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Home My WebLink AboutAgenda Packet 1998/07/14 - I Tuesday, July 14, 1998 6:00 p.m. "I declare llnder penalty of perjury that I am employed by the City of Chula Vista in tha Office of the City Clark and that I posted thla Agenda/Notice on the Bullatin Board at, the Public Serv~ Building ~~. at City Hall on DATED. ?/N rSIGNED ~.. I ( L REVISED Council Chambers Public Services Building Rel!ular Meetin~ of the Citv of Chula Vista Citv Council CALL TO ORDER 1. ROLL CALL: Councilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: June 16,1998. 4. SPECIAL ORDERS OF THE DAY: A. Oath of Omce: Cultural Arts Commission - Hector C. Molina. B. Proclamation commending Sweetwater Union High School District's South Bay Gain Employability Center. The proclamation will be presented by Mayor Horton to Dr. Tom Teagle. C. Proclamation expressing congratulations to the Chula Vista Woman's Club upon the occasion of its eighty-fifth anniversary. The proclamation will be presented by Mayor Horton to Helen Stokes, President of the Chula Vista Woman's Club. D. Presentation of an award from the U.S. Department of Housing and Urban Development to the City as the winner of the John J. Gunther HUD Blue Ribbon Best Practices in Housing Community Development Award. Mayor Horton will present the award to Chris Salomone, Director of Community Development, and David Palmer, Library Director. CONSENT CALENDAR (Items 5 through 16) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: A. Le~ter from t~e City Attor~ey stating that to the best of his knowledge from observance of achons taken m Closed SessIOn on June 23, 1998, that there were no reportable actions which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. 6.A. ORDINANCE 2739-A ADDING, AS AN EMERGENCY MEASURE, SECTIONS 5,40.050 AND 5.40.060 TO THE MUNICIPAL CODE RELATING TO THE PROHffiITION OF SOLICITING AND PEDDLING IN CERTAIN AREAS AND PROHIBITING THE SELLING OF TICKETS OF ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES OPEN TO. THE PUBLIC (umencv) - With Council's ~ecent approval for the Universal Amphitheater to conduct ~usmess wlthm the City, an ordmance IS reqUired to prohibit any unauthorized person(s) from selling lIckets. for adnusslOn to amphitheater events, or any other future places of public amusement or entertal~~ent which. may want ~o conduct busmess for profit in the City. An ordinance is also required to prohibit the peddlIng or vendmg of goods, merchandise or memorabilia in certain areas specifically in proximity to the amphitheater, or other sites in which venues and/or events are located. St~ff recommends Council adopt Urgency Ordinance 2739-A with a required 4/5th's vote and place Ordinance 2739-B on first reading. (Chief of Police) 4/5th's vote required. 9. RESOLUTION 19072 ADOPTING CITY COUNCIL POLICY REGARDING DISTRIBUTION OF AMPHITHEATER TICKETS - On September 4, 1997, the City entered into a Sublease Agreement with Universal Concerts, Inc. ("Universal "). The Sublease set forth various terms and conditions for the development and operation of a 20,000 seat amphitheater on Otay Valley Road. In Section 11.3 of the Sublease, Universal agrees to give the City twenty-four (24) tickets to each event promoted by Universal at the amphitheater. Twelve of the tickets provide access to a twelve-seat "City box." The other twelve tickets provide access to prime seats in the best third of the fixed seating area. Staff recommends approval of the resolution. (Assistant City Attorney and Director of Community Development) 10. RESOLUTION 19073 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS - The 1998/99 budget includes the funding of various community promotions organizations. The Council considered requests from these groups and, as part of the adoption of the budget on June 23, 1998, the following amounts for funding were approved: Miss Chula Vista Pageant $2,000; Gretchen Evans Library Concerts $1,650; United Nations Day Committee $350; and Bonitafest $2,410. Staff recommends approval of the resolution. (City Manager) II. RESOLUTION 19074 APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO THE YEAR 2002 AND SETTING A PUBLIC HEARING TO CONSIDER SAME FOR AUGUST 4, 1998 - Council conditionally approved the assignment of the solid waste franchise from Laidlaw to Allied in June, 1997. Staff and Laidlaw were directed by Council to discuss various financial, service and operational issues prior to consideration of any franchise extension. Council only authorized extension of the Franchise on a month to month basis pending this item being brought back for consideration. A public hearing for the first reading of the Ordinance is proposed to be scheduled for August 4, 1998. No discussion of the item is necessary at this time. Staff recommends approval of the resolution. (Deputy City Manager and Conservation Coordinator) Agenda -2- July 14, 1998 B. ORDINANCE 2739-B ADDING SECTIONS 5.40.050 AND 5.40.060 TO THE MUNICIPAL CODE RELATING TO THE PROHffiITION OF SOLICITING AND PEDDLING IN CERTAIN AREAS AND PROHIBITING THE SELLING OF TICKETS OF ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC (first readinl!) 7. RESOLUTION 19070 APPROVING A PARTNERSHIP BETWEEN THE SOUTHWESTERN COMMUNITY COLLEGE CAMPUS POLICE AND THE CITY OF CHULA VISTA POLICE DEPARTMENT FOR DOCUMENTING, INVESTIGATING AND REPORTING OF CRIME RELATED INCIDENTS ON SOUTHWESTERN COMMUNITY COLLEGE DISTRICT PROPERTY AND AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH SOUTHWESTERN COLLEGE CAMPUS POLICE - For many years, Southwestern College Campus Police have been responsible for security on campus and related district properties. As of July 1, 1997, Southwestern College Campus Police received certification as sworn peace officers pursuant to 830.32 (a) of the California Penal Code. The current change in status affords the City's Police Department an opportunity to enhance and expand the existing partnership with Southwestern College Campus Police. By instituting a formal Memorandum of Understanding, Southwestern College Campus Police and the City's Police Department accept an agreed upon process for responding and documenting law enforcement action occurring on college district property. Staff recommends approval of the resolution. (Chief of Police) 8. RESOLUTION 19071 RECITING THE FACT OF A GENERAL MUNICIPAL ELECTION HELD ON JUNE 2,1998, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - At the June 2, 1998 General Municipal Election, Mayor Horton won by 71.82% over the other candidates; and Steve Padilla, candidate for Seat 2, won over the other candidate by 60.30%. Therefore, according to the Charter, a Runoff Election will not be required for these two posi'tions. However, all candidates for Seat I received less than 50 % of the votes cast. Therefore, a Runoff Election for Seat 1 will be necessary. Staff recommends approval of the resolution. (City Clerk) 9. RESOLUTION 19072 ADOPTING CITY COUNCIL POLICY REGARDING DISTRffiUTION OF AMPHITHEATER TICKETS - On September 4,1997, the City entered into a Sublease Agreement with Universal Concerts, Inc. ("Universal"). The Sublease set forth various terms and conditions for the development and operation of a 20,000 seat amphitheater on Otay Valley Road. In Section 11.3 of the Sublease, Universal agrees to give the City twenty-four (24) tickets to each event promoted by Universal at the amphitheater. Twelve of the tickets provide access to a twelve-seat "City box." The other twelve tickets provide access to prime seats in the best third of the fixed seating area. Staff recommends approval of the resolution. (Assistant City Attorney and Director of Community Development) 10. RESOLUTION 19073 APPROVING AGREEMENTS WITH VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS - The 1998/99 budget includes the funding of various community promotions organizations. The Council considered requests from these groups and, as part of the adoption of the budget on June 23, 1998, the following amounts for funding were approved: Miss Chula Vista Pageant $2,000; Gretchen Evans Library Concerts $1,650; United Nations Day Committee $350; and Bonitafest $2,410. Staff recommends approval of the resolution. (City Manager) 11. RESOLUTION 19074 APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO THE YEAR 2002 AND SETTING A PUBLIC HEARING TO CONSIDER SAME FOR AUGUST 4, 1998 - Council conditionally approved the assignment of the solid waste franchise from Laidlaw to Allied in June, 1997. Staff and Laidlaw were directed by Council to discuss various financial, service and operational issues prior to consideration of any franchise extension. Council only authorized extension of the Franchise on a month to month basis pending this item being brought back for consideration. A public hearing for the first reading of the Ordinance is proposed to be scheduled for August 4, 1998. No discussion of the item is necessary at this time. Staff reconunends approval of the resolution. (Deputy City Manager and Conservation Coordinator) Agenda -3- July 14, 1998 12. RESOLUTION 19075 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR COOPERATIVE ECONOMIC DEVELOPMENT EFFORTS - Council appropriated funding for the South San Diego County Economic Development Council (SCEDC) in fiscal year 1995/96, fiscal year 1997/98, and fiscal year 1998/99. A Memorandum of Understanding (MOU) with SCEDC was approved by Council for fiscal year 1995/96, fiscal year 1996/97, and fiscal year 1997/98. The MOU called for coordinated economic development efforts and required quarterly reports from SCEDC in exchange for the City contributions. Council appropriated current year funds with the stipulation of a required renewal of the MOU with SCEDC. Staff is requesting lbat Council formally authorized the Mayor to sign the renewed fiscal year 1998/99 MOU which contains no substantive changes. Staff reconunends approval of the resolution. (Director of Conununity Development) 13. RESOLUTION 19076 ACCEPTING BIDS, AWARDING CONTRACT FOR "DRAINAGE IMPROVEMENTS, SOUTH OF "G" STREET, WEST OF SECOND A VENUE AND NORTH OF DEL MAR COURT IN THE CITY (DR-908)" AND A FUND TRANSFER FROM CAPITAL IMPROVEMENTS PROGRAM (CIP) PROJECT "DRAINAGE BASIN - E/O SECOND A VENUE," DR-120 - On June 13, 1998, bids were received. The work to be done consists of constructing an 8 foot by 4 foot reinforced concrete box culvert 421 linear feet long. Staff recommends approval of the resolution awarding the contract to Rutledge Joint Venture in the amount of $186,511.18 and approving a fund transfer from the crp Project DR-l20 in the amount of $23,500. (Director of Public Works) 14. RESOLUTION 19077 ACCEPTING BIDS AND AWARDING CONTRACT TO HMS CONSTRUCTION FOR THE FISCAL YEAR 1997/98 TRAFFIC SIGNAL LOOP DETECTOR REPLACEMENT PROGRAM (CIP NO, TF252) AND THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF BROADWAY AND FLOWER STREET (CIP NO. TF257) - The work to be done will include: (1) replacing malfunctioning traffic signal loop detectors at various signalized intersections; and (2) installing a new eight phase traffic signal system at Broadway and Flower Street. Staff reconunends approval of the resolution. (Director of Public Works) 15. RESOLUTION 19078 ACCEPTING BIDS AND AWARDING AN INFORMAL BID CONTRACT TO MJC CONSTRUCTION FOR THE EMERGENCY "STORM DRAIN REPAIR, SOUTH OF ORANGE A VENUE, WEST OF OLEANDER A VENUE, JUST WEST OF THE SEQUOIA STREET INTERSECTION, IN THE CITY (DR-I40)" AND APPROPRIATING FUNDS THEREFOR - In February 1998, due to the winter rains, a oorrugated metal storm drain pipe collapsed causing a sink hole to open up on the access road to the drainage channel located south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection. Staff prepared specifications and requested informal bids from four contractors to do the work. The work to be done includes trenching, removal of existing improvements, installation of a 36-inch High Density Polyethylene pipe, installation of concrete anchor and cutoff walls, protection and restoration of existing improvements, and other miscellaneous work. Staff reconunends approval of the resolution. (Director of Public Works) 4/5th's vote required. 16.A. RESOLUTION 19079 APPROVING THE FINAL "A" MAP FOR TRACT NUMBER 97-02, MCMILLIN OT A Y RANCH SPA ONE, PHASE ONE, ACCEPTING ON BEHALF OF THE CITY, PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS OF LOTS "A" THROUGH "I" FOR OPEN SPACE FOR PUBLIC PARK PURPOSES AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On June 3, 1997, Council approved the Tentative Subdivision Map for Tract 97-02, McMillin Otay Ranch SPA One, Phase One. Condition Number 105 of Resolution 18686 stipulates that the developer may submit and obtain approval of the City of a master final map ("A" Map) over portions of the Tentative Map showing "super block" lots. The" A" Map is required to show the backbone street dedications and utility easements required to service the "super block" lots. In addition, the developer is required to provide security guaranteeing the construction of said backbone facilities. All "super block" lots created are also required to have access to a dedicated public street. Staff recommends approval of the resolutions. (Director of Public Works) Agenda -4- July 14, 1998 B. RESOLUTION 19080 APPROVlNG THE FlNAL "A" MAP SUBDlVISION lMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 97-02, MCMILLlN OT A Y RANCH SPA ONE, PHASE ONE, AND AUTHORIZlNG THE MAYOR TO EXECUTE SAID AGREEMENT * * * END OF CONSENT CALENDAR * * * ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Coundl on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARlNGS AND RELATED RESOLUTIONS AND ORDlNANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. 17. PUBLIC HEARlNG OPEN SPACE DlSTRICTS 1-9,11,14,15,17,18,20,23,24,26,31,33, BAY BOULEVARD, AND TOWN CENTRE FOR FISCAL YEAR 1998/99 - In accordance with Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space districts. The reports were accepted and the required public hearings were set by Council on May 26, 1998. The first public hearing was conducted on June 23, 1998. This item includes information related to the above districts and general information related to Open Space District 10 and Eastlake Maintenance District Number 1. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 19081 ORDERlNG CERT AlN OPEN SPACE AND MAlNTENANCE FACILITIES TO BE MAINTAINED, APPROVlNG MODlFlCATION TO THE ENGINEER'S REPORT AND LEVYlNG THE ASSESSMENTS FOR FISCAL YEAR 1998/99 OPEN SPACE DlSTRICTS 1-9, 11, 14,15,17,18,20,23,24,26,31,33, BAY BOULEVARD AND TOWN CENTER 18. PUBLIC HEARlNG OPEN SPACE DlSTRICT NUMBER 10 FOR FISCAL YEAR 1998/99 - Based upon the advice of the City Attorney, this item has been separated due to conflict of interest concerns since two Councilmembers own property subject to the proposed assessment in this district. The first public hearing was held on June 23, 1998. This is the second and final public hearing as required by law. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 19082 ORDERlNG CERTAlN OPEN SPACE AND MAlNTENANCE FACILITIES TO BE MAINTAINED, APPROVlNG MODlFICATION TO THE ENGINEER'S REPORT AND LEVYlNG THE ASSESSMENTS FOR FISCAL YEAR 1998/99 FOR OPEN SPACE DlSTRICT NUMBER 10 19. PUBLIC HEARING EASTLAKE MAINTENANCE DlSTRICT NUMBER 1 FOR FISCAL YEAR 1998/99 - Based upon the advice of the City Attorney, this item has been separated due to conflict of interest concerns since one Councilmember owns property subject to the proposed assessment in this district. The first public hearing was held on June 23, 1998. This is the second and final public hearing as required by law. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 19083 ORDERING CERT AlN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVlNG MODIFICATION TO THE ENGINEER'S REPORT AND LEVYlNG THE ASSESSMENTS FOR FISCAL YEAR 1998/99 FOR EASTLAKE MAlNTENANCE DISTRICT NUMBER 1 Agenda -5- July 14, 1998 20. PUBLIC HEARING DECLARING THE INTENT TO INCREASE THE OPEN SPACE DISTRICT NUMBER 10 ASSESSMENT ON THE BELLA NEVONA SUBDIVISION - On May 26, 1998, Council approved the proposal to: (I) subdivide a parcel consisting of 5.25 gross acres into 28 lots for tbe Bella Nevana subdivision ranging in size from 5,000 square feet to 8,300 square feet; (2) amend the development standards contained in the Ranchero Sectional Planning Area to allow a reduction in minimum lot sizes and set back requirements; (3) order the initiation of assessment ballot procedures applicable to the parcel for which it is proposed that the Open Space District Number !O assessment will be increased; and (4) schedule a public hearing on the intent to increase the Open Space District Number !O assessment on this subdivision. Staff recommends this nublic heann!! be continued to the meet;n!! of .Iulv 28. 1998. (Director of Public Works) 21. PUBLIC HEARING ADJUSTMENT OF THE TELEGRAPH CANYON DRAINAGE FEE - The fees established in 1990 for the Telegraph Canyon Drainage Basin improvements were last updated on April 21, 1998 using the Engineering News Record "Construction Cost Index." The fee was increased by 16.75% to $4,579 per acre. The last update using revised cost estimates and benefit areas as a basis was in 1992. At that time, however, due to various factors, the fee remained unchanged at $3,922 per acre. It is time to revisit this fee after six years and update it using current improvement cost estimates and remaining benefit areas in accordance with the provision included within Ordinance Number 2384. It is proposed that the fee be increased to $4,846 per acre. This fee increase is necessary to cover cost increases to build the original facilities. Staff recommends this Dublic hearin!! be continued to the meet;n!! of Au!!ust 4. 1998. (Director of Public Works) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantiol discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. 22.A. RESOLUTION 19084 ESTABLISHING THE COMPENSATION FOR EXECUTIVE MANAGERS The compensation resolutions for Executive Managers, Senior Managers, Middle Managers, and the Confidential Unit represent three year agreements for salary and benefit adjustments. The three year agreement provides for salary increases of 3 % January I, 1999, 4% January 1, 2000, and 5 % January I, 2001. Another issue which will not be granted in the first year is the Vacation Sell-back program. This will provide employees who have sufficient vacation balances to sell either 1 or 2 weeks of vacation. This program will not go into effect until July 1, 1999. Staff recommends approval of the resolutions. (Director of Human Resources) B. RESOLUTION 19085 ESTABLISHING THE COMPENSATION FOR SENIOR MANAGERS C. RESOLUTION 19086 ESTABLISHING THE COMPENSATION FOR MIDDLE MANAGERS D. RESOLUTION 19087 EMPLOYEES E. RESOLUTION 19093 APPROVING PAY AND BENEFIT INCREASES FOR MAYOR AND COUNCIL AS REFLECTED IN EXHIBIT A ESTABLISHING THE COMPENSATION FOR CONFIDENTIAL F. RESOLUTION 19094 ESTABLISHING THE COMPENSATION FOR UNCLASSIFIED HOURLY EMPLOYEES G. RESOLUTION 19088 APPROVING MEMORANDUM OF UNDERSTANDING PROVISIONS WITH THE WESTERN COUNCIL OF ENGINEERS (WCE) Agenda -6- July 14, 1998 H. RESOLUTION 19089 APPROVING MEMORANDUM OF UNDERSTANDING PROVISIONS WITH THE CHULA VISTA EMPLOYEES ASSOCIATION (CVEA) I. RESOLUTION 19090 APPROVING MEMORANDUM OF UNDERSTANDING PROVISIONS WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) J. RESOLUTION 19095 AMENDING THE FISCAL YEAR 1998/99 BUDGET TO ADD NEW POSITIONS AND APPROVING SPECIAL SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AS REFLECTED IN EXHIBIT A K. RESOLUTION 19096 AMENDING THE FISCAL YEAR 1998/99 BUDGET AND APPROPRIATING FUNDS TO COVER LABOR COST INCREASES AS REFLECTED IN EXHIBIT A - 4/5th's vote required. 23. RESOLUTION 19091 AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NUMBER PE-433 FOR CONSTRUCTION OF TWO ENTRY MONUMENT SIGNS PROPOSED FOR THE NEW COORS AMPHITHEATER LOCATED ON OTAY VALLEY ROAD - Universal Concerts, owners of the Coors Amphitheater. are proposing to construct two entry monument signs along the Otay Valley Road frontage. The frontage area is located within a City open space landscape area which functions as the entrance tot he Coors Amphitheater. According to Section 12.28 of the Municipal Code, any permanent structures build within open space, such as permanent monument signs requires Council approval utilizing the encroachment permit process. Staff recommends approval of the resolution. (Director of Public Works) 24. REPORT COORS COMMUNITY PROGRAMS FOR RESPONSIBLE BEHAVIOR - On June 16, 1998, Council reviewed the Events Management Plan for the Coors Amphitheater and discussed the company's promotions for responsible behavior in the sale and consumption of alcohol. Council requested that more specific information on Coors' programs and specific efforts which will be undertaken in Chula Vista be brought back. In addition to the information in this report. Coors' staff has prepared a video "composite" for presentation to Council which summarizes the company's promotional and educational efforts. Staff recommends Council accept the report and direct staff to work with Coors and Universal to insure liaison with community and education groups promoting responsible behavior among youth in the community. (Director of Community Development) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 25. CITY MANAGER'S REPORTlS) A. Scheduling of meetings. 26. MA YOR'S REPORTlS) A. Ratification of reappointments (terms will expire June 30, 2002): Commission on Aging - Anne H. Fabrick and William Lane; Board of Appeals and Advisors - Marshall Compton and M. Kevin O'Neill; Charter Review Committee - Harriet Acton and John M. Dorso; Cultural Arts Commission - Brent A. Curd and Thomas J. Erhardt; Economic Development Commission - Martin Calvo (Mayor Nominate) and Christopher Lewis (Realtors Nominate); Board of Ethics - Joanne E. Carson and Ricardo Gibert; Housing Advisory Commission - Margaret J. Helton (At-Large) and Rosa L. Lopez-Gonzalez (Lender); Human Relations Commission - Maria Perman and Virgil Pina; International Friendship Commission - Paul Catanzaro and Anthony Ciotti, Sr.; Library Board of Trustees - Eleanore Valdovinos; Agenda -7- July 14, 1998 Mobilehome Rent Review Commission - Jeanne Reynolds and Dr. Christine Smith; Otay Valley Road Project Area Committee - Marco Polo Cortes (At-Large); Parks and Recreation Commission - Catherine M. Radcliffe; Planning Commission - Robert S. Thomas and John A. Willett; Resource Conservation Commission - Cindy Burrascano and Robert Fisher; Safety Commission - Carol Gove, John M. Liken and Cindy Miller; Town Centre Project Area Committee - Donna L. Vignapiano; Veterans Advisory Commission - Robert L. McCauley and William H. Poindexter; and Youth Commission - Angela Kodicek (Chula Vista High School), Rickey Welch (Chula Vista High School) and David E. Taboada (Hilltop High School). B. Ratification of appointments: Cultural Arts Commission - Gene Clement (to fill vacancy created by Commissioner McAllister, whose term expired on June 30, 1998); Economic Development Commission - Chris Bitterlin (Ex-Officio) (to fill vacancy created by Commissioner Sellgren, whose term expired on June 30, 1998); Housing Advisory Commission - Barbara Worth (Tenant) (to fill vacancy created by Commissioner Worth, whose term expires June 30, 2000); and International Friendship Commission - Michie Crockett (to fill vacancy created by Commissioner Taboada, whose term expired on June 30, 1998). 27. COUNCIL COMMENTS Councilmember Moot A. RESOLUTION 19092 URGING THE CREATION OF JOINT GOVERNMENTAL TASK FORCE WITH THE CHULA VISTA ELEMENTARY SCHOOL BOARD, AND SWEETWATER UNION ffiGH SCHOOL DISTRICT BOARD - The City of Chula Vista, the Chula Vista Elementary School District, and the Sweetwater Union High School District share a common interest in promoting the well being of area youth. This resolution would establish a joint governmental task force that would pursue common opportunities and develop strategies to expand the recreational programs and services available to children. It is recommended that the resolution be approved. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a special meeting/worksession on Thursday, July 16, 1998 at 5:30 p.m. in the Council Conference Room, Administration Building, and thence to the regular City Council meeting on July 28, 1998 at 6:00 p.m. in the City Council Chambers. A special meeting of the Redevelopment Agency will be held immediately following the City Council meeting. "I d I ec are llnder penalty of perjury that I employed by the City of Chuta Viata In th:m Office of the City Clerk and that I posted this Age~da/Notjce on the Bulletin Board at the Public rvicea Build' d . Tuesday, July 14, 1998 DATED mg 8lI at CIty Hall on Council Chambers 6:00 p.m. ' &> SIGNED 8YP.<1bli..services Building (immediately following the City Council Meeting Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 2. Anticipated litigation pursuant tn Government Code Section 54956.9 · Significant tlxposure to litigation pursuant to subdivision (b): Two cases. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 . Property: Approximately 72.5 acres of property located at the southwest quadrant of Otay Valley Road and Olay Rio Road, Chula Vista. Negotiating parties: City of Chula Vista (Chris Salomone) and Universal Concerts, Inc. Under negotiation: Terms for modification of Sublease. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: David Rowlands or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEAl and Western Council of Engin~rs (WeE), Police Officers Association (POA) and International Association of Fire Fighters (IAFF). Unrepresented employe~: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION July 9, 1998 TO: The Honorable Mayor and City Council 1 (?- ;-z/ FROM: David D. Rowlands, Jr. , City ManagerGf.I Vi SUBJECT: City Council Meeting of July 14, 1998 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, July 14, 1998. Comments regarding the Written Communications are as follows: Sa. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 6/23/98, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDR:mab ~~f~ ~ ~55S - - -- CllY Of CHULA VISTA OFFICE OF THE CITY ATTORNEY Date: June 24, 1998 From: The Honorable Mayor and City Council John M. Kaheny, City AttorneY~~ Report Regarding Actions Taken in Closed Session for the Meeting of 6/23/98 To: Re: The City Council met in Closed Session on 6/23/98 to discuss Wolfe v. City of Chula Vista, Griffin v. City of Chula Vista, Granite Construction v. City of Chula Vista, Conference with Real Property Negotiator - Property: Approximately 7 acres located on Bonita Road adj acent to the Chula Vista Municipal Golf Course for purchase price/lease rate and other terms and conditions for possible disposition of City-owned property and labor negotiations. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clossess.no 5(}-/ 276 FOURTH AVENUE' CHUIJ. VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 '*' PtIIIl~RlcyclidP;f* COUNCil AGENDA STATEMENT Item !r Meeting Date: 7/14/98 ITEM TITLE: 11, Emergency Ordinance ;Z 73'1"'/9 Adding Sections 5.40.050 and 5.40.060 to Chapter 5 of the Chula Vista Municipal Code Relating to the Prohibition of Soliciting and Peddling Merchandise, goods and/or Memorabilia, and by the Selling of Tickets for Admission to Places of Public Assemblage, in Public Places, and in Places Open to the Public within Certain Areas of the City of Chula Vista. {3. Ordinance ;Z 739.8Adding Sections 5.40.050 and 5.40.060 to Chapter 5 of the Chula Vista Municipal Code Relating to the Prohibition of Soliciting and Peddling Merchandise, goods and/or Memorabilia, and by the Selling of Tickets for Admission to Places of Public Assemblage, in Public Places, and in Places Open to the Public within Certain Areas of the City of Chula Vista. Chief of Police () - ~ ~,Ol City Manager ~v City Attorney r (4/5ths Vote: YeslL No_) SUBMITTED BY: REVIEWED BY: With Council's recent approval for the Universal Amphitheater to conduct business within the City of Chula Vista, an ordinance is required to prohibit any unauthorized person(s) from selling tickets for admission to amphitheater events, or any other future places of public amusement or entertainment which may want to conduct business for profit in the City of Chula Vista. An ordinance is also required to prohibit the peddling or vending of goods, merchandise or memorabilia in certain area, specifically in proximity to the amphitheater, or other sites in which venues and/or events are located. RECOMMENDATION: That Council adopt the ordinance adding sections 5.40.050 and 5.040.060 to Chapter 5 of the Chula Vista Municipal Code prohibiting the sale of tickets of admission for profit and further prohibit peddlers and vendors from selling goods, merchandise and/or other products in certain areas, specifically in proximity to the venue's location. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. b -/ - , Page 2, Item _ Meeting Date: 7/14/98 DISCUSSION: Due to the opening of the Coors Universal Amphitheater and other future places of public amusement or assemblage which will require tickets of admission for events, there exists a need to regulate ticket "scalping" (Le., selling tickets of admission for a price higher than the face value of the ticket). There is also concern for peddlers and vendors selling merchandise, goods or other products in proximity to the venue's location, or places of public amusement and assemblage. The presence of ticket scalpers, peddlers and/or vendors in close proximity to places of amusement, such as the Coors Universal Amphitheater, often results in traffic stoppages. Such stoppages and congestion create an issue of public safety. The addition of sections 5.40.050 and 5.40.060 will prohibit ticket "scalping" and the peddling of goods, including merchandise memorabilia within a three (3) mile radius of the intersections of Heritage Road and Otay Valley Road in the City of Chula Vista. This will allow the Police Department to effectively monitor traffic, as well as ensuring that ticket "scalping" does not occur. In order to effectively enforce the ordinance, uniformed officers, and on occasion plainclothes personnel, may be required to monitor and make arrests for any violations which may occur. The Chamber of Commerce is in support of the proposed ordinance. The ordinance is considered to be an emergency ordinance because the Universal Amphitheater will open with a concert on July 21, 1998, and the enactment of the ordinance prior to that date will ensure that traffic stoppages and congestion are minimal. In order to avoid any possible challenges to the emergency ordinance, it is recommended that the Council also adopt the ordinance in the normal course. FISCAL IMPACT: The Coors Universal Amphitheater has agreed to reimburse the City for the cost of police officers assigned to the amphitheater on duty during performances. Therefore, funds expended by the City of Chula Vista and impact on the General Fund to enforce the provisions of this ordinance will be recovered. (F:IUSR\ADMINISCS\A 113SICOORSAMP.113] 6~;Z ORDINANCE NO. c2?5f/9 AN ORDINANCE ADDING, AS AN EMERGENCY MEASURE, SECTIONS 5.40.050 AND 5.40.060 TO THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO THE PROHIBITION OF SOLICITING AND PEDDLING IN CERTAIN AREAS AND PROHIBITING THE SELLING OF TICKETS OF ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC The City Council of the city of Chula vista does ordain as follows: SECTION I: section 5.40.050 and section 5.40.060 are hereby added to Chapter 5.40 of the Chula vista Municipal Code to read as follows: Section 5.40.050 SOliciting, peddling Prohibited in certain Areas A. Notwithstanding any of the provisions of this Chapter, it shall be unlawful for any person, either as principal or agent, to solicit, peddle, hawk or sell or vend any goods, wares, or merchandise, services, magazines, periodicals or other publications, or subscriptions for the same, regularly published newspapers excepted, or offer to, or distribute to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services upon any street, sidewalk, alley, plaza or in any park or public place with the following limits of the city of Chula vista: Any public area within a three (3) mile radius intersections of Heritage Road and Otay Valley Road in the Chula vista. of the city of section 5.40.060. Selling of Tickets of Admission to Places of Public Assemblage in Public Places and Places open to the Public Prohibited - Exceptions A. It is the purpose and intent of this ordinance to prohibit the unauthorized sale or resale for profit of admission tickets to places of public amusement or entertainment including, but not limited to, stadiums, auditoriums, theaters, arenas and amphitheaters. B. No person shall sell or resell for profit or offer to sell or resell for profit any ticket of admission to a place of public assemblage in or upon any public street sidewalk, park, or other public place or in or upon any place which is open to the public, except as otherwise provided herein. C. The provisions of paragraph B of this section shall not include or apply to the sale of such tickets at or from any ticket office, booth, or other similar place regularly and permanently established r;,r; , / and maintain therefor with the express permission and authorization of the person or governmental agency in charge, care, or control or the property where such office, booth or place is located. D. For purposes of this section the following words and phrases are defined as follows: 1. "Place of Public Assemblage" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater which is open to the public upon compliance with requirements for admission thereto. 2'. "Place open to the Public" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater and the property upon which such place is located or any other property contiguous thereto which is under the same care, management, or control. 3. "For Profit" shall mean for a price higher than the face value of the ticket. SECTION II: Urgency Findings. The city council does hereby declare that this ordinance is necessary as an emergency measure in order to preserve the public peace, health, safety, and general welfare. The reasons for such urgency are as follows: the Universal Amphitheater will open with a concert on July 21, 1998 for which tickets of admission will be sold. Prohibiting the sales of tickets of admission for profit and peddling or vending in the three (3) mile radius of the intersections of Heritage Road and Otay Valley Road will ensure that traffic stoppages and congestion are minimal to protect the public safety. The immediate enactment of the ordinance will provide police officers with the ability to enforce the ordinance commencing with the amphitheater's first public event on July 21, 1998. SECTION III: Effective Date. Pursuant to the provisions of Charter section 311 (d) and 312(d)(4), this ordinance shall take effect and be in full force immediately upon the introduction and adoption hereof if passed by at least four (4) affirmative of the City Council as an urgency measure. Presented by Approved as to form by Richard Emerson, Chief of Police ~~ Kaheny, City, ney ~ff-:Z PROOF OF PUBLICATION (2015.5 C.C.P.) 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 matter. I am the principal clerk of the printer of the STAR-NEWS, a newspaper of general circulation, pub- lished ONCE WEEKLY in the city of Chula Vista and the South Bay Judicial District, County of San Diego, which newspaper has been adjudged a news- paper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; 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 supplement thereof on the following dates, to-wit: 7118 all in the year 1998 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 18 day of July , 19~ Signature~~~' BfjlfM INCI L~RK This space is for the County Clerk's filing stamp Proof of Publicaton of: CV 11161 ----------------------------~~---------------~~--- ORDINANCE 2739 A lloJICE.MIOl'I'IOlIlIF _mw F..'t.,ce ..411.... to tilE . IIlllllCINl CODE IlaATIIl811llllE ==r.: .1'EIl!\Ulll1ll="MIl .... GPEII. . PIlIIlJt. jotJ;U:..c.. p~rp..,0:u,'.4..h.~4 =~_lt~ fOr ~~O lO....ph~ th-.ter.oyo."l w a~y otherfptl/to P a_of PUblic lllIUSOmanl OJ I~WhIell may \VllIIlD.\lODdUc:t 1lasI..... forPlllfiliathaCiIy. Tbia. o,dlnan.1 was adoptod al an prg.ncy m'lSlIt. -' the regplar IIIoeI/aa ell July 14. 1!l98 :~~s~=~'Jft~~ RfnllOlto.$alU, Ijorlllo; NOES: NOlllj, ABSENT: Nont; A8$T"'~: NOne. "",..tIl city Char. ~=l~"= avaUabl, .Inlho CIlY CI.rk'. .0111.1 and Is avaIIQIelO*" It1tol1sted ~~~. bpalllflt 6$1- ;:.~'tS);,J!llyl~l. C\l1.1lS1.- ....Jll!!IH ~-3 ORDINANCE NO. J..?3Cj-[J AN ORDINANCE ADDING SECTIONS 5.40.050 AND 5.40.060 TO THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO THE PROHIBITION OF SOLICITING AND PEDDLING IN CERTAIN AREAS AND PROHIBITING THE SELLING OF TICKETS OF ADMISSION TO PLACES OF PUBLIC ASSEMBLAGE IN PUBLIC PLACES AND PLACES OPEN TO THE PUBLIC The City council of the City of Chula Vista does ordain as follows: SECTION I: added to Chapter follows: section 5.40.050 and Section 5.40.060 are hereby 5.40 of the Chula vista Municipal Code to read as Section 5.40.050 Soliciting, Peddling Prohibited in Certain Areas A. Notwithstanding any of the provisions of this Chapter, it shall be unlawful for any person, either as principal or agent, to solicit, peddle, hawk or sell or vend any goods, wares, or merchandise, services, magazines, periodicals or other publications, or subscriptions for the same, regularly published newspapers excepted, or offer to, or distribute to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services upon any street, sidewalk, alley, plaza or in any park or public place with the following limits of the City of Chula vista: Any public area within a three intersections of Heritage Road and otay Chula vista. (3) mile radius of the Valley Road in the City of section 5.40.060. selling of Tickets of Admission to Places of Public Assemblage in Public Places and Place. open to the Public prohibited - Exceptions A. It is the purpose and intent of this ordinance to prohibit the unauthorized sale or resale for profit of admission tickets to places of public amusement or entertainment including, but not limited to, stadiums, auditoriums, theaters, arenas and amphitheaters. B. No person shall sell or resell for profit or offer to sell or resell for profit any ticket of admission to a place of public assemblage in or upon any public street sidewalk, park, or other public place or in or upon any place which is open to the public, except as otherwise provided herein. ~fi-/ C. The provisions of paragraph B of this section shall not include or apply to the sale of such tickets at or from any ticket office, booth, or other similar place regularly and permanently established and maintain therefor with the express permission and authorization of the person or governmental agency in charge, care, or control or the property where such office, booth or place is located. D. For purposes of this section the following words and phrases are defined as follows: 1. "Place of Public Assemblage" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater which is open to the public upon compliance with requirements for admission thereto. 2. "Place Open to the Public" shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall, arena or amphitheater and the property upon which such place is located or any other property contiguous thereto which is under the same care, management, or control. 3. "For Profit" shall mean for a price higher than the face value of the ticket. 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 Richard Emerson, Chief of Police ~[J~~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: BACKGROUND: COUNCIL AGENDA STATEMENT Item .2.. Meeting Date: 7/14/98 RESOLUTION /9 d? (/ Approving a Partnership Between the Southwestern Community College Campus Police (SWCCP) and the City of Chula Vista Police Department for Documenting, Investigating and Reporting of Crime Related Incidents on Southwestern Community College District Property, and Authorizing the Chief of Police to Enter into a Memorandum of Understanding with Southwestern College Campus Police. Chief of POIiC~~ ()tv ,. k" City Manager 1IiI'!!'? City Attorney'!'- (4/5ths Vote: Yes_ No-1L) For many years, Southwestern College Police have been responsible for security on campus and related district properties. As of July 1, 1997, Southwestern College Campus Police (SWCCP) received certification as sworn peace officers pursuant to 830.32.(a) of the California Penal Code. This action authorizes and appoints peace officer status for Southwestern College Campus Police. The current change in status affords the Chula Vista Police Department an opportunity to enhance and expand the existing partnership with SWCCP. By instituting a formal Memorandum of Understanding, SWCCP and the Chula Vista Police Department accept an agreed upon process for responding and documenting law enforcement action occurring on college district property. A copy of the Memorandum of Understanding is attached hereto as Exhibit A. RECOMMENDATION: That Council approve the partnership between the Chula Vista Police Department and SWCCP, and authorize the Chief of Police to enter into a Memorandum of Understanding. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: For several years, staff of the Chula Vista Police Department have provided a full range of law enforcement services at Southwestern College. This Memorandum of Understanding gives Southwestern College Campus Police the opportunity to provide a professional level of police service for those working and attending activities on the college 7--/ Page 2, Item_ Meeting Date: 7/14/98 campus. This will include calls for service, police investigations, collection of evidence, and all appropriate documentation. Implementing the proposed Memorandum of Understanding will give campus police the authority and responsibility, with few exceptions, to function as a fully operational police department. In doing so, Chula Vista Police personnel will be able to reallocate potential down time associated with calls for service, and occasional on-campus investigations to providing more time on police patrols. Police Department staff will continue to assist Southwestern Police Officers upon request. All felony and high profile cases, with the exception of auto burglaries, will be handled by Chula Vista Police personnel in cooperation with Southwestern College Police. Campus Police will conduct their own investigations and make arrests (if necessary) for misdemeanor and infraction cases. Most misdemeanor and infraction crimes will be documented by SWCCP. The Chula Vista Police Department will maintain jurisdiction of all crimes as deemed appropriate and/or necessary. Records Management will be maintained by the Chula Vista Police Department, as well as retention of all case reports and evidence. FISCAL IMPACT: The proposed Memorandum of Understanding will not result in any direct impact on the general fund; however, indirectly Police Department personnel will be able to reallocate time and resources to police patrols and proactive enforcement within the community. Attachment: Exhibit A - Memorandum of Understanding [F:\USRIADMINISCSIA 113SISWCCPD-2.113] 7 --- .z ---I RESOLUTI ON NO. /9 tJ ? tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARTNERSHIP BETWEEN THE SOUTHWESTERN COMMUNITY COLLEGE CAMPUS POLICE (SWCCP) AND THE CITY OF CHULA VISTA POLICE DEPARTMENT FOR DOCUMENTING, INVESTIGATING AND REPORTING OF CRIME RELATED INCIDENTS ON SOUTHWESTERN COMMUNITY COLLEGE DISTRICT PROPERTY, AND AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH SOUTHWESTERN COLLEGE CAMPUS POLICE WHEREAS, for been responsible for properties; and many years, Southwestern College Police have security on campus and related district WHEREAS, as of July 1, 1997, Southwestern College Campus Police received certification as sworn peace officers pursuant to s830.32(a) of the California Penal Code; and WHEREAS, this resolution authorizes and appoints peace officer status for Southwestern College Campus Police; and WHEREAS, the current change in status affords the Chula Vista Police Department an opportunity to enhance and expand the existing partnership with SWCCP; and WHEREAS, by instituting a formal Memorandum of Understanding, SWCCP and the Chula Vista Police Department accept an agreed upon process for responding and documenting law enforcement action occurring on college district property. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a partnership between Southwestern Community College Campus Police and the City of Chula Vista Police Department for documenting, investigating and reporting of crime related incidents on Southwestern Community College District Property and authorizing the Chief of Police to enter into a Memorandum of Understanding, attached hereto as Exhibit "A", with Southwestern College Campus Police. Presented by Approved as to form by Richard P. Emerson, Chief of Police H,\home\lorraine\cdrive\rs\swccp.mou ?/;J ATTACHMENT A ~~~ ~ ~~~~ em OF CHUlA VISTA POLICE DEPARTMENT MEMORANDUM OF UNDERSTANDING It is the intent and purpose of this memorandum to set forth the total and complete understanding and agreement between the Chula Vista Police Department (CVPD) and the Southwestern Community College District (SWCCD) Campus Police. This Memorandum of Understanding specifically addresses crime reporting and law enforcement responsibilities with respect to crimes that occur on District property (located within the city limits of Chula Vista). This memorandum shall remain in effect indefinitely and ~s terminable at will by either party. SWCCD Campus Police will :t;espond to the following misdemeanor or infraction crlmes committed on campu~: vandalism, petty theft, auto burglary, disturbing the peace, non-domestic violence restraining orders, disorderly conduct, resisting arrest, trespassing, alcohol possession. and misdemeanor and infraction violations of the health and safety code. SWCCD Campus Police may write infraction citations on Southwestern Community College property. The Campus Police will conduct the investigation and make the arrest (if needed) for misdemeanor and infraction cases. They will complete the reports, detain the suspects and collect the evidence until the officers arrive. Once a Chula Vista officer responds to the campus, they will merely have to contact the suspect, pick up the report and evidence, and if necessary, transport the suspect for booking. Cold misdemeanor and infraction crimes, and those with no suspect in custody, will be documented by SWCCD. Those reports and related evidence will be held by SWCCD Campus Police and picked up on a daily basis by Chula Vista Police personnel. Because Campus Police do not carry firearms, they may occasionally require assistance from CVPD. The process for handling felony crimes will remain the same with the exception of auto burglary, which will be documented by campus police personnel. CVPD will maintain jurisdiction on all crimes as it sees fit. Felony crimes and high profile crimes will still be investigated by Chula Vista Police personnel. On those cases, campus police personnel will maintain the scene integrity until the beat units arrive. They will assist Chula Vista Police personnel, as needed, to complete the investigation. Records management will be the responsibility of CVPD. All case reports and evidence will be retained at CVPD. SWCCD personnel will contact the CVPD Communications Center to obtain case numbers for all crime reports documented by their personnel. 276 FOURTH AVENUE. CHULA VISTA' CALIFORN;A}1910 @ POII.CQo/\"'IM'R"y~I.4"'~' ?- 7 Authorized personnel with proper clearance from SWCCD Campus Police, will be able to obtain crime data information on crime activity through the CVPD Crime Analysis Unit, Information will be released on an as needed basis with verification of authorization being made by the Crime Analysis Unit Supervisor. A compelling need for such information must be satisfactorily demonstrated under California Penal Code Section 13300C for access by Peace Officers designated in P.C. 830.32a. The Southwestern Community College District agrees to defend, hold harmless and indemnify the City of Chula Vista, its officers, agents and employees against all actions, claims judgments, losses, damages, and liability, including, but not limited to, the payment of attorney's fees and costs, arising from the negligent or wrongful acts or omissions of the Southwestern Community College Distric~, its officers, agents or employees in the performance of th~s Memorandum of Understanding. The City of Chula Vista agrees to defend, hold harmless and indemnify the Southwestern Community College District, its officers, agents and employees against all actions, claims, judgments, losses, damages, and liability, including, but not limited to, the. payment of attorney's fees and costs arising from the negligent or wrongful acts or omissions of the City of Chula Vista, its officers, agents or employees in the performance of this Memorandum of Understanding. The procedures established in the Memorandum of Understanding may be evaluated and amended, in the future, on the mutual agreement of both agencies. Such amendment shall be in writing and signed by appropriate representatives of both parties. This agreement may be terminated upon written notice by either party. Seraf~n A. Zasueta, Ph.D Superintendent/President, SWCCD Date S~gned Richard P. Emerson Chief of Police Date Signed CITY OF CHULA VISTA /~5 COUNCIL AGENDA STATEMENT Item No. (f' Meeting Date 7/14/98 SUBMITTED BY: Resolution ) 9& 7/ Reciting the Fact of a General Municipal Election held on June 2, 1998, declaring the result, and such other matters as provided by law. Beverly A. Authelet, City Clerk fY44 ~ (4/5ths Vote: Yes_ No-K-) ITEM TITLE: At the June 2, 1998 General Municipal Election, Mayor Horton won by 71.82% over the other candidates; and Steve Padilla, candidate for Seat 2, won over the other candidate by 60.30%. Therefore, according to the Charter, a Runoff Election will not be required for these two positions. However, all candidates for Seat 1 received less than 50% of the votes cast. Therefore, a Runoff Election for Seat 1 will be necessary. RECOMMENDATION: It is recommended that the City Council declare the results of the general municipal election which was held on Tuesday, June 2, 1998 by approving the attached Resolution. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. BACKGROUND: A General Municipal Election was held in the City on Tuesday, June 2, 1998 for the positions of Mayor, Council Seat 1, and Council Seat 2. The Registrar of Voters has canvassed the ballots of the June 2nd election and has sent us the certified results indicating that the winners in that election were Shirley Horton as Mayor and Steve Padilla as Council Seat 2. FISCAL IMPACT: Payment for both the June 2nd election and the November 3rd election has been budgeted in the 1998-99 Budget. Although final cost of the June election has not been received from the Registrar of Voters, it is anticipated that the amount budgeted for both elections is sufficient. g---j RESOLUTION NO. It/!. 7/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF A GENERAL MUNICIPAL ELECTION HELD ON JUNE 2, 1998, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a general municipal election was called by Resolution No. 18863, held and conducted in the City of Chula Vista, California, on Tuesday, June 2, 1998, as required by law to elect a Mayor and members of the City Council for Seats 1 and 2; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted; that votes were cast, received, and canvassed; and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution 18863 adopted January 20, 1998, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are received and made a part hereof as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve, declare, determine, and order as follows: SECTION 1: That the number of ballots cast at the polls was 19,911 with 7,591 absent voter ballots for a grand total number of ballots cast in the City being 27,502; and SECTION 2: That the names of the Nominees for Seat 1 were: Patty Davis, Maria Perman, Alfred Salganick, and Richard Gonzales; and SECTION 3: That the names of the Nominees for Seat 2 were: Steve Padilla and Greg Sandoval: and SECTION 4: That the names of the Nominees for Mayor were: Shirley Horton, Carolyn Malcolm, Petra Barajas, Bob Piantedosi, and Everett Borha. SECTION 4: That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Seat 1 , Seat 2 and Mayor for which the persons were candidates are as listed in Exhibit A attached. SECTION 5: The City Council does hereby declare Steve Padilla as elected to Seat 2 and Shirley Horton as elected Mayor. Said candidates to be sworn into office at the first meeting of the City Council held in December 1998. SECTION 6: The City Council does also declare that Patty Davis and Alfred Salganick, neither of whom received 50 percent plus one, to face a runoff election scheduled for November 3, 1998. ?)' r :< 1---- Resolution * * * * * Page 2 SECTION 6: The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing the whole number of ballots cast in the City. Presented by Approved as to form by Beverly A. Authelet City Clerk v>] Exhibit A - >-0)- _ ~..c r;; ~~-o -= ~ tIO-- ..c ~ .S ~ -= S: -= WOO u u tl..O..c ~ 0) '" - >-._ r:; .!:l D':= - fl) .... ~ 2 ~ _ OJ r:; OJ (t\ 10... 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Page 9 Resolution * * * * * Page 10 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July, 1998, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. CITY OF CHULA VISTA I, Beverly A. Authelet. City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ..... was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of July, 1998. Executed this 14th day of July, 1998. Beverly A. Authelet, City Clerk (}//( CITY COUNCIL AGENDA STATEMENT ITEM 9 MEETING DATE: 7/14/98 SUBMITTED BY: /9/??e2 Resolution Adopting City Council Policy regarding Distribution of Am~itheater Tickets Dire;ctor of, Community D~lopmentC ) . Asslstant Clty Attorney~(3-- City Manager &I""~\'" "f' 4/Sths Vote: Yes_No--,,-- ITEM TITLE: APPROVED BY: BACKGROUND: On September 4, 1997 the City entered into a Sublease Agreement with Universal Concerts lIne. ("Uni versalll) . The Sublease set forth various terms and conditions for the development and operation of a 20,000 seat amphitheater on Otay Valley Road in Chula Vista. In Section 11.3 of the Sublease Universal agrees to give the City twenty-four (24) tickets to each event promoted by Universal at the amphitheater. Twelve of the tickets provide access to a twelve~ seat llCity box". The other twelve tickets provide access to ttprimel1 seats in the best third of the fixed seating area. The City retains the right to determine how, and for what purposes, it will distribute its free tickets. This report presents you with staff's proposal for how this can be accomplished. Staff's proposal (outlined in more detail below) would require that the tickets be used to promote the interests of the City, to reward exceptional City employees, and community leaders, and/or to support local non-profit organizations. The City Manager would be responsible for the specific manner in which the tickets would be distributed and be granted the authority to develop implementing rules and procedures, in order to ensure a fair and orderly distribution process. RECOMMENDATION: Adopt proposed City Council Policy No. 161-01 for the distribution of amphitheater tickets by the City Manager in the form presented. BOARDS AND COMMISSIONS: Not applicable. DISCUSSION: The Sublease Provision Grantinq the City Tickets. Section 11.3 of the Sublease between the City (as Sublandlord) and Universal (as Subtenant) provides as follows: 11.3 Event Seatinq. Sublandlord shall provide Subtenant with (a) a twel ve- seat box, plus (b) an additional twelve seats, to each event promoted and presented at the amphitheater facility by Subtenant, free of charge. Subtenant shall have the right to determine, and from time to time to change, the precise location of such box and seats, but agrees that the additional twelve seats shall be at least in pairs and in the best third of the fixed seating area. None of the tickets provided to Sublandlord pursuant to this paragraph may be resold. 9// Meeting Date: Item No. 7/14/98 Page 2 The City retained the right to determine how, and for what purposes, distribute its free tickets. it would Staff's Proposed Policy. Staff proposes the following approach to ticket distribution. (A complete version of the proposed City Council Policy is attached as Exhibit A) . The City's amphitheater tickets shall be distributed by the City Manager to individuals or organizations for one or more of the following purposes; 1. to promote the City of Chula Vista as a good place to live, work, do business and recreate. 2. to recognize exceptional City employees and community leaders for their contributions to the well-being of the City. 3. to support local, and locally active, non-profit organizations, and their programs, which are dedicated to charitable, educational, cultural, and social service activities. The City Manager may, from time to time, develop more specific policies and procedures for the distribution of tickets in accordance with the ter.ms of this policy. Staff believes that its proposed policy is well designed to serve a wide range of City interests with maximum flexibility. Different concerts are likely to engender different opportunities to promote City interests. By not specifying a ncredentialed" group of ticket beneficiaries, flexibility in responding to varying demands and opportunities is retained. In developing this policy City staff considered a variety of options. Options considered include (1) identifying specific leaders or groups as permanent n credential holders n to all amphitheater events i and (2) the creation of a special committee or board to oversee distribution of the tickets. Each of these approaches are legitimate alternatives to the approach proposed by staff. (In fact, both of these concepts are incorporated into the City of San Diego ticket distribution policy for Qualcomm Stadium.) These options were not adopted into staff's approach because of the rigidity (and potential controversy) that might result from the creation of a permanent llcredentialed class" and what staff perceived as the addition of an unnecessary layer of bureaucracy to the process. Leqal Issues. Tickets that may be distributed through the proposed policy to City officials should not be characterized as "income or gifts II under applicable California Fair Political Practices Commission ("FPPC") regulations. As a result, receipt of such tickets by public officials need not be disclosed on FPPC Statements of Economic Interests, and need not give rise to legal disqualifications on amphi theater issues. Please note, however I that City Council approval of an official policy for the distribution of the tickets is necessary in order to perfect the applicable FPPC exemptions of the tickets from gift or income characterization. FISCAL IMPACT: No additional staffing is necessary to implement this policy. H: \home\attOl::ney\ticket, J::ep 9--"< RESOLUTION NO. / 9cJ 7.< RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CITY COUNCIL POLICY REGARDING DISTRIBUTION OF AMPHITHEATER TICKETS WHEREAS, on September 4, 1997 the City entered into a Sublease Agreement with Universal Concerts, Inc. ("Uni versal") which sets forth various terms and conditions for the development and operation of a 20,000 seat amphitheater on Otay Valley Road in Chula Vista; and WHEREAS, in Section 11.3 of the Sublease, Universal agrees to give the City twenty-four (24) tickets to each event promoted by Universal at the amphitheater with twelve of the tickets providing access to a twelve-seat "City box" and the other twelve tickets providing access to "prime" seats in the best third of the fixed seating area; and WHEREAS, the City retains the right to determine how, and for what purposes, it will distribute its free tickets; and WHEREAS, staff proposes that the tickets be used to promote the interests of the City, to reward exceptional City employees, and community leaders, and/or to support local non- profit organizations; and WHEREAS, the City Manager would be responsible for the specific manner in which the tickets would be distributed and be granted the authority to develop implementing rules and procedures, in order to ensure a fair and orderly distribution process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt a City Council Policy regarding the Distribution of Amphitheater Tickets in the form attached hereto as Exhibit "A". Presented by Approved as to form by @L~~ Chris Salomone, Director of Community Development H:\home\lorraine\cdrive\rs\ticket.pol 9/3 COUNCIL POLICY CITY OF CHULA VISTA DISTRIBUTION OF AMPHITHEATER TICKETS POLICY NUMBER 161-01 EFFECTIVE DATE 07-14-98 PAGE 1 of 1 SUBJECT: ADOPTED BY: Resolution No. I DATED: July 14, 1998 BACKGROUND On September 4, 1997 the City of Chula Vista ("City"), as "Sublandlord", entered into a Snblease Agreement with Universal Concerts, Inc. ("Universal"), as "Subtenant". The Sublease contains various terms and conditions for the development and operation of a 20,000 seat amphitheater on Otay Valley Road in the City of Chula Vista. Section 11.3 of the Sublease provides as follows: 11.3 Event Seating. Sublandlord shall provide Subtenant with (a) a twelve-seat box, plus (b) an additional twelve seats, to each event promoted and presented at the amphitheater facility by Subtenant, free of charge. Subtenant shall have the right to determine, and from time to time to change, the precise location of such box and seats, but agrees that the additional twelve seats shall be at least in pairs and in the best third of the fixed seating area. None of the tickets provided to Sublandlord pursuant to this paragraph may be resold. The purpose of this policy is to set forth the procedures by which the 24 tickets provided by Universal to the City shall be received and distributed by the City. POLICY Pursuant to the terms of the Sublease between the City and Universal, Universal shall give to the City (a) tickets providing access to a twelve-seat box ("City Box Tickets"), and (b) tickets for an additional twelve seats, at least in pairs, in the best third of the fixed seating area ("Additional Tickets"). The tickets shall be provided for each event promoted and presented at the amphitheater facility by Universal. The tickets shall be distributed by the City Manager to individuals or organizations for one or more of the following purposes: 1. to promote the City of Chula Vista as a good place to live, work, do business and recreate. 2. to recognize exceptional City employees and community leaders for their contributions to the well-being of the City. 3. to support local, and locally active, non-profit organizations, and their programs, which are dedicated to charitable, educational, cultural, and social service activities. The City Manager may, from time to time, develop more specific policies and procedures for the distribution of tickets in accordance with the terms of this policy. 9/Y COUNCIL AGENDA,STATEMENT Item / C ITEM TITLE: Meeting Date 7/14/98 Resolution /1 p {' ~prOVing agreements between the City of Chula Vista and various community promotions groups for expenditure of City funds Agreement with Miss Chula Vista Pageant Agreement with Gretchen Evans (Library Concerts) Agreement with U. N. Day Committee Agreement with Bonitafest SUBMITTED BY: City Manager ~ otv' 4/5 Vote: Yes_ NoX The 1998-99 budget includes the funding of various community promotions organizations. The Council considered requests from these groups and, as part of the adoption of the budget on June 23, 1998, the following amounts for funding were approved: . . . . Miss Chula Vista Pageant Gretchen Evans Library Concerts U. N. Day Committee Bonitafest $2,000 $1,650 $ 350 $2,410 Agreements have been prepared between the City and each of these agencies setting out the terms and conditions for receiving City funding. RECOMMENDATION: Adopt resolution approving agreements with community promotions organizations for the expenditure of funds. BOARDS/COMMISSIONS RECOMMENDATION: N.A. DISCUSSION: As discussed in the budget, the City Council has always been very supportive of community promotions activities and funding has remained fairly constant over the years. The amounts approved for FY 1998-99 are the same as in the 1997-98 budget. In order for the organizations to receive their funding, the attached agreements need to be executed. FISCAL IMPACT: Funding in the amounts shown above is included in the 1998-99 Community Promotions activity to support the above events. /tP-/ RESOLUTION NO. /9C?3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY PROMOTIONS GROUPS FOR EXPENDITURE OF CITY FUNDS WHEREAS, the 1998-99 budget includes funding of various Community Promotions organizations; and WHEREAS, the Council considered requests from these groups during the budget sessions and approved funding in the following amounts: . . . . Miss Chula Vista Pageant Gretchen Evans Library Concerts U. N. Day Committee Bonitafest $2,000 $1,650 $ 350 $2,410 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve agreements in a form approved by the City Attorney between the City of Chula Vista and Miss Chula Vista Pageant, Gretchen Evans Library Concerts, U. N. Day Committee and Bonitafest Committee, 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 execute said Agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by c: \rs\comproms David D. Rowlands, Jr. City Manager Jj/-~ AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE MISS CHULA VISTA PAGEANT IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into the day of , 1998 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the MISS CHULA VISTA PAGEANT; .\il.IN~~~~IH..;. WHEREAS, the City Council of the City of Chula Vista has determined that the function of the Miss Chula Vista Pageant serves a valid public purpose, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the Miss Chula Vista Pageant through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The Miss Chula Vista Pageant agrees to sponsor the "Miss Chula Vista" Contest. 2. City agrees to contribute $2,000 toward the cost of sponsoring the event. 3. The Miss Chula Vista Pageant agree to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the "Miss Chula Vista" Contest in fiscal year 98-99. 4. The Miss Chula Vista Pageant agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $2,000 for fiscal year 98-99. JtJ.'5 1 . y , 5. That the Council of the City of Chula Vista at its discretion may require the Miss Chula Vista Pageant to provide or allow the City to undertake a complete financial audit of their records. 6. That the term of this agreement shall be for a period of one (1) year, from 7-1-98 through 6-30-99, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA MISS CHULA VISTA PAGEANT Mayor of the City of Chula Vista 7~Y: ~ Cha~rman ATTEST City Clerk Approved as to form by City Attorney C:\ag\miss.cv 2 /tJ---i Il. AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF GRETCHEN EVANS LIBRARY CONCERTS IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into the of 1998, by and between THE CITY OF CHULA municipal corporation, hereinafter referred to as "City" GRETCHEN EVANS LIBRARY CONCERTS, hereinafter referred to "Gretchen Evans"; day VISTA, a and as NIINgjijigI!:L-,- WHEREAS, the City Council of the City of Chula Vista has determined that the function of the Gretchen Evans Library Concerts serves a valid public purpose, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the Gretchen Evans Library Concerts through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made of any appropriation awarded said organization unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. Gretchen Evans agrees to provide a total of six library concerts, three in the fall and three in the spring of a type and caliber which meet with the advance approval of the City Manager or his designee. For these six concerts, the City will appropriate and expend $1,650.00 for same during the 1998-99 fiscal year. 2. Gretchen Evans agrees to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the library concerts. 3. Gretchen Evans agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $1,650 for fiscal year 1998-99. 4. That the Council of the City of Chula Vista, at its discretion, may require Gretchen Evans to provide or allow the City to undertake a complete financial audit of her records. 1 ---- Ie:; ;'~ ~ 5. That the term of this agreement shall be for a period of one (1) year, from 7-1-98 through 6-30-99, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA GRETCHEN EVANS LIBRARY CONCERTS ~~ h~ h--- Gr chen Evans Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney C:\ag\GrtEvans 2 /tJ,~ AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE UNITED NATIONS DAY COMMITTEE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this day of , 1998 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the UNITED NATIONS DAY COMMITTEE, hereinafter referred to as II Committee II i Nl.INg22gIH..;.. WHEREAS, the City Council of the City of Chula Vista has determined that the designation of a United Nations Day Committee serves a valid public purpose, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the United Nations Day Committee through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organizations unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The United Nations Day Committee agrees to promote friendly relations between all members of different nations who come to Chula Vista, in exchange for which City will pay $350. 2. That the United Nations Day Committee agrees to expend City appropriated funds to meet bona fide obligations incurred in performing services related to the United Nations Day Program, not to exceed $350 for fiscal year 98-99. 3. The Committee agrees to submit, on a yearly basis, a complete report of all expenditures and shall specifically list the purposes furthered by the City appropriated funds of $350 for fiscal year 98-99. 1 It?~ ? 4. That the Council of the City of Chula Vista at its discretion may require the United Nations Day Committee to provide or allow the City to undertake a complete financial audit of their records. 5. That the term of this agreement shall be for a period of one (1) year, from 7-1-98 through 6-30-99, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA UNITED NATIONS DAY COMMITTEE Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by City Attorney c:\ag\UNdayCom 2 #/~ AGREEMENT SETTING OUT THE TERMS AND OBLIGATIONS OF THE BONITAFEST COMMITTEE IN REGARD TO THE EXPENDITURE OF CITY FUNDS APPROPRIATED THIS AGREEMENT, made and entered into this day of , 1998 by and between the CITY OF CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the BONITAFEST COMMITTEE, hereinafter referred to as "Bonitafest"; l11I!L~.~~EIH1. WHEREAS, the City Council of the City of Chula Vista has determined that support of the Bonitafest serves a valid public purpose, and WHEREAS, the City Council of the City of Chula Vista desires to encourage the beneficial aims of the Bonitafest Committee through appropriation of reasonable amounts of City funds, and WHEREAS, the City Council has established a policy for consideration of requests for funding by private organizations and individuals, and WHEREAS, such policy stipulates that no expenditure may be made out of any appropriation awarded said organizations unless an agreement has been reached between the parties setting out the terms and conditions for the expenditure of such funds. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. In the event the Bonitafest Committee conducts the annual Bonitafest Festival, the City will provide $2,410 in police and transit services to the Festival without charge and the City will waive the special event business license tax for this event. 2. That the Council of the City of Chula Vista at its discretion may require the Bonitafest Committee to provide or allow the City to undertake a complete financial audit of their records. 3. That the term of this agreement shall be for a period of one (1) year, from 7-1-98 through 6-30-99, unless further modified to include other permitted expenditures of funds that are appropriated by the City Council. 1 JiJ/ ~ IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA BONITAFEST COMMITTEE Mayor of the City of Chula Vista -J,cJ /L-/',) cL ~ Chairman ATTEST City Clerk Approved as to form by City Attorney C:\AG\BONTAFST 2 JO r If) COUNCIL AGENDA STATEMENT ITEM TITLE: ! tfCl 7;/ Resolution Approving a Resolution of Intention to Consider Granting a Waste Management Franchise Renewal to the Year 2002 and Setting a Public Hearing to Consider Same for August 4, 1998 Item / / Meeting Date 7/14/98 SUBMITTED BY: Deputy City Manager ~ Conservation Coordinator- REVIEWED BY: City Manager&' (? [01 Dr-- (4/5ths Vote: Yes_NoX) This item discusses the extension of the existing Solid Waste Franchise and the terms thereof with Laidlaw/Pacific Waste Services. A public hearing for placing the ordinance on first reading is proposed to be scheduled for August 4, 1998. No discussion of the item is necessary at this time. By way of introduction, the City Council conditionally approved the assignment of the solid waste franchise from Laidlaw to Allied in June, 1997 (following Allied's purchase of Laidlaw in December,1996). Staff and Laidlaw were directed by Council to discuss various financial, service and operational issues prior to consideration of any franchise extension. Council only authorized extension of the Franchise on a month to month basis (from the renewal date of September 4, 1997) pending this item being brought back for consideration. The Council also requested information on Laidlaw's rate of return on their Chula Vista operation. Attachment 2 is a memo from the Director of Finance summarizing the review process completed, and the conclusion that Laidlaw has earned a rate of return that appears reasonable as compared to industry averages. RECOMMENDATION: That Council approve the Resolution and set a public hearing for August 4, 1998. 1 /J-/ BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable BACKGROUND: The current Waste Management Franchise with Allied has a term of five (5) years from September 4. 1987. with two five (5) year renewal options if the Grantee is not in breach of the ordinance and has performed in a manner found satisfactory to the City. The first extension was approved in 1992. Prior to the expiration of the first extension. staff determined that satisfactory performance could be maintained if certain conditions and performance standards could be worked out via negotiations with the franchisee. In August. 1997. Council approved the month-to-month extension of the Franchise until negotiations could be concluded. In September. 1997. staff had a number of negotiating sessions with Pacific Waste Services (PWS. formerly Laidlaw). In October. 1997. PWS submitted historic information regarding the rate of return issue. responded to a number of staff questions. and indicated that they had engaged Arthur Anderson. LLP to perform the necessary audit work to complete the work requested by the City. In November. 1997. the audit work was completed. On December 8. 1997. staff submitted a comprehensive proposal to PWS covering a number of areas. By March 1. 1998. negotiations between staff and PWS were successfully concluded as to the business terms of the Franchise extension. Since that time. the respective attorneys have been crafting new revised Franchise language which will implement the terms as well as clean up antiquated language and provisions of the current Franchise ordinance. DISCUSSION: Obiectives The proposal accomplishes the following objectives: 1 . Incorporates what staff envisions as appropriate service levels and performance to address past inadequate performance issues by Laidlaw. 2 /)-2 2. Establishes a format for communication that will eliminate future ambiguity, while offering PWS financial incentives to provide quality service at a reasonable cost. 3. Establishes measurable standards that will assure that the level and quality of service is sustained for the remaining term of the franchise agreement. ScoDe of ProDosal The staff proposal covered four areas: financial, programs and operations, enforcement issues, and strict compliance with the existing franchise ordinance. A. Financial Points The major financial points agreed to include the following: 1 . Freezing Residential and Commercial/Industrial rates at their current level until July, 1999. (Note: Chula Vista rates will not be affected by any rate increases imposed by Allied/Pacific Waste Services at the Otay Landfill). 2. Beginning in July, 1999, PWS would be entitled to automatically increase rates for the remainder of the franchise term only at a level equal to 50% of the yearly Consumer Price Index increase for San Diego. 3. Chula Vista would have a "most favored nation's" clause; that is, our ratepayers would be guaranteed the lowest rates that Allied/PWS or any of their partners or affiliates might offer for any new franchise entered into with any city in San Diego County for the remaining term of our franchise. 4. City crews and city contractors (with written city approval) on City business shall not be charged tipping fees for mixed waste at the Otay Landfill. 5. Recycling and revenue sharing incentives are offered PWS in partnership with the city based on increases in landfill tonnage diverted. A sliding scale has been developed with PWS being able to recapture additional revenue as they are able to make recycling more successful. This will move Chula Vista closer to meeting the AB939 mandate of 50% 3 //-3 recycling by the year 2000 without the need for rate increases to businesses or residents. B. Program and Operational Adjustments The operational and service improvements include some 35 individual negotiated items. These involve various performance items such as collecting all non-hazardous waste and recycling set at the curb on the first pass, checking in with the City by 3:30 p.m. and resolving all collection issues as soon as possible but no later than 6 p.m. the next business day. Other provision examples include color coding all trash, recycling and green waste containers within certain time frames, removing all graffiti from equipment within 60 days of this agreement and within two weeks thereafter, and adding Christmas tree recycling and bulky pick-up to multi-family complexes at no charge. Businesses are also getting reduced cardboard rates and free rigid container service. (see Attachment I for a complete listing of the operational improvement suggestions). The agreement also includes a number of meet and confer items within set time frames including the following: implementing recycling program incentives for single can users, implementing green waste recycling program incentives for all commercial waste generators and developing and improving long term markets for local manufactures of recovered materials. Finally, there are a number of new and improved public education endeavors to be undertaken such as annually revising the brochure for new trash customers and continuing to provide priority for quarterly and other city inserts in billing statements. C. Enforcement A number of key points relate to new enforcement mechanisms. If meaningful performance measures are to be set and implemented, there needs to be a tracking system of compliance and some consequences for repeated non- compliance. For these reasons, staff has designated what constitutes acceptable performance and what the penalties will be if they are not met. A liquidated damages system has been established with maximum damage penalty amounts from $25-$500 depending upon the severity of the non-compliance. Another enforcement/education proposal is for PWS to fund two part time recycling ranger to assist in compliance issues as well alii to help respond to problems and work on public education. 4 jl'f D. Strict Compliance With Existing Ordinances Staff has re-emphasized a number of franchise issues. One item is the age of the fleet vehicles. The requirement agreed to is that the average age of all the regularly assigned collection vehicles shall not be more than four (4) years old. A second item is that PWS complete all routes by 6 p.m. each day. FISCAL IMPACT: There will be no net impact to the General Fund as a result of Council's approval of staff's recommendation. The proposal will stabilize rates for City residents and businesses and protect them against any future tipping fee increases at the landfill. The proposal, however, does allow, beginning in July 1999, for a 50% pass-through of the annual CPI increase. As an example, if the annual CPI increase was 2.7%, the average rates would increase as follows in the first year: residential, $13.20 to $13.37 and commercial, $76.80 to $77.84. Residents are also protected against other jurisdictions being offered lower landfill rates in the future. In addition, savings may accrue to the City based upon revenue sharing incentives for recycling and avoided disposal costs by virtue of City crews no longer having to pay tip fees for disposal of mixed waste at the Otay Landfill. Finally, the program adjustments will help control recycling costs, help the City meet state recycling mandates, and help better fund programs, public education and enforcement. 5 //-5 RESOLUTION NO. /9JJ 71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO THE YEAR 2002 AND SETTING A PUBLIC HEARING TO CONSIDER SAME FOR AUGUST 4, 1998 WHEREAS, the City Council conditionally approved the assignment of the Solid Waste Franchise from Laidlaw to Allied in June, 1997 (following Allied's purchase of Laidlaw in December, 1996; and WHEREAS, staff and Laidlaw were directed by Council to discuss various financial, service and operational issues prior to consideration of any franchise extension; and WHEREAS, Council authorized extension of the Franchise on a month to month basis (from the renewal date of September 4, 1997) pending this item being brought back for consideration; and WHEREAS, staff has negotiated to the terms and conditions for the renewal of the franchise and has presented them to the City Council for its consideration; and WHEREAS, in accordance with Section 1201 of the City Charter, the City Council shall adopt a resolution declaring its intention to grant a franchise and shall schedule a public hearing for the consideration of such grant. City of 1998 at Vista, renewal NOW, THEREFORE, BE IT RESOLVED the City Council of the Chula Vista does hereby set a public hearing for August 4, 4:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Ca. to consider granting a Waste Management Franchise to Pacific Waste Services to the year 2002. Presented by Approved as to form by George Krempl, Deputy City Manager - H:\home\lorraine\cdrive\rs\pacific.int JJ~~ (Attachment I) Proposed Business Points Item Item Description A) FINANCIAL: 11 Current Maximum Rates Charged to Small Generators (Residential) and Large Generators (Commercial/Industrial) Shall be Frozen until June 30,1999. Beginning July 1,1999, Maximum Rates Shall Automatically Increase Each Year by a Percentage Equal to 50% of the Most Recently Published Twelve Month CPI (All Urban Consumers, San Diego). Pacific, Allied May Appeal to Council for Adjustments for Extraordinary Circumstances Beyond Their Control, which the City Will Consider at its Discretion. 2 If During the Term of This Agreement Allied/Pacific, Offers, Residential, Commercial or Industrial (Roll-Off/Compactor) Service Rates in Any Future Allied/Pacific Franchise, in the Commercial Component of Any Current Franchise or in Conjunction with Any Partner or Affiliate Franchise in San Diego County, That Are Lower Than The City's, The Corresponding City Rate(s) Shall Be Lowered To That Amount. (Any Comparison Shall Be Made On the Rates Charged Excluding All City Imposed Fees.) 32 Allied/Pacific Shall Retain All Net Commodity Scrap Tonnage Revenue Generated, Based on Six Month Average Recycling Revenue, Up to $60 per Ton, Regardless of Tonnage Diverted. Above $60 Per Ton, For Commodities Generating Revenue, Revenues Shall be Shared With the City 60/40 Unless the Tonnage Diverted Exceeds Certain Thresholds. Incremental Revenue Increases Shall be Distributed as Follows: If Greater Than 25,000 Annual Tons Are Diverted, City Share of the Incremental Increase in Revenues will Decrease to 55%. If Greater than 35,000 Annual Tons are Diverted, City's Share ofIncremental Revenues Will Decrease to 45%. Split will be 35/55 Above 45,000 Tons and 30/70 Above 55,000 Tons. Pacific retains all revenue up to $60 per ton. 4 City Crews and City Contractors (With Written City Approval) on City Business ShaW Not Be Charged Tipping Fees For Mixed Waste At The Otay/Allied Landfill. 5 Allied/Pacific Will Re-designate the City of Chula Vista as "State Curbside Operator" With the Department of Conservation, Division of Recycling, for the Purposes of All California Redemption Value (CRY) Materials Collected in Chula Vista by Allied Within 30 Days And Deliver Annual CRV Bonus Payments (Pursuant to PRC 14549.6 (a)), and All Revenue from New Advanced Disposal Fees or Incentive Fees Developed in the Future, Excluding Only the Current 2.5 Cents Per 24 Ounce and Under and 5 Cents per 32 Ounce and Over Carbonated Non-Juice Beverage Containers Listed as CRV. (Funds Accrued to the City Shall be Used to Support Recycling Public Education, Printing, Promotion and Incentive Programs). City of Chula Vista/ Pacific Waste Services Business Points Summary Residential yard waste rates currently include clean yard waste tonnage delivered to ORW by City crews and sub-contractors. City Crews or their sub-contractors shall continue to be allowed to take clean greens to ORW at no additional charge to the City. 2 "Net" revenue is defined as the market value Pacificl Allied receives for commodities less sub-contractor costs for processing. //- ? Page 1 6 Industrial/Roll-Off and All Other Maximum Current Service Rates or Charges That Have Not Been Approved by Council Shall Be Submitted for Approval Immediately. 7 Upon Approval, All Miscellaneous Residential, Commercial and Industrial Rates or Charges Shall be Fixed for Remaining Franchise Term (Residential, Commercial and Industrial Refuse Collection Rates Including Roll-Off/Compactor Rates are not Considered Miscellaneous and Are Subject to CPI Adjustment as Outlined in Item I.) B) PROGRAM & OPERATIONAL ADJUSTMENTS: General Manal!:ement I Maintain Local Operational Manager, Office and Fleet Service Yard in Chula Vista 2 Collect All Non-Hazardous Waste & Recyclables Set at the Curb on First Pass 3 Check in With City by Fax or Telephone at 3 :30 p.m. To Resolve All Collection Issues ASAP But No Later Than 6 p.m. Next Business Day. 4 No Limit on Non-Hazardous Bulky Pick-Up (Threshold to be Established by City with Optional Charge Above Threshold). 5 Provide Standard Litter Bin, Cover & Signage Approved by City, at Requested Locations Within 96 Hours, Route and Collect Litter Containers on a Weekly Basis or Bi-Weekly Basis with Commercial or Residential Waste. 6 Place Due Date on All Invoices in a Location that Reduces Confusion For Rate Payers (Make Good Faith Effort to Place it Near Amount Due & Use Local Mail House). Record & Reportinl!: Issues I Submit Completed Monthly Reports to City Conservation Coordinator on or Before 22ncl of Each Month for Previous Month. 2 Submit Complete Annual Report to City by February 16, for Prior Calendar Year. 3 Add List of All Business Accounts by Service, Type, Volume & Service Frequency to Quarterly & Annual Reports and Meet & Confer to Adopt Report Formats and Establish Content Within 90 Days of Agreement. Eauipment Vehicle Issues: I Meet & Confer Prior to Vehicle Purchase, Change in Color, Signage or Collection. 2 Future Container, Color, City Logo, Logo Sizes, Text & Design to Be Approved by City. 3 Color Code All Trash Recycling and Yard Waste Containers ASAP But No Later than 3 Years, (Trash -Blue, Yard Waste -Green, Recycling-PMS-208/Commercial-White) 4 At City's Discretion, At the End of the Agreement Allied/Pacific Shall Relinquish Ownership ofChula Vista Refuse, Yard Waste, Recycling and Litter, Carts, Bins and or Containers Excluding Metal Containers of One Yard Capacity or Greater. The City Shall Pay 20% of Original Wholesale Cost of Operable Containers Relinquished to the City that are 5 Years or Less in Age If Allied/Pacific is Not Service Provider after September 4, 2002. 5 Supervisor to Field Inspect All Vehicles Monthly for Litter, Leachate Etc. //-~ Page 2 6 Remove Graffiti From All Equipment Within 60 Days Of Agreement And All Future Graffiti Within Two Weeks. Residential 1 Tag All Inappropriate Residential Set Outs and Report Tagging by Program and Problem 2 Tal!, Collect (as Trash if Necessary) and Report All Inappropriate Yard Waste Set Outs on First Pass and Report Monthly 3 Establish Protocol & Limits for Improper Set-Out Fines, First Time & Multiple Offenders 4 Implement Construction Demolition Recommendations 5 Convert Senior Bag Service to Single Can Program with Bi-Monthly Billing within 180 Days of Agreement 6 Meet & Confer to Implement Recycling Program Incentive for Single Can Users Within 180 Days of Agreement Commercial 1 Add Christmas Tree Recycling to Multi-Family at No Charge . 2 Add Bulky Pick-up to Multi-Family at No Charge 3 All Current Multi-Family Complexes Of9 Units Or Less (167 Complexes, 1,113 Units) Shall Be Converted To Curbside Recycling Rates And Service. All Future Complexes of 9 units or Less Shall Be Established As Curbside Recycling Service. 4 Pacific Will Provide Free Mixed Paper Bins And Service Adequate to Divert Up to 90% of Fiber Generated at Multi-family Complexes Listed And Will Provide Additional Free Bins And Service At Multi-Family Locations Where Staff Can Obtain Agreement From Property Managers, Pacific to Provide List of 125 Complexes Where Program Will Start. 5 The Multi-Family Program Shall Be Subject To A Six Month Cancellation In The Event Pacific Fails To Achieve The Minimum Performance Standards. 6 Add Billing Confirmation Fax/Hotline for Property Managers/Owners 7 Effective Immediately Upon Council Approval, Current Corrugated Cardboard And Mixed Paper Service Charges Of $35 Per Month Per Pick Up Shall Be Reduced To $25 Per Monthly Per Pick-Up. The New Rate Applies To Once A Week Collection Of Any 3 to 8 Yard Bin. Pacific Staff Will Handle The Adjustment For Current Customers On A Case By Case Basis. Pacific Sales And Customer Service Staff, And City Recycling Staff Will Also Promote The New $25 Rate To New Potential Customers. 8 Provide Free Rigid Container Drop-Off at Current and Future Convenient Zones in City 9 Provide Rigid Container Cart Service for Hospitality and Retail Businesses Under 5,000 Square Feet Selling Beverages at No Charge 10 Provide Rigid Container Bin Service for Hospitality and Retail Businesses of 5,000 Square Feet or Greater Selling Beverages at No Charge 11 Meet and Confer to Implement a Green Waste Recycling Incentive Program for All Commercial Green Waste Generators Within 90 Days of Agreement //- 9 Page 3 Public Education I Pacific Waste Services Will Transition to a Live Customer Service Response During Business Hours 8 a.m.-6:30 p.m. Within ,1, Months. The Average Wait Time Prior To Reaching the Appropriate Customer Service Representative During Business Hours Will Not Exceed 90 Seconds For Any Standard Calendar Week. 2 After Business Hours, Customer Service Calls Will Be Taken by Recording and a Good Faith Effort to Contact the Customer Will be Made by Noon the Next Business Day 3 Provide the City One Week to Review & Approve Public Information Before Distribution 4 Annually Revise Brochure for New Trash Customers for Each Component; Commercial, Multi-Family, Industrial (Roll-Off & Compactor) and Residential Trash Service (Comparable to "Wastelines"), Generate & Distribute to New Customers 5 Continue to Provide Priority for Quarterly and Other City Inserts in Billing Statements C) ENFORCEMENT: Enforcement Summary; Attached; List of Penalties for Failure to Meet Quality/Performance Guidelines: D) STRICTLY COMPLY WITH EXISTING ORDINANCES I Initially and Throughout the Remaining Franchise Term, the Average Age of All Regularly Assigned Collection Vehicles Must Not be More than (4) Years 2 Complete All Routes by 6 p.m. (Emergency Exceptions Limited to Natural Disasters) 3 In Lieu of Current Requirements to Provide Public Education Staffing for Recvcling and Waste Programs Pacific Waste Services Will Fund Recycling Ranger and Recycling Education Staff Persons at a total cost of $44,000 per year City Agrees to Meet and Confer on Job Description 4 City Reserves the Right to Require Grantee to Collect Additional Fees Such as But Not Limited to a Household Toxic Fee From Rate Payers, and Deliver Said Fees to City With Franchise and AB 939 Fees Under the Conditions Established for Those Fees. 5 Pacific/Allied Agrees to Meet and Confer With the City to Direct Recovered Material Futures to Local Manufacturers Developing or Improving Long Term Markets at a Comparable or Greater Net Value. 6 Enforcement of the Industrial Roll/Off Franchise 7 Enforcement of Current Municipal Code Requiring Participation in the Solid Waste and franchise Services or a Landfill Receipt. //-/C Page 4 ATTACHMENT 2 INTERDEPARTMENTAL CORRESPONDENCE FROM: January 19, 1998 George Krempl, Deputy City Manager Robert W. Powell, Director of Finance(~ Laidlaw (Pacific) Franchise Rate of Return DATE: TO: SUBJECT: For several years now the council has requested from Laidlaw information regarding the rate of return earned on their franchise operations in the City of Chula Vista. Laidlaw has responded in several different fashions with information found unacceptable for various reasons, initially due to their assertion of confidentiality and more recently due to their inability or unwillingness to clearly separate out the Chula vista operations from their other operations in this region. . Staff and Laidlaw recently arrived at a mutually acceptable process for providing a reasonable response to the longstanding Council request. Laidlaw contracted with an independent C. P .A. firm to audit the assets, revenues, and expenditures related to the Chula Vista franchise contract for their 1995 and 1996 fiscal years, and to verify the mathematical accuracy of the' calculation of the return on assets ratio based on that audited data for those same years, The "Agreed Upon Procedures Report," as it is referred to by the accounting firm of Arthur Anderson, LLP, shows that Laidlaw's return on assets for the Chula vista franchise was 7.7% for fiscal year 1995 and 10.1% for fiscal year 1996. As a further step, staff obtained industry data from the firm of Hilton, Farnkopf & Hobson, LLC, which reflected that the industry means for those same years were 8.5% and 6.6% respectively. As additional information, the lowest performing 25% of the companies surveyed showed a return on assets of 2.3% in fiscal year 1995 and 1.7% in fiscal year 1996, while the highest performing 25% of the companies surveyed showed a return on assets of 18.6% and 14.7% respectively for fiscal years 1995 and 1996. Based on the information obtained, it can be concluded that Laidlaw earned a return slightly less than the industry average in 1995, but earned a return somewhat more than the average, but still less than the highest performing 25% of the companies in their industry for 1996. Therefore, it appears that Laidlaw is not earning an unreasonable return on their Chula Vista franchise. c: Michael Meacham II-II ARTHUR ANDERSEN Arthur Andersen LLP Suite 1000 One Renaissance Square Two North Central Phoenix AZ 85004 6022579234 INDEPENDENT PUBLIC ACCOUNTANTS' REPORT ON APPLYING AGREED-UPON PROCEDURES To Allied Waste Industries, Inc. and the Management of the City of ChuIa Vista: We have been requested to verify the mathematical accuracy of certain computations relating to the Chula Vista Contracts of the Chula Vista Division of Allied Waste Industries, Inc. (" Allied"). Accordingly, we have been provided with a letter dated October 23, 1997, from Allied defining the term "return on assets", pursuant to which our verification of the calculations of return on assets for fiscal 1995 and 1996 are to be made. Total contract assets and contract revenues less expenses were obtained from the "Chula Vista Contracts of the Chula Vista Division of Allied Waste Industries, Inc. Financial Summaries as of August 31,1995 and 1996, Together With Report of Independent Public Accountants", which have been audited by Arthur Andersen LLP. In addition, unaudited total contract assets were obtained for the Chula Vista Contracts of the Chula Vista Division of Allied Waste Industries, Inc. from Allied as of August 31, 1994. We have performed the procedures enumerated below, which were agreed to by the management of Allied Waste Industries, Inc. and the Management of the City of Chula Vista, solely to assist you with respect to verifying the mathematical accuracy of the above mentioned computation. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. We recomputed the computations of the return on assets (as defined by Allied) for the Chula Vista Contracts for the years ended August 31, 1995 and 1996, by dividing the contract revenues less pretax expenses by the average contract asset balances for the respective years, the results of which are as set forth in Exhibit A, and found them to be mathematically correct. //~/~ - 2- In performing the above calculations, we have relied solely on the data set forth in the second paragraph of this letter. We were not engaged to perform an audit of the "return on assets" calculation, the objective of which would be the expression of an opinion on Chu]a Vista Division's specified elements, accounts, or items thereof. Accordingly, we do not express such an opinion. Had we been engaged to perform additional procedures, other matters might have come to our attention that would have been reported to you. This letter is solely for the information of, and assistance to, the above-named addressees in connection with the analysis of the franchise agreement between the City of Chula Vista and Allied Waste Industries, Inc., and, without our prior consent, is not to be used, circulated, quoted or otherwise referred to within or without this group for any other purpose. Furthermore, this letter should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of those procedures for their purposes. {2~ f--Lf Phoenix, Arizona, October 27, 1997. // - / J EXHIBIT A CHULA VISTA CONTRACTS CHULA VISTA DIVISION OF ALLIED WASTE INDUSTRIES, INC. SCHEDULE OF RETURN ON ASSETS FOR THE YEARS ENDED AUGUST 31, 1995 AND 1996 1995 1996 RETURN ON ASSETS ("Contract revenues less pretax expenses" / average contract assets) 7.7% 10.1% //-/1 .... HILTO~ FAR!'KOPF & HOBSON. LLC t::II:IIJ AdVl!>O~. Servlc.es to I:;...~ Muni:l;-.al Management :2~1 Walnut Avenue, Suitt 280 Fremont, California 94538-2334 Telephone: 510/713-3270 Fax. ;]0/713.3294 \l."\\",..hfh-consultanrs..com Fremont Newpon Beach Sacramento November 7, 1997 IVtr. Robert Powell Director or Finance City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 RE: SOLID WASTE RETURN ON ASSETS Dear Mr. Powell: In accordance with our engagement letter, Hilton Farnkopf & Hobson, LLC is pleased to present this i...-uormation regarding the solid waste industry's return on ?.ssets over t.'1e past five years BACKGROUND In November 1995, the City engaged HF&H to develop financial benchmarks to assist the City in the review of Laidlaw Waste Systems Inc. financial results or operations. HF&H established two primary and three secondary indicators to use for t.1Us purpose. These L.T"lcluded: 1. Expense Ratio ') Rehlm on Assets 3. Operating Ratio 4. Sales on Assets ::J. Debt/Worth The City is currently involved in a more limited review and would like an h.dependent report of the most recent readily available data regarding the Return on Assets. FL"<DINGS Based on OUI research, we found the following Return on Assets (% Profit Before Taxes/Total Assets) reported ror refuse companies with assets comparable to Laidlaw's assets employed in Chula Vista and for the Industry. //-"/5 ~CYCll!ldODaper ~ HILTO): FARNKOPF & HOBSON, LLC Mr. Robert Powell November 7, 1997 Page 2 REFUSE COMPANIES RETURN ON ASSETS 1992 - 1996 $2 .$10 Industrv o;;aniJe Ouanile Year Uoner Mean Lower Upoer Mean Lower 1996 10.7 5.2 1.0 14.7 6.6 1.7 1995 18.6 10.8 3.7 18.6 8.5 2.3 1994 14.7 8.5 3.6 17.0 8.4 2.8 1993 13.7 7.0 2.6 14.1 6.1 0.9 1992 11.9 5.9 1.8 13.2 6.7 1.8 AVeral!e 13.9 7.5 2.5 15.5 7.3 1.9 As can be seen from the proceeding table, there are significant differences in the Return on .-\ssets based on size of company (versus the industry generally), from the lowest performing 25% to the highest performing 25%, and from year to year. Based on the available information, we calculated averages of the past five years results for each of the categories which may be of more use to you. ApPROACH AND LIMITATIONS We obtained information regarding the solid waste industry's Return on Assets from the Robert Morris Associates, Annual Statement Studies, Services-Refuse Systems (1993-1997). Relying upon this information we documented by quartile the Return on Assets for companies with $2 - $10 million in Assets and for all companies reporting, regardless of size. Also, we calculated average returns by quartile. We prepared this brief letter report describing industry results as measure by Return on .-\ssets over the past five years. We remain available to respond to any questions City or Laidlaw staff may have but it is not anticipated that we will either meet with Laidlaw or City staff or attend a meeting of the City Council. //-/& ~ 'eeycleCt.-,p"'er ~ HILTO:-; FARNKOPF & HOBSO!', LLC Mr. Robert Powell November 7, 1997 Page 3 HF&H appreciates the opportunity to again be of service to the City. Should you have any questions please call me at 510/713-3272. Very truly yours, Hilton Famkopf & Hobson, LLC / / /. . \ - " . - - ~ ""-:-/..//,'.r L ,,/;W / ;:;,-r--'/l_ /:~-';....-'- --. ~ ~ ~_.:..- -.... ; " I i Robert D. Hilton, CMC President cc: Dan Higgins, Market Area Controller, Laidlaw Waste Systems, Inc. 1)-/7 ~ t!cycled\.,.,:>aDe' ~// ~// DRAFT 7/9/98 SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT ("Franchise") is entered into effective as of September 4, 1997 by and between the City OF CHULA VISTA, a chartered municipal corporation of the State of California ("City") and ALLIED WASTE INDUSTRIES, a corporation, dba PACIFIC WASTE SERVICES ("Pacific"), with reference to the following facts: A. City is a chartered city within the meaning of California Constitution Article 11, Sections 3 and 5 and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive solid waste and recyclable franchise. B. In 1982, pursuant to Article XII of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise ("Original Franchise") to Chula Vista Sanitary Service ("CVSS"). C. Since 1982, the Original Franchise has been amended as follows: (1) Ordinance No. 2104, adopted February 28, 1985: (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4, 1990; (4) Ordinance No., 2429, adopted December 11, 1990; (5) Ordinance No. 2475, adopted September 3, 1991; (6) Ordinance No. 2562, adopted July 20 1993; and (7) Ordinance No. 2569, adopted September 21, 1993. D. On May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw"). E. On June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Pacific. One of the conditions of approval was that Pacific enter into negotiations with City staff regarding various City issues with the franchise prior to September, 1997 when the City was scheduled to consider Pacific's request for a five year renewal. F. On August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month to month extension of the Original Franchise pending further City review and consideration of Pacific's requested five year renewal. G. On July 14, 1998, pursuant to City Council Resolution No. , City approved a resolution of intention to consider the adoption of this Franchise and set a public for such purpose for August 4, 1998 at 6:00 p.m.. H. On August 4, 1998, a duly noticed public was held on this 11--1 g Franchise, and all public testimony was reviewed and considered by the City Council. I. On August 11, 1998, pursuant to its adoption of Ordinance No. , and Pacific's written acceptance thereof, the City granted, and Pacific accepted this Franchise on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Pacific hereby agree as follows: 1. Definitions. Whenever in this Agreement the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless in the given instance, the context wherein they are used shall clearly import a different meaning) : 1.1 "Affiliate" means any parent or subsidiary corporation, partnership or other entity, or any fellow member of an association, joint venture or similar arrangement for the provision of solid waste disposal or recycling services in which Pacific holds a direct or indirect interest. 1.2 "Aluminum" means recoverable materials made from aluminum such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. 1.3 "Bin" shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designated by the City Manager). Bins are used for weekly or more frequent collection of waste, yard waste or designated recyclables by the City or its Franchise agent. 1.4 "Bulky Waste" means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, furniture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt such as Freon containing refrigerators. 1.5 "Buy-back Center" means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery transfer of ownership to the facility of source separated materials for the purpose of 2 //~/7 recycling or composting. 1.6 "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade #11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. 1.7 "Carts" shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste, yard waste and/or designated recyclables by the City or its Franchise agent. 1.8 "City" shall mean the City of Chula Vista, corporation of the State of California in incorporated form or in any later reorganized, enlarged or reincorporated form. a municipal its present consolidated, 1.9 "Collection" means the act of removing and conveying non- hazardous and non-infectious solid waste, commingled or source separated materials, from residential, commercial, industrial, or institutional (governmental) generators, to a facility for processing, composting, transfer, disposal or transformation. 1.10 "Commercial" means a site and/or business zoned or permitted for any use other than residential including but not limited to commercial, light industrial, industrial and agricultural. Commercial generators that generated three (3) or more cubic yards of waste per week are serviced by a bin or compactor collection vehicle. 1.11 "Commercial Recyclables" means Designated recyclable materials from the two commercial subcategories of office and hospitality. Materials include, but are not limited to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments. 1.11 "Compactor containers" means those fully enclosed metal containers of ten to forty cubic yards provided by the City's hauler or customer. Compactors typically serve very large generators. 1.13 "Contract or Franchise agent(s)" means any person, private or public entity designated by the City council pursuant to Article XII of the City charter and Chula Vista Municipal Code, Chapter 8.24, as being responsible for administering, the collection, processing and/or disposal of solid waste or Designated Recyclables. 3 /1- ;;'0 1.14 "Recycling Box" shall mean those containers with a 18 gallon to 32 gallons which are supplied by the Franchise agent for manual collection of recyclables. capacity of City or its designated 1.15 "Curbside collection" means the service of removing and conveying of non-hazardous and non-infectious solid waste, source separated recyclables and/or green waste from the public thoroughfare at the curb or alley. (The City shall make the final determination regarding eligibility for curbside collection which shall generally apply to small quantity generators. ) 1.16 "Designated containers" ("Containers") shall mean those containers designated by the City Manager for temporary storage and collection of waste or designated recyclables including but not limited to "Curbside bins, Carts, Bins, Roll-off Boxes, and or Compactor Containers. 1.17 "Designated solid waste and recycling collection or storage location" means a place designated by the City Manager for storage and/or collection of waste, green waste and/or recyclables pursuant to Section 8.24.100 of the Chula Vista Municipal Code. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multi- family complex where waste and recyclables are placed for collection or temporary storage prior to collection by the City's Franchise agent. 1.18 "Franchised Recyclables" means any residential, commercial or industrial Recyclables, as defined herein, and by Municipal Code Chapter 8.25, placed in designated recycling containers or at designated recycling collection or storage location(s) to be collected by Pacific. 1.19 "Garbage" means all non-hazardous, non-infectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with Chula Vista Municipal Code Chapter 8.25, Section 8.35.090. 1.20 "Generator"means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare. 1.21 "Glass bottles and jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging 4 / (- ;l( or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable value ("scrap"), but excluding household, kitchen, and other sources of non-container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. 1.22 "Grantee" shall mean the City's Franchise agent(s) including Pacific Waste Systems, Inc. and its lawful successors or assigns as outlined in Section 8.24.110. 1.23 "Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green waste may also include pre-consumer food waste, incidental amounts of waxed or plastic coated corrugated cardboard, unpainted and untreated lumber. Green waste does not include, tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non- biodegradable materials. 1.24 "Green Waste Processing" means the accumulation and storage of green waste in a manner that leads to the intentional or un- intentional thermophilic decomposition of green waste. The acceptance of payment for green waste, the accumulation of more than 15 yards or three (3) tons per year of unprocessed, shredded, ground or composted material shall constitute green waste processing and is subject to the City, County and State requirements regulating compost and/or solid waste facilities (site codes). Residential, commercial and agricultural sites that generate, stockpile or process green waste material generated on site and used on-site without sale of finished or unfinished material that are otherwise compliant with all conditions of the municipal code for nuisance may apply for an annual exemption. 1.25 "Gross receipts" shall mean all gross operating revenues received by Pacific for solid waste, recycling, composting and related services provided to any and all generators within Chula Vista City limits under this Franchise. 1.26 "Hazardous or Toxic Waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal 5 j/-J;L of such wastes or mixtures of 25117 of the California Health legally disposable as a Class wastes as defined in Section and Safety Code which is not Landf ill . 1.27 "Hospitality" means any establishment that offers dining services, food or beverage sales. This includes, taverns, bars, cafeterias, and restaurants, as well as, motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar on their premises. 1.28 "Industrial Recyclables" means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush, sand and rock. 1.29 "Industrial Solid Waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated excluding Hazardous or Toxic Waste. 1. 30 lIInertH ceramics, mirrors. means materials such earthen cooking ware, as concrete, soil, asphalt, automotive safety glass, and 1.31 "Improper Disposal" means the discarding of any item or items upon public or private premises that where not generated on the premises as a part of its authorized use unless written consent of the property owner is first obtained. 1.32 "Improper Disposal Site" means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the County Local Enforcement Agency (site code). This does not include businesses licensed and permitted in the City to purchase source separated recyclables. 1.33 "Incidental Waste," less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter. Such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator. 1.34 "Industrial" means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial generators are typically serviced by roll-off box containers of 10-40 yard capacities and typically generate inert materials such as 6 //-:<~ asphalt, concrete, building debris and some wood and dry green waste. 1.35 "Institutional" shall mean any premise owned and/or occupied by local, state and federal agencies. Typically office or education facilities with a common waste stream. 1.36 "Landfill" means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code or Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act. 1.37 "Large Generator" means those residential, commercial industrial and institutional entities that generate more than 300 gallons of waste per week excluding source separated recyclables diverted from disposal or transformation. 1.38 "Mixed waste processing" means a system of recovering recyclables from the mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility instead of separation at the primary waste generation source. 1. 39 "Multi-family" means a total of 4 or more horizontal arrangement structure or structures containing a dwelling units in any vertical or on a single lot or building site. 1.40 "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines, and other periodicals, telephone books, as well as all other paper products of any nature. 1.41 "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid Waste, compost, and/or designated recyclables. 1.42 "Plastic bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or hospitality use; to distinguish from non-bottle containers (e.g., deli or margarine tub containers) and from non-household plastic bottles such as those for containing motor oil, solvents, and other non-household substances. 7 II -/2.( 1.43 "pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance or derived therefrom in such quantity, or such nature and duration, or under such conditio that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. 1.44 "Processing" means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste. 1.45 "putrescible Wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, but is not limited to kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. 1.46 "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small generator an large generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or large generators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclables materials collected under a mixed waste processing program. 1.47 "Recycling" shall mean any process by which materials which would otherwise be discarded, deposited in a landfill or transformation facility and become Solid Waste are collected (source separated, commingled, or as "mixed waste"), separated and/or processed and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. 1.48 "Refuse" means garbage and rubbish. 1.49 "Removal" means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or Franchise agent(s), or by a person in control of the premises. 1.50 "Removal frequency" means frequency of removal of solid wastes or recyclables from the place of generation. 1.51 "Residential" for purposes of this Franchise, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single and multiple family dwellings, apartment- 8 J J- ;<5 hotels, boarding and lodging houses. Residential does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality. establishments. 1.52 "Roll-Off Service" means service provided for the collection, removal and disposal of industrial waste such as construction, demolition and other primarily inert non-putrescible wastes and green wastes. Roll-off Service is usually provided using metal containers of ten to forty cubic yards that are open on the top with doors on one end and are used on a temporary basis such as for construction sites. 1.53 "Rubbish" means non-putrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish provided such materials are handled, processed and maintained in a properly regulated manner. 1. 54 "Salvaging or salvageable" means the authorized storage and removal of solid recyclables or recoverable materials. controlled and/or waste, designated 1.55 "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials. Such acti vi ty is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under section 8.24.200, 8.25.080 of the CVMC and Chapter 9 Section 41950 of the California Integrated Waste Management Act of 1989. 1.56 "To segregate waste material" means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility) . 1.57 "Small Generator" means those residential, commercial industrial and institutional entities that generate less than 300 gallons of waste per week excluding source separated recyclables diverted from disposal or transformation. 1.58 "Solid Waste" means all putrescible and non-putrescible solid, semi-solid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of 9 / /- :16 in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by Residential, Commercial or Industrial sites within the City. Solid waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale. 1.59 "Storage" means the interim containment of solid wastes, yard wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. (Interim means for one week or less, roll-off containers may store non- putrescible waste for up to thirty days.) 1.60 "Streets and Byways" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including state highways now or hereafter established within said City. 1.61 "Tin and bi-metal cans" means any steel food and beverage containers with a tin or aluminum plating. 1.62 "Transfer or processing station" means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables. 1.63 "Unit" means an individual residence residential multi-family complex. contained in a 1.64 "White goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. 1.65 "Wood Waste" means lumber and wood products but excludes tree stumps in excess of 100 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, non-organic or non-biodegradable materials. 1.66 "Vector" means any nuisance such as odor, unsightliness sound or, a carrier, usually insects or rodents, that is capable of transmitting a disease. 1.67 "Yard waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single family and multi-family residential sources of the City's Green waste (to include landscape haulings from residential sources). Acceptable materials for collection include all yard waste as herein defined, excluding palm fronds, treated or processed 10 //-;21 wood or lumber, bulky waste or any other materials as shall be determined by the City as to not be salvageable. acceptable yard waste shall be void of nails, wire, dirt or any other material that is not considered yard All rocks, waste. 2. Grant of Franchise. 2.1. In General. City hereby grants to Pacific, subject to the terms and conditions set forth herein, an exclusive Franchise ("Franchise") to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from residential, commercial and industrial sites within the City, in the manner and on the terms herein specified herein, and to use for such purposes the City Streets and Byways. This Franchise is granted pursuant to the authority and subject to the terms and conditions contained in Article XII, Sections 1200 through 1206 of the City Charter, and Chapter 8.23 of the Chula Vista Municipal Code. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against Pacific. Nothing shall pass by the Franchise granted hereby to Pacific unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the Franchise. 2.2 Exclusive Nature of Franchise. 2.2.1 During the Term of this Franchise, except as hereinafter otherwise provided, or except as may otherwise be required by federal or state law, the rights granted to Pacific under this Franchise shall be exclusive to Pacific, and City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Pacific. City shall protect Pacific's rights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof. 2.2.2 Such exclusive rights shall not extend to Solid Waste or Recycling Services which cannot be exclusively franchised under federal or state law. In addition, this grant of exclusive Franchise is not intended and does not preclude duly licensed City based non-profit organizations and community groups from conducting recycling programs for the purpose of raising funds, nor does it preclude a person from selling or otherwise disposing of their own recyclables at a buy-back center or from donating their own recyclables, so long as said collection(s), donation(s) or sale(s) do not occur at Designated recycling collection or storage location (s) . Pacific and City hereby expressly exclude from Pacific's exclusive rights hereunder the picking up, gathering, and removal of refuse pursuant to a competitively bid contracts between state agencies or local districts and a City authorized City trash franchisee. 11 //-;<% 3. Term. The Franchise term ("Term") shall commence on September 4, 1997 and shall terminate on September 4, 2002, unless earlier terminated in accordance with the provisions hereof. 4. Consideration. 4.1 Franchise Fee. 4.1.1 In consideration of City's Grant of the Franchise, Pacific shall pay to the City eight percent (8%) of Pacific's Gross Receipts ("Franchise Fee"). City shall have the right to decrease the Franchise Fee at any time by resolution of the City Council. City shall also have the right to increase the Franchise Fee by resolution of the City Council up to a maximum amount of ten percent (10%). No increase or increases shall exceed one-half percent (1/2%) within any twelve (12) month period. City agrees to notify Pacific at least 45 days prior to the effective date of any proposed Franchise Fee increase. City agrees to coordinate, whenever possible, the concurrent imposition of any pending Franchise Fee, or regulatory fee increases with any pending service rate increases by Pacific. It is understood that any increase in the Franchise Fee by the City shall be cause for the Pacific to increase charges in order to immediately "pass through" the cost of the Franchise Fee to Ratepayers. 4.1.2 Pacific shall file with the director of finance of City on a monthly basis, a duly verified statement showing in detail the total Gross Receipts of such Pacific during the preceding month or fractional month from the collection and disposal of Solid Waste and Franchised Recyclables within the City. Pacific shall pay to said City within fifteen (15) days after the time of filing of such statement, in lawful money of the United States, the aforesaid percentage of its total Gross Receipts for such month, or such fractional month, covered by such statement. 4.1.3 The acceptance by City of payments of the Franchise Fee shall be without prejudice to City's right to an examination of Pacific's books and records maintained with respect to the calculation thereof in order to verify the amount of Pacific's Gross Receipts. At any reasonable time wi thin three years after receipt of any statement furnished it by Pacific as provided in Section 4.1.2, above, and upon fifteen (15) days prior written notice to Pacific, City may cause a special audit to be made of Pacific's books and records relating to the calculation of the City's Franchise Fee for the period covered by the statement. Such audit shall be conducted during regular business hours and otherwise in such a manner as to avoid disruption of Pacific's operations. Except as provided below, the cost of such audit shall be borne by City. If it shall be determined that there has been an 12 /1-,27' error in the payment of the Franchise Fee, then a reconciling payment or credit shall be made. If it is determined that the error exceeded three percent (3%) of the amount owed for the period covered by the audit, and such error is to the disadvantage of City, then Pacific shall also reimburse City for the cost of the audit. 4.2 Free Disposal for Ordinarv City Business. During the Term of the Franchise City crews and City contractors (with specific written City approval) on City business shall not be charged tipping fees for mixed waste delivered by City or its agent to the Otay landfill. City crews or their subcontractors shall be allowed to take clean yard waste to ORW at no charge, or another such operator selected by City. 4.3 Citv Desiqnation as "State Curbside Operator". As of the effective date of the Franchise, Pacific will redesignate the City as "State Curbside Operator" with the Department of Conservation, Division of Recycling, for the purposes of all California Redemption Value ("CRV") materials collected in Chula Vista by Pacific within 30 days of the effective date of the Agreement and deliver annual CRV bonus payments (pursuant to PRC 214549.6(a)), and all revenue from new advanced disposal fees or incentive fees developed in the future, excluding only the current 2.5 cents per 24 ounce and under and 5 cents per 32 ounce and over carbonated non-juice beverage containers listed as CRV. City shall be entitled to the CRV bonus payment payable in 1998, and to all future CRV bonus payments which accrue during the Term. Funds accrued to the City under this section shall be used to support recycling public education, printing, promotion and incentive programs. Pacific shall not materially charge its collection or processing methods or subcontracts in such a way as to adversely affect CRV amounts to be paid to the City without City's prior written approval. 5. Compliance with Laws and Directives. 5.1 Pacific shall comply with all laws and regulations of the State of California and the City. Further Pacific agrees to be bound by all provisions of the Municipal Code, or any amendments thereto, or other ordinances that might affect the collection or disposal of Solid Waste or Franchised Recyclables in the City. It is understood that the Municipal Code is intended to set minimum standards and that higher standards and regulations may be required under this Franchise. Pacific agrees to cooperate with City in reaching a modification to this Franchise to the extent required by law at anytime it should be deemed necessary in the future. 5.2 In addition, at all times during the Term of this Franchise Pacific shall perform its obligations hereunder to the 13 //-30 satisfaction of the City Manager (or a delegate thereof) who shall have the right, consistent with the terms and conditions of this Franchise, to issue orders, directions and instructions to Pacific from time to time with respect to the collection, transportation, and removal of Solid Waste and Franchised Recyclables, the performance of Pacific's services hereunder, and the Pacific's compliance with the provisions of the ordinances of the City of Chula Vista as they now exist or may from time to time be amended, and Pacific agrees to comply therewith. 6. Services to be Provided. 6.1 In General. Pacific undertakes and agrees, for the consideration set forth herein, to collect, pick up, remove and dispose of, all Solid Waste and Franchised Recyclables which are generated or accumulated by or upon all property located within the jurisdictional boundaries of the City during the Term of this Franchise, except as herein otherwise provided, subject to and in accordance with the terms and provisions hereof. Pacific shall furnish all labor, equipment, and vehicles (including adequate standby equipment and vehicles capacity to provide the service herein required in the event of a breakdown), and all insurance and bonds necessary to insure the efficient and timely performance of such obligation. All Solid Waste and Franchised Recyclables collected by Pacific shall become the property of Pacific immediately upon the collection thereof, and shall be forthwith removed and transported by Pacific to an approved place of disposal, or sale, as appropriate, which shall be provided, arranged for or furnished by Pacific in accordance with the terms of this Franchise. The collection and removal of Solid Waste and Franchised Recyclables shall be done in a prompt, thorough, lawful and workmanlike manner. 6.2 Operational Plan. The collection, removal and disposal of said Solid Waste and Franchised Recyclables by Pacific shall be done in accordance with an operational plan approved by the City Manager ("Operational Plan") . The Operational Plan shall describe the routes to be established and shall contain details regarding servicing schedule, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. The Operational Plan may be amended at any time by mutual agreement of the parties. In addition, the City reserves the right to require modifications to the Operational plan if at any time during the period of this Franchise, City determines that the public interest requires a disposal program differing from that which Pacific has established, or that technological or other changes materially affect the necessity of or level of the services provided for hereunder. The Operational Plan shall include, at a minimum, the programs, terms and conditions contained in this Section and in 14 1/ ~31 Section 8 hereof, below. 6.2.1 Collection Times and Freauencv. At least one regular weekly collection shall be provided to each residential, commercial and industrial location within the City. Pacific shall collect all Solid Waste on its first collection pass. Pacific shall not collect Solid Waste or Franchised Recyclables within a residential area between the hours of six p.m. and six a.m. Pacific shall complete all routes by 6:00 p.m. except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Pacific's control. With prior written permission of the City Manager, this time frame may be modified. 6.2.2 Holldavs. The following shall be considered legal holidays where collection services shall not be required for purposes of this Franchise: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City. When a regularly scheduled residential collection falls on a legal holiday, the collection for that day and succeeding days of that week shall be rescheduled one day later. Holiday disruptions of commercial collections shall be handled in a manner mutually agreeable to the Pacific and individual customers. 6.2.3 Containers: Tvpe and Location. Pacific shall provide bins as required for commercial and industrial customers or whenever other customers of Pacific request their use. Each bin shall be placed in an accessible, outside location according to individual agreements with each customer. Any new or replacement bins shall be fitted with plastic lids. Pacific shall color code all Solid Waste, Recycling and Yard Waste containers as soon as possible, but in no event later than 3 years after the effective date hereof, in a manner approved by City. At City's election, at the natural end of the Franchise Term Pacific shall be required to transfer ownership to City and City shall accept all operable Solid Waste, Recycling and Yard Waste carts, bins or containers (excluding metal containers of one yard capacity or greater) in exchange for City's payment to Pacific of an amount equal to 20% of the original wholesale cost of all of such containers which are 5 years old or less. 6.2.4 Public Place Containers. Pacific agrees to provide and maintain litter containers for the use of the general public for public areas such as plazas and rights-of-way other than parks and those publicly owned facilities maintained by the City as specifically designated by resolution of the City and to empty and dispose of the contents as necessary. Pacific shall provide standard litter bids, with covers and signage approved by City, at locations requested by City within 96 hours of City's request. Materials deposited in such bins shall be collected weekly or bi- weekly with residential or commercial waste. 15 //- 3t- 6.2.5 Notice of Collection Schedule. Pacific shall prepare and furnish to all customers not less than four (4) days prior to the beginning of, or change in service, schedules setting forth the days on which the collections shall be made. Notice shall be in such form as is first approved by the City Manager or a designee thereof. 6.2.6 Local Operations and Manaqer. Pacific shall maintain its offices and service fleet at its current facility on Energy Way in the City, or at another appropriate location within the City. Pacific shall at all times during the term of this Franchise have the general market manager for the San Diego region, or the general operations manager for the San Diego region at its Chula Vista offices and charged with the responsibility for supervision of the Franchise operations and obligations of Pacific. 6.2.7 Construction Demolition Proqram. Pacific shall implement construction demolition recommendations attached hereto as Exhibit and incorporated herein by this reference. 6.2.8 Sinqle Can Service for Seniors. Pacific shall convert the existing reduced price special bag service available to senior citizens to a reduced price single can program for senior citizens with scheduled billing comparable to standard residential curbside services within 180 days of City approval of the Franchise. reduced price for a single can of less than 32 gallons 6.2.9 Missed pick-Ups. In case of a missed pick-up called in by a resident, Pacific shall, where possible, provide collection within 24 hours. If unable to accommodate due to inadequate notice, the resident shall be so notified and the materials shall be picked up on the next scheduled collection day. Information on missed pick-ups shall be logged by Pacific and shall be available to City upon request. 6.2.10 Special Events. Pacific shall cooperate with the City in carrying out special events to improve community appearance. Such cooperation shall include, but not be limited to, Pacif ic' s provision of free recycling services, containers, and collection for one to five special public events sponsored by the city. Free services shall not be offered to special event organizers other than the City until such parties have submitted a plan to the City's Conservation Coordinator and received his or her approval thereof. Special events shall include, but not be limited to, Harbor Days, Chula Vista Expo, Arturio Barrios and Youth runs, Bonita Fest, Lemon Festival, Christmas Parade, Community Clean-up days, and the semi-annual free disposal days described in Section hereof. 6.2.11 Bulkv Waste. Pacific shall institute and carry out for the Term of the Franchise a free Bulky Waste pick up program for single family residential and a limited Bulky Waste 16 II-J 3 pick-up program for multi-family residential generators in accordance with the terms and conditions set forth on Exhibit" " attached hereto and incorporated herein by this reference. 6.2.12 Equipment Specifications and Maintenance. Initially, and throughout the Term, the average age of all regularly assigned collection vehicles must be not more than four (4) years, and all must be radio controlled. All truck bodies will be specifically designed and manufactured for mechanized refuse collection, completely enclosed, all-metal, watertight and capable of withstanding internal fires. Pacific shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in a sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis, but not less than quarterly, for solid or liquid leakage. All leaks discovered shall be immediately repaired. Pacific shall paint his name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high or use a decal approved by the City council. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five-pound fire extinguisher certified by the state fire marshal, as well as a two-way radio. All graffiti on equipment shall be promptly removed, by no later than 2 weeks after the earlier to occur of Pacific's discovery or City's notice to Pacific thereof. All of Pacific's equipment may be inspected at the discretion of the City Manager or any other appropriate agency at the point of operation at any time. 6.2.13 Spillaqe. Pacific shall exercise all reasonable care and diligence in collecting Solid Waste and Franchised Recyclables so as to prevent spilling, scattering or dropping of Solid Waste or Franchised Recyclables, and shall immediately, at the time of known occurrence, or upon notification by the City, clean up any spillage. 6.2.14 of Sol id Waste, transfer station, regulations. Disposal of Solid Waste. Pacific shall dispose at its expense, at an authorized landfill or in accordance with all state and local laws and 6.2.15 Emplovees. Pacif ic guarantees a top quality service by industry standards; competent, qualified, sober and uniformed personnel who serve the public in a courteous, helpful and impartial manner. Subject to all applicable laws, and the provisions of collective bargaining agreements negotiated in good faith (a) the City may, at its option, require fingerprinting of Pacific's employees or agents whose service will cause them to enter onto or work in close proximity to private property; and (b) Pacific shall hire employees without regard to race, religion, 17 //-.J'~ color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his possession a valid and appropriate vehicle operator's license issued by the state. Pacific and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in refuse collection service on public streets. 6.2.16 Inquiries and Complaints. a. Telephones will be attended by competent personnel providing live customer response from 8:00 a.m. to 6:00 p.m. on regular work days, eight a.m. to twelve noon on Saturdays, and an answering service provided after hours, weekends and holidays. b. Pacific shall have formal and auditable complaint procedure. Upon request, the City will be provided details of any complaints, including the resolution thereof. Pacific shall make a good faith effort to return such calls by noon the next business day. Pacific shall check with the City by fax or telephone at 3:30 p.m. each service day to obtain information regarding complaints or inquiries and shall resolve all collection issues by 6:00 p.m. the next business day. Pacific shall staff its phones such that the average wait time to reach a customer representative does not exceed 90 seconds for an standard calendar week and is otherwise not excessive. 6.2.17 Billinq. Pacific will provide the billing and be totally responsible for the collection of payments, including City imposed fees for remittance to the City. Pacific shall include the City Quarterly and other City inserts in its billing statements. Pacific shall implement an account information faxjhotline for property owners and managers. Pacific shall place due dates on all invoices near the amount owed in a manner that provides clear notice. Residential customers shall not be billed more than three months in advance. Service shutoff for nonpayment shall not be instituted before thirty days after initial billing and after sufficient notification. Commercial billing shall be monthly in arrears of service. 6.2.18 Public Information. Pacific shall annually update a brochure for all classes of new customers and distribute same to the new customers. City shall have one week advance notice to review and approve public information before distribution, including billing inserts and handouts. 6.2.19 Taqqinq and Penalties. Pacific shall "tag" and collect (as trash, if necessary) inappropriate disposal on its first pass, and shall provide City a monthly report of same. In the event that the City adopts a system for imposing penalties on generators which violate applicable Municipal Code provisions in substantially the form attached hereto as Exhibit Pacific agrees to implement same. 18 1/-.;5 6.2.20 Reports. Monthly, quarterly and annual reports shall be provided to the City Conservation Coordinator regarding Franchise operations. Monthly reports shall be provided on the 22nd day of each month for the prior month. Quarterly reports shall be provided on the 22nd day of the first month after each calendar year quarter for the prior quarter. Annual reports shall be provided by February 16 of the subsequent year. Unless otherwise agreed upon by the parties, the contents of the reports and their format shall be in substantially the form attached hereto as Exhibit 6.2.21 Notice of Chanqes to Eauipment. Pacific shall notify City prior to entering into any contract for the purchase of any vehicle, or to changing the color or signage on same, and shall meet and confer with City in order to determine the appropriateness of same. 7. Rates for Collection and Other Services. 7.1 In General. In consideration of Pacific's provision of Solid Waste and Recycling services in accordance with the terms of this Franchise, Pacific shall be permitted to charge service fees to those City residents and businesses utilizing such services ("Ratepayers"); provided, however, in no event shall the service fees charged exceed the maximum rates established by City under this Section 7 ("Maximum Rates") . 7.2 Initial Collection Rates. The initial Maximum Rates charged by Pacific and paid by Ratepayers for Solid Waste and Recycling services provided by Pacific under this Franchise shall be those set forth on Exhibit attached hereto and incorporated herein by this reference. The Maximum Rates set forth on Exhibit effect from the beginning of the Term until Thereafter, the Maximum Rates shall be subj ect Pacific in accordance with the terms of Section shall remain in June 30, 1999. to increase by hereof, below. 7.3 Pacific's Riqht to Increase Collection Rates. 7.3.1 Commencing on June 30, 1999, and upon each one year anniversary thereof for the remainder of the Term, the Maximum Rates (excluding any Franchise Fees or other "pass-throughs") shall increase by an amount not to exceed the product of the previous year's rate multiplied by fifty percent (50%) of the percentage increase in the San Diego area Consumer Price Index for All Urban Consumers (all items) published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve-month period for which statistics are available ("Applicable CPI Increase"). For example, assume that the Maximum Rate for Single Family Residential Service as of June 30, 1999 was $ per month, and that the Applicable CPI Increase was three percent (3%). For 19 //-.J~ the twelve month period commencing on July 1, 1999, Pacific would have the right to charge a Single Family Residential Service rate of up to $ . In the event that the Consumer Price Index referred to above shall no longer be published, then another similar generally recognized index may be substituted upon approval by the City Manager. 7.3.2 Pacific's right to increase a service rate as provided above is contingent upon Pacific providing written notice of a proposed increase including proposed rates for all generator classes of fees to the City and all affected Ratepayers by no later than 45 days prior to the effective date of the proposed increase. At City's discretion, failure to comply with this notice requirement may by deemed to be a final decision by Pacific not to increase rates for the upcoming year. Notwithstanding the foregoing, if Pacific does not elect to increase a service rate in any year, or does elect to increase a service rates, but not up to the applicable Maximum Rate for such year, the applicable Maximum Rate for such year shall become the base Maximum Rate for purposes of determining the increased Maximum Rate for the ensuing year such that its unused capacity to increase rates in any given year shall be carried forward to subsequent years. If Pacific elects not to increase service rates up to the Maximum Rate for any given year, upon City's request, Pacific agrees to meet and confer with City to discuss the expected timing and amounts of possible future imposition of service rate increases. 7.3.3 Pacific agrees to coordinate, whenever possible, the concurrent imposition of any pending service rate increase with andy pending Franchise Fee or regulatory fee increases by City. 7.4 Senior and Other Preferred Rate Schedules. The City Council may, at anytime, establish a program for preferential rates for senior citizens or other classifications which are deemed to be in the public interest. Prior to adopting a preferential rate, City shall notify Pacific and provide Pacific an opportunity to appear before the City Council to express its view of any such proposed action. 7.5 Variable Rate Structure. Pacific agrees to discuss with the City the concept, design and implementation of a change in rate structure from a fixed rate to a rate structure which would vary based on the number and size of containers, or such other basis which the City believes would provide an incentive for waste reduction. 7.6 Most Favored Nation Rate. 7.6.1 Notwithstanding any provision in this Section to the contrary, in the event that, during the Term of this Franchise, 20 II - J 7 Pacific, or any Affiliate thereof, agrees to a service rate or rates under a waste management Franchise within the County of San Diego which is/are lower than the service rate or rates then in effect for the corresponding service (s) within the City, then, Pacific shall immediately charge such lower service rate(s) to City Ratepayers. For purposes of comparing City service rates with those offered by Pacific, or an Affiliate thereof, in another Franchise within the County of San Diego, any locally imposed fees (e.g., local Franchise fees or surcharges) shall first be subtracted so as not to be a component of the service rate comparison. Pacific's obligations under this Section shall not apply to the commercial service rate currently, or in the future, provided to the City of Imperial Beach. 7.6.2 In the event that the lower service rate or rates that formed the basis for downward adjustments in the City service rates are subsequently increased in the other Franchised territories, Pacific shall have the right to make a corresponding increase in the corresponding City rate(s); provided, however, in no event shall such increased rate exceed the maximum rate that would have been chargeable pursuant to the City's standard rate structure as set forth in Sections 7.1 and 7.2 hereof, calculated as if no initial downward adjustment in City rates had been made. 7.7 Miscellaneous Service Rates. The Maximum Rates charged by Pacific and paid by Ratepayers for the miscellaneous non-collection Solid Waste and Recycling services provided by Pacific under this Franchise ("Maximum Miscellaneous Service Rates") shall be those set forth on Exhibit _ attached hereto and incorporated herein by this reference. These Maximum Miscellaneous Service Rates shall remain in effect without increase throughout the Term of the Franchise. 7.8 Commercial Rates for Cardboard/Mixed Paper. Effective upon the date of this Agreement, corrugated cardboard and mixed paper service charges to commercial customers shall not exceed a maximum charge of $25 per moth per pickup with respect to 3 to 8 yard bins. Adjustments for current customers will be handled by Pacific on a case by case basis. Pacific and City agrees to jointly promote the new rate to potential customers. 7.9 Pacific's Reserved Riqht to Request Increases Based on Extraordinarv Circumstances. Notwithstanding the foregoing, Pacific may submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred beyond Pacific's control. City Council reserves the right to approve or disapprove such a request 21 I/-.Jt' in its sole discretion. 8. Recycling Services. 8.1 In General. Pacific agrees labor, services, materials and equipment multifamily and commercial recycling Recyclables on the terms and conditions to provide all necessary to implement residential, services for Franchised set forth below: 8.2 Collection. 8.2.1 Sinqle Familv Residential. Pacific shall collect and remove all Franchised Recyclables which are placed in a designated recycling container at the curbside on public streets, from all single-family residences. Pacific shall collect the Franchised recyclables once each week, regardless of weather conditions. Collection will be on the same day of the week as the regularly scheduled trash collection day. Pacific and City will mutually agree to any changes in collection day. Pacific will notify residents of any changes in the collection day by distributing a flyer no later than two weeks prior to the affected day. 8.2.2. Multi-Familv Residential. Pacific shall convert all current Multi-Family complexes of nine units or less shall be converted to curbside recycling rates and services in accordance with the implementation schedule attached hereto as Exhibit All future Multi-Family complexes of nine units or less shall be served through Curbside recycling. Mixed paper recycling services shall be provided to multi-family complexes of ten units or more in accordance with the implementation schedule attached hereto as Exhibit Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof. Pacific and City will mutually agree to any changes in collection schedule frequencies or removal frequency. Pacific will notify the building property owner, manager or, designated agent thereof, of any changes in collection day(s) by written notification no later than two weeks prior to the affected day. 8.2.3 Commercial. Pacific shall provide free rigid container cart service for Hospitality and Retail businesses under 5,000 square feet, and free rigid container bin service for Hospitality businesses of 5,000 square feet or greater selling beverages within sixty (60) days after City approval of this Franchise. Pacific may subcontract the recycling services provided under this Section to a third party subj ect to City's prior reasonable approval. Pacific and City shall meet and confer in order to establish reasonable terms and conditions for this service which both serve the City's diversion obligations, and Pacific's interests in avoiding unauthorized use of the free service by non- qualified businesses. In addition, Pacific agrees to meet and confer with the City in order to develop and implement a Green 22 1/-.31 Waste recycling incentive program for all commercial Green Waste generators within 90 days of the approval of the Franchise. 8.2.4 Citv-Wide. Pacific shall provide free mixed paper or rigid container drop-off collection services at current state designated convenience zone locations and additional locations reasonably identified by City. 8.2.5 Christmas Trees. Christmas tree recyclables shall be picked up at no additional charge at all single family and multi-family locations in accordance with the program attached hereto as Exhibit 8.3. Vehicles. Design of collection vehicles shall be done to limit the contamination and maximize the resale value of collected Franchised Recyclables. Any and all changes to the established means of collection of Franchised Recyclables, as herein outlined, shall be approved by the City in advance, including any changes in the way that the Franchised Recyclables are collected (separated and/or commingled), design of vehicles, etc. 8.4 Containers. 8.4.1 Sinqle Family and Multi-Family Curbside. Pacific shall purchase and distribute curbside recycling containers to be used by each eligible single family and multi-family residential customer included in the program. The type and cost of container to be used, or changes of container type shall be approved by the Ci ty prior to purchase and distribution. Pacific shall retain ownership of the containers subject to City's right to purchase set forth in Section 6.2.2 hereof. Each residence eligible to participate in the program will receive one container. If Pacific determines that the volume of recyclable material exceeds the capacity of the one container, additional containers shall be provided at no cost to the resident. Replacement of containers that are stolen and/or damaged shall be made at no cost to the resident at Pacific's discretion. Pacific will be responsible for keeping records and making them available to the City regarding additional containers requested, and the reason for the request, e.g. damaged, stolen, needed to handle residence recyclables beyond capacity of one container. 8.4.2 Larqe Multi-Family. Appropriate container(s) shall be provided for use at each Multi-Family complex not provided Curbside collection service for each unit under Section 8.2.2., above. Such container(s) shall meet the space restraints and collection needs of the respective complex and the residents therein. Said containers may include 90 gallon carts on wheels, 2 cubic yard bin or 3 cubic yard bin. Each container shall conform to the following: slots in lids for placement of beverage containers (circular holes of appropriate sizes) and newspaper/mixed paper (narrow slots of appropriate size); plastic 23 / ;-# containers should include recycled plastic content; be fire resistant; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of the bin, in Spanish and English (with graphics) as to the designated recyclable(s) and "No Trash"; be clearly labeled with Pacific's name and phone number. Pacific shall provide to each multi-family complex larger than nine units at least one exterior recycling container per complex for commingled hard recyclables (aluminum cans, glass bottles and jars, plastic bottles and tin and bi-metal cans) and one exterior recycling container for newspapers or alternatively at least one, 2- or 3- yard divided bin that effectively separates commingled hard recyclables from newspapers. To the extent possible, exterior recycling containers will be required to be placed adjacent to or near the refuse collection containers. 8 .4 . 3 Yard distribute, or otherwise container(s) as follows: Waste. Pacific shall purchase and arrange for the distribution of yard waste a. Sinqle Familv. A container on wheels (approximately 65 gallons) to be used for the collection of yard waste shall be offered to each eligible residential customer for purchase or rent. Pacific shall distribute containers to all customers requesting use of said containers. The type of container to be used or changes of container type shall be approved by the City prior to purchase and distribution. Pacific shall retain ownership of the containers unless the customers pays in full for the container, as specified herein. b. Multi-Familv. An appropriate yard waste collection and storage container(s) shall be provided for use at each multi-family complex that meets the space restraints and collection needs of the respective complex and the residents therein. Said containers may include 90 gallon carts on wheels, 2 cubic yard bin or 3 cubic yard bin. Each container shall conform to the following: plastic containers should include recycled plastic content; be fire resistant; be of durable quality and warranty; be heat stamped or labeled for commodity; be clearly labeled on the lids and the front facing of the bin, in Spanish and English (with graphics) as to the designated recyclable (s) and "No Trash"; be clearly labeled with Pacific's name and phone. 8.5 Transportation of Materials. 8.5.1 In General. Except as provided below, Pacific 24 /1-1// shall transport collected Franchised Recyclables to a central collection point and shall retain responsibility for the sale of such materials in a timely and efficient manner, so as to yield the highest possible market value for the material. No non- contaminated Franchised Recyclables shall be landfilled, unless approved by the City. Should market failure occur for one or more material types, only the City Manager (or designee) of the City may decide not to collect the affected material. All written contracts, if any, with processors, recyclers or other buyers of Franchised Recyclables shall be submitted to the City. 8.5.2 Yard Waste. In order to allow for the Yard Waste program to fully assist the City in meeting its AB 939 obligations, the City is interested in having the collected yard waste processed for compost or mulch (not bio-fuel) or alternative daily cover. To this end, the City directs Pacific to transport the collected materials to Organic Recycling West, or another permitted facility designated by City. 8.6 Sale of Materials. Pacific shall use its best efforts to sell Franchised Recyclables (excluding Yard Waste) for cash at market rates. The "Net Revenues" (defined below) from such sales based upon an "All Materials Six Month Average" (defined below) shall be shared between Pacific and City depending upon the "Tonnage Diverted" (defined below), in accordance with the following formula: a. Where the applicable All Materials Six Month Average is equal to or less than sixty dollars ($60) per ton, Pacific shall retain one hundred percent (100%) of the Net Revenues, regardless of the Tonnage Diverted during the relevant six month time period. b. Where the applicable All Materials Six Month Average is greater than sixty dollars ($60) per ton, Pacific shall receive one hundred percent (100%) of the Net Revenues up to $60 per ton. In addition, the amount of "Incremental Net Revenues" (defined below), derived from the portion of the All Material Six Month Average above $60 per ton, shall be shared between Pacific and City, based upon the Tonnage Diverted during the relevant six month time period, as follows: (1) Where the Tonnage Diverted is less than 25,000 tons, City shall receive sixty percent (60%) of the Incremental Net Revenues, and Pacific shall receive forty percent (40%). (2) Where the Tonnage Diverted is equal to or greater than 25,000 tons, but less than 35,000 25 /I-t/J- tons, City shall receive fifty five percent (55%) of the Incremental Net Revenues, and Pacific shall receive forty five percent (45%) . (3) Where the Tonnage Diverted is equal to or greater than 35,000 tons, but less than 45,000 tons, City shall receive forth five percent (45%) of the Incremental Net Revenues, and Pacific shall receive fifty five percent (55%) . (4) Where the Tonnage Diverted is equal to or greater than 45,000 tons" but less than 55,000 tons, City shall receive thirty five percent (35%) of the Incremental Net Revenues, and Pacific shall receive sixty five percent (65%) . (5) Where the Tonnage Diverted is equal to or greater than 55,000 tons, City shall receive thirty percent (30%) of the Incremental Net Revenues, and Pacific shall receive seventy percent (70%). For purposes of this Section: "Net Revenues" shall mean all Gross Revenues accrued by Pacific over a relevant time period from sale of Franchised Recyclables (excluding Yard Waste), minus any amounts paid to third parties for processing of sold recyclables or as a broker's fee or commission. "Incremental Net Revenues" shall mean Net Revenues less the product of $60 multiplied by the number of tons of Franchised Recyclables (excluding Yard Waste) sold to generate such Net Revenues. "All Material Six Month Average" shall mean the average price per ton (2,000 pounds U.S.) agreed to be paid to Pacific by purchasers of all Franchised Recyclables sold (excluding Yard Waste) over a relevant time period. Such amount shall be calculated as follows: "Tonnage Diverted" shall mean all Franchised Recyclable (includinq Yard Waste) collected by Pacific and marketed or disposed of (other than into a Landfill) in accordance with the terms of this Franchise. 8.7 Contamination. 8.7.1 Franchised Recyclables that are contaminated due to the placement of Solid Waste in a designated recycling container, or inclement weather that leaves the Franchised Recyclables unmarketable, may be landfilled. Pacific shall retain a record of such occurrences and report said occurrences to the City on a quarterly basis. Should contamination occur more than twice at a single complex, said complex shall be notified. Should contamination occur at a complex three or more times, the complex 26 11- '13 shall be notified and charged the necessary disposal fee for dumping the contaminated recyclables as refuse at the landfill. 8.7.2 Yard Waste, wood waste and pre-consumer food waste that is contaminated by plastic or non-organic material may be disposed of as Solid Waste. Pacific shall retain a record of such occurrences and report said occurrences to the City on a monthly basis. Should contamination of Franchised Recyclables occur at a single-family or multi-family complex, Pacific shall "tag" such residence and enforce City Municipal Code provisions in accordance with the procedures contained in Section 6.2.19 hereof. 8.8 Recvclinq Education. Immediately upon City approval of the Franchise with respect to calendar year 1998, and on July 1 of each subsequent year during the Term, Pacific shall pay the City $44,000 per year which City agrees to use for purposes of partially funding a recycling public information and enforcement program ("Recycling Education Program"). The parties agree to meet and confer from time to time in order to assess the effectiveness of the Recycling Education Program, and, if necessary, to agree upon appropriate modifications thereto. City shall have lead responsibility for directing the development and implementation of the Recycling Education Program. City also agrees to take such steps as may be reasonably necessary to protect Franchised Recyclables placed at the curbside for collection by Pacific under the terms of this Franchise and shall reasonably enforce the existing anti-scavenging ordinance, as it may be amended from time to time by City. 8.9 Recvclinq Proqrams Severable. The residential curbside recycling service, the large multi-family recycling service, and the residential Yard Waste recycling service required hereunder are each subject to the performance standards and Franchise conditions detailed herein. For purposes of measuring satisfactory performance, and for enforcement purposes hereunder, Pacific agrees that its performance of each of these individual recycling services will be considered severable from each other, and from the Solid Waste disposal services. 8.10 Special Termination Provisions. It is the intent of the City that the term for the provision of each of the recycling services shall run concurrent with the term of this Agreement, subject to a two year notice of cancellation by the City without cause. In addition, curbside and large multi-family recycling programs shall each be subject to a six month cancellation in the event Pacific fails to achieve the Minimum Performance Standards attached hereto as Exhibit and incorporated herein by this reference. 8.11 Recvclinq Proqram Expansion. It is the City's intention to develop a comprehensive recycling program to reduce the amount of material being disposed of in the county landfills and to comply 27 / / j.P( with the mandates of the California Integrated Waste Management Act of 1989 (AB 939). Pacific agrees to use its best efforts to assist the City in meeting such mandates by adding commodities to existing programs as resale markets are identified. In addition, such efforts shall include meeting and conferring with the City to develop and implement a recycling program incentive for single can users within 180 days of the Franchise. Pacific also agrees to meet and confer with the City to direct recovered materials futures to local manufacturers developing or improving long term markets at a comparable or greater net value. Contracts with non-Affiliates previously provided to and approved by City shall not be governed by this meet and confer obligation. However, Pacific shall meet with City to address such opportunities prior to renewing or entering into any new contract. Both parties hereby agree that the City may not go out to bid for the expansion of this recycling program until after the City has met and conferred with Pacific with regard to its intent to do so. If separate amendments to this Franchise for refuse collection are not negotiated between the City and Pacific as a result of such meet and confer process, the City may go out to separate bid. 9. Insurance and Performance Bond. 9.1 Pacific agrees, at Pacific's own expense, to carry comprehensive public liability and automobile liability insurance coverage during the full term of this Franchise, with City also named as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Pacific, under this Franchise in an amount not less than $1,000,000 for injuries including death to anyone person and in an amount not less than $5,000,000 for any one accident or occurrence, and property damage in an amount not less than $200,000. Pacific further agrees to carry, at Pacific's own expense, workers' compensation insurance in accordance with the laws of the State of California. All of said insurance policies, or certificates thereof, shall be deposited by Pacific with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation, modification or reduction of the limits of the policy until ninety (90) days after written notice to the City by registered or certified mail. Such policies shall guarantee payment of any final judgment rendered against Pacific or the City within the coverage provided, irrespective of the financial condition of, or any acts or omission of, Pacific. All of said policies shall be subject to the approval of the City attorney. 9.2 Pacific shall secure and deliver to the City Manager a twelve (12) month performance bond in the amount of $1,000,000 to secure the full, true and faithful performance of all their terms, obligations and conditions of this Agreement on the part of Pacific. Pacific shall present said bond together with a 28 / / - L/5 certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto and provide a one-year renewal and certificate of payment prior to the start of each year of this Agreement. 9.3 In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Pacific to provide such other insurance and/or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this Franchise may be suspended or terminated forthwith by City, by written notice thereof to Pacific. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Pacific by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Pacific to secure and maintain on file said insurance and/or bond during the full term of this Franchise, Pacific shall be liable for any and all damages suffered by City arising out of such suspension or termination. 10. Hold Harmless. Pacific shall indemnify, save and hold harmless, City and any officers and employees thereof against and from all damages, judgments, decrees, costs and expenditures which City, or such officer or employee, amy suffer, or which may be recovered from, or obtainable against City, or such officers or employee, for, or by reason of, or growing out of or resulting from the exercising by Pacific of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Pacific or its servants or agents in exercising the Franchise granted hereby, and Pacific shall defend any suit that may be instituted against City, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by Pacific of any or all of the rights or privileges granted hereby, or by reason of any act or acts of Pacific, or its servants or agents, in exercising the Franchise granted hereby. This hold harmless clause shall apply to any extension of the Franchise. 11. Remedies for Default; Resolution of Dispute. 11.1 Defaults. The occurrence of anyone or more of the following events shall constitute a material default and breach of this Franchise by Pacific: 11.1.1 Pacific's failure to make any payment of the Franchise Fee or any other sum due under this Franchise, as and when due, where such failure shall continue for a period of ten (10) days after written notice from City that such amount was not paid on the date such payments is due; 29 //-fb 11.1.2. Pacific's failure to observe or perform any of the material covenants, conditions or provisions of this Franchise to be observed or performed by Pacific, other than a monetary default as described in Subsection 11.1.1, above, or a minor default as described in Section 11.2.1, below, where such failure shall continue for a period of thirty (30) days after delivery of written notice thereof from City to Pacific; provided, however, if the nature of such default reasonably requires more than thirty (30) days to cure, then Pacific shall not be in default in the event that Pacific shall commence cure of such breach within the foregoing thirty day period and diligently prosecute such cure to completion; or 11.1.3 Pacific files for bankruptcy protection, or is placed involuntarily into bankruptcy, control of a material portion of its assets thereof is assumed by a receiver or trustee or assigned for the benefit of its creditors, and such proceeding or condition is not dismissed or vacated within thirty (30) days of its commencement; or 11.1.4 Pacific's continuous commission of minor faults as more specifically described in Section 11.2.1, below. 11.2 Remedies Upon Pacific's Default. Upon the occurrence of any event of default by Pacific, City shall have any and all remedies available to City at law or in equity. Without limiting the generality of the foregoing, City shall have the following remedies: 11.2.1 Liquidated Damaqes. a. The City may assess liquidated damages against Pacific for unsatisfactory performance under the terms and conditions of this Franchise. A description of the actions or omission which will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit City will provide Pacific with five (5) days written notice of any proposed assessment. Pacific will have the right to appeal the City's assessment to the City Manager in accordance with the dispute resolution procedures set forth in Section 11.5 hereof. b. Notwithstanding the foregoing, if more than 200 individual penalties, or $7,500 in aggregated damages are imposed with respect to any calendar quarter, Pacific shall be in material default under the Franchise and City shall be entitled to pursue any and all additional remedies provided hereunder including termination of the Franchise but without the obligation to provide Pacific with an opportunity to cure. 11. 2.2 refuse to comply if such failure, Termination. If Pacific shall fail, neglect or with any of the conditions of this Agreement, and neglect or refusal shall continue for more than 30 //- 47 thirty (30) days after written demand by the City Manager for compliance therewith, then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and Franchise granted hereby, and all the rights, privileges and the Franchise of Pacific granted hereby shall thereupon be at an end. Thereupon and immediately, Pacific shall surrender all rights and privileges in and to the Franchise granted hereby. 11.2.3 Self Help. In the event Pacific fails, refuses, or neglects to collect and dispose of Solid Waste or Franchised Recyclables set out or placed for collection at the time and in the manner herein required, City may collect and dispose of the same or cause the same to be collected and disposed of and Pacific shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Pacific. The collection and disposal of refuse by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Pacific's breach of contract. 11.2.4 Remedies Cumulative. No provision herein made for the purpose of securing the enforcement of the terms and conditions of the Franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. 11.3 Citv's Default. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder if Ci ty fails to cure such default wi thin thirty days after the receipt of written notice from Pacific specifying such default; provided, however, if the nature of City's default is curable, but more than thirty days are required therefor, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues the same to completion. Upon any default by City hereunder, Pacific shall be entitled to pursue any and all rights provided at law or in equity. 11.4 No Waiver of Remedies. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof. 11.5 Administrative Review of Disputes. Either party hereto 31 /I-~f' may give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute. The City shall keep a record of the proceedings conducted and information presented during such meeting. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non-binding arbitration, or by either party to legal proceedings. In the event either party has referred a dispute to any administrative proceeding, or both parties have referred the matter to arbitration, neither party may act to terminate this Franchise for cause except at the conclusion of the meeting of the parties held pursuant to this Section. 12. Renewal. This Franchise may be renewed pursuant to Municipal Code Section 8.23.060 which provides as follows: Where a contract or Franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or Franchise, the City Council, without inviting bids or proposals therefor, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as the City Council may provide. The City Council shall, however, whether considering a contract or a Franchise follow the procedures established by Article XII of the Charter for notice and hearing. 13. General Provisions. 13.1 Authoritv. Each party represents that it has full right, power and authority to execute this Franchise and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Agreement on behalf of such party are duly authorized agents with authority to do so. 13.2 Assiqnment. Except as expressly provided herein, neither this Franchise, nor any rights or interest herein, shall be assigned by either party without the prior written consent of the other party. Any attempted assignment in violation of this Section shall be void and shall constitute a material default entitling the other party to terminate this Franchise. In addition, both parties agree to comply with any and all provision contained in the Municipal Code governing the change of ownership of Pacific or the transfer of this Franchise. 13.3 Counterparts. This Franchise may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party ohs signed 32 II-~f such a counterpart. 13.4 Entire Aqreement. This Franchise, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 13.5 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference. 13.6 Governinq Law. This Franchise shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 13.7 Notice. Any notice that may be given to either party under or with respect to this Franchise shall be deemed to have been given when delivered personally or when sent by registered or certified mail, postage prepaid, addressed as follows: PACIFIC: Pacific Waste Service 881 Energy Way Chula Vista, Ca. 91911 Attn: CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, Ca. 91910 Attn: 13.8 Successors. Subject to the restrictions on assignment and change of ownership contained herein, all terms of this Franchise shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns. 13.9 Waiver. the waiver by one party of the performance of any term, provision, covenant or condition shall not invalidate this Franchise, nor shall it be considered as a waiver by such party of any other term, provision, covenant or condition. Delay by an =y party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure. 33 //-50 IN WITNESS WHEREOF, Pacific and City have entered into this Franchise Agreement effective as of the date first written above. CITY: City of Chula Vista, a municipal corporation By: Shirley Horton, Mayor Attest City Clerk Approved as to form by City Attorney H: \home\attorney\trash. fan PACIFIC: Allied Waste Industries, a dba Pacific Waste Services By: [Print Name and Title] By: [Print Name and Title] 34 /;-5/ ~~ I The fees, vehicles and safety equipment used for collecting standard household waste are not designed to handle large quantities of construction or landscape debris. When building, remodeling or re-landscaping homeowners shall be encouraged by the City and Pacific to reuse materials on site whenever possible. When homeowners cannot reuse the materials on site they should contact Pacific Waste Systems to request an appropriately sized demolition recycling or waste bin. Residents may also haul the waste to an appropriate recycler or landfill themselves. Construction and demolition debris is not considered standard residential waste. Household waste service is not an acceptable means of disposing oflandscape or demolition debris in excess of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the following guidelines: A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an incidental part of regular home occupancy will be collected as long as the driver believes it is safe for him and the equipment to do so, The material must be free of protruding nails, glass or sharp objects, The demolition debris must be less than 10% of the total waste being collected and the Pacific collection personnel makes the final determination regarding the 10% limit. Standard, manual trash containers must weigh less than 60 pounds when collected and an automated container must weigh less than 250 pounds (or the maximum weight identified on the container by manufacturer) when collected, Wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into a waste receptacle or tied into bundles weighing less than 35 pounds each, Non painted or treated wood should also be free of nails or sharp objects and should be bundled and placed as yard waste not trash. Pacific shall sponsor a total oftwo Community Clean-up Day events per calendar year that provide free disposal & recycling for concrete, asphalt, yard waste and other demolition debris to Chula Vista customers. When quoting a demolition roll-of or bin for concrete/asphalt, clean dirt and wood the customer should be instructed to keep the items separate from each other and regular garbage so it may be recycled not land filled. 11-5'1- , First Contact - Generator to be tagged and served. Item(s) should be collected either as a recyclable, bulky item or trash on the same day as regular service unless the collection of items would be hazardous to Pacific personnel or equipment or their collection is specifically prohibited by federal, state or local law. The tag should identify the specific violation (Grantee shall preserve the stub demonstrating proof of notice for one year). Information on trash, recycling, yard waste or bulky collection shall be left with tag to instruct customer on future set outs. Second Contact - Generator receives a tag only (preferably marked 2nd request), information is forwarded to the City. The City shall then send a letter and instruction regarding violation and warning of fine to customers and faxes list of addresses notified to Pacific. Pacific shall continue to tag address if necessary and forward information to City. Fines - A first fine may follow no sooner than 15 days after notice from the City. The first fine shall be up to $3 per applicable service. A second fine shall be up to $5 per applicable service. A third fine and each fine thereafter shall be up to $10 per applicable service. Substantiated fines are part of the regular refuse fee and are subject to collection in the same manner. 1/" 53 GENERAL REPORTING REQUIREMENTS Quarterly and annual reports shall include a commutative and up to date accounting of the monthly report form included as Exhibit _. They shall also include the market price received for each commodity in the Quarterly and Annual Reports (quarterly average is acceptable). The weight receipts and market value for material at the time sold shall be available for inspection by the City upon request under the provisions outlined in section _ regarding right to audit. Pacific shall not be expected to include actual revenues for the most recent month in the monthly reports however they shall make a good faith effort to include them in the quarterly reports by the 22nd day of the month following the end of each quarter. Pacific shall update actual revenue no later than the first monthly report due date or the 52nd day following the end of the quarter. The Quarterly and Annual Reports shall also include a sununary of customer service inquiries taken by Pacific Customer Service Staff for Chula Vista. The report shall include an outline of any future operational or customer service adjustments that may be necessary to reduce or eliminate the general type of service inquiry or complaint in the future. 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"3 c!3 0 <:> '" ~ ~ 0 ~ u 0 ~ u U U ....:i Z f-; u ~ < (:Q ;:2 u ::B 0 /1-58" DRAFT Proposed Maximum Rate Schedule- Initial Maximum Rate as of September 4, 1997 & Subject to Increase June 30, 1999 " Service Type" "Maximum Franchise AB 939 Fee HHW Total Rate" Fee (8%) (1%) Fee 1% SMALL GENERATORS: Residential: Trash, recycling and $13.20 yard waste services Residential Multi-Units- Trash, $9.05 Recycling & Yard Waste Mobile Home Parks Per Coach $9.05 (Individual Can Service) Trash & Recycling No Yard Waste Senior Program Monthly all services included CommerciallIndustrial (once, twice and three times per week LARGE GENERATORS $76.80 One 3 cubic yard bin 1 x week BIN BY FREQUENCY COMPACTOR ROLL-OFF Commercial Container Recycling Commercial Fiber Recycling //---59 Service Levels Time Line 75% of all dwellings consisting of9 units or less (835 units) are converted to curbside 180 days recycling (Pacific may establish collection at an on site central location versus the curb). 100% of all dwelling units consisting of 9 units or less (1,113) are converted to curbside 360 days recycling (Pacific may establish collection at an on site central location versus the curb). 75% (95 Complexes) multi-family complexes of 10 units or more have one or more free 180 days mixed paper bins and service as needed to divert 90% of the mixed paper generated on site. 100% (125 or more as determined) multi-family complexes with ten units or more have 360 days one or more free mixed paper bins and service as needed to divert 90% of the mixed paper generated on site. Diversion from the Multi-family recycling program shall increase from (1)93 tons per 270 days month (last eighteen month net average) to 125 tons per month. Diversion fr(lm the Multi-family recycling program shall increase from 93 tons per month 540 days to (1)250 tons per month, (Inclusive of additional materials recycled in the multi-family bulky pick-up program or any rigid containers added to future multi-family collection). (I)For the purposes of performance review, the monthly tonnage benchmark shall be adjusted by an amount equal to the 93 tons per month current average diversion from multi-family recycling, divided by the total number of units served (20,031), times the number of units moved to curbside recycling service: 93 tons -<- 20,031 x 1,113 = 5.17 tons. //- 60 Christmas Tree Collection Program Multi-Familv Program 10 units or Greater The City and Pacific shall conclude discussions regarding program public information prior to November 1, so that the City may distribute public information in commercial bills by December 1 of each year. The City shall distribute public information (a flyer) to occupants that informs residents of their need to contact their complex manager to identify the location and date trees will be collected. Pacific shall contact each property manager or complex owner as necessary to arrange for a bin, roll-off or hand pick-up location(s) at each complex. The number and combination of bins, roll- offs or locations at each complex shall be sufficient to provide for the free collection of all Christmas trees set at the collection point from all complexes by the January 8th of each year. Pacific shall work with the City to establish and promote up to two collection days between December 28th and January 8th for each complex. Pacific may charge up to $3 per tree or $25 per half hour for additional tree collection requests by multi-family complex representatives. Pacific may request and the City will not unreasonably withhold a request to extend the collection period needed to collect trees. Pacific may ask complex representatives to assist by cutting trees into four foot lengths before collection however, Pacific must collect all trees set at the collection point. Pacific shall treat trees as part of the City's green waste program and they may be combined with regularly scheduled commercial green waste or residential green waste collection for material generated within Chula Vista City limits. Single Familv Dwelling Program (nine units and under) All Christmas trees will be collected as part of the curbside residential green waste program on the same day as curbside trash, recycling and green waste collection service. Flocked trees shall be collected as trash and any trees that have metal stands that would be hazardous to equipment or personnel may be tagged and left with instructions for the generator. The City shall work with Pacific to annually revise the public education materials distributed to residents to improve their participation in safe and efficient collection of trees. Public Information and Collection Applicable to Both Programs The City's public information shall also strongly request that residents remove all ornaments, tinsel, and steel or plastic stands from all Christmas trees before placement. The information will request that residents cut all trees into four foot lengths or less whenever possible before placing them out for collection and request that they place any flocked trees with trash for collection after also cutting them. However, Trees often feet or more may be tagged and left with a request for the customer to cut the tree for safe and efficient collection. //-- 6/ The free program is intended to collect only those items generated from the dwelling units as a part of normal residential use. Pacific shall provide up to one free service stop per month for non-hazardous, non-infectious materials such as a sofa, chair, mattress, lawn furniture, barbeque, or appliances that can be easily and safely moved by hand or hand truck. Free collection does not include construction & demolition debris. Free Service is to be provided on an on call basis, with 48 hours notice from the customer. Colle(;tion to be performed on the same day as Residential Trash for their service area. Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall weigh less than 60 pounds ifthey need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot widths, rolled into sections weighing under 55 Ibs and secured with twine or packing tape so that it can also be moved by a hand truck. All items for one complex must be ready for collection at one time and at one location in the complex that is accessible to the Pacific bulky collection vehicle. Location to be established at the time of 48- hour notice. Free Collection is limited to up to 5 items for every ten units in the complex. (ie, a building with II units gets up to 10 items a building of2l units gets up to 15 items). Collection of more than the standard number of items will result in a charge of up to $3 per item. Additional items that are not collectable by hand-truck will be subject to a $25 per half hour charge. Collection on any day other than the standard day may include a service charge of up to $25 for up to the first five items and up to $3 for every additional item. Loose construction/demolition, yard waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility (see demolition guide) or the customer may subscribe to temporary roll-offbox/bin collection service with Pacific as appropriate. Pacific shall sponsor a total of two Community Clean-up Day events per calendar year that provide free disposal & recycling for concrete, asphalt, yard waste and other demolition debris to Chula Vista customers. II -'6J- The program is intended to provide residents with free collection service for bulky items generated from the "standard" residential use of a single family dwelling. The "standard" is based on the number, frequency and type of items generated. Items that do not meet that standard may be subject to additional fees. Free service includes up to one free service stop ner week for non-hazardous, non-infectious household bulky items such as a sofa, chair, mattress, lawn furniture, barbeque, or appliance than can be easily and safely moved by hand or hand truck. Free bulky service does not include items brought from another location or generated from a business such as an auto mechanic or upholstery business conducted at home. Such items will be subject to a fee of up to $3 per item or $25 per half hour. Collection of more than 10 household bulky items in any week, or 60 items in any 90 day period may be subject to a surcharge of up to $3 per item or $25 per half hour charge. Pacific shall provide service on an on call basis, with 48 hours notice from the customer on the next regular residential trash service day for that residence. Whenever possible, the customer should dismantle or break down items so they may be easily and safely collected. Each items shall weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck.. Collection of items that cannot be safely collected with a hand truck may be subject to a fee of up to $25 per half hour or may be tagged with an explanation and left. Collection on any day other than the standard refuse and recycling day is subject to an initial service charge of up to $25 for up to the first five items and up to $3 for every additional item. Loose construction demolition, yard waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop-off facility or the customer may subscribe to temporary roll-offbox/bin collection service as appropriate. Pacific shall sponsor a total oftwo Community Clean-up Days per calendar year which provides Chula Vista customers with free disposal & recycling for bulky items, yard waste and demolition debris. The two Community Clean-up Days will be scheduled and conducted within twelve months after the agreement. Pacific agrees to meet and confer with the City at the end of the first twelve month period to determine ifthe second annual event is still necessary to reduce or eliminate improper disposal. //--/,3 The parties agree that calculating damages caused by Pacific's failure to adhere to performance standards is difficult if not impossible to ascertain. consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof, and Section 11.2 of the Franchise. 1 Missed Pick Up Failure To Collect Missed Pick-up Within 24 Hours $25.00 Response Time [Section _ ] Each Additional 24 Hour Period. $25.00 2 Failure To Record Failure To Respond To A Customer Complaint Or $25.00 [Section _ ] Request Within 24 Hours Of Contact. 3 Improper Contractor Charges For A Special Service Not In $500 Imposition Of Accordance With Agreement Or Not Requested By The Special Service Customer. [Section _ ] 4 Spillage Or Litter Failure To Clean Up Spillage Or Litter Within 90 Minutes $50.00 [Section _ ] 5 Processing Claim Failure To Respond To A Claim Within Thirty Days of $100 For Damages Receipt and Initiate a Process to Resolve [Section ] 6 Remitting City Failure To Remit City Fees By The Fifteenth Of The 3% of the Fees Month Amount of [Section _ ] Late Payment 7 Providing Reports Penalty Assessed For Not Providing All Reports On Date $100 [Section ] Due: Each Additional Day Late: $25 8 Billing Problems Failure To Resolve A Billing Complaint Within Seven $25 [Section _ ] Working Days From The Receipt Of Complaint. Each Additional Day Problem Not Resolved $25 9 Container Supply Failure To Repair or Replace Inoperable Containerslbins $25.00 Within Fourteen Working Days Of Request. [Section _ ] Each Additional Day Problem Not Resolved $25.00 10 Unauthorized Contractor Operating During Hours Not Previously $100 Operating Hours Authorized By City //-b~ [Section ] 11 Sub-contractor Failure To Deliver Material To ORW Or Other City Provisions Approved Sub-contractor for Yard Waste) by end of their [Section _ ] scheduled working day on the same day as collection, or $250.00 if not reasonably possible by the following business day: Per Vehicle Load: 12 Tagging Failure To Tag or Otherwise Collect On The Same Day $25 Materials and Properly Dispose of Contaminated Or Improperly Set [Section ] Out Materials 13 Equipment Equipment Not Maintained To Franchise Standards. $25.00 Maintenance [Section ] 14 Excessive If Total Residuals From Curbside Recycling Program Contamination Exceed 2% and/or Multi-family Recycling Program exceed 4% of Total Material Collected in a Quarterly [Section _ ] Allocation Study $500 Plus Residual Disposal Cost For Quarter 15 Improper When Materials Collected From Source Separated Disposal Program Intended For Diversion Are Disposed Of At A [Section _ ] Landfill Or Transformation Facility Without Prior Written City Approval Up To First Ton: $100 Every Ton Or Part Of A Ton Thereafter: $100 16 Excessive Damages Amount Increase When Contractor Has 25% Violations Received A Penalty For A Particular Service Indicator [Section _ ] More Than 15 Times. 25% After 15 Violations In A Category The Damages Amount Will Increase By An Additional 25% For Each 5 Additional Penalties. I. Cross References. Where an unsatisfactory service indicator includes a cross-reference to a Section of the Franchise, any additional or inconsistent performance standards set forth in such Section shall govern. 2. Followinl! Dav Oblil!ations. In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day, Pacific's right to cure shall be extended until the following business day. 1/-65 3. Penalties for Additional Davs in Breach: Minor Violations. Pacific may obtain relieffrom "Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City's reasonable approval. In addition, miTIor occasional violations with advance notice from Pacific and prompt cure may be excused at the discretion of the City Manager. 4. Billing Problems. With respect to Unsatisfactory Service Indicator No.8, Billing Problem, in the event that the billing complaint cannot reasonably be resolved within the seven working days provided, Pacific will take additional time to resolve the problem so long as it diligently attempts to resolve same promptly, and the dispute is resolved by no later than the first day of the next billing cycle. 5. Notice. City shall notify Pacific within 7 days after City's actual receipt of notice ofa violation of the performance standards, above. City's failure to provide such notice shall absolve Pacific of the damages remedies hereunder. 6. Process for Imoosition. Damages to be collected by City hereunder shall be imposed with respect Pacific's performance under the Franchise for each calendar quarter. City shall notify Pacific of the damages amount due and payable within fifteen days after its receipt of Pacific's quarterly performance report. Damages shall be imposed at the discretion of the City Manager in accordance with the terms and conditions of this Franchise, and this schedule. Damages need not be imposed if the City Manger determines that violations were so minor as to not warrant the imposition, or that extenuating circumstances exist. City may only impose liquidated damages with respect to the immediately preceding calendar quarter. Any damages not imposed, for any reason, shall be waived by City and may not be subsequently imposed. Subject to its appeal rights, below, Pacific shall pay any damages amount imposed within fifteen days of written notice thereof. Failure to pay damages amounts when due will result in a 5% penalty, plus interest on the amount owed accruing at the rate of 6% per annum until paid 7. Administrative Aooeal Rights. Pacific may appeal the imposition of any damages amount to the City Council by first paying such amount. Any City Council decision shall be final. As an alternative, Pacific can refer any disputed imposition to the Administrative Dispute proceedings set forth in Section 11.5 of the Franchise. 8. Third Party Delavs. Pacific's failure to report required information in a timely fashion due to delays caused by third parties shall not be subject to damages under this Franchise. 9. Meet and Confer. In the event that the parties mutually determine that, due to unforeseeable circumstances, the performance standards set forth in this schedule are impractical or impossible to satisfy, the parties agree to meet and confer to determine whether or not a minor modification of such impractical or impossible performance standard can be made without undermining the overall quality of service required under the Franchise. Not withstanding the foregoing the City reserves the right not to approve any proposed modification ofthe schedule or this franchise in its sole discretion. //-t-b COUNCIL AGENDA STATEMENT ITEM TITLE: Item / ".( Meeting Date 07114/98 RESOLUTION /9/J ?~APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SDUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR ECONOMIC DEVELOPMENT COOPERATIVE EFFDRTS SUBMITTED BY: Community Development Director (~\ C;V1L City Manager j"~ i) ( (4/!iths Vote: Yes_ No"!""l REVIEWED BY: BACKGROUND: Council appropriated funding for the South San Diego County Economic Development Council (SCEDCI in FY 1995/96. FY 1996/97. FY 1997/98. and FY 1998/99. A Memorandum of Understanding (MOUI with SCEDC was approved by Council for FY 1995/96. FY 1996/97. and FY 1997/1998. The MOU called for coordinated economic development efforts and required quarterly reports from SCEDC in exchange for the City contributions. Council appropriated current year funds with the stipulation of a required renewal of the MDU with SCEm;. Staff is requesting that Council formally authorize the Mayor to sign the renewed FY 1998/99 MOU which contains no substantive changes. RECOMMENDATION: That Council adopt the resolution approving the renewal of the MOU with the South San Diego County Economic Development Council (SCEDCI. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: I. FUNDING LEVELS Council appropriated $7,500 in FY 1995196 and FY 1996197. and $10,000 in FY 1997/98. The FY 1998/99 appropriation is $10,000 and is reflected in the renewed MDU. II. DUTIES As noted, the proposed MOU contains no substantive changes from those approved by Council for FY 1997198. The key duties are summarized below. J~ --j Page 2, Item _ Meeting Date 07114/98 A. Reoresentation on Boards and Committees SCEDC: The Chula Vista Council may appoint a representative from among themselves to sit on the SCEDC Board as a voting member. Currently, Councilmember Salas is the City's voting representative, and Councilmember Moot is the alternate. Additionally, City representatives - Council and/or staff -may attend all Board meetings as non-voting members, and can participate in standing committees. Councilmember Salas is the Chair of the Transborder Business Development Committee. B. Enhanced Coordination/Assistance to Chula Vista Businesses The MOU provides for the signatories to cooperate with and assist the City of Chula Vista, particularly the City's Community Development Department. in areas of business attraction and retention. C. Quarterlv Reoortina The MOU requires the SCEDC to submit quarterly reports. These reports require SCEDC to quantify business assistance, by category (e.g. attraction, retention, expansion), countywide as well as within Chula Vista. Payments are made in two installments upon receipt of 2nd and 4th Quarter reports. D. Q1Y... The City agrees to continue to coordinate with the SCEDC in terms of responding to business referrals and inquiries, providing Chula Vista promotional materials, and participating in each entity's events as appropriate. III. RECENT ACTIVITY The South County Economic Development Council has made strides in further defining their niche of promoting the South County and cooperative economic development with Tijuana. SCEDC has developed strong ties with the Tijuana Economic Development Corporation and the Tijuana Economic Development Council, among other groups promoting the binational region. The Tijuana EDC will again assist in hosting the annual Economic Summit, that will be a joint SCEDC/Urban land Institute (UlI) event. The participation of nationally recognized UlI will significantly raise the profile of the event. SCEDC has also taken a leadership role in studying the potential of expanding the utilization of Tijuana's Rodriguez Field by commissioning a study of developing a crossborder air terminal at Otay Mesa. In addition, SCEDC has become involved in workforce development issues in the South County, and will be partnering with South County Chambers to place the unemployed with local businesses. I ~ .- --<- Page 3. Item _ Meeting Date 07l141l1B Further information regarding the undertakings of SCEDC over the past two quarters of FY 1997/98 is included in the attached Quarterly Reports. Activities have included publishing the "Briefings" newsletter in which current projects in the City of Chula Vista are profiled along with other Cities in the Southbay; participating in several tradeshows at which City of Chula Vista promotional material was distributed; and participating in andlor hosted several receptions and delegations promoting economic development topics and projects of benefit to the South County. FISCAL IMPACT: Council approved $10,000 for SCEDC in the Community Development Department FY 98/99 budget (Account 100.0261-5223). IDDAI H:\HOM~COMMDEV\STAFF.REP\D7.14.98\SOCD.EDC [JoIV 8. 1998 12:48pmll /~~J RESOLUTION NO. /9t??/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL FOR COOPERATIVE ECONOMIC DEVELOPMENT EFFORTS WHEREAS, the City of Chula Vista has determined that business development and job creation are important to the City's economic health and stability; and WHEREAS, the City recognizes the importance of participating in regional, as well as local, economic development efforts; and WHEREAS, the South County Economic Development Council (SCEDC) plays a major role in South Bay's economic development efforts; and WHEREAS, the City, as part of the fiscal year 1998-99 budget, appropriated $10,000 to fund SCEDC activities; and WHEREAS, the Memorandum of Understanding provides for quarterly reporting of activities which benefit the South San Diego region, specifically Chula Vista, and representation on the SCEDC Board and various committees; and WHEREAS, the SCEDC understands that the future funding requests will be evaluated in light of SCEDC's performance as reflected in their quarterly reports. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby find, determine and resolve to approve the agreement between the City of Chula Vista and the South County Economic Development Council in the form presented, a copy of which shall be kept on file with the Office of the City Clerk as Document No. QS -III, and authorize and direct the Mayor to execute the agreement in a final form approved by the City Attorney. Presented by Approved as to form by ~~~ Chris Salomone Director of Community Development [(DOA) H:\HOME\COMMDEV\RESOS\scedc (July 2, 1998 00:10am)] ),2 ~1 MEMORANDUM OF UNDERSTANDING BElWEEN THE CITY OF CHULA VISTA AND THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL IN SUPPORT OF MUTUALLY BENEFICIAL SOUTHBA Y ECONOMIC DEVELOPMENT EFFORTS This MEMORANDUM OF UNDERSTANDING (MOU) is entered into and effective as of July 1, 1998, by and between the City of Chula Vista, a chartered municipal corporation ("City") and the South County Economic Development Council, a non-profit corporation ("SCEDC") with reference to the following facts: RECITALS A. WHEREAS, the City of Chula Vista has determined that business development and job creation is important to the City's economic health and stability; and B. WHEREAS, the City recognizes the importance of participating in regional as well as local economic development efforts; and C. WHEREAS, the South County Economic Development Council plays a major role in Southbay economic development efforts; and D. WHEREAS, the City as part of the fiscal year 1998-99 budget awarded SCEDC $10,000 to support their South bay economic development efforts; and E. WHEREAS, SCEDC understands that this City support is contingent upon the execution of a MOU which provides for quarterly reporting of activities which benefit the South San Diego region and specifically Chula Vista, and representation on the SCEDC Board and various committees; and F. WHEREAS, SCEDC understands that future funding requests will be evaluated in light of SCEDC's performance as reflected in their quarterly reports. NOW, THEREFORE, in consideration of the above recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and SCEDC do hereby agree as follows: 1. CITY OF CHULA VISTA DUTIES. 1.1 Financial Support. The City agrees to fund the efforts of the SCEDC in the amount of $10,000 in fiscal year 1998-99, contingent upon the receipt of four (4) quarterly reports and representation on the Board and committees as stipulated in this MOU. Payment shall be made in two equal installments of $5,000 each. The first payment will be made upon receipt of a SCEDC invoice and delivery and City approval of the 2nd quarterly report. The second payment will be made upon receipt of a SCEDC invoice and delivery and City approval of the 4th quarterly report and the SCEDC annual report. 1.2 Response to Inquiries and Business Leads. The City will continue to cooperate with the SCEDC by providing timely responses to information requests regarding the site or building availability, incentives, permit processing and other issues related to business development in Chula Vista, as well as to provide proactive follow-up to business referrals. [(MD)c:\wp51\dcK:umenl\599.9B (SoCoEOC) (rev. July 6, 1998)J J.2'-S Page 1 Memorandum of Understanding 1.3 Participation in SCEDC Sponsored Events. The City will continue to participate in and coordinate with events sponsored by the SCEDC as appropriate and within budgetary constraints. 1.4 Availability of Chula Vista Promotional Materials. The City will continue to provide SCEDC with promotional materials and information both proactively and as requested to assist SCEDC in promoting the South bay region and to highlight Chula Vista information as appropriate. 1.5 Acknowledgement of SCEDC. The City agrees to acknowledge SCEDC contributions which lead to the successful attraction or retention of desirable business or development in Chula Vista. 2. SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL DUTIES. 2.1 SCEDC Board and Committee Representation. The SCEDC agrees to the City of Chula Vista Council selecting a representative from among themselves and one altemate to represent Chula Vista on the SCEDC Board on a yearly basis. Further, the City of Chula Vista may appoint Councilor staff liaisons to attend the Board meetings as non-voting members. The City of Chula Vista shall also be invited to appoint 1 or more representatives to any of the SCEDC advisory committees. 2.2 Referral of Business Leads. The SCEDC will continue to forward all business development leads to the Economic Development division within Chula Vista's Community Development Department in a timely manner. Sources of leads will include, but are not limited to, the State's Trade and Commerce Agency; SCEDC inquiries generated by ad placements, conferences and trade shows, and trade missions; general "call-ins" and "walk-ins"; and other sources, including other public or private entity referrals. 2.3 Retention Activities. SCEDC retention efforts will include Chula Vista companies in the survey, on-site visits, and interview process. 2.4 Promotional Materials. SCEDC promotional materials shall integrate information regarding Chula Vista assistance programs, development projects, special events, business trends, business support systems, demographics, amenities and other pertinent and general information as appropriate. 2.5 Public Relations. SCEDC's public relations efforts will proactively include Chula Vista program, activities and firms, including articles in the "Briefings" newsletter. [(MD)C:\wpS1\document\!599.98 (ScCoEDC) (rev. July 6, 1998)1 /02.-(p Page 2 Memorandum of Understanding 2.6 Public Policy. SCEDC's will proactively solicit Chula Vista public and private leaders to participate in public policy discussion forums and meetings, and Chula Vista involvement in the development of information to be distributed amongst policy makers, as well as the presentation of such information to the policy makers. 2.7 Trade Shows and Conferences. The SCEDC agrees to: 1) notify the Economic Development Division in advance of participation/exhibition attrade shows and conferences, 2) disseminate information regarding Chula Vista economic development efforts at the SCEDC booth, and 3) to encourage partnerships with Chula Vista in terms of shared space and/or co-staffing of the SCEDC booth. SCEDC also agrees to advise Chula Vista of opportunities to partner with SCEDC. 2.8 Trade Missions. The SCEDC will notify the Chula Vista Economic Development Division well in advance of foreign, out-of- city or out-of-state missions and of incoming business delegations and will invite Chula Vista representative(s) to participate. SCEDC will proactively seek and offer opportunities to Chula Vista to co-host these events, and to offer Chula Vista tours or receptions as appropriate. SCEDC will provide Chula vista with a list of the incoming delegation participants to facilitate..fQllow-up by Chula Vista staff as appropriate, and will share all trade mission generated leads. 2.9 Quarterly Reporting. Coinciding with the Chula Vista fiscal year, July 1 to June 30, the SCEDC will make quarterly reports to the City (with each report due at the end of the quarter) utilizing the reporting format provided in Exhibit 1. By responding to each item on Exhibit 1, the SCEDC will provide information regarding its economic development activities which have taken place over the reporting quarter and highlighting the benefit to Chula Vista. The quarterly reports will be due by the end of the month following the quarter (e.g. the 1st quarter report is due October 31, 1998). Where no activities have taken place in a particular category, the item should simply be marked "Not Applicable." The standardized reporting format allows for the SCEDC (and other economic development entities receiving funding from the City) to provide the following information, as applicable: a. Names of all businesses that the SCEDC has assisted, broken out by recruitment, retention, and expansion assistance, and identifying each businesses' original location, and relocation jurisdiction and site (as applicable). This information should highlight Chula Vista businesses assisted, and include the name and title of the Chula Vista business contact and phone. b. Names of businesses that were referred to City of Chula Vista staff for local assistance; information conceming follow-up assistance provided to these clients by SCEDC; and final outcome of client assistance (e.g. site selection; etc.). c. Names of business clients personally shown Chula Vista sites by SCEDC; information concerning follow-up assistance provided to these clients by SCEDC; and final outcome of client assistance (site selection). d. Copies of all marketing materials produced by the SCEDC during the reporting quarter and identification of information included in these materials which promotes Chula Vista and/or specific Chula Vista amenities, events, projects, programs, businesses, services !(MD)c:\wp51\document\599.98 (SoCoEDC) (rev. July 6, 1998)] );2 ~ l Page 3 Memorandum of Understanding or other pertinent activities. Upon execution of this MOU, SCEDC shall provide Chula Vista a list of all existing PR materials currently available to clients, and shall make available copies of these and of new materials as requested by the City on an ongoing basis. e. Listing of all marketing activities undertaken during the reporting quarter and an explanation of how Chula Vista was either represented and/or directly involved. This listing should include, but not be limited to: Print advertising Trade shows (exhibits) Conferences/seminars (presentations and/or sponsorships) Trade missions (both in-bound and foreign) . Business delegations/receptions PR efforts to promote positive news coverage Newsletters Press releases . Direct mail f. Quantification of all businesses visited as part of a SCEDC retention program, including respective names and locations, with Chula Vista businesses highlighted, and including the Chula Vista business contact name, title and phone. g. Identification of any business or other surveys conducted and explanation of how Chula Vista was represented and/or directly involved. h. Listing and description of any public policy forums and/or advocacy meetings held and explanation of how Chula Vista was represented and/or directly involved. i. Identification of any efforts made to promote utilization of regional firms for goods and services as part of the "Buy Southbay" program and explanation of how Chula Vista businesses were directly involved and/or represented. j. Description of efforts to support Chula Vista-initiated economic development efforts and special projects that actively seek regional, state and/or federal funding and/or programmatic support. Coinciding with the end of the Chula Vista fiscal year, the SCEDC will provide the City's Economic Development Manager with a copy of the SCEDC annual report. Ifthe annual report is not yet available, the SCEDC will notify the Economic Development Manager as to when the report should be expected. The SCEDC agrees to respond to requests regarding the SCEDC budget. 3. Miscellaneous. 3.1 Hold Harmless. SCEDC shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attomeys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcon- tractors, or others in connection with the execution of the work covered by this MOU, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. [(MD)c:\wp51\document\599.98 (SoCoEDC) (rev. July 7, 1996)] /:2 --~ Page 4 I'. _um ..1 Memorandum of Understanding SCEDC'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, SCEDC 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. SCEDCs' indemnification of City shall not be limited by any prior or subsequent declaration by the SCEDC. 3.2 Termination of MOU for Cause. If, through any cause, SCEDC shall fail to fulfill in a timely and proper manner SCEDC's obligations under this MOU, or if SCEDC shall violate any of the covenants, agreements or stipulations of this MOU, City shall have the right to terminate this MOU by giving written notice to SCEDC of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, SCEDC shall be entitled to receive just and equitable compensation for any services satisfactorily performed up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by SCEDC's breach. 3.3 Independent Contractor City is interested only in the results obtained and SCEDC shall perform as an independent contractor with sole control of the manner and means of performing the services required under this MOU. City maintains the right only to reject or accept SCEDC's work products. SCEDC and any of the SCEDC's agents, employees or representatives are, for all purposes under this MOU, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and SCEDC shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 3.4 General Provisions. This MOU constitutes the entire agreement between the parties with respect to the subject matter hereof and any and all other written or oral agreements with respect thereto are hereby superseded. This MOU may be executed in multiple counterparts which, taken together, shall constitute one agreement. [SIGNATURE PAGE FOllOWS] !(MD)c:\wp51\document\599.98 (SoCoEDC) (rev. July 7, 1998)] /,2-9 Page 5 Memorandum of Understanding Signature Page to the Memorandum of Understanding between the City of Chula Vista and the South County Economic Development Council in support of their mutually beneficial South bay development efforts. IN WITNESS WHEREOF, City and SCEDC have executed the Memorandum of Understanding thereby indicating that they have read and understand same, and indicate their full and complete consent to its terms effective as of July 1, 1998. SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL BY~C~ P-..R-..:- Doug ~erkins, Executive Director DATED: 7/~1 'N. ,1998 CITY OF CHULA VISTA BY: DATED: ,1998 Shirley Horton, Mayor APPROVED AS TO FORM: BY: DATED: ,1998 John M. Kaheny, City Attomey ((MD)c:\wp51\document\599.98 (SoCoEDC) (rev. July 6, 199811 /,,2--/t:l Page 6 Sent by: SOUTH SD COUNTY EDC 619 336 2474 07/0B/9B 1 :44 Job 524 Page 2 t South SIln ~ Cowty Economic DeYelopment Council '/be A/fmJub/Je CtlItfomia WiIbout Cmnprqmise. Quarterly Report of Activities to the City of ChuJa Vista For the Period of: January I - March 11, 1998 Promotional Activities List marketing matcrials produced during the quarter and higllh~IH any materials directly promoting the City of Chula Vista PROMOTIONAL ITEM C- NATURE OF ITEM & ... TARGET AUOIENC E Print All. San Diego Union-Tribune Promote SCEDC actiVities lU services U. S. busincsses Brochure.. .. c:: New..'/etter.. Briefings.Volumc IX, Numbcr L RqJortcd that the Raythcon Wintcr 1\198 cdition. Company would bc rcloeatill portion of its operations to CJ Visla Pre!i.. Re/ea..e,. or Other PR _..,~-- -.... ..-- .. Oirecf Mllil .. ld ._J HOW PROMOTES CHULA VISTA. AS APPLlC~BLE ---'-"". Chula Vista rccogni7.cd as funding source --- '-.. - _J .- - Chula Vista recognized as funding source .... I - .. 'T' ..~- ~"~ ga nda PTomotionafActivures List business outreach activiti\.~s undertaken during the qua Iter ll.lld ,11lghlight any activities directl} promoting thc City ofChula Vista "PROMOTIONAL ITEM NATURE OF ITEM & ........~. ............L TARGET AUDIENCE '''__' . Trude Show~' Expo Otay Olay Chambcr of Commerce Trade Show /~~/J HOW PROMOTED CHUUI VISTA:--' AS APPLICABLE --r rJistributcd City of Chula Vi~ia I punted maLl.:nal Sent by: SOUTH SD COUNTY EDC 619 336 2474 07/08/98 1 :45 Job 524 Page 3 Conferences, Semin(lr,~ SCEDC Plannirrg Relreat Annual M~'Cting "--- Tratte Mis,yiom I .. Bus Dete1!tltions/ Recention,~ KCC Cw, (T "w~) r"'~""'o goo. s." D,. Pt Mitra Salur Corp. (IndonesIa) 1-----. Shop Local Program .. JO Chula Vista Councilwoman Mary Salas participated in set ling . "... SCEDe's goals for 1998 -c= .. --..-..-.. Provided infonnalioll on available sites for rclocation in South San Diego. including information 011 Chula Vista "- ___M'__ Business Development Activities List business development aelivlties undertaken during the quaneI' and highlight how Chula Vista officials or businesses were involved, a.s applicable. NATURE OF ITEM.. ... ITEM TARQET AUDIENCE; '. Sun'cvs Conducted --. ...-. _. -l ~1>ublic Policr Forunu -.". S R \ID..' Mectings Otay Mesa Chambcr -. Regional Economic Prosperit, SANDAG advisory committee S lrategy Job Creation Welfare to Work COllnty of San Diego COllllllllt Task Force -... Tee/tH%gy Spedlllties ---r-' .. .. / .:!-J-<. T HOW PROMOTED CHULA VISTA, AS APPLICABLE [ ',. Participated as a strong advocate for "..-. SR 905 fundin" Participated in the discussion for the development of a regional economic dcwlopment strate",' .L~ Participated in the development of grant application to secure Job investment funds from the State of .. ,..l California ..,..--. 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N__ 0....'" 0"''''' 0"":";: O).....v(')O..... MN.....COOM No)cDNOcD ..- CD..... M ..... NN_ "'''' e .. .... .., :;:::1; .., '" Elll .. .... '" '" ~ ..,. .... ~'" .. ...; vi ~ ..0 r-:o N ~ ..,. '" "'..,. .., '" it '" "'- o N C l3 .. . 0: " " o ~ u c . 0: ........'" "''''''' oO('l').n ..,. ""0\0- ~;:;~; 2::Qo.Ntf"l "''''- s~ N~ .., '" -s~ '" '" ;; .... .. .... e .. '" .., ~ '" ..,. '" ~ .... ..,. ~<o ..0 ...; vi 00 ~ ...; .,; ~ <'" ..,. ;;0 :l .., it '" '" "'.. "' "I> " ~ O::O::O::€lii UU;l).....N(")ZO.c: lD <C<C< U m.Q:r~o..o..a..mu Oo:::wmUJwcnOt- I I I I .....NC"').IOCD.....COQ) lD lD lD lD m m lD lD lD C C C C C C C C C 000 0 0 0 0 0 0 NNNNNNNNN ~ -{ .. ~ -' ~ /0 . -. . Rancho del Rey Open Space District No. 20 Amortized Costs Amount Accumul8ted for Fiscal Y....: 80411, 81 82~.83~4.~.8~. FY 88-88 one Deacrlolion 86-87 87-88 Amount Wort o.scrlollon 1 Deallling BaaIn $134,818 $0 DeaIIling baaln __ (every 5 years) atE.HS!. $33,500 $0 S1abIIIzalIon atuuclurea mainlenlInce (every 3 yea..) $3 649 Miacellaneooa 2 Rice Canyon $4,365 $0 staging Area - A.C. overlay end alripe (every 5 yea..) Trail area $1,824 $228 Staging area maInlenance (30 year period) $8470 $0 Miscellaneoul 3 E. H atreel $0 $0 4 SPA 1 Phase 1 $32,016 $4,002 Monumenlation replacement (3O-yr period) (Busl..... Ctr.) 5 SPA 1, Phaoea2.e $292,976 $34,617 Theme wall & monument replacement (3O-yr) 6 SPA 2 $0 $0 7 SPA 3 $0 $0 8 Deallling Baaln $0 $0 _ Road to be buI~. at Glen Abbey 9 Telegraph Cyn Chann $1,_ $722 Money on depoall pending payment (SPA 3 area) Total $513 062 $39 569 Notes: 1. Zone 1 - $26,230 (5yra) & $8,700 (3 yra) for cIeaI~lng basin & stabilization atructuraa not collected beyond 5 yra per Code; Zone 2 $873 (5 yra) for AC not collected. 2. 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O"'l I'.u::U ~ ..AND s..QWIrI ON -..s .....E~DE::I ASSESSMENT ")U.G1t,w 1lIIl.., SA D ASSESSMENT was .haC ON ThE __ CIa, or _0 .. 1113. U'="tltNCt S MAX 10 ""N[ AS$tssWC"- 104.L lIceomCO .. THt Or':'ftt or .....t c;- tNCINCIIl: F'CI'I! TH[ tXACT ....OUIll... or [..C~ A!StUM[NT -tvIEC AC&IMST tACH .:l,,~o.. or ...&"0 !-()wtII ON TH-S AMEND!:) &SESStIi:~T "........ I;ITY CL.t1t0l: - C-" O. _eMu...,.t. W1srA ...." I. 1.13 &CIa ...." 11 - 1.1:2 ACI[S LQT 1C lUI AC1ItS LG'" 2A - 20.... .ACUS ...... 21 - %.&5 ACltS LQT JA 1.10 ACItS lttCOltDtD ... 1N[ onlCE: or .....t Cl':"'!' ENC;ING_ or r..t an or CMUJ. YlS"A THIS _ OAT or '111. !;;In 1....,,1.;.. - to: . 0' gw.... V~l" ruD II 1lI[ D"la or.....;: CT'" cU'lttC Dr .....r c"" OJ' CMUU, v.ST" THIS _ 0." Dr . 'HJ,. ~ OJ"" Q,iltl( - c;- or CMI,l... wESlA ~ .&SSrSSMtNT D ST'ItIC:"" 1OUNDd" ASStSSIlIDtT "",MItt "'L!I) TMtS _ tw.v Dr _. ."3 AT _ IN TN[ ~1Ct Dr TIot[ CDUhTT AUO..OJl or TN[ CDUMn Of SA" maoa. STAn or bL FQItNU.. --- . I I ~c~ ~/0I11,ij .~JGA~ D~" S"ACr e 2"" -.. '00 lICe l;QUHn .uc OR Of ~.. QlLJ;Q I;CU"'.... - - 0hMttN"'.... LAIIOSI:A~E c:a".lootC SCAL!: "I()If-IJl,ua:rc OPEN S"ACt , t:f'.Jf '. ~ ..an.a.rD _ _ _, ~. _._-- ~ =~.:s...-:&--- OPEN SPACE DISOlICT NO. 31 SHEET NO. 1 or . 31 __..._. :)..~...u 11 - ::J".. .~$._ OftIJol ..Jl """,...J,. :D'" ;r..l~ n!!!J~ oi~il ~~ lEt. ...!Ie i ...!I a;: i = >>p !!!!lU z;: Ot- "zc ,- c~ cBlW I:!l!lu !:.:: c~ =>e !el . .. " ~ '" ):=oA!!D 1Et~ .. !i;@ ~ lEt .... I e> g LEal I I - I I I mol I I I I ........, r _ I I - I Ii . I, I'll 'II , I; ~I 11.11.1 I 77 '!ll ---- - . -. . . . . I . I Z>1~+ric.~ I f> 0'-1.1'\ d At" . CIl""WN IT Z.A.O. - - - - . _. - - -. C~~[ 04-19_ 89 - - .... - ... ... . -- .. ..-- .-e" . - ,AN'II~IH'S . .NS'TAIlc,tH7 <D- ~ (S&7.DZ/.Z' ) . ~-- ...,J "" ~YS INN ..., ""''''C~ ~t)Da~ ~ - ($~70"Z/'38) .1 <D 'i" -- : tr\ JEt. TO,lf,rc I '" ~4SrAI.lIf,r,N7 i Ii . (567'''Z/0;7) Ii CD .!l. - - - Jj I/' il II .,~" 11 - - - IT - ~ T IfL!: "'J " 'l;{ " V) ~ \Q ..... ~ ...... BAY BOULEVARD --a-- LIGHTING a LANDSCAPING ).. ~ :k ~ I{J t'( ~ I.t) I !. --I - - - fI II Sr H - - - - .- - - - I I I i I - - - - oS r. 1/ - - - - - II - -<?, -- DISTRICT :s : :) O't ... ~ i II) , . o 1~/-.35 @) I 57":?ee 7 S/.lT'~ I ! FILE NO.JO-",.. TOIl/tV CENTER N~ I S7RE:T LICHT/Nt:; .;. L':'N!)SC":;:.= l;/':/Ni=N.J.NC': DISTRICT " .=" - @ o"".z-, ... .... @) ""'., -zz - @ O~~-Zl ~SSt:)/2S oo~ 0 044-Z0 S~8 0 04,4-" 0 044-18 .~ t?44 -17 04"-/~ €) tU4-1$ 0 044-/4- . 0 044;/3 . (!) 0<1-4 - 12 ~A VIDS&; V - @ 152-21 - @ /;z -20 ~ ~ 0 152-19 . ~ ~ ISZ-/~ @ 15Z-17 V) @ /52 - a .... Q ; 15Z-/6 ~ I~Z - " ~ 1~2 - /0 '4 e 15Z- D9 ,~ I~Z-t?8 l~ 1~2 - D7 ~. I$Z- Ou ASS ,s NR -- - ;;- =.J OWN By: JWIi O:'TE: -: 2LL . . -. . . 2 . 0'. ~ tiii.-... _.... -,,- ..... 27". Z" --'. @ - .. -'-- \. ., ~ -. -. '. I' --....-..- . .'_._'~-.- -..-- ..~ - ,-S :- ,t' C-C r.___ " .... :,j '" . . ~ ~ " ,... --@ -@-;-:. ASS~SS"RS ~""K Nt! 5~!J D". ~oh-i C:f..-' Bou._~ d o.ry . --:-e-- Z7""Z ------ '. --.-..,.( ..-. . .- - .--' . -. --:€T 27"" 23 - --- -_.'0. --..-- ~ ,.,. y ---. """ III ~ - '--..--. --.. - PA lfi'K W,A Y. o "(j' S7"R'.:~T =~-- .-- - ~ . .:-. __ '0 ~ ~ . .." -e. ---..-. 3~"-.~ ~ ~ .... .~ " -- I -- --- - .- e B. . E IC Sr. 3~4.~ @ ~ @ '0 -So -~$1:-O2 3$/-03 " t\ III . ~ '" 3.$"'Z3 @ ~ ~ a .IS()' ZS .1~'" Z, ~.$O. 20 .1S"'/9 . 51-1T ~ 0;" ~ --l F'lLE NO JO.OO:. -0 . / V c..- v ~ -.. 12._ 36' ... - -.. ~T - --;YT.I.': ,,-. c' I :,..." .:, ,"= UV "';/rr=,: /.,'....n IVW ,.. L ,. .,-t::c. -:;-;: "~'., '-:N.' 've'" .r;/5,--'/C-, ,...,.....,- ,.., - '.'''''''-'''- ,.., .: _ /"'r', OWN By: Jw~ OATE: ''\ L \ E- r -,.., ........,..'~J.' = ~ c:O - -- T"'" T"'" ~ \ !;Y I co ~ 3~ Sent by: SOUTH SO COUNTY EOC 619 336 2474 07108/98 1 :45 Job 524 Page 4 t South San ~ County Economic Development C..oundl 1IJe AJft>>'ritIJk QJI/.fomJo. mIboJII CvnlfJrumlse. Quarterly Report of Activities to the City of Chula Vista For the Period of: April I - June 30. 1998 Promotional Activities List marketing materials produced during the quarter and highlight any materials directly promoting tJle City ofChula Vista PROMOTIONAL ITEM NATURe OF ITEM & ..-- . TARGeT AUDIENCE .. Print A tis I --...- JJrochure.~ . I.. Newsletters Briefings,Volume IX, Number 11, Reported that Universal COnC(;[1. May 199& edition. Inc. is proceeding a.Iong with construction ofa state oCthe art amphitheater in Chula Vista. ... Pre.~s Release~' (}r Other PR 0... T .. ])irect Muil Flyer Welfare to Work Brcakfast 1.I. S. Businesses alld (Jovct'Jllul,m _.".",,~ -] HOW PROMOTES CHULA VISTA. AS APPLICABLE _=.r'" s. Chllla Vista recogni?.ed as funding source Promote event Promote .iob creation in South San Diego Chula Vista recognit.ed as nmding source ProlnotionalAcilvUies List business outreach activities undertaken during the quarter and hIghlight any activities directly promoting the City ofChula VIsta. PROMOTIONAL ITEM NATURE OF ITEM & TARGET AUDIENCE I HOW PROMOTED CHULA VISTA, AS APPLICABLE Trude Sh(}w.. BUSIIlcss to Business Expo Distributed City of Chula Vista pnllted material COllnty of San Diego Trade Show /,)-/3//.2. -/~~ Sent by: SOUTH SD COUNTY EDC 619 336 2474 07/08/98 1:46 Job 524 Page 5 -'-- C(}n(erences, Semina.rs Improving Trade Infraslrueture for San Diego Dialogue Breakfast Discussed integration of regional a More Competitive Binational infrastructurc assets Region ___m lNltle Mi...yion.. --.... . ml ....".....,.- 8u.. Delegation.'II ReceDtion.Y ---.-- SC EDC Apri I 1998 Buard Husted Tijuana Economic COT made a rrcs~'l1talion on its 1 'I'll! Mccting Development Council (COT) Strategic Plan SCEDC June 1998 Board Meeting Hosted Luis Herrera-Lassu. CUIISU! H"I'f"ra-Lasso spoke in Consul General of Mexico rcgard to the current work of the consulate -- Bus Service fur Otay Mesa Otay Mesa Chamber of Discussed pl'Oviding bus service on Commerce Roundtable Otay Mesa Bus service on Ota" Mesa could mean more residcnts of the East part ----- of Tiiuana shoooin!! in Chula Vista -_... Port of San Diego Breakfa..t Honored An Wcnhin, COm-ill I General of China ---..... Rack Technologies (Charlotte, Business Expansion Provided infonnatjon on available NC) sitcs for expansion In Sout.h San Diego, including infurmalion on Chula Vista ..- Shap Local Program -'0" ____e._ .- ...-----.. Business Development A c:tivities List business development activities undcrtaken during the 4uart~r and highlight how Chula Vista officials or businesses were II1volved, as applicable. ITEM NATURE OF ITEM & TARGET AUDIENCE Survevs Conducted - I Public Policv Forums - Job Creation Welfare to Work Count~- of San Diego eomlllin Task Force -- SANDAG advisory committee Regional Economic Prosperil. Strategy "-."... HOW PROMOTED CHULA VISTA, AS APPLICABLE ee Participated in Ihe development of grant application to secure job investment funds from thc State of California \/ Participated in the discussion for the development of a regional economic dcvelo mt.."111 strate . /.2 /J~ --- I COUNCIL AGENDA STATEMENT Item ) J Meeting Date 7/14/98 ITEM TITLE: Resolution / 9 p ? ~ Accepting bids, awarding contract for "Drainage Improvements, South of "G" Street, West of Second Avenue, and North of De! Mar Court in the City ofChula Vista, CA (DR-908)" and a fund transfer from Capital Improvements Program (CIP) Project "Drainage Basin- E/O Second Avenue", DR-l~O/ SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~ O~ (4/Sths Vote: YesXNo_) At 2:00 p.m. on June 3,1998 in Conference Room 1 in the Public Services Building, the Director of Public Works received sealed bids for "Drainage Improvements, South of "G" Street, West of Second Avenue, and North of Del Mar Court in the City ofChula Vista, CA (DR-908)". The work to be done consists of constructing an 8' x 4' reinforced concrete box culvert through an existing unimproved earth channel 421 lineal feet long. The work also includes excavation, grading, shoring, and the construction of other drainage structures. RECOMMENDATION: That Council accept bids and award a contract for "Drainage Improvements, South of"G" Street, West of Second Avenue, and North of Del Mar Court in the City of Chula Vista, CA (DR-908)" to Rutledge Joint Venture, in the amount of$186,511.18 and approve a fund transfer from CIP Project "Drainage Basin - E/O Second Avenue, DR-120" in the amount of $23,500.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1997-98 and FY 1998-99 Capital Improvements Program (CIP) budget. The existing storm drain culvert under Second Avenue, just north of 'H' Street is inadequate to handle major floods. During heavy rains, water ponds at this location flooding several properties fronting on the 400 block of Elm Avenue (Exhibit A) and reduces the flow downstream. Despite the reduced downstream flows, residential properties and two apartment complexes downstream along the existing unimproved earth channel fronting on the 200 block of 'G' Street have been subject to periodic flooding during heavy rains (Exhibit B). The existing unimproved earth channel also has problems with erosion, sedimentation and mosquito breeding in stagnant water during the summer months. To eliminate the flooding along Second and Elm A venues (Exhibit A), the area downstream (Exhibit B) has to be improved prior to the upstream area 13~/ Page 2, Item Meeting Date 7/14/98 being improved. The design and construction for CIP Project No. DR-120 is being delayed until after the downstream project, DR-908, is completed. Funds have been budgeted to address the flooding areas shown on Exhibit A (DR-I 20). DR-120 was initially intended to be constructed only if all drainage easements were acquired gratis. However, at least one key property owner, who has not been adversely affected by flooding has refused to dedicate the needed easement. In order to construct the project, additional funds are required to complete the project. In the FY 1997-98 CIP, $235,000 was originally budgeted for design and construction. The initial design of the drainage improvements consisted of constructing an open trapezoidal channel. However, the property owners requested that the unimproved earth channel be fully covered done in return for free dedication of the Right-of-Way. Two additional designs were presented to the property owners, before the third and final design was approved by all property owners. The additional staff time (Engineering-Design Section and Planning-Environmental Section) for design and environmental permits pushed the total project cost over the original CIP budget by $65,000.00. The transfer of funds fromDR-120 and the additional funding in the FY 1998-99 CIP for this project will be enough to have the job completed. Bids for this project were received from seven contractors as follows: Contractor Bid Amount 1. Rutledge Joint Venture, Lemon Grove, CA $186,511.18 2. 3-D Enterprises, Inc., San Diego, CA 199,550.00 3. Marquez Constructors, Inc., Spring Valley, CA 239,898.00 4. Single Eagle, Inc., Poway, CA 249,122.00 5. MJC Construction, Chula Vista, CA 286,562.00 6. Basile Construction, Inc., San Diego, CA 341,650.89 7. Scheidel Contracting and Engineering, Inc., La Mesa, CA 343,311.00 Staff received excellent bids for the proposed work. The low bid, submitted by Rutledge Joint Venture is below the Engineer's estimate of$201,485.00 by $14,973.82 or 7.43%. Staffs estimate was based on average prices for similar type work completed last year. The contractor has recently completed projects for the City of Santee and the California Department of Transportation (CAL TRANS). Some of these projects were of the same size and complexity as this project. Staff has contacted these agencies, and their recommendations and comments about the contractor have been excellent. Staff has also verified the contractor's license and other qualifications and determined that they are in good order. /3~.2. Page 3, Item Meeting Date 7/14/98 Disadvantal!ed Business Enteq>rise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. Judith Foland, Community Development Specialist, has reviewed the bid documents submitted by the three lowest bidders. Her conclusion is that the lowest bidder, Rutledge Joint Venture is a certified Minority and Women Business Enterprise (MBE/WBE) and therefore does meet the MBE goals (See Attachment C). Staff also reviewed Rutledge Joint Venture's eligibility status with regard to federal procurement programs and the status of the State contractor's licenses. Rutledge Joint Venture is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of April 5, 1998). The low bidder has satisfactorily has met all the requirements. Staff, therefore, recommends awarding the contract to Rutledge Joint Venture, Lemon Grove. Disclosure Statement A copy of the contractor's disclosure statement is attached as Attachment D. Prevailin~ Wage Statement The major source of funding for this project is Community Development Block Grant Funds with minor funding from the Storm Drain Fund and RCT Fund. Prevailing wage scales are those determined by the Federal Department of Labor. Environmental Status A Negative Declaration (IS-98-04) pursuant to CEQA requirements was prepared by the Environmental Review Coordinator. Based of the findings of IS-98-04, the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 711.2 of the Fish and Game Code. A Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code was filed and recorded with the Office of the County Clerk, San Diego County on March 2, 1998 (Attachment E). The impacts of the project also required that staff obtain permits from the U.S. Army Corps of Engineers (NW26A Nationwide Permit) and California Department of Fish and Game (Streambed Alteration Agreement). All these permits were approved prior to advertising of the project. J3~ Page 4, Item Meeting Date 7/14/98 Status of Ril1ht-of-Wl\)' Acq.uisition To facilitate the construction of this project, it was necessary to acquire right-of-way from 10 properties. All the property owners involved granted the needed right-of-way to the City for a mutually agreed just compensation for the construction of a box culvert versus an open trapezoidal channel. FISCAL IMP ACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $186,511.18 B. Staff Costs (Design, Construction & Inspection) $19,383.73 C. Construction Contingencies (10%) $18,700.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $224,594.91 FUNDS AVAILABLE FOR CONSTRUCTION A. Drainage Improvements 651-6150-DR-908 (CDBG) $49,594.91 652-6520-DR-908 (CDBG) 50,000.00 653-6530-DR-908 (CDBG) 50,000.00 600-6003-DR-908 (RCT) 51,500.00 Fund Transfer from CIP Project DR-l20 23,500.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $224,594.91 The above action awarding ofthe contract will authorize a total expenditure of$224,594.91 from the budgeted CIP project. A fund transfer of $23,500.00 from CIP Project DR-l20 is required in order to complete the project (Attachment F). After construction, only routine City maintenance will be required. Attachments A - Exhibit A, DR-l20 B - Exhibit B, DR-908 C - Memo from Community DevelopmentNOT SCANNED D - Contractor's Disclosure Statement NOTSCM'NED E - Notice of Determination, County of San Diego F - Memo Approving Fund Transfer from DR-120 NOT SCANNED BVH:bvh H:\HOME\ENGINEER\AGENDA \DR908113.BVH /:J~i File No: 0735-10-DR-908 I W U ::J 0::: Z 0::: ::J W 4: Q > L 4: J W ::::l Z W > <l: w > 4: I U 0::: ::J I U t wi > 4: (/) ~ 4: o Z >-< :3 I- W ::J Z W > 4: Xhbt-908.dwg 6-70-98 DRA WN BY: CESAR V. MAGBUHA T A: SH 6-10-98 OF CYPRESS MADRONA "G" 1zuj\./~f f STRID W ::J Z W > 4: STREET - L w I- --l > 0 STREET w 4: Z >-< L DR 908 STRID I W ::::l Z VANCE ST. w > <l: W ::::l Z W > <l: 0::: 4: L I- 0::: --l ::J W 0 i::) U AL VARADO ST. DR 120 ~ Q:: ..... ::c I- L ~ Z CJ SHASTA ST. ~ V? In\\\l EXHIBIT "A" "H" w W ::J ::J Z Z W 0 W > > 4: 4: I- L 0 --l Z W >-< L STRID SHASTA ST. ~[ C[ I 72:56:73 pm EST PROJECT FILE #DR 120 TITLE: CITY OF CHULA V1ST,A PREPAR7fEJlf.tERRERA DRAINAGE IMPROVENENTS, SOUTH OF "G SlREET, A 0 Y: SHTS. VtEST OF SECOND A VENUE, NORTH OF DEL MAR CT. JAMES R. HOLMES /3/ SHASTA S1. ~ z In\\\l~ EXHIBIT "B" Xhbt-120.dwg 6-10-98 1:00:10 pm EST PROJECT FILE #DR 908 DRA BY: TITLE: CITY OF CHULA V1ST!J. PREPARED BY: -CESAR V. MAGBUHA T DRAINAGE IMPROISlENTS SOUTH OF -G' 'STREET BEN HERRERA DAJE: SHEET I. I APPROVED BY: 6-10-98 OF SHTS. v.rST OF SECOND AVENUE, NORTH OF DR MAR CT. JAMES R. HOLMES / ;J 'i/ "F" w > <I: I W U ::J 0::: Z 0::: ::J W <I: G > ::E: <I: ~ ~ ..... ::r: I- L Ii1i:L cf, n\M''+ 73 STRm (/) :::.::: <I: D Z ...... :3 I- W ::J Z W > <I: W ::J Z W > <I: STREET w ::E: I- -1 > D STREET w <I: Z ...... ::E: CYPRESS MADRONA STRm W :::l Z W > <[ W :::l Z VANCE Sf. w > <[ w W ::J ::J Z Z W 0 W > > <I: <I: I- ::E: D -1 Z W ...... ::E: STREET SHASTA Sf. ~[ ~[ I . MEMORANDUM () 13S-lo-'~ C)dJ? A+M~v June 23,1998 FROM: Jim Holmes, Civil Engineer Judith Foland, Commur1ity Development Specialist J ~ TO: Minority and Women Esusiness Enterprise (MBE/WBE) Review of Constructitm Project for Drainage Improvement (DR-908) SUBJECT: I have reviewed the bid package for the construction project DR-908 for MBE/WBE compliance and have determined Rutledge Joint Venture has provided sufficient documentation to comply with the City of Chula Vista MBE/WBE program. If you have any questions, please call me at extension 5036. cc: Juan P. Arroyo - Housing Coordinator /3~? I THE CITY OF ClillLA VISTA DISCLOSURE STATEME!\l AfPtGt./l'1e'l'vl- D ,1l1: required to file a Statement of Disclosure of certain ownership or financial interests, paymenrs. or campaign contributions. J1J ma!ters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official The following information must be disclosed: List the names or all persons having a fmancial interest in the propeny which is the subject of the application or the Contract f' . e.g., owner, applicant. Comracror. subcontractor, material supplier. ~ ..';; ~, ,r! J f 2. If any person" identified pursuant to (I) above is a corporation or pannership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the parmership. 3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. . 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Comminees, and Council within the past twelve month~ Yes _ No -"-- If yes. please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants. or independem Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1.000 to a Council member in the currem or preceding election period? Yes _ No ~ If yes, state which Council members(s): Date: May 20, 1998 . . . (NOTE: Attached addititmal p~\\"eS7#}'ecessary) . . . ~. Jl~ r~",.~ j/ Sigi:ramfe of ontractorl Applicant Gary J. Rutledge/Edward P. Rutledge Prim or type name of Contractorl Applicant * Person is defined as: "Any individual, firm, co-pannership, joint venture. association, social club, fraternal organization corpormion. escme, crust. receiver, syndicate, this and any other county, city or councry, city municipality, district, or other poUtica subdivision, or arry other group or combinacion acting as a unit. l;l-Y 47 . 980 086 111-0-/'; 1~/1l-L-7Vf E Notice of Determination I I Offlc. of Pl.nnlng .nd R....rch 1400 T.nth Str..t, Room 121 S.cramento, CA 95814 /XI County Cl.rk County of S.n DI.go 1600 Pacific Highway Room 260 San DI.go, CA 92101 lFoo..le@ ""J,-'~lII* MAR 0 2 1998 c;r-- rIt ClPUlY To: From: City of Chul. Vi.ta 276 Fourth Av.nue Chul. Vista, CA 91910 Subject: Filing of Notice of Determination In compllenc. with Section 21108 or 21152 of the Public R.sources Code. Dr8in8Q& Channel IImrovement" so. of "GII St. no. of Del Mar Ct. Project Title IrUA Stlte Cl.lrfnghoull Number UfNill\ttd.toClwif'l\tlOultl Doualas Reid Lead Ag.ncy Contact Person (6191 691..5104 Are. Code/Tel.phono/Extlnalon Project location: So. of "G" St., no. of Del Mar Ct, ChulB Vilt., CA. CSan Diego County) proj.ct Dlacrlptlon: Drefnage chlnnel Improvement conalatlng of thl conltructlon of In 8 ft. X 4 ft. box culvert 421 feet In length. Thll la .n unImproved men-modi ditch uaed to convey atormwat.r runoff. Thl mein purpoae of thl project la to prlvlnt .torow.tlra from ll.vlng Ita coural .nd flooding Idjaclnt prepsrtlll. . Thla la te edvl.. thlt the ~Itv of ~hula Vista hi' Ipproved thl abovI d.acribed projlct on IXI Leld Aglncy I I RI.ponalbla Agency De~8mber 22 1997 and has made the fOllowing determinattons regarding the above described project: (Data) 1. Thl project will not h.vI I algniffcant Ifflct on thl Invironment. 2. /X/A Negatlvl Decl.ratlon wla prepared for thla projlct purauant to thl provlalona of CEQA. 3. Mitigation mea.urla were not mede . condition of the .pprovll of the project. 4. A St.tement of Overriding Consid.rltion. w.. not Idopted for thla project. 5. Flndlnga were medl pursu.nt to the provisions of CEQA. Thla I. to certify that .11 Envlronment.l Document. .nd record of project Ipprov.l Is .v.flable to the Gener.l Public .t: Cfty of Chul. VIstl The Planning Department 276 Fourth Avenue Chul. Viat., CA 91910 ,,~~ff!l/ :Z/~:S/?9 t . Date ~;j;t I1AU:d t.,..L Titll CASE NO.IS~98.04 H: \hcme\p 1lmning\HOO ,env FILED IN THE OFFICE OF THE COUNTY CLERK SAN DIEGO COUNTY ONHAR 021991 POSTED HAR 02 1998 REMO\!Ef.1AP,R,J.l,1998 RETURNED TO AGENCY ON mOl 1998 DEPUTY ~ /3~9 California Department ofFish and Game CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding Project TitleILocation (Include County): Drainage Channel Improvement Chula Vista, CA. San Diego County Project Description: IS-98-04; Drainage channel improvement consisting of the construction of an 8 ft. X 4 ft. box culvert 421 feet in length. The man-made ditch is located in the backyards of single-family residences in a fully urbanized community. During heavy winter storms, adjacent residents have experienced flooding of their backyards due to velocity and quantity of runoff waters going through this unimproved section. The proposed project will prevent future flooding by containing all stormwaters withing the box culvert. Findings of Exemption (attach as necessary): 1. An Initial Study has been conducted by the City of Chula Vista as Lead Agency so as to evaluate the potential for adverse environmental Impact; and 2. There Is no evidence before the Agency that the proposed project will have potential for adverse effect on wildlife resources. A Biota assessment concluded that these are non-wetland waters and that the area surrounding this man-made ditch and located In the backyards of an existing residential area does not constitute prime habitat for any endangered or threatened species. No sensitive plant or animal species were found at the project site. Certification: I hereby certify that the City of Chula Vista has made the above finding and that the project will not Individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. t2~$U Environmental Review Coordinator City ofChula Vista P.O. Box 1087 Chula Vista, CA. 91912 Date: FebruaIY 25. 1998 /;s~)t7 Case No. IS-98-04 DE MINIMIS FEE ETERMINA TION (Chapter 1706, Statutes of 1990 - AB 3158) 1)SJ o It is hereby found that this project involves no potential for any adverse effect. either individually or cumulatively on wildlife resources and that a .Certificate of Fee Exemption" shall be prepared for this project. It is hereby found that this project could potentially impact wildlife, individually or cumulatively and therefore fee in accordance with Section 711.4 (d) of the Fish and Game Code shall be paid to the County Clerk. . :z/~~ Da{e / DEMINI.MIS /;3 -J/ ,--j;t~~. 1_,~~ rq~4~;~J,Vl,>;~ /rI-/lt-t/cfh B A-r F BE !lJ May 11, 1998 File No. 0330-10-KYI0l 0735-05-KY100 ..-- . Subject: George Krempl, Deputy City Manager John Lippitt, Director of Public Works (f-/' Cliff Swanson, Deputy Public Works Director/City &ginee~ Proposed Fund Transfers to be Included as Part of FY 1998/99 CIP Budget AWrov& . Vlll: From: Attached is a short spread sheet showing proposed transfers between CIP projects which we would like to request be made a part of next fiscal year's CIP Budget adoption. The transfers will enable us to complete the construction of two drainage projects in FY 1998/99, and will not affect the - status of other current projects. Project No. DR-120, Central Drainage Basin E10 Second Avenue, is being delayed until after the downstream project (Project No. DR-908) is completed and due to the fact that this project was initially intended to be constructed only if ill drainage easements were acquired gratis. At least one key property owner, who has not been adversely affected by flooding has refused to dedicate the needed easement. Therefore, the funds are available at this time for use on the two downstream projects. This policy issue may need to be addressed in more depth next fiscal year. Please let me know if you need additionm information or if you have any questions. c: Shauna Stokes Samir Nuhaily H:\HOMElENGINEERIADVPLAN\CJP98-99.CLS /3-'1:1- RESOLUTION NO. ) f tJ ? t RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT FOR "DRAINAGE IMPROVEMENTS, SOUTH OF "G" STREET, WEST OF SECOND AVENUE, AND NORTH OF DEL MAR COURT IN THE CITY OF CHULA VISTA, CA. (DR-908)" AND A FUND TRANSFER FROM CAPITAL IMPROVEMENTS PROGRAM (CIP) PROJECT "DRAINAGE BASIN - E/O SECOND AVENUE", DR-l20 WHEREAS, at 2:00 p.m. on June 3, 1998 in Conference Room 1 in the Public Services Building, the Director of Public Works recei ved the following sealed bids for "Drainage Improvements, South of "G" Street, West of Second Avenue, and North of Del Mar Court in the City of Chula Vista, CA (DR-908)": Contractor Bid Amount l. Rutledge Joint Venture, Lemon Grove, $186,511.18 CA 2 . 3 -D Enterprises, Ine. I San Diego, CA 199,550.00 3 . Marquez Constructors, Ine. / Spring 239,898.00 Valley, CA 4. Single Eagle, Ine. I Poway, CA 249,122.00 5. MJC Construction, Chula Vista, CA 286,562.00 6. Basile Construction, Ine. I San 341,650.89 Diego, CA 7. Scheidel Contracting and 343,311.00 Engineering, Ine., La Mesa, CA WHEREAS, the low bid, submitted by Rutledge Joint Venture is below the Engineer's estimate of $201,485.00 by $14,973.82 or 7.43%; and WHEREAS, the contractor has recently completed projects for the City of Santee and the California Department of Transportation (CALTRANS) and staff has contacted these agencies, and their recommendations and comments about the contractor have been excellent and has also verified the contractor's license and other qualifications and determined that they are in good order; and WHEREAS, the bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged /3---/;3 ------1- and women-owned business goals and Judith Foland, Community Development Specialist, has reviewed the bid documents submitted by the three lowest bidders and concluded that the lowest bidder, Rutledge Joint Venture is a certified Minority and Women Business Enterprise (MBE/WBE) and therefore does meet the MBE goals (See Attachment C); and WHEREAS, the low bidder has satisfactorily has met all the requirements and staff, therefore, recommends awarding the contract to Rutledge Joint Venture, Lemon Grove; and WHEREAS, a Negative Declaration (IS-98-04) pursuant to CEQA requirements was prepared by the Environmental Review Coordinator and based of the findings of IS-98-04, the project will not have a significant adverse effect on the environment and wildlife resources as defined in Section 711.2 of the Fish and Game Code and a Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code was filed and recorded with the Office of the County Clerk, San Diego County on March 2, 1998. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award the contract for "Drainage Improvements, south of G Street, west of Second Avenue and north of Del Mar Court in the City of Chula Vista, Ca. (DR-908) to Rutledge Joint Venture in the amount of $186,511.18. BE IT FURTHER RESOLVED that the City Council does hereby approve a fund transfer from CIP Project "Drainage Basin - E/O Second Avenue", DR-120 in the amount of $23,500.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\cdrive\rs\DR908 /Jr')7 -- I COUNCIL AGENDA STATEMENT Item / y' Meeting Date 7/14/98 ITEM TITLE: Resolution / 9 ,?J 7? A=pting bids and awarding contract to HMS Construction for the FY97/98 Traffic Signal Loop Detector Replacement program (CIP No. TF252) and the Traffic Signal Installation at the intersection of Broadway and Flower Street (CIP No. TF257). SUBMITTED BY: Director of Public Works City Manager &t p.,'V (p1I REVIEWED BY: (4/5ths Vote: Yes_ NoX) On May 20, 1998, the Director of Public Works received sealed bids from seven (7) electrical contractors for two combined projects, the implementation of the FY97/98 Traffic Signal Loop Detector Replacement program at various locations and the traffic signal installation at the intersection of Broadway and Flower Street. A low bid of $106,405 was received from HMS Construction. RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract to HMS Construction for the FY 97/98 Traffic Signal Loop Detector Replacement program (CIP No. TF252) and the traffic signal installation at the intersection of Broadway and Flower Street (CIP No. TF257). BOARDS/COMMISSIONS RECOMMENDA nON: Not applicable. DISCUSSION: On May 20, 1998, the Director of Public Works received sealed bids from seven (7) electrical contractors for two combined projects, the implementation of the Traffic Signal Loop Detector Replacement program at various locations (Project I) and the installation of traffic signals at the intersection of Broadway and Flower Street (Project II). The Traffic Signal Loop Detector Replacement program (Project I) was approved and funded in the City's 1997-98 Capital Improvement Program. This project addressed various signalized intersections experiencing some degradation due to malfunctioning of vehicle detectors. The traffic signal installation project at the intersection of Broadway and Flower Street (Project II) is currently proposed under the City's 1998-99 Capital Improvement Program. The work to be done for project I includes the replacement of malfunctioning traffic signal loop detectors and other associated work necessary to make the traffic signal loop detection system operational. The work to be done for project II includes the installation of new traffic signal standards, mast arms, loop detectors, controller, Emergency Pre-Emption (EVPE) System, minor /t -- / Page 2, Item_ Meeting Date 7/14/98 sidewalk improvement and other miscellaneous signal equipment necessary to make the traffic signal system operational at the intersection of Broadway and Flower Street. The bids received for projects I and II were as follows: Contractor Amount 1. HMS Construction - Fallbrook $106,405.00 2. DBX, Inc. - Temecula $117,954.00 3. T &M Electric, Inc. - Lakeside $127,400.00 4. Signal Maintenance, Inc. - Anaheim $132,526.50 5. Lekos Electric, Inc. - El Cajon $140,550.00 6. Knox Electric, Inc. - Spring Valley $150,763.00 7. TRASIG Corp. - Chula Vista $154,106.00 Engineer's Estimate $147,252.50 The low bid of $106,405 for the two combined projects ($67,960 for project I and $38,445 for project II) was received from HMS Construction. The low bid was below the Engineer's total estimate of$147,252.50 ($84,677.50 for project I and $62,575 project II) by approximately 27.7%. The Engineer's estimates were based on bid prices from previously awarded City traffic signal projects. The low bid contractor, HMS Construction, has participated in several unsuccessful bids for the City in the past. HMS Construction has met all City requirements for award of contract as set forth in the bid document; therefore, staff recommends awarding the contract to HMS Construction. The total estimated cost for both projects is $164,240 which includes the $106,405 contract amount, $17,900 for traffic signal controller, cabinet and related testing services purchased by the City and installed by the contractor, $25,000 in staff costs for design, inspection and contract administration, and $14,935 for contingencies. There are sufficient funds for the projects to proceed with construction. Environmental Status The City's Environmental Review Coordinator has reviewed the work involved in these projects and determined that the projects are exempt for CEQA both Under CEQA Guidelines, Section 15061 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures). Disclosure Statement A copy of the Contractor's disclosure statement is attached as Exhibit A. JLj~) T Page 3, Item_ Meeting Date 7/14/98 Prevailin~ Walle Statement The sources of funding for these projects are the Traffic Signal Fund and the Gas Tax Fund. Contractors bidding these projects are not required to bid based on paying prevailing wages to persons employed by them for the work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. Form of A~reement The contract will be let on the City's standard Public Works Contract form. The final form will be approved by the City Attorney. FISCAL IMP ACT: FUNDS REQUIRED FOR CONSTRUCTION Loop Broadway & Replacement Flower Street TOTAL Prooram TF-252 TF-257 A. Contract Amount $38,445 $67,960 $106,405 B. Staff Time $ 9,000 $16,000 ,$ 25,000 C. Needed Equipment $ 0 $17,900 $ 17,900 D. Contingencies (approx. 10%) $ 4,745 $10,190 $ 14,935 I TOTAL I $52,190 I $112,050 I $164,240 I I FUNDS AVAILABLE FOR CONSTRUCTION I A. Gas Tax (250-2501-TF252) $ 52,190 B. Traffic Signal (600-6005- TF257) $112,050 TOTAL $164,2490 Jij/3 Page 4, Item_ Meeting Date 7/14/98 The annual maintenance and energy costs for a new traffic signal (Project II) is estimated to be $3,500. Project I will not require any additional maintenance or energy costs. The sources of funds for these projects are the Gas Tax and Traffic Signal Funds. There are sufficient funds available to begin construction of these projects. Attachment: Exhibit A - Contractors Disclosure Statement ~~'O Exhibit B - Intersection Locations (Loop Detector Replacement Program) r~'- #~'v File No: TF-252 TF-257 H:\HOME\ENGINEER\AGENDA \TF252&7.RDJ / tj-- J/ RESOLUTION NO. / '1 ~? ? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO HMS CONSTRUCTION FOR THE FY97/98 TRAFFIC SIGNAL LOOP DETECTOR REPLACEMENT PROGRAM (CIP NO. TF252) AND THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF BROADWAY AND FLOWER STREET (CIP NO. TF257) WHEREAS, on May 20, 1998, the Director of Public Works received the following seven (7) sealed bids for two combined proj ects, the implementation of the FY97 / 98 Traffic Signal Loop Detector Replacement program at various locations and the traffic signal installation at the intersection of Broadway and Flower Street: Contractor Amount l. HMS Construction - Fallbrook $106,405.00 2. DBX, Inc. - Temecula $117,954.00 3 . T&M Electric, Inc. - Lakeside $127,400.00 4. Signal Maintenance, Inc. - Anaheim $132,526.50 5. Lekos Electric, Inc. - El Cajon $140,550.00 6. Knox Electric, Inc. - Spring Valley $150,763.00 7. TRASIG Corp. - Chula Vista $154,106.00 Engineer's Estimate $147,252.50 WHEREAS, the low bid of $106,405 for the two combined projects ($67,960 for project I and $38,445 for project II) was received from HMS Construction which was below the Engineer's total estimate of $147,252.50 ($84,677.50 for project I and $62,575 project II) by approximately 27.7%; and WHEREAS, HMS Construction has met all City requirements for award of contract as set forth in the bid document; therefore, staff recommends awarding the contract to HMS Construction; and WHEREAS, on June 16, 1998, HMS Construction, on the request of the City, submitted a bid for the traffic signal modification at Broadway with "E" Street (Project III) and the bid submitted in the amount of $22,135 was approximately 2.8% above the engineer's estimate of $21,530; and 1 )t/-S- WHEREAS, since the bid is within 5% of the estimate, it is not considered wise to prepare a separate bid process for such a relatively small project that would consume more staff time and may be more expensive due to "move in" costs of a different contractor; and WHEREAS, the total estimated cost for projects I, II and III is $194,240 which includes the $128,540 contract amount, $17,900 for traffic signal controller, cabinet and related testing services purchased by the City and installed by the contractor, $30,000 in staff costs for design, inspection and contract administration, and $17,800 for contingencies; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in these projects and determined that the proj ects are exempt for CEQA both under CEQA Guidelines, Section 15061 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures) . NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award contract to HMS Construction for the FY97/98 Traffic Signal Loop Detector Replacement Program (CIP No. TF252), the Traffic Signal Installation at the intersection of Broadway and Flower Street (CIP No. TF257). BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works h,\HOME\LORRAINE\CDRIVE\RS\DETECTOR.LOP 2 ) L/-~ COUNCIL AGENDA STATEMENT ITEM TITLE: Item /~ Meeting Date 7/14/98 Resolution / f cf7 ? 0 Accepting bids and awarding an informal bid contract to MJC Construction for the emergency "Storm Drain Repair, south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection, in the City of Chula Vista, California (DR-140)" and appropriating funds therefor SUBMITTED BY: Director OfPUbli~ Work~ r REVIEWED BY: City Manager ~/~}q.. (4/5ths Vote: YesXNo_) On February 1998, due to the winter rains, a corrugated metal storm drain pipe collapsed, causing a sink hole to open up on the access road to the drainage channel located south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection. Staff prepared specifications and requested informal bids from four contractors to do the work. The work to be done includes, trenching, removal of existing improvements, installation of 36-inch High Density Polyethylene (HDPE) pipe, installation of Portland Cement concrete anchor and cutoff walls, protection and restoration of existing improvements, and other miscellaneous work. RECOMMENDATION: That Council approve the resolution: 1. Awarding an informal bid contract for emergency work for the "Storm Drain Repair, south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection", to MJC Construction for $26,500. 2. Appropriating $34,500 from the unappropriated balance of the Trunk Sewer Capital Reserve Fund as a loan to the Storm Drain Revenue Fund for this contract. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Early this year, due to the EI Nino winter rains, a 36-inch corrugated metal pipe (CMP) that conveys runoff from the Oleander Avenue/Sequoia area collapsed, causing a sink hole to appear at the channel's easement access road. As a result of the collapsed pipe, the flow has been considerably restricted, creating a potential for more damage on the upstream easement and street area if heavy rains occur in the region. Staff prepared specifications for the repair work and contacted four contractors for informal bidding to do this proj ect. The four contractors that were sent informal bid requests were: 1. 2. 3. 4. Dietrich Corporation, EI Cajon, California Ortiz Corporation, Chula Vista, California MJC Construction, Chula Vista, California TC Construction, Santee, California / y ) T~~ Page 2 Item_ Meeting Date: 7/14/1998 Bids for this project were received as follows: Contractor Bid Amount 1. MJC Construction - Chula Vista, California $26,500.00 2. TC Construction - Santee, California $28,200.00 3. Ortiz Corporation - Chula Vista, California $44,000.00 4. Dietrich Corporation - El Cajon, California No response Staff recommends awarding the contract to the low bidder MJC Construction for $26,500 for construction of this project. Disclosure Statement A copy of the contractor's disclosure statement is attached. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15302, Class 2 (c) of the California Environmental Quality Act (Replacement of Existing Public Improvements or Public Structures). Minimum Wa~es Statement The source of funding for this project is Trunk Sewer Capital Reserve Funds as a loan to the Storm Drain Fund. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. FISCAL IMPACT: Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $26,500.00 B. Contingencies $4,000.00 C. Staff Costs (Design, Construction & Inspection) $4,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $34,500.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Fund 227 - Storm Drain Revenue Fund - Loan from Trunk $34,500.00 Sewer Capital Reserve Fund to CIP Project DR-140. TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $34,500.00 / S-:,A Page 3, Item_ Meeting Date 7/14/98 Funds for this emergency work were not included in the FY 97-98 CIP budget and, therefore an appropriation of funds needs to be made. The project is proposed to use Trunk Sewer Capital Reserve Funds as a loan to the Storm Drain Fund. CIP Project No. DR-140 has been set up for this project. The total amount to be appropriated from the Trunk Sewer Capital Reserve Fund as a loan to the Storm Drain Fund is $34,500. Both the State of California and the Federal government have declared this area a disaster area. State and Federal disaster funds are anticipated to be available to reimburse approximately 93.75 % of the costs. The Federal disaster assistance program will pay 75% of the approved costs and the State will pay 18.75% of the approved costs. Therefore, staff expects to receive approximately $32,000 in reimbursement. The loan repayment will include interest at the City's quarterly pooled investment rate. Attachments; Contractor's Disclosure statementNOT SCANNED H:\HOME\ENGINEER\DESIGN\DRI40113.S0L /~3 RESOLUTION NO. / '1 t/ ? 0- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING AN INFORMAL BID CONTRACT TO MJC CONSTRUCTION FOR THE EMERGENCY "STORM DRAIN REPAIR, SOUTH OF ORANGE AVENUE, WEST OF OLEANDER AVENUE, JUST WEST OF THE SEQUOIA STREET INTERSECTION, IN THE CITY OF CHULA VISTA, CALIFORNIA (DR-140)" AND APPROPRIATING FUNDS THEREFOR WHEREAS, on February 1998, due to the winter rains, a corrugated metal storm drain pipe collapsed, causing a sink hole to open up on the access road to the drainage channel located south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection; and WHEREAS, staff prepared specif ications and requested informal bids from four contractors to do the work which includes, trenching, removal of existing improvements, installation of 36- inch High Density Polyethylene (HDPE) pipe, installation of Portland Cement concrete anchor and cutoff walls, protection and restoration of existing improvements, and other miscellaneous work; and WHEREAS, bids for this project were received as follows: Contractor Bid Amount l. MJC Construction - Chula Vista, Cali- $26,500.00 fornia 2 . TC Construction - Santee, California $28,200.00 3. Ortiz Corporation - Chula Vista, Cal- $44,000.00 ifornia 4. Dietrich Corporation - EI Cajon, Cal- No response ifornia WHEREAS, staff recommends awarding the contract to the low bidder MJC Construction for $26,500 for construction of this project; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15302, Class 2 (c) of the California Environmental Quality Act (Replacement of Existing Public Improvements or Public Structures); and 1 /5-:1 WHEREAS, the source of funding for this project is Trunk Sewer Capital Reserve Funds as a loan to the Storm Drain Fund and contractors bidding this project were not required to pay prevail- ing wages to persons employed by them for the work under this project; and WHEREAS, no special minority or women owned business requirements were necessary as part of the bid documents. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept bids and award an informal bid contract to MJC Construction in the amount of $26,500 for the emergency "Storm Drain Repair, south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection, in the City of Chula Vista, California (DR-140)". BE IT FURTHER RESOLVED that the amount of $34,500 is hereby appropriated from the unappropriated balance of the Trunk Sewer Capital Reserve Fund as a loan to the Storm Drain Fund for this contract. Presented by Approved as to form by ~ John P. Lippitt, Director of Public Works Ci ttorney H:\home\lorraine\cdrive\rs\drain.mjc 2 /5'3 THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contrihutions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. I I ----. TLi...1/ I. F.-r? ~ I (M.t::.-J,.J t::72 2. If any person' identified pursuant to (1) ahove is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 1 .,..... 1 ~ t/ I F:Y1..... (T 1'Vt..H" Jl~:7 3. If any person' identified pursuant to (I) ahove is non-profit organization or a trust, list the names of any person serving as director of tile non-profit organization or as trustee or beneticiary or trustor of the trust. ". 4. Have you had more than $250 ~btth of husiness transacted with any member of the City staff,\Boards, Commissions, Committees, and Council within the past twelve month? Yes No If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. ~ A tJ/etZ V.I ^JVte:"Nt2- 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ N~ If yes, state which Council members(s): * * * (NOTE: Attached additional pages as necessary) * * * Date0V~ ":}1J--9?' -----\~ J ~ ( _ Signature of Contractor/Applicant -----r . --.\ A-rll.en 51 AIl-t JJF'7 Print or type name of Contractor/Applicant * ~ is defined as: "Any individual. firm. co-partnership, joint venture. association. social club. fraternal organization. corporation, estate. trust. receiver, syndicate. this and any other county. city or country. city municipality. district, or other political subdivision. or any other group or combination acting as a unit. 7 /S..-~ COUNCIL AGENDA STATEMENT Item / ? Meeting Date 7/14/98 ITEM TITLE: /J Resolution / jI.t?7(APproving the Final "A" Map for Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA One, Phase One, Accepting on Behalf of the City of Chula Vista, Public Streets and Easements Granted on Said Map Within Said Subdivision and Acknowledging on Behalf of the Public the Irrevocable Offers of Dedication of Fee Interests of Lots "A" through "I" for Open Space and Other Public Purposes and Lots 9 and 10 for Public Park Purposes and Approving Subdivision Improvement Agreement for the Completion ofImprovements Required by Said Subdivision and Authorizing Mayor to Execute Said Agreeement ,B Resolution) 1 t1 0 Approving the Final "A" Map Supplemental Improvement Agreement for Chula Vista Tract 97-02, McMillin Otay Ranch SPA One, Phase One and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public Works / 1'- City Manager (Jk~ pf ~ REVIEWED BY: (4/5ths Vote: Yes_NoX) On June 03, 1997, by Resolution 18686, City Council approved the Tentative Subdivision Map For Chula Vista Tract 97-02, McMillin Otay Ranch SPA One, Phase One (an excerpt of minutes of said meeting are included herewith as attachment 1). Condition No. 105 of the Resolution stipulates that the developer may submit and obtain approval of the City of a master final map ("A" Map) over portions of the Tentative Map showing "super block" lots. The "A" Map is required to show the backbone street dedications and utility easements required to serve the "super block" lots. In addition, the developer is required to provide security guaranteeing the construction of said backbone facilities. All "super block" lots created are also required to have access to a dedicated public street. McMillin elected to process a Final "A" Map for their development, covering all properties located north of East Palomar Street. The Final "A" Map and associated agreements for McMillin Otay Ranch SPA One, Phase One are now before Council for approval. RECOMMENDATION: That Council approve the resolutions approving the Final "A" Map, the Final "A" Map Subdivision Improvement Agreement, and the Final "A" Map Supplemental Subdivision Improvement Agreement for the McMillin Otay Ranch, SPA One, Phase One project. DISCUSSION: McMillin Otay Ranch project covers approximately 290 Acres of Villages One and Five of the Otay Ranch project (See Attachment 2). The subject Final "A" Map encompasses only Phase One of the project, which includes the area located north of East Palomar Street, consisting of a total of eight "Super Block" lots, ten City Open Space lots, and two City Park lots (See Attachment 3). /6 ~/ --- I Page 2, Item Meeting Date 7/14/98 The final map has been reviewed by the Public Works Department and found it to be in substantial conformance with the approved tentative map. Approval of the map constitutes acceptance by the City of Drainage, Sewer, Assignable and Irrevocable General Utility and Access Easements within the subdivision. Approval of this map constitutes acceptance on behalf of the public of La Media Road, Santa Cora Avenue, East Palomar Street, Telegraph Canyon Road and Otay Lakes Road within this subdivision. Approval of the map also constitutes acknowledgment on behalf of the public of Irrevocable Offers of Dedication of Fee interests for Lots "A", through "J" for Open Space and Other Public Purposes and Lots 9 and I 0 for Public Park Purposes. Irrevocable Offers of Dedication (IODs) are being made for Open Space lots "A", "B", "C", "D", "E" and "F" because the developer does not have an obligation to guarantee improvement of those Open Space lots until the first [mal "B" Map is considered for approval. These Open Space lots will ultimately be maintained by the Community Facilities District (CFD) being established for the Otay Ranch Project. Upon completion of improvements, said Open Space lots will be accepted into the CFD for maintenance. IODs in Fee Interest are also being made for Open Space lots "G", "H", "I" and "Y'. These lots will accommodate the future "paseo" improvements which will link Parks P-6 and P-9 and that will be maintained by the General Fund (as approved previously by Council). IODs in Fee Interest are also being made for the Public Park lots because the developer will pay Park Acquisition and Development fees to guarantee park improvements. Under Section 7050 of the Government Code, such irrevocable offers of dedication may be accepted at any time. Upon completion of the required park and paseo improvements, staff will prepare a resolution proposing acceptance of the parks and paseos for public use and maintenance. Condition No. 23 of Resolution No. 18686 approving the Tentative Map required the developer to grant in fee to the City the right-of-way for the future Light Rail transit (LRT) system as indicated on the Approved Tentative Map. The right-of-way for said LRT system has not been dedicated on the map because the Metropolitan Transit Development Board (MTDB) will use the City's rights-of- way within East Palomar Street in the future through a franchise or joint use agreement. MTDB has approved the right-of-way and horizontal and vertical alignments of East Palomar Street. The developer has also executed a Subdivision Improvement Agreement for this map and provided bonds to guarantee the construction of the following public improvements: . Right turn pocket in Telegraph Canyon Road at the intersection with La Media Road. . La Media Road from Telegraph Canyon Road to East Palomar Street. . East Palomar Street Phase I (from the westerly subdivision boundary to Santa Cora Avenue). It should be noted that the developer is also providing security for the construction of Phase 2 of East Palomar Street (from Santa Cora Avenue to the easterly subdivision boundary) in conjunction with the Supplemental Subdivision Improvement Agreement for this subdivision (also before Council tonight). . Master utilities needed to service this development as shown in Attachment 3. The developer has paid all applicable fees and has provided a bond to guarantee the monurnentation for said subdivision. The agreements are now before Council for approval. / & -cJ- Page 3, Item Meeting Date 7/14/98 The developer has executed an "A" Map Supplemental Subdivision Improvement Agreement to satisfy Condition Nos. I, 3, 4, 22a, 22b, 22c, 36, 37, 41,50,53,64,65,66,67,68,69,70, 72a, 74b, 80,81,100, 100a, 100b, 101, 105, 106, 114, 115, 116, 118, and 123 of Resolution 18686 as follows: 1. Prior to each final applicable map, the Developer will comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. The applicant shall comply with all applicable SPA conditions of approval. 22. Enter into an agreement with the City, prior to approval of the first final Map (including an "A" Map), in which the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 36. The developer shall dedicate the right of way and easements within the boundaries of the tentative map for other land owners to pioneer public facilities in the property as required by the Public Facilities Financing Plan (PFFP); provided, however, that such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. )~~3 Page 4, Item Meeting Date 7/14/98 37. The Developer shall be responsible for the construction of full improvements of that portion of East Palomar Street contained within the proposed tentative map, including the installation of full transit stop improvements at the Village Five core. In the event said portion of East Palomar Street is proposed for construction in phases, the Developer shall: (I) submit and obtain approval of the City Engineer of a construction phasing plan, which shall determine the improvements, facilities, and/or dedications to be provided with each phase, and (2) enter into an agreement with the City, prior to the issuance of any grant of approval for the construction of the initial phase of East Palomar Street, where the Developer agrees to construct the remaining phases at such time as required by the PFFP. 41. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 50. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 53. Prior to the installation of the regional trail, install a fence along those portions of: (I) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 64. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per I, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/I,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks.. The remaining requirement (1 acre/I ,000 residents) shall be satisfied through the payment of fees. 65. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 66. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 67. All aspects of the neighborhood parks, including the applicants fair share portion of Park P-9 and the paseo, shall be designed in accordance with the City Landscape Manual. /(P --I Page 5, Item Meeting Date 7/14/98 68. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 69. The Applicant and the City shall mutually agree on a Park Acquisition Development (PAD) fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 70. Unless otherwise specifically stated herein, Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for all designated public park lands prior to approval of the first fmal "8" Map within the phase identified in the PFFP for said parks. 72. Neivhborhood Parks: Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for the park identified in the PFFP as P-6 prior to the approval of the final map in accordance with the PFFP phasing. a. In addition to those required PAD fees, the Applicant shall pay PAD fees based on a formula of2 acres per 1,000 residents for the first 431 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 431 dwelling units. 74. Trails/Open Space: b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 1 and shall connect to the regional trail in one location. 80. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 81. If requested by the City, the Developer shall grant in-fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained through the open space district or the HOA. Provide on the final map a certificate, pursuant to section 66477.2(a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. )~-5 Page 6, Item Meeting Date 7/14/98 100. Prior to the approval of the first final "B" Map, the Developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities and/or completion of the activity noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN IMPROVEMENT PHASING SCHEDULE FACILITY .Payment of Telegraph Canyon Basin Drainage DIF For areas covered by backbone streets and all common areas with include, but are not limited to, parks, schools, paseos and open space lots. Poggi Canyon Channel (on-site and off-site) and · Acquisition/dedication of off-site drainage detention basin easement. .Construction and maintenance (prior to City acceptance). Telegraph Canyon Channel detention basin. .Construction and maintenance (prior to City acceptance). Security satisfactory to the City shall be provided for the above backbone facilities when their construction or compliance is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, prior to approval of the first final "B" Map, the Developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following: a. Full improvements of that portion of East Palomar Street contained within the tentative map boundaries including full improvements of the transit stop proposed in East Palomar Street at the Village Five core. b. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. 101. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the SOOth residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. /~ --I Page 7, Item Meeting Date 7/14/98 105. The developer may submit and obtain the approval of the City ofa master final map ("A" Map) showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the "super block" lots. All "super" block lots created shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map or unless otherwise indicated in said conditions of approval. The City shall not require improvement plans in order to approve a fmal map for any "A" Map lots, but the developer shall provide security to guarantee the construction of the backbone facilities, prior to approval of any "A" Map in the following amounts: The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Prior to approval of the first "A" Map, the Developer shall enter into an agreement where the Developer agrees that the subsequent development of a multiple family lot, which does not require the filing of a "B" Map, shall meet (prior to issuance of a building permit for that lot) all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires over sizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. The developer may seek repayment from other property owners through a reimbursement district. 106. Prior to approval of the first "A" Map, the Developer shall enter into an agreement to secure approval of a Master Precise Plan for the Village Five Core Area prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA Five Village Core. 114. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions conceming the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the It ~? , Page 8, Item Meeting Date 7/14/98 Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 115. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 116. Underground all utilities within the SUbdivision in accordance with Municipal Code requirements. 118. Comply with all relevant Federal, State and Local regulations, including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 123. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. FISCAL IMP ACT: None. Developer has paid all costs associated with the proposed final map and agreements. Attachments: Attachment I: Minutes of 06/03/97 (Resolution No Attachment 2: McMillin Olay Ranch Project Attachment 3: Plat -Final Map, Attachment 4: Developer's Disclosure S Attachment 5: Irrevocable Offers of d~ H:\HOMEIENGINEERIAGENDA\ORSPA1.LEC ~ July 7,1998 (4:49pm) It -% '! j RESOLUTION NO. /9tJ?i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL "A" MAP FOR CHULA VISTA TRACT NO. 97-02, McMILLIN OTAY RANCH SPA ONE, PHASE ONE ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS OF LOTS "A" THROUGH "I" FOR OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS 9 AND 10 FOR PUBLIC PARK PURPOSES AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 97-02, McMillin Otay Ranch SPA One, Phase One, and more particularly described as follows: Being a subdivision of a portion of Quarter Section II and a portion of Quarter Section 12 of Rancho de La Nacion in the County of San Diego, State of California, according to map thereof No. 166, by Morril, filed in the office of the County Recorder of San Diego County, May 1, 1869. Area: 167.942 Acres Numbered lots: 10 No. Of lots: 19 Lettered lots: 9 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the public the public streets to-wit: La Media Road, Santa Cora Avenue and East Palomar Street, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of the Fee interest of Lots A, B, C, D, E, F, G, H and I. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the public the Irrevocable offer of Dedication of Fee Interest of lots 9 and 10 for public Park purposes. // ff ~ / Be IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable Public Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and is hereby authorized and directed to endorse upon said map the action of said council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged and that those certain Assignable And Irrevocable General Utility and Access Easements, as granted hereon and shown on said map within this subdivision are accepted on behalf of the City of Chula Vista as hereinbefore stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that certain Subdivision Improvement Agreement dated the 8th day of July, 1998 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No. is hereby approved. 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. Lippit Director of Public Works ~..~j~.A John M. Kaheny - City Attorney c:\cbs\ordinance\sia\ORSlphl.res /;)1'9-2 -I . Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of July , 199~, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and McMILLIN-D.A. AMERICA OTAY RANCH LLC, a Delaware Limited Liability Company, 2727 Hoover Avenue, National City, California, 91950, hereinafter called "Subdivider" ; N.lINE.s..s.EIH~ WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as McMILLIN OTAY RANCH SPA ONE, PHASE ONE pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into -1- /J/f;3 this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18686, approved on the 3rd day of July, 1997 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-434 through 98-461, inclusive, on file in the office of the City Engineer, (as included within the definition of "Improvement Work") and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $3,539,402.00. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of this Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for -2- /~#,-ij occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Million Seven Hundred Sixty Eight Thousand Seven Hundred Two Dollars and No Cents ($1,768,702.00) which shall guarantee the faithful performance of this contract by Subdivider and are attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement securities from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Million Seven Hundred Sixty Eight Thousand Seven Hundred Two Dollars and No Cents ($1,768,702.00) to secure the payment of material and labor in connection with the installation of said public improvements, which securities are attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Fifteen Thousand Dollars and No Cents ($15,000.00) (per private Civil Engineer's or Land Surveyor's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for -3- /j,r9~ payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be -4- /I>/'J ~ ~ -I required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adj acent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA McMillin-D.A. America Otay Ranch LLC, a Delaware limited liability company By: McMillin Companies, LLC Its: Man ing e er By: Mayor of the City of Chula Vista ATTEST City Clerk By: Approved as to form by Title: YIq.. ~ City Attorney (Attach Notary Acknowledgment) -5- /?/Jr? , '. ~~ ,~ ~ AME.Rl o "1 ~ ~ LPLL ~I~ STA1E OF CALIFORNIA ' COUNTY OF 0lAI'I D,("~y" } }ss, } on~q'b personally appeared , ,before me, DOwn j; n'H(\tLoz..~, 1\.\0+0...) pob'''; Cr-o.t~ 1. fuY-v'jfMn(}.J o.-Nl. (U. '9\t.~ , personally known to me (or WBved t9 I+lQ gr t,"e ooo:io: gf >"ti.f:;JG:tgry O'ii9snc'?) to be the person(s) whose name(s) +eiare subscribed to the within instrument and acknowledged to me that hO/sRs/they executed the same in ~/their authorized capacity(ies), and that by hi:;,'1 ,(.1 /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrumen: WITNESS my hand and official seal Signature ~WYL ,c1;.. /YIJ4t. 0 r@--:,_:':JM~~ E;:M"Erfocm1 -' . COMM.# 1125049 ~ ~ 't;~"." NOTARY PuBLtCCAUFORH~ ~ Z ~ SANDlEOO.c-. - ~ ~..::.~~ "~~_IOH:~~~.I~~~'__1 ______ ___4 ,Tnls area ior ohlclal nOlCl,.al SbJ Title of Document S"bd'i Vt';,\ ~ Date of Document 1 \ CO \It'b Other signatures not acknowledged :Jm~IJ~ ^'5~ -O+j ~cA. ?>~ i, No, of Pages ' /6/1 /~ 30C:- 1""": Gpne, h r:lfst 4"1f'rlc:::t~_ T!te-' 1",,1';1" '~,,':,::',l,"". Exhibit "A" Improvement 1. La Media Road 2. Santa Cora Avenue 3. Master Utilities 4. East Palomar Street . Total Exhibit "B" Improvement 1. La Media Road 2. Santa Cora Avenue 3. Master Utilities 4. East Palomar Street Total Exhibit "C" LIST OF EXHIBITS Improvement Security - Faithful Performance: Drawing No. E2m!. Amount 98-434 thru 98-445 Bond $969,370.00 98-446 thru 98-451 Bond $365,532.00 98-452 thru 98-455 Bond $53,174.00 98-456 thru 98-461 Bond $380.626.00 . $1,768,702.00 Improvement Security - Material and Labor: Drawing No. EJmn Amount 98-434 tbru 98-445 Bond $969,370.00 98-446 tbru 98-451 Bond $365,532.00 98-452 tbru 98-455 Bond $53,174.00 . 98-456 tbru 98-461 Bond $380.626.00 $1,768,702.00 Improvement Security - Monuments: Emm Amount Bond $15,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement /~/J~ l' RESOLUTION NO. /'ltJrc RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENTS AGREEMENT FOR CHULA VISTA TRACT 97-02, McMILLIN OTAY RANCH SPA ONE, PHASE ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer for Chula Vista Tract No. 97-02, Conditions 1, 3, 4, 22a, 22b, 22c, 36, 37, 41, 50, 53, 64, 65, 66, 67, 68, 70, 72, 74a, 74b, 80, 81, 100, 101, 105, 106, 114, 115, 116, 118, 123. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 97-02, McMillin Otay Ranch Spa One, Phase One, a copy of which is on file in the office of the City Clerk as Document No. BE Chula Vista Agreement. IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said Presented by Approved as to form by John P. Lippit Director of Public Works Q " _ --n~'h....o If'&\. Jo n M. Kaheny ij City Attorney c,\cbs\ordinanc\ssia\ORSlphl.2res /tiJ ~/ .~ EECOEDING EEQUEST BY, City Clerk WHEN EECOEDED MAIL TO, CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use McMILLIN OTAY RANCH SPA ONE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SPA ONE PHASE ONE (Conditions 1, 3, 4, 22a, 22b, 22c, 41, 50, 53, 64, 65, 66, 67, 68, 70, 74b, 80, 81, 100, 101, 105, 106, 116, 118, 123) 36, 72, 114, 37, 74a, 115, This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _ day of , 1998, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and McMillin -D.A. America Otay Ranch LLC, a Delaware limited liability Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of phases 3 and 4 of Villages 1 and 5 of the Otay Ranch Project, a master planned development. For purposes of this Agreement the term "Project" shall also mean "Property." E:\Home\Atto~ney\SSIA\McMillin 1 Jte~~ T B. "Owner" or "Developer" means the person, persons or entity having a legal or equitable interest in the Property, or parts thereof, and includes Developer's successors-in-interest and assigns. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 97-02 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 18686 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Schedule "1." E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied ("Final Map" or "Final 'A' Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same conditions described herein. F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For purposes of final map subsequent to this boundaries. this Agreement, "B" Map means any "A" Map and within the Project 2. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. 3. "complete construction" means when construction on an improvement has been completed and the City has accepted the improvement. 4. interest in "A" Map has "guest builder" the Property or a been recorded. means those entities obtaining any portion of the Property, after this 5. plan adopted to time. "PFFP" means the SPA I Public Facilities Financing by Resolution No. 18286 as may be amended from time NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. H:\Home\Attor~ey\SSIA\McMillin 2 /bf]:J 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") benefit and burden the Property, its successors and assigns and any successor in interest thereto as well as benefit the City. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer I s Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the conveyance of a residential lot to a buyer of an individual housing unit, H:\Home\Attorr.ey\S5IA\McMillin 3 /jp"j Developer may have the right to obtain a release for such lot from the Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. The City shall not withhold its consent to such release so long as the City finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. 2. Condition No.1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, PFFP, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non- Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 3. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 4. Condition No.4 - (General Preliminary). In satisfaction of Condition 4 of the Resolution, Developer hereby agrees, that Developer shall comply with all applicable SPA conditions of approval. 5. Condition No. 22a satisfaction of Condition No. agrees to the following: (Transit Stop Facilities). In 22a of the Resolution, Developer a. Main Transit Stop Facilities. Developer agrees to construct, at its sole expense, the main transit stop facilities for buses and related improvements (referred to herein collectively as "bus stop facilities") described in the PFFP at the sites along East Palomar Street near Park P-8 designated by the City Engineer. The bus stop facilities shall be constructed in accordance with Improvement Plans approved by the City Engineer. Developer shall construct the bus stop facilities in two phases; the first phase H:\Home\Atto~ney\SSIA\Mc~i~lin 4 /~!J~ shall consist of the turn-out facilities, the second phase shall consist of the bus shelter and related improvements. Developer shall commence construction of the first phase of the bus stop facilities concurrent with the commencement of construction of the street improvements for that portion of East Palomar Street containing said improvements (Phase One of East Palomar street) . Developer agrees to commence construction of the second phase of the bus stop facilities within 90 days after receiving written notice from the Director of Public Works to commence construction of said facilities. Developer agrees to complete construction of the second phase of the bus stop facilities within two years after commencing construction of such improvements. i. First Phase Improvement Securities. Developer shall provide the City with improvement securities, approved as to form by the City Attorney, in an amount equal to 110% of the cost of constructing the first phase of the bus stop facilities. The improvement securities shall be provided to the City prior to commencing construction of such improvements and concurrent with Developer furnishing improvement securities for that portion of East Palomar Street (Phase One of East Palomar Street) containing the first phase bus stop facilities. The improvement security shall be released upon completion of the improvements. ii. Second Phase Improvements - Cash Deposit. Developer shall provide the City with a cash deposit in an amount equal to 110% of the cost of constructing the second phase of the bus stop facilities. The cash deposit shall be provided by the Developer to the City when either requested by the City Engineer or prior to Developer commencing construction of that portion of East Palomar Street containing the second phase of the bus stop facilities, whichever event shall occur first. The cash deposit shall be released upon completion of the improvements. Upon request by the developer, the amount of the cash deposit may be reduced by the City Engineer subject to the City Engineer's sole discretion. b. Condition No. 22b - (Not Protest Formation of any Future Regional Benefit Assessment District to Finance the Light Rail Transit). In satisfaction of Condition No. 22b of the Resolution, Developer hereby agrees not to protest the formation and inclusion of the Property in a regional benefit assessment to finance the construction of the Light Rail Transit. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. c. Condition No. 22c and lOOb - (Pedestrian Bridges) . Developer acknowledges and agrees that the "pedestrian bridge" concept is an integral element of the proj ect' s Village Design H:\Home\Attorney\SSIA\McMillin 5 /~!J-I Plan. Developer has requested that a Development Impact Fee ("DIF") be established to finance the construction of the pedestrian bridges. In satisfaction of Condition No. 22c and 100 (b) of the Resolution, Developer hereby agrees that prior to the first Final "E" Map, if no Development Impact Fee ("DIF") mechanism has been adopted by the City Council, the Developer shall provide the City with cash or improvement securities, approved as to form by the City Attorney, in an amount equal to the Project's fair share, as fair share is determined by the City Engineer, of the pedestrian bridges connecting Villages One to Two, Villages One to Five, and Villages Five to Six. In addition, Developer agrees to negotiate in good faith with the City to establish a schedule for the construction of said pedestrian bridges in a timely fashion that corresponds with the proj ect 's Planning documents and the development of Villages One, Two, Five and Six as determined by the Planning Director. Developer understands and agrees that subsequent final maps for Villages One and Five may require further compliance with Conditions 22 and 100. Developer acknowledges that if no DIF mechanism is established for any reason, and no agreement is reached with respect to construction of said bridges when the bridges are needed, the City has the right to retain the cash deposit or to use the improvement securities to pay for the construction of said pedestrian bridges. Developer agrees to pay the City any difference between the Developer's share of the total costs incurred to construct the pedestrian bridges and any proceeds received from the improvement securities or the cash deposited with the City. If a DIF mechanism is adopted by the City Council and the statutory period for challenging the DIF has expired without a challenge to the DIF, the cash deposit or improvement securities shall be released to the Developer. In addition, prior to the effective date of the DIF, Developer agrees to pay an amount equal to the DIF payments, as established by ordinance of the City Council, for each building permit issued for the Project. 6. Condition No. 36 (Dedication). In satisfaction of Condition No. 36 of the Resolution, Developer agrees to dedicate the right of way and easements within the boundaries of the proj ect' s tentative map for other landowners to pioneer public facilities in the property as required by the PFFP; provided, however, that such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. 7. Condition No. 37 - (Construction of East Palomar Street). In satisfaction of Condition No. 37 of the Resolution, Developer agrees to the following: H;\Home\Attorney\SSIA\McMillin 6 /j,!J - 7 a. Phasing Plan for the Construction of East Palomar Street. Developer agrees and covenants to construct East Palomar Street in the following two phases: Phase Segment 1 From the western Property boundary to Santa Cora Avenue. 2 From Santa Cora Avenue to the eastern Property boundary. b. Timing of Construction. Developer agrees and covenants to commencing construction of East Palomar Street, as follows: Phase 1 The Phase One improvements for east Palomar shall be constructed in accordance with those time frames and in the manner set forth in the Subdivision Improvement Agreement approved by Resolution No. Phase 2 The Phase Two improvements for East Palomar shall be commenced prior to whichever of the following events should occur first in time; a) issuance of a building permit for neighborhoods R-40, R-41, R- 42, R-45, CPF-4, or C-1 of Tentative Map No. 98- 04, or b) December 31, 1998. Developer agrees to complete construction of said improvements within two years after commencing construction of such improvements. c. Security for Phase II. Prior to the approval of the first Final "B" Map that contains the 100th dwelling unit within Village 5, Phase Three of the PFFP that is in effect at the time of this agreement, or prior to December 31, 1998, whichever occurs first, Developer agrees to furnish and deliver to the City of Chula Vista, and to thereafter maintain until City's acceptance of said improvements, improvement securities from a sufficient surety, whose sufficiency has been approved by the City, for the sum necessary to guarantee the construction of the Phase 2 improvements for East Palomar and to secure the payment of material and labor in connection with such construction, in accordance with Municipal Code Section 18.16.220. Developer understands and agrees that permits to construct said improvements can not be issued by the City until the bonds or the other form of security has been delivered and approved as sufficient by the City. H:\Home\Attorney\SSIA\McMillin 7 /tf{f-o i. Bonds to be Used If No Improvements. Developer acknowledges and agrees that if the Phase Two improvements for East Palomar are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of said improvements in accordance with those plans and specifications approved by the City Engineer, or at the option of the City, for such improvements that are less than, but not greater to, the sums provided by said improvement securities. Developer also agrees that the City may take any and all actions necessary, in order to obtain the funds necessary for completion of said Phase 2 improvements. Upon certification of completion by the City Engineer and acceptance of said work by the City, and after certification by the Director of Public Works that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement securi ty. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including but not limited to reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds received from the improvement security. 8. Condition No. 41 - (NPDES). In satisfaction of Condition No. 41 of the Resolution, Developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 9. Condition No. 50 - (Letter of Map Revision (LOMR)). In satisfaction of Condition No. 50 of the Resolution, Developer agrees to obtain a Letter of Map Revision (LOMR) from Federal Emergency Management Agency (FEMA) revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. Notwithstanding any provision to the contrary, including any such provisions contained in other agreements between Developer and City, the LOMR shall be completed prior to acceptance by the City of any drainage improvements, including the proposed detention facility described in that certain Detention Basin Agreement, approved by Resolution No. 18934. 10. Condition No. 53 - (Fence). In satisfaction of Condition No. 53 of the Resolution, Developer agrees to install a fence along those portions of the proposed maintenance access roads of the Telegraph Canyon and Poggi Canyon Channels, concurrent with the installation of the construction of the Regional Trail. The fence installed pursuant to this Agreement is proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with normal channel maintenance. The specific locations where the fence H:\Home\Atto~ney\SSIA\McMi:lin 8 /J,!J ~ c; will be allowed and the fence details shall be determined by the City Engineer and Director of Planning. 11. Condition No. 64 - (Neighborhood Parks). In satisfaction of Condition No. 64 of the Resolution, Developer agrees to comply with the requirements of the Park Land Dedication Ordinance (PLDO) which establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. pedestrian parks shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks. The remaining requirement (1 acre/1,000 residents) for community parks shall be satisfied through the payment of Park Acquisition Development ("PAD") fees. 12. Condition No. 65 and Condition No. 66 (Parks) In satisfaction of Condition Nos. 65 and 66 of the Resolution, Developer agrees that all local parks shall be installed by the Developer in accordance with the PFFP. In addition, all local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. Prior to the first Final "B" Map, Developer shall submit for the approval of the Director of Planning, a construction schedule that provides for the completion of all local parks within the Project in a timely manner. 13. Condition No. 67 - (Parks) In satisfaction of Condition No. 67 of the Resolution, Developer agrees that all aspects of the neighborhood parks, including the Developer's fair share portion of Park P-9 and all elements of the paseo, shall be designed in accordance with the City Landscape Manual. Developer understands and agrees that Park P-9 shall be designed in a manner that integrates P-9 and the paseo into P-6. 14. Condition No. 68 - (Parks) In satisfaction of Condition No. 68, the Developer shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square park for Village 5 exceeds the 2 acres per 1,000 residents standard. This surplus park credit may be utilized by the Developer to satisfy neighborhood parks requirements in future SPAs. 15. Condition No. 72. - (Parks) In satisfaction of Condition No. 72 of the Resolution; a. Developer agrees to provide the City, concurrent with execution of this Agreement, with an irrevocable offer of dedication ("IOD") in a form approved by the City Attorney, for the H:\Home\Attorney\SSIA\McMillin 9 /?!3-/t7 park identified in the PFFP as P-6 and P-9. (Such IOD shall be attached as an exhibit to this Agreement.) Developer further agrees to pay PAD fees for neighborhood parks, based on a formula of 2 acres per 1,000 residents, for the first 431 dwelling units in accordance with the PDLO. Developer acknowledges and agrees that in the City's sole discretion, PAD fees may be required to be paid by the Developer for units in excess of the first 431 dwelling units, if any. b. Developer agrees to guarantee and commence construction of P-6 no later than April 2, 1999. Developer may extend commencement of construction of P-6 for a period of time approved by the City, if such postponement is caused by the City's delay in approving the park plans for P-6 or for some other reason approved by the City. The level of amenities required in said neighborhood park shall be determined by the Director of Planning in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. The Developer complete construction of the neighborhood park within eight months of commencing construction of said park. Developer agrees to revise the PFFP to address the timing of construction of Parks P-7, P-S, and the regional trails. Developer further acknowledges and agrees that at no time following completion of construction of the first neighborhood park P- 6, shall there be a def ici t in constructed neighborhood parks in Village 5 based upon 2 acres /1000 residents. Developer agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this paragraph, the term completion of construction of the neighborhood park shall mean that construction of the park has been completed and accepted by the Director of Planning, but prior to the City's established maintenance period. The Developer may receive reimbursement, from those PAD fees collected by the City from other developers within Village 5, for the costs incurred by the Developer for constructing the P-6 amenities that are eligible for reimbursement, as determined by the Planning Director, and that exceed Developer's obligation for such park amenities under the PFFP. In addition, Developer may also receive a credit against the payment of PAD fees required to be paid by the Developer for neighborhood parks within other SPAs within the Otay Ranch Project, equal to the eligible costs of constructing amenities for the P-6 park, that have not been so reimbursed by means of PAD fees as stated herein. 16. Condition No. 74a and 74b - (Trails/Open Space). In satisfaction of Condition Nos. 74a and 74b of the Resolution, Developer agrees to the following: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Planning; and, H:\Home\Attorney\SS=A\P.c~illi~ 10 ;,[3---)/ b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 1 and shall connect to the regional trail in one location. 17. Open Space. Prior to approval of the first "B" Map for the Project, Developer agrees to convey open space land or pay the required in-lieu fee in accordance with the Resource Management Plan Phase II approved by Resolution No. 18416, for the streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map, in addition to those conveyance requirements triggered by the "B" Map. 18. Condition No. 80 (Not Protest Formation of a Maintenance District for Scenic Corridors). In satisfaction of Condition No. 80 of the Resolution, Developer hereby agrees not to protest the formation of or inclusion in a maintenance district for the maintenance of Scenic Corridors. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 19. Condition No. 70 and 81 (IODs). In satisfaction of Condition No. 70 and 81 of the Resolution, Developer agrees to provide the City, prior to execution of this Agreement, with irrevocable offer (s) of dedication (IODs), in accordance with Government Code Section 7050, a fee interest, free and clear of all encumbrances, in the real properties shown on the Final Map ("A" Map) as park lots and open space lots and offered to the City for acceptance on such map. 20. Condition No. 100 (Backbone Facilities). In satisfaction of Condition No. 100 of the Resolution, Developer agrees to submit for approval by the City Engineer of an "Improvement Phasing Schedule" prior to the first Final "B" Map for the Project, which schedule shall include, but not be limited to the following: backbone streets; all common areas including parks, schools, paseos, open space lots; and Poggi Canyon Channel and Detention Basin. Developer agrees to commence construction of the public street improvements and agrees to provide security satisfactory to the City Attorney in accordance with the time frames and in such sums as set forth in said Improvement Phasing Schedule, as may be amended by the City from time to time to comply with the PFFP. 21. Condition No. 101 - (Schools). In partial satisfaction of Condition No. 101 of the Resolution, the Developer hereby agrees to deliver to the Chula Vista Elementary School District, a graded elementary school site including utilities provided to the site and H:\Home\Attorney\SSIA\McMillin 11 /J/J ,--/;2- an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. The Developer understands and agrees that this schedule is subject to modification by the Chula Vista Elementary School District as based on said District's facility needs. 22. Condition No. 105 - (Multiple Family Lot). In partial satisfaction of Condition No. 105 of the Resolution, Developer agrees and covenants that the subsequent development of a multiple family lot or any other lot that does not require the filing of Final "B" Map, shall meet, prior to the issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets or facilities need not be bonded with the Final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit processes. 23. Condition No. 106 - (Master Precise Plan). In partial satisfaction of Condition No. 106 of the Resolution, the Developer agrees to secure approval of a Master Precise Plan for the Village Five Core Area from the City, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. 24. Condition No. 114 - (PFFP). In satisfaction of Condition No. 114 of the Resolution, Developer agrees to adhere to the PFFP and any amendments thereto, including but not limited to the, SPA and tentative map improvements installed in accordance with said Plan or as required to meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Developer understands that neither the PFFP nor any other SPA One document grant the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Developer acknowledges that compliance with the City's threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve said development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. Developer understands and agrees that the City Engineer may modify H:\Home\Attorney\SSIA\~cMillin 12 /?P~/J the sequence of improvement construction should conditions change to warrant such a revision. 25. Condition No. 115. (Code Requirements). In satisfaction of Condition No. 115 of the Resolution, Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Developer further agrees that any final map for the Project and all plans for said Project shall be prepared in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 26. Condition No. 116 (Underground Utilities). In satisfaction of Condition No. 116 of the Resolution, Developer agrees to underground all utili ties wi thin the subdivision in accordance with Municipal Code requirements. 27. Condition No. 118 - (Code Requirements). In satisfaction of Condition No. 118 of the Resolution, Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 28. Condition No. 123 - (Code Requirements). In satisfaction of Condition No. 123 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090) , and public facilities finance plan amendment procedures (19.09.100). Developer further acknowledges and agrees that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 29. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation with respect to this Final "A" Map of Conditions 1, 3, 4, 22a, 22b, 22c, 36, 37, 41, 50, 53, 64, 65, 66, 67, 68, 70, 72, 74a, 74b, 80, 81, 100, 101, 105, 106, 114, 115, 116, 118, 123 of the Resolution. Developer further understands and agrees that the some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. H:\Home\Attorney\SS:A\McMillin 13 J~ [S-/,/ 30. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by Resolution No. 18686 approved by Council on July 3, 1997 and shall remain in compliance with and implement the terms, conditions and provisions therein. 31. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 32. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 33. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: McMillin -D.A. America Otay Ranch LLC, 2727 Hoover Avenue National City, California, 91950 Attn: Robert Pletcher b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. H:\Home\Attorney\SSIA\McMillin 14 /' /;}!J'---/3 JUL OS 'S8 10:36 TO-S40S5823 FROH-HCHILLIN COHPANIES T-578 P,02/03 f-787 This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly notea. ci. preparatio:n of Agreement. No inference, alS15urnption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conolusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals: Exhibit:a. Any recitals and exhibits set forth above are incorporated 'by reference into this Agreement. f. Attorneys' Pees. If either party commences litigation for the judicial interpretation, reformation, enforcement or reseis,sion hereof. the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awa;rded substantially the relief sought. IN WITNESS WHEREOF, agreement to be executed forth_ the parties hereto have caused this the day and year first hereinabove set THE CITY OF CR~ VISTA McMillin-D.A. America Otay Ranch LLC, a Delaware limited liability company By: MoMillin Com anies, LLC Its: Mana ing r Mayor of the City of Chula Vista By: ATTEST City Clerk Title: ~~/rhn 1- BY:~lAvL Approved as to form by Title: "~.p_"'....t- City Attorney (Attach Notary Acknowledgment) H: \ nC':H,,~\1\LL(l.l; ney\I1iSIA\MoHJ.llJ.n 15 )/-!J~/v COUNCIL AGENDA STATEMENT Itemfl Meeting Date 7/14/98 SUBMlTIED BY: Public Hearing: Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24,26, 31,33, Bay Boulevard, and Town Center for Fiscal Year 1998-99. Resolution / 9 tJ %/ Ordering certain open space and maintenance facilities to be maintained, approving modification to the Engineer's Report and levying the assessments for Fiscal Year 1998-99 Open Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24,26, 31,33, Bay Boulevard, and Town Center. Director of Public Works ~ City Manager &(1.- p~ (4/Sths Vote: Yes_NoX) fr ITEM TITLE: REVIEWED BY: In accordance with the City Municipal Code Section 17 .07, the City Engineer prepared reports on the spread of assessments of the open space districts. The reports were accepted and the required public hearings were set by Council at its meeting of May 26, 1998. The first public hearing was conducted on June 23, 1998. This agenda statement includes information related to the above districts and general information related to Open Space District 10 and Eastlake Maintenance District No. 1. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments for Fiscal Year 1998/98. 4) Authorize staff to begin the process of determining assessments for Fiscal Year 1999/2000. BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Centre Maintenance District has been forwarded to the Town Centre Committee via the Community Development Department. As the advisory committee for the Town Centre developments, the Committee has historically reviewed this information and provided feedback to staff. DISCUSSION: This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's assessment to the proposed assessment and collectible for FY 98/99. Following Table 2, there is some general information that applies to all the districts and then each district is analyzed individually. This information is followed by a description of the noticing that is required. As a final note, Council should be advised that separate agenda items contain the same information on Open Space District No. 10 and the Eastlake Maintenance District which were separated due to conflict of interest concerns. /1)- ) Page 2, Item Meeting Date 7/14/98 Backl!round Pursuant to Article 4, Chapter I, Part 2 of the Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, Chapter 17 .07 - Open Space Districts, the City Engineer has prepared and filed the annual reports for all existing Open Space Districts in the City. The name and location of each open space district is shown in the following table. TABLE 1 Open Space Districts Within the City of Chula Vista Open Space District Name Location No. 1 El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road east of Paseo Ranchero 2 Lark Haven South and east of Lorna Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Blevado 5 Southbay Villas Northern end of Crest Drive 6 Hilltop Vista Camino Vista Road 7 Zenith Units 2, 3, and 4 North and south of Palomar, east of I-80S 8 Rancho Robinhood Unit 3 Surrey Drive 9 El Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road 11 Hidden Vista Village East H Street, east of! -80S 14 Bonita Long Canyon North and south of Country Vistas Lane IS Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air Ridge Northeast of Paseo Ladera and East J Street 18 Rancho del Sur Easterly end of East Naples Street 20 Rancho del Rey North of East H Street, west of Otay Lakes Road 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road 24 Canyon View Homes Rutgers A venue, south of East H Street 26 Park Bonita West of the intersection of E Street and Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Rd, west of .SR 125. 33 Broadway Business Home Village West side of Broadway between J Street and K Street Town Centre No. 1 Third A venue, north and south of F Street /?-~ Page 3, Item Meeting Date 7/14/98 TABLE 1 Open Space Districts Within the City of Chula Vista I Bay Boulevard I Bay Blvd from E Street to F Street These reports were prepared by the City Engineer or under his direction and are presented to Council for approval in order to proceed with the public hearing set for July 14, 1998 at 6:00 p.m. in accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1. Staff proposes for FY 1998/99 that the assessment be kept within that amount previously approved, increasing the FY 97/98 assessment by an inflation factor. In all cases, staff has set each collectible lower than the proposed assessment for each district. Per the City's Municipal Code, the allowable inflation factor is the lesser of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in the estimated California fourth quarter per capita personal income as contained in the Governor's budget published in January. The CPI is estimated at 1.1 % based on the San Diego Metropolitan Area and 2.1 % based on the State of California. Therefore, staff will use the CPI figure of 1.1 % based on the San Diego Metropolitan Area, which is the lesser of the two figures. Assessment increases equal to 1.1 % (CPI) are not subject to majority protest. Only assessment increases ll!.<< the CPI are subject to majority protest. All of the districts were formed as the result of a 100% petition by the land owners, with the exception of the Town Centre. However, all the maintenance for the Town Center District is within the street right-of-way. Therefore, because: 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way, the districts are exempt from the provisions of Proposition 218. Assessments & Collectibles Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against the assessment (collectible). The assessments for FY 98/99 are proposed at FY 97/98 amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under staffs recommendation, none of the open space districts are subject to a majority protest on the increase. The proposed assessments and collectibles for Fiscal Year 1998-99 are as follows: TABLE 2 PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE OSD FY 98/99 Proposed Proposed FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assmnt/ Collection/ Asamnt/ FY 97/98 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPIO> 1 $86.00 $86.00 $89.61 $90.60 $90.60 $40.00 $26,472 2 39.90 34.00 41.58 42.04 42.04 33.00 8,217 3 273.14 256.00 284.61 287.74 287.74 287.00 36,449 4 288.49 286.00 300.61 303.92 303.92 223.00 46,830 5 281.33 280.00 293.15 296.37 296.37 176.00 21,472 6 139.13 71.00 144.97 146.56 146.56 76.00 12,312 /7-3 Page 4, Item_ Meeting Date 7/14/98 OSD FY 98/99 Proposed Proposed FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assmnt/ Collection! Assmntl FY 97/98 Assmnt/ Collection! Revenue EDU EDU EDU Assmt + EDU EDU CPI(3) 7 97.19 90.00 101.27 102.38 102.38 88.00 9,152 8 443.98 442.00 462.63 467.72 467.72 366.00 40,260 9 125.83 115.00 131.11 132.55 132.55 132.00 50,688 11 85.93 85.00 89.54 90.52 90.52 53.00 70,015 14 276.21 271.00 287.81 290.98 290.98 257.00 224,454 15 265.00 263.00 276.13 279.17 279.17 214.00 12,198 17 126.85 1.00 132.18 133.63 133.63 62.00 2,852 18 299.74 270.00 312.33 315.77 315.77 222.00 86,036 20(1) 305.30(2) - - - - - 850,268 Zone 1 DB 46.32 0.00 48.27 48.80 48.80 0.00 (') Zone 2 RC 3.52 1.87 3.67 3.71 3.71 3.71 (4) Zone 3 H 5.01 4.38 5.22 5.28 5.28 2.80 (') Zone 4 BC 18.67 12.39 19.45 19.66 19.66 19.66 (') Zone 5 I 281.48 269.21 293.30 296.53 296.53 281.98 (') Zone 6 II 216.27 216.14 225.35 227.83 227.83 163.80 (') Zone 7 III 133.50 132.83 139.11 140.64 140.64 140.55 (') Zone 8 NDB 30.78 0.00 32.07 32.42 32.42 0.00 (') Zone 9 TCC 24.44 16.31 25.47 25.75 25.75 13.26 (') 23 342.71 337.00 357.10 361.03 361.03 112.00 9,987 24 513.55 377.00 535.12 541.01 541.01 375.00 15,000 26 403.06 296.00 419.99 424.61 424.61 229.00 4,351 31 416.36 1.00 433.85 438.62 438.62 108.00 37,260 33 1029.00 0.00 1072.22 1084.01 1084.01 0.00 0 Bay Blvd. 1320.69 1145.00 1376.16 1391.30 1391.30 774.00 7,740 Town Centre 46.04 8.00 47.97 48.50 48.50 16.00 16,000 (I) Collectible adjusted upon analysis of data by Parks & Recreation. (2) Represented average residential assessment in SPA!. (3) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest. (') Revenue for all zones included in overall District 20 amount. In general, all budgets have decreased due to the new bids received for the open space maintenance contracts. Savings from prior years are proposed to be used to supplement the property owner collections to provide the revenue needed for FY 98/99 maintenance while maintaining reserves between 50%-65% (City Code requires reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property owners direction to return as much excess funds as practical. For those districts where the reserve still exceeds 50-65 %, staff recommends using the savings to offset some of the assessments to give lower collectibles. This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks. Staff generally tries to keep the assessments within the CPI amount allowed by the Municipal Code each year. The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a distinction between the assessment and collectible amount; the assessment, estimated cost and collection will become the same number whenever an increase in assessment is necessary. The proposed assessment per EDD ) 7- 1-/ Page 5, Item Meeting Date 7/14/98 become the same number whenever an increase in assessment is necessary. The proposed assessment per EDU for FY 98/99 represents, in all cases, the prior year's assessment with an inflation factor of 1.1 %. The assessment per EDU is the figure to be mailed to the property owners and the collectible is the amount to be collected which is affected by reserves, savings, etc. The collectible per EDU reflects impacts of the reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment A. CAP: Proposed Proposed FY96/91 FY 91198 FY 91198 FY 91198 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPI EOU EOU aso No. 1 $86.00 $86.00 $89.61 $90.60 $90.60 $40.00 $26,412 El Rancho del Rey Units 1-4 Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $40 per Equivalent Dwelling Unit (EDU), which is less than the assessment of $90.60. Since the budget per EDU of $72.97 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $7,804 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/91 FY 91198 FY 91198 FY 91198 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPI EOU EOU aSD No.2 $39.90 $34.00 $41.58 $42.04 $42.04 $33.00 $8,217 Lark Haven Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $33 per EDU, which is less than the assessment of $42.04. Since the budget per EDU of $41.80 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $2,055 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/91 FY 91198 FY 91198 FY 91198 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPI EOU EOU aso No.3 $213.14 $256.00 $284.61 $281.14 $281.14 $281.00 $36,449 Rancho Robinhood Units 1 & 2 Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $287 per EDU, which is rounded down from $287.74. )?~5 Page 6, Item Meeting Date 7/14/98 Since the budget per EOU of $304.05 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 60.5%. The General Fund will be reimbursed $6,336 for City staff services from the Open Space District Fund for FY 1998/99. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 ABsmtl Collectionl Assmtl ABsmt+ Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU I?SD No.4 $288.49 $286.00 $300.61 $303.92 $303.92 $223.00 $46,830 Bonita Ridge Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $223 per EOU, which is less than the assessment of $303.92 per EOU. Since the budget per EOU of $264.32 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $8,900 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 ABsmtl Collection! ABsmtl ABsmt+ ABsmtI Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No.5 $281.33 $280.00 $293.15 $296.37 $296.37 $176.00 $21,472 Southbay Villas Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $176 per EOU, which is less than the assessment of $296.37 per EOU. Since the budget per EOU of $237.47 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $4,872 for City staff services from the Open Space ~istrict Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 ABsmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU I?SD No.6 $139.13 $71.00 $144.97 $146.56 $146.56 $76.00 $12,312 Hilltop Vista Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $76 per EOU, which is less than the )?-~ Page 7, Item Meeting Date 7/14/98 assessment of $146.56 per EOU. Since the budget per EOU of $92.25 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The General Fund will be reimbursed $2,743 for City staff services from the Open Space District Fund for FY 1998/99. The reserve for this district is not between 50-65%, however, the reserve has decreased from 90% in FY 1996-97 to 85% in FY 1997-98. Under this recommendation, the reserve has been reduced to 80% for FY 1998/99. It is anticipated that the reserve will be reduced each fiscal year until it is between 50-65 %, the percentage staff typically tries to maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one year because that action would result in larger increases in collectibles in future years. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU I~SD No.7 - Zenith $97.19 $90.00 $101.27 $102.38 $102.38 $88.00 $9,152 Units 2, 3, & 4 Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $88 per EOU, which is less than the assessment of $102.38 per EOU. Since the budget per EOU of $99.83 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $2,051 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No. 8 $443.98 $442.00 $462.63 $467.72 $467.72 $366.00 $40,260 Rancho Robinhood Unit 3 Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $366 per EOU, which is less than the assessment of $467.72 per EOU. Since the budget per EOU of $388.21 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $6,956 for City staff services from the Open Space District Fund for FY 1998/99. J/~ ? Page 8, Item Meeting Date 7/14/98 CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmll Collection! Assml! Assmt + Assmt/ Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No.9 $12S.83 $l1S.00 $131.11 $132.5S $132.5S $132.00 $50,688 El Rancho del Rey Units Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $132 per EDU, which is rounded down from $132.55. Since the budget per EDU of $147.64 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 57.5%. The General Fund will be reimbursed $9,080 for City staff services from the Open Space District Fund for FY 1998/99. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assml! Collectionl Assmtl Assmt+ Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU I?SD No. 11 $85.93 $85.00 $89.54 $90.52 $90.52 $53.00 $70,015 Hidden Vista Village Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $53 per EDU, which is less than the assessment of $90.52 per EDU. Since the budget per EDU of $84.38 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $17,393 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assml! Assmt + Assmll Collectionl Revenue EDU EDU EDU CPI EDU EDU OSD No. 14 $276.21 $271.00 $287.81 $290.98 $290.98 $2S7.00 $224,454 Bonita Long Canyon Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $257 per EDU, which is less than the assessment of $290.98 per EDU. Since the budget per EDU of $278.94 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $37,451 for City staff serviCj lm ~pen Space District Fund for FY 1998/99. Page 9, Item Meeting Date 7/14/98 CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmt! Assmt + Assmt! Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No. 15 $265.00 $263.00 $276.13 $279.17 $279.17 $214.00 $12,198 Bonita Haciendas Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends a collectible of $214 per EOU, which is less than the assessment of $279.17 per EOU. Since the budget per EOU of $278.79 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $2,887 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt + Assmt! Collectionl Revenue EDU EDU EDU CPI EDU EDU I~SD No. 17 $126.85 $1.00 $132.18 $133.63 $133.63 $62.00 $2,852 Bel Air Ridge Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $62 per EOU, which is less than the assessment of $133.63 per EOU. Since the budget per EOU of $1l7.50 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 80%. The General Fund will be reimbursed $2,495 for City staff services from the Open Space District Fund for FY 1998/99. The reserve for this district is not between 50-65 %. Under this recommendation, the reserve has been reduced from 100% in FY 1997-98 to 80% for FY 1998/99. It is anticipated that the reserve will be reduced each fiscal year until it is between 50-65 %, the percentage staff typically tries to maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one year because that action would result in larger increases in collectibles in future years. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collection! Assmt! Assmt + Assmt! Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No. 18 $299.74 $270.00 $312.33 $315.77 $315.77 $222.00 $86,036 Rancho del Sur Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $222 per EOU, which is less than the assessment of $315.77 per EOU. Since the budget per EOU of $276.12 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior /7-7 I Page 10, Item Meeting Date 7/14/98 years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $16,717 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed OSD No. 20 FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Rancho del Rey AssmntlEDU Collection! AssmnU Assmt + AssmnUEDU Collectionl Revenue EDU EDU CPI EDU(l) Zone 1 - Desilt 46.32 0.00 48.27 48.80 48.80 0.00 0 Basin Zone 2 - Rice 3.52 1.87 3.67 3.71 3.71 3.71 14,778 Canyon Zone3-HSt. 5.01 4.38 5.22 5.28 5.28 2.80 17,318 Zone 4 - Business 18.67 12.39 19.45 19.66 19.66 19.67 52,029 Centre Zone 5 - SPA I 281.48 269.21 293.30 296.53 296.53 281.98 506,158 Zone 6 - SPA II 216.27 216.14 225.35 227.83 227.83 163.80 93,888 Zone 7 - SPA III 133.50 132.83 139.11 140.64 140.64 140.55 165,402 Zone 8 - North 30.78 0.00 32.07 32.42 32.42 0.00 0 Desilting Basin Zone 9 - Telegraph 24.44 16.31 25.47 25.75 25.75 13.26 696 Canyon Channel (I) The collectible is based on final figures received from Parks & Recreation. Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely developed, SPA n and SPA ill homes are under construction. The OSD was established in 1989 encompassing all three areas with the understanding that the open space improvements would be constructed in phases. Because this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made up of several zones as indicated above. Every property within the district is in more than one zone. TABLE 3 Typical Combined Assessment (FY98/99) SPA I (Zones 1 or 8, 2, 3, & 5) $322 SPA n (Zones 1 or 8, 2, 3, & 6) $286 SPA III (Zones 1 or 9, 3, & 7) $156 Business Centre (Zones 1, 2, 3, & 4) * * Industrial (per acre) $889 * Commercial (per acre) $1,118 Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been attached. Staff recommends that the assessments remain the same for each zone as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal to or below the proposed assessment. The reserves for each zone vary depending upon the budgets, reserves and ) 7-/7 Page 11, Item Meeting Date 7/14/98 amortized costs (see budget worksheet). The reserve requirement for this district is acceptable, pursuant to City Municipal Code. The General Fund will be reimbursed $138,331 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt+ Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No. 23 - Otay $342.71 $337.00 $357.10 $361.03 $361.03 $112.00 $9,987 Rio Business Park Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $112 per BDU, which is less than the assessment of $361.03 per BDU. Since the budget per BOU of $134.27 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $2,292 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 AssmtJ Collectionl Assmtl Assmt + AssmtJ Collection! Revenue EDU EDU EDU CPI EDU EDU OSD No. 24 $513.55 $377.00 $535.12 $541.01 $541.01 $375.00 $15,000 Canyon View Homes Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes. Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $375 per BOU, which is less than the assessment of $541.01 per BOU. Since the budget per BOU of $480.58 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $3,393 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 AssmtJ Collection! AssmtJ Assmt + AssmtJ Collection! Revenue EDU EDU EDU CPI EDU EDU I~SD No. 26 $403.06 $296.00 $419.99 $424.61 $424.61 $229.00 $4,351 Park Bonita Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $229 per BDU, which is less than the assessment of $424.61 per BOU. Since the budget per BOU of $326.95 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The /7'/ / - I Page 12, Item Meeting Date 7/14/98 General Fund will be reimbursed $1,418 for City staff services from the Open Space District Fund for FY 1998/99. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmt/ Collectionl Assmtl Assmt + Assmtl Collectionl Revenue EOU EOU EOU CPl EOU EOU OSO No. 31 $416.36 $1.00 $433.85 $438.62 $438.62 $108.00 $37,260 Telegraph Canyon Estates Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $108 per EDD, which is less than the assessment of $438.62 per EDD. Since the budget per EDD of $272.77 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $14,758 for City staff services from the Open Space District Fund for FY 1998/99. There were excess funds available in this district because staff anticipated that the turnover of improvements would occur in FY 94/95. Therefore, staff began collecting the assessment with the belief that the City would begin maintenance that fiscal year. Since turnover of improvements did not occur (except for the medians) which left excess funds for the district, no revenue was collected FY 95/96. For FY 96/97, staff anticipated that the turnover of improvements would occur that fiscal year and, therefore, collected $271 per EDD. Since turnover of improvements did not occur, which left excess funds, OulY $1 per EDD was collected in FY 97/98. It is now anticipated that the turnover of improvements will occur in July of 1998. Therefore, staff now recommends a collectible of $108 per EDD for FY 98/99, which is less than the amount of $271 per EDD collected in FY 96/97. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt + Assmt/ Collectionl Revenue EOU EOU EOU CPl EOU EOU OSO No. 33 $1,029.00 $0.00 $1,072.22 $1,084.01 $1,084.01 $0.00 $0 Brosdway Business Home Village No funds collected since inception. Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. The budget per EDD is $695.56, however, staff recommends a collectible of $0.00 per EDD. The reserve under this recommendation will be 0%, since no construction completion is anticipated for FY 1998-99. Community Development has requested, since FY 96/97, that no funds be collected because no construction has been done on this project. However, staff may recommend collecting revenue for FY 1999/2000 because funds will be needed to do required open space maintenance if construction is completed that fiscal year. /7- /.2 Page 13, Item Meeting Date 7/14/98 CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt + Assmt! Collection! Revenue EDU EDU EDU CPI EDU EDU Bay Boulevard Open $1,320.69 $1,145.00 $1,376.16 $1,391.30 $1,391.30 $774.00 $7,740 Space Maintenance District Note: Costs of this district are shared between four commercial properties. Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $774 per EDD, which is less than the assessment of $1,391.30 per EDD. Since the budget per EDD of$1,514.oo exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 70%. The General Fund will be reimbursed $9,661 for City staff services from the Open Space District Fund for FY 1998/99. Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will review the district's budget and reserve in future years in an attempt to lower the budget and to determine whether there are additional savings. CAP: Proposed Proposed FY96/97 FY 97/98 FY 97/98 FY 97/98 FY98/99 FY98/99 FY98/99 Assmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue EDU EDU EDU CPI EDU EDU Town Centre Open $46.04 $8.00 $47.97 $48.50 $48.50 $16.00 $16,000 Space Maintenance District Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $16 per EDD, which is less than the assessment of $48.50 per EDD. Since the budget per EDD of $45.42 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The General Fund will be reimbursed $24,988 for City staff services from the Open Space District Fund for FY 1998/99. ~ The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notices of the hearings to all open space districts. The notice informed each resident of hislher district, the current year assessment, the CPI adjustment and the proposed assessment for FY 98/99. The Public Works (Open Space staff) has conducted budget information meetings for all property owners within each district on June 13, 1998. At the meetings, staff explained the proposed budget to interested owners (approximately 12,000 properties received notice). 17-/3 Page 14, Item_ Meeting Date 7/14/98 No letters of protest received. FISCAL IMPACT: Staff costs associated with the open space program are generated by Public Works (including Open Space staff) and Data Processing. Contractual costs ($889,804) are outlined in Attachment A. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The total General Fund reimbursement for City staff services from the above listed Open Space District Funds for FY 1998/99 is estimated to be $332,581. Attachments: A Cost Summary ~ B District Maps C OSD 20 Assessment . . ~~ ~ H:\HOME\ENGINEER\AGENDA\OSROIPH2.BOB 07/07/984:58pm ) 7~)'1 RESOLUTION NO. /9 fJF/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT, AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR OPEN SPACE MAINTENANCE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, AND TOWN CENTRE WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as follows: 1. Open Space District Nos. 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 2 6, 3 1 and 33. 2. Bay Boulevard and Town Centre Maintenance Districts. WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and, WHEREAS, on May 26, 1998, the City Council approved the Engineer's Reports and set June 23 and July 14, 1998 as the dates for the public hearings; and, WHEREAS, the proposed individual assessments for Fiscal Year 1998-99 as they compare to the last year are shown below: 1 /7//3 PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE OSD FY 98/99 Proposed Proposed FY 96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assmnt/ Collection/ Assmnt/ FY 97/98 Assmnt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU CPI'3) 1 $86.00 $86.00 $89.61 $90.60 $90.60 $40.00 $26,472 , 2 39.90 34.00 41.58 42.04 42.04 33.00 8,217 3 273.14 256.00 284.61 287.74 287.74 287.00 36.449 4 288.49 286.00 300.61 303.92 303.92 223.00 46,830 5 281.33 280.00 293.15 296.37 296.37 176.00 21.472 6 139.13 71.00 144.97 146.56 146.56 76.00 12,312 7 97.19 90.00 101.27 102.38 102.38 88.00 9,152 8 443.98 442.00 462.63 467.72 467.72 366.00 40,260 9 125.83 115.00 131.11 132.55 132.55 132.00 50.688 11 85.93 85.00 89.54 90.52 90.52 53.00 70,015 14 276.21 271.00 287.81 290.98 290.98 257.00 224.454 15 265.00 263.00 276.13 279.17 279. 17 214.00 12,198 17 126.85 1.00 132.18 133.63 133.63 62.00 2,852 18 299.74 270.00 312.33 315.77 315.77 222.00 86,036 20(1) 305.30(2) - - - - - 850,268 Zone 1 DB 46.32 0.00 48.27 48.80 48.80 0.00 (4) Zone 2 RC 3.52 1.87 3.67 3.71 3.71 3.71 (4) Zone 3 H 5.01 4.38 5.22 5.28 5.28 2.80 (4) Zone 4 BC 18.67 12.39 19.45 19.66 19.66 19.66 (4) Zone 5 1 281.48 269.21 293.30 296.53 296.53 281.98 (4) Zone 6 11 216.27 216.14 225.35 227.83 227.83 163.80 (4) Zone 7 111 133.50 132.83 139.11 140.64 140.64 140.55 (4) Zone 8 NDB 30.78 0.00 32.07 32.42 32.42 0.00 (4) Zone 9 TCC 24.44 16.31 25.47 25.75 25.75 13.26 (4) 23 342.71 337.00 357.10 361.03 361.03 112.00 9,987 24 513.55 377.00 535.12 541.01 541.01 375.00 15,000 26 403.06 296.00 419.99 424.61 424.61 229.00 4,351 31 416.36 1.00 433.85 438.62 438.62 108.00 37,260 33 1029.00 0.00 1072.22 1084.01 1084.01 0.00 0 Bay Blvd. 1320.69 1145.00 1376.16 1391.30 1391.30 774.00 7,740 Town Centre 46.04 8.00 47.97 48.50 48.50 16.00 16,000 (1) Collectible adjusted upon analysis of data by Parks & Recreation. (2) Represented average residential assessment in SPA I. (3) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest. (4) Revenue for all zones included in overall District 20 amount. 2 /7--/6 r. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed from the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessments as proposed in the modified Engineer's Report for the 1998-99 fiscal year and set forth hereinabove for Open Space Districts 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Bay Boulevard and Town Centre Maintenance Districts. Presented by Approved as to form by ~ I'\,~~ ~{G--- John M. Kaheny, Ci y Attorney John P. Lippitt, Director of Public Works H:\home\lorraine\cdrive\rs\OSLevy.all 3 /7--/7 COUNCIL AGENDA STATEMENT Item ) rr Meeting Date 7/14/98 ITEM TITLE: Public Hearing: Open Space District No. 10 for Fiscal Year 1998-99. Resolution / 9' #~ering certain open space and maintenance facilities to be maintained, approving modification to the Engineer's Report and levying the assessments for Fiscal Year .~9'8/99 Open Space District No. 10. SUBMITIED BY: Director of Public Works (ff.I REVIEWED BY: City Manager~ O~ (4/5ths Vote: Yes_NoX) Based upon the advice of the City Attorney, agenda items I $' and 11 have been separated due to conflict of interest concerns. Two Council members own property subject to the proposed assessment in this district. Council should note that agenda statement gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on Open Space District 10. A public hearing was held on June 23, 1998, to receive testimony on the proposed assessments. This is the second and final public hearing as required by law. RECOMMENDATION: That Council: I) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve the modification to the Engineer's Report and levying the assessments for FY 1998/99. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10 located along East J Street, west of Paseo Ranchero (see Attachment A). Table I relates the present year's assessment to the proposed assessment for Fiscal Year 1998199. Agenda item of tonight's agenda contains all the general information regarding open space districts. /8"-) Page 2, Item Meeting Date 7/14/98 TABLE 1 PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTffiLE FY 98/99 Proposed Proposed FY96/97 FY 97/98 FY 97/98 CAP: FY98/99 FY98/99 FY98/99 Assmll Collection/ AssmtI FY 97/98 Assmt/ Collection! Revenue EDD EDD EDD Assmt + EDD EDD CPI(I) Open Space District No. 10 El Rancho del Rey 6 & $84.91 $84.00 $88.48 $89.45 $89.45 $87.00 $54,842 Casa del Rey (I) FY 98/99 assessment may he set at or helow this cap without heing subject to a majority protest. Staff recommends that the assessment remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. However, staff recommends a collectible of $87 per Equivalent Dwelling Unit (BDU), which is less than the assessment of $89.45. Since the budget per EDU of $87.59 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. Because this district was formed as a result of a 100% petition by the land owners and the assessment is not being raised above the CPI, as provided for in assessment formula, this district is exempt from the provision of Proposition 218. FISCAL IMPACT: Staff costs associated with the open space program are generated by Public Works (including Open Space staff), and Data Processing. Contractual costs ($30,970) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $8,856 from the OSD fund for FY 1998-99. Attachments: A District Map B Estimate of Cost H:\HOMB\BNOINBBR.\AOBNDA\OSDI0PH2.BOB /(tr2 " " p~' . -I '~ c=: ~Q ~ ~ . . c=: :~~ ~ .:E ~ ~ ~b +- >- ~ : .~~ ~ ~~ ~ Gl .... Z w :E J: ~ .. : ~ ~ w \;) ~ ~ i ... o ~ :E ~ I'- 0> 0> ~ o~ ~ d Zco bO> _0> 1=";" ",I'- _0> 00> w~ ~ '" zO> wO> 1>.0> o~ 0/, 0> 0> ~ o o 0:; CO ~ ... 000000 000000 "":oLOC"icnd ClOOClOT""(I)CO .....C'\IC'\IU).....M ('1)- ai.r= ~ M o 000000 0 o 000000 0 d "":dtriMc>>d cd ClO ClOOc:o..-(f)CO ..... T"" .....NNCO,....C') T"" tit Cf)- <<i <r-- to ~ M It) ... o 000000 0 o 000000 0 d "';occiocno cO 0) CI00ll).....C')CX) T"" N .....C\ICOQ)r--.(I) ("II .,. (1)- <<J-O. an ~ M It) ... o en U 1 1j w m ~ 2 U ~ g 1;; ~ D...... vi Z .!!!: 1)_ O)ccn W C C) cn:B:ocu l- II! "" :lilillll!i~~'~.~ z (j C c.2oQ."(i=Q);t:: <( ';:.2 'iij2:'''''E'ElJ).!!J"g ; .. 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"#. ~ ~ 0 ~ '5 0: E U 0 '" 01:: j ~ +-'_:JC ""o~ ~~~"E ~i.w~ ~~dl~ I a. ~ ~ j J ~ ~ ~ c ~ i :; :i: RESOLUTION NO. /9tJE'.:z RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR OPEN SPACE DISTRICT NO. 10 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance (" Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as Open Space District No. 10; and WHEREAS, in accordance wi th the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and, WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, on May 26, 1998, the City Council approved the Engineer's Report and set June 23, 1998 and July 14, 1998 as the dates for the public hearings; and, WHEREAS, the proposed individual assessment for Open Space District 10 for Fiscal Year 1998-99 is shown below: 1 )g/f PRIOR FY'S YS. FY 98/99 ASSESSMENT/COLLECTIBLE FY 98/99 Proposed Proposed FY96/97 FY 97/98 FY 97/98 CAP: FY98/99 FY98/99 FY98/99 Assmt/ Collection/ Assmt/ FY 97/98 Assmt/ Collection/ Revenue EDU EDU EDU Assmt + EDU EDU , CPI(1) Open Space District No. 10 El Rancho del Rey 6 & $84.91 $84.00 $88.48 $89.45 $89.45 $87.00 $54,842 Casa del Rey (1) FY 98/99 assessment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to Open Space and Maintenance District No. 10, that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Engineer's Report for the 1998-99 fiscal year and set forth hereinabove for Open Space and Maintenance District No. 10. Presented by Approved as to form by ~~~ City Attorney John P. Lippitt Director of Public Works H:\home\lorraine\cdrive\rS\OSlOLevy /1> ;, 2 COUNCIL AGENDA SfATEMENT Item-d. Meeting Date 7/14/98 SUBMITl'JW BY: Public Hearing: Eastlake Maintenance District No.1 for Fiscal Year 1998-99. Resolution /IPo~rdering certain open space and maintenance facilities to be maintained, approving modification to the Engineer's Report and levying the assessments for Fiscal Year 1998-99 Eastlake Maintenance District No. 1. Director of Public Works ~ City Manager~f/ 'O~ (4/5ths Vote: Yes_No.xJ f.-l Based upon the advice of the City Attorney, agenda items I t6 and \11 have been separated due to conflict of interest concerns. One Council member owns property subject to the proposed assessment in this district. Council should note that agenda statement gives all background information and details on open space districts in general which is applicable to this item, but does not include specific information on EastIake Maintenance District No.1 (ELMD1). ITEM TITLE: REVIEWED BY: A public hearing was held on June 23, 1998, to receive testimony on the proposed assessments. This is the second and final public hearing as required by law. RECOMMENDATION: That Council: 1) Open the hearing, take testimony, close the hearing. 2) Direct staff to tally all protests. 3) Adopt the resolution to approve modifications to the Engineer's Report and levy the assessments for Fiscal Year 1998/99. DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay Lakes Road, adjacent to "SR 125" (Attachment A). Table 1 relates the present year's assessment to the proposed assessment for the Fiscal Year 1998/99. Agenda item of tonight's agenda contains all the general information regarding open space districts. )9~/ r Page 2, Item Meeting Date 6/23/98 TABLE 1 PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE OSD FY 98/99 Proposed Proposed FY96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assmt! Collection! Assmtl FY 97198 Assmt! Collectionl Revenue EDU EDU EDU Assmt + EDU EDU(4) CPI(3) ELMD #1(1) $207,046 Eastlake I $9.53 $8.10 $9.93 $10.04 $10.04 $8.48 Eastlake Greens 15.59 10.65 16.25 16.43 16.43 11.53 OTC 129.10 0.00 134.52 136.00 136.00 7.83 Salt Creek I 172.19 167.74 179.42 181.39 181.39 181.32 TC Cbannel(2) 24.55 15.95 25.58 25.86 25.86 13.58 (1) All areas share in the cost of Otay Lakes Road medians and off-site parkways. (2) Portions of Eastlake I BC and Eastlake Greens are in benefit area. (3) FY 98/99 assessment may be set at or below this cap without being subject to majority protest. (4) Collectible adjusted upon analysis of data by Parks & Recreation. Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within ELMO 1. A map showing the proposed typical assessments by area has been attached. On this map, the Eastlake Business Center parcels' assessment is shown at $340.13 per acre. Staff recommends that the assessments for each of the areas remain the same as FY 97/98 plus a CPI of 1.1 % as set forth in the Chula Vista Municipal Code. Staff recommends an annual collectible, as shown in Table 1, which is below the assessment amount. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum) as soon as feasible. Because this district was formed as a result of a 100% petition by the land owners and the assessment is not being raised above the CPI, as provided for in assessment formula, this district is exempt from the provision of Proposition 218. Olymoic Traininl! Center On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO Olympic Training Center to continue maintenance of the Wueste Road landscape improvements. Incorporated in the agreement are safeguards to ensure the maintenance is performed to City standards. There are indemnity provisions for both parties for the use of the paths along Wueste Road. However, OTC has turned over to the City the maintenance of a newly constructed median on East Orange Avenue. Therefore, staff recommends setting the collectible at $7.83 per EDU to cover the maintenance cost. Public Works' staff (Open Space) has indicated that OTC will continue maintenance of the Wueste Road landscape improvements until the Eastlake Trails' property has been developed. After this occurs, OTC will turn over all the maintenance to the City as the property owners within Eastlake Trails will share in the maintenance cost. Presently, OTC is maintaining Wueste Road slopes with the services of the landscape maintenance firm performing maintenance services within the Training Center. This contractor is performing this service at a price lower than a typical City solicited price. Landscape maintenance ftrmS sometimes subsidize the maintenance of high visibility, high publicity areas to take advantage of publicity opportunities such sites can provide. The proposed assessment was /'7- 2- Page 3, Item Meeting Date 6/23/98 developed on the basis of the City maintaining all of the Wueste Road landscape improvements. Until the City takes over maintenance, there will continue to be a large difference between the collectible and the proposed assessment. FISCAL IMPACT: Staff costs associated with the open space program are generated by Public Works (including Open Space staff) and Data Processing. Contractual costs ($89,805) are outlined in Attachment B. These costs are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund will be reimbursed $35,197 for City staff services from the OSD fund for FY 1998-99. Attachments: A District Map B Estimate of Cost C ELMO I Assessment Map F:\HOME\ENGINEER\AGENDA\OSBLMDP2.BOB )9~ :1 . ., ... .<: " c tS . o Z a: b ;1. - ~$ ~ ;! il -.~ Q.>~ . . ~ . ~ ~iC Z =-Ci C( D . z g &&.I. ~! ~ ::! ~ u~ ~i t; c:{ &&J ~z P- III "l . .... h AGRAM EASTLAKE MAINTENANCE 'DISTRICT NO.1 . . . ( CITY OF OIULA VISTA COUNTY OF SAN DIEGO, STATE OF CALtFORNIA . - , .:'~\ II ~-- <'!:~ ~\\ \\ II ../.........--::::.,#"- I ~I!) "-.II _-::/ ,~, .tI!'. II' ';.............- " IV \ # /"'.:.'1/. "A I" ,II II II II ~ I' I\' l i I{ II IJ'/ . I \ \ iiI \ I ,\\ ~f I I 1 'f \ \ ZONE B ' : I \ JI II ',I Ir-=-IF~~ \'1 I I I " ----..\\\ J ; I II' ,,~--_...:..----\~ /1/ j 1\ ---. ~~\ ,! I / / \\ ~~ I, // \ ~~ I I{ \~ '\.~ r~ 11 - _'\~~ )\-~ "", ,'/'~ ". I ~ ,~ ,~. ~ '~~ ,f' \& I '\:~....;-_.....~~ ~ --;:~~:&-/- ... ~""'- ~;-.",-. -- ~ . . ( ............'1 . ....... ..... 10 .. .,.,.,.., OJ ..... 1OI1IO,"lIltOlO'-- -..,- _...... Of ....II .~~. . Jq/~ .0 f\tl A ~., ~w 1l .~..-rIlCl.1 ...,~.. 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Gl >- ~ o .~ E ,g ::J Gl C'" w" Gl~ :;s'" :at: Gl 8 = ~ o Gl UD.. - " Gl E >- .. loa. =... o " .., Gl " > ~ Gl Gl E , 0 Glol:: :;s Gl 13 ~ Gl Gl = > o Gl UQ: e .. ~ ?f!. 0 :: .~ a:: E U E! .c: - ~ ~ --::::>~ l::COJ:: cPCPwCJ iill tl Gl ~ D.. ~ j I !. ~ c .8' ~ o ~ :i Eastlake Maintenance District NO.1 FY 1998/99 BUDGETVVORKSHEET Overall Zone A Zone B Zone C Zone D Zone E OLR Eastlake I Greens OTC Salt Creek TC Chann TOTAL Budget 29,599 70,410 31,805 1,745 67,598 6,378 207,535 Reserve Req1 29,599 45,767 20,673 873 42,046 0 138,957 Special Reserve 0 0 0 0 0 21,592 21,592 Total Funds Req'd 59,198 116,177 52,478 2,618 109,644 27,970 368,084 Less amount in reserve 18,319 55,693 20,906 0 29,607 21,592 146,117 Less estimated interest 2,406 4,722 2,133 106 4,456 1,137 14,960 Subtotal 20,725 60,415 23,039 106 34,063 22,729 161,077 Net payment 38,473 55,762 29,439 2,511 75,581 5,241 Participating ADrs 137,045 98,286 33,759 5,000 4,234 386 FY 98/99 CosllEDU 2.16 7.16 9.42 3.49 159.86 16.52 Asmt Asmt Asmt Payment Payment Asmt> FV 96/97 FY 97/98 FY 98/99 FY 97/98 FY 98/99 Payment 9.53 9.93 10.04 8.10 8.48 Ves 15.59 16.24 16.42 10.65 11.53 Ves 129.10 134.52 136.00 0.00 7.83 Ves 172.18 179.41 181.38 167.74 181.32 Ves 24.55 25.58 25.86 15.95 13.58 Ves Zone AlOLR Zone B/OLR Zone C/OLR Zone D/OLR Zone E Notes: 1. OLR shown as part of Zone A & B 2. Budget for OLR is for ELMD1 only, balance is in OSD 31 for FY98/99 per N. VVoods. 3. FY 98/99 Zones A thru D and OLR share DPVV staff ($5500), included in budgets. 4. Zone E is not budgeted, reflects $80 adjustment-see budget line 5. Zone D/OLR includes Zone A 6. Zone C - $38,655 refunded to OTC. Per Jerry F. reserve & special reserve at zero. h:\homelengineer\openspacI98elsp.wq1 6/30/98 19--6 ~ , ~ W <0 ~ ~ en e c" <01 o -+ - RESOLUTION NO. / '1tJ 03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as Eastlake Maintenance District No.1; and WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and, WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and, WHEREAS, on May 26, 1998, Engineer's Report and set June 23, dates for the public hearings; and, the City Council approved the 1998 and July 14, 1998 as the WHEREAS, the proposed individual assessment for Eastlake Maintenance District 1 for Fiscal Year 1998-99 is shown below: 1) <7 ~ / () . PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE OSD FY 98/99 Proposed Proposed FY96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assmt/ Collection/ Assmtl FY 97/98 Assmtl Collection/ Revenue EDU EDU EDU Assmt + EDU EDU(4) CPI(3) ELMD #I(l' $207,046 Eastlake I $9.53 $8.10 $9.93 $10.04 $10.04 $8.48 Eastlake Greens 15.59 10.65 16.25 16.43 16.43 11.53 OTC 129.10 0.00 134.52 136.00 136.00 7.83 Salt Creek I 172.19 167.74 179.42 179.42 181.39 181.32 TC Channel(2) 24.55 15.95 25.58 25.58 25.86 13.58 (lJ All areas share in the cost of Otay Lakes Road medians and oil-site parkways. (2) Portions of Eastlake I BC and Eastlake Greens are in benelit area. (3) FY 98/99 assessment may be set at or below this cap without being subject to majority protest. (4) Collectible adjusted for available figures. NOW, THEREFORE, BE IT RESOLVED as to Eastlake Maintenance District No.1, that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modi f ied Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Engineer's Report for the 1998-99 fiscal year and set forth hereinabove for Eastlake Maintenance District No.1. Presented by Approved as to form by CAr- ~ ~ John M. Kaheny City Attorney John P. Lippitt Director of Public Works H:\home\lo~raine\cdrive\RS\OSlOLEVY 2 /9-) / COUNCIL AGENDA STATEMENT Item c2 (J Meeting Date 7/14/98 ITEM TITLE: Public Hearing declaring the intent to increase the Open Space District #10 assessment on the BellaJ:~e~~na/ubdivision. , SUBMITTED BY: Director of Public Works ('ff1I , REVffiWED BY: City Manager ~"9lY 4/5 Vote Yes_ N~ On May 26, 1998, the City Council approved the proposal to 1) subdivide a parcel consisting of 5.25 gross acres into 28 lots for the Bella Nevona subdivision ranging in size from 5,000 sq. ft to 8,300 sq. ft. and 2) amend the development standards contained in the Ranchero Sectional Planning Area (plan) to allow a reduction in minimum lot sizes and set back requirements and 3) order the initiation of assessment ballot procedures applicable to the parcel for which it is proposed that the Open Space District #10 assessment will be increased and 4) schedule a public hearing on the intent to increase the Open Space District #10 assessment on this subdivision. RECOMMENDATION: That Council continue the public hearing to July 28, 1998 at 6:00 P.M. DISCUSSION: On tonight's agenda is a related report levying the assessments for Fiscal Year 1998-1999. Open Space District #10 is generally located along East "J" Street from Cassia Place to Paseo Ranchero (see Attachment 1). Approximately 630 equivalent dwelling units (edu's) are located within the district boundaries." The proposed "Bella Nevona" subdivision would add 28 edu's to this district and will not increase the open space facilities to be maintained. Due to a delay in the transfer of ownership on the parcel, the developer has requested that the public hearing be continued for two weeks to July 28, 1998. Staff has discussed this issue with the City Attorney's office and concur with the developer that this public hearing be continued for two weeks. On May 26, 1998 the City Council approved a recommendation which adopted a resolution to order the initiation of assessment ballot procedures, in compliance with the requirements of proposition 218, applicable to the parcel for which it is proposed to increase the assessment. FISCAL IMPACT: The applicant has paid for all processing costs associated with this application. The addition of 28 homes will add approximately 4% edu's into the district and reduce the assessment by approximately 4 % to existing edu' s in the district at buildout. File No.: 0600-80-BNOOll & 0725-30-0SDIO July 7, 1998 (4:48PM) H:IHOMEIENGJNEERIAGENDA IBEN20SD 10.FXR cJ,tI-! COUNCIL AGENDA STATEMENT Item Jj Meeting Date 7/14/98 ITEM TITLE: Public Hearing regarding the adjustment of the Telegraph Canyon Drainage Fee Resolution Adjusting the Telegraph Canyon Drainage Fee as provided for in Ordinance No. 2384 SUBMITTED BY: Ordinance Amending the Telegraph Canyon Drainage Plan to add environmental mitigation measures requested by State and Federal agencies and to include updated cost estimates Director of Public Works ~ City Manager ~: Q V (4/5ths Vote: Yes _ NoX) REVIEWED BY: Staff is working on modifying the format of the amendment as well as making some legal refinements to the ordinance. Therefore, it is recommended that this item be continued to the meeting of August 4, 1998. H:\HOME\ENGINEER\AGENDA\TCFEE.FP c2) - / COUNCIL AGENDA STATEMENT Item :22 Meeting Date 7/14/98 ITEM TITLE: /9-. Resolution Jft>S"fEstablishing the Compensation for Executive Managers as reflected in Exhibit A 13, Resolution / 7' t'Y' >Establishing the Compensation for Senior Managers as reflected in Exhibit A C Resolution J1.t?l?~ Establishing the Compensation for Middle Managers as reflected in Exhibit A D. Resolution J ?t>3'? Establishing the Compensation for Confidential Employees as reflected in Exhibit A E. Resolution /7t>:93 Approving Pay and Benefit Increases for Mayor and Council as reflected in Exhibit A ;::: Resolution J 9p7';! Establishing the Compensation for Unclassified Hourly employees as reflected in Exhibit A a. Resolution / 1t! .r'rAdopting the Memorandum of Understanding provisions with the Western Council of Engineers (WCE) as reflected in Exhibit A JI. Resolution )1'#39 Adopting the Memorandum of Understanding provisions with the Chula Vista Employees Association (CVEA) as reflected in Exhibit A ;J: Resolution J"/b'9.t?Adopting the Memorandum of Understanding provisions with the International Association of Fire Fighters (IAFF) as reflected in Exhibit A .::J: Resolution /9 tJ 75Adding New Positions and Approving Special Salary Adjustments for Certain Classifications as reflected in Exhibit A J(. Resolution J r Or" Amending the Fiscal year 98-99 Budget and Appropriating Funds to Cover Labor Cost Increases as reflected in Exhibit A . . REVIEWED BY: City Manager SUBMITTED BY: Director of Human Resources (!jJ Director of Finance ~ Pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next 3 fiscal years. Details of those recommendations and summaries of agreements with CVEA, IAFF, and WCE and corresponding resolutions follow. Formal revised MOU's will be brought to Council for final approval at a later date. (4/5ths Vote: Yes X-No=) 2.2-/ Page 2, Item Meeting Date 07/14/98 RECOMMENDATION: Adopt the Resolutions which: 1). Establish compensation levels for Management, Confidential and Hourly employees; 2). Establish Memorandum of Understanding provisions for employees represented by the Western Council of Engineers, the Chula Vista Employee's Association, and the International Association of Fire Fighters; 3). Add new positions and adjust salaries for certain classifications and 4). Amend the FY 98-99 Budget and appropriate additional funds for these labor cost increases. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached Compensation Resolutions for Executive Management, Senior Management, Middle Management, and Confidential employees provide for salary and benefit adjustments through 7/1/2001. The recommended salary increases are: 3% January, 1999,4% January, 2000, and 5% January, 2001. A Management benefit, which will not become effective until 7/1/99, is Vacation Sell-back, which will provide employees who have sufficient vacation balances the opportunity to sell back up to 2 weeks of accrued vacation leave. New benefits applicable to all groups including CVEA, IAFF, and WCE are: . Special Assignment Pay, whereby employees assigned by the City Manager to a special project may receive up to 5% additional pay for the duration of the assignment. . Mileage reimbursement at the current IRS maximum, and full reimbursement at that rate for all approved miles traveled thereby modifying Council Policy 120-01 (total cost of $3,558). . An additional hard holiday for Martin Luther King, Jr.'s Birthday (total cost for CVEA, IAFF of $18,750). Additional benefit adjustments for each group are detailed below. Costs are included only for those items for which a current year appropriation is necessary. EXECUTIVE AND SENIOR MANAGEMENT As currently constituted, the Executive Management Group includes all upper management positions at the Police Captain, Deputy Director levels and above. It is recommended that the Executive Group now be limited to the City Manager, the Deputy and Assistant City ;J, .2.. - ;z. - I Page 3, Item Meeting Date 07/14/98 Manager, Department Heads, City Clerk, City Attorney and Senior Assistant City Attorney. Recommended adjustments for Executives include: .- . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Annual Flexible Benefit Plan increase from $6,025 to $8,500 . Administrative Leave of 80 hours annually effective July 1, 1998 . Vacation sell-back of 2 weeks, effective July 1, 1999 . 6 months Severance Pay for Department Heads . The Chief of Police and Fire Chief are authorized to use a City-owned vehicle provided to them in accordance with the Council Policy on "Use of City Vehicles and Auto Allowance". This new Senior Management Group is comprised of all Assistant Department Heads and equivalent positions, Deputy Directors and Police Captains, all previously in the Executive Group. In addition, three positions have been moved into this group (Salary Band E-1) from Middle Management. These are Risk Manager, Purchasing Agent and Fire Marshal. The major adjustments for this group are: . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Annual Flexible Benefit Plan increase from $6,025 or $7,000 . Administrative Leave of 64 hours annually effective July 1, 1998 . Vacation sell-back of 1 week, effective July 1, 1999 Fiscal year 1999 cost of these adjustments is $105,453; less revenue offsets of $24,726 for a net cost of $80,727. MIDDLE MANAGEMENT This group became a certified bargaining unit in February of 1997. As a result of that action an MOU was negotiated and adopted for FY 1997-98. The Chula Vista Mid Manager's Association has indicated that they intend to decertify at the earliest time allowed by the City's Employer/ Employee Relations Policy (January, 1999). In the interim, a compensation resolution has been prepared to cover the provision of benefits for members of this group, and no MOU will be re-negotiated. For issues outside the compensation resolution, the MOU will be a reference until the Association decertifies. The major adjustments for this group are: ~ eJ}.-J Page 4, Item Meeting Date 07/14/98 . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Annual Flexible Benefit Plan increase from $5,545 to $6,500 . Administrative Leave of 56 hours annually effective July 1, 1998 . Vacation sell-back of 1 week, effective July 1, 1999 Fiscal year 1999 cost of these adjustments is $164,220; less revenue offsets of $40,000 for a net cost of $124,220. CONFIDENTIAL This unit (previously the Unrepresented Group), has included those positions which regularly deal with confidential labor relations issues/material. In addition, 3 new classifications have been added: Confidential Administrative Office Specialist, Benefits Technician, and Payroll Technician. The adjustments proposed for this unit include: . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Administrative Leave of 32 hours annually effective July 1, 1998 . Annual Flexible Benefit Plan increase from $5,380 to $6,000 . Professional Enrichment increase from $200 to $500 per employee . Elimination of the furlough reduction and leave Fiscal year 1999 cost of these adjustments is $49,640. MA VOR AND COUNCIL . A 3% salary increase January 1, 1999. As required, the recommended increase is within the CPI index. Increase in Flex Plan (consistent with existing Council Policy) from $4,036 to $5,695 for Council members and from $6,025 to $8,500 for Mayor. Fiscal year 1999 cost of these adjustments is $11,171. c)2- ;S ~2.. - ( Page 5, Item Meeting Date 07/14/98 UNCLASSIFIED HOURLY EMPLOYEES . A 3% salary increase January 1, 1999. Fiscal year 1999 cost of these adjustments is $29,000. MOUS WESTERN COUNCIL OF ENGINEERS (WCE) Western Council of Engineers represents the classifications of Assistant Engineer, Civil Engineer, Chief Plans Examiner and Land Surveyor. The 3 year MOU provides for: . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Small increase in Professional Enrichment pool Fiscal year 1999 cost of these adjustments is $23,545; less revenue offsets of $14,000 for a net cost of $9,545. CHULA VISTA EMPLOYEE'S ASSOCIATION (CVEA) The 3 year MOU provides for: . A 3% salary increase January 1, 1999 . A 4% salary increase in January, 2000 . A 5% salary increase in January, 2001 . Uniform Allowance increase from $50/yr to $75/yr Fiscal year 1999 cost of these adjustments is $226,507; less revenue offsets of $125,000 for a net cost of $101,507. INTERNATIONAL ASSOCIA liON OF FIRE FIGHTERS (IAFF) The International Association of Fire Fighters represents all sworn Fire Suppression and Fire Prevention personnel below the rank of Battalion Chief. The 5 year MOU provides for: ):l~5 Page 6, Item Meeting Date 07/14/98 ~ A 3% salary increase in January 1, 1999 ~ A 4% salary increase in January, 2000 ~ A 5% salary increase in January, 2001 ~ Constant Minimum staffing of 22 Fire Suppression personnel per shift ~ Health coverage cost increase to be split between employee and City 50/50 (Any additional cost to be subject to mid-year appropriation following final negotiations on revised insurance premiums.) ~ Sunday limited duty language deleted ~ Implementation of the optional PERS benefit "Employer Paid Member Contributions Converted to Pay rate During the Final Compensation Period" in July, 2001. Fiscal year 1999 cost of these adjustments is $74,404; less revenue offsets of $2,000 for a net cost of $72,404. ADDITIONAL ADJUSTMENTS 1. Special Projects Manager - Administration The role of the Special Projects Manager is to coordinate efforts with staff throughout the organization to effectively and expeditiously address opportunities that will help generate new revenues and improve efficiencies and opportunities for the City. The total position cost of $103,760 will be offset by $40,940 in anticipated reimbursements for a net cost of $62,820. In addition to the Special Projects Manager, funds are included for temporary staff support. The $34,300 costfor this staff support will be offset by $19,000 in anticipated reimbursements. The salary for staff, the Special Projects manager, and existing staff that will be brought in from various departments to provide assistance will be further offset by salary savings of $64,770 from the vacant Principal Management Assistant in Administration and additional cost savings realized through various projects. These changes will result in a net benefit of $25,731. 2. Aquarist The Chula Vista Nature Center has maintained exhibits with the use of a part-time Aquarist since the facility opened. The Aquarist maintains design and maintenance of aquaria, specimen collection and animal husbandry, as well as supervision of the volunteer aquarists. The position is currently budgeted as a maximum 999 hour temporary, non-benefitted position. It was recommended through the budget process that this position be budgeted at .75 FTE and that the salary be increased to a range ,{;z ~~ Page 7, Item Meeting Date 07/14/98 of $2,526.05 - $3,070.43 (monthly) to more accurately reflect the scope of duties and workload demands, resulting in additional fiscal year 1999 cost of $21,940. 3. Waste Water Collection Supervisor As the result of a classification study conducted in September, 1997, reclassification of one Senior Public Works Supervisor (a Middle Management position) is recommended. Based upon survey data and internal comparisons, it is proposed that the title be changed to Waste Water Collection Supervisor and the pay be set at a range of $5,078.72 - $6,172.73 (monthly), for an fiscal year cost of an additional $8,000. These increased costs will be more than offset by $15,000 in increased reimbursements. 4. Intergovernmental Affairs Coordinator The duties associated with intergovernmental affairs and legislation have been assigned to an Administrative Analyst II. Those duties will remain essentially the same; however, the incumbent will function significantly more independently and it is therefore recommended that the title be changed to Intergovernmental Affairs Coordinator and the salary set at a range of $3,619.70 - $4,399.77 (monthly) to appropriately compensate for the level of responsibility, for a fiscal year 1999 cost of $7,460. 5. Educational Services Manager This newly created Middle Management classification/position will be responsible for Literacy program oversight and will manage the City's collaborative efforts with the elementary, secondary, and community college districts and other community based organizations. The recommended salary range is $4,162.53 - $5,059.56 (monthly) for a fiscal year 1999 cost of $76,500 which should be offset by reprogramming after- school program revenue for no net cost. 6. Administrative Office Assistant /I (.75) to Administrative Office Specialist (1.00) FT In order to provide sufficient clerical support for the aforementioned collaborative efforts, it is recommended that the currently budgeted Administrative Office Assistant \I (.75) in the Library be upgraded to a full-time Administrative Office Specialist to be shared equally by the Educational Services Manager and the Principal Librarian at the South Chula Vista Library. Additional costs will be absorbed by the department. ,2;2~7 7. Management Salary Adjustments Salary adjustments for certain Senior and Executive Managers are provided for in the attached appropriation resolution and are within the City Manager's authority to effectuate, for an additional fiscal year 1999 cost of $49,688. FISCAL IMPACT: Over the three year contract, the average wage increase per year equates to approximately 3.25%. The All Funds budget will be increased by $1,080,971, funded by increases in estimated revenue totaling $316,289 and $764,682 from available fund balances. The General Fund impact will be an increase in appropriations of $940,235, funded by increases in estimated revenue totaling $280,666 and $659,569 from available fund balance. The following table reflects the impact by fund. Additional Appropriations by Fund Estimated Fund Appropriations Revenues Net Cost General Fund 940,235 280,666 659,569 Parking Meter 2,830 0 2,830 Waste Mgmt 301 0 301 Energy Conser 137 0 137 Social Svc Grant Fund 64 0 64 Transit 5 0 5 Nature Center 28,498 28,498 0 BookStore 154 0 154 Central Garage 7,125 7,125 0 Sewer 67,668 0 67,668 Storm Drain 2,274 0 2,274 Transit 4,816 0 4,816 Open Space 6,864 0 6,864 RDA 20,000 0 20,000 Total $1,080,971 $316,289 $764,682 . ;L2-Y Exhibit A COMPENSATION FOR EXECUTIVE MANAGEMENT, SENIOR MANAGEMENT, MIDDLE MANAGEMENT AND CONFIDENTIAL GROUPS FISCAL YEARS 1998-99,1999-2000,2000-2001 I. EXECUTIVE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT.) A. MEMBERSHIP City Manager City Attorney City Clerk Assistant City Manager Chief of Police Deputy City Manager Director of Community Development Director of Finance Director of Library and Recreation Director of Management and Information Services Director of Human Resources Director of Planning Director of Public Works Executive Director, Nature Center Fire Chief Senior Assistant City Attorney B. SALARY & WAGES 1. Salary Increases a. Executive Managers will receive a 3% salary increase effective the first pay period beginning on or after January 1, 1999. b. Executive Managers will receive a 4% salary increase effective the first pay period beginning on or after January 1, 2000. c. Executive Managers will receive a 5% salary increase effective the first pay period beginning on or after January 1, 2001. C. BENEFITS 1. Deferred Compensation Plan Employees in the Executive Group may participate in the City's approved deferred compensation plans. q q c^;2-/ 2. Flexible Benefit Plan Effective 7/1/98, Executive Managers will receive $8,500 annually to be used for the purchase of approved employee benefits. 3. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for Executive Managers. 4. Life Insurance The City will pay for life insurance policy in the amount of $47,000 each. An additional $3,000 group term life insurance policy is provided for under the flexible benefit plan. 5. Retirement a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Executive Managers except the Chief of Police and Fire Chief for whom the City pays the 9% employee contribution to PERS. b. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. 6. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 7. Vacation a. Executive Managers shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service and after completion of fifteen years of continuous service, 20 days per year. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Effective July 1, 1999, Executive Managers will have the option of selling back 2 weeks accrued Vacation Leave each year. ;2:J.. -/0 8. Holidays a. Executive Managers will be credited 32 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day and Veterans Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day. 9. Mileage Reimbursement Employees in this unit who do not receive an Auto Allowance under Section 11 shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 10. Administrative Leave Executive Managers will receive (eighty) 80 hours of Administrative Leave each fiscal year. 11. Auto Allowance The City Manager may provide, at his/her discretion, an auto allowance of up to $285/month for certain Executive Managers with the allowance contingent upon evidence of adequate auto insurance. 12. Severance Pay In the event a Department Head is terminated without cause, he/she shall receive compensation in a lump sum cash payment equal to six (6) months of their annual salary and health insurance payments. 13. Special Assignment Pay Executive Managers may receive up to 5% additional compensation when assigned by the City Manager to a special project. ~ ,2 ~ // II. SENIOR MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT.) A. MEMBERSHIP Assistant Chief of Police Assistant City Attorney Assistant Director of Building & Housing Assistant Director of Community Development Assistant Director of Finance Assistant Director of Human Resources Assistant Director of Planning Assistant Director of Recreation Assistant Library Director Budget Manager Deputy Director of Public Works/City Engineer Deputy Director of Public Works/Operations Fire Marshal Police Captain Public Information Coordinator Purchasing Agent Risk Manager Special Projects Manager 'Unclassified grant-funded positions B. SALARY & WAGES 1. Salary Increases a. Senior Managers will receive a 3% salary increase effective the first pay period beginning on or after January 1, 1999. b. Senior Managers will receive a 4% salary increase effective the first pay period beginning on or after January 1, 2000. c. Senior Managers will receive a 5% salary increase effective the first pay period beginning on or after January 1, 2001. . The following Unclassified, grant-funded positions receive the benefit package detailed herein for Senior Managers. No salary adjustments are provided for in this resolution. California Border Alliance Group (CBAG) Executive Director California Border Alliance Group (CBAG) Deputy Executive Director 02.2 ;I,;z C. BENEFITS 1. Deferred Compensation Plan Employees in the Senior Management Group may participate in the City's approved deferred compensation plans. 2. Flexible Benefit Plan Effective 7/1/98, the Senior Managers will receive $7,000 annually to be used for the purchase of approved employee benefits. 3. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for Senior Managers. 4. Life Insurance City pays for life insurance policy in the amount of $47,000 each. An additional $3,000 group term life insurance policy is provided for under the flexible benefit plan. 5. Retirement a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Senior Managers except the Assistant Chief of Police, Police Captains, and the Fire Marshal, for whom the City pays the 9% employee contribution to PERS. b. The City pays the PERS 1959 Survivors Benefit Fourth Level employee premium cost. 7. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 8. Vacation a. Senior Managers shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service and after completion of fifteen years of continuous service. 20 days per year. An employee may not accumulate more than three times the number of vacation days accrued annually. ,,);2-/;3 b. Effective 7/1/99, Senior Managers will have the option of selling back 1 week of accrued Vacation Leave. 9. Holidays a. Senior Managers will be credited 32 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day and Veterans Day). b. The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day. 10. Mileage Reimbursement Employees in this unit, who do not receive Auto Allowance under Section 12, shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 11. Administrative Leave Senior Managers will receive (sixty-four) 64 hours of Administrative Leave each fiscal year. 12. Auto Allowance The City Manager has authorization to provide, at his/her discretion, an auto allowance of up to $285/month for certain Senior Managers, with the allowance contingent upon evidence of adequate auto insurance. 13. Special Assignment Pay Senior Managers may receive up to 5% additional compensation when assigned by the City Manager to a special project. c2:2~JY III. MIDDLE MANAGEMENT GROUP (ALL EMPLOYEES PROVIDED FOR HEREIN ARE FLSA-EXEMPT.) A. MEMBERSHIP Animal Control Manager Assistant to Mayor and City Council (UC) Assistant Transit Coordinator Battalion Chief Building Projects Supervisor Building Services Superintendent Business Office Manager Code Enforcement Manager Communications Systems Manager Computer Operations Manager Conservation Coordinator Construction Repair Supervisor Crime Analysis Manager Crime Laboratory Manager Cultural Arts Coordinator Deputy City Attorney I (UC) Deputy City Attorney II (UC) Deputy City Attorney III (UC) Deputy City Clerk Deputy Director of Parks Economic Development Manager (UC) Educational Services Manager Emergency Management Coordinator Environmental Projects Manager Environmental Resource Manager Environmental Review Coordinator Fleet Manager Geographic Information Systems Manager Housing Coordinator (UC) Intergovernmental Affairs Coordinator Landscape Architect Library Automation Manager Literacy Team Coordinator Micro Computer Specialist Open Space Coordinator Personnel Analyst Principal Community Development Specialist Principal Librarian Principal Management Assistant Principal Personnel Analyst Principal Planner Principal Revenue Analyst c2 :l - / ~- Public Works Coordinator Public Works Maintenance Superintendent Redevelopment Coordinator (UC) Revenue and Recovery Manager Risk Analyst Senior Accountant Senior Civil Engineer Senior Community Development Specialist Senior Crime Analyst Senior Economic Development Specialist Senior Librarian Senior Management Assistant Senior Park Supervisor Senior Personnel Analyst Senior Planner Senior Public Works Supervisor Senior Recreation Supervisor Traffic Engineer (UC) Training Coordinator Transit Coordinator (UC) Volunteer Coordinator (NIC) Waste Water Collection Supervisor . Unclassified, grant-funded positions B. SALARY & WAGES 1. Salary Increases a. Middle Managers will receive a 3% salary increase effective the first pay period beginning on or after January 1, 1999. b. Middle Managers will receive a 4% salary increase effective the first pay period beginning on or after January 1, 2000. c. Middle Managers will receive a 5% salary increase effective the first pay period beginning on or after January 1, 2001. . The following Unclassified, grant-funded positions receive the benefit package detailed herein for Middle Managers. No salary adjustments are provided for in this resolution. Border Environmental Business Cluster Manager (BEBC) Border Environmental Commerce Alliance (BECA) Director CBAG Operation/Intelligence Coordinator 02;l.r/d- C. BENEFITS 1. Acting Pay Middle Managers may receive Acting Pay when they are temporarily assigned to a vacant position to perform the duties of a higher paid classification. Acting Pay shall be approved by the City Manager or his/her designee prior to the assignment. The assignment shall be for a period of more than 10 consecutive work days, and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the first day of the next pay period. 2. Out of Class Assignment Middle Managers may receive Out of Class Assignment (OCA) pay in the event that they are assigned duties of a higher level classification for a period of more than 10 consecutive work days. The assignment must be approved in advance by the City Manager or his/her designee and the employee may be compensated with a minimum of 5 percent above current salary rate up to a maximum of 20 percent, effective the first day of the next pay period. NOTE: For clarification, OCA is differentiated from Acting Pay in that OCA's are granted to an employee remaining in their current classification, but performing higher level duties even though no vacancy may exist at the higher level. Acting Pay is granted to employees assuming the duties of a vacant, higher level position for a period of time. 3. Safety Equipment, Protective Clothing and Tool Allowance Employees in the classifications of Fleet Manager, Open Space Coordinator, Building Services Superintendent, Construction Repair Supervisor, Specialist, Building Projects Supervisor, Public Works Maintenance Superintendent, Senior Parks Supervisor, Senior Public Works Supervisor and Waste Water Collection Manager shall receive $100 towards the purchase of safety shoes. 4. Retirement a. The City pays the 7% employee contribution to the Public Employee's Retirement System for all Middle Managers. For Safety classification represented by CVMMA, the City pays the 9% employee contribution. 02:2- J? b. The City pays the PERS 1959 Survivor Benefit Fourth Level employee premium cost. 5. Termination of Sick Leave Balances Upon either acceptance of an application by a Safety employee for disability retirement, or upon the independent determination of PERS that a non-safety employee is disabled, the employee shall not be entitled to use any remaining sick leave, except that which can be applied to applicable PERS service credit. An application for industrial disability retirement, either employee or employer initiated, shall not affect the employee's rights under Workers Compensation laws, such as any otherwise existing right to Temporary Disability benefits for safety officers. 6. Deferred Compensation Plans Employees in the Middle Management Group may participate in the City's approved deferred compensation plans. 7. Flexible Benefit Plan Effective July 1, 1998, each Middle Manager will receive $6,500 per year to be used solely for approved employee benefits. In the event of increases in health care plan premiums, the City will split the cost of the increase 50/50 with the employees. The annual flex plan allotment will be increased by one-half of the average cost increase for full family non-indemnity health plan premiums. The City's share of the increased cost will be added to the beginning flex plan balance of the next available flex plan year. 8. Life Insurance City pays for a group term life insurance policy in the amount of $47,000 per employee. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 9. Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for middle management positions. 10. Professional Enrichment A fund of $20,000 will be established to be used exclusively by Middle Managers for conferences and training up to a maximum of $800 per ;2.:2-/r employee per fiscal year. One-half ($10,000) of the funds will be available for reimbursement for eligible activities which occur between July 1, and December 31. The remaining half ($10,000) will be reserved and available for reimbursement of eligible activities which occur between January 1 and June 30. 11. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 12. Vacation a. Middle Managers will earn ten (10) days vacation per year in the first through fourth year of continuous employment, fifteen (15) days vacation per year in the fifth through fifteenth year of continuous service, and twenty (20) days per year after completion of fifteen years of continuous service. An employee may not accumulate more than three times the number of vacation days accrued annually. b. Effective 7/1/99, Middle Managers may sell back 1 week of accrued Vacation Leave. 13. Administrative Leave Middle Managers will receive 56 hours of Administrative Leave each fiscal year. 14. Holidays Middle Managers will receive 32 hours each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day, and Veterans Day). The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day After Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day. 15. Mileage Reimbursement Middle Managers shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. ~;L ~ /7 16. Bilingual Pay Those Middle Managers who, upon recommendation of their Department Head, approval of the Director of Human Resources, and successful completion of a bilingual performance evaluation will receive $45 per month in addition to their regular pay on the condition that they continuously utilize their bilingual skills in the performance of their duties. 17. Special Assignment Pay Middle Managers may receive up to 5% additional compensation when assigned by the City Manager to a special project. Exceptions to the sections detailed above apply to Suppression Battalion Chiefs, as follows: 1. Suppression Battalion Chiefs will receive holiday pay equivalent to two week's salary in lieu of all floating and hard holidays. Non-Suppression Battalion Chiefs will receive the same floating and hard holidays benefits as other Middle Managers. 2. Suppression Battalion Chiefs will earn extra compensation equivalent to straight time pay only when they fill in for an absent Battalion Chief as Shift Commander or when they are assigned to a strike team or multiple - alarm incident for command duty that is beyond their normal work schedule. Non-Suppression Battalion Chiefs will earn the same extra compensation when filling in for a Suppression Battalion Chief as Shift Commander on holidays or weekends. 3. Sick Leave and Vacation Accruals for the Suppression Battalion Chiefs will be in accordance with the current Memorandum of Understanding with the International Association of Firefighters Local 2180, except that the maximum vacation accrual will be three times the amount accrued annually. ;2 2 ~ ;:2.0 IV. CONFIDENTIAL GROUP A. MEMBERSHIP Benefits Technician Confidential Administrative Office Specialist Confidential Administrative Secretary Confidential Bilingual Secretary Confidential Secretary Executive Assistant to the City Manager Legal Assistant Personnel Technician Payroll Technician ReceptionisUMayor and Council Assistant Secretary to the Assistant City Manager Secretary to the City Attorney Secretary to the City Manager's Office Secretary to the Mayor and Council Secretary to the Planning Commission Secretary to the Redevelopment Agency 'Unclassified, grant-funded positions B. SALARY & WAGES 1. Salary Increases a. Confidential employees will receive a 3% salary increase effective the first pay period beginning on or after January 1, 1999. b. Confidential employees will receive a 4% salary increase effective the first pay period beginning on or after January 1, 2000. c. Confidential employees will receive a 5% salary increase effective the first pay period beginning on or after January 1, 2001. . The following Unclassified, grant-funded positions receive the benefit package detailed herein for Confidential group. No salary adjustments are provided for in this resolution. Border Environmental Business Cluster (BEBC) Administrative Assistant California Border Alliance Group (CBAG) Analyst California Border Alliance Group (CBAG) Secretary J-;;J.- ~I -..[ C. BENEFITS 1. Retirement a. The City pays the 7% employee's contribution to the Public Employees Retirement System. b. The City pays the PERS 1959 Survivors Benefits Fourth Level employee premium cost. 2. Deferred Compensation Plans Employees in the Confidential Group may participate in the City's approved deferred compensation plans. 3. Flexible Benefit Plan Effective July 1, 1998, each Confidential Employee will receive $6,000 per year to be used solely for approved employee benefits. 4. Long Term Disability Insurance The City will pay the full cost of the long term disability insurance premium for the Confidential employees. 5. Professional Enrichment A total of $2,250 will be set aside for conferences and training. An individual may use no more than $250 during each half of the fiscal year. 6. Life Insurance City pays for life insurance policy in the amount of $17,000 each. An additional $3,000 group term life insurance policy is included in the flexible benefits plan. 7. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Section 2.02. 8. Vacation Confidential employees earn ten (10) days vacation per year in the first through fourth year of continuous employment, fifteen (15) days vacation per year in the fifth through fifteenth year of continuous service, and twenty (20) days per year after completion of fifteen years of continuous d-~~). ;;L service. An employee may not accumulate more than three times the number of vacation days accrued annually. 9. Holidays Confidential employees will receive 32 hours each fiscal year for floating holidays (Lincoln's and Washington Birthday's, Admissions Day, and Veterans Day). The City will be closed on the following paid hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day. 10. Administrative Leave Confidential employees will receive 32 hours of Administrative Leave each fiscal year. 11. Mileage Reimbursement Employees in this unit shall be subject to a mileage reimbursement program when required to use their private automobile for authorized City business. Reimbursement rate will be tied to the IRS rate, in effect at the time reimbursement is requested, as permitted by law. 12. Bilingual Pay Those employees who, upon recommendation of the Department Head, approval of the Director of Human Resources Department, and successful completion of a Bilingual Performance Evaluation, and who are required to continuously use their bilingual skills in the performance of their duties, will receive $40 per month in addition to their regular pay. 13. Special Assignment Pay Confidential employees may receive up to 5% additional compensation when assigned by the City Manager to a special project. J;t-:;l3 V. Mayor and Council 3% Salary increase January 1, 1999 Flex Plan increase to $5,695 for Council; $8,500 for Mayor VI. Unclassified Hourly 3% Salary increase in January 1, 1999 VII. Western Council of Engineers (WCE) - 3% salary increase January 1, 1999 4% salary increase in January, 2000 5% salary increase in January, 2001 $750 increase in Professional Enrichment fund Martin Luther King, Jr., Birthday as an additional hard holiday Mileage reimbursement at IRS maximum Special Assignment Pay up to 5% VIII. Chula Vista Employees Association (CVEA) - 3% salary increase January 1, 1999 - 4% salary increase in January, 2000 - 5% salary increase in January, 2001 Uniform Allowance increase from $50/yr to $75/yr Martin Luther King, Jr., Birthday as an additional hard holiday Mileage reimbursement at IRS maximum - Special Assignment Pay up to 5% IX. International Association of Fire Fighters (IAFF) - 3% salary increase January 1, 1999 4% salary increase in January, 2000 5% salary increase in January, 2001 Constant Minimum staffing of 22 Fire Suppression personnel per shift Health coverage cost increase to be split between employee and City 50/50 (Any additional cost to be subject to mid-year appropriation following final negotiations on revised insurance premiums.) Sunday limited duty language deleted Martin Luther King, Jr., Birthday as an additional hard holiday Mileage reimbursement at IRS maximum Special Assignment Pay up to 5% Implementation of the optional PERS benefit "Employer Paid Member Contributions Converted to Payrate During the Final Compensation Period" in July, 2001. X. Additional Adjustments Establishing new positions 1. Special Projects Manager (Administration); salary $83,882 Temporary Staff Support $34,300 Freeze Principal Management Assistant ..2:J.~~7 2. Part-time Hourly Aquarist (NIC) Upgrade to .75 benefitted position; salary range $2,526.05 - $3,070.43 (monthly) 3. Reclassify one Senior Public Works Supervisor (Sewer division) to Waste Water Collection Supervisor; salary range $5,078.72 - $6,172.73 (monthly) 4. Reclassify Administrative Analyst II (Administration) to Intergovernmental Affairs Coordinator; salary range $3,619.70 - 4,399.77 (monthly) 5. New Position - Educational Services Manager (Library); salary range $4,162.53 - $5,059.56 (monthly) 6. Upgrade .75 Administrative Office Assistant II (Library) to 1.00 Administrative Office Specialist. 7. Salary adjustments for certain classifications. Senior and Executive Managers are provided for in the attached appropriation resolution and are within the City Manager's authority to effectuate. ;2.,? -- ;2.S RESOLUTION NO. /9?7?Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR EXECUTIVE MANAGERS WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the the City of Chula Vista does hereby approve pay/benefit plan for Executive Managers reflected City Council of the management in Exhibit A. Presented by Approved as to form by Candy Emerson Director of Personnel Gv-- ~t~ ~~ John M. Kaheny City Attorney C:\Res\Benefit c:< J,/l ~ / RESOLUTION NO. /9fJSS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR SENIOR MANAGERS WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the the City of Chula Vista does hereby approve pay/benefit plan for Senior Managers reflected in City Council of the management Exhibit A. Presented by Approved as to form by JOh~K~~~ City Attorney Candy Emerson Director of Personnel C:\Res\Benefit.l ;2J!J-) RESOLUTION NO. J9~g'~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR MIDDLE MANAGERS WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the the City of Chula Vista does hereby approve pay/benefit plan for Middle Managers reflected in City Council of the management Exhibit A. Presented by Approved as to form by ~~J"'h- John M. Kaheny v City Attorney Candy Emerson Director of Personnel C: \Res \Senef i t ;21c-1 RESOLUTION NO. /9c'%? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR CONFIDENTIAL EMPLOYEES WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Confidential Employees reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Director of Personnel ~ 'MA\:!...()-'l J ~ John M. Kaheny V- City Attorney C:\Res\Benefit.3 c2:JD-j r RESOLUTION NO. ) 9tJ'l3 RESOLUTION OF CHULA VISTA INCREASES FOR IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF APPROVING PAY AND BENEFIT MAYOR AND COUNCIL AS REFLECTED WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Mayor and Council reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Director of Personnel M. Kaheny 'ty Attorney C:\Res\Benefit.5 c2:LE- / RESOLUTION NO. /rtJ~f RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE COMPENSATION FOR UNCLASSIFIED HOURLY EMPLOYEES WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the management pay/benefit plan for Unclassified Hourly Employees reflected in Exhibit A. Presented by Approved as to form by Candy Emerson Director of Personnel ~~~~^ ~ John M. Kaheny City Attorney C:\Res\Benefit.4 d~ ~- / RESOLUTION NO. j<Jt?Ff/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDER- STANDING PROVISIONS WITH THE WESTERN COUNCIL OF ENGINEERS (WCE) WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Chapter, Western Council of Engineers, an organization representing certain members of the classified employees in the City of Chula Vista, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the provisions of a Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the provisions of the Memorandum of Understanding concerning wages and other terms and conditions of employment with the Western Council of Engineers reflected in Exhibit A. BE IT FURTHER to the City Council with include said provisions RESOLVED that staff is directed to return the amended Memorandum of Understanding to for final ratification. Presented by Approved as to form by Candy Emerson, Director of Human Resources -k,6C H:\home\lorraine\cdrive\rs\wce c<2 G -j -r RESOLUTION NO. Jf?J~1' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTANDING PROVISIONS WITH THE CHULA VISTA EMPLOYEES ASSOCIATION (CVEA) WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Employees Association (CVEA), an organization representing various employee classifications throughout the City, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the provisions of a Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the provisions of the Memorandum of Understanding Concerning Wages and Other Terms and Conditions of Employment with the Chula Vista Employees Association reflected in Exhibit A. BE IT FURTHER to the City Council with include said provisions RESOLVED that staff is directed to return the amended Memorandum of Understanding to for final ratification. Presented by Approved as to form by ~k M. Kaheny, Ci torney Candy Emerson, Director of Human Resources H:\lorraine\cdrive\rs\CVEA,MOU c2;2f)- / RESOLUTION NO. /9LJ9t;1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTANDING PROVISIONS WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the International Association of Fire Fighters, an organization representing members of the Chula Vista Fire Department from Fire Fighter up through the rank of Fire Captain, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the provisions of a Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the provisions of the Memorandum of Understanding Concerning Wages and Other Terms and Conditions of Employment with the International Association of Fire Fighters reflected in Exhibit A. BE IT FURTHER RESOLVED that staff is directed to return to the City Council with the amended Memorandum of Understanding to include said provisions for final ratification. Presented by Approved as to form by Candy Emerson, Director of Human Resources h:\home\lorraine\cdrive\rs\.mou u2:J.I/ / -- I RESOLUTION NO. / 9 t? 95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 98-99 BUDGET TO ADD NEW POSITIONS AND APPROVING SPECIAL SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 98-99 budget to add new positions and approve special salary adjustments for certain classifications as reflected in Exhibit A. Presented by Approved as to form by /zL Candy Emerson Director of Personnel M. Kaheny Attorney C: \Res \Budget ~2J=/ -I RESOLUTION NO. /9&90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 98-99 BUDGET AND APPROPRIATING FUNDS TO COVER LABOR COST INCREASES AS REFLECTED IN EXHIBIT A WHEREAS, pursuant to Council direction, staff has developed a management pay/benefit plan which provides for salary and benefit enhancements over the next three years; and WHEREAS, said management pay/benefit plan has been presented to the City Council and has been previously approved by the City Council in closed session. WHEREAS, the City Council in closed session has approved a Memorandum of Understanding with the Western Council of Engineers (WCE) , Chula Vista Employees Association (CVEA) and the International Association of Fire Fighters (IAFF). NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby amend the Fiscal Year 98-99 Budget and appropriate the funds reflected in Exhibit A to cover labor cost increases. Presented by Approved as to form by Candy Emerson Director of Personnel c:\Res\Budget.1 :2~j( ~ / Exhibit A FY 99 Budget Amendments By Fund General Fund Department 105 City Council 150 City Attomey 160 City Clerk 210 City Admin 211 MIS 245 Human Resources 400 Finance 260 Community Development 600 Planning 1300 Bldg. & Housing 1400 Public Works 1700 Library 1500 Parks & Rec 1000 Police (non-POA) 1000 Police (POA) 1200 Fire 1200 Fire (IAFF) 730 Non-Dep! Other Funds Fund Parking Meter Waste Mgmt Energy Conser Social Svc Grant Fund Transit Nature Center BookStore Central Garage Sewer Storm Drain Transit Open Space RDA Total Appropriations 13,803 23,752 6,123 40,425 17 ,000 24,481 65,500 24,395 38,208 17,922 145,000 143,454 65,326 74,708 o 20,079 96,590 123,469 $940,235 Appropriations 2,830 301 137 64 5 28,498 154 7,125 67,668 2,274 4,816 6,864 20,000 $140,736 Estimated Revenues $280,666 Estimated Revenues o o o o o 28,498 o 7,125 o o o o o $35,623 c2),X-A Net Cost $659,569 Net Cost 2,830 301 137 64 5 o 154 o 67,668 2,274 4,816 6,864 20,000 $105,113 COUNCIL AGENDA STATEMENT ITEM TITLE: Item ~:5 Meeting Date 7/14/98 Resolution )9(/ 9' ~uthorizing the issuance of Encroachment Permit No. PE-433 for construction oftwo entry monument signs proposed for the new Coors Amphitheatre located on Otay Valley Road SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manage0t n/ -r.rD'- (4/5ths Vote: Yes _ NoX) Universal Concerts, owners of the Coors Amphitheatre are proposing to construct two entry monument signs along the Otay Valley Road frontage. The frontage area is located within a City open space landscape area which functions as the entrance to the Coors Amphitheatre. According to Section 12.28 of the Municipal Code, any permanent structures built within open space, such as permanent monument signs requires City Council approval utilizing the encroachment permit process. RECOMMENDATION: That Council approve the subject resolution authorizing the City Engineer to issue Encroachment Permit No. PE-433 and direct the City Clerk to record said resolution and permit. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee has approved the design and location ofthe proposed signs at their May 5, 1998 meeting. DISCUSSION: Entrance monuments for subdivisions and businesses are commonly placed within street right-of-way or City owned open space land and have been approved by Council on numerous occasions. In each case, detailed plans showing locations and elevations of the proposed signs or monuments are reviewed by staff to insure traffic hazards with respect to sight distance restrictions are not created. This encroachment permit includes an indemnity clause holding the City, its agents and employees harmless from damages resulting from the construction and maintenance of the entry monuments belonging to Universal Concerts. On July 3,1998 staff received a copy of a letter from the Bitterlin Corp. to the Mayor and City Council in support of the Permit (Exhibit C). The letter noted that the Coors Amphitheatre sign will replace the existing Whitewater Sign. They were surprised that an encroachment permit in the open space was not obtained. They expressed surprise that a permit was needed for their sign, since it was not obtained for the Whitewater sign and they have not been informed of its need through the sign permit process by the Planning Dept. ;23--/ Page 2, Item Meeting Date 7/14/98 Staifis investigating the issue with the Whitewater Sign, as to if it had an encroachment permit, but that sign is being removed and ifthe new Whitewater sign is installed in the right of way or open space it will be required to have an encroachment permit. Although Universal was not informed of the need for an encroachment pennit during the design review process, they were definitely informed of that requirement during the building permit process for the sign. In any event, the sign will be installed in the open space district, which is on City property, and does require an encroachment permit. Since the Design Review Board approved the design of the sign on May 5, and they have already fabricated the letters, the applicant is requesting approval of the permit with the letters for the City of Chula Vista, being 1/3 the size of the letters for "Coors Amphitheatre". At the time of the writing of this report, the permit had not been signed or the signature notarized by Universal Concerts. Before the permit is issued by staff the permit fee of $250 is needed as well as a notarized copy of the permit. The permit will be recorded and run with the land. FISCAL IMPACT: Due to the construction and maintenance responsibilities falling on the Permittee, there are no direct costs to the City, except for the processing of this permit. The fee for the permit is $250. Attachments: Exhibit "A" - Locater plat Exhibit "B" - Encroachment Permit PE-433 Exhibit "c" - Letter from Bitterlin Corp. NOT SCANNED Engineering Department File No. 071040-PE-433 H:\HOME\ENGINEER\AGENDA\PE-433.SL Y )3-2 RESOLUTION NO. / fr:;fl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF ENCROACHMENT PERMIT NO. PE-433 FOR CONSTRUCTION OF TWO ENTRY MONUMENT SIGNS PROPOSED FOR THE NEW COORS AMPHITHEATER LOCATED ON OTAY VALLEY ROAD WHEREAS, Universal Concerts, owners Amphitheater are proposing to construct two entry along the Otay Valley Road frontage; and of the Coors monument signs WHEREAS, the frontage area is located within a City open space landscape area which functions as the entrance to the Coors Amphitheater; and WHEREAS, according to Chapter 12.28 of the Municipal Code, any permanent structures built within open space, such as permanent monument signs requires City Council approval utilizing the encroachment permit process. WHEREAS, subject to the conditions imposed by the permit, the City Council has found and determined that the monument sign encroachment will not materially interfere or obstruct the overriding public purpose of the affected City property. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby authorize the issuance of Encroachment Permit No. PE-433 on the terms and conditions presented for construction of two entry monument signs proposed for the new Coors Amphitheater located on Otay Valley Road. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record permit. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\cdrive\rs\PB433.enc ;2. 3 --:] ~ < :; ~ Eo- - 00 00 z o - Eo- ~ o o ....;l EXHIBIT ~A,. z ~ - 00 t- OO - :s; ~ - ...... : I - ~ / // .-- ..- - -~-,;~ ~~ --" ,.., -., -- . ___ ...'- <~" .C ';~~ ~/~ ~9'" ',/r .6'~,," ~ . .--.-- tI10r- .~.. _.,='~" "" .....3'0"....... --- = jf .---- d ~ /., ...,., ,..".,,,..'.. ....' . -,. ." _.----- ,p............~,_'_- __~~9--- ~_ .,....,',.,.."..,\;,~~~*~~\\.".....'. ~::i.-~_..:=~..~I...: /.--.--_ .J"" ...' ..,..-,~ ~....-...., ,,""'''~'\\'''' ~~~l - ~ ~.:-'\ ~~~ .~_:4"'- "~\~\\, .,...n:";",',-.""'" ,.',,-. '. . :;: =E' = O .,' /. ,.,,' "'.". ..,,'\' .,,\'\.....;,... - ':-' -"-- .=c- .' ...,-=' . --....-c..,,'. ,'......--....... .....:~."""..,'.':-..".. .;.) -" .=.=' "''''' _.' ..,,;..,.:;....,'?"' ~,...-;.'\_' ...... 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"".. . -.= =Iii;;:::: I . ,~~,:~ ~~;.~~ or S:'~.~:;::;:: ~..:::::;._._~'~.:' ; . ~- ~ -~..~... .._.~_ .;:o:::.~' l..- ~. ;;g";;:::~-'- ,; 1 -..;;: ~.~ :;;::.- ~ -~:~.~_:~ ~ ..:::::.-./ :/~ ~..;;g.~ ..;;;::~f.;:!-~ ;:S:~~~- .._~~.~~~ .'.~. ~.~ ~ ~ _;::: -;!S .s:::: ~- ..~.~..~~ :~.~~.~. .;:s: ~ ,~ ~:.- ,._.;:::::::.._~ :-o..;;'~. 1'" ~.:-;;: ;:::::-;:;:::.-~ : -'~ =:Jg- ~..~. . :~~:~-.~- =:::::; ~ I :~:::il[i~1 _.._ _--=- -= :::::z::: = ;iJ:';~;~/ ' .__.,~".--. __.'/ ' :_:=_ -=== _-.:s:- ~ ./' : .:--~ ~- ~-;{ : .-" . , . ...... . ---. /' /' ~ ~ . . . , . , !; . .; . .- ~ ~:= :-F ~_ :OJ.- ~1~ ::.;..-::~--~.- :-~. W ~ ::-i: ~: ~ ~:j-i~:- =-- =~ ====== _:-_-- ===:::== ;. ===== E ~i ~ ..- . ~ rtf ~ ~. -- _J - -;-- e-=:~.!- . == j . . ~"? ~ G .. . - ::- \~'=~:.~..~,~~.~~. ~ c23---r : ~ '...!...! . :.: 11 Recording requested by and please return to: EXHIBit {3 City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [ X] This document benefits permittee. Recording fee required. I (This space for Recorder's use, only) I i:i:~'il*'*':' :'*':::;:'W~ ~-:>>":'.x::::.<::'':::::::::::::::::::::::.<::'':::::::x:'~.x:::::~..::::i:.*-W':::'"M''::::X::::::::::*,~~'':::::::: Affects Assessor's Parcel No(s). 645-021-47-00 C.V. File No. 0710-40-PE-433 AUTHORIZATION FOR ENCROACHMENT ON CITY PROPERTY Permit No. PE-433 Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City of Chula Vista (hereinafter "City") to: UNIVERSAL CONCERTS (hereinafter "Permittee") whose mailing address is 100 Universal City, CA 91608, to do work within a portion of right-of-way belonging to the City of Chula Vista subject to the terms and conditions contained in this permit ("Permit"). 1. Citv Pronertv City's property ("City Property) affected by this permit is described as follows: Lots" A" and "B" of Map No. 12458, Otay Rio Business Park Unit No. I in the City of Chula Vista 2. Benefitted Prooertv The property benefitting from the grant of this permit is described as follows: LEGAL DESCRIPTION: Being in the City of Chula Vista, County of San Diego, State of California, a 32.65-acre parcel according to Map thereof No. 12458, filed in the office of the Recorder of said San Diego County . ADDRESS: 2050 OT A Y V ALLEY ROAD 3. Permitted Encroachment Permittee has requested this Permit with respect to City Property for the following purpose ("Encroachment"): Installation and maintenance of a sign in a form and at a location approved by City as more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Page 1 cJ.;f r S' 4. Grant of Permit Permission is hereby granted Permittee by City to install the above-mentioned Encroachment on the City Property at the location specified in accordance with the following terms and conditions: a. The Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by City. b. Encroachment shall, in no way interfere with the maintenance of street trees or operation of any existing utility, including but not limited to water meters, CATV and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any City property or facility due to the Encroachment shall be the sole responsibility of Permittee. c. Maintenance, removal or relocation of Encroachment shall be the sole responsibility of Permittee, andlor Permittee's lessee, should there be any, at no expense to City. d. Encroachment shall conform to all standards and specifications as stated in the Chula Vista Municipal Code. e. Permittee is to call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the public right-of-way, including post holes or footing excavations. f. Permittee shall apply an anti-graffiti material to the Encroachment of a type and nature that is acceptable to the Director of Public Works. g. Permittee shall immediately remove any graffiti from the Encroachment. h. If, after notice from the City, Permittee falls to immediately remove any graffiti, City shall have the right to remove graffiti or paint the Encroachment to cover over graffiti at Permittee's sole cost, including reimbursement for City staff time, at full cost recovery, and the cost of materials. I. Permittee shall not allow Encroachment to block the existing course of surface drainage to the extent that it may endanger the public or the properties surrounding Permittee's property or cause ponding of water. This permit is revocable by City upon thirty (30) days written notice to Permittee, and upon written notice, the installation must be removed or relocated, as and when specified by the City Engineer, at Permittee's cost. If Permittee fails to remove or relocate Encroachment as directed, City may cause such work to be done and the cost thereof shall be imposed as a lien upon Permittee's property. It is further agreed that if any part of Permittee's Encroachment or Permittee's rights under this Permit should interfere with the future use of the City's property as determined to be necessary by the City in its sole distinction, in the interests of public health, safety or welfare, upon City's request, the encroachment must be removed or relocated at Permittee's expense and Permittee's rights hereunder shall terminate. Permittee shall defend, indemnify, protect and hold hanuless 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 Permittee, or any agent or employee, subcontractors, or others (including third parties) in connection with the installation or maintenance of the Encroachment, except ouly for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Permittee'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 sarne proceed to judgment or not. Further, Permittee 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. Permittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. Page 2 023 -& Permittee shall acquire and maintain in effect comprehensive general liability insurance in a form and in coverage amounts approved by the City's Risk Manager. Insurance shall be issued by an California admitted carrier with a Best's rating of A-V or better. City shall be named an additional insured by appropriate endorsement. The undersigned Permittee hereby accepts this Permit upon the terms and conditions stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable provision of the Chula Vista Municipal Code. In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said dispute in his sole and unfettered discretion, reasonably applied. CITY OF CHULA VISTA: Permit approved by: Date: Clifford L. Swanson Deputy Public Works Director/City Engineer (City Clerk to attach ac/awwledgment.) PERMITTEE: Signature: Date: (Notary to attach acknowledgmenJ.) NOTE: Permittee is to submit a check or money order payable to County of San Diego equal to the total of $7.00 for theftrst page and $3.00 for each page theretifter, including notary acknowledgments for all signatories.. ... (For office use only) ... Encroachment has been constructed and is in compliance with the attached sketch. Signed Dated (Inspector) H:\HOME\ENGINEER\PERMITS\PE433.SL Y Page 3 )J~? lIf BITTERLIN DEVELOPMENT CORP. EXHIBIT c, ..~ 1'.0. Box 6746 San Dieso, CA 92166 Phone 718.6550 FAX 619.718.6555 July 3, 1998 Mayor Shirley Honan Council Member John Moot Council Member Steve Padilla Council Member Jerry &indone Council Member Mary Salas City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 Re: Encroachment Permit for the Amphitheatre Monument Sign Dear Mayor Honon and Members of the City Council: In advance of your consideration of our request for an encroachment permit, please note the following: I.) The Coors Amphitheatre sign will be replacing the existing water park sign which will be redesigned and moved to the median or the north comer of the main entry. 2.) It came as a surprise to us that an encroachment permit was even necessary given that no such permit was required for the former water park sign. 3.) The Design Review Committee and your planning department reviewed and approved all aspects of the Coors Amphitheatre sign without any notification during the approval process that an encroachment permit would be necessary. 4.) As you know, we have included "Chula Vista, Ca." in the monument sign as we promised during the project approval process three years ago. In response to the suggestion that the "Chula Vista" lettering sizes be increased, we seriously considered this request. The lettering for "Chula Vista" is approximately 113 the size of the "Coors Amphitheatre" lettering. Given Coors' substantial investment in this project as the name sponsor and the need for corporate sponsorship in order to make this $20 million project econemically viable, we believe that the relative size of the lettering is appropriate. Additionally, we relied upon the DRC approval of the signage and the )J-g/ Mayor Shirley Horton and Members of the City Council City of Chula Vista Page 2 July 3, 1998 engineering, design, construction and fabrication of the monument sign is completed or well under way. Redesign and construction of the monument wall in order to accommodate larger "Chula Vista" lettering would result in substantial costs to Universal and the completion date of the construction would be well beyond the opening date of the amphitheatre Therefore, we request that the encroachment permit be granted without any modifications to the monument sign as previously approved by the Design Review Committee. Thank you for your consideration. Sincerely, ~) 'Y:. Chris Bitt lin President :>- Cl;: Jay Marciano Adam Friedman John Van Zeebroeck Dave Rowlands Chris Salomone 2]'-9 r~ COUNCIL AGENDA STATEMENT Item ). 7' Meeting Date 07/14/98 ITEM TITLE: REPORT: COORS COMMUNITY PROGRAMS FOR RESPONSIBLE BEHAVIOR SUBMITTED BY: Community Development Director ~--fn ( S REVIEWED BY: City Manager ,/~ ~.J '01Z-' (4/liths Vote: Yes_ No-.X..I COUNCIL REFERRAL #3088 BACKGROUND: At the June 15, 1998 meeting, the City Council reviewed the Events Management Plan for the Coors Amphitheatre and discussed the company's promotions for responsible behavior in the sale and consumption of alcohol. The Council requested that more specific information on Coors' programs and specific efforts which will be undertaken in Chula Vista be brought to the Council at tonight's meeting. In addition to the information in this report, Coors, along with Universal and City staff, have prepared a video "composite" for presentation to the Council which summarizes the company's promotional and educational efforts. RECOMMENDATION: That the City Council accept the report and direct staff to work with Coors and Universal to insure liaison with community and education groups promoting responsible behavior among youth in the community. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the City Council meeting of June 16, 1998, several speakers from the education community voiced their concern over the association of an alcoholic beverage distributor with a major community venue which will attract and cater to all members of the community, including local youth. City, Universal Concerts and Coors staff take these concerns very seriously since we are all concerned with the success and image of the Amphitheatre as a positive community asset. While it may not be possible to integrate all of the concerns expressed by the speakers, City staff and Universal Concerts are confident after meeting with Coors representatives and reviewing their policies and promotional material, that the company will be a good, corporate citizen. The promotional materials outlined below and in the video presented to the Council this evening illustrate the level of awareness and corporate responsibility which characterizes Coors' approach to marketing their product. Coors in a recognized leader in the development and support of educational programs that communicate the importance of responsible behavior. healthy lifestyles and avoidance of alcohol abuse. .J. f --j .. Page 2, Item _ Meeting Date 01114"8 These themes appear in the company's advertisements and promotions including those featuring their CEO, Pete Coors, and the current "21 Means 21" campaign featuring Magic Johnson. Coors has indicated to City staff that they will undertake a number of programs in connection with operation of the Amphitheatre to insure safe and legal consumption of alcoholic beverage, and responsible behavior. One program will be made available to junior and high schools within the City of Chula Vista which educates young people about the dangers of underage drinking by focusing on drinking and driving. ADDY IAlcohol. Drunk Driving and You) is a program of the National Commission Against Drunk Driving and has been supported by Coors on a national level for more than five years. The program offers a variety of educational tools which encourage discussion among parents, teachers and teens. Specifically, Coors will provide the following resources to junior and high schools within the City: . ADDY Videos..Coors will provide each school with a copy of the ADDY video, developed as part of an in.classroom educational curriculum addressing the subject of underage drinking and the dangers of drinking and driving. . ADDY Teacher Instruction Workbooks..Coors will supply each junior and high school in Chula Vista with two ADDY teacher instruction workbooks, which are designed to be used in the classroom in conjunction with the ADDY video. . Parent/Teen Discussion Guides..Upon request, Coors will provide each school with parent/teen discussion guides which promote and encourage discussion among parents and their teens of the dangers of drinking and driving. . ADDY Posters--Coors will provide each junior and high school with copies of an ADDY poster to be hung in classrooms and throughout the school to remind youth of the dangers of drinking and driving. . School Assembly--With the first year of the Amphitheatre opening, Coors will bring a celebrity spokesperson to Chula Vista le.g. Coors affiliated celebrity) to visit with teens in the community to talk about the issues of underage drinking and the importance of responsible behavior. At this time, spokesperson and timing are to be determined. . Advertising--Coors is committed to advertising that does not promote underage drinking or irresponsible drinking. The company has also demonstrated a commitment to moderation and responsibility advertising. As they plan for the remainder of the year and into 1999, Coors anticipates that approximately 10 percent of its radio advertising in the San Diego area will be responsibility messages. (Much of Coors brand advertising incorporates responsibility messages, as well.) Finally, Coors' network television advertising currently features both CEO Pete Coors and Magic Johnson promoting Coors' "21 Means 21" message that discourages underage people from purchasing and drinking alcohol. c21/2 Page 3, Item _ Meeting Date 07114198 OTHER ALCOHOL PROGRAMS In additional to the above mentioned programs targeting youth. Coors will work with Universal, Ogden Entertainment (the food and beverage vendor at the Amphitheatre), Staff Pro (the security consultant) and the Alcohol Beverage Commission to provide training to Amphitheatre staff on topics such as checking for proper 10 and preventing over consumption, including the handling and eviction (if necessary) of intoxicated and disruptive patrons at the Amphitheatre. (It should be noted that facilities such as the Coors Amphitheatre generally serve a variety of food, beer and other alcoholic beverages, regardless of sponsorship. Use of Coors or any other name will not impact the policy to sell alcoholic beverage or preclude the sale of other brands or products.) Coors has also volunteered to serve as a local resource to a consortium of public agencies including the Chula Vista Recreation Division and the Sweetwater Union High School District who are implementing a program to help parent and school officials deal with and educate about substance abuse. Specific examples of Coors marketing and promotional programs as described above are included as attachments to this report as well as in the video to be shown during the Council meeting. FISCAL IMPACT: The City will not incur any cost for the programs listed above. Coors Brewing Company and Universal Concerts will incur all costs associated with these programs. For proprietary reasons, a specific dollar figure associated with these programs is not available. IfKI H:IHOMEICOMMOEV\STAff.REP\07.14-98ICOORSCOM.2 IJ"IV 7. 1998 19:50.mll ~ J/~;1 . Alcohol, Drugs, Driving and You C <;>ors BreWing Cqmpany is proud of .. ir..spartn ~...rsh ip with the. Nati?nal . .. CommISsIOn Agamst Drunk Dnvmg in support of Alcohol, Diugs, Driving andYou(ADDY), a comprehensiveprograin . to decrease al~ohol-and-drug-impaired dri- ving by .teenagers.This partnership is part of . Coors' longo-term commitment'. to. reduce alcohol abuse through community-based progtallls tllat foster positi~e decisions and healthy lifestyles. . . The National Commission Against pr,unk Driving is the successor organiza- . tion to the Presidential Commission.on 1 Drunk Driving that developed the first national report on the issue in 198L The Commission's work continuc_s;t'o focus-on J rh.e goal. of making impaired drivin.g socially u~acceptable. Activitie~ include chairing the Natiqnal Drunk and Drugged Driving Prevention Month Coalition, serv- ing. as Secretariat to the Network of Employers for Tiaffic.Safety,working to achieve consensus anq. cooperative action among thecorpotilte sector,.state and fed- .eral governments and advocacy groups . across the country, and developing innova- . tive solutions for the most intractable drunk driving populations. The COD;lmission wqrkS by forming strategic . alliances with diverse .organ.izations con- cerned aboutttaffic. safery. Through ADDY, the COmmiSSion pro- vide's ~bw cost- preveiltionmaterials and instruction about alcohol,. drugs. and i~paired-driving to. businesses, -sch~ols, churches and community groups nation- Wide. Thep~ogram includes a pq\Vetful three-session workbook, a student ~ssem- . bly guide, a patent-teen discllssion guide .. and a video: ADDY has been cited as a model program by the National Safety Council and Coots' role in supporting ADDY has been tecP!;Ilized by the National Highway Traffic Safety Administration: . 10.1994, ADDY gained two effective .spbkespersons wough the nationally syndi.- . cated 'television 'progr:Iffi, '~The 'Crusaders.;' The show featured the accounts of Evelena Thompson and Donna Garrison, two North . Carolina motherS whose children were vic- tims of drunk driving. ADOYasked them to share their message of not drinking and. driving with . students natioilw-ide,. These tWo women are fea- tured in. the most recent ADDY video, "Driving Drimk: YoUr Choice?" .The video and aCCompanying teaching guide are designed to help teens make safe artd legal decisions about drinking and dri- ving. The video has been endorsed by the National Association of Governors' Highway Safety Reptesentatives and the National School Boatds Association. Coors has supported. ADDY. since its creation in 1983 by the Prevention Center . in Boulder, Colorado.. Since that time, Coors has continued to support ADDY by establishing a revolving fund dedi~ated to support and enhance the ADDY program. "ADDY teachesreens .cheimportance of making safe and legal decisions regatding dti~g," said Peter Coqrs, Chief EXecutive. Officer of Coors Brewing Company. . For information'abo"t ADDY, contact Kristan Williams, director of Alcohol, Drugs, Driving ana You, ($OO) 972-"4636, o"rco'ntact the'-NationalCommission . Against DrunkDriving, 1900 L Street NW, . Suite 705, Wgshington, D,C. 20036, .tele- phone (202)452-6004. . ,For moreinformat~oIi -abolitCoors'. alcohol programs and policies, call the A1coholIssues Hot Liite at (800) .328-6785. "ADDY teaches teens the importance of making safe and legal decisions regarding drinking.~' -, Peter .coors Chief Executive OffiCi!r. Coors. Brewing Company .j 1>'1 . . , t r ThE TIME 1b DISCUSS AlcOHOL Is BEFOREIr BECOMES AN IsSUE. Kids usually find out about alcohol one way or another. So, the sooner they get good information, the sooner they learn to make safe and legal decisions. ~ Alcohol, Drunk Driving and You (ADDY) is a program that is helping young people do just that. ~ At Coors, we support an ADDY discussion guide that helps teens and parents discuss alcohol before it becomes an issue. If . you would like a free copy of this guide, or would like to :itr lJ learn how to bring the ADDY program to your school or C C community, please call 1-800-328-6785. OORS ARF5 [Jl _OI..,COOM....,""Com"'"',.oI..',C"'...._,..,_ort"."'."""..~S;"""'" -+- c2 -~ + ,;"~ -: , rewing beer has been a topic of conversation around my familys house since I can remember. SO BELIEVE ME, I know you might think about drinking before youJre 21. But do us AND YOURSELF A favor, pleaJe doni. We'll wait for your business. ~~ Pete Coors, Coors Brewing Company For more information on Coors Alcohol Programs and Policies, call 1-800-328-6785. <C> 1994 Coors Brewing Company, Golden Colorado 80401 c21~~ -1 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution /'7.t7 ?1pprOVing Creation of Joint Governmental Task Force with Chula Vista Elementary School Board and Sweetwater Union High School Board. SUBMITTED BY: John Moot Council member (4/5THS Vote: Yes_ NolU The city of Chula Vista, the Chula Vista Elementary School District, and the Sweetwater Union High School District share a common interest in promoting the well being of area youth. The attached resolution would establish a joint governmental task force that would pursue common opportunities and develop strategies to expand the recreational programs and services available to children. RECOMMENDATION: That the City Council approve the resolution creating the Joint Governmental Task Force with the Chula Vista Elementary School District and the Sweetwater Union High School District, and that a formal letter be sent to the board members of the respective districts, as well as the superintendents, asking them to join us in the creation of this task force. DISCUSSION: The city of Chula Vista has a proud history of being a leader in creating community collaboratives to improve the quality of life for city residents. We have understood that by working in cooperation with other public agencies, nonprofits, churches, and social service providers, we can identify obstacles and common interests, ultimately improving upon and enhancing the delivery of important public services. Examples of these community collaboratives include the Human Services Council, the Chula Vista Coordinating Cluster, and the Youth Coalition. My proposal would further this effort by establishing a joint governmental task force between the city of Chula Vista, the Chula Vista Elementary School District, and the Sweetwater Union High School District. The Task Force would consist of, at a minimum, one elected member of the city and each of school districts. The city, the Chula Vista Elementary School District, and the Sweetwater Union High School District would equally staff the task force. Its purpose would be to meet quarterly and cultivate strategies where we could pool resources, develop new joint use agreements, collaboratively pursue grant opportunities, build better lines of communication and generally expand the level and quality of recreational and after school programs we provide area youth. ~/~ ~I Item Meeting Date: 07/14/98 Page: 2 City staff should be directed to develop an estimate of anticipated costs including clerical and staff support, office supplies, postage, and potential overtime costs associated with this Task Force, as well as a program to divide these costs equally among the agency participants. The following are the ideas and information I would like Council to consider while deliberating support of this resolution. o JOINT USE AND ACCESS TO SCHOOL PLAYGROUND AND ATHLETIC FIELDS A shortage of ball fields for youth athletic programs currently exist, especially on the west side of the city, though it is now currently true in the EastLake area as well. At the middle school and elementary school level, it appears that many, if not the majority of these fields receive little use after school lets out. Many youth sports organizations from Little League to A YSO Soccer may be willing to staff and run sports programs during the critical hours after school lets out and before many working parents arrive home. We have an example of how such a cooperative venture works at Hilltop Middle School with the American Little League (Attachment C). By expanding joint use agreements citywide, we may be able to greatly enhance our ability to provide all the children of Chula Vista with after school sports or recreation programs. o JOINT MAINTENANCE AGREEMENTS Frequently, city parks, open space, and medians are directly adjacent or close to school district fields. By establishing joint maintenance agreements for city parks, schools, fields, open space, or medians, opportunities may exist to substantially reduce maintenance costs. Issues regarding the use and shared costs of school fields could most appropriately be worked out in the context of a procedure by which the maintenance costs are jointly handled by city or school district maintenance employees, or bid to private companies. Cost savings from such shared use agreements could be used to expand or improve youth services. o AFTER SCHOOL PROGRAMS One of the most critical issues we face is what is to be done with our youth during the critical hours when school currently ends, and when two working parents or a ~')/1 ~.2- Item Meeting Date: 07/14/98 Page: 3 single working parent gets home from work. Statistics continue to show that violent juvenile crime is most likely to occur between the hours of 3:00 p.m. and 4:00 p.m. Expanded after school activities including sports, music, computer classes, school- to-career services, art, or tutorial programs to help with school work, would not only make after school programming more appealing, but would extend real life skills to area youth. Pending Council action on the 14th of July, Meg Scofield will be taking a leadership role in redesigning the after school programs at the elementary school level in collaboration with a number of community groups. o JOINT GRANT APPLICATIONS The Task Force could also be a conduit by which joint grant applications could be pursued. Our experience with the Human Services Council, the Chula Vista Coordinating Cluster, and the Youth Coalition proves the success of this approach. The city currently operates after school programs at all Chula Vista elementary, middle, and high schools. Still, statewide statistics point out that 55 percent of middle school students report they spend two or more hours each day at home without adult supervision. An increasing number of adolescents go through these important years experiencing boredom, stagnation, facing physical danger in their communities, and lacking positive recreational and social experiences. It is important to note that middle and junior high school children are at greatest risk to negative influence such as gang involvement and drug use because they have plenty of unsupervised time after school, are often too young to be left alone and too old for baby-sitters. The state prison population is going up by approximately 11,000 new inmates per year. Ten years from now, California will have 250,000 inmates behind bars. Unless we do more on the prevention side, today's 9-year old will be the next decade's prison inmate. Unfortunately, most intervention efforts focus on children who have already entered the juvenile justice system. As a policy, we need to increase our efforts and focus equally on prevention strategies (see Attachment D). In tough economic times, we learned that we could get more accomplished if we stopped competing and started collaborating. Today, both the school districts and the city are entering better economic times. Still, if we have learned anything from the tough economic times it must be that cooperation promotes efficiency and better allows us to respond to the difficult issues facing our respective organizations. :2 11'9 J COUNCIL AGENDA STATEMENT Item Meeting Date: 07/14/98 Page: 4 If one looks at where the dollars generated by local property tax go (Attachment E), it is apparent that much of this money is divided up between the city of Chula Vista and the school districts. Both the city and the districts can, by cooperating, make better use of these dollars. At a joint meeting of the GMOC, I made a motion to create a joint governmental task force with respect to school overcrowding and it failed on a 2-2 vote with one member of Council absent. I continue to believe these issues can best be dealt with at the local level, and hope you will support me in the creation of this joint task force. FISCAL IMPACT: Adopting this Resolution would have no fiscal impact. Staff support for the Joint Governmental Task Force and future recommendations and strategies will have fiscal impacts. However, staff will bring back any task force recommendations and strategies for Council's consideration. Staff should be directed to develop an estimate of anticipated costs including clerical and staff support, office supplies, postage, and potential overtime costs associated with this Task Force, as well as a program to divide these costs equally among the agency participants. ~ ~-j) :na---<1~ c2?/f~Jj Attachment A , RESOLUTION NO. /9t19.< RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CREATION OF A JOINT GOVERNMENTAL TASK FORCE WITH THE CHULA VISTA ELEMENTARY SCHOOL BOARD, AND SWEETWATER UNION HIGH SCHOOL DISTRICT BOARD. WHEREAS, the City of Chula Vista, the Chula Vista Elementary School Board, and Sweetwater Union High School District Board have many interests in common, including the responsibility to concentrate on the health, education, and well-being of area youth; and WHEREAS, the City of Chula Vista, the Chula Vista Elementary School Board and Sweetwater Union High School District Board have worked cooperatively over the years to create and tailor programs and services to better meet the needs of children and their families; and WHEREAS, statistics continue to demonstrate that violent juvenile crime is most likely to occur between the hours of 3:00 p.m. and 4:00 p.m., the critical time immediately after school ends and before working parents return home; and WHEREAS, the City of Chula Vista, the Chula Vista Elementary School Board, Eirlll Sweetwater Union High School District Board share an interest in providing recreational activities, after-school programs, and critical hours programs to provide positive recreational opportunities to area youth; and WHEREAS, the City of Chula Vista, the Chula Vista Elementary School District, and Sweetwater Union High School District have issues of common concern including a lack of recreational equipment, access to playgrounds or athletic fields, deteriorating playground equipment, and the provision of after school programs such as art, music, and tutorial assistance, which may be corrected by pooling resources, jointly applying for available grants, cooperatively bidding maintenance projects, or sharing costs; and WHEREAS, the community is best served when agencies acting in the public interest work cooperatively in pursuit of common goals: NOW THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby resolve to establish a Joint Governmental Task Force with the Chula Vista Elementary School Board and Sweetwater Union High School District Board to work cooperatively in addressing recreational and after school issues to promote the health, education, and well-being of area youth. Presented by Approved as to form by John Moot Councilmember )'?/f~ - I Attachment B July 1,1998 17!!i!1fgNameJ. .. fl!p!$~rritlel Address~ Dear Elg@~fSalutation}: The city of Chula Vista and the gl![~JjliAffiliationJ share a common bond in working to ensure the health, education, and well-being of area youth. For years, we have demonstrated this by collaboratively developing programs and services to better meet the needs of children and their families. To further our working relationship, the City Council has approved the attached resolution urging the creation of a joint governmental task force between the Chula Vista City Council, the Chula Vista Elementary School Board, and Sweetwater Union High School District Board. The specific purpose of this joint governmental task force is to establish a standing committee to develop a united response to unmet needs such as the lack of recreational equipment, shortages of athletic fields, deteriorating playground equipment, and the need for after school art, music, and tutorial programs. We believe this can be accomplished by exploring ways to pool resources, jointlystaff facilities, cooperatively apply for available grant money or bidding maintenance, or sharing other costs. Our efforts together over the years have clearly shown how the community is best served when agencies acting in the public interest work cooperatively to achieve common goals. Speaking for the Chula Vista City Council, we look forward to having the opportunity of working with you to address recreational issues and to promote the health, education, and well-being of area youth. If you have questions or comments, please feel free to call me directly. Sincerely, John Moot City Councilman JM:ab cc: City Council City Manager 027/J-? -I Attachment Cl swEETWATERUNIONmGH SCHOOL DISTRICT . .,. ,'- _:AriMINl:sTRATIONCE~"'ER ;..ll30FIFTH AV.ENlJE -..cHu'LA VJSTA,CALIFORNIA 91911 Policy 1300 Resulation 1300.1 l APPLIOA1'10N:A:ND.')i~'~R USE OF SCHOOL FACILITIES AND GROUNDS , .', ,:..; ~ t., . . ' '.", . . ... . .' . A},'Y PERSON APPl.YlNG P6R'Tll:BJJSEOf 'ScHOOL PROPEiITY ON BEHALF OF Ah'Y SOCIETY, GROUP, OR ORGANIZATION. SHALL BE A MEMBEIl OFTHE'~PUCANT.G!\OUP AI:ID,tjNLESS HE OR S11f. IS AN OFFICER OF THE GROUP, MUST PRESENT WRl1TEN AI;TIIDRIu'IION fRO};! tIlE APPLl.C!Jo.'T GROUP.TO MAKE THE APPiJCATlON. THIS STATEMD1T OF INFORMATlO}: MAY CONTINllEIN.:EF'f1lCl',.;Ot:: nm:":PEiuoo 'OF. ONE YEAR FROM TlIr. DATE OF THE WRITTEN AL'THORIZATION. ^"Pl.ICATlONS-FOIt VSEPF!SCBOOL FACILITIliS BY EMPLOYEE ORGANIZATIONS ARE SuaJECT TO THE COl'lDlTIONS AND TERMSSTA'reI) IN.NBGOTlA-reD .COIT ~ rmVB .BARGAlNING AGREEMENTS AND RlGHTS GRANTED ACCORDING TO. GOVERNMD.'T caDi; SECTl6N3~.1 [1>) IUGHTS OF EMPLOYEE OIlOA.'1IZA TIONS TO USE INSTITUTIONAL FACIliTIES. J . - .:L4d~::jj~ - \---. . -. , acting on my behalf, or aetillg as the duly quaJitle<l and . . ./. OP.A."PLl~ - . , euthorlZed officer of ;r1-~:;4f.I/~-c:r '/7~ '. '~_';'-I<~ /,//';I;'" /.. -;' 'w(' hereby apply for permission to l15e . ; _J.: u ;~>- !:L:.;rJ ~/.dd;; )A ' .' " ~OOJ,; ~,.., _ . . . ',:';'" ..... ; .: . :~. :'" :,." '.' .. " n'P& OFF~ClLln-' :ci..ASs~.< '.' , . . . (CmcLlt) . , Ci\FEttRL(wto KITCHEN. ..' "~' . AUDITORIUM , OU1DOQRCOUR7S FOOTBALL STADIUM ,.- 'l'RACi1cEFiU~ '~~~E!.V LOCKER ROOM PARKING LOT OTHER . ... . ~L'MllER OF EACH T'iPIH1EEDED: ::)=;~:~:,:':~/~4;:~~',;, 'u' . '~M) TO / ~ (". DAY(S) OF WEEK (CIRCLE) MORND-IO:WWScHOOL:. .' ~OOl\,mERSCH~ MORNING,',OtwNG SCHOOL. . '. EVENING, DURI ill> [,;u~ I 15DlAL SHIFT AFTEllNOOi;;.DUIliNG SC,'loOL :. _ :.. '. EVEI-.'ING, k-jER CLJSTODlALSH!FT NATUREORivPE:QFtisE" '~"~Ui~ ~A..:-._L~ /~~~-~'J.u...( _ ./,...:'l......:..J't....-:...,~/' . -, "..:- .. . . #' - '.... I (AMI?M) ~EK~ HOLIOA YS SCHOOL VACATION KAME-OF SPEAKER. ..-.,.,' . . .' Number ofpersollJ ex~to'_d:. ' '. ' '- ""'. . ; ~..;" "~:/' .-:" "".:> '-~. ":. T9PlC Admission charge: Yes _ No _ Admission Fcc: S PBrticipelion 'che~.; Yes _ No _Panicipetion Fee, S '. . . . . . . .. ". . .. . . . . .. . TERMS: All FEE$:FOI(:.lISJt>OF-'llcHP01;l'ACrUTIES AND GROliNDS ARE DUE UPON SUBMISSION OF THIS APPLI~T18~:~~~A~~~'l'6'THESWEETWAn:R t:NlON HIGH SCHOOL DISTRICT. USE (liENT4)~j,;l>{ . 0.,,:: )::' ,c. '<"CUSTDDiAL/CAFE~lA (pERSONNEL SERVICE FEE S . .. ~' '. :,~. :".:,,' . ': ".:' . ;, UNDERslm."EDAPPUCANT; HEREBY ACK.-'>/OWLEDOE RECEIPT OFIllIS AI'PLICATION AND INCOHI'ORATED CONDITIONS ..' "'..'lD RULESGOvn.'l1l'1GoiHE'L'$E'QF~ooL.AourmSANP.GROUNDS, AND AGREE TO COMPLY WITH ALL PROVISIONS.' AS SET FOR.T:-l'~~,ij>Pii:JATioNA'ND;INCORPORA!EDCOI'DITIONS AND RU!.ES GOVERNING ,dE USE OF SCHOOL FAClLlTlES ANIhGaCllINpi;;::'.muCANrmiR'l1iER:ACIQlDWLEDOES THATANY VIOLA-nON OF SAlDAPPLlCA1'jON AND CONDmoNS"_~)Tn:~~,~liAi"i;-'~~ro:P~:a.:~,FFl'clEN;r CAt)SE FOR res DISTRICT TO TAKE WHATEVER ACTION THE . . DlSTlUCT C~'JJ>p,R~M"'TE 'Acu.ffisT:THE- 'APPt,;ICAh'T. . 'SUCH ACTION MAY INCLUDE. BlIT IS NOT LIMITED TO,. IMMWIATE.CANCJiLLAtION 6l''THB:1J'l'!.ic^TION' AND D1S,AJ'PROV AL OF FlITUJ1J1P. !CATIONS TO liSE SCHOOL F fACILlTlESi~'lDGR~.~S," --;.: " , ~ D}/ii)liJ1rmfil7trnn. _ -~U-~. ./..~. p, '.,~.L.... ' If7Ji1I.w.ttl?llfJ/' -,,/Y (SKlNATll'kEOF ~"I). . 10FflCfA_ 71TLt) "'.. (D.(11;) , (./?- .V:.:I.. '-// .-) (TEI,f.P;iONtNUMIlER) ( ". f _ ..- . - ~f!!~ ' 1.. '~/. . (AllI!XESS) .: .C :.I tJJ ,J V/~ rr!- ~/.r.J r;)m\ No. 690C.9i P'.l.St ~ oJ " ~i~' w'H!TE.~ PWlJIln;lficj1i~ CI\NAJl:Y. Oisuia !"l..t:..lili:~adlriC{ -2?/7 - 7 PINK. k:ta:nc:1 by &,'1001 ~lC GOLDE....mOI>. APi=lie~, ~X;lISIT) Attachment C2 .~ Policy 1300 Regullltioo 13oo.l .",-"'"T;n t' '. . S'JATEMENT OF INFORM" TlON AU llEQlJESn.rolfU$E.<>>:sCnoqLFACILITIBS SHAll.BE DEl'IIED Al-.'D ANY USE OF SCHOO:' FACILITIES PREVIOUS:'Y GRANTEI> SJlA!i;Bs:REVciKEDWll1l1I!'I'H!-PIlQPClSEDUSB IS INCONSlSTENfwmlTIiE PROPER AND REGULAR USE OF THE FACILlTIESOi~THE~~OI'.~P.o.cIl,.1TlES WOULD BE USED FOR THE COMMISSION OF ANY Acr WHICH ,IS !'ROHIBITI!DBYJ.AWP,1t~:T!lE~OI' ANY CRJME. .. ....,j~...'..--:'..~.7.'/J;J.... . APPLICANT ..' ~.;'.(.<.;~ ': . - .' . . .(SIGNATURE) DATE .r.;/>(j Ii ;/ I ' . HOLD HARMLESS ST,I. TEMENT . '. .. IN CONSlDERAwN"OaTll!'iml.op,'SCH'doi D1SnucrPACILITlES AlID GROID.'DS, THE UDNERSIGNED APPLICANT. 0}; BEHALF OF T$;~rtOll,'~,'oR'sciCDriY; DOES,HEREBY AGREE TO 1l\'DEMN1FY A.'ID HOl.D HARMLESS THE .. SWEETWATEI('UNION'mOH'SCa~ DISnJC'I'.lTSltI!PRBSENTATIVES. OPPICERS, AGENTS, AND EMPl.OYEES FROM mv AND'. AU. WJiII.lpiS;~:OBtiiATioN*'~ sum, COSTS. DAMAGES, EXPENSES, ATTORNEYS' PEES, INcuuEi) OR PAID.:msJNG OUT '01'; ORfONJi.CCOlINT OF 'ANY PROPERTY DAMAGE OR DESTRlJC1'ION. PERSONAL INJU'RY OR DElAn!' . OR ANY O'ISl!lt'~GES'OF,~TsoEVialilATUU OR KIND. ARlSlNG PROM OR ON ACCOUNT OF TIlE UNDERSIGNED'S.' . OSAOE OF-Si;Hooi:p-I$iCri~C2linlis:j,NIj$OtINDS TO THE FULL EXTENT PROVIDED FOR BY l.AW. ..' .. APPIlCA.~;.2lid;~Jt.,~ ... C.'.,.' '.. . '. WHOHBREBYCERTIFIESTIlATHBlSHEISTIiEDULYQl5ALIFIEI1' .:-'~ .;.....~>~..,L.;.;.,~.:..:.:.,. . QUALlFlEDAlIDA~~omca'op,iL:.&~i;;'"I't.""'''';''''~' r::J<'v .t:..........'~.1- DATE <'/,,;,;'9....... ' . "<~',:::':)?' ",' , . (OJt~ON,GROUP,$OCIEIY)S , , , " SCHOOLSITEtJSEONLY.:..;':':";'."..: . '. . . APPRDVALAs ~ri.6;\:> :.. :"".. .'.'......,..:.:- .',..:.'.:" C. FAlRRENTAL VAlliE lnilials_ lnltis4 F, WAIVER losuraoce CompanylPolicy # GARDENER.: D~AR~~:' ,...... . ". .' ..... ,",.." . c~~:r~~IrL>.::,.,::' '. USE or ABO~:ri.C'IL~J'ORII!SCIUIlEDACTIVITY APPROVED JlY: ASS"f, PRINCIPAL: ."", , ~. <;~._::;:"n+':.~." ~ . (T1TLE) " ". '~'.'.' . ,(S1~'I'I.lRE,OF.IlC!IOCl;-()FflClAl..) . '. . .' ,'; ......,.~.:::,,<......~:..:.-:.,-:.~~'~......:".:::' .~.~:' ('. "-::. . . ' .'-' ;'llOl'lQTCO/'jSIDEJl'TIIllU~EQUEST COSFlRMED V!>TIl. YOU IU:CEIVE A SIGNED COPY l>ISTRlCTUllEONLY:'-",-',-o.:' '," ',..... . SPECW:INSIRtJCnONToUsPONSlBl.E INDIVIDUAL: .,'.,'.,. ..:. F1NALAPPROVAJ. ~ ~~~"'/i'/' (DIRECTOR Ol' PlJ.l.1IlNG) '".,'" 'farm No. 6900.91 Page3of" )7/9-Tfml~~ Attachment C3 ADDENDUM CHULA VISTA AMERICAN L1TILE LEAGUE . If the Chula VIsta American Uttle League builds or enhances the facility they will receive first option for use of the facility outside school hours. . The Chula VIsta American Little League will approach the city and request the vacation of the bike lane on Telegraph Canyon for use for parallel parking (north side ofTelegraph). . The Chula Vista American Little League will prepare a plan for on-site parking. When approved by site and the district, up to 1 DO cars will be accommodated during non-school hours. . Construction of baseball fields, concession stands. restrooms or other storage facilities will require prior approval of the site principal and the district's planning department. . The Chute Vista American Little League will address any reasonable concems raiSed by residents on Dennis Street east of the school property. . It Is understood that the easement line between the school and the residents on Dennis is the responsibility of SDG&E. . The district will make available for use by the Chula Vista American Little League sewer, water, and electricity. The district reserves the right if fees for sewer and electricity become burdensome to ask for a contribution paralleling the use by the League. ) 7A -- 9 ---I \ , .. ",':',"" '. ,-..... '_~ ~"'_"_:' "'l-~<I'-i.~''':'. "., . . ','" "'~:~.., ~." . '_ - "'2",,,:- .: ' ,.'_ ",,:,,'sVl E,E''l'.WA'T.EJI:.,::UN I.C.N ":;;:>/'.:;.;X,:::::,"~/~.;>:;j.?:;Pi~:~;~j:';g & . ,."<~;:~,:,::;'::.\5:j~l:;:.<ti;'{:;>:'.:':", June19.1998.....,."... ..,....... . ';.<;~:.:\::;i@..~{q~1;.~~.:;.~j;;:.;{;;E:~ . .. ,. y , '.,' , , -. .:';:':..;;.~.,:~:,..:';:::\~> ...,...!~;;y, '" 4~llUt'T1'~~"-'" ".'.. , . ;li11~~i~_ Y'6kJiif~iii~ti:~~:~:~~~ Y'lBla City Community Development Department needs as;.n .;,....,~:~~.i::'ib~';.r~~h;:;-;;:;;~...,:de8c:ribed in a typical Use Pennit te-..t;..~ 'the '.n ...~,:.....1;I'{%^r ..__-.""............:~ . ...."""0 ;r;j~;j;;,\;~:t'f'..'j::Jt~;miDm"~i~Hillto Middle School and the little I . The :~;;i\ii;;i"1ls6 ~1;:;;fjS~.V~.~that thi little Ie's inswaDce is in = and an ...-."..... ..... ..,~...'.4-;..... 0(.- .,..",....~......."',......., ' eagu p . ~:d;~iiaicau-~ft;~~~.i:he,:m;"'J5{'S mcl 'lives of the. vious year. With the .. .)ApA~:~~:~l.~,~~~:tws:elationshi:: an endining~ that should last far .... .:.beyr"'~.Ji.1!(t~(th~~y~:~~.~:.~~ by the oommunity developmcm. From the outset,. . ./;OUf.'<Il$~m~]lccri:{D.;_~:eji . o' relationshi that will benefit both the school ~._r~~~" ~- ~...-- :.j\~~..i~~~,.,..~,.~,~~~;l~ff:;, ... . ..:.,.'.A~l...t&'.. ....~..~PI~;;lft..~FaCilities .'Ul1 j_.~~::;~~~,'::'.:.,~.:'~:::~-;g-=:!~~;:.-,,-:...~P.1Ib~'B~'r';i~J""91.! h53 . }:AX (.19) 420.03" .:: -,':..;:,.~.f.~.:.:.':...."'...:.f..,:....t.';.~.:t::~~:~0';~.~ig{'." .' . '.' 02 7 A - / P " .~;j~;:.:.~.;:-;:}:~<:::;. ., se'd l:l101 :'-." -.......:.,..; :/(";'~:>,i:} ~)':' :or ;.," ,,'., .~>~. -;- "..-. ........,.. .:.' ~ ::,~~.':~..;'-.',;:~,~.:....,..~.s. .~-: .~:\ ~'-'~, . .;.;,,:: ~.."." .... "".;- Attachment C4 .R I G H S C H 0 0 L Facilities DISTRICT , .:- '.~.;" ~ U:'t-' . :;-''j~ :Jt 10 ;-!tL: ~fiX NO. 6196369476.. , ,...- I ....,L.!') JUn-03-98 07:23A P.03 Attachment Dl MEMORANDUM TO: FROM: DATE: Officer Sylvia Vella senator Bill Lockyer May 27,1998 TIlE NEED TO FOCUS ON JUVENILES . The slate prison IlOPUlation is going up by approximately 11.000 new Inmetes per year. Ten years from now California will have 250,000 inmates behind bars. . Unless we do ll()IMthing on the prevention side. today'll g.year.oid will be the next cl&cade', prison Inmate. · Although eome juvenile orlme statl6tios have deollned this year, experts egree that a new demographic bulge threatens to overwhelm the exisllng Juvenile Justice system. It Is proJecled that, over the nex! decade, there will be 33% more kids between the ages of 11 and 17 - the ages when most Juvenile crime occurs. WHAT WE ARE DOINQ · In 1996, we provded $50 million for Juvenile Challenge Grante. I authored this legl&llllion (SB t 760) 10 help retool local government's Juvenlle jus1lca efforts and Ilhow targeted, C;>!1l1borative strategies can work. · sa, 095 . Hillh Risk Youth !duc:allon 1 Public Safety Program - The CI1allenge Gran16 broughl new focus, energy and resources to thslong neglected problem of Juvenile JUBliee. In 1997, we enacted legislation to establish a major new program to provide onlloing, suslalned, etate funding 10 divert juveniles from criminality. The High Rlsl<youlh Program In S8 10\l5 targets both younger, first lime offenderllthBt meet the "8% prollle' (as Identified by the Orange County study) and kids who ara transilioning back into the community from probation camps. The program Ie a unique partnership between the schools and probation. About 20,000 ofilia state's hlgh'st J1sk kids and their femllles wiN be served through the program If expanded statewide. =<?/J~)I ~u~~ ~-jd .Jt j:,: 4L ;hX NO, -Bi86389476 -J, 031 Jun-03-98 07:23A P.04 Attachment D2 , Jl sa 1050 (Alpert). Last year, Senator author&d S8 1050 which provided ,', counties with funding to establish "At-Risk Youth Early Intorventlon , Programs. dUlgned to &$$8$$ and serve families with children who have chronic behavioral problems that pla::6the child at....isk of becoming a ward of Ihe Juvenile Court under S.ction 601 or 601, The purpose of programs fLl1ded under senator's Alpert's legl8lal1on 11110 provide a swill and local service response 10 YOUth behavior pr~ms so that future involvemenl with the Justice system may be avoided. . sa , nil AFTI;R $CHOOl. PROGRAMS FOR MIDDLE SCHOOL KIDS . SB 109516 targeled early Intervention effort focused on klds who have Illr8ady entered the juvenile justice system. We also need to inertllls!! and focus on prevention $tl'ategles. One approach Is after school programs for middle school kide. . Micldle and Junior high school children are at greatest riak 10 negative Influences such as g&.nglnvOlvement and drug use because they have plenty 01 ullal.lpervlsed lime after achool, and are often 100 young to be left alone and too old for baby-sitl8rs. . ilme spQnt alone Is not the crucial contributor to high risk. Rather it is what YO:Jng people do during that time, where they do it. and "l\ith whom thaI leads to positive or negative cOn$eCluonclS. . The passa~e through early adoleseence (ages 10 10 15) should result in positive outcomes. For ine_sing numbers Of young edolesoen18, thet is not their experience. Inslead of safety in their neighborhoods, they face chronic physical danger; lns1ead of lntenect,;al stimulation, they face boredom and slagnation; In place oll'9sp&ct, they are neglected; lacking clear and consistenl atlJlt expectations lor them. many youth feel deeply aIIeneted from mainstream American society. . Some facts: . After school hours are prime time lor juvenile crime. VIolent juvenile erime lriples from 3 to 4 PM. the hour immediat&ly after schOOl, compared with 1 to 2 PM. when schoo/Is In session. (Fight Crime: Invssl in Kids roport, 1lXl7.) . 55% of mlddla IIchool kids report that they spend two or more houre each day at home without and adult. ihars more than 1 millIon Ca!~omia children, (Tilt Troubled Journey, Search Institute, 1990.) · One in lour edoiesoenls are In slgnlflcant troubl', ranging Irom drug abuse and leen pregnancy to juvenile delinquency and ITlOre serious crimes. (Joy Otyfooe, Adolescents at Risk, 1990.) . In the early t 9705,20010 of molhers worked; today 64% do. More than e C1uarter of .Ii children are growing up in single parent families. Vet, in most places the school day ~II assumes that IlOmeone ill waiting at home In the mid-allemoon. At the same time, bud\l811l havslcrced most SQhocl syatemelo cut extracurricular actMtles .. particularly for midd:e school students. :J.. ? /l - / oZ, ~ U:'F: j- jd':.J~ 1 ~: 40 ~AX NU B}SB3B84~B C [1( I .. .... .dun-03-9B 07:24A P.OS Attachment D3 . SB 1766 proposes a slllle-local partnership to cr&ale alter school programs lor rnltlt.1l. IIchvul chllurvlI. MuIlellOd alUlr 15;011 OI,,1lY euulIly'1I "OrIU"",1 Hours" programs, the state would provide a base annual grant of up to $75,000 tcra.bout two-thirds of tho middle school, or j~nior high, in Calilornia. Using Il donS!' lor dollar match requirement state lunda would be used to 11Iverags local public end private resourc&& to enhance the quality of the I"UY"llIl. Suu;,,~~lul J.l'Ull""'''' MAJIJ wII.rLuo..r. wiU. IIUII'1"ur.loo, mmmunlly or(lllni1l'1Iinnll.local (JOVemlMnt 1l0Mnea.l'lllr\( ami rf'lr.lMtion districts, and law enloroament to meet the unique neede in each area. To maintain funding, after school programs musl dll'l'lOnstrate that tollsaat 20% of the school's sludents participate In the program. . Core after aehool Dr~r.m eor'I'IOOI'Ientt. (1) Iiducatfon and enrlQ)ment activities (tutoring. pubic speaking, computers, applications of technology in ""re"r, rrlu"ll>, drllm.. field trips); (t) l'lecreaUoolllllctlvltllls; and, (3) Heabh oduoolicn ( phyolcalll1no!lll, DubolDnoo abuoo prollontlon, nutrition, nOOollh jrl:lllut.:liuI'I, tl.1'Wt.tt'IIU:llldW~III~lil) · EXDectlld OlJteomas . Improved school a1t6ndanee, Improved academic achievement. reduced "at risK" behaviors such as substance abUSCl, and reduced incidence of youth hcxnicidllslsuicid.. and criminal activity, . The May revIM of Ill. GovelT\Clr'& budgallnc\udes $GO million for after school programs. $25 million 01 the Governor's budget would go to middle school jJr"ll';O"'~ wid"', ."" v..'y.t",lIm 10 thoSllllnvlllloned In S! j"~6. We will be Workina r.lCll\ftly with Ihll Gnllftlnnr'!l nffi!1l': RnI! thfl nutlonk lnr fundlno sa 1756 programs Is encouraging. d, 7/J -/;J Attachment E ) 7/J -If