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Home My WebLink About2008/01/15 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the OHice of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. . ~J(.t-- d tI/t/oe Signed~ ~i ellY OF CHULA VISTA Cheryl Cox,. Mayor Rudy Ramirez, Councitmember David R. Garcia, City Manager John McCann, COLJncHmember Ann Moore, City Attprney Jerry R. Rindone, Cotincihnember Donna Norris, Interim City Clerk Steve Castaneda, Councilmember January 15, 2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE James Clark to the International Friendship Commission . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DANIEL MISHLER AND XAVIER CASTRO . PRESENTATION BY MARK WATTON, GENERAL MANAGER OF THE OTAY WATER DISTRICT, ON THE STATUS OF WATER IN THE REGION . PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER OF THE SWEETWATER AUTHORITY, ON THE STATUS OF WATER IN THE REGION CONSENT CALENDAR (Items 1 through 7) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-07-031, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL LOCATED AT 267 EAST OXFORD STREET FROM R-l (SINGLE FAMILY RESIDENCE ZONE) TO R-I-5-P (SINGLE FAMILY RESIDENCE, PRECISE PLAN ZONE), AND ADOPTING PRECISE PLAN STANDARDS (SECOND READING AND ADOPTION) Brookfield-Shea-Otay, LLC, agent for property owner Concordia Lutheran Church, is requesting a Rezone, Precise Plan and Tentative Subdivision Map to develop 24 single- family lots on a 3.9-acre site presently occupied by the church, at 267 East Oxford Street in southwestern Chula Vista. The ordinance adopts the Negative Declaration and Mitigation Monitoring and Reporting Program, amends the Zoning Maps, and adopts the Precise Plan Standards. The ordinance was first introduced on January 8, 2008. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR 2006/2007 (DIG-OUTS, PHASE 2) (STL-340B)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $447,070 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT On November 9, 2007, fifteen (15) sealed bids were received for this project, which consists of the removal and replacement of damaged asphalt concrete pavement at various locations in the City of Chula Vista. The work also includes subgrade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On December 19,2007, nine (9) sealed bids were received for this project. This is the second and final phase of this CIP. Phase 2 will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. (Engineering and General Services Director) Staffrecommendation: Council adopt the resolution. Page 2 - Council Agenda htto:/lwww.chulavistaca. gOY January 15, 2008 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE LOW BID, ACCEPTING THE SECOND LOW BID AND AWARDING CONTRACT FOR "GAYLE MCCANDLlSS MEMORIAL PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-179)" PROJECT TO HTA ENGINEERING & CONSTRUCTION AND AUTHORIZING THE EXPENDITURE OF AVAILABLE CONTINGENCIES FOR THE PROJECT On January 8, 2008, ten (10) sealed bids were received for this project which includes the installation of a new play area and picnic area with ADA accessible walks and ramps; site furnishing upgrades and improved security lighting; and some minor irrigation and planting improvements. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR "OTAY RECREATION CENTER EXPANSION IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-277)" PROJECT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $392,030 AND APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THEREFOR (4/5THS VOTE REQUIRED) On January 2, 2008, five (5) sealed bids were received for this project, which consists of the construction of an expansion to the existing 1,376 square foot facility to be used as a classroom for the community. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY OWNED LAND TO THE CITY OF SAN DIEGO FOR THE OTA Y -SAN DIEGO PIPELINE As part of the City of San Diego's relocation of the Otay water pipeline, it was necessary to place a portion of the improvements within land owned in fee by the City of Chula Vista. The construction of this project has already been completed. The land is located along the southerly right-of-way of Telegraph Canyon Road west of Heritage Road. (Engineering and General Services Director) Staffrecommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY Page 3 - Council Agenda httD:1 /www.chulavistaca. 20V January 15, 2008 NNP- Trimark San Miguel Ranch, LLC has made a request to vacate a portion of a slope and drainage easement located within Lot 10 of Map 14261 lying northeasterly of the intersection of Mount Miguel Road and Proctor Valley Road within the San Miguel Ranch Development. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The ltem(s) listed in this section of the agenda will be considered individually by the Council, and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF ADOPTION OF RESOLUTIONS GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION, PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE BALLOT, REQUESTING THE SAN DIEGO COUNTY BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION, AND APPROPRIATING FUNDS FOR THE PETITION- RELATED EXPENSES Adoption of the resolutions gives notice of a General Municipal Election to be held June 3, 2008; places a citizen-initiated Charter amendment on the ballot; requests the services of the Registrar of Voters to conduct the election, and appropriates funds for signature verification on the petition, and its placement on the ballot. (Interim City Clerk) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL; PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION Page 4 - Council Agenda httn:/ /www.chulavistaca. gOY January 15, 2008 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE VERIFICATION OF SIGNATURES FOR CERTIFICATION OF A PETITION FOR A CHARTER AMENDMENT AND FOR ITS PLACEMENT ON THE BALLOT FOR THE CONSOLIDATED GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 2008 (4/5THS VOTE REQUIRED) OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS 11. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). 12. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . Two cases ADJOURNMENT to the Regular Meeting of January 22,2008 at 6:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 5 - Council Agenda hun:} Iwww.chulavistaca. gOY January 15, 2008 ORDINANCE NO. ~\:F:J?'\\O~ ~ .r...~~\) AN ORDINANCE OF THE CITY OF C~~AAMENDING THEZONINGMAPESTAB~ISHE !i~~'fs~( CTION19.l8.010TO REZONE ONE 3.9 ACRE P LOCATED AT 267 EAST OXFORD STREET FRO R-I (RESIDENTIAL SINGLE FAMILY) TO R-I-5-P (SINGLE FANITL Y RESIDENTIAL, PRECISE PLAN), AND ADOPTING PRECISE PLAN STANDARDS. WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and, WHEREAS, an application made by Concordia Lutheran Church ("Applicant") to amend the Zoning Map was filed with the City of Chula Vista Planning and Building Department on April 10,2007; and, WHEREAS, the applicant proposes to rezone the 3.9 acre Project site located at 267 East Oxford Street from the R-l (Residential Single Family) Zone to the R-I-5-P (Residential Single Family, Precise Plan) zone, establishing a Precise Plan Modifying District, and adopting Precise Plan standards ("Project"); and, WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has conducted an Initial Study (IS- 07-031) in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study the Environmental Review Coordinator has determined that the project could result in significant impacts on the environment. However, revisions to the proj ect made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration (MND 1S-07 -031) and associated Mitigation Monitoring and Reporting Program (MMRP); and, WHEREAS, the Planning Commission recommended approval of the project at a public hearing held at a time and place advertised, namely 6:00 pm on December 12, 2007, in the Council Chambers, 276 Fourth Avenue; and, WHEREAS, the City Council set the time and place for a hearing on said zone change (PCZ-07 -08) and notice of said hearing, together with'its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. January 8, 2008, in the Council Chambers, 276 Fourth Avenue and said hearing was thereafter closed. J:\AUOrney\DllvidM\OrdiJIlOCcsIPCZ..o7..080rafl0rd Oxfonl.dol: 1-1 Ordinance No. Page 2 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. FINDINGS FOR APROV AL OF REZONE AND PRECISE PLAN MODIFYING DISTRICT, INCLUDING PRECISE PLAN STANDARDS. Pursuant to Section 19.56.041 of the Chula Vista Municipal Code, the City Council of the City of Chula Vista finds that the following circumstances are evident, which allows the application of the . "P" Precise Plan Modifying District to the project site. I. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The City Council finds that the proposed precise plan standards contained in attached Exhibit C will not have a negative impact on the surrounding neighborhood because the proposed standards allow the applicant to design a Project that is more compatible with the existing residential development in the area. The surrounding area includes single-family homes to the north, south, east and west. These homes were developed pursuant to the R-I-7 zone with predominantly 7,000 square foot lots. To provide a subdivision design that is more compatible with the R-I-7 zone, the Project will include a minimum rear yard setback requirement of20 feet, which exceeds the R-I-5 requirement, and matches that of the R-I-7 zone. Through the use of three different floor plans at varying setbacks, the front and rear yards ofthe Project will be staggered, which will vary the alignment of homes to add visual interest. The applicant is proposing single-story plans on 10 of the lots, which will complement the surrounding area, which also contains a mixture of single-story and two- story development. Such standards will allow construction of a single- family development that is more compatible with the surrounding R-I-7 zone type of development than the typical R-I-5 development. 2. That such plan satisfies the following principles for amendment of the "P" modifying district as set forth in CYMC 19.56.041: (a) The basic or underlying zone regulations do not allow the property owner or the City the appropriate control or flexibility needed to achieve an efficient and proper relationship among the uses allowed in the adjacent zone The City Council fmds that application of the "P" modifying district is appropriate because the underlying R-I-5 zone regulation does not allow development standards needed to achieve a project design that is compatible with the adjacent residential area, and therefore a precise plan modifying district is needed to allow a more compatible design. Development of the site under the standard R-I-5 zoning would potentially result in massing issues created by rows of rear elevations of 1:\Attomey'D.vidM\()tdin&n\lc:s\PCU)1-oaDnUl()af Qxford..dac: 1-2 Ordinance No. Page 3 homes developed with a 15 ft. rear yard setbacks. The Precise Plan standards will allow the Project to be designed with development standards which will make a more appropriate transition between adjacent single family development on 7,000 square foot lots, and will also be designed to include walls, fencing and landscaped open space lots that will help buffer the units adjacent from the adjacent uses, in a manner that the development of the site will better coexist with adjacent uses. 3. That any exceptions granted which may deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the "P" Precise Plan Modifying District. (a) With the exception of the rear yard setback of20 feet and the front yard setback to the porch of 10 feet, the development standards are the same as the R-I-5 zone. (b) Development of the lot using the development standards of the R-I-5 zone would limit the ability of the applicant to propose a design that meets the goal of achieving an efficient and proper relationship among the uses allowed in the adjacent zone. The Precise Plan will provide special development standards that will make the project more compatible with adjacent single-family housing, which was developed under the R-I-7 development standards. (c) The City Council finds that these requested deviations under the Precise Plan are warranted in order to achieve the purpose of the Precise Plan Modifying District. 4. That the approval of this plan will conform to the General Plan and the adopted policies of the City Of Chula Vista. (a) The Project has been designed and evaluated in accordance with the goals and objectives of the General Plan. The Precise Plan, as described above, will allow the Project to be consistent with the goals and objectives of the General Plan, and theChula Vista Municipal Code. The Precise Standards as depicted in Exhibits B are adopted and are supported by the required findings (CYMC Section 19.56.041, as outlined in Section IT (E) above. IT. ACTION Finding that it is consistent with the City of Chula Vista General Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation, the City Council of the City OfChula Vista hereby amends the Zoning Map, re-zoning the 3.9 acre Project site located at 267 East Oxford Street from the R-l (Residential Single Family) Zone to the R-l- 5-P (Residential Single Family, Precise Plan) zone, establishing a Precise Plan Modifying District, and adopting Precise Plan standards;. J;\A~vidM'Ordimnccs\PCZ'07.osDraft()nl.Ox:rord.doc 1-3 Ordinance No. Page 4 1:\Attomcy\OuidM\OnfinancalPCZ-07-oaDn1llOn1 OlCrOld.dac 1-4 Ordinance No. Page 5 III. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by James D, Sandoval Planning and Building Director J:\Ancmey\DavidM\Onlilllll1l:Cl\PCZ-07.08Dn.f\Ord Qxford.doc:. 1-5 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOC)CATOR t.~~ Brookfield Shea Olay, LLC. ~~ 267 E. Oxford Street. SCALE: FILE NUMBER: NORTH No Scale PCZ-07-08 PROJECT OESCRIPTlON: ZONE CHANGE Request 36 5FD development on a 3.9 acre lot Zone change proposed from R1 to R2. Located at2S7 E. Oxford 5t Related cases: 1s.o7~1, PCS-07~ & GPMl744 J:IPlanninglPublic NolicesIPCZlPCZ0708.cdr 04.26.07 1-6 ORDINANCE # 12/12/07 &Y+1IEn- J$ OXFORD STREET 'pROJECT PCZ-07-08 / PCM 08-02 PRECISE PLAN DEVELOPMENT STANDARDS Lot Size 5,000 sq. ft. minimum Lot Width 50 ft. minimum. except 35 ft. for cul-de-sac lots Building Coverage 40% maximum Floor Area Ratio (FAR) 50% Maximum (including garage) Front Yard Building Setback: (all setbacks measured from property line except where noted) . To Building (living area) 15 ft. . To Porch 10 ft. Width of porch shall not exceed 1/3 width of house . To Garage 22 ft. from closest edge of sidewalk to face of . garage Rear Yard Building Setback: ! 20 ft, with the following exception: Up to 1/3 of the width of the first story of any house may encroach 5 ft. into the required 20 ft. rear yard setback, as long as the second story meets the main 20 ft. setback. Interior Side Yard Building Setback 5 ft. Exterior Side Yard Building Setback 10 ft. Building Height: 28 ft./2 stories (Measured to mean height level between eave and ridge -per CYMC 19.04.038) FencingIW ails: Decorative stucco, split-face block walls, rail (view) or wood privacy fencing are permitted. Maximum height is 6 feet from adjacent grade level. Garage Minimum 400 square foot, 2 car garage with (Continued on Pg.2) minimum dimension of 20 feet. 1-7 . ORDINANCE # 12/12/07 OXFORD STREET 1:'KOJECT PCZ-07-08 / PCM 08-02 Notes: a. Minor modifications to Precise Plan map are pennitted pursuant to approval of a Site Plan and Architectural Review by the Zoning Administrator, per CVMC 19.14.420. Amendments to the Precise Plan Map shall comply with the Precise Plan Development Standards. All other Precise Plan amendments . shall comply with Precise Plan Modification requirements per CVMC 19.14.577. b. Uses and Development standards not addressed in this Precise Plan shall comply with the requirements of the Zoning Ordinance, C\l.MC Title 19. c. Accessory Uses and Structures shall comply with requir=ents ofCVMC 19.24.030, with the following exceptions: (1) The first 300 square feet of any attached or detached open structure, such as a patio cover or gazebo, which are open on 2 or more sides, are exempt from the Floor Area Ratio requirements. (2) The first 100 square feet of detached enclosed buildings such as a pool, storage, or garden building is exempt for the floor are ratio requirement. (3) A 5-foot rear and side yard setback is required for any accessory structure in the required rear or side yard area. 1-8 CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF ~-C'<-~ CHUIA VISTA 1/15//08, ItemL ITEM TITLE: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "P A VEMENT REHABILITATION PROGRAM FY 06/07 (DIG-OUTS, PHASE 2) (STL-340B)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $447,070.00 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT SUBMITTED BY: REVIEWED BY: G AND GENERAL SERVICES ~)r CITY MANAGER ASSISTANT CITY 4/STHS VOTE: YES D NO [8J BACKGROUND On November 9, 2007, the Director of General Services received sealed bids for the "Pavement Rehabilitation Program FY 06/07 (Dig-Outs, Phase 2) (STL-340B)" project. The work consists of the removal and replacement of damaged asphalt concrete pavement at various locations in the City of Chula Vista, California. The work for this project also includes sub grade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the proj ect. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. 2-1 1/15/08, Item 2.- Page 2 of4 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Included in the FY2007 -08 CIF Budget is a project for the rehabilitation of deteriorating pavement throughout the city. Public Works Operations and Engineering, through the Pavement Management System, developed a priority list of streets to be included in the program. The total budget for the Pavement Rehabilitation Program FY2007/2008 is $11,404,515 from Transnet Funds and includes overlay, pavement removal and replacement, chip seals, and slurry seals as maintenance strategies. The pavement rehabilitation project will use approximately 5% of the pavement program funds. The total funding amount of $666,484.00 consists of the following: $447,070.00 is proposed to be awarded to the contractor, $20,000 shall be used for construction soils and pavement testing, $110,000.00 for City staff time (survey, inspections, and design), and contingencies in the amount of$89,414.00 (20% of contract award). The pavement rehabilitation project consists of removal and replacement of damaged asphalt concrete pavement at various locations in the City of Chula Vista, California. The purpose of this strategy is to repair the damaged areas of streets located at various locations. It should be noted that at the completion of this project, the appearance of the pavement surface will appear "patch- like" until a slurry seal is performed. In the spring/summer of 2008, subsequent to the repairs, a REAS slurry seal shall be conducted at the same street locations to remedy the "patch-like" appearance. This project includes subgrade preparation, striping, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project, and described in these documents. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations, City Council approval is required. That amount totals $34,294.90. However, approval of tonight's resolution will increase the Director of Public Works Operations authority to approve change orders as necessary up to the contingency amount of $89,414.00, an increase of$55,119.10, and authorize staffto expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of dig-out quantities, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. A typical "unforeseen circumstance" situation occurs during the dig-out process as pavement distress areas are repaired (dig-outs). Often times, additional areas are repaired beyond what is anticipated due to the failing area increasing in size. As a result, additional material is required to repair the areas and may lead to a necessary "Change Order" to the contract. This is a typical situation with all pavement rehabilitation projects. Project Design staff has prepared specifications and advertised the project. Staff received and opened 15 bids on November 9, 2007. Attachment 2 shows the list of streets included in the proj ect. 2-2 1/15/08, Item d-- Page 3 of 4 The City received the following bids: CONTRACTOR BID AMOUNT 1. Frank and Son Paving, Inc. ofChula Vista, California $447,070.00 2. Ramona Paving and Construction Corp. of Ramona, California $450,110.80 3. MJC Construction of Bonita, California $452,500.00 4. Southland Paving, Inc. ofEscondido, California $463,360.00 5. Palomar Grading & Paving, Inc. of Escondido, California $463,758.20 6. Sim J. Harris, Inc. of San Diego, California $474,220.00 7. D&L Wheeler Enterprises Corporation of Yucaipa, California $488,700.00 8. Hardy & Harper, Inc. of Santa Ana, California $503,180.00 9. Starnmerrama, Inc. of San Marcos, California $532,140.00 10. Tri-Group Construction of Po way, California $542,638.00 11. Koch-Armstrong General Engineering, Inc. of Lakeside, California $581,010.00 12. New Century Construction, Inc. of Lakeside, California $582,820.00 13. A.M. Ortega General Engineering Contractor, Inc. of Lakeside $608,630.60 California 14. ABC Construction Company, Inc. of San Diego, California $660,650.00 15. Hazard Construction Company of San Diego, California $1,194,600.00 The low bid submitted by Frank and Son Paving, Inc. of Chula Vista, California is below the Engineer's estimate of $452,500 by $5,430.00 (1.2% below Engineers estimate). Staff has verified the references provided by the contractor and their work has been satisfactory. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Wage Statement The source of funding for this proj ect is Transnet funds. Contractors bidding this proj ect were not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 1 8704.2(b)(2) and 18705 .2(b)(1). 2-3 f") 1/15/08, Item ",--... Page 4 of 4 FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $447,070.00 B. Contingencies (20% of contract) $89,414.00 C. Staff Time Cost (approx 16.5% of total): $110,000.00 Construction Inspection (7.5%) $50,000.00 Design/Construction Management (7.5%) $50,000.00 Survey Work (0.8%) $5,000.00 Planning/Environmental/Traffic/Landscape/Public Works (0.8%) $5,000.00 Soil Testing (3%) $20,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $666,484.00 FUNDS A V AILABLE FOR CONSTRUCTION A Transnet $666,484.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $666,484.00 Upon completion of the project, the improvements will reqUIre only routine City street maintenance. ATTACHMENTS 1 - Contractor's Disclosure Statement 2 - List of Streets Included in the Project Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department M:\General Services\GS Administration\Council Agenda\STL340B Dig-Outs\STL-340B Dig-Out Award Al13 tinal.doc 2-4 ATT.~CHMENT / City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that wit! require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. t=-llAIL ANd s">n u., \i\.Yj 'In::.. c A.L~ \J'~Qu;:z.. trP>-t....lC.l.~ \k"'LL~ 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. ,A,Li C:.\.c... VA<;;.C;J. iF?_ frLliYJ<;;;LO V~I F7~ 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person' serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A, 4. Please identifY every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. NIA 5. Has any person' associated with this contract had any financial dealings with an official;' of the City ofChu]a Vista as it relates to this contract within the past 12 months? Yes_ No~ N/A 13 M:\GeneraJ Services\Design\STL340B Dig-Out Contract for REAS\STL~340B DIG-OUTS for future REAS Streets Contract Sept 2007.doc 2-5 If Yes, briefly describe the nature of the financial interest the official" may have in this contract N/A . 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Nci~ Yes _ If yes, which Council member? N/A , 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official" and what was the nature of item provided? NlA . Date: N~q, 2J::J57 q V.A&Q\JE2.. Print or type name of Contractor/Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa board, commission, or committee of the City, employee, or staffmembers. 14 M:\General Services\Design\STL340B Dig-Out Contract for REAS\STL-340B DIG-OUTS for future REAS Stre{ets Contract Sept 2007.doc I 2-6 CITY OF CHULA VISTA 07/08 DIG OUT LOCATIONS DIG OUT ONLY CONTRACT '" I ..... # STREET BEGINNING ENDING PCI LENGTH WIDTH CDS AREA LOCATION LOCATION (FT) (FT) (SF) (SF) 1 MELROSE AVE SHEFFIELD CT MYRA AVE 72 304 33 10032 , 2 KERNEL Pl E oW ST SEND 76 112 33 3696 3 ANITA ST BAY BLVD FRONTAGE RD W 62 364 46 16744 4 CITRUS WY SUZANNE LN TAMARINDO WY 62 396 33 13134 5 CLAIRE AVE E WHITNEY ST E MIN ST 62 637 37 23569 6 DATE AVE NCDS SIERRA WY 62 165 33 4165 9630 7 E MilLAN ST GRETCHEN AVE MYRA AVE 62 755 33 24915 6 ELM AVE NCDS SIERRA WY 62 300 33 3525 13425 9 GALVESTON WY COl TRIDGE LN SE CDS 62 750 33 4656 29406 10 GRAND TETON CT MAX AVE NCDS 62 610 33 4656 24766 11 INKOPAH ST CUYAMACAAVE MONSERATE AVE 62 1312 33 43296 12 LA MANCHA Pl BUENA VISTA WY NE CDS 62 602 33 4656 24522 13 LARKHAVEN DR ORANGE AVE WOODLARK IN 62 355 33 4165 15900 14 RIVERA CT WCDS OLEANDER AVE 62 332 33 10956 15 ROSEVEl T ST FOURTH AVE THIRD AVE 62 1263 30 37690 16 SEQUOIA ST OLEANDER AVE OLIVE AVE 62 276 33 9108 f'i:, ~ 1> o r s: m ~ 1t0 '" I CD # STREET BEGINNING ENDING PCI LENGTH WIDTH CDS AREA LOCATION LOCATION (FT) (FT) (SF) (SF) 17 TIERRA BONITA PL MESA GRANDE PL NW CDS 82 592 33 4656 24192 18 TWIN OAKS CI TWIN OAKS CL TWIN OAKS AVE 82 1188 26 4752 35640 19 ALPINE AVE "G"ST FIRST AVE 83 609 26 15834 20 COLORADO AVE "I"ST HALSEY ST 83 620 33 20460 21 DALE CT NCDS TIFFANY DR 83 200 33 4185 10785 22 DARTHOUTH ST BAYLOR AVE MILLS ST 83 1013 33 33429 23 E. QUINTARD ST MONSERATE AVE MELROSE AVE 83 832 37 30784 24 ELSIE WY PENELOPE DR CDS 83 307 33 4185 14316 25 GARRETT AVE "H"ST MANKATO ST 83 647 26 16822 26 GLOVER AVE "J"ST KEARNEY ST 83 628 27 16956 27 GOTHAM ST RUTGERS AVE EEND 83 1832 37 67784 28 JASMINE ST LANTANA AVE CAMELLIA CT 83 267 33 8811 29 KINGSWOOD DR TOBIAS DR HILL TOP DR 83 647 33 21351 30 N FIFTH AVE END OF STREET "COST 83 750 49 36750 31 RIMCREST CT NCDS CRESTVIEW DR 83 222 33 4656 11982 32 SHERWOOD ST FIRST AVE TOBIAS DR 83 617 33 20361 33 SONORA DR BRANDYWINE AVE BRANDYWINE AVE 83 1124 37 41588 34 SWEETWATER RD W OF TENNIS CT LN ROHR PARK ENTER. 83 1024 41 41984 35 TAMARINDOWY CITRUS WY HILLTOP DR 83 808 37 29896 36 TREMONT ST FRESNO AVE THIRD AVE 83 615 33 20295 37 VERONICA CT weDS OLEANDER AVE 83 27 37 4185 5184 I'.) I <0 # STREET BEGINNING ENDING PCI LENGTH WIDTH CDS AREA LOCATION LOCATION (FT) (FT) (SF) (SF) 38 YALE ST VASSAR AVE CORNELL AVE 83 1165 33 38445 39 ANITA ST 511 FT E/O BROADWAY ANNA LINDA DR 84 840 37 31080 40 ASHBROOK DR CEDARSPRING DR LAKESHORE DR 84 607 33 20031 41 BANNER AVE ZENITH ST MAIN ST 84 321 33 10593 42 BLUEWATER LN SOUTHSHORE DR RIDGEWATER DR 84 603 33 19899 43 E"I"ST HILL TOP DR PENELOPE DR 84 846 37 31302 44 E MOSS ST NOLAN LN NACION AVE 84 917 37 33929 45 FIFTH AVE MOSS ST NAPLES ST 84 1383 49 67767 46 FIFTH AVE QUEEN ANNE DR OXFORD ST 84 549 55 30195 47 FORTUNA ST EVANS AVE CUYAMACAAVE 84 572 33 18876 48 LAUREL AVE HEATHER CT LILAC AVE 84 876 33 28908 49 MILLAN CT FIRST AVE ECDS 84 824 33 4656 31848 50 MONTEBELLO ST SECOND AVE ELM AVE 84 548 27 14796 51 OAK VIEW TE WCDS CHERRY HILLS LN 84 588 33 4656 24060 52 PASEO MARGUERITA PASEO DEL PASO PASEO ESTRADA 84 357 33 11781 53 PESCADERO POINT CT NCDS POINT ARGUELLO DR 84 92 19 4356 6104 54 QUINCE ST OCALA CT OLEANDER AVE 84 204 33 6732 55 QUINTARD ST EL LUGAR ST THIRD AVE 84 525 49 25725 58 REDLANDS PL BAYLOR AVE SCDS 84 773 33 4656 30165 57 SEQUOIA ST POINT ARQUELLO DR EEND 84 1174 37 43438 58 SPARROW ST RAVEN AVE ORIOLE PL 84 281 33 9273 I'.) I ~ C) # STREET BEGINNING ENDING PCI LENGTH WIDTH CDS AREA LOCATION LOCATION (FT) (FT) (SF) (SF) 59 SUNNY CREST LN WCDS FORESTER LN B4 1573 33 4656 59865 60 SUZANNE LN CONNOLEY AVE CITRUS WY B4 463 33 15279 61 WATERBURY BRIDGEPORT RD BRIDGEPORT RD B4 2292 33 75636 62 WATERSIDE DR SOUTHSHORE DR RIDGEWATER DR B4 982 33 32406 63 ARTHUR AVE GRETCHEN RD N E"J"ST 85 1153 33 38049 B4 BANNER AVE TREMONT ST MONTGOMERY ST 85 420 33 13860 65 BOSWELL RD MILLER DR LANE AVE 85 1951 61 119011 66 CAMELLIA CT NCDS JASMINE ST 85 379 33 4656 17163 67 CAMINO ELEVADO OTAY LAKE RD CALLE ESCARPADA 85 579 33 19107 68 CARISSA CT NCDS JASMINE ST 85 289 33 4656 14193 69 DAVIDSON ST FIRST AVE ECDS 85 822 32 2206 28510 70 ENTERTAINMENT CI (NORTH) ENTERTAINMENT CI HERITAGE RD 85 1508 75 113100 71 ENTERTAINMENT CI (SOUTH) ENTERTAINMENT CI HERITAGE RD 85 2947 49 144403 72 FORESTER LN NCDS SOUTH POINT DR 85 1150 33 4656 42606 73 GOTHAM ST XAVIER AV VASSAR AVE 85 1246 33 41118 74 KEARNEY ST FOURTH AVE EEND 85 625 27 16875 75 KUHN DR MILLER DR FENTON ST 85 1171 49 57379 76 LAGUNA ST SHASTA ST SECOND AVE 85 498 31 15438 77 MORRO POINT DR LONG POINT CT WEST POINT DR 85 347 29 10063 78 OCALA CT QUINCE ST SCDS 85 423 33 4656 18615 79 ORIOLE CT ORIOLE PL ECDS 85 297 33 4656 14457 '" I ~ ~ # STREET BEGINNING ENDING PCI LENGTH WIDTH CDS AREA LOCATION LOCATION (FT) (FT) (SF) (SF) 80 PASO ROBLES CT WCDS MACKENZIE CREEK 0 B5 611 33 4656 24B19 81 POINT SAN lUIS CT WCDS TORTUGA POINT DR 85 116 19 4356 6560 82 RIVERLAWN AVE K ST LST 85 1538 33 50754 83 SOUTHSHORE DR LAKESHORE DR RIDGEWATER DR 85 835 33 27555 84 TREMONTST THIRD AVE BANNER AVE 85 1311 33 43263 85 ARBORCREEK lN RIDGE CREEK DR SUNNY CREST lN 86 433 33 14289 86 BLUFF POINT CT POINT ARQUElLO DR SCDS 86 93 19 4356 6123 87 CANYON DR VIA HACIENDA OT A Y LAKES RD 86 787 37 29119 B8 CARDINAL Pl NCDS REDWING RD 86 113 33 4656 8385 89 CARLA AVE PENELOPE DR E. J ST 86 725 33 23925 90 COUNTRY VISTA lN WCDS BONITA CANYON RD 86 941 33 4656 35709 91 DEL MONTE AVE MAIN ST SEND 86 916 33 30228 92 E. NAPLES CT MEDICAL CENTER DR ECDS 86 199 37 4656 12019 93 ENERGEY WY WCDS NIRVANA AVE 86 473 49 5944 29121 94 FIFTH AVE WESTBY ST ARIZONA ST B6 308 43 13244 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY 06/07 (DIG-OUTS, PHASE 2) (STL-340B)" PROJECT TO FRANK AND SON PAVING, INC. IN THE AMOUNT OF $447,070.00 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT WHEREAS, on November 9, 2007, the Director of General Services received sealed bids for the "Pavement Rehabilitation Program FY 06/07 (Dig-Outs, Phase 2) (STL-340B)" project; and WHEREAS, the work consists of the removal and replacement of damaged asphalt concrete pavement at various locations in the City of Chula Vista; and WHEREAS, the work for this project also includes subgrade preparation, strlpmg, pavement markings, traffic control, and other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project; and WHEREAS, the City received 15 bids as follows: CONTRACTOR BID AMOUNT 1. Frank and Son Paving, Inc. ofChula Vista, California $447,070.00 2. Ramona Paving and Construction Corp. of Ramona, California $450,110.80 3. MJC Construction of Bonita, California $452,500.00 4. Southland Paving, Inc. of Escondido, California $463,360.00 5. Palomar Grading & Paving, Inc. of Ese on dido, California $463,758.20 6. Sim J. Harris, Inc. of San Diego, California $474,220.00 7. D&L Wheeler Enterprises Corporation of Yucaipa, California $488,700.00 8. Hardy & Harper, Inc. of Santa Ana, California $503,180.00 9. Starnmerrama, Inc. of San Marcos, California $532,140.00 10. Tri-Group Construction of Po way, California $542,638.00 11. Koch-Armstrong General Engineering, Inc. of Lakeside, California $581,010.00 12. New Century Construction, Inc. of Lakeside, California $582,820.00 13. A.M. Ortega General Engineering Contractor, Inc. of Lakeside $608,630.60 California 14. ABC Construction Company, Inc. of San Diego, California $660,650.00 15. Hazard Construction Company of San Diego, California $1,194,600.00 2-12 WHEREAS, the low bid submitted by Frank and Son Paving, Inc. of Chula Vista, California is below the Engineer's estimate of $452,500 by $5,430.00 (1.2% below Engineers estimate). Staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, City Council authorizes the Director of Public Works Operations' authority to approve change orders as necessary up to the total funding available. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accept bids and award contract for the "Pavement Rehabilitation Program Fy 06/07 (Dig- Outs, Phase 2) (Stl-340b)" project to Frank And Son Paving, Inc. in the amount of $447,070.00 and authorizing the expenditure of all available funds in the project. Presented by Approved as to form by ~~~ Ann Moore City Attorney Jack Griffin Director of Engineering and General Services M:\General Services\GS Administration\Council Agenda\STL340B Dig~Outs\STL340B Reso for Award.doc 2-13 CITY COUNCIL AGENDA STATEMENT ~f::. CIIT OF - - ~ - (HUlA VISTA 1/15/08, ItemL ITEM TITLE: RESOLUTION ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR DIRECTOR OF EN7!!!:G:r ~ENERAL SERVICE1...t1-. CITY MANAGER ASSISTANT CITY ANAGER 7'/ 4/5THS VOTE: YES [Z;] NO 0 SUBMITTED BY: REVIEWED BY: BACKGROUND On December 19, 2007, at 2:00 P.M., the Director of Engineering and General Services received nine (9) sealed bids for Phase 2 of the "Lauderbach Park Improvements in the City of Chula Vista, CA (PR-295)" project. This project represents the second and final phase of CIP project PR-295. Phase 2 of the project will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements at Lauderbach Park. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 (d) & (e) Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review IS necessary. RECOMMENDATION That Council adopt the resolution. 3-1 1/15/08, Iteml Page 2 of 4 BOARDS/COMMISSION RECOMMENDA nON The Parks and Recreation Commission unanimously endorsed this project on January 18,2007. DISCUSSION The "Lauderbach Park Improvements (PR-295)" project was approved by Council Resolution 2007-090 (Attachment 1) on April 17, 2007. The entire scope of work for the project was originally planned to be advertised and awarded as a single project consisting of various improvements to Lauderbach Park. However, in an effort to expedite the construction of a portion of the project, City Staff decided to advertise and award the project in two phases. Phase 1 of the project consisted of fencing improvements along the Oxford Street side of the Boys and Girls Club located at Lauderbach Park; this phase was approved by Council Resolution No. 2007-144 on June 12,2007 (Attachment 2) and construction has been completed. Phase 2 of the project, which is before City Council tonight for award, represents the second and final phase of the Lauderbach Park project and will include a new restroom facility, upgraded park security lighting, tot lot safety surfacing, fencing at the rear of the Boys and Girls Club to enclose the park play area and associated site specific improvements. In addition, this resolution authorizes the expenditure of all available contingencies for the project. That amount totals $48,190.00. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works, City Council approval is required. However, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $36,733, plus an increase of $11,457 and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. Building and underground proj ects typically have unforeseen costs because the eXlstrng conditions beneath the surface are not completely known. Even though every feasible effort (as- builts research, potholing, field survey, soils investigation) has been made to anticipate any potential problems, there is a possibility that once the excavation work begins, unknown conditions will surface and cause the project costs to increase. In addition, construction of this improvement will occur during the rainy season and could cause an increase in project cost due to extra protection measures necessary when rain is eminent. Bidding Process The Director of Engineering and General Services received and opened bids on Wednesday, December 19, 2007, at 2:00 p.m. The determination of the low bid was based on the total of the base bid amount. The City received bids from nine (9) contractors as follows (bids sorted by the base bid amount): 3-2 1/15/08, Item~ Page 3 of 4 CONTRACTOR BASE BID l. HTA Engineering & Construction, Inc. - Poway, CA $381,460.00 2. CDM Construction, Inc. - El Cajon, CA $439,564.00 3. MJC Construction - Bonita, CA $481,905.00 4. St. Thomas Enterprises, Inc. - Bonita, CA $544,000.00 . 5. L.B. Civil Construction, Inc. - San Diego, CA $562,988.00 6. Bonsall Construction Services - Vista, CA $578,194.80 7. 3D Enterprises of San Diego, CA $591,455.00 8. New Century Construction, Inc. of Lakeside, CA $595,040.00 9. Palm Engineering Construction Co., Inc. of San $676,445.00 Diego, CA After the bids were received and opened, the low bidder HTA Engineering & Construction, Inc. requested that their bid be removed from consideration via written communication. See Attachment 3. The second apparent lowest bid, by CDM Construction, Inc., is rejected due to the presence of mathematical errors in the bid proposal. CDM Construction, Inc. was provided an opportunity to contest the rejection of their bid at an administrative hearing. Staff recommends that the CDM Construction, Inc. bid be rejected for substantive errors. The City has consistently rejected bids with mathematical errors in the past and the rejection of this bid conforms with past practices. The third lowest base bid from MJC Construction, in the amount of $481,905.00 fully complied with all bid requirements and was below the Engineer's estimate of $656,575.00 by $174,670.00 or approximately 26%. Design staff has verified the references provided MJC Construction, and has found their work to be satisfactory. The Contractor's License Number for MJC Construction is clear and current. Therefore, staff recommends awarding the contract to MJC Construction, in the amount of $481,905.00. Disclosure Statement Attachment 4 is a copy of the Contractor's Disclosure Statement. Wage Statement This project is a prevailing wage contract. Bid documents included standard contract documents used for state prevailing wage jobs. 3-3 1/15/08, Item 3 Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the property which is the subject of this action. FISCAL IMPACT At this time, staff is recommending appropriating additional State Recreation grant funds from the available fund balance and transferring existing State Recreation Grant funds and Residential Construction Tax (RCT) funds from two existing projects, "Greg Rogers Park Restroom (PR295)" and "Bonita Long Canyon Park Exercise Site (PR300)". The tables below detail the funds required and the funds available for the project: FUNDS REQUIRED FOR CONSTRUCTION OF PHASE 2 A. Contract Amount $481,905 B. Contingencies (10%) $48,190 C. Staff Costs and Special Inspections $74,945 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $605,040 FUNDS AVAILABLE FOR CONSTRUCTION OF PHASE 2 A. Existing Funds, CIP PR295 $400,000 B. State Recreation Grant Funds - Available Fund Balance $140,874 C. Inter-project Transfer: PR295 (State Recreation Grant funds) $45,106 D. Inter-project Transfer: PR300 (RCT) $19,060 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $605,040 The new restroom will require regular maintenance from the Public Works Department and increased building maintenance and repair demands on the Engineering and General Services Department. These costs will not be significant on their own, however, due to reduced staffing levels, any added maintenance requirements will have some impact on these departments. ATTACHMENTS 1. Resolution No. 2007-090 2. Resolution No. 2007-144 3. HT A letter dated 12/20/07 4. Contractor's Disclosure Statement Prepared by: Greg Tscherch, Associate Civil Engineer, Engineering and General Services Department Revisions by: Gordon Day, Building Project Manager, Engineering and General Services Department M:\General Services\GS Administration\Council Agenda\PR295\PR295-Council Report Award Phase 2 FINAL-doc 3-4 ATTACHMENT RESOLUTION NO. 2007-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO DEVELOP AND IMPLEMENT CAPITAL IMPROVEMENTS TO ENHANCE PUBLIC HEALTH AND SAFETY AT LAUDERBACH NEIGHBORHOOD PARK, AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) "LAUDERBACH PARK IMPROVEMENTS (CIP NO. PR295)," AND APPROPRIATING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF $114,020 WHEREAS, Lauderbach Neighborhood Park was added to the City park system as part of the Montgomery annexation in 1985; and WHEREAS, the Boys and Girls Club of ChuIa Vista leases the recreation building located within the park and uses the field and tot lots for its members; and WHEREAS, Lauderbach Park is also the meeting place for an active senior citizen group that meets on a weekly basis; and WHEREAS, as in the case in many of our older City neighborhood parks, there is no public restroom; and WHEREAS, over the past several years, there have been growing community concerns regarding health and safety of the public at Lauderbach Park because of ongoing criminal activities; and WHEREAS, in response to the concerns here and at several other parks in Chula Vista, a collaborative cross-department team including the Police, Recreation, Public Works Operations, and General Services began meeting with representatives from local businesses and the Boys and Girls Club to develop strategies to improve the situation; and WHEREAS, the overall strategy includes creating safer, more attractive park amenities that will promote more family-oriented activity in the park and serve as deterrents to undesirable behavior; and WHEREAS, with the proposed park improvements, combined with enforcement strategies, the City aims to increase overall use ofLauderbach Park and its related facilities; and 3-5 Resolution No. 2007-090 Page 2 WHEREAS, there is an existing lease with the Boys and Girls Club for the Lauderbach Community Center, which runs to June 1,2018; and WHEREAS, the Parks and Recreation Commission unanimously endorsed this project on January 18,2007; and WHEREAS, the City Council Public Safety Subcommittee received a project presentation on January 17,2007, and in a meeting at the Boys and Girls Club on February 28, 2007, where the Subcommittee generally supported moving this project ahead; and WHEREAS, the $400,000 in funding for the proposed Capital Improvements will come from a previously allocated Per Capita State Recreation Grant and transfer from an existing project (G0188); and WHEREAS, the proposed Capital Improvements are as follows; Fencing and Signage ($35,000), Restroom ($165,000), Security Lighting ($50,000), Rubber Surface in Tot Areas ($100,000); and WHEREAS, the remaining $50,000 will be needed to cover staff time in developing the project and contingencies during construction; and WHEREAS, staff recommends amending the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295);" and WHEREAS, staff further recommends appropriating State Recreation Grant funds in the amount of$114,020 for this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby authorize staff to develop and implement capital improvements to enhance public health and safety at Lauderbach Neighborhood Park. BE IT FURTHER RESOLVED the City Council does hereby amend the Fiscal Year 2007 Capital Improvement Program establishing a new Capital Improvement Project (CIP) "Lauderbach Park Improvements (CIP No. PR295)," and appropriate State Recreation Grant funds in the amount of $1 14,020 for this project. Presented by a t / ~ / A/ /' ve yers Public Works Operations Director Approved as to form by ~k~~\~\\ Ann Moore ' City Attorney 3-6 Resolution No. 2007-090 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of April 2007 by the following vote: AYES: Councilmembers: Castaneda, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: ABSTAIN: CounciImembers: None Councilmembers: McCann ATTEST: -_ _ltJJ6 I--;=-=~ J "'~ Susan Bigelow, MMC, City Cl k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-090 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of April 2007. Executed this 17th day of April 2007. =- .:xJ I A ... t:- ~~ ~ Susan Bigelow, MMC, City C k 3-7 ATTACHMENT 2- RESOLUTION NO. 2007-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND A WARDING THE CONTRACT FOR PHASE 1 (AREA A FENCING) OF THE LAUDERBACH PARK IMPROVEMENT PROJECT (PR-295) TO ATLAS FENCING, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE THE CONTRACT WHEREAS On May 15,2007 the Director of General Services received informal bids for the Lauderbach Park fencing proj ect; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a' Class I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving negligible or no expansion of the site's existing use. Thus, no further environmental review is necessary; amd WHEREAS, The City invited three contractors to informally bid on the fencing improvements but only one contractor was responsive; and WHEREAS, The project was divided into two phases. Phase I was contemplated to be the fencing element of the project. Staff sought informal bids for the installation of the fencing contemplated by the proj ect. The fencing element of the project was broken into two distinct components. One portion known as "Area A Fencing" consists of erecting a 6' high fence with gates at the Oxford Street side of the Boys and Girls Club. "Area B Fencing" is at the rear of the Boys and Girls Club, the park play area will be enclosed with a 4' high fence with gates; and WHEREAS, On May 15,2007, the Director of Genera! Services received an informal bid for the "Lauderbach Park Fencing (pR-295)" project. The price for phase I in the bid proposal was $72,758.00. The price for the fencing work to Area A, the area in front of the Boys & Girls Club only, was $38,833.00; and WHEREAS, The bid by Atlas Fencing, $72,758.00, is above the Engineer's estimate because the level of custom fencing fabrication is much higher than was originally anticipated. Also, the amount of $72,758 exceeds the amount of a public works contract that can be awarded based on an informal bid. By bidding the project by component, the City can award one of the components by informal bid since the amount is below the $50,000 City Charter limit; and WHEREAS, staff recommends awarding the informal contract to Atlas Fencing in the amount of $38,833.00 and proposes authorizing the purchasing agent to execute the contract. 3-8 Resolution No. 2007-144 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and award the contract for Phase I (Fencing Area A) of the Lauderbach Park Improvement project (PR-295) to Atlas fencing and authorize the Purchasing Agent to execute the contract. Presented by Approved as to form by ~c",,~rn..~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 12th day of June 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None (1.0 CheryICOX~~ ATTEST: ~t..l,1 ,~ ~ Susan Bigelow, MMC, CI Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-144 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of June 2007. Executed this 12th day of June 2007. ::--~1 J.1 \ ;~~ ~ Susan Bigelow, MMC, City lerk ; , _._.__.__---.-J 3-9 !'.IT ACHMENT. 3 BTA ENGINEERING & CONSTRUCTION, INe. License No. 798372 12520 Kirkham Ct., Suite #8, Poway, CA 92()64 Tel: (858) 486.324() Fax: (858) 486-3285 December 20, 2007 City of O1ula Vista Director of Engineering & General Services 1800 Maxwell Rd, Chula Vista, CA Re: Lauderbach Park Improvements in the City of Chura Vista cap No. PR-295) Upon review of our bid for the subject project, we have discovered that we have regrettably made an inadvertent gross clerical error in that bid. Our breakdown estimate for Item No. 24, Re-establish Existing Landscape & Irrigation, was $105,000, but due to a clerical error, it was transposed as $5,000 in the final bid documents. Subsequently, our Grand Total for the subject bid was added erroneously and indicated as $381,460 instead of $481,460. We apologize for this error and hereby request your approval to allow us to withdraw our bid for the subject project. Please call me if you have any questions. Sincerely, ;::i:..:.- ,A';rk &V-- Tim Askar, President 3-10 ,d,TTACHMENT L City of Chula Vista Disclosure Statement -: Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. :.:rA\/iE"l2- :;)IHENF--z..-- 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. SAIJu::::p.. ;rl/o.1 ENE. -z.. 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. A)J A- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assi~ed to represent you before the City in this matter. ,TA V!t::~ S"tt11[;/VE7- 5. Has any person' associated with this contract p..ad any fmancial dealings with an official" ?f the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No X If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 15 M:\General Services\Design\PR295 Lauderbach Park\Contract Dacuments\PR295 Lauderbach Park Improvements Contractdoc 3-11 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No )(Yes _lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.' of the City of Chula Vista in the past twelve (12) months? ~ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No-X lfYes, which official'. and what was the nature of it ern provided? Date: PEe. f 9Z00i I ~~~~ ~e of Contractor/Applicant :iA. v' l F-- t<-- .;f' H eN E-z.... Print or type name of Contractor/Applicant . Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa board, commission, or committee of the City, employee, or staffmembers. 16 M:\General Services\Design\PR295 Lauderbach Park\Contract Documents\PR295 Lauderbach Park Improvements Contra.ctdoc 3-12 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE WITHDRAWAL OF THE LOW BID, REJECTING THE 2ND LOWEST BID AND APPROVING THE THIRD LOWEST BID AND AWARDING CONTRACT FOR PHASE 2 OF THE "LAUDERBACH PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (CIP NO. PR-295)" PROJECT TO MJC CONSTRUCTION, AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES FOR THE PROJECT, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFOR WHEREAS, on December 19, 2007, the Director of Engineering and General Services received sealed bids for the for the "Lauderbach Park Improvements in the City of Chu1a Vista, CA (CIP No. PR-295)"project; and WHEREAS, the City received bids from nine (9) contractors as follows: CONTRACTOR BID 1. HT A Engineering & Construction, Inc. - Poway, CA $381,460.00 2. CDM Construction, Inc. - El Cajon, CA $439,564.00 3. MJC Construction - Bonita, CA $481,905.00 4. St. Thomas Enterprises, Inc. - Bonita, CA $544,000.00 5. L.B. Civil Construction, Inc. - San Diego, CA $562,988.00 6. Bonsall Construction Services - Vista, CA $578,194.80 7. 3D Enterprises - San Diego, CA $591,455.00 8. New Century Construction, Inc. - Lakeside, CA $595,040.00 9. Palm Engineering Construction Co., Inc. - San Diego, CA $676,445.00 WHEREAS, after the bids were received and opened, the low bidder HT A Engineering & Construction, Inc. requested that their bid be removed from consideration via written communication; and WHEREAS, the second apparent lowest bid, by CDM Construction, Inc., is also rejected due to the presence of mathematical errors in the bid proposal; and WHEREAS, the City has consistently rejected bids with mathematical errors in the past and the rejection of this bid conforms with past practices; and WHEREAS, the third lowest base bid from MJC Construction, in the amount of $481,905.00 fully complied with all bid requirements and was below the Engineer's estimate of $656,575.00 by $174,670.00 or approximately 26%; and 3-13 WHEREAS, staff has verified the references provided MJC Construction and has found their work to be satisfactory and recommends awarding the contract to MJC Construction, in the amount of$481,905.00. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the withdrawal of the low bid, reject the 2nd lowest bid and approve the third lowest bid and award contract for Phase 2 of the "Lauderbach Park Improvements in the City of Chula Vista, CA (CIP No. PR-295)" project to MJC Construction, authorizing expenditure of the available contingencies for the project, and appropriate and transfer funds therefor. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~(oJ\~~ Ann Moore . City Attorney 3-14 CITY COUNCIL AGENDA STATEMENT , 1/15/08, Item 4 REVIEWED BY: RESOLUTION REJECTING THE LOW BID, ACCEPTING THE SECOND LOW BID AND. AWARDING CONTRACT FOR "GAYLE MCCANDLISS MEMORIAL PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-179)" PROJECT TO HTA ENGINEERING & CONSTRUCTION AND AUTHORIZING THE EXPENDITURE OF A V AILABLE CONTINGENCIES FOR THE PROJECT DIRECTOR OF ENGINEERING AND GENERAL SERVICES ~. CITY MANAGER ASSISTANT CIT ITEM TITLE: SUBMITTED BY: 4/5THS VOTE: YES 0 NO [g] BACKGROUND The Gayle McCandliss Memorial Park Improvements (PR-179) in the City of Chula Vista, CA are expected to begin in February 2008 with completion in April 2008. The project includes the installation of a new play area and picnic area with ADA accessible walks and ramps. It also includes site furnishing upgrades and improved security lighting as well as some minor irrigation and planting improvements. Gayle McCandliss Memorial Park, formerly known as Halecrest Park, is largely contained within land owned by Caltrans and is leased to the City of Chula Vista under the Porter Bill, requiring the land to be used for Park and Recreational purposes, for a period of 50 years. The City of Chula Vista entered this lease with Caltrans effective November 1, 1972 and made its original improvements to create a neighborhood park for the area's residents in 1973. The park site boasts a significant number of elevation changes, which allows for very picturesque viewing from downtown San Diego and the Pacific Ocean all the way to Mexico. Original improvements consisted of a play area with swings, a play structure and multiple spring toys as well as several picnic areas that take great advantage of the views from the site. In recent discussions the City has had with Caltrans, it is expected that the lease will be renewed for another 50 years once the current agreement expires on October 31, 2022. In 1995, additional improvements were made to rename the park and dedicate it to former Chula Vista Mayor, Gayle McCandliss. This included installation of a Memorial Plaza with a dedication plaque at the park's northeastern edge and a new monument sign placed along East J Street. 4-1 1/15/08, Item /.~ ~ Page 2 of 4 After many years of heavy use and the implementation of new legislation requiring compliance with the Americans with Disabilities Act (ADA), the City removed the park's original playground equipment in 2005 in the interest of public safety and security. Shortly thereafter, the City began coordinating new ADA compliant improvements to the park as a CIP, which is being funded through a State Recreation Grant, previously collected PAD fees and a contribution from Cricket Wireless, who recently installed a wireless telecommunication facility in the park. In addition, this resolution authorizes the expenditure of all available contingencies for the project. That amount totals $17,489.83. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works, City Council approval is required. However, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of $15,242.88, plus an increase of $2,246.95 and authorize staff to expend all available contingencies and increase the value of the contract as necessary due to unforeseen circumstances. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. Gayle McCandliss Memorial Park is located immediately south of an existing MSCP Preserve area. The proposed construction schedule for these improvements has been formulated to accommodate the improvements requiring the use of heavy machinery before the nesting season, which typically begins around mid-February. RECOMMENDATION Council adopt the resolution. DISCUSSION This proj ect differs from previous CIP Landscape proj ects the City has done in that all aspects of the plan preparation, including the site survey work, base plan preparation, civil engineering design and drawings and the landscape design and construction drawings for the new accessible play area and pedestrian access were done by City staff. Previous similar landscape/park improvement projects expended substantial portions of the budget on consultant fees. While staff costs were high on this project, there were no consultant fees. Although the improvements being proposed for the park are relatively small in square footage, there were numerous obstacles that the team faced with respect to complying with all applicable governing codes and regulations. Assuring compliance with those issues while still maintaining the basic goal of the project was a significant undertaking and involved a substantially increased coordination effort and far more extensive research than a project of this size would usually entail. Coordinating the proposed improvements with various entities at CalTrans was also a large part of the success of this project since the majority of the work being undertaken as part of these improvements is on property the City leases from CalTrans. 4-2 ,( 1/15/08, Item '-r - Page 3 of 4 Once construction is complete, the City will have provided a newly renovated playground, an additional picnic area and improved pedestrian access into the park to the neighborhood surrounding Gayle McCandliss Park with the anticipation that the City will pursue more in-house design-build CIP projects in the future. . Bidding Process Plans and specifications were prepared and the project was put out to public bid. The Director of Engineering and General Services received and opened bids on Tuesday, January 8, 2008, at 2:00 p.m. The determination of the low bid was based on the total of the base bid amount. The City received bids from ten (10) contractors as follows (bids sorted by the base bid amount): CONTRACTOR BASE BID I. GEM Industrial - Lakeside, CA $ 165,097.00 2. HT A Engineering & Construction, Poway, CA $ 174,898.30 3. Palm Engineering - San Diego, CA $ 181,825.00 4. 3D Enterprises - San Diego, CA $ 195,935.00 5. Landmark Site Construction - Perris, CA $ 224,564.00 6. Bonsall Construction -Vista, CA $ 236,901.30 7. Ramona Paving & Construction - Ramona, CA $ 241,384.00 8. Heffler Co., Inc. - National City, CA $ 245,516.63 9. CDM Construction, Inc., - El Cajon, CA $ 247,018.75 10. New Century Construction - Lakeside, CA $ 259,842.05 After the bids were received and opened, the low bidder, GEM Industrial, was found to have a mathematical error, which caused it to be rejected by staff. As required, the low bidder was afforded an administrative hearing as to the rejection of their bid. Staff believes that the error is substantive and recommends that it be rejected. Staff thoroughly reviewed the remaining bids and it was determined that the second low bidder, HTA Engineering & Construction in the amount of $174,898.30 fully complied with all bid requirements and was below the Engineer's estimate of $175,000.00 by $101.70. Design staff has verified the references provided by HT A Engineering & Construction, and has found their work to be satisfactory. The Contractor's License Number for HTA Engineering & Construction is clear and current. Therefore, staff recommends awarding the contract to HTA Engineering & Construction in the amount of$174,898.30. Disclosure Statement Attachment 1 is a copy of the contractor's Disclosure Statement. 4-3 I 1/15/08, Item-L Page 4 of 4 Wage Statement The source of funding for this project is through a State Recreation Grant, previously collected PAD fees and contributions from Cricket Wireless who recently installed a wireless telecommunication facility in Gayle McCandliss Park. TIlls project is a prevailing wages contract. Bid documents included standard contract documents for State prevailing wage jobs. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property, which is the subject of this action. FISCAL IMPACT Breakdown ofthe budget and cost is as follows: FUNDS REQUIRED FOR CONSTRUCTION OF IMPROVEMENTS A. Contract Amount $ 174,898.30 B. Contingencies (10%) $ 17,489.83 C. Playground Equipment (purchased by City) $ 25,286.00 D. Staff Costs and Special Inspections $ 152,339.87 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 370,014.00 FUNDS AVAILABLE FOR CONSTRUCTION OF IMPROVEMENTS A. Existing Funds, CIP PRI79 (PAD Fees) $25,000.00 B. State Recreation Grant Funds - Available Fund Balance $225,000.00 C. Cricket Wireless Telecommunications Facility $ 120,014.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 370,014.00 There should be minimal impact to the General Fund regarding the maintenance of the rehabilitated facilities and no additional appropriations to the project are necessary. ATTACHMENTS 1. Contractor's Disclosure Statement Prepared by: Mary Radley, Landscape Architect, Engineering & General Services Department Krista Burroughs, Landscape Planner II, Engineering & General Services Department M;\General Services\GS Administration\Council Agenda\PRI79\PR-t79 _ Al13 Award of contract (1-15-08).doc 4-4 ATTACHM!:NT ./ City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contnbutions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~T4 GJ";/.iJG"t;,1t.Jc[ ~ C"~t5tP.tJCiio...! IJe:, )/.4'r rl1 T:A-f,e:AA' 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Ii-4'rr.17 r.. ,4-fKA~ 3. If my p'erson' identified purs=t to (1) above is a non-profit organization or trust, list the names or any .person serving as director of the non-profit organization or as trustee or beneficiary or trustor'of the trust. "..lOAf t3 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. jf17--r;rl T. t4S"~-4~ 5. Has any person' associated with this contract had any finanoial dealings with an official" of!Pt' City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No.L. 19 } ) M:\General Services\Contracts\PR179\pr179_PREV WAGE_contract.doc 4-5 6. 7. * ** If Yes, briefly descnoe the nature of the financial interest the official** may have in this contract. II/A Have you made a contribution of more than $25Jl-within the past twelve (12) months to a current member of the Chula Vista City Council? No ~ Yes _ If yes, which Council member? Have you provided more than $340 (or an item of equivalent value) to an official** of the City ofChula Vista in the past twelve (12) months? 7inC]Udes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No . If Yes, which official** and what was the nature of item provided? Date: 1/ pi C? J" . , 47-~ 7~A\ke... Signature of Contractor/Applicant 1/4,,/7 r.. t4S"KAr(,p~$.f'/lJi><lr- Print or type name of Contractor/Applicant !fTA. cd fib1t:c:,f/N<r. tCO,</f7?I(./CT/D,J, '..JC Person is defined as: any individual, linn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 20 M:\General Services\Contracts\PR179\pr179]REV WAGE_contract. doc 4-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE LOW BID, ACCEPTING THE SECOND LOW BID AND AWARDING CONTRACT FOR THE "GAYLE McCANDLISS PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-179)" PROJECT TO HTA ENGINEERING & CONSTRUCTION AND AUTHORIZING THE EXPENDITURE OF AVAILABLE CONTINGENCIES FOR THE PROJECT WHEREAS, on January 8, 2008, the Director of Engineering and General Services received bids for the "Gayle McCandliss Memorial Park Improvements in the City of Chu1a Vista, California (PR-179) Project; and WHEREAS, the Gayle McCand1iss Memorial Park Improvements (PR-179) are expected to begin in February 2008 with completion in Apri12008. The project includes the installation of a new play area and picnic area with ADA accessible walks and ramps. It also includes site furnishing upgrades and improved security lighting as well as some minor irrigation and planting improvements; and WHEREAS, the City received bids from ten (10) contractors as follows: CONTRACTOR BASE BID 1. GEM Industrial - Lakeside, CA $ 165,097.00 2. HTA Engineering & Construction - Poway, CA $ 174,898.30 3. Palm Engineering - San Diego, CA $ 181,825.00 4. 3D Enterprises - San Diego, CA $ 195,935.00 5. Landmark Site Construction - Perris, CA $ 224,564.00 6. Bonsall Construction - Vista, CA $ 236,901.30 7. Ramona Paving & Construction - Ramona, CA $ 241,384.00 8. Heffler Co., Inc. - National City, CA $ 245,516.63 9. CDM Construction, Inc. - El Cajon, CA $ 247,018.75 10. New Century Construction - Lakeside, CA $ 259,842.05 WHEREAS, the apparent lowest bid by GEM Industrial, of $ 165,097.00, had a mathematical error, which caused it to be rejected by staff; and WHEREAS, after thoroughly reviewing the remaining bids, it was determined that the second lowest bidder, HTA Engineering & Construction in the amount of $174,898.30 fully complied with all bid requirements and was below the Engineer's estimate of $175,000.00 by $101.70; and WHEREAS, staff has reviewed this bid, verified contractor references, and recommends awarding the contract to HTA Engineering & Construction for $174,898.30. 4-7 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby reject the low bid, accept the second low bid. aud award contract for the "Gayle McCaudliss Memorial Park Improvements in the City of Chula Vista, California (PR- 179)" Project to HT A Engineering & Construction aud authorize the expenditure of available contingencies for the project. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~1{<rJ\~ Ann Moore City Attorney 4-8 CITY COUNCIL AGENDA STATEMENT ~f:.. CITY OF CHULA VISTA c:. 1/15/08, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR OTAY RECREATION CENTER EXPANSION IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. PR- 277), PROJECT TO RANDALL CONSTRUCTION IN THE AMOUNT OF $392,030 AND APPROPRIATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THEREFOR l\ lY\ GENERAL SERVICED J<J 7/ CITY MANAGER ASSISTANT CITY ITEM TITLE: 4/5THS VOTE: YES 0 NO [gJ BACKGROUND On January 2,2008 at 2:00 p.m., the Director of Engineering and General Services received five (5) sealed bids for the "Otay Recreation Center Expansion in the City of Chula Vista, California" (CIP No. PR-277)" project. Prior to this, on August 22, 2007, the City had advertised and opened bids on this project. Due to the contractors being non-responsive and with advice from the City Attorney's Office, staff rejected all previous bids and re-advertised the project for new bids. After re-advertising and conducting a pre-bid question and answer session, valid bid packages were submitted and staff recommends awarding the contract for "Otay Recreation Center Expansion in the City of Chula Vista, California (CIP No. PR-277)" project to Randall Construction Co. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of minor alterations to an existing public facility involving no expansion of the facility's current use. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 1/15/08 Item~ Page 2 of 3 DISCUSSION On Wednesday, August 22, 2007 at 2:00 p.m., the Director of Engineering and General Services received six (6) sealed bids for the "Otay Recreation Center Expansion (CIP No. PR-277)" project. Strict adherence to the contract administration guidelines established by the State of California and by the Federal Community Block Grant programs is required to avoid potential loss of future funding. Upon close examination of the bid documents from all bids received, and with advice from the City Attorney's Office, several errors by the contractors cause the received bids to be non-responsive. On November 13,2007, by Resolution 2007-266, Council rejected all six (6) bids and directed staff to re-advertise the project. Staff re-advertised the project and on December 12, 2007, a mandatory pre-bid meeting was held. Staff conducted a "question and answer" session with all interested prospective bidders to assist them in understanding the documents required for Community Block Grant projects. On January 2, 2008, the Director of Engineering and General Services received five (5) valid sealed bids for the "Otay Recreation Center Expansion in the City of Chula Vista, California (CIP No. PR-277)" project. The work consists of construction of an expansion to the existing facility of 1,376 sq. ft. to be used as a classroom for the community. Proiect Bid Results With the aid of architectural consultant, Davy Architecture, and the City of Chula Vista's Engineering and General Services Department, the plans, contract documents and technical specifications for the "Otay Recreation Center Expansion in the City of Chula Vista, California (CIP No. PR-277)" project were prepared and the project was re-advertised. Staff received and opened bids on Wednesday, January 2, 2008 at 2:00 p.m. The lowest responsive bidder for the project was the contractor who submitted all required documents detailed in the contract documents and who submitted the lowest base bid for the project construction. The following contractors met all the project requirements and submitted all required documents detailed in the contract documents. Bids from the five (5) contractors were received as follows (bids sorted by the base bid amount): CONTRACTOR BASE BID l. Randall Construction - San Diego, CA $392,030.00 2. Michael Minos Construction - San Diego, CA $399,000.00 3. Fordyce Construction - Santee, CA $406,596.00 4. DEZ Construction - El Cajon, CA $451,700.00 5. Structures West - Escondido, CA $457,000.00 The low bid from Randall Construction is comparable to the low bid of $391,754.00 that was rejected in November of 2007, a deviation of $276 or .07%. The original Architect's estimate for the project was $250,000, based upon the budget that was established in fiscal year 2005-06. City staff will incorporate the unit price bid results received into a database for future project cost estimates. 5-2 1/15/08 Item S Page 3 of 3 Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Wage Statement The work to be performed under this contract is a project assisted under Community Block Grant (CDBG) program providing direct Federal financial assistance from the Department of Housing and Urban Development (BUD) and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170 lu. Contractors are obligated to pay prevailing wages to persons employed by them for work under this contract. Federal prevailing wages are those determined by the U.S. Department of Labor. Wages must be paid weekly. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the General Fund. The funds for these improvements have been provided from the Southwest Town Center Redevelopment Fund, Community Block Grant, and State Recreation Grants. Upon completion of the project, the improvements will require only routine City building maintenance. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $392,030.00 B. Contingencies (approx. 15%) $58,804.00 C. Design & Survey Costs $76,360.00 D. Construction Inspection & Special Inspections Costs $80,406.00 TOTAL FUNDS REQillRED FOR CONSTRUCTION $607,600.00 PROJECT BUDGET FOR CONSTRUCTION A. State Recreation Grants $80,000.00 B. Community Block Grant (CDBG) $220,000.00 C. Additional CDBG funds from available fund balance $7,600.00 D. Redevelopment Funds $300,000.00 TOTAL BUDGET FOR CONSTRUCTION $607,600.00 ATTACHMENTS 1. Contractor's Disclosure Statement Prepared by: Don Brown, Sr. Project Supervisor, Engineering and General Sen;ices Department M:\General Services\GS Administration\Council Agenda\Otay Rec Center Expansion (PR277)\PR277 Re-advemsed.12192007 .mLdoc 5-3 ATTACHMENT / CITY OF CHULA V1STADISCLOS1JRE STATE:M:ENT , , Pursuantto Counci1Policy 101-01, prior to anyac:tion upon matterS that willrequi:re discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofCbula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that" is .thesubject of the application or the cOIIl:ract, e.g., Q;'I"!ler, applicant, contractor, subcontractor, material supplier. ~fA 2. If any person" identified pursuant to (1) aboye is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporationlpartnershi:p) entity. ;vIA- 3. If any person" identified pursuant to (1) aboye is a non-profit organization fIr trust, list the names of any person serving as director of the non-profit orgmrization or as trustee or beneficiary or trustor of the trust. NfA 4. Please identify every person, including any agents, employees, consultants, or independent con1ractars you haye assigned to represent you before the City in I:bis matter. tllA I 5. Has anyper:son" associated with I:bis contract.ha.d my ~qat9:~gS ~-~~l1i~alr of the City ofCbula VIsta as ItreLrtes to I:bis contractmthin thepast.12,l;t\\>Dith~? 'tea~fio~ ,;1/(4 .-.,':' 5-4 If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. AI/A 6. Have you made a contr;cuti~ of m= i:hllI! $2~ within the past twelve (1~) months to a =ent member of the Chula VISta CIty Council? No JL Yes:..... If yes, which Councll member? i1/(A 7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the City of ChuIa Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No.JL:. ' If Y esj;hiCh official" and what was the nature of item provided? ^';.4 Date: 12-/Cf-07 (2 Signature of ontractor/Applicant 'fpYlrlaLl Gv1Sf>r'I('-h~ (/11 C. Pnnt or type name of Con'(;fTJCJ~d.af/ " Person is defined as: any individual, firm, cO-Partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a "unit. - . "u. . , .. Official includes, but is not limited to: Mayor, COUIlcil member, Planning Commissioner, Member of a board, commission, or committee of the Qty, employee, or staff members. 5-5 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR OTAY RECREATION CENTER EXPANSION IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. PR-277) PROJECT TO RANDALL CONSTRUCTION CO. IN THE AMOUNT OF $392,030 AND APPROPRIAnNG COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THEREFOR WHEREAS, on Wednesday, August 22, 2007 at 2:00 p.m., the Director of Engineering and General Services received six (6) sealed bids; and WHEREAS, strict adherence to the contract administration guidelines established by the State of California and by the Federal Community Block Grant program is required to avoid potential loss of future funding; and WHEREAS, upon close examination of the bid documents from all bids received, and with advice from the City Attorney's Office, several errors by the contractors cause the received bids to be non-responsive; and WHEREAS, on November 13, 2007, by Resolution 2007-266, Council rejected all bids and directed staff to re-advertise the project; and WHEREAS, staff re-advertised the project and conducted a "question and answer" session for the prospective bidders to assist the bidders in understanding the documents required for Community Block Grant projects and better assure the City of Chula Vista receive responsive bids; and WHEREAS, the work consists of construction of an expansion to the existing facility of 1,376 sq. ft. to be used as a classroom for the community; and WHEREAS, on January 2, 2008 at 2:00 p.m., the Director of Engineering and General Services received five ()) sealed bids for follows: CONTRACTOR BASE BID 1. Randall Construction Co. - San Diego, CA $392,030.00 2. Michael Mihos Construction Co. - San Diego, CA $399,000.00 3. Fordyce Construction Co. - Santee, CA $406,596.00 4. DEZ Construction Co. - EI Cajon, CA $451,700.00 5. Structures West - Escondido ,CA $457,000.00 5-6 WHEREAS, staff has reviewed this bid, verified references on the contractor and recommends awarding the contract to Randall Construction for $392,030; and WHEREAS, there is no impact to the General Fund as the additional funding necessary to complete the project will be provided for from the Southwest Town Center Redevelopment Fund; Community Block Grant; and State Recreation Funds. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids and award contract for the "Otay Recreation Center Expansion in the City of Chula Vista, California (CIP No. PR-277)" project to Randall Construction in the amount of $392,030 and appropriate Community Development Block Grant (CDBG) Funds therefo r. Presented by Approved as to form by ~Oi\A~n Ann Moore City Attorney Jack Griffin Director General Services 5-7 CITY COUNCIL AGENDA STATEMENT 1/15/08, ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY OWNED LAND TO THE CITY OF SAN DIEGO FOR'THE OT A Y -SAN DIEGO PIPELINE DIRECTOR OF ENG AND GENERAL SERVICES6J.Y CITY MANAGER ASSISTANT CIT AGER "7 r SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO [gJ BACKGROUND As part of the City of San Diego's relocation of the Otay water pipeline, it was necessary to place a portion of the improvements within land owned in fee by the City of Chula Vista. The construction of this project has already been completed. The land is located along the southerly right-of-way of Telegraph Canyon Road west of Heritage Road. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 5 categorical exemption pursuant to Section 15305 [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution granting the easement to the City of San Diego and authorizing the Mayor to execute the Easement Deed. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In November 2000, the City of San Diego approved plans for the construction and relocation of the Otay Second pipeline. The area of construction is generally located on Telegraph Canyon Road, 6-1 1/15/08, Item~ Page 2 of2 1600' westerly from the intersection of Telegraph Canyon Road and Heritage Road. After construction, it was discovered that the new alignment of the pipeline crossed onto a parcel owned by the City of Chula Vista. This parcel was granted from the County of San Diego to the City of Chula Vista by a Quit Claim Deed dated June 15, 1992 as document number 1992-0371284. On September 5, 2007, Otay Project, L.P., on behalf of the City of San Diego, applied for a water easement from the City of Chula Vista to facilitate getting their waterline construction bonds released. While the City is under no obligation to grant this easement without compensation, staff has determined that the value of the easement is nominal and that the benefits of the upgrade outweigh any impacts caused by the facilities. Additionally, staff has determined that the proposed easement use is consistent with the permissible uses for this land. Staff therefore recommends that the easement be granted to the City of San Diego DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the City's General Fund as a result of this action. All costs associated with the processing of this easement will be borne by the developer through its established deposit account. ATTACHMENTS 1. Easement Deed 2. Exhibit "A" 3. Exhibit "B" Prepared by: Greg Hopkins, Land Development Surveyor, Engineering and General Services Department M:\EngineerIAGENDA\CAS2008\OJ-15-08\City olSan Diego Water Easement CAS.doc 6-2 ATTACHMENT I RECORDING REQUESTED BY: THE CITY OF SAN DIEGO ANa WHEN RECORDEO MAIL TO: CITY CLERK CITY OF SAN DIEGO MAlL STATION 2A Originating Dept - DSD/LDR - M.S. 501 (THIS SPACE FOR RECORDER'S USE ONL Y) GRANT DEED - WATER EASEMENT J.O. NO: 990360 PTS NO: 127429 ASSESSOR'S PARCEL NO: 641-071-36 DWG NO: 19332-8 (PARCEL E) NO FEE FOR GOVT. AGENCY GOVERNMENT CODE 27383 NO DOCUMENT TAX DUE R & TCODE 11922 Forvaluable consideration, receipt of which is hereby acknowledged, THE CITY OF CHULA VISTA HEREBY GRANT{S) to the City of San Diego, a municipal corporation, in the County of San Diego, State of California, a pennanent easement and a right-of- way for access to construct, reconstruct, maintain, operate and repair water facilities, including any or all appurtenances thereto, together with the right of ingress and egress, aver, under, along and across all that real property situated in the City of San Diego. County of San Diego, State of California, described as fallows: See exhibit "A" attached hereto and exhibit "B" attached for illustration purposes Reserving unto the Grantor herein, heirs and assigns the continued use of the above described parcel of land subject to the following conditions: The erecting of buildings, masonry walls, and other permanent structures; the planting of trees; the changing of the surface grade; and the installation of privately owned pipe lines shall be prollibited except by an Encroachment Maintenance and Removal Agreement issued by the City Engineer. Date: Grantor: THE CITY OF CHULA VISTA !k ( sionature! (type or print name) This is to certify that the interest in real property conveyed by this instrument to the City of San Diego, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of San Diego, pursuant to authority conferred by the Municipal Code, and the grantee consents to recordation thereof by its duly authorized officer. Date: For City Engineer By: NOTE: NOTARY ACKNOWLEDGMENTS FOR ALL SIGNATURES MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Printed on recycled paper. Visit our web site at WNW.sandieao.oov/develooment-services. Upon request, this infonnation is available in alternative formats far persons with disabilities. 6-3 ATTACHMENT Z- EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT PARCEL "E" A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF QUARTER SECTION 41 OF RANCHO DE LA NACION, ACCORDING TO MAP NO. 166, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 1, 1869, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE INTERSECTION OF TELEGRAPH CANYON ROAD AND PASEO RANCHERO AS SHOWN ON CHULA VISTA TRACT NO. 98-06 OTAY RANCH VILLAGE 1 WEST "A" MAP NO.1 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDDING TO MAP THEREOF NO. 14029, FILED IN THE OFFICE OF THE COUNTY RECORDER ON AUGUST 30, 2000; THENCE ALONG THE CENTERLINE OF SAID PASEO RANCHERO, SOUTH 22058'51" EAST, 259.75 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2000.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04010'51" A DISTANCE OF 145.94 FEET; THENCE RADIAL FROM SAID CURVE SOUTH 62050'18" WEST, 68.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO; THENCE LEAVING SAID WESTERLY LINE, NORTH 45024'11" WEST, 218.52 FEET; THENCE NORTH 68001 '28" WEST, 107.10 FEET; THENCE SOUTH 89028'32" WEST, 80.15 FEET; THENCE ALONG A LINE PARALLEL WITH AND 102.00 FEET SOUTHEASTERLY OF THE CENTERLINE OF SAID TELEGRAPH CANYON ROAD, SOUTH 66058'32" WEST, 829.18 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2102.00 FEET; THENCE SOUTHWESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID TELEGRAPH CANYON ROAD ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15037'20" A DISTANCE OF 573.13 FEET; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 82"35'52" WEST, 157.73 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF SAID MAP NO. 14029, SAID POINT ALSO BEING ON THE SOUTHEASTERLY BOUNDARY OF THAT PORTION OF TELEGRAPH PAGE 1 OF 2 :DS M:\0025\273\Legal Descriptions\A15.DOC WO 25-272 6/28/07 6-4 CANYON ROAD GRANTED TO THE CITY OF CHULA VISTA PER DEED RECORDED APRIL 18,1967 AS FILE NO. 53304 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID PARALLEL LINE, SOUTH 82035'52" WEST, 174.28 FEET TO THE POINT OF TERMINUS, SAID POINT ALSO BEING A POINT ON THE BOUNDARY OF SAID MAP NO. 14029 AND ALSO BEING A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PORTION OF TELEGRAPH CANYON ROAD GRANTED TO THE CITY OF CHULA VISTA. THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR EXTENDED SO AS TO TERMINATE EASTERLY IN A LINE THAT BEARS NORTH 72011'20" EAST THROUGH THE TRUE POINT OF BEGINNING AND WESTERLY IN THE BOUNDARY OF SAID OF SAID MAP NO. 14029. CONTAINING 0.121 ACRE MORE OR LESS. ~,~~~ ~-28-2oo7 DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :DS M:\0025\273\Legal Descliptions\A15.DOC WO 25-272 5/28/07 6-5 EXHIBIT "B" r ' -' '"";HMENT 3 o ANyON RD. 'tELEGRAPH C ~ f:j NOT TO SCALE I RAPH CANYON ROA~d~J8~DED PORTION or WEgHUL4 VISTA:~ 053304 OF oR. m "'" ~'n;"7 AS mE/PAG . <>\\ ~ APRIL 1 . -01'>' . SEE DETAIL ''8'' /" .. .. ~Gt'~ I'>~ w '~ pps,ctL f ,,~\.o~ ;<<.0 ~ "/- i!: ,.P.O'S' p,RCtL .~t:Ac~~~_ . SEE DETAIL 'fI" ,pas. .----- p',~ ~-~- " ^ -.~..--- ::::;-~- 'v' p,RetL n '~l'- \1'~~~_d:::...&..-r.51" v'\ P.OL~N 82"3--=6'20"E 6703,18/ ..... -: - \2:.z=?"'5~j7 20102.0 \.. ___ 4712 _ - b",l R"'Z 198.95' -+ - .aT -..... PARCEL "0" 141 78 -----76.~40.E: 1.354 ACRES o :3)4935' 20' .r-tt11 Z N8Z'J5'52't: 782 PARCEL" ME" '-~" ~.'21 ACRE '-..:: PARCEL "F" .341 A R DETAIL ''8'' ~ t;; w J: <n -\ \.>0'\ z" "> 'On" ......0_ \ .:>::1.... .-"'\. ~zo ( '9J~ .. ~~ 0... ~"I :$ ~ ~r "- M LOT 6 NyON RD. 'tELEGRAPH CA p.O.T. CHULA VISTA TRACT NO. 98-06 OTAY RANCH VILLAGE 1 WEST "A" MAP NO. 1 MAP NO. 14029 0; o o N 11 NUMBER DELTA CT 09'15'00" RADIUS LENGTH 90.00 /4.53 = NUMBER L1 L2 LJ BU1R1NG N 6rJ4'4J''W N 5f'J4'4J"W N 61"J4'4J"W DISTANCE 45.25' 36.71' 9.54' w ~ <( u <n R=\OlJ4\&:MAP\OlJ4Y007 - w.o. 25-27:3 - -- ,- - N I 200 400 600 , N DETAIL 'fI" NOT TO SCALE 200 0 SCALE ,. ,200' WATER EASEMENT c:: IN PARCELS 1 AND 9 OF PARCEL MAP NO. 18396, AND A PORTION OF QUARTER SECTION 41 OF RANCHO DE LA NACI0N, ACCORDING TO MAP TIlEREOF NO. 166 OESCRIPTIOO ~ N'PRO'IEC IlATE FIUED CITY OF SAN DIEGO, CALIFORNIA ORIGINAL SHEET 7 Of" 7 SHEETS w.o. ,.,. 990360 F"QR CITY ENGINEER om 1811 6330 NAD a:3 COORDINATES 171-1771 LAM8ERTCOORDINATES '"'''' 19332-7-8 6-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT FOR WATER FACILITIES OVER CITY OWNED LAND TO THE CITY OF SAN DIEGO FOR THE OTAY-SAN DIEGO PIPELINE. WHEREAS, the City of Chula Vista (City) is the fee owner of that certain real property situated in the City of Chula Vista, County of San Diego, State of California, identified as San Diego County Assessors Parcel No. 641-071-36-00; and WHEREAS, the City of San Diego has constmcted the Otay - San Diego Pipeline; and WHEREAS, that Pipeline crosses a portion of Parcel No. 641-071-36-00; and WHEREAS, Otay Project, L.P. has requested an easement on behalf of the City of San Diego. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ChuIa Vista that it authorizes the Mayor to execute an easement deed granting an easement for water facilities over City owned land to the City of San Diego for the Otay - San Diego Pipeline. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services 4J -1 0. ~e-~ &r ~ ~ j.rv Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2008\Q 1-15-08\City of San Diego Water easement revised by ec,doc 6-7 CITY COUNCIL AGENDA STATEMENT ~, 1/15/08, Item -r- ITEM TITLE: RESOLUTION ORDERING THE SUMMARY VACATION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY DIRECTOR OF ENGINEERING, GENERAL SERVICESG~ CITY MANAGER ASSISTANT CIT SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO ~ BACKGROUND NNP- Trimark San Miguel Ranch, LLC has made a request to vacate a portion of a slope and drainage easement located within Lot 10 of Map 142611ying northeasterly of the intersection of Mount Miguel Road and Proctor Valley Road within the San Miguel Ranch development. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 5 categorical exemption pursuant to Section 15305 [Minor Alterations in Land Use Limitations] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On October 31, 2007, NNP-Trimark San Miguel Ranch, LLC, owners of Lot 10 of Map No. 14261, submitted an application to the City to vacate a portion of a slope and drainage easement granted on January 11, 1991 as document 1991-0015563. These easements were originally granted to the County of San Diego to facilitate the grading and construction of original 7-1 1/15/08, Item ':::}- Page 2 of2 alignment of Mount Miguel Road. This area was annexed into the City of Chula Vista as part of the San Miguel Ranch Reorganization on December 22, 2000. On August 21, 2001, the area including the subject easements was re-mapped by the San Miguel Ranch Phases 1,2, & 4 "A" Map No. 14261. The development associated with this map included the grading of all the surrounding areas along and around Mount Miguel Road, which altered the existing topography. This caused a change in the shape and location of the slope, which in turn altered the drainage as it pertained to the subj ect lot. In September of 2002, an easement agreement was entered into between the owners of Lot 10 and the San Miguel Ranch Master Association, which provided that the responsibility for maintaining the slope and drainage areas within Lot 10 reside with the Association, making the need for public easements in this area no longer necessary. The drainage facilities that exist within the site are entirely private, and there is no public drainage facilities located within the easement area to be vacated. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no impact to the City's General Fund as a result of this action. All costs associated with the processing of this easement vacation will be borne by the developer through its established deposit account. ATTACHMENTS 1. Exhibit "A" Prepared by: Gregory Hopkins, Land Development Surveyor, Engineering, and General Services Department M:\EngineerIAGENDAICAS2008\01-15-08\San Miguel Ranch Slope and Drainage easement vacation CAS-doc 7-2 t,TI ACHMENT I EXHIBIT uA" EASEMENT VACATION PLAT SHEET 1 OF 1 SHEETS MAp NO" j~P~7 _.0_ ~I o P::: ,..;l l'<:j ::; c.!:l -I ~ LOT jO ~ ~ J\JiAP j\)g j29j7 Cf-iULA ViSTA TRAcT NO" 99-04 SAN iViiGUEL RANCH Pf-iASES t 2" Ii .4 hA H MAP No" j MAp NO" 142M ---- LOT jj 200 400 600 I SCALE 1"=200' . LEGEND: HUNSAKER & ASSOCIA TIS PORTION OF EASEMENT FOR SLOPE RIGHTS AND 177"1771 DRA/NAGE PURPOSES PER DOCUMENT RECORDED lLL.!L.J JANUARY II, 1991 AS FILE NO. 1991-0015563 OF OR. - TO BE SUMMARILY VACAlED S ^ N DIe G 0. I H Co PlANNING IJlO7 Waples SInlet ENGlNEBllNC San Diego, u. 91121 SlJRVEYlNG PH(IISB)S58-oGOO. FX{8S3).sSII-i414 R:\0249\LOr 10 SLOPf tsMT VAC fX.dwg[)Ck:l-f6-2007:17:00 - W.O. 2091-8 7-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY V ACA TION OF ALL OF THE AREA OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES LOCATED WITHIN LOT 10 OF MAP NO. 14261 OF SAN MIGUEL RANCH THAT WAS GRANTED PURSUANT TO THE GRANT OF EASEMENT FOR COUNTY HIGHWAY WHEREAS, San Miguel Partners granted to the County of San Diego an Easement for County Highway, per Document 1991-0015563 recorded January 11, 1991, to facilitate the grading and construction of Mount Miguel Road; and WHEREAS, the Easement for County Highway included the privilege and right to extend drainage structures and embankment slopes beyond the limits of the right-of-way described in the Easement for County Highway (Easement for Slope Rights and Drainage Purposes); and WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes was annexed by the City of Chula Vista as part of the San Miguel Ranch Reorganization on December 22, 2000; and WHEREAS, an area including the Easement for Slope Rights and Drainage Purposes has been re-mapped by the San Miguel Ranch Phases 1,2, & 4 "A" Map No. 14261 on August 21, 2001; and WHEREAS, the development associated with this Map included the grading of the area along and around Mount Miguel Road, including the area of the Easement for Slope Rights and Drainage Purposes, which altered the topography and caused a change in the shape and location of the slope and altered the drainage; and WHEREAS, because of the change in the slope and alteration of the drainage on the parcel, the Easement for Slope Rights and Drainage Purposes is no longer needed for public use; and WHEREAS, there are no public drainage facilities located within the Easement for Slope Rights and Drainage Purposes; and WHEREAS, maintenance responsibility for the area covered by the Easement for Slope Rights and Drainage Purposes is the responsibility of the Homeowners Association of Lot 10 of Map No. 14261, pursuant to the Deed of Master Association Property Easements and Easement Agreement recorded on September 13, 2002; and WHEREAS, pursuant to California Streets and Highways Code Section 8333 (a), the legislative body of a local agency may summarily vacate a public service easement if the 7-4 Resolution No. Page 2 easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. 2. 3. Presented by That, after considering the evidence submitted, it finds that the Easement for Slope Rights and Drainage Purposes located within Lot 10 of Map No. 14261 has not been used for the purpose for which it was acquired for five consecutive years and that there are no in-place public utility facilities that are in LIse and would be affected by the vacation. That it orders the summary vacation of the Easement for Slope Rights and Drainage Purposes located within Lot 10 of Map No, 14261 within a portion of San Miguel Ranch, described and depicted in the attached Exhibit "A". That it directs the City Clerk to cause a certified copy of this Resolution of Vacation, attested by the Clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder. Upon such recordation, the vacation shall be complete. Approved as to form by Jack Griffin Director of Engineering and General Services ~~~-~~~ Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2008\OI.15-08\San Miguel Ranch Slope and Drainage easement vae revised by ec.doc 7-5 EXHIBIT "A" LEGAL DESCRIPTION BEING ALL OF THAT EASEMENT FOR SLOPE RIGHTS AND DRAINAGE PURPOSES PER DOCUMENT NO. 1991-0015563 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 11,1991 LYING WITHIN LOT 10 OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASES. 1 , 2, & 4 "A" MAP NO.1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14261 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON AUGUST 21, 2001. A-o<;/#a/L /0~h,07 DAVID w. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE1t"<9F 1 -"Ill 1I.J1-\,nQ1\l1nA\I ......". n"",::,..rintil'"lI'1",\A?7 Mt Minl1~1 Rrl iO'.c::mt 1/~"'o:Itinn rln.... EXHIBIT "A" EASEMENT VACATION PLAT SHEET 1 OF 1 SHEETS MAp No~ 1?P?7 ~a~ ~I o ~ .....:l ~ ~ d -I ~ LOi 10 - -- ~ /I/IAP NO~ 1?917 CJ-JULA VJSTA iFU\ Ci No~ 99-04 SAN MJGJUPL FUINcJ-J PI/I\ r'rr' 1 ? <? /I "1\" J\I/jl\p rJr OCi:J :I........'" (..\ -j' r Y.J.T MAp J\jO~ 14281 NO~ 1 LOi 11 o 200 400 600 ~ I I SCALE 1"= 200' II LEGEND: HUNSAKER & ASSOCIATES PORTION OF EASEMENT FOR SLOPE RIGHTS AND I7TI77I DRAINAGE PURPOSES PER DOCUMENT RECORDED lLLLL.:I JANUARY II, 1991 AS FILE NO. 1991-0015563 OF OR. - TO BE SUMMARILY VACATED SAN DIECO. INC. PLANNING 97TJ1 Waples Street ENGINEERING San Diego, Ca 92'121 SURVEYING PH(8Sa)551l-4500. FX(S58lssa.1414 7-7 Goggle measurements: nearest house 350', CVESD pre-K 1,200' 1, Albany Headstart 1,228' 2, Otay Elem. 1,338' 3, Otay Rec. 1,164' RC, Montgomery Headstart 2,640' 4, Montgomery Elementary 3,022' 5, Otay Community Health Clinic 2,386' , Montgomery High School 2,008' 6, closest San Diego house 1,638', Finney elem. 3,361' 7, Loma Verde Elem. 4,067' 8, Loma Verde pool and Rec Center RC, Otay Apostolic church and elem. school 2,074' 9, just inside of a mile: MAAC Charter School 10, MAAC Headstart 11, Castle Park Middle 12, Castle Park High 13, Montgomery Middle 14, Silverwing Elementary 15, Montgomery Elementary Headstart 16, South Chula Vista Library L I! ~ i ~ I~ g ~ M - ! ~ s = I ! ! I! 8 8 8 8 ~ ~ l;j N - i g - - ~ ~ '0 Is ~ e I I! ~ i ... ... ... N 0 = .0 N N N - :I - e i :e ~ ! II II:! .. i e ll. ... 0 <10 '" :g - 0 .... - I! <10 U!. M M en N - = N j ! Is I ....<10 en <10 ~ 00 cq ~ ~ ..- - - .. - .. ~ Ig 'I. 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(I ''--r-l''-r™'r- r'T-- I I Ii. I I I i I I I I I I I I i I ... :J o ..c ...- >< a:I ~ () ~ ~ ~ .e 'E .. '0 C ~ ~ ::J o :I: ~ e", '" . a:S! u.o.. I I I ~.ll j. 1...LJ..J...l.J.~.l..1..I.~1 ,i_u..J...~..i..i....lj <OVC\lOOO<OVC\lO vvvV('I")('I")('I")('I")('I") tw/6n U! S'~lI\Id Area Within Aqueous Ammonia Risk Zone .,; ~ i _,... o 0.03106 Miles I I III Key to Land Use Near MMC Peaker "IE';'~'''''';'''''I' /' . '''','w;; Commercial ",fA .~,'m" _ Industrial Residential 11056 feet from MMC Property Line Centroid of MMC Parcel t 1056 feet from MMC Center point I I . 1. Environ.mental Health Coalition ..0"1 t.lilf' ot c,us ~V;JV, Suitl' .'10. NdtiOlldl City.. fA Q'.l9JA). (619) <.l/, 0.->;>0 -lAX' (619) /i?/' 'L>IO ch. (i,)cnvil omlll~n'.dll('aIU I IHq . ',', '.\"N _~,~ll\ II OIIlIlCIILlIIH",II!l1. 0' q MMC Talkin!! Points Fact Sheet Poor Location . The new power plant, like the one it is replacing, remains in a very poor location. Roughly 1300 ft. from an elementary school and only 350 ft. from the nearest residential neighborhood. . General plan policy E 6.4 expressly directs the city to "avoid siting new or re- powered energy facilities and other major toxic emitters within 1,000 ft. of a sensitive receptor . The creation of a new facility on a previously empty portion of a lot with a 122% increase in capacity is basically a new power plant that is using a "limited amount" of recycled equipment. . Another general plan policy violated by the siting of this proposed plant is E 6.15 "site industries in a way that minimizes the potential impacts of poor air quality on homes, schools, hospitals, and other land uses where people congregate." . The immediate area (within 1 mile of the proposed power plant) is made up ofan environmental justice community (81 % of residents are people of color and 16% are below the federal poverty level). Inappropriate Land Use . The site and adjacent parcels are both considered "limited industrial." Power plants are not included on the list of permitted or conditional uses for this designation. . CEC staff refers to the proposed power plant as an example of heavy industrial use which is not permitted under the current limited industrial designation. Air Quality . According to the AFC, the potential of PM emissions is higher and the source is closer to sensitive uses. Again, it is the location of the project that is a significant obstacle. . There is insufficient information about the cumulative impacts to the surrounding community. The proposed new power plant, with the increase in the hours that it will run, will likely add more pollutants to the area. . MMC has not given the public a good idea of how many hours we are likely to see from the new power plant. The proposed plant will have a technical capacity of 4500 hours. . The AFC compared the emissions of the old plant with emissions of the proposed plant but for only 200 hours of operation. Though the old plant did run for 200 hours, the new plant will not run for such a small amount. . In a comparison of emissions between 200 hours from the old power plant and more accurate hours of operation for the proposed plant- 500 and 4500, the proposed plant releases more emissions for each contaminant listed except for CO under the 500 hour analysis and for all contaminants under the 4500 hour analysis. (See related chart) ~ · The hourly emission rates are higher for SOx, VOC, and PMI 0/PM2.5 for the proposed plant, as compared to the existing plant. (see related chart) · The 24-hour particulate levels in Chula Vista are already over the federal standard and the proposed peaker will make it worse. (see related graph) Renewable Energy · The MMC peaker expansion does nothing to create a more sustainable energy future and curb greenhouse gas emissions in that is does not include any commitments to implement renewable energy or finance energy efficiency to offset future need of this gas-fired plant. · EHC's position is that all new gas-fired projects must, as part of their proposal, incorporate other energy sources in compliance with the Preferred Loading order. · It is incumbent on new power projects to reflect what the region needs with respect to energy generation in the region- clean, sustainable, and renewable. The proposed MMC plant contains none ofthese. · There is no evidence that this new power plant will remove or contribute to removal ofthe Reliability Must Run designation from the South Bay Power Plant. Cooling/Water Use · In a region suffering from drought conditions and the need to tightly conserve our water resources, it not reasonable for MMC to propose a power plant that could use up to 28 million gallons per year of water. · MMC's own estimate is that the plant would use a minimum 4.2 million gallons per year on process and cooling water. This is a tremendous amount of water to use on a peaker plant. Use of Ammonia · Any air quality information must also include the likely emissions from the ammonia trucks that will be coming down a highly congested Main St. to fill up the 12,000 gallon ammonia tank once every two or three weeks, according to the APC. · Based on the worst-case scenario done for the Larkspur peaker plant in Otay Mesa (the release of the entire contents ofa 10,000 gallon above-ground storage tank of aqueous ammonia), the radius of an area that would be exposed to ammonia beyond what is considered extremely toxic under federal law is over 1,000 feet. · Based on the more probable accident of a hose leaking while re-filling the tank, according to models run for Larkspur, the hazard zone would still be over 1,000 ft. · APC states "Although a potentially promising technology, SCONOx has not been commercially demonstrated on a large power plant." Either the new power plant is a large plant that should be viewed as such in regard to land use and siting, or it is a small plant and thus a more detailed evaluation of the SCONOx alternative be presented. Possibility of Expansion · The old portion of the plant will be removed, leaving the southern portion of the lot with what MMC described as, "a shed for storage. Easily this structure could be removed (or not built in the first place), leaving room for another possible expansIOn. . A dangerous new precedent could be created if the proposed plant is certified. If the City and CEC allow a 100 MW power plant in an area set aside for limited industrial, it would be difficult to limit future expansions. Alternatives . The Alternatives section of the APC is incomplete and must include a more detailed analysis of why some of the alternatives were ruled out. o First, in regard to the alternative locations, none of the assessments of the alternative locations discussed proximity to communities and schools. o Closed sections of the landfill and site in the eastern areas should have been, but were not, analyzed. o There should be an analysis of alternative methods of cooling, which was not presented in the AFC. ITEM TITLE: CITY COUNCIL AGENDA STATEMENT ~\'f::. CITY OF '~CHULA VISTA January 15, 2008, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL; PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE VERIFICATION OF SIGNATURES FOR CERTIFICATION OF A PETITION FOR A CHARTER AMENDMENT AND FOR ITS PLACEMENT ON THE BALLOT FOR THE CONSOLIDATED GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 2008 (4/5THS VOTE REQUIRED) SUBMITTED BY: Donna Norris, Interim City Clerk U SUMMARY This item orders and gives notice of a General Municipal Election to be held on June 3, 2008, for the election of two members of the City Council to fill Seats 3 and 4 for the full term of four years, commencing December 2008, and places a citizen-initiated Charter amendment on the ballot. This item also consolidates the election with the Statewide Direct Primary Election to be held on the same date and authorizes the City Clerk and the Registrar of Voters to take all necessary actions to conduct the election. 8-1 JANUARY IS, 2008, ItemL Page 2 of3 This item also appropriates funds for the verification of signatures for certification of the petition for a Charter amendment for the ballot, and for the placement of the Charter amendment measure on the ballot for the consolidated General Municipal Election. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity of calling and giving notice of a general municipal election for electing two members of the city council is not a "Project" as defmed under Section IS378 of the State CEQA Guidelines because it will not result in a physical change to the environment; further that the activity of placing a petition for a charter amendment on the ballot to be considered by the electorate at that election is not a "Project" as defined under Section IS378(b)(3) of the State CEQA Guidelines because it is the submittal of a proposal to a vote of the people that is not City sponsored; therefore, pursuant to Section IS060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Pursuant to Section 900 of the Chula Vista Charter, "General municipal elections for the election of Mayor and Councilmembers and for such purposes as the City Council may describe shall be held in the City of Chula Vista on the same date in each election year as the California State primary elections," a General Municipal Election will be held on June 3, 2008 for the purpose of electing two Council Members to fill Seats 3 and 4 for the full term of four years, commencing December 2008. In accordance with Elections Code Section 10220, the nomination period for candidates will commence at 8:00 a.m. on February 11,2008 and terminate at S:OO p.m. on March 7, 2008. Pursuant to California Elections Code section 10418, an election held on the same date as a statewide election may be consolidated with such statewide election. This item also authorizes the Registrar of Voters to canvass the votes for such election and authorizes the City Clerk and the Registrar of Voters to take all necessary action to conduct the election. This item also places on the ballot for the General Municipal Election a Charter amendment petition entitled, "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer," which was filed with the City Clerk's office on December 3, 2007 (Exhibit "A" to the election resolution). The petition was forwarded to the San Diego County Registrar of Voters, and the petition signatures were validated up to the required number of 13,669 signatures (fifteen percent of the voters of the City). The certification by the Registrar of Voters (attached to the petition) was received January 7, 2008, and the proponents of the measure were notified. Elections Code Sections 9266 and 9114 require the City Clerk to certify the results of the examination to the City Council at its next regular meeting. 8-2 JAJfUPJRYI5,2008,hem~ Page 3 of3 Elections Code Section 9255(a)(3) requires the City Council to submit to the voters a Charter amendment proposed by a petition signed by fifteen percent of the registered voters of the City. Elections Code sections 9255(a) and 1415 allow a Charter amendment to be submitted to the voters" at either: (1) a special election called for that purpose, (2) at any established municipal election date, or (3) at any established election date pursuant to Elections Code Section 1000, provided there are at least 88 days before the election. The next established municipal election will be the General Municipal Election on June 3, 2008, pursuant to Chula Vista Charter Section 900. The next election dates established by Elections Code Section 1000 are Tuesday, February 5, 2008; April 8, 2008, and June 3, 2008. Because the February and April dates fall within the 88-day provision, there is not sufficient time to call an election for the purpose of submitting this measure to the voters on either of those dates. The City is not required to place the measure on the ballot for the next available election and can place the measure on a later ballot as long as it is at least 88 days after the date such election is called. It is recommended that the Council direct the City Clerk to place this measure on the June 3, 2008 ballot. Pursuant to Elections Code Section 9282, the proponents may file a written argument in favor of the measure, and the legislative body may submit an argument against it. Arguments may not exceed 300 words in length. Arguments must be accompanied by the printed name(s) and signature(s) of the author(s), or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures may appear with any argument submitted. Arguments in favor or against this measure will be due to the City Clerk by March 19,2008. Because the proposed Charter amendment measure would affect the office of the City Attorney, the resolution instructs the City Clerk to cause the preparation of the impartial analysis. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the 500-foot rule found in California Code of Regulations Section 1 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The City Clerk has budgeted $120,000 for the June 3, 2008 election, it is anticipated that this amount will be sufficient to cover the cost for the election of two Councilmembers. The City Council is required to pay costs of verifying signatures on a petition for a Charter amendment. The cost to verify the signatures is estimated to be $20,000. The Registrar of Voters' staff has estimated the cost to place a measure on the June 3, 2008 ballot to be $54,000. h is therefore requested that an appropriation of $74,000 be made to the City Clerk's Election Supplies and Services budget for the unanticipated expenses related to the petition. ATTACHMENTS 1. Proposed election resolution and Exhibit "A" thereto (Proposed Charter Amendment measure and Certification) 2. Proposed resolution appropriating funds for certification of signatures and placement of petition for Charter amendment on the ballot Prepared by: Donna Norris, Interim City Clerk 8-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2008, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL; PLACING A CITIZEN-INITIATED CHARTER AMENDMENT ON THE BALLOT TO BE CONSIDERED BY THE ELECTORATE AT THAT ELECTION; CONSOLIDATING SUCH ELECTION WITH THE STATEWIDE ELECTION; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT SUCH ELECTION; AND AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR SUCH ELECTION WHEREAS, in accordance with the provisions of the ChuIa Vista Charter and State law, a General Municipal Election shall be held on June 3, 2008 for the purpose of electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term offour years, commencing in December 2008; and WHEREAS, a petition entitled, "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer" was filed with the City Clerk's office on December 3, 2007; and WHEREAS, pursuant to California Elections Code Section 9255(a)(3), the required number of signatures to submit this measure to the voters was 13,669, which was fifteen percent of the 91,122 voters in the City of Chula Vista as officially reported by the County Registrar of Voters to the Secretary of State on February 20, 2007; and WHEREAS, the City of Chula Vista has received a certificate from the County of San Diego Registrar of Voters, attached to the proposed Charter amendment presented herewith as Exhibit "A" hereto, certifying the results of the Registrar's examination of the number of signatures and verification of the signatures affixed to the petition; and WHEREAS, the certification shows that the petition contained not less than 13,669 valid signatures; and WHEREAS, California Elections Code sections 9255(a) and 1415 require an petition for a charter amendment that has been signed by no less than fifteen percent (15%) of the registered voters of the City to be submitted to the voters at either the next regular general municipal election occurring not less than 88 days after the date of the order of election, or at a special election called for that purpose, or on any established election date occurring not less than 88 days after the date of the order of election; and WHEREAS, it is desirable that the Charter amendment measure be presented for the consideration of the voters at the June 3, 2008 General Municipal Election, which date is not less than 88 days after the date of adoption of this resolution; and 8-4 WHEREAS, it is required by the Chula Vista City Charter that the General Municipal Election be consolidated with the Statewide Direct Primary Election to be held on the same date, as authorized by Califomia Elections Code section 10418; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, it is desirable that the County of San Diego Registrar of Voters conduct the election and canvass the returns of said General Municipal Election, and that the City Clerk be authorized to carry out all other necessary procedures for such election; and WHEREAS, sufficient funding is anticipated to be allocated as a separate action for the payment of costs relating to the certification of the signatures on the petition and the placement of the measure on the ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION I. All of the foregoing recitals are true and correct. SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Vista, California, on Tuesday, June 3, 2008, a regular municipal election of the qualified electors of said City for the purpose of electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term of four years, commencing December 2008. The exact form of the offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election of one (I) Member of the City Council to fill Seat 3 for the full term of four years, commencing December 2008. The election of one (I) Member of the City Council to fill Seat 4 for the full term of four years, commencing December 2008. SECTION 3. The City Council, pursuant to its right and authority as established in California Elections Code sections 9255(a)(3) and 1415, does hereby order submitted to the voters at the election specified above the following question: 8-5 Measure _: A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer, Sufficiently Independent of the Council and Other City Officials Shall the Charter of the City ofChula Vista be amended to make the YES City Attorney an elected City Officer, sufficiently independent of the Council and other City officials? NO SECTION 4. Should said question be approved by the requisite vote, the measure attached hereto as Exhibit "A" and incorporated by this reference shall be enacted. SECTION 5. The City Council hereby acknowledges its authority pursuant to California Elections Code section 9282 to submit a written argument not to exceed 300 words against the proposed measure and that of the proponents of the measure to file a written argument not to exceed 300 words in favor of the proposed measure. Each argument must be submitted to the City Clerk, and may be changed until and including the date fixed by the City Clerk for submission of the arguments, after which no arguments for or against the proposed measure may be submitted to the City Clerk. Printed copies of each properly authorized and filed argument shall be enclosed with each sample ballot in accordance with California Elections Code section 9282. SECTION 6. Because the proposed measure affects the organization of the office of the City Attorney, the City Clerk shall cause the preparation of an impartial analysis of the measure, which shall be filed by the date set by the City Clerk for the filing of arguments. SECTION 7. The General Municipal Election for the purposes of electing two (2) Members of the City Council and submitting the proposed measure on the amendment of the Chula Vista Charter shall be consolidated with the Statewide Direct Primary Election held on the same day in accordance with California Elections Code section 10401. SECTION 8. Pursuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 9. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a) the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby. 8-6 SECTION 10. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 11. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 12. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election. SECTION 13. The polls of said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from that time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 14. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION IS. In all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in this City. SECTION 16. Notice of the time and place of holding this election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 17. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by: Approved as to form by: ;h Shawn Hagerty Brooke Miller Special Counsel DonnaR-Norris Interim City Clerk 8-7 EXHIBIT A DEBORAH SEILER Registrar of Voters OJOUttt~ of ~att ;!Eli~go REGISTRAR OF VOTERS 5201 Ruffin Road, Suite I, San Diego, California 92123-1693 Office: Fax: TOO: Toll Free: (858) 665-5800 (858) 694-2955 (858) 694-3441 (800) 696-0136 MICHAEL VU Assistant Registrar January 7, 2008 Susan Bigelow, City Clerk City of Chula Vista 276 Fourth Ave Chula Vista, CA 91910-2631 Re: "A Petition to Amend the Chula Vista City Charter to Make the City Attorney an Elected City Officer, Sufficiently Independent of the Council and Other City Officials." As directed by your office, we have conducted a verification of up to 13,669 valid signatures from the total of21,620 submitted. Results of the verification process are as follows: . Date petition was received in our office .............................. December 4, 2007 . Number of sections submitted .................................................................1,920 . Number of signatures submitted ............................................................21,620 . Number of signatures verified ...............................................................19,354 . Number of signatures found NOT sufficient ...........................................5,685 (includes 2,213 duplicates) . Number of signatures found sufficient ..................................................13,669 If you need further assistance please call Rosemarie Ganzon at (858) 694-3443. DFBlJtstlfjL Registrar of Voters 8-8 PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF CHULA VISTA To the City Council of the City ofChula Vista: pr' .. ,.- - ,":,~.;J ~\ J We th~w;gersigned, registered and qualified voters of the State of California, residents of the ~ o~~hula Vista, pursuant to Section 3 of Article XI of the California Constitution and ClaPter~Jcommencing with Section 34450) of Part I ofDivision2 of Title 4 of the <JOve~t Code, present to the city council of the city this petition and request that the following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on a date to be ckterrnined by the city council. We further request that the election be scheduled at the earliest possible date. Existing provisions proposed to be deleted are in strikeeut type and the new provisions proposed to be added are in italic type. The proposed charter amendment reads as follows: ELECTED CITY ATTORNEY ACT Section 1. Pumose and Findin2li - Elected City Attornev This charter amendment is intended to provide for the election of the City Attorney by the residents of the City ofChula Vista. The City ofChula Vista should have an elected City Attorney who is responsible to Chula Vista residents instead of an appointed city attorney responsible only to the Mayor and City Council. It is in the best interests of the City of Chula Vista that the City Attorney be sufficiently independent of the City Council and other city officials to able to both advise the city and act in the best interests of the public. Section 2. Amendment of the Charter A. follows: Section 503 of the Charter of the City of Chula Vista is hereby amended to read as Section 503 City Attornev: Election. Powers and Duties Te sesame eligible fur City ~A...ttemey, tHe 13efSaB a1313omtea. shall13e a:B. attemey at la\~." d:uJy liees.sed as saeh \:Jfleler the la..,;S sf the Rt:a.te of Ca:Hfernia. Tae City ...A...Uemey sh&ll have pe~Ner andeereEIUireate (a). Designation as Officer. The City Attorney shall be an officer of the City, in addition to any other officers designated pursuant to this Charter. It is the intent of the voters that the City Attorney shall be sufficiently independent of the City Council and other city officials to advise the City while also acting in the best interests of the public. (b) Powers of the City Attorney. The City Attorney shall: 8-~ W(1) Represent and advise the City Council and all city officers in all matters oflaw pertaining to their offices and advise all boards, commissions, and other agencies of the City on legal matters referred to him or her, and render written legal opinions when the same are requested in writing by the Mayor or a member of the Council or the City Manager or any other officer, board or commission of the City; 1." 1_. (bt(2) Represent and appear for the City and any city officer or employee, or former Citj' offi.~:pr employee, in any or all actions and proceedings in which the City or any such officer ~~ployee in or by reasons of his or her official capacity, is concerned or is a party; ;;{-~ ~ .;, <d;. n--~ >- (cl@ Attend all regular meetings of the City Council and give his or her opinion in wtiling V'ibfnever requested to do so by the City Council or by any of the boards or officers of the City;, . . <- ~ :; (Q)(4) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing; (ef(5) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto; W{6) Prosecute, if so directed by ordinance of the City Council, all offenses against the ordinances of the City and for such offenses against the laws of the State as may be required by law, and shall have concurrent jurisdiction with the District Attorney of the County of San Diego to prosecute persons charged with or guilty of the violation of the State laws occurring within the City limits of the City of Chula Vista for offenses constituting misdemeanors; (7) Whenever a cause of action exists infavor of the City, exercise discretion as to when to commence or maintain legal proceedings, subject to the approval or ratification by the City Council, when the basis for such action is within the knowledge of the City Attorney, or, he or she shall commence or maintain legal proceedings as directed by the City Council; (g) De'iete seek time te the alities ef effiee as may be Sfleei4iea iR the arEliBlmee ar FeSelatioR fuUag the GaIBfJeflSati6a fur S\ieh effiee; Me. (h}(8) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The Council may empower the City Attorney, at his or her request, to employ special legal counsel, and he or she shall have the power to appoint appraisers, engineers and other technical and expert services necessary for the handling of any pending or proposed litigation, proceeding or other legal matter. Upon the City Attorney's recommendation and the approval of the Council, when he or she has a conflict of interest in litigation involving another office of the City in his official capacity, such other officer may reta.in special legal counsel at City expense. Nothing in this Section 503 shall be construed to prevent the City Attorney from giving confidential advice to the City when otherwise allowed by law. 8-~O ,-- The City Ce1lReil shall !lave eeatFel sf all legal. Besmess aB4 jlreeeedffigs !!Be may e!BIl1ey ether attemeys ta take eharge sf any l-itigatiefl a1 matter at te assist t:Re City ...\ttemey tB.efem. (c) Election; Compensation of City Attorney. The City Attorney shall be nominated and elected in the same manner and at the same election as a member of the City Council, except as otherwise provided in this section. The compensation of the elected City Attorney shall be set by the Council, but shall be not less than the median compensation paid to the City Attorneys of the six California cities whose populations are closest to that of the City ofChula Vista, provided thjfJJ thr~f!!:f! higher and three are lower in population, and that compensation may not be reaucectiJ/jiing the City Attorney's term of office, except as part of a general reduction of s4lf;zries;W!.4ll officers and employees in the same amount or proportion. The City Attorney shall br.in the:fljjdassified Service. ":,J 5:;C: -'""'\f. Ie. (tl)Qualifications of City Attorney. No person shall be eligible for or continue to hold the qjfice of City Attorney, either by election or appointment, unless he or she is a citizen of the United States, a qualified elector, and a California resident, licensed to practice law in all courts of the State of California and so licensed for at least seven years preceding his or her assumption of office following election under this charter. (e). Term of Office of the City Attorney. The City Attorney shall be elected to a nominal term of four years and shall commence on the first Tuesday of December of the year of the election, and shall continue until a successor qualifies. (j) Vacancy, Filling of Upon the declaration of vacancy in the Office of the City Attorney, the Office of the City Attorney shall be filled by appointment by the majority vote of the members of the Council; provided, that if the Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, or if the unexpired term of the City Attorney shall exceed 24 months at the time of the appointment, the City Council shall cause a special election to be held to fill such vacancy. An appointee or the person elected to the Office of City Attorney for the balance of an unexpired term shall hold office until the next general election for the Office of the City Attorney. (g) Vacancy, What Constitutes. The Office of City Attorney shall be declared vacant by the Council when the person elected or appointed thereto fails to qualifY within ten days after his or her term is to begin, dies, resigns, ceases to be a resident of the State or absents himself or herself continuously from the State for a period of more than thirty days without permission from the Council, absents himself or herself from any seven consecutive regular meetings except on account of own illness or when absent from the City by permission of the Council, is convicted of a felony, is judicially determined to be an incompetent, is permanently so disabled as to be unable to perform the duties of his or her office, forfeits his or her office under any provision of this Charter, or is removed from office by judicial procedure. A finding of disability shall require the affirmative vote of at least two-thirds of the members of the Council after considering competent medical evidence bearing on the physical or mental capability of the City Attorney. B. follows: Section 500 of the Charter -of the City of Chula Vista is hereby amended as 8-11 500. Election. Aooointment and Removal of Officers and Deoartment Heads '.~;... (a) Election; Appointment. The City Attorney shall be elected by the voters of the City. The City Manager, City f.ttlll'ftey and City Clerk shall be appointed by and serve at the pleasure of the City Council and shall be in the Unclassified Service. In addition, there shall be in the Unclassified Service a private secretary for the City Manager, City Attorney and the ~yor ~!!:-council who shall be appointed by the respective officers for whom they serve. All other offioers and department heads of the City and the Assistant City Manager shall be ~infe~y the City Manager subject to the approval of the City Council. The City Attorney s!J!lll arso~point Assistant or Deputy City Attorneys as may be authorized by the Council, who shhll b~')he Unclassified Service. The City Clerk may also appoint Assistant or Deputy City Clerks '$ may be authorized by the Council subject to the approval of the Council who shall be lli'ihe UnClassified Service. It is further provided the City Council may, by ordinance, place Assistant and Deputy Department Heads, Assistants to the City Manager and new management level positions in the Unclassified Service by a four-fifths vote of the Council. fl-: (b) Removal. Officers and employees in the Unclassified Service appointed by the City Council may be removed by them at any time by a majority vote of the members of the Council, and such officers and department heads in the Unclassified Service appointed by the City Manager or City Attorney, respectively, may be removed by him or her at any time and, in the case of appointees in the Unclassified Service, the order of the City Council the City Attorney, or the City Manager affecting said removal shall be final and conclusive. The position of said officers and employees shall be declared vacant if said officer or employee is convicted of a felony or crime involving moral turpitude. Any appointee or employee in the Unclassified Service so removed by the City Manager, the City Attorney or City Clerk may, however, within five (5) days after receipt of a notice of dismissal, demand a written statement of the reason for such dismissal, a copy of which shall be forthwith filed with the City Council. Upon receipt of such written statement so furnished by the City Manager, the City Attorney or City Clerk to the City Council, the Council shall fix a time and place for a public hearing, at which hearing the Council shall have authority to investigate the facts set for the in said written communication from the City Manager, the City Attorney or City Clerk containing the reason for said dismissal, and determine the truth or falsity of said facts. Council shall report its findings and recommendations made as a result of such hearing, and cause a copy of said findings to be delivered to the City Manager, the City Attorney or City Clerk and file the original with the City Clerk. The dismissed appointee or employee in such cases shall have the right to file with the Council a written reply or answer to any charges filed by the City Manager, the City Attorney or the City Clerk. All written documents, including the City Manager's, the City Attorney's or the City Clerk's written reasons for such dismissal, and the reply of the dismissed appointee or employee, the fmdings and decisions of the Council, and any documentary evidence used at the hearing shall be filed with the proper office of the City as public records, open for inspection at any time. Nothing herein contained, however, shall be construed as in any way limiting the authority and power of the City Manager, the City Attorney or the City Clerk to remove any appointee or employee in the Unclassified Service of the City, so appointed or employed, and all such removals shall be final and conclusive. 5 8-12 (c) No fiscal impacts. Except as expressly provided in Section 503, nothing in this Section 500 shall be construed to limit the budgetary authority of the City Council as respects the officers and employees under the supervision of the City Attorney. Section 3. ImDlementation 0:: A. Upon the effective date of this initiative, the provisions of this initiative shall be inserted into the Charter as amendments thereto. Any provisions of City Charter, state law or city ordinances inconsistent with these amendments shall be unenforceable to the extent of the inconsistency. S no It: !;:The City Attorney serving at the time of the adoption of this initiative, or his or her s~es~~ shall continue to be qualified to hold such office, and shall carry out the duties and bt?auth~ to continue to exercise any and all powers of that office under the terms and cciil'diti~:rif this Charter and general law existing prior to the adoption of this initiative, until his o~er sUCC~sor is qualified and assumes office by election or appointment as a result of the next g~ral erection. I\.J .:;.1 Section 4. Severability. ,- If any word, sentence, paragraph, subparagraph, section or portion of this initiative is declared to be invalid by a court, the remaining words, sentences, paragraphs, subparagraphs, sections and portions are to remain valid and enforceable. Section S. Amendment or ReDeal. This initiative may be amended or repealed only by the voters at a City election. Section 6. Effective Date. If a majority of the voters voting on the proposed charter amendment vote in its favor, the charter amendment shall become valid and binding upon filing by the California Secretary of State. 8-~3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR THE VERIFICATION OF SIGNATURES FOR CERTIFICATION OF A PETITION FOR A CHARTER AMENDMENT AND FOR ITS PLACEMENT ON THE BALLOT FOR THE CONSOLIDATED GENERAL MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 2008 WHEREAS, under the provisions of the Chula Vista Charter, a General Municipal Election shall be held on June 3, 2008 for the purposes of electing two (2) Members of the City Council to fill Seats 3 and 4 for the full term offour years, commencing in December 2008, and submitting to the voters a citizen-initiated Charter amendment; and WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution consolidating the General Municipal Election with the Statewide Direct Primary Election to be held on the same date, requesting the County of San Diego Registrar of Voters to conduct the election, and authorizing the City Clerk to take all necessary actions to conduct the election; and WHEREAS, the City Council has previously budgeted a sufficient amount to cover the cost of placement of the measures for election of two Members of the City Council on the ballot for such election; and WHEREAS, the City Council has adopted or is anticipated to adopt a separate resolution placing a petition for a Charter amendment on the ballot for such election upon certification that the required number of signatures has been met; and WHEREAS, the City Council is required pursuant to California Elections Code section 9266 to pay the cost of verifying signatures for an initiative petition for a Charter amendment; and WHEREAS, the cost to verify the signatures for the petition for a Charter amendment is estimated to be $20,000; and WHEREAS, the Registrar of Voters has estimated the total cost of the placement of the petition for a Charter amendment on the ballot for the consolidated General Municipal Election to be held on June 3, 2008 to be $54,000. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER as follows: SECTION I. The amount ofTwenty Thousand Dollars ($20,000.00) is hereby appropriated to the City Clerk's Election Supplies and Services budget for the payment of costs for the verification of signatures for the petition for a Charter amendment to be placed on the ballot for the June 3, 2008 consolidated General Municipal Election, and the City c'1erk is hereby authorized to disburse such amount for payment of such costs. 8-14 SECTION 2. In addition, the amount of Fifty-Four Thousand Dollars ($54,000.00) is hereby appropriated to the City Clerk's Election Supplies and Services budget for the payment of costs for the placement of the petition for a Charter amendment on the ballot for the June 3, 2008 consolidated General Municipal Election, and the City Clerk is hereby authorized to disburse such amount for payment of such costs. Presented by: Approved as to form by: Donna R. Norris Interim City Clerk ~~ Brooke Miller Special Counsel 8-15