HomeMy WebLinkAboutAgenda Packet 2001/02/06 CITY COUNCIL AGENDA
February 6, 2001 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
AGENDA
February 6, 2001 4:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH,
DEBBIE TAYLOR, LIBRARIAN
· iNTRODUCTION OF THE CHiNESE DELEGATION:
Sun Hejuan - Principal, Xie Zaigao- former Principal, Ma Hongbang Chairman
of the Chinese Department, Wang Shukun - Vice Chair of the Workers' Union,
Wang Yanrong - English Teacher, Li Ming - Director of Junior One, Li
Yongping Director of General Affairs Office, Xu Zhuo - Chinese Exchange
Teacher
· PRESENTATION OF AN UPDATE ON THE ENERGY SITUATION 1N THE SAN
DIEGO REGION BY KURT KAMMERER, EXECUTIVE DIRECTOR OF THE SAN
DIEGO REGIONAL ENERGY OFFICE, INTRODUCED BY JOHN MOOT, CHULA
VISTA REPRESENTATiVE TO SANDAG'S EXECUTIVE COMMITTEE ON THE
SAN DIEGO REGIONAL POWER POOL
· PRESENTATION OF THE HUMANITARIAN OF THE YEAR AWARD TO
JULIETTA AGUILAR, ON BEHALF OF HER LATE FATHER, RAFAEL AGUILAR,
FORMER CHAIRPERSON OF THE CITY'S HUMAN RELATIONS COMMISSION
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar 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
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of January 16, January 18 and January 23, 2001.
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from William J. Lane, member of the Commission on Aging.
Staff recommendation: The resignation be accepted with regret and the City
· Clerk be directed to post immediately in accordance with the Maddy Act.
B. Letter from Daniel Royles, a student at Bonita Vista High School, requesting
financial assistance to attend the 2000 Youth Leadership Conference at Freedoms
Foundation, Valley Forge, Pennsylvania.
Staff recommendation: $50 from the Council Contingency Account be granted to
Daniel Royles toward expenses incurred for his attendance at the Freedoms
Foundation Conference.
C. Letter from Elizabeth Brierton, a student at E1 Cajon Valley High School,
requesting financial assistance to attend the 2000 Youth Leadership Conference at
Freedoms Foundation, Valley Forge, Pennsylvania.
Staff recommendation: The request be denied since Miss Brierton is not a
resident of Chula Vista and does not attend a Chula Vista school.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZiNG THE EASTLAKE COMPANY TO CONSTRUCT AND RECEIVE
TRANSPORTATION DEVELOPMENT IMPACT FEE CREDIT AND TRAFFIC
SIGNAL FEE CREDIT FOR A TRAFFIC SIGNAL AT THE iNTERSECTION OF
HUNTE PARKWAY AND CLUBHOUSE DRIVE, AND AUTHORIZiNG THE
PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT WITH THE EASTLAKE
COMPANY, MODIFYiNG THE REQUIREMENT OF THE MUNICIPAL CODE
The City received a letter dated September 29, 2000 from the Eastlake Company
requesting authorization, Transportation Development Impact Fee (TDIF) credit and
Traffic Signal Fee credit for the construction and installation of a traffic signal at the
intersection of Hunte Parkway and Clubhouse Drive. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDiNG A THREE-YEAR CONTRACT WITH TWO OPTIONAL,
CONSECUTIVE ONE-YEAR EXTENSIONS FOR ASSESSMENT DISTRICT AND
COMMUNITY FACILITIES DISTRICT JUDICIAL FORECLOSURE SERVICES TO
STRADLING YOCCA CARLSON & RAUTH, AND AUTHORIZiNG THE MAYOR
TO EXECUTE SAiD AGREEMENT
Page 2 - Council Agenda 02/06/01
The proposed agreement will retain the services of Stradling Yocca Carlson & Rauth to
perform judicial foreclosure services on City Assessment Districts and Commanity
Facilitie~ Districts, and coordinate the collection of all delinquent installment payments
on these Districts, as requested by the City, for the time period January 1, 2001 to
December 31, 2003 with two optional, consecutive one-year extensions. This will ensure
that the City's fiduciary responsibility to the bondholders is fulfilled, by providing these
required services. All costs associated with judicial foreclosure services and the
collection of delinquent assessments are recovered from the delinquent property owners
at no expense to the City. (Director of Public Works)
Staff recommendation: Council adopt the Resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG THE AGREEMENT TO TERMiNATE THE DEFERRAL AGREEMENT
AND DECLARATION OF COVENANTS RUNNiNG WITH THE LAND WITH
MCMILLiN OTAY RANCH, LLC, AND AUTHORIZiNG THE MAYOR TO
EXECUTE SAID AGREEMENT
Adoption of this resolution will terminate the agreement for deferring the development of
certain parcels within the McMillin Otay Ranch SPA One project. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG A LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND THE YMCA OF SAN DIEGO COUNTY FOR THE LEASE OF CERTAIN
PROPERTY IN EUCALYPTUS PARK, AND AUTHORIZING MAYOR TO
EXECUTE SAID AGREEMENT
The South Bay YMCA has conducted their Commtmity Service program at the
Eucalyptus Park site since 1964. Although the YMCA constructed a new multi-purpose
facility in the Rancho Del Rey area in the eastern portion of the City, they desire to
maintain a presence and a satellite program in the western part of the City. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROViNG AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA; P&D
ENVIRONMENTAL, CONSULTANT; AND JAMES H. ALGERT AND FLATIRONS,
LLC, APPLICANT, FOR CONSULTING SERVICES FOR PREPARATION AND
SUBMITTAL OF A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR
VISTA SAN MIGUEL, AND AUTHORIZiNG THE MAYOR TO EXECUTE SAID
AGREEMENT
Page 3 - Council Agenda 02/06/01
The applicant, James Algert and Flatirons, LLC, has filed a precise plan application for
Villa San Miguel, a 40-unit, single-family residential subdivision. The Environmental
Review Coordinator has determined that the proposed project requires the preparation of
a subsequent Environmental Impact Report. Adoption of this resolution will approve the
proposed contract with P&D Environmental for an amount not to exceed $71,638, to
provide consultant services for the preparation of the CEQA-required environmental
documents for the proposed project. (Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
9. MAYOR'S REPORTS
A. Ratification of appointment to the Civil Service Commission - Frank Ruffino.
10. COUNCIL COMMENTS
Page 4 - Council Agenda 02/06/01
CLOSED SESSION
11. CONFERENCE WITH LEGAL COUNSEL REGARDING iNITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
· Three cases
12. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
A. City of Chula Vista v. Bamhart, Inc. (SDSC GIS3859)
B. City of Chula Vista v. Marruenda (SDSC GIS3261)
13. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
· City Negotiator: City Manager
· Employee Organization: International Association of Firefighters
ADJOURNMENT to the Regular Meeting of February 13, 2001, at 6:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda 02/06/01
Januaw 26,2001
MEMO TO: City Clerk ~=~ . jr/j/
FROM: Patty Wesp
SUBJECT: SPECIAL ORDERS OF THE DAY - FEB 6, 2001
At the request of Councilmember Jerry Rindone, would you please calendar the
following item under Special Orders of the Day for the 2/6/2001 meeting:
Introduction of Chinese Delegation
Sun Hejuan - Principal
Xie Zaigao - former Principal
Ma Hongbang - Chairman of the Chinese Department
Wang Shukun - Vice Chair of the Workers' Union
Wang Yanrong - English Teacher
Li Ming - Director of Junior One
Li Yongping - Director of General Affairs Office
Xu Zhuo - Chinese Exchange Teacher
Following formal introductions and presentation of proclamations, the delegation will
attend a reception in Conference Room No. 1.
cc: Mayor Shirley Horton
Councilmember Jerry Rindone
Patricia Salvacion
To: City Clerks Office
City of Chula Vista.
Dear Friends,
As you may' already know the 2¢h annua} Robert B Bo[terrain{. Humanitarian of Tb.e Year
award will be awarded post meritoriously to Rafael AguJlar Mr. Aguilar was former chair of our
City's kluma~ Relations Commission and at~ I I-year ¥cteran of the county's Public Defender
Office. Ra~'acl worked hard within our community coordinating efforts to send handynien to help
seniors with home repairs and also helped bring tho Sharp Mobile Clinic to elementary schools to
proYJde fi'ce inoculations to children,. For }lis work Rafael received commendations [?om the San
Diego County Chicano Federation and the state Assembly. His daughter Suli~a lives in the south
bay and will -be available and happy to receive the awcuq or~ February 6~' Pl',ease inform mc if
can sci the award up trader 'Special Orders' for our next Tuesday Febrnary 6® 4pm City Core,oil
meeting Thank you
Sincerely.
Virgil Pina
Clmir. City Of Chula Vista
Hmrtan Relatiol~s Commission
Phn (619) 427-5456
JAN 2 3 2001
COUNCIL OFFICES
TO: EI'V~'VJJ~ .'~UTIN CHULA VISTA, CA
VICE CHAIR
COMMISSION ON AGING
FROM: WILLIAM J. LANE
CHAIR
COMMISSION ON AGING
DATE: JANUARY, 10Tn,2001
I NEED TO INFORM THE COMMISSION ON AGING
THAT I MUST STEP DOWN FROM THIS COMMISSION RIGHT
AWAY.I WILL NO LONGER BE ABLE TO SERVE ON THIS
COMMISSION DUE TO JOB RESTRAINTS AT MY CURRENT
JOB.I HAVE REALLY ENJOYED MY YEARS ON THE COMMISSION
BOARD.I HAVE MADE MANY CLOSE FRE1NDS AND HAVE
ENJOYED BEING AROUND THE SENIOR POPULATION IN THIS
WAY.I KNOW THE HIGHLY EXPERINCED AND DEDICATED
INDIVIDUALS ON THIS CURRENT BOARD WILL CONTINUE TO
MAKE THIS COMMISSION BE BENEFICIAL AND EFFECTIVE.
THANK YOU FOR YOUR FRIENSHIP AND QUALITY TIMES.
SINCERELY YOURS,
1854 Ithaca St.
Chula Vista, CA 91913
January 15, 2001 JAN 1 9 2001
Chula Vista City Council COUNCIL OFFICES
276 4~ Ave CHULA VISTA. CA
Chula Vista, CA 91910
Dear members of Chula Vista City Council,
My name is Daniel Royles, and I am one of' thirty-six high school students recently selected to attend the 2000
Youth Leadership Conference at Freedoms Foundation at Valley Forge, Pennsylvania and Washington D.C.
The mission of Freedoms Foundation at Valley Forge is to impart to Americans- particularly young Americans-
an understanding of and commitment to our national heritage, the basic values upon which our nation was built,
the free enterprise system, and responsible citizenship.
The conference on the Valley Forge campus will include meetings with prominent historians, educators,
journalists, and economists. There will also be tours of Valley Forge National Park and historic Philadelphia.
We will travel to Washington D.C., to meet legislators and visit important historic sites.
I am a junior at Bonita Vista High School. My school activities include Club Blue (Bonita Vista's band
program), Academic League (a quiz-bowl type event), and Academic Decathlon. I am enrolled in 7 classes,
including IB/AP Calculus, IB/AP US History, and two other classes that are for AP and/or lB credit.
The San Diego County Chapter of Freedoms Foundation at Valley Forge organizes, sponsors, and underwrites a
significant portion of the costs of this trip. We students are asked to find financial sponsors within our
community who support youth programs. I need to raise a total of $650 by February 12, 2001. I hope that you
will consider helping me achieve this goal.
To show my appreciation for your sponsorship, I would be happy to provide a program on the conference and
Freedoms Foundation at Valley Forge for one of your meetings.
Please call me at (619) 421-4507 or Diana Nokes, Vice President of Youth at (858) 538-5609 if you need more
information.
Thank you so much for considering sponsoring me on this wonderful and exciting learning opportunity.
Sincerely,
Daniel Royles
1854 Ithaca St.
Chula Vista, CA 91913
P.S. Checks must be made out to FFVF, San Diego County Chapter and mailed to me at the address given
above.
2 3 2001,
.. ' COUNCIL OFFICES
CHULA VISTA. CA
Stales recommendation is that this request be denied because Miss Brierton is
not a resident of Chula Vista and does not attend a school in Chula Vista.
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/06/01
ITEM TITLE: Resolution Authorizing the Eastlake Company to construct and
receive Transportation Development Impact Fee credit and Traffic Signal Fee
credit for a traffic signal at the intersection of Hunte Parkway and Clubhouse
Drive and authorizing the Pubhc Works Director to sign the agreement with the
Eastlake Company modifying the requirement of the Municipal Code
SUBMITTED BY: Director of Public Works~ ~
REVIEWED BY: City Manager ~5~9cv (4/5ths Vote: Yes NoX)
The City received a letter dated September 29, 2000 from the Eastlake Company requesting
authorization and Transportation Development Impact Fee (TDIF) credit and Traffic Signal Fee credit
for the construction and installation of a traffic signal at the intersection of Hunte Parkway and
Clubhouse Drive.
RECOMMENDATION: That the City Council adopt the resolution authorizing the Eastlake
Company to construct and receive credit for Transportation Development Impact Fees and Traffic
Signal Fees for a traffic signal at the intersection of Hunte Parkway and Clubhouse Drive and
authorizing the Public Works Director to sign the agreement modifying the requirement of the
Municipal Code for three bids.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The City received a letter dated September 29, 2000 (Exhibit "A") from the Eastlake Company
requesting authorization to construct and Transportation Development Impact Fee credit and Traffic
Signal Fee credit for the construction and installation of a traffic signal at the intersection of Hunte
Parkway and Clubhouse Drive. Hunte Parkway, a four-lane Major Road, was included as Project No.
2lA in the Eastern Area Development Impact Fees (TDIF) Report dated November 1993 (Exhibit
"B"). Since Clubhouse Drive is a collector street, which would not be considered a regional facility,
it was not included in the TDIF program.
Under TDIF ordinance procedures, a developer may request reimbursement or credit for the
construction of facilities identified in the TDIF project list. The ordinance provides that the developer
may request authorization from the City Council to construct one or more of the transportation
facilities listed in the ordinance. The total cost for construction of Hunte Parkway fi.om Clubhouse
Drive to East Orange Avenue was estimated at $1,250,000.00.
The Eastlake Company sought bids from three companies and obtained qualified bids from two of
them. The successful bidder was Select Electric, Inc. A statement of Select Electric's bid figure and
Page 2, Item __
Meeting Date 2/06/01
that of the other bidder, Lekos Electric, Inc. is contained in Exhibit "C". A contract was signed
between The Eastlake Company and Select Electric on September 21, 1999.
Staff has reviewed the TDIF-eligible and Traffic Signal Fee-eligible elements of the proposals
submitted by the two bidding companies as well as an estimate made by Schilling Corporation at the
request of the Eastlake Company (Exhibit "D"). This estimate was obtained at a later date because the
Eastlake Company had sought bids from only three companies for this project and received bids from
only two of these companies. Section 3.54.040 of the Chula Vista Municipal Code stipulates that in
order for a project to be eligible for TDIF reimbursement or credit, the developer of that project must
secure at least three qualified bids for work to be done and must grant the construction contract to the
lowest qualified bidder. Since the Eastlake Company did not originally obtain the necessary three bids,
the City required the company to seek an additional bid or estimate. It appears that the figures quoted
in the Select Electric bid are indeed the lowest of the figures submitted by the two companies and by
Schilling Corporation.
The contract amount for the work covered by this project is $121,660.00. Fifty percent of the cost for
the installation of the signal will be allocated toward TDIF credit, and the rema'ming filly percent will
be allocated for Traffic Signal Fee credit; all credit will be granted at completion of work. The cost
of the interconnect along Hunte Parkway is allocated toward TD[F credit, since it coordinates the
intersection signalization along Hunte Parkway. The allocation is distributed as follows:
Cost Allocation TDIF Credit Traffic Signal Fee Credit
Installation of Signal $53,830.00 $53,830.00
50% Hunte, 50% Clubhouse
Interconnect $14,000.00 -0-
Construction Subtotal $67,830.00 $53,830.00
75% Reimbursement Level $50,872.50 $40,372.50
Design Engineering $4,562.25 $4,562.25
(7.5% of construction)
Total estimated credit at $72,392.25 $58,392.25
completion
The TDIF ordinance provides a procedure for issuance of credits or tender of reimbursement offer to
developers. According to Section 3.54.040 of the Chula Vista Municipal Code, the developer, upon
approval of the estimated cost of a project by the Director of Public Works and receipt of valid bids
which have been approved by the Director of Public Works, shall be entitled to immediate credit for
75 percent of the estimated cost of construction attributable to the Transportation Facility Project. The
immediate credits shall be applied to the developer's obligation to pay fees for building permits issued
after the establishment of the credit. The Eastlake Company has complied with the procedural
requirements of the TDIF ordinance for reimbursement at the 75 percent level for this traffic signal
Page 3, Item __
Meeting Date 2/06/01
project. Per this ordinance a description and cost estimate of the improvements along with other
information and statements are required to be submitted to the City Council.
The following information has been submitted as required by the ordinance:
1. Letter dated September 29, 2000 from Bill McKibbin, Assistant Project Manager for the
Eastlake Company to City requesting and estimating credit for installation of signal
improvements at Hunte Parkway and Clubhouse Drive.
2. Bid submittals by Select Electric, Inc., dated August 27, 1999, for $121,660.00, and by Lekos
Electric, Inc., dated August 27, 1999, for $125,000.00. The Select Electric bid was selected
by the Eastlake Company since it was the lower of the two bids for the project.
3. Contract for installation of traffic signal at Hunte Parkway and Clubhouse Drive, signed by
officers of The Eastlake Company and Select Electric, Inc., dated September 14, 1999.
4. Cost summary and TD1F credit and Traffic Signal Fee credit breakdown attached to Eastlake's
letter of September 29, 2000.
5. All necessary permits and environmental clearances necessary for installation of the traffic
signal have been obtained by The Eastlake Company. The Eastlake Company has also paid
all required permit and plan check fees and posted any security which is necessary for this
project. A bond in the amotmt of $1,184,630.00 has been posted for the construction of
Eastlake Trails South - Clubhouse Drive, Project FT-005C, which includes this traffic signal
installation.
6. The TDIF ordinances require a developer to secure at least three qualified bids for the work
to be done. The Eastlake Company contacted three qualified contractors and received bids
from two of them. Of these two, Select Electric, Inc. submitted the lowest bid and was
selected. A contract between The Eastlake Company and Select Electric was signed on
September 21, 1999. Any extra work or changes during construction shall be justified and
documented.
In addition, Eastlake submitted an estimate by Schilling Corporation, dated September 27,
2000, for $128,000.00, prepared at the request of the Eastlake Company. Since this estimate
was submitted after the project was awarded and under construction, it technically cannot be
considered a third bid. However, Section 3.54.040(D) of the Municipal Code states that the
requirements of Section 3.54.040(C) (which include the three bid stipulation) can be modified
through an agreement entered into with the developer. This agreement is included as Exhibit
"E". City staff recommends that the Director of Public Works be authorized to sign this
agreement, which modifies the three bid requirement for this project only. Eastlake has been
advised that it is not sufficient to merely solicit three bids to qualify for TD1F reimbursement,
and that TD1F reimbursement requests with fewer than three bids may not be accepted in the
future.
Page 4, Item __
Meeting Date 2/06/01
The City will not be responsible for any of the costs of constructing the project. All funds to construct
the project shall be advanced by The Eastlake Company. When all work has been completed to the
satisfaction of the City, The Eastlake Company shall submit verification of payments made for the
construction of the project to the City. Reimbursement for design costs will also be considered at this
time. The Director of Public Works shall make the final determination on expenditures which are
eligible for credit or reimbursement. The Eastlake Company will receive credit against required
Transportation Development Impact Fees and Traffic Signal Fees at the time of issuance of building
permits.
FISCAL IMPACT: None to the City. The Eastlake Company will advance all necessary funds to
construct the project and will receive credit in accordance with the provisions of Ordinance #2251 and
as amended by Ordinances #2289 and 2580. The Eastlake Company will be eligible to receive up to
$50,872.50 in TD1F credit and $40,372.50 in Traffic Signal Fee credit at this time. The actual amount
of total credit will be determined by the Director of Public Works and be based on actual final costs.
Under the TDIF Ordinance, reimbursement will only be disbursed when the City determines sufficient
funds are available. The developer will pay City staffcosts for administration of the TDIF program.
Exhibits:
A. Letter dated September 29, 2000 from Bill McKibbin, Assistant Project Manager for the
Eastlake Company to City, formally requesting credit for installation of signal, plus cost
summary
B. Diagram showing location of construction of Hunte Parkway from Clubhouse Drive to East
Orange Avenue as denoted in Project No. 21A in the Eastern Area Development Impact Fees
(TDIF) Report dated November 1993
C. Bid submittals by Select Electric, Inc. dated August 27, 1999 and by Lekos Electric, Inc. dated
August 27, 1999, plus a letter from Perry Electric dated August 27, 2000
D. Calculation submitted by Schilling Corporation, dated September 27, 2000
E. Agreement between the City and the Eastlake Company
H:~IOME~ENGIN EER~AGENDA\TDIF Hunte_emc,doc
File # 0725-30-HX061
September 29, 2000
Mr. Cliff Swanson/City Engineer
City of Chub Vista
276 Fourth Avenue
Chula Vista, CA 91910 E~ISTI. AKE
COMPANY, kLC
Subject: Traffic Signal Credit
Dear Cliff,
Please allow fl:ds letter to serve as our formal request for credit for the installation of the signal
improvement at Club House Drive and Hunte Parkway. These improvements had been bonded as
part of the Eastlake Trails project and are now completing installation.
It is my understanding that pursuant to city policy, this signal credit is to be div/ded between the
TDIF reimbm-sement, for Htmte Parkway and the City Signal fired, for Club House Drive.
Enclosed please find the follovdng documents for your review in establishing credits.
1. Summary Sheet of Cost and Credit allocation
2. Bids from sub-contractors for signal work
2-. Copy of conmact awarded lowest bidder.
4. Copy of the Bond securing/mprovement.
_~s you are aware, are builders are in the process of pulling perm/ts and paying Signal fees so we
would like to establish the credit as quickly as possible. Please contact me at your earliest
convenience to discuss this issue.
Shicerely
Bill McKibbin
Assistant Project Manager
c.c. Alex At a~aa
900 Lane Avenue. Surte 100 Chula Vista. California 91914 Telephone (619) 421-0127 Facsimile (619) 421-1830
Traffic Signal Installation
Hunte Parkway/Club House Drive
Cost Summary
Cost Summary
Installation of Signal Lump sum $107,660.00
Interconnect
(along Hnnte Parkway) 4000 l.f. ~ $3.50 $14.000.00
Subtotal $121,660.00
Engineering desigu 7.5% of improvement $9.124.50
Total improvement cost $]30, 784.50
Cost Allocation TDIF Credit Signal DIF Credit
Installation of Signal $53,830.00 $53,830.00
50% Hunte, 50% Clubhouse
Interconnect $14,000.00 0
Design eng/neering $ 4.562.25 $ 4.562.25
Total TDIF credit granted at completion $ 72,392.25
Total signal credit granted at completion $58,392.25
Total credit requested this submittal
In accordance with city ordinance
75% credit upon approval and bonding
of improvement. Reduction of Total Credit
Total Credit Design Cost Request at This
~ 75% (75~A of 4,562.25) Time
TDIF credit requested $54,294.18 $3,421.68 $50,872.50
($72,392.25 x 75%)
Signal DIF credit re. quested $43,794.18 $3,421.68 $40,372.50
(58,392.25 X 75%)'
PROJECT NO. 2lA
H*UNTE PARKWAY
~LU-B HOU$E DRI'v'E TO EAST O1R~NGE AV~N~fE
Project Description: Construct Hunte Park~'ay from Club House Drive to F~aet Orange
Avenue as a four lane major street (80 feet curb to curb).
Improvements to include grading, pavement, drainage facilities,
curb, sidewalk, and street lighting.
Cost Estimate: 5;1,250,000
Project Location:
TO: Dave Staffieri
DevEnCo August 27, 1999
FROM: Tim Juengst
TRAFFIC SIGNAL INSTALLATION
At Clubhouse Drive & Hunt Parkway
ITEM QUANTITY I UNIT PRICE TOTAL
T. S. !n. sta!l.~ion Luml? S,um t .~107,660.00 $!07.660.00
interconnect 4,00~ If t ~ 3.50 ~ 14,000.00 ·
TOTAL ~ 121,660,00
This price excludes any permits, fees, S.D.G.&E charges, survey, iayou~, ped
ramps, and sandblasting & striping.
CALTRANS CERTIFIED DBE NO. CT-000484, EXP 9t01/99;
CALIF. CONTRS. LIC. NO, 297034, C-10, SUPP. A, EXP 10-31-00;
WE ARE A UNION CONTRACTOR.
P.O. Box 1457. Spring ~]alley. CA 91979 · 619/460-6060 FAX 619/460-6069 * License
1370 Pioneer Way
El Cajon, CA 92020
Tel (6] 9) 447-78(~1
FaA (619) 44.7-0402
License No. 588410 C-10, Expires 2/29/00 '
FAX TRA, S ITTA ,
DATE: August 27, 1999 TlAr~E; 10:58AM
TO: DevEnCo Inc. A~TPh Dave Staffieri
BE: Clubhouse & Hunte Parkw~,y
IVIESSAGE: Following is ~3 quote on th¢~ traffic signal installation at the above-
referenced intersec'don:
LumpSur~i = 8125,000.00
Excludes: Bonds, fees, pern-,it~, striping & ren~o~¢al, road improvements
Includes: Our own traffic con'[roi
FROM; John G. Lekos //~'d~.~
NUMBER OF PAGES ~C[.UB~F~G COVE~ SHEET: '1
PERRY
1"300
DEVEN~O
DUE TO OUR ALREADY ~USY
THANK ¥0~ ~OR YOUR INVITATION AND TNT~EST FOR 'F~TURE
SINCERELY,
TO: The~Eastlake Company
A-I'TN: Bob Moors
PROJECTS: Lane &.Fenton Avenue
Clubhouse Drive & Hunte Parkway
RE: Schilling Job # 0097 & # 13899
-CHANGE ORDER REQUEST
Change Order Request as Follows:
1 .) Traffic signal as shown.on Drawings # 99-1696, sheet 6 of 6, dated
June 27, 2000, for Lane & Fenton Avenue.
1 LS @ $ 59,000.00
Total Change Order for Lane & Fenton Ave. = 59,000.00
2.) Installation of {1} Traffic signal at Clubhouse Drive and Hunte Parkway.
1 LS @ $112,000.00
Intercorfn~ct 4,000 L.F. @ $ 4.00 LF. = $16,000.00
Total Change Order for Clubhouse Dr. & Hunte Pkwy. = $128,000.00
Submitted By: Accepted By:
TOM SCHILLING : .- - -, Bob Moors -
President - ' ~-I / The Eastlake Company "
PM~ 518' RO. BOX-719002' SANTEE, CA 92072' (619)448-5392 · FAX (619)448-1052
TSCHILLING @SCHILLINGCORR COM
~CONTRACTORS LICENSE #488153
AGREEMENT
Between
THE CITY OF CHULA VISTA AND THE EASTLAKE COMPANY, LLC
For
HUNTE PARKWAY & CLUBHOUSE DRIVE SIGNAL REIMBURSEMENT
For
MODIFICATION TO TDIF ORDINANCE THREE BID REQUIREMENT
This agreement is entered into as of this day of ,2001, by and between the City
of Chula Vista (hereinafter referred to as "the City"), and The Eastlake Company, LLC (hereinafter referred
to as "the Developer"), in view of the following facts and for the following purposes:
Whereas, the Developer was unable to receive the required three bids for the traffic signal
installation at the intersection of Hunte Parkway and Clubhouse Drive ("Project") per the City's
Transportation Development Impact Fee Ordinance ("TDIF"), due to an unprecedented number of
development projects under construction at that time. We were informed by Devenco Incorporated, our
utility consultant, that Select Electric and Lekos Electric would be the only two contractors available to
perform this type of work; and
Whereas, the Developer is well aware that this was a unique situation and would appreciate it if the
City allow an exception to the Transportation Development Impact Fee Ordinance under these
circumstances. In addition, the bids received were in substantial conformance with other bids received for
similar work on other projects contracted at the same time;
Therefore, the parties agree as follows:
1. As to the project and for no other purposes, for the reasons set forth above, the City's Municipal
Code Section 3.54.040 requirement for three bids is hereby modified and the two bids plus Schilling
Corporation's estimate dated September 27, 2000, are deemed sufficient for TDIF credit.
2. The Developer acknowledges and agrees that it is not entitled to submit only two bids on future
TDIF projects on the basis of this agreement.
In Witness thereof, this Agreement is executed by the City and by the Developer as of the date first
above written.
By
John Lippitt, Director of Public Works
City of Chula Vista
By Guy Asaro, Vice President
The EastLake Company, LLC
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EASTLAKE COMPANY
TO CONSTRUCT AND RECEIVE TRANSPORTATION
DEVELOPMENT IMPACT FEE CREDIT AND TRAFFIC
SIGNAL FEE CREDIT FOR A TP~AFFIC SIGNAL AT THE
INTERSECTION OF HUNTE PARKWAY A/~D CLUBHOUSE
DRIVE AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO SIGN THE AGREEMENT WITH THE
EASTLAKE COMPANY MODIFYING THE REQUIREMENT OF
THE MUNICIPAL CODE
WHEREAS, the City received a letter dated September 29,
2000 from the Eastlake Company requesting authorization to
construct and Transportation Development Impact Fee credit and
Traffic Signal Fee credit for the construction and installation of
a traffic signal at the intersection of Hunte Parkway and Clubhouse
Drive; and
WHEREAS, under TDIF ordinance procedures, a developer may
request reimbursement or credit for the construction of facilities
identified in the TDIF project list and provides that the developer
may request authorization from the City Council to construct one or
more of the transportation facilities listed in the ordinance; and
WHEREAS, the total cost for construction of Hunte Parkway
from Clubhouse Drive to East Orange Avenue was estimated at
$1,250,000.00; and
WHEREAS, the Eastlake Company sought bids from three
companies and obtained qualified bids from two of them; and
WHEREAS, the Eastlake Company submitted an estimate for
the construction and thus staff recommends modification of the
Municipal Code requirement of obtaining three bids in advance of
construction; and
WHEREAS, according to Section 3.54.040 of the Chula Vista
Municipal Code, the developer, upon approval of the estimated cost
of a project by the Director of Public Works and receipt of valid
bids which have been approved by the Director of Public Works,
shall be entitled to immediate credit for 75 percent of the
estimated cost of construction attributable to the Transportation
Facility Project; and
1
WHEREAS, the Eastlake Company has complied with the
procedural requirements of TDIF ordinance for reimbursement at the
75 percent level for this traffic signal project.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the Eastlake Company to
construct and receive Transportation Development Impact Fee credit
and Traffic Signal Fee credit for a traffic signal at the
intersection of Hunte Parkway and Clubhouse Drive.
BE IT FURTHER RESOLVED that the Public Works Director is
hereby authorized to sign the agreement with the Eastlake Company
modifying the requirement of the Municipal Code for three bids.
Presented by Approved as to form by
John P. Lippitt J~/~ kaheny
Director of Public Works City Attorney
[H :\H OME~A~ORN EY\RESO/TDIF Hunte (January 25, 2001 (1/:25arn)]
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/06/01
ITEM TITLE: Resolution Awarding a three-year contract with two optional,
consecutive one-year extensions for Assessment District and Community
Facilities District judicial foreclosure services to Stradling Yocca Carlson
Rauth, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works/~ Deputy City Manager
REVIEWED BY: City Manager ~'~
· (4/5ths Vote: Yes No X)
The proposed agreement will retain the services of Stradling Yocca Carlson & Rauth to perform judicial
foreclosure services on City Assessment Districts and Community Facilities Districts and coordinate the
collection of all delinquent installment payments on these Districts, as requested by the City, for thc time
period January 1, 2001 to December 31, 2003 with two optional, consecutive one-year extensions. This
action will ensure that the City's fiduciary responsibility to the bondholders is fulfilled by providing these
required services. All costs associated with judicial foreclosure services and the collection of delinquent
assessments are recovered from the delinquent property owners at no expense to the City.
RECOMMENDATION: That Council approve the resolution, awarding a three-year agreement for
Assessment District and Community Facilities District judicial foreclosure services to Stradling Yocca
Carlson & Ranth, and authorizing the Mayor to execute said agreement.
DISCUSSION:
Background
The City has formed eleven Assessment Districts to provide financing of infrastructure, mostly for new
developments. The bonds that were used to finance the improvements were issued pursuant to thc
Improvement Bond Act of 1915. These bonds are typically paid off by each District over a twenty to
thirty year period. The yearly installment is collected on the tax bill of those who benefit from the
improvements. In addition to the principal and interest, a maximum sixteen dollar ($16.00) fee is
collected yearly from every parcel within each District to cover administration costs.
One of the provisions of issuing 1915 Act limited obligation bonds is that the City must monitor the
collection process and cause judicial foreclosure proceedings to commence in as little as 150 days of an
installment becoming delinquent. The City's obligations to the bondholders are spelled out as covenants
in each District's bond indenture. In cases where the City does not initiate timely judicial foreclosure
proceedings pursuant to the covenants, the City may become liable for the delinquent payment to the
bond holders.
The 1915 ~3ond Act states that the cost of collecting a delinquent installment is recoverable from the
delinquent parcel. The delinquent installment, penalties, interest and collection costs will be collected
from the delinquent parcels so that other parcels within the District will experience no additional cost.
The City has used the services of Owen & Bradley for the past three years.
/4-/
Page 2, Item
Meeting Date 2/06/01
The City currently has three Community Facilities Districts (CFD's), CFD 97-3, 99-1 and 2000-1, which
finance the construction of infrastructure through the issuance of bonds. For two of these CFD's, Fiscal
Year 2000-2001 is the initial year of billing. The covenants in the bond indentures for each of these
Districts stipulate that judicial foreclosure proceedings must be commenced aga'mst properties under
common ownership with delinquent taxes of $5,000 or more, or $2,500 or more if the Reserve Fund is
less than the Reserve Requirement. Due to the relatively high threshold amount, no proceedings have
been required up to this point. However, it is necessary to have Foreclosure Counsel available since
documents are required to be filed in court in as little as ninety days after identifying such a delinquency.
We will also need the flexibility to include any new CFD's which may be formed during the period of
this contract.
The recommended action authorizes the Foreclosure Counsel to perform judicial foreclosure services
for the City. Funds for this service will be advanced from the sixteen dollar ($16.00) yearly
administrative fee that the City collects from every parcel within the Assessment Districts and the
administrative charges collected from the Community Facilities Districts in anticipation of ultimate
recovery from the delinquent property owners. Administrative expenses are estimated each fiscal year
for each CFD and included in the budgets. The Fiscal Year 2000-2001 budget was $75,000 each for
CFD's 97-3 and 99-1 and $50,000 for CFD 2000-1.
Consultant Selection Process
The City has previously used qualified outside personnel to accomplish this work, in heu of performing
the activities in-house. The purposes for hiring outside personnel to perform these services are speed,
expertise and cost. Stradling Yocca Carlson & Rauth has special expertise in this area and has handled
a sizable portion of the judicial foreclosure services in Southern California. Having such a specialist
monitor these foreclosure actions and procedures will allow the City to meet its covenants in a timely
manner and at a lower expense to the delinquent parcel.
Public Works/Engineering Division staff followed Chula Vista Municipal Code Section 2.56.230 in the
consultant selection process. As required, a Request for Proposals (RFP) was prepared by staff in
accordance with the above mentioned Municipal Code section and sent to ten firms. An advertisement
inviting proposals Was also published in The Star-News on Friday, November 24, 2000.
The RFP included a description of the scope of work and the time fi.ames for completion. Each firm was
asked to indicate in its RFP: 1) proof of general familiarity with Assessment Districts, especially the
Improvement Bond Act of 1915, 2) proof of capacity, resources and specialized equipment or expertise
to perform the work, 3) names and qualifications of all key personnel to be used in the project, including
any subconsultants, 4) past record of performance and references, 5) the location of the office where the
work is to be performed, and 6) a cost estimate.
Page 3, Item
Meeting Date 2/06/01
The RFP also indicated that the City would rank the proposals based on the following criteria:
1. Fee proposal and pay schedule,
2. Past record of performance (Reference Evaluation),
3. Evaluation of personnel qualifications, including subconsultants if so indicated,
4. Capacity and resources to perform the work, and
5. Proximity of office to San Diego County.
The following three firms responded to the RFP mailing and invitation and submitted proposals:
Firm Name Location
Best Best & Krieger Riverside, California
Covington & Crowe Ontario, California
Stradling Yocca Carlson & Rauth Newport Beach, California
RFP Evaluation Process
The selection committee was appointed by the City Manager in accordance with Chula Vista Municipal
Code Section 2.56.230 and consisted of the following members:
Elizabeth Chopp, Civil Engineer
Thomas L. Magness, Engineering Technician II
Veronica Roble, Accountant.
Elizabeth Wagner Hull, Deputy City Attorney
The committee members were provided with individual copies of the proposals. All three firms were
invited to participate in the interview process and all three accepted. On December 19, 2000, the
committee interviewed the firms. These firms were ranked in accordance with the following criteria:
1. Qualifications of personnel (20 points)
2. Resources available to perform tasks on time and within budget (20 points)
3. Firm experience directly related to contract (20 points)
4. Quality of presentation (15 points)
5. Response to interview questions (25 points)
6. Total cost and justification (30 points)
Each member of the interviewing panel awarded points to the three firms, with 130 points per member
being the maximum and 520 points the total maximum awarded by the entire committee per finn. The
firms were ranked as follows: Stradling Yocca Carlson & Rauth was ranked first with 483 points,
Covington & Crowe was ranked second with 464 points, and Best Best & Krieger was ranked third with
461 points.
Page 4, Item
Meeting Date 2/06/01
The selection committee felt that Stradling Yocca Carlson & Rauth was the best choice for the new
contract. The committee based this on general strength in all areas including project team and area
knowledge, experience handling similar matters for other agencies and municipalities, and general
quality of work based on results achieved through contracts with other agencies and municipalities.
With regard to cost, the proposal submitted by Best Best & Krieger contained the lowest itemized cost in
terms of hourly rates charged for work by partners and associates and for paralegal services. However,
an advance deposit, determined on a case-by-case basis, would have been required fi:om the City prior to
commencement of work on each delinquent parcel. The proposal submitted by Covington & Crowe was
competitive with the proposals submitted by the other firms in terms of hourly rates charged for work by
partners and associates and for paralegal services. However, it also included the payment of flat-fee
retainers for various tasks which, in the opinion of the selection committee, were excessive and bore little
relation to the actual time spent on specific cases.
The selection committee felt that the cost proposal submitted by Stradling Yocca Carlson & Rauth was
the fairest and most easily understood, since it required standard competitive hourly rates for the
principal in charge, associates, other attorneys, and paralegal services and listed other expenses as billed
at cost. This proposal also did not require flat fee retainers, which might bear little relation to the task at
hand or advance deposits before any work was started. A check of the references supplied by Stradling
Yocca Carlson & Rauth revealed that the firm performed services of estimable quality and that the fees
and rates that they charged were competitive.
Contract Terms
Generally, the provisions of the contract provide that Stradling Yocca Carlson & Rauth will be
responsible for coordinating judicial foreclosure services, as requested by the City, for the time period
January 1, 2001 to December 31, 2003 with two optional, consecutive one-year extensions. The contract
will be completed when all delinquent parcels assigned during the contract period have been resolved or
upon notification from the City of contract termination.
The fees for providing these services shall be based on the following rates (which include overhead and
secretarial/clerical support). These rates are effective for the initial three-year contract term except as
otherwise noted:
Douglas J. Evertz, Principal-in-Charge $200 per hour
Allison E. Bums, Associate $165 per hour
Additional attorneys $150-$250 per hour
Paralegal services $I00 per hour (See note)
Out-of-pocket expenses Billed at cost
Note: Paralegal services will remain at $100 per hour for at least the first twelve months and, under no
circumstances, will the hourly fee for paralegal services exceed $120 per hour during the initial three-
year contract term.
Page 5, Item
Meeting Date 2/06/01
All fees would be billed monthly. The monthly statement will set forth the nature of the services
provided during the preceding month and the total number of hours attributable to providing such
services. In addition to the above fees, Stradling Yocca Carlson & Rauth would be reimbursed for out-
of-pocket expenses including normal and customary office expenses, document delivery and messenger
fees, electronic research, court costs, and travel at the direction of the City.
Stradling Yocca Carlson & Rauth has recently been under separate contract with the City. During the
past year, they have been paid $108,115.74 for their services.
FISCAL IMPACT:
The yearly cost for the services will be unknown, but there will be no impact to the City's General Fund.
The general nature of the regional and local economic picture and homeowners' general ability to fulfill
their financial obligations would affect the number of parcels that become delinquent and trigger the
foreclosure process. In the past, fees for foreclosure services have been included in the costs incurred by
our Delinquency Monitoring Consultant and passed on to the City. The fees paid by the City for
foreclosure services for Fiscal Year 1999-2000 totaled $9,178.22.
Since expenses will be incurred prior to the resolution of each case, funds will be advanced from the
$16.00 per parcel yearly administrative fee collected for the Assessment Districts and the administrative
fees in the Community Facilities Districts' budgets. Once each case is resolved, the owners of the
delinquent parcels would pay all legal expenses and the Assessment District or Community Facilities
District accounts would be reimbursed. Since all collection costs are recovered for the delinquent
parcels, there is no fiscal impact to the City. By going through this process and collecting the delinquent
assessments, the City will avoid future liabilities.
I [:\HOME~ENG[N EER/AGENDA\ADJF TOM. DOC
FILE 0340-10 AD 006
V31/01 2:27:06 I~M
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING A THREE-YEAR CONTRACT
WITH TWO OPTIONAL, CONSECUTIVE ONE-YEAR
EXTENSION FOR ASSESSMENT DISTRICT AND
COMMUNITY FACILITIES DISTRICT JUDICIAL
FORECLOSURE SERVICES TO STRADLING YOCCA
CARLSON & RAUTH, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the purpose for hiring outside personnel to
perform assessment district and community facility district
judicial foreclosure services is speed, expertise and cost; and
WHEREAS, Public Works/Engineering Division staff followed
Chula Vista Municipal Code Section 2.56.230 in the consultant
selection process; and
WHEREAS, the selection committee appointed by the City
Manager in accordance with Chula Vista Municipal Code Section
2.56.230 felt that Stradling Yocca Carlson & Rauth was the best
choice for the new contract based on general strength in all areas
including project team and area knowledge, experience handling
similar matters for other agencies and municipalities, and general
quality of work based on results achieved through contracts with
other agencies and municipalities; and
WHEREAS, the proposed agreement will retain the services
of Stradling Yocca Carlson & Rauth to perform judicial foreclosure
services on City Assessment Districts and Community Facilities
Districts and coordinate the collection of all delinquent
installment payments on these Districts, as requested by the City,
for the time period January 1, 2001 to December 31, 2003 with two
optional, consecutive one-year extensions; and
WHEREAS, this action will ensure that the City's fiduciary
responsibility to the bondholders is fulfilled by providing these
required services and all costs associated with judicial
foreclosure services and the collection of delinquent assessments
are recovered from the delinquent property owners at no expense to
the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby award a three-year contract with
two optional, consecutive extensions for Assessment District and
Community Facilities District judicial foreclosure services to
Stradling Yocca Carlson & Rauth, a copy of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt ~Q~n M. Ka[~en~
Director of Public Works City Attorney
[H:\HOME~ATTORN EY/RESOt Stradling AD & CFD Contract (Januap/31,2001 (8:29am)]
2
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Stradling Yocca Carlson & Rauth
for Assessment District Judicial Foreclosure Services
This agreement ("Agreement"), dated for
the purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
WHEREAS, the City has formed Assessment Districts pursuant to
the Municipal Improvement Act of 1915 and Community Facilities
Districts pursuant to the Community Facilities Act of 1982 to
impose assessments/ special taxes on benefitting properties to
finance the construction of various improvements; and,
WHEREAS, limited obligation bonds were issued to fund the
unpaid assessments/ special taxes pursuant to the Improvement Bond
Act of 1915 and the Community Facilities Act of 1982; and,
WHEREAS, the City must begin judicial foreclosure proceedings
when parcels become delinquent on their assessment installment;
and,
WHEREAS, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
January 18, 2001 Page 1
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and
deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being
of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall
be herein referred to as the "Defined Services". Failure to
complete the Defined Services by the times indicated does not,
except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from
time to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
January 18, 2001 Page 2
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant.
January 18, 2001 Page 3
Errors and Omissions insurance, in the amount ~et forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
January 18, 2001 Page 4
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the
City at their unfettered discretion by submitting to the bank a
letter, signed by the City Manager, stating that the Consultant is
in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in
the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
city such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
January 18, 2001 Page 5
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
Ail billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied
with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, Paragraph
January 18, 2001 Page 6
It is acknowledged by both parties that time is of the essence
in the completion of this Agreement. It is difficult to estimate
the amount of damages resulting from delay in performance. The
parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or
have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control,
other than delays caused by the City, shall be requested in writing
to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such
reporting categories as are specified in Paragraph 15 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
January 18, 2001 Page 7
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
January 18, 2001 Page 8
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful misconduct of the City,
its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in defend-
ing against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against
the City, its officers, agents, or employees. Consultant's
January 18, 2001 Page 9
indemnification of City shall not be limited by any prior or
subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the
property of the City, and Consultant shall be entitled to receive
just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective
date of Notice of Termination, not to exceed the amounts payable
hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
January 18, 2001 Page 10
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
Ail reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
January 18, 2001 Page 11
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the City in the implementation of same.
Upon request by city, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
January 18, 2001 Page 12
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind City to any
contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate broker
or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. Ail
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
January 18, 2001 Page 13
Each signatory and party hereto hereby warrants and represents
to the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
January 18, 2001 Page 14
Signature Page
to
Agreement between
City of Chula Vista
and
Stradling Yocca Carlson & Rauth
for Assessment District Judicial Foreclosure Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated: 200 City of Chula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Jo~ M. Kahe~ City Attorney
Dated:
Stradling Yocca Carlson & Rauth
~/~ougla~ Evert~/~are~der
Exhibit List to Agreement
January 18, 2001 Page 15
(X) Exhibit A.
Exhibit A
to
Agreement between
City of Chula Vista
and
Stradling Yocca Carlson & Rauth
1. Effective Date of Agreement: Upon Approval by City Council
2. City-Related Entity:
(X) city of Chula Vista, a municipal chartered corporation of
the State of California
( ) Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
( ) Industrial Development Authority of the City of Chula
Vista, a
( ) Other: , a
[insert business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Stradling Yocca Carlson & Rauth
5. Business Form of Consultant:
( ) Sole Proprietorship
January 18, 2001 Page 16
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6441
Voice Phone (949) 725-4000
Fax Phone (949) 725-4100
7. General Duties:
The Consultant will be responsible for providing services for
judicial foreclosure actions, processes and procedures as requested
by the City for any Assessment District and/ or Community
F~cilities District within the City of Chula Vista, in accordance
with what the City has covenanted in the Bond Indenture for each
Assessment District and Community Facilities District. The time
period of the work shall be January 1, 2001 through December 31,
2003, plus two optional one-year periods, January 1 to December 31,
2004 and January 1 to December 31, 2005, if agreed upon by mutual
consent of the City and the Consultant. Said extensions would be
on the same terms as the original agreement with the exception of
Section 11, "Compensation" which would be subject to
renegotiation.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1) Upon receipt from the City and from the Delinquency
Monitoring Consultant of all pertinent bond transcripts,
written evidence of the amount of all delinquencies to be sued
upon, and evidence that such delinquent installments have been
properly removed from the County tax rolls and authorization
to proceed, the Consultant shall review all records of
delinquencies, appropriate bond documents, and evidence of
removal of such delinquencies from the County tax roll.
2) The Consultant shall provide all owners of property
represented by delinquent special taxes and/or delinquent
January 18, 2001 Page 17
special assessments (such ownership is shown on the last
equalized assessment roll or as otherwise known to the
Consultant), with written notice, mailed first class United
States Mail, postage prepaid, that proceedings in judicial
foreclosure are being commenced.
3) The Consultant shall also proceed to order and receive
title reports and/or litigation guarantees and, if such
parcels are not cured immediately, prepare complaints and
related documentation pertaining to the legal proceedings in
judicial foreclosure in the appropriate Superior Court for the
collection of delinquent special assessments within the
districts. The Consultant shall perform all legal services
necessary to complete said action, unless directed otherwise
by the City.
4) In the event that special taxes and/or special assessments
not yet due become delinquent in the future, the Consultant
shall perform such services to collect such delinquencies upon
receipt of a Notice to Proceed from the City. To the extent
that the City has already begun any foreclosure actions and
wishes substitute counsel as attorney of record in any case,
the Consultant shall not be responsible for the actions of
prior counsel. Unless the city and the Consultant make a
different arrangement in writing, the signed Agreement between
the City and the Consultant will govern all future services
the Consultant may perform for the City. The Consultant will
provide copies of all correspondence with delinquent property
owners and ensure all payments are made payable to the City.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: January 1, 2001
C. Dates or Time Limits for Delivery of Deliverables:
As specified in each Assessment District=s Bond Indenture.
D. Date for completion of all Consultant services:
January 18, 2001 Page 18
That date when all delinquent parcels assigned to the
Consultant during the term of this Agreement have been
resolved or upon notification from City of contract
termination.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000 each
accident.
(X) Commercial General Liability Insurance: $1,000,000 per
occurrence.
(X) Errors and Omissions Insurance: $1,000,000 per
occurrence.
( ) Automobile Insurance: $1,000,000 per accident.
10. Materials Required to be Supplied by City to Consultant:
The City will furnish the Consultant with the following
documents and information:
A. A list of the delinquent properties by Assessment
District/ Community Facilities District and the amounts
of all delinquencies to be sued upon, evidence that such
delinquent installments have been properly removed from
the County tax rolls, and authorizations to proceed.
B. Any pertinent bond indenture documents.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as
follows:
January 18, 2001 Page 19
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans which must be
returned to the city if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Deliverables set
forth Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
January 18, 2001 Page 20
¥ -2.'?
shall have issued a notice to proceed to Consultant as to said
Phase.
Phase Fee for Said Phase
$
2. $
3. $
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end of
each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
January 18 2001 Page 21
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables,, ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time
and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued
in writing and approved by the City. Nothing herein
shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee Hourly
Of Consultant Name Rate
Principal-in-Charge Douglas J. Evertz $200.00
Associate Allison E. Burns $165.00
January 18, 2001 Page 22
Additional attorneys $150.00-$250.00
Paralegal services $100.00
Out-of-pocket expenses Billed at cost
Note: Paralegal services will remain at $100 per hour for at least
the first twelve months and, under no circumstances, will the
hourly rate for paralegal services exceed $120 per hour during the
initial three-year contract term. All rates will be negotiable for
the two one-year extensions commencing January 1, 2004.
( ) Hourly rates may increase by 6% for services
rendered after [month], 19 if delay in providing
services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $
(X) Copies, not to exceed $ : $0.20 per copy
(X) Travel, not to exceed $ : Internal Revenue
Service rate
( ) Printing, not to exceed $ :
(X) Postage, not to exceed $ : actual charqes__
(X) Delivery, not to exceed $ : actual charges
(X) Long Distance Telephone Charges,
not to exceed $ actual charges
(x) Other Actual Identifiable Direct Costs:
Court costs, not to exceed $ : actual charges
, not to exceed $ :
13. Contract Administrators:
January 18, 2001 Page 23
City: Elizabeth Chopp, Civil Engineer or Veronica Roble,
Accountant, Public Services Building, 276 Fourth
Avenue, Chula Vista, CA 91910
Consultant: Douglas J. Evertz, Principal-in-Charge, Stradling
Yocca Carlson & Rauth, 660 Newport Center Drive,
Suite 1600, Newport Beach, CA 92660-6441
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
Category No. 1. Investments and sources of income.
Category No. 2. Interests in real property.
Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
Category No. 4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
Category No. 5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
January 18, 2001 Page 24
( ) Category No. 6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
(X) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
NONE
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Not applicable.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(x) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: Varies, based on District
involved.
January 18, 2001 Page 25
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
Retention. If this space is checked, then notwithstanding
other provisions to the contrary requiring the payment of
compensation to the Consultant sooner, the City shall be
entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the
City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event: ( ) Completion of All Consultant Services
( ) Other:
January 18, 2001 Page 26
COUNCIL AGENDA STATEMENT
Item (~
Meeting Date 2/06/01
ITEM TITLE: Resolution Approving the Agreement to Terminate the
Deferral Agreement and Declaration of Covenants Running with the Land
with McMillin Otay Ranch LLC and authorizing the Mayor to execute said
Agreement.
SUBMITTED BY: Director of Public Work¥~//~
REVIEWED BY: C~ty Manager 0~ (4/5ths Vote: Yes_No X)
Tonight, the City Council will consider terminating the agreement for deferring the development
of certain parcels within the McMillin Otay Ranch SPA One project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the Resolution approving the Agreement terminating
the Deferral Agreement with McMillin Otay Ranch LLC and authorizing the Mayor to execute
said Agreement.
DISCUSSION: On October 6, 1998, by Resolution No. 18286, Council adopted the Otay Ranch
SPA One Public Facilities Financing Plan ("PFFP") which establishes cumulative Equivalent
Dwelling Units approved on final maps ("mapped EDUs") as trigger points for constructing
necessary infrastructure. On April 20, 1999, by Resolution No. 19408, Council approved an
amendment to the PFFP, which excluded Community Purposes Facilities (CPF) sites from the
mapped EDUs triggers.
On December 8, 1998, by Resolution No. 19297, Council approved a Deferral Agreement and
Declaration of Covenants Running with the Land ("Deferral Agreement") with McMillin. In
order to ensure compliance with the PFFP, McMillin agreed to defer applying for building permits
for the C-3/R-45 and CPF-4 sites ("Deferral Property) until Olympic Parkway (Brandywine
Avenue to Paseo Ranchero) and the widening of the Telegraph Canyon Road/Otay Lakes Road
Intersection were provided for by McMillin or others. On September 14, 1999, by Resolution No.
19602, Council approved the First Amendment to Deferral Agreement (Amendment). This
Amendment deleted CPF-4 from the Deferral Property and ensured consistency between the
Deferral Agreement and the amended PFFP.
Recently, McMillin requested the City to terminate the Deferral Agreement on the basis that all
construction obligations have been met. The widening of the Telegraph Canyon Road/Otay Lakes
Road intersection has already been completed and accepted by the City. Construction has begun
and security bonds have been posted for Olympic Parkway (Brandywine Avenue to Paseo
Ranchero) and completion is anticipated for later this year. Staff considers that the City is
adequately protected by the posted bonds and recommends terminating the Deferral Agreement.
The City Attorney has already approved the proposed form of the termination.
FISCAL IMPACT: None to the City. All staff costs are being paid from developer's deposits.
Exhibit A: Deferral Property
Exhibit B: Termination Agreement
H:\HOME\ENGINEER\LANDDEV\Otay Ranch-McMillin\OR204F All3 Termination of Deferral Agreement Revision 3.DOC
5'-/
EXHiBiT "A"
\
C 3/R 45
'x. PROPERTY
, , R.44
/ /
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE AGREEMENT TO
TERMINATE THE DEFERRAL AGREEMENT AND
DECLARATION OF COVENANTS RUNNING WITH THE
LAND WITH McMILLIN OTAY RANCH LLC AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, on October 6, 1998, by Resolution No. 18286,
Council adopted the Otay Ranch SPA One Public Facilities
Financing Plan ("PFFP") which establishes cumulative Equivalent
Dwelling Units approved on final maps ("mapped EDUs") as trigger
points for constructing necessary infrastructure; and
WHEREAS, on April 20, 1999, by Resolution No. 19408,
Council approved an amendment to the PFFP, which excluded
Community Purposes Facilities (CPF) sites from the mapped EDUs
triggers; and
WHEREAS, on December 8, 1998, by Resolution No. 19297,
Council approved a Deferral Agreement and Declaration of
Covenants Running with the Land ("Deferral Agreement") with
McMillin wherein McMillin agreed to defer applying for building
permits for the C-3/R-45 and CPF-4 sites ("Deferral Property)
until Olympic Parkway (Brandywine Avenue to Paseo Ranchero) and
the widening of the Telegraph Canyon Road/Otay Lakes Road
Intersection were provided for by McMillin or others; and
WHEREAS, on September 14, 1999, by Resolution No.
19602, Council approved the First Amendment to Deferral
Agreement (Amendment) which deleted CPF-4 from the Deferral
Property and ensured consistency between the Deferral Agreement
and the amended PFFP; and
WHEREAS, recently, McMillin requested the City to
terminate the Deferral Agreement on the basis that all
construction obligations have been met since the widening of the
Telegraph Canyon Road/Otay Lakes Road intersection has already
been completed and accepted by the City and construction has
begun and security bonds have been posted for Olympic Parkway
(Brandywine Avenue to Paseo Ranchero) and completion is
anticipated for later this year; and
WHEREAS, staff considers that the City is adequately
protected by the posted bonds and recommends terminating the
Deferral Agreement and the City Attorney has approved the
proposed form of the termination.
1
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Agreement to Terminate
the Deferral Agreement and Declaration of Covenants Running with
the Land with McMillin Otay Ranch LLC, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Director of Public Works City Attorney
[H:\HOME\ATTORNEY\RESO~Te~inaiton of Deferral McMillin (January 24, 2001 (3:12pm)]
EXHIBIT B
Recording Requested By:
City of Chula Vista
When Recorded Return to:
The City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Clerk
AGREEMENT TO TERMINATE THE DEFERRAL AGREEMENT AND
DECLARATION OF COVENANTS RUNNING WITH THE LAND
THIS AGREEMENT TO TERMINATE THE DEFERRAL AGREEMENT AND
DECLARATION OF COVENANTS RUNNING WITH THE LAND (the "Agreement") is made and
entered into as of this __ day of _, 2001, by and between McMillin Otay Ranch, LLC, a
Delaware Limited Liability Company, ("Developer") and the City of Chula Vista, a municipal
corporation ("City"), with respect to the following facts:
RECITALS
A. On October 6, 1998, by Resolution No. 18286, Council adopted the Otay Ranch SPA
One Public Facilities Financing Plan ("PFFP") which establishes cumulative Equivalent Dwelling
Units approved on final maps ("mapped EDUs") as trigger points for constructing necessary
infrastructure.
B. On April 20, 1999, by Resolution No. 19408, Council approved an amendment to the
PFFP, which excluded Community Purposes Facilities (CPF) sites from the mapped EDUs
triggers.
C. On December 8, 1998, by Resolution No. 19297, Council approved a Deferral Agreement
and Declaration of Covenants Running with the Land ("Deferral Agreement") with Developer. In
order to ensure compliance with the PFFP, Developer agreed to defer applying for building permits
for the C-3/R-45 and CPF-4 sites ("Deferral Property) until Olympic Parkway (Brandywine Avenue
to Paseo Ranchero) and the widening of the Telegraph Canyon Road/Otay Lakes Road Intersection
were provided for by Developer or others.
D. On September 14, 1999, by Resolution No. 19602, Council approved the First
Amendment to Deferral Agreement (Amendment). This Amendment deleted CPF-4 from the
Deferral Property and ensured consistency between the Deferral Agreement and the amended PFFP.
EXHIBIT B
E. The Developer has requested that the City terminate the Deferral Agreement on the
basis that all construction obligations have been met. The widening of the Telegraph Canyon
Road/Otay Lakes Road intersection has already been completed and accepted by the City.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Deferral Agreement and Declaration of Covenants Running with the Land and First
Amendment to Deferral Agreement and Declaration of Covenants Running with the Land are hereby
terminated and shall have no force and effect as to the property described in both Exhibit A and
Exhibit B attached hereto.
(NEXT PAGE IS SIGNATURE PAGE)
EXHIBIT B
SIGNATURE PAGE TO AGREEMENT TERMINATING DEFERRAL AGREEMENT AND
DECLARATION OF COVENANTS RUNNING WITH THE LAND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first set forth above.
CITY OF CHULAVISTA McMILL1N OTAY RANCH, LLC, a
Delaware limited liability company,
By: McMILLIN COMPANIES, LLC, a
Shirley Horton, Mayor Delaware limited liability company
Its Managing Partner
Attest: By:
Title:
Susan Bigelow, City Clerk
By:
Approved as to Form: Title:
John M. Kaheny, City Attorney
EXHIBIT "A"
Lot 3 of Map No. 13649, in the City of Chula Vista, County of San Diego, State of California, filed
in the Office of the County Recorder of San Diego County, October 15, 1998.
EXHIBIT "B'
Lot 8 of Map No. 13605, in the City of Chula Vista, County of San Diego, State of California, filed
in the Office of the County Recorder of San Diego County, July 29, 1998.
HSHOME\ENGINEER\LANDDEV\Otay Ranch-McMilIin\DEFERKAL AGREEMENT Revision 3doc
COUNCIL AGENDA STATEMENT '
Item
Meeting Date 2/6/01
ITEM TITLE: Resolution Approving Lease Agreement Between the City Of Chula Vista
and the YMCA of San Diego County for the Lease of Certain Property in
Eucalyptus Park
SUBMITTED BY: Director of Public Works~ ~P~
REVIEWED BY: City Manager~y- ,~/ (4/5th Vote: Yes No x )
The South Bay YMCA has conducted their Community Service program at the Eucalyptus Park site
since 1964. Although the YMCA constructed a new multi-purpose facility in the Rancho Del Rey
areas in the eastern portion of the City, they desire to maintain a presence and a satellite program
in the western part of the City.
RECOMMENDATION: That Council approve lease agreement between the City of Chula Vista and
the YMCA of San Diego County for the lease of certain property in Eucalyptus Park.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION: The City and the YMCA initial lease agreement was executed on April 22, 1964,
granting the YMCA use of City property at Eucalyptus Park. As a condition of the initial lease, the
YMCA was given permission to construct a building at the location. The building received an
occupancy permit on May 17, 1967. Additional lease renewals were granted in 1986 and 1993.
The most current lease agreement expired on June 25, 1998. The YMCA continued operating their
programs on a month-to-month basis until a new lease agreement was executed.
A new Agreement was delayed because it was understood the YMCA would transfer all program
operations to the new facility in the Rancho Del Rey area. After careful evaluation of their mission,
the YMCA desired to maintain a presence in the western area of the City. City staff agreed a YMCA
presence at the Park would benefit the community. A Park Master Plan for Eucalyptus Park had
designated the building as a future park maintenance facility for the Downtown and Marina
maintenance crews. In light of the YMCA's continued operations, a new CIP Project for FY 01/02 is
being developed to construct a new maintenance facility in the northwest corner of the park (Fifth
Avenue and "C" Street).
The initial term of the new agreement is for five (5) years and will expire on January 1,2006. Upon
expiration of the initial term, the YMCA may request to extend the term of the lease for three (3)
successive five (5) year periods. The YMCA shall exercise the extension option by written notice to
and approval of the City ninety days prior to the expiration of the lease term in effect.
The Agreement reserves the City's right to require the YMCA to vacate the premises and to
terminate the lease anytime upon six (6) months written notice. The City may require termination
when necessary for the need by the City to utilize the park property for development or renovation.
The YMCA is responsible for maintenance of the premise in good order, condition and repair.
FISCAL IMPACT: The YMCA is responsible for all utility costs, possessory taxes, maintenance
costs and payment of $1 annual rent, payable in January each year.
H :\SHARED\Public Works Operations~A-113 YMCA Lease Agreement.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE YMCA OF SAN
DIEGO COUNTY FOR THE LEASE OF CERTAIN PROPERTY
IN EUCALYPTUS PARK, AND AUTHORIZING MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the South Bay YMCA has conducted their Community
Service program at the Eucalyptus Park site since 1964; and
WHEREAS, although the YMCA constructed a new mutli-
purpose facility in the Rancho del Rey area in the eastern portion
of the City, they desire to maintain a presence and a satellite
program in the western part of the City; and
WHEREAS, City staff agreed a YMCA presence at the Park
would benefit the community; and
WHEREAS, the initial term of the new agreement is for
five years and will expire on January 1, 2006 and the YMCA may
request to extend the term of the lease for three successive five
year periods.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Lease Agreement between
the City of Chula Vista and the YMCA of San Diego County for the
Lease of Certain Property in Eucalyptus Park, a copy of which shall
be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt J~ M. Kaheny/~ '
Director of Public Works C/i~y Attorney ~
[H \HOME\ATTORNEY/RESO\ YMCA LEASE (January 24, 2001 (2:42pm)]
LEASE AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR
THE LEASE OF CERTAIN PROPERTY IN EUCALYPTUS
PARK
THIS LEASE AGREEMENT is made and entered into this day
of between the City of Chula Vista, a
Municipal Corporation, as lessor, hereinafter called "City," and
YMCA of San Diego County, a California non-profit corporation, as
lessee, hereinafter called "YMCA;"
RECITALS:
WHEREAS, the City owns certain property, including all
improvements located upon the property, at Eucalyptus Park in the
City of Chula Vista.
WHEREAS, the YMCA desires to lease said property to conduct
their Community Service program.
WHEREAS, the activities offered by the YMCA benefit the
community.
WITNESSETH:
City hereby leases to YMCA and YMCA hereby leases from City,
certain property hereinafter described under the following terms
and conditions:
1. Subject Premises. City leases to YMCA a certain parcel of
real property, together with all current improvements thereon,
situated in the City of Chula Vista, County of San Diego, State of
California, commonly known as 50 Fourth Avenue, Chula Vista, and
mere particularly described as follows:
The southerly 150.00 feet of the eastedy 200.00 feet of
Lot 15 in Quarter Section 150 per Record Map No. 505
("Subject Premises").
2. Term. The initial term of this lease shall expire January
1, 2006, unless sooner terminated by the destruction of Subject
Premises, as herein defined, or otherwise as permitted by this
Agreement.
1
a. The Subject Premises shall be deemed destroyed for
the purpose of terminating this Lease at such time as (1) the
improvements thereon are, in whole or in part, ruined by a calamity
or a progressive degenerative process, such as rot, termites, etc.,
and, (2) the amount the City receives as compensation for the
damage from an insurance source or the YMCA is less than the City's
estimate of the cost of the repair. If the Subject Premises are
deemed terminated, the City may retain all of the proceeds for the
damage from the property'damage insurance source.
The YMCA shall retain proceeds from the personal property
clause. Nothing herein shall be deemed to relieve the YMCA for
damage to the premises they may have otherwise caused.
b. If the improvements on the Subject Premises are, in
whole or in part, ruined by a calamity or a progressive
degenerative process, the City shall be under no duty to the YMCA
to provide substitute or replacement facilities during any repair
or reconstruction of the Subject Premises, or to pay the rental
value thereof, regardless of cause of the damage to the Subject
Premises.
c. Extended Term. Upon the expiration of the Initial
Term, the YMCA may request to extend the term of the lease for
three (3) successive five (5) year periods. The YMCA shall exercise
the extension option by written notice to and approval of the City,
such notice to be provided no later than ninety (90) calendar days
prior to the expiration of the lease term then in effect. Unless
otherwise mutually agreed by the parties in writing, the terms and
conditions of this Agreement shall remain in effect during the
Extended Term.
d. Holdover Tenancy. In the event the YMCA elects not
to extend the Term but retains possession of the Premises upon the
expiration thereof, with the City's consent the YMCA's tenancy
shall be converted to a month to month arrangement, subject to
termination by the City upon one (1) months written notice, but
otherwise on the same terms and conditions then in effect.
e. The City reserves the right to require the YMCA to
vacate the premises and to terminate this lease anytime during the
course of the Agreement upon six (6) months written notice.
However, if the Holdover Tenancy has been triggered, Paragraph 2.d
2
shall prevail. The City may require such termination when necessary
for need by the City to utilize the park property for development
and/or renovation.
3. Rent. YMCA agrees to pay to City as rental for Subject
Premises the sum of $1.00 per year payable on January 1 of each
year during the term hereof; and in addition hereto, YMCA agrees to
do and perform the other covenants and agreements in this lease
contained each of which shall be considered as additional rent.
4. Purpose. YMCA shall use the Subject Premises solely for
the following purposes to wit: maintaining and operating thereon
the building and other facilities for use as a service and
recreational center for young people residing in the South Bay area
according to the standards of YMCA and for all reasonable and
lawful purposes incidental thereto. YMCA agrees to use Subject
Premises solely for the purposes herein stated.
5. Responsibility of YMCA.
a. YMCA shall keep the Subject Premises, building and
the property upon which the building is situated, free from any
liens arising out of the work performed, materials furnished, or
obligations incurred by YMCA. Failure to keep Subject Premises
free of liens shall constitute a major breach, and default, of the
covenants of this agreement and grounds for termination by City, at
City's sole option. It is intended by the parties hereto that City
has no obligation, in any manner whatsoever, to repair and maintain
the Subject Premises nor the structural improvements, including
any buildings, now located or to be constructed thereon, nor the
equipment now located or to be constructed therein, whether
structural or non structural, all of which obligations are intended
to be that of the YMCA, unless otherwise provided for in this
Agreement. YMCA expressly waives the benefit of any statute now,
or hereinafter in effect which would otherwise afford YMCA the
right to make repairs at City's expense or to terminate this Lease
because of City's failure to keep the Subject Premises in good
order, condition and repair.
b. YMCA hereby covenants and agrees that all utilities
and services necessary for the use and occupation of Subject
Premises shall be provided and paid for by YMCA.
c. YMCA shall not make any improvements or additions to
the building and Subject Premises without prior written approval of
the Deputy Director of Public Works. Said improvements and
additions shall include, but not be limited to, changes to the
exterior or interior, room additions, signs, and new plantings.
d. YMCA understands that the premise may be subject to
possessor interest tax. YMCA shall be responsible for the payment
of, and shall pay before delinquent, all taxes, assessments and
fees assessed or levied upon YMCA, on premise or any interest
thereon, any building, structures, machines, appliances or to the
improvements of any nature whatsoever or any interest therein, or
by reason of the business or other activities of YMCA upon, or in
connection with the premises. The failure of YMCA to pay such
levied tax, resulting in the establishment of a tax lien by any
taxing agency, shall constitute a major breach, and default, of
this lease and constitute grounds for recovery of possession by
City.
e. YMCA agrees to accept full responsibility for the
maintenance and repair of Subject Premises, including landscaping.
The City shall be responsible for maintenance of the existing
boundary fence on the Subject Premises. YMCA shall, at YMCA's sole
cost and expense, keep the Subject Premises and every part thereof,
excluding the boundary fence, in good condition and repair,
comparable to other property held by the City in the general
vicinity. YMCA shall, upon the expiration or sooner of the term
hereof surrenders the Subject Premises to City in the same
condition as when received, subject to reasonable wear and tear.
City shall have no obligations to alter, remodel, repair, decorate,
or paint the structures located upon the land, which is the subject
of this lease.
f. Anti-Discrimination
YMCA, for itself and its successors and assigns, agrees
that during the occupancy and use of the Subject Premises, YMCA
will not, with respect to its operation of the Subject Premises,
discriminate against any person because of race, color, creed,
religion, sex, sexual orientation, marital status, age, handicaps,
ancestry or national origin. In addition, YMCA agrees to cause the
Subject Premises to be in compliance with the requirements of the
Americans With Disabilities Act, and regulations promulgated
4
thereunder.
6. Compliance with Laws and Regulations. YMCA agrees to
maintainand operate Subject Premises in compliance with all laws,
rules and regulations applicable thereto.
a. YMCA agrees to provide City reasonable access to the
Premises to allow City staff or a designee of the City to perform
any renovations necessary to comply with the Americans with
Disabilities Act.
b. Renovations undertaken by City to comply with the
Americans with Disabilities Act shall be funded by the City. With
proper notification, YMCA may be requested to partially or fully
vacate the premises during the construction period.
7. Termination.
a. In the event that YMCA fails to maintain and operate
Subject Premises for the principal purpose for which the same are
hereby demised or fails to maintain reasonable and adequate
supervision and maintenance of Subject Premises or further fails to
remedy any such faults or defects within 30 days after written
notice to do so from the City, then City may elect to terminate and
cancel this lease.
b. Ail of the conditions and covenants contained herein
to be performed by YMCA shall be deemed to be conditions of YMCA s
right to possession of the Subject Premises, and if after 30 days
written notice to YMCA, any default in said conditions is not
remedied or corrected or performed to City's satisfaction, City
shall have the right to re-enter the Subject Premises, remove YMCA
and retake possession thereof.
C. In the event that YMCA abandons Subject Premises, the
city may elect to terminate this lease. Abandonment is herein
defined to include, but is not limited to, any absence of YMCA
from the Subject Premises for fifteen (15) days or longer while in
default of any provision of this lease except where excused by law
or circumstances beyond YMCA's control.
8. Representatives of Parties to Agreement. The following
are designated as representatives of parties to this agreement:
5
a. City designates the Deputy Director of Public Works
as its representative in all matters under this contract (except
execution hereof) and all notices given to the City shall be so
addressed to the above designated representative at 276 Fourth
Avenue, Chula Vista, CA 91910.
b. YMCA designates its President as the representative
under this contract and all notices sent to YMCA shall be addressed
to the above-designated representative at 4715 Viewridge, Suite
100, San Diego, CA 92123.
9. Assignment. Neither this agreement nor any duties or
obligations hereunder shall be assignable by YMCA without prior
written consent of the city, which consent may be withheld in the
discretion of the City. In the event of an assignment by YMCA to
which the City has consented, the assignee or its legal
representative shall agree in writing with the City to assume,
perform, and be bound by the covenants, obligations, and agreement
contained herein. Any consent to an assignment shall not, in the
absence of express provisions to the contrary, constitute a release
of the YMCA from the provisions of this Agreement.
10. Successors and Assigns. Subject to the provision
regarding assignment, this agreement shall be binding on the heirs,
executors, administrators, successors, and assigns of the
respective parties.
11. Attorney's Fees. If any action at law or inequity is
brought to enforce or interpret the provisions of this agreement,
the prevailing party shall be entitled to reasonable attorney's
fees in addition to any other relief to which it may be entitled.
12. Modification of Agreement. This Agreement may be
amended by reason of changes in the scope of the purpose as
described herein and the amount of any adjustment shall be
determined by negotiations to the mutual satisfaction of the City
and YMCA. Said amendments must be in writing.
13. Indemnities and Insurance.
a. Indemnity.
YMCA shall indemnify and hold harmless City from and
6
against any and all claims arising from YMCA's use of the Subject
Premises (including specifically, but not limited to, deposit of
toxic or hazardous material in or about the Subject Premises, or
uses of such material in any structure on the premises) or from the
conduct of YMCA's business or from any activity, work or things
done, permitted or suffered by YMCA in or about the Subject
Premises or elsewhere and shall further indemnify and hold harmless
City from and against any and all claims arising from any breach or
default in the performahce of any obligation on YMCA's part to be
performed under the terms of this Lease, or arising from any
negligence of the YMCA, or any of YMCA's agents, contractors, or
employees, and from and against all cost, attorney,s fees, expenses
and liabilities incurred in the defense of any such claim or any
action or proceeding brought thereon; and in case any action or
proceeding be brought against City by reason of any such claim,
YMCA upon notice from City, shall defend the same at YMCA's expense
by counsel satisfactory to City. YMCA, as a material part of the
consideration to City, hereby assumes all risk of damage to
property or injury to persons, in, upon or about the Subject
Premises arising from any cause and YMCA hereby waives all claims
in respect thereof against City.
b. Exemption of City from Liability.
YMCA hereby agrees that City shall not be liable for
injury to YMCA's business or any loss of income therefrom or for
damage to the goods, wares, merchandise or other property of YMCA,
YMCA's employees, invitees, customers, or any other person in or
about the Subject Premises, nor shall City be liable for injury to
the YMCA, YMCA's employees, agents or contractors, whether such
damage or injury is caused by or results from fire, flood, rain,
water, steam, electricity, gas, or from the breakage, leakage,
obstruction or other defects of the land, grading, elevation of the
land, pipes, wires, appliances, plumbing, or from any other cause,
whether the said damage or injury results from conditions arising
upon the Subject Premises or from other sources or places and
regardless of whether the cause of such damage or injury or the
means of repairing the same are inaccessible to YMCA. City shall
not be liable for any damages arising from any act or neglect of
any other tenant, if any, of the land adjacent to the Subject
Premises leased by City.
c. Liability Insurance.
YMCA shall, at YMCA's expense obtain and keep in force
during the term of this lease a policy of Bodily Injury insurance
insuring City and YMCA against any liability arising out of the
ownership, use, occupancy or maintenance of the Subject Premises
and all areas appurtenant thereto. Such insurance shall be a
combined single limit policy in an amount not less than $2,000,000
per occurrence. The limits of said insurance shall not, however,
limit the liability of YMCA hereunder.
d. Property Insurance.
YMCA shall obtain and keep in force during the term of
this Lease a policy or policies of insurance covering loss or
damage to the Subject Premises, in the amount of the full
replacement value thereof, as the same may exist from time to time,
which replacement value is now $500,000, but in no event less than
the total amount required by lenders having liens on the Subject
Premises, against all perils included with the classification of
fire, extended coverage, vandalism, malicious mischief, flood, and
special extended perils ("all risk" as such term is used in the
insurance industry). Said insurance shall provide for payment of
loss thereunder to City and to the holders of mortgages or deeds of
trust on the Subject Premises. If the YMCA shall fail to procure
and maintain said insurance the City may, but shall not be required
to, procure and maintain the same, but at the expense of YMCA. If
such insurance coverage has a deductible clause, the deductible
amount shall not exceed $1,000 per occurrence, and YMCA shall be
liable for such deductible amount.
e. Insurance Policies.
Insurance required hereunder shall be in companies
holding a "General Policyholders Rating" of at least A, or such
other rating as may be required by a lender having a lien on the
Subject Premises, as set forth in the most current issue of "Best's
Insurance Guide." The YMCA shall deliver to the City copies of
policies of such insurance or certificates evidencing the existence
and amounts of such insurance with loss payable clauses as required
by this Section. No such policy shall be cancelable or subject to
reduction of coverage or other modification except after thirty
(30) days prior written notice to City. YMCA shall, at least
thirty (30) days prior to the expiration of such policies, furnish
City with renewals or "binders" thereof, or City may order such
insurance and charge the cost thereof to YMCA, which amount shall
be payable by YMCA upon demand. YMCA shall nQt do or permit to be
done anything which shall invalidate the insurance policies
referred to in this Section. If YMCA does or permits to be done
anything which shall increase the cost of the insurance policies
referred to in this Section, then YMCA shall forthwith upon City's
demand reimburse City for any additional premiums attributable to
any act or omission or operation of YMCA causing such increase in
the cost of insurance. All insurance policies shall name the City
as an additional insured.
f. Waiver of Subrogation.
YMCA and City each hereby release and relieve the other,
and waive their entire right of recovery against the other for loss
or damage arising out of or incident to the perils insured against
under this Section, which perils occur in, on or about the Subject
Premises, whether due to the negligence of City or YMCA or their
agents, employees, contractors and/or invitees. YMCA and City
shall, upon obtaining the policies of insurance required hereunder,
give notice to the insurance carrier or carriers that the foregoing
mutual waiver of subrogation is contained in this Lease.
g. The amount of coverage required by the City pursuant
to this agreement may be amended by the City upon 120 days notice
to YMCA. Failure of YMCA to maintain said policy shall be grounds
for termination of this lease.
14. Subleases.
YMCA shall not sublease any portion of the building or
Subject Premises without prior written approval of the Library and
Recreation Director.
15. Entire Agreement.
This Agreement supersedes any prior agreement and
contains the entire agreement of the Parties on the matters
covered. No other agreement, statement or promise made by any Party
or by any employee, officer or agent of any Party that is not in
9
writing and signed by all Parties shall be binding.
16. Governing Law.
This Agreement has been executed in and shall be governed
by the laws of the State of California.
17. Invalidity.
If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or enforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
18. Waivers.
The waiver by one Party of the performance of any
covenant, condition or promise shall not invalidate this Agreement,
nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both Parties of the
time for performing any act shall not constitute a waiver of the
time for performing any other act or an identical act required to
be performed at a later time. The exercise of any remedy provided
in this Agreement shall not be a waiver of any consistent remedy
provided by law, and any provision of this Agreement for any remedy
shall not exclude other consistent remedies unless they are
expressly excluded.
19. Condemnation.
If the Subject Premises or any portion thereof are taken
under the power of eminent domain, or sold under the threat of the
exercise of said power (all of which are herein called
"condemnation"), this Lease shall terminate as to the part so taken
as of the date the condemning authority takes title or possession,
whichever first occurs.
(End of page. Next page is Signature Page.)
10
SIGNATURE PAGE TO LEASE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA
AND YMCA OF SAN DIEGO COUNTY
CITY OF CHULA VISTA YMCA OF SAN DIEGO COUNTY
Shirley Horton, Mayor Titie: ~'JE~'~,~/OT
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM BY
City Attorney
H: ~Home \At t orney~Agree~YMCA
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 02/06/01
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
approving a three party agreement between the City of Chula Vista; P&D
Environmental, Consultant; James H. Algert and Flatirons, LLC,
Applicant, foe land use consulting services related to the preparation of a
Subsequent EIR for Vista Mother Miguel, and authorizing the Mayor to
execute said agreement.
SUBMITTED BY: Director of Planning and Building,~'
REVIEWED BY: City Manager off (4/5ths Vote: Yes No X )
The applicant, James Algert and Flatirons, LLC, has filed a Precise Plan application for Villa
San Miguel, a 40 unit single-family residential subdivision. The Environmental Review
Coordinator has determined that the proposed project requires the preparation of a Subsequent
Environmental Impact Report (EIR). This report requests that the City Council approve the
proposed contract with P&D Environmental for an amount not to exceed $7 1,638 to provide
consultant services for the preparation of the CEQA required environmental documents for the
proposed project.
RECOMMENDATION:
That the City adopt Resolution of the City Council of the City of Chula Vista
approving a three party agreement between the City of Chula Vista~ P&D Environmental,
Consultant; and James H. Algert and Flatirons, LLC, Applicant, for environmental consulting
services related to the preparation of a Subsequent EIR, for Vista Mother Miguel and authorizing
the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The applicant, James Algert and Flatirons, LLC, has filed a Precise Plan application proposing 40
single-family residences. Other discretionary actions required as part of this application that must
be addressed by the proposed Subsequent EIR include a tentative subdivision map and annexation
Item:
Meeting Date: 02/06/01
to the City of Chula Vista, which will occur subsequent to approval of the Precise Plan. The Precise
Plan will establish the land use plan, zoning and design for the project.
Pursuant to the California Environmental Quality (CEQA), the Environmental Review Coordinator
has determined that the proposed project requires the preparation of a Subsequent Environmental
Impact Report. Planning and Building Department staff does not have the available time or
expertise to prepare the needed Environmental Impact Report. Therefore, the applicant proposing
the project must enter into a three-party agreement for the preparation of the CEQA documentation.
Consultant Services Selection Process
The total cost of the contract for consulting services is $71,638. Because the cost exceeds $50,000
the contract must be awarded by the City Council pursuant to the procedures specified in Section
2.56.110(3) of the Chula Vista Municipal Code.
A request for proposal was distributed to the 53 persons or firms included on the City's list of
qualified Environmental Consultants, and five proposals were received. The Selection Committee
appointed by the City Manager invited four firms to interview. The Selection Committee reviewed
and ranked the proposals based on company experience, quality of management team, capacity to
perform the work, grasp of the project requirements and scope, proposal quality and clarity,
familiarity with local area and procedures, billing rates, and performance record.
The Environmental Review Coordinator and the Selection Committee have determined that P&D
Environmental has demonstrated unique qualifications to serve as the Consultant for this
contract. P&D Environmental prepared the Subsequent Environmental Impact Report (EIR)
for the San Miguel Ranch General Plan/General Development Plan Amendment (GP/GDPA
that evaluated the Vista Mother Miguel at the GPA level. This project is the next tier to the
Subsequent EIR for the San Mignel Ranch GPA/GDPA.
P&D Environmental represents, and the City concurs, that they are experienced and staffed in a
manner such that they can prepare and deliver the required services within the necessary time
frames. The Environmental Review Coordinator has negotiated the details of these agreements
in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures.
The proposed contract contains the conditions required by the Municipal Code, which includes
scope, work plan, schedule, costs, fee, method of payment, duration, and indemnification.
The City Risk Manager and the City Attorney's Office have reviewed and approved the form of
the contract.
Item:
Meeting Date: 02/06/01
FISCAL IMPACT:
There would be no resulting impact to the General Fund. The applicant, James H. Algert and
Flatrions, LLC (not the City) will fully compensate the consultant. The contract amount for
consulting services is $71,638. The contract allows the Contract Administrator, subject to
approval of the applicant, to negotiate additional fees not to exceed 25 % of the total contract
amotmt ($14,328) to cover unforeseen issues that may be identified during the preparation of the
SEIR.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; P&D ENVIRONMENTAL, CONSULTANT; AND
JAMES H. ALGERT AND FLATIRONS, LLC, APPLICANT FOR
CONSULTING SERICES FOR PREPARATION AND SUBMITTAL OF
A SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR VISTA
SAN MIGUEL AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the Applicant has deposited or will deposit an initial sum for the consulting
services necessary for the preparation of the Subsequent Environmental Impact Report for Vista
Mother Miguel; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, pursuant the Califomia Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed project requires the preparation of a
Subsequent E1R; and
WHEREAS, a Request for Proposal was distributed to the 53 persons or firms included on
the City's list of qualified Environmental Consultants, and five proposals were received by the City;
and
WHEREAS, the City Manager appointed a selection committee which has in accordance
with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above noted
Consultant perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW THERERFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a three-party agreement between the City of Chula Vista; P&D
Environmental ("Consultant") and James H. Algert and Flatirons, LLC ("Applicant") for
consulting services for preparation and submittal of a Subsequent Environmental Impact Report
for Vista Mother Miguel.
BE IT FURTHER RESOLVED that the Mayor of the City of City of Chula Vista is
hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Robert A. Leiter fohn M.0~aheny
Director of Planning and Building City Attorney
H:~HOME~PLANNING~EDALIA[EIR-00-01VistaMotherMiguel~P&D Contract RESO.doc
Three Party Agreement
Between
City of Chula Vista,
P&D Environmental, Consultant; and
James H. Algert and Flatirons, LLC, Applicant
For Consulting Work to be Rendered
With regard to Applicant's Project
I. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the
purposes of reference only, and effective as of the date last executed by the parties hereto,
between the City of Chula Vista ("City") herein, a municipal corporation of the State of
California, the person designated on the attached Exhibit A as "Consultant" P&D Environmental
whose business form and address is indicated on the attached Exhibit A, and the person
designated on the attached Exhibit A as "Applicant", James H. Algert and Flatirons, LLC whose
business form and address is indicated on the attached Exhibit A, and is made with reference to
the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land ("Property") commonly
known as, or generally located as, described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the Project described on
Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for
approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A,
Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the
general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process
the application within the time frame requested for review by the Applicant.
2.5. This Agreement proposes an arrangement by which Applicant shall
retain, and be liable for the costs of retaining, Consultant, who shall perform the services,
required of Consultant by this Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the background for this
Agreement are set forth on Exhibit B.
3. Agreement
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole
cost and expense, to perform to, and for the primary benefit of, City, and solely at City's
direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General
Nature of Consulting Services", ("General Services"), and in the process of performing and
delivering said General Services, Consultant shall also perform to and for the benefit of City all
of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work",
("Detailed Services"), and all services reasonable necessary to accomplish said General Services
and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein,
all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6,
and if none are set forth, within a reasonable period of time for the diligent execution of
Consultant's duties hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to
and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so
in a good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant
without regard to the conclusions reached by the Consultant, and according to the terms and
conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated
by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within
15 days of Applicant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
2
3.2.1. Additional Work.
If the Applicant, with the concurrence of City, determines that additional
services ("Additional Services") are needed from Consultant of the type Consultant is qualified
to render or reasonably related to the Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that
additional work is required to be performed above and beyond the scope of work herein
provided, City will consult with Applicant regarding the additional work, and if thereupon the
Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its
option, suspend any further processing of Applicant's Application until the Applicant shall
deposit the City's estimate of the costs of the additional work which the City determines is or
may be required. Applicant shall pay any and all additional costs for the additional work.
3.2.2. Reductions in Scope-of-Work.
City may independently, or upon request from Consultant, from time to
time reduce the Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction. Upon failure to
agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials
budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit.
As security for the payment of Consultant by Applicant, Applicant shall,
upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated
on Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain
from said Deposit all costs incurred by City for which it is entitled to compensation by law or
under the terms of this Agreement.
3.3.1.1.2. All interest earned on the Deposit
Amount, if any shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu
of deposit into a separate bank account, separately account for said deposit in one or more of its
various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust,
the average interest earned during the period on its general fund.
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3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned to Applicant not later than 30
days after the termination of this Agreement and any claims resulting there from.
3.3.1.1.4. Applicant shall be notified within 30
days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the
Deposit in the manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably
determine that inadequate funds remain on Deposit to secure future compensation likely due
Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in_
such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days
pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount
or Amounts shall be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of
Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to
withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate
Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsuttants employed by it
in connection with the Services required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of"A, Class V" or
better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined
single limit applied separately to each project away from premises owned or rented by
Consultant, which names City and Applicant as an Additional Insured, and which is primary to
any policy which the City may otherwise carry ("Primary Coverage"), and which treats the
employees of the City and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General
Liability policy.
4
4.2. · Proof of Insurance Coverage.
4.2.1. Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial General
Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
4.3.1. All public statements and releases to the news media shall be
the responsibility of the City and the Applicant. The Consultant shall not publish or release news
items, articles or present lectures on the Project, either during the course of the study or after its
completion, except on written concurrence of the City and Applicant.
4.3.2 The environmental document and all documents completed
or partially completed pursuant to this Agreement shall be the sole property of the City and the
Consultant shall not distribute, disseminate, publish, or use any portion of the document, or
submit it for awards or recognition without prior ~vritten authorization from the City.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of
the City, or by writing an exact copy of which is simultaneously provided to City, except with
the express consent of City. The Consultant may request such meetings with the Applicant to
ensure the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Applicant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and
access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval of the Applicant.
Consultant shall promptly repair any damage to the subject property occasioned by such entry
and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection ~vith or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of
the City, or by writing an exact copy of which is simultaneously provided to City, except with
the express consent of City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this Agreement.
7. Conflicts o£Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant
is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest
and disclosure provisions, and shall report his economic interests to the City Clerk on the
required Statement of Economic Interests in such reporting categories as are specified in
Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall
not make, or participate in making or in any way attempt to use Consultant's position to influence
a govenunental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the Fair
Political Practices Commission, and has determined that Consultant does not, to the best of
6
Consultant's knowledge, have an economic interest which would conflict with Consultant's duties
under this Agreement.-
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant shall not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant shall immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's, which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated there
under.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant Associates")
presently have any interest, directly or indirectly, whatsoever in the property which is the subject
matter of the Project, or in any property within 10 radial miles from the exterior boundaries of
the property which is the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party, which may be in conflict with Consultant's responsibilities under this
Agreement.
7
8. Default of the Consultant for Breach.
This Agreement may be terminated by the CITY for default if the Consultant
breaches this Agreement or if the Consultant refuses or fails to pursue the work under this
Agreement or any phase of the work with such diligence, which would assure its completion
within a reasonable period of time. Termination of this Agreement because of a default of the
Consultant shall not relieve the Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the
CITY shall have the absolute right at any time to terminate this Agreement or any work to be
performed pursuant to this Agreement.
9.2. In the event of termination of this Agreement by the CITY in the absence
of default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this Agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage
or compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this Agreement, and upon demand of the
City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans,
drawings and all other materials and documents prepared by the Consultant in performance of
this Agreement, and all such documents and materials shall be the property of the City; provided
however, that the Consultant may retain copies for their own use and the City shall provide a
copy, at Applicant's cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this Agreement, against the City, unless a
claim has first been presented in writing and filed with the City of Chula Vista and acted upon by
the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully
set forth herein.
8
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in
connection with the execution of the work covered by this Agreement, except only for those
claims arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees, or Applic'ant, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in
defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Applicant, defend any
such suit or action brought against the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
! 1.2. Applicant to Indemni(y City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from
any and all claims, losses, damages, expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the City ("City Indemnities"), in any
way resulting from or arising out of the refusal to pay compensation as demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply
with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to
obtain such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant
shall have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing. All notices, demands and requests to be sent to any party
shall be deemed to have been properly given or served if personally served or deposited in the
United States mail, addressed to such party, postage prepaid, registered or certified, with retum
receipt requested, at the addresses identified for the parties in Exhibit A.
9
13.3. . Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally
required to be given shall in itself create the right in the parties to any other or further notice or
demand in the same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or
contemplated herein,' embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that
it has legal authority and capacity and direction from its principal to enter into this Agreement;
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be brought
only in the federal or state courts located in San Diego County, State of California, and if
applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective
unless the same shall be in writing and signed by the parties hereto, and then shall be valid only
in the specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall
be deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined
to be invalid, illegal, or unenfomeable in any respect, the parties hereto shall negotiate in good
10
faith and agree to such amendments, modifications, or supplements to this Agreement or such
other appropriate action as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties as reflected herein.
l 3.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
13.1 l. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of
any rights or remedies which the parties might otherwise have unless this Agreement provides to
the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this Agreement may have an
affect upon persons not parties hereto, the parties specifically intend no benefit there from, and
agree that no performance hereunder may be enforced by any person not a party to this
Agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an
express third party beneficiary of the promises of Consultant to provide services paid for by
Applicant.
(End of Page. Next Page is Signature Page.)
11
Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of this
Agreement, do hereby express their consent to the terms hereof by setting their hand hereto on
the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
Shirley Horton, Mayor
Approved as to Form: Attest:
Jol~. Kaheny, City AttoCdey Susan Bigelow, City Clerk
Dated: Consultant:
P&D Environmental
Charles Moore, Vice President
Dated: xf,4A/..~'C)., 2c~c> ! Applicant:
James H. Algert and Flatirons, LLC
J~r~es H. XtlgertS(~ner '
Hugh G. Creager, President -
Flatirons, LLC
12
7 - / 7
Exhibit "A"
Reference Date of Agreement: February 6, 2001
Effective Date of Agreement: February 6, 2001
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: P&D Environmental, (619) 232-4466
Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 401 West "A" Street, Suite 2500, San Diego, CA. 92101
Applicant: James H. Algert and Flatirons, LLC, (619) 420-7090
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Limited Liability Company
Address: 428 Broadway, Chula Vista, CA 91910
1. Property (Commonly known address or General Description):
The Vista Mother Miguel property consists of two parcels totaling 10.13 acres and is located
directly adjacent (north of the northern central portion) to the south parcel of San Miguel
Ranch. To the north, the hill slopes down to SDG&E's Miguel substation; to the south is
Proctor Valley. Mother Miguel Mountain is located to the east.
The site is designated Low-Medium Residential (LM, 3-6 dwelling units per acre) on the
Chula Vista General Plan (GPA 96-02, approved 12/17/96), as is that portion of the San
Miguel Project immediately to the south. The General Plm~ also designates the area to the
north, east and west as open space.
The project site is on the crest of a ridge and has sweeping views of the surrounding area, and
full exposure to the influences of the Pacific Ocean approximately seven miles to the west.
The natural biotic communities of the project vicinity consist of coastal sage scrub and
grasslands on most of the gently sloping lower elevation foothill areas. Coastal sage scrub
occupies the steeper slopes and areas with thin soils and the grasses dominant areas with
thick, loamy soils. Southern oak woodlands and chaparral are frequently found in the valleys
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and in many higher elevation areas especially on north-facing slopes. The surrounding area
includes canyons with full-time or intermittent stream flows, which support riparian scrub or
woodlands, usually dominated by willows and cottonwood and sycamore, which are also
frequently present.
2. Project Description ("Project"):
P&D Environmental shall prepare a Subsequent EIR ("SEIR") for Vista Mother Miguel.
3. Entitlements applied for:
Proposed discretionary actions include: Precise Plan, and Tentative Subdivision Map and
Annexation.
4. General Nature of Consulting Services ("Services--General"):
P&D Environmental shall prepare a SEIR for Vista Mother Miguel. The SEIR shall be a
"tiered" SEIR from the Final SEIR for the San Miguel Ranch General Plan Amendment and
General Development Plan Amendment EIR-95-04, dated November 1996 (hereinafter
referred to as the "previous EIR").
5. Detailed Scope-of-Work ("Detailed Services"):
P&D Environmental shall work closely with the City of Chula Vista staff and shall ensure
that the Vista Mother Miguel SEIR shall meet the City's needs. The SEIR must comply with
the current California Environmental Quality Act (CEQA) of 1970 (Public Resources Code
Section 21000 et seq.); the current State CEQA guidelines (California Administration Code
section 15000 et seq.); the Environmental Review Procedures of the City of Chula Vista; and
the regulations, requirements, and procedures of any responsible public agency or any agency
~vith jurisdiction by la~v. All Detailed Services described herein shall be performed by P&D
Environmental to the satisfaction of the Environmental Review Coordinator.
P&D Environmental shall consult with all trustees and responsible agencies, agencies having
jurisdiction by law and any other person or organization having control over or interest in the
project.
The Draft and Final SEIR shall be prepared in such a manner that they will be meaningful
and useful to decision-makers and to the public. Technical data should be summarized in the
body of the report and placed in an appendix. All public documents shall be prepared in
accordance with the standards of the California Association of Environmental professionals.
The SEIR shall be prepared to include the sections of an Environmental Impact Report, as set
forth in State CEQA Guidelines Section 15122 - 15131. The document shall be formatted as
directed by the City and shall include, but not be limited to the following sections:
· Table of Contents
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· Executive Summary
· Introduction
· Project Description
· Environmental Setting
· Environmental Impact Analysis
· Cumulative Impacts
· Growth Inducing Impacts
· Alternatives
· Mitigation Monitoring & Reporting Program
· Irreversible Environmental Changes
· Effects Found~not to be Significant
· References, Persons and Agencies Contacted and EIR Preparation
P&D Environmental shall compile supporting documents into separate volume(s) to be
referred to as the Appendices to the EIR. The Appendices shall include the Notice of
Preparation (NOP), responses to the NOP and any technical reports generated for the EIR
including the air quality, noise, drainage and traffic along with relevant technical information
provided by the project applicant.
TASK DESCRIPTION:
In providing environmental services for the Vista Mother Miguel SEIR, P&D Environmental
shall perform the following tasks:
Taskl- Project lnitiation/Kickoff Meeting
The Consultant's Project Manager shall meet, upon request of the City with City staff and the
applicant to review the proposed project and obtain project information. For that meeting the
Consultant shall prepare an environmental team contact list and distribute to all team
members. This list will provide names, phone numbers, addresses, and areas of
responsibility and will include p[oject applicant representatives and City staff as well as the
Consultant's team members.
Immediately thereafter, the Consultant shall prepare the project description based on
materials provided by the City and the applicant. The Consultant shall also develop the
project alternatives to be included in the EIR. The project description and the description of
alternatives shall be distributed by the Consultant to all subconsultants as necessary, and shall
serve as a common basis for analysis. In addition, the Consultant shall augment, format,
illustrate, and incorporate these descriptions into the SEIR.
P&D Environmental shall prepare the Notice of Preparation (NOP) text and graphics
(regional, vicinity and site map) and an Initial Study to the satisfaction of the Environmental
Review Coordinator. The Initial Study shall be appended to the NOP. A master copy of the
final approved NOP shall be provided to the City in Microsoft Word 2000.
As a result of the project initiation meeting, the time frames for deliverables set forth herein
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may be evaluated at the City's option and may be adjusted to meet the needs of the City and
Deliverable No. 1: Final Notice of Preparation (NOP) & Initial Study. Master Copy
of final approved NOP in Microsoft Word 2000. ~:
Task 2 - Prepare Screencheck Draft SEIR
P&D Environmental shall assemble all available data, prepare technical studies, and provide
an assessment of probable short- and long-term cumulative impacts of the project. Potential
impacts shall be ~addressed on a "plan to plan" and "plan to ground" 'basis. · P&D
Environmental is responsible for disclosing environmental impacts and determhaing which
impacts are significant. P&D Environmental will prepare mitigation measu_r.es that could be
carried out to reduce or eliminate adverse impacts of the proposed project. The SEIR as well
as technical studies, as directed by staff, shall also analyze all feasible alternatiVes 10 the
project as proposed. P&D Environmental shall prepare a Mitigation Monil~ring. and
Reporting Progran~ (MMRP), CEQA findings of Fact, and a Statem6fit of Qvetriding
Considerations...~
The Screencheck Draft SEIR shall specify which mitigation measures have b~ incorporated
into the project and which feasible mitigation measures have not, but '~Iiich could be
incorporated as part of the project. The Draft and Final SEIR shall also 'i'~l~'~tify feasible
alternatives that could reduce the adverse impacts but are not proposed by the pr_op°~_ent..
The document shall include, but not be limited to an analysis of the following sections:
Table of Contents
The Table of Contents shall include a list of the SEIR contents, tables, and: figures, an6
exhibits.
Executive Summary
P&D Environmental shall provide an overview of the proposed Vista Mother Miguel Pre.cise
Plan, including a list of required discretionary approvals. The summary shall also include a
summary of impacts and mitigation measures as well as a summary of alte~a~;~ to the
proposed project
Introduction
P&D Environmental shall define the purpose, scope and legislative authority ~f the S~IR,
requirements of the California Environmental Quality Act (CEQA) and other pertinent
environmental roles and regulations. Describe the Environmental Impact ReporL,process.
Describe the SEIR structure and required contents and its relationship to LAFC-O~a~nd..Other
potential responsible or trustee agencies. ·
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Environmental Setting
P&D Environmental shall provide a description of the existing site conditions, including a
description of the natural resources contained on the project site. Provide an overview of the
local and regional environmental setting of the project (Ref. CEQA Guidelines Section
15125).
Project Description
P&D Environmental shall provide the project location within the regional context, a legal
description of Vist~ Mother Miguel Precise Plan including proposed land uses and circulation,
a list of required discretionary actions and approvals and its relationship to the San Miguel
Ranch, General Plan Amendment, General Development Plan Amendment FSEIR-95-04
(Program EIR). Provide an overview of the project background and history, the project
objectives and a list of required discretionary permits and approvals.
Environmental Analysis
Each environmental impact section of the SEIR shall contain a discussion of the existing
conditions, potential environmental impact, recommended mitigation measures to
significantly reduce or avoid the impact(s), and an analysis of significance (Reft CEQA
Guideline 15126). The following environmental issues shall be addressed in the SEIR.
Landform/Visual Quality
The SEIR shall analyze the impact of proposed site development on the existing landform and
community character. In addition, this section shall address the visual impact of the proposed
project from public vantage points.
Biology
P&D Environmental shall review the results of the following relevant biological studies, and
any additional biological resource information available, for accuracy and adequacy and if
determined complete incorporate them into the SEIR:
l) Biological Resources Report, Algert Property, San Diego County, California, Prepared by
P&D Environmental, February 1998;
2) Field Reconnaissance on the Mother Miguel Parcel for Suitable Habitat for the Otay
tarplant and host plants for the Quino Checkerspot survey, prepared by P&D
Environmental, August 11, 1999;
3) Biological Resources Technical Appendix, Final Subsequent Environmental Impact
Report, EIR-95-04, General Plan Amendment, General Development Plan Amendment,
P&D Environmental, November 1996;
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4) Quino Checkerspot Butterfly Field Reconnaissance Survey to be followed by a letter
report of findings, June 2000; and
5) Focused Survey for Otay Tarplant, August 2000, P&D Envirornnental.
If determined not to be complete by P&D Environmental, P&D Environmental shall identify
additions necessary to deem the technical studies complete and determine if additional
analysis is required.
P&D Environmental shall quantify biological impacts and propose mitigation measures in
accordance with the County Multiple Species Conservation Program (MSCP) Subarea Plan
Biological Goals and Preserve Design criteria for the Metro/Lakeside/Jamul Segment. The
Consultant shall address development through the County Biological Mitigation Ordinance
(BMO). The Consultant shall address the proposed annexation in accordance with the 2001
Draft Chula Vista Subarea Plan.
Drainage
P&D Environmental shall review the previous drainage study (Drainage and Water Quality
Study for San Miguel Ranch, Rick Engineering Company, 1996) and any additional drainage
studies provided by the Applicant, to determine if there are any ne~v project related drainage
and storm-water runoff impacts and to assure that Vista Mother Miguel is in substantial
conformance with the findings of the previous EIR.
Transportation
P&D Environmental, through their subconsultant Linscott, Law & Greenspan (LLG), shall be
responsible for preparation of the traffic analysis. In this capacity, LLG will review the
previous traffic studies completed in the nearby area which include the following:
1) Transportation Technical Appendix, San Miguel Ranch General Plan Amendment,
General Development Plan Amendment, FSEIR-95-04; BRW, August 1996;
2) San Miguel Ranch Sectional Planning Area (SPA) Plan Traffic Study, BRW, 1999.
3) East "H" Street Focused Capacity Analysis 1999-2000, San Miguel Ranch Public Finance
Facility Plan, Wildan & Associates, June 1999;
4) East "H" Street Capacity Analysis1999-2005, LLG, April 1999; and
5) East "H" Street Intersection Analysis, LLG, March 2000.
They (P&D Environmental through LLG) will ensure that the project has been included in
previous traffic models. Utilizing existing conditions traffic data from other traffic studies,
they shall determine the project traffic generation. They shall distribute and assign project
traffic to the street system. Using the SANDAG Series 9 Traffic Model, they shall state the
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built-out intersection and street segment Level of Service (LOS) within the project. They
shall determine the intersection and street segment LOS without the project. They shall
prepare a letter report outlining the findings of the analysis. P&D Environmental shall
incorporate the findings in the SEIIR and prepare a section documenting the existing
conditions (based upon recent traffic reports) and impact analysis and any required mitigation
measures.
Air Quality
P&D Environmental, through their subconsultant Hans Giroux, shall update the air quality
technical analysis,'verify the prior findings, and provide project specific mitigation measures.
P&D Environmental shall incorporate the findings into the SEIR.
Noise
P&D Emfironmental, through their subconsultant Hans Giroux, shall prepare a noise study to
assess potential impacts associated with short-term construction and vehicular impacts
(utilizing the projected traffic counts). Noise impacts shall be related to the established City
performance standards and appropriate mitigation measures shall be provided. P&D
Environmental shall incorporate the findings into the SEIR.
Archeology/History
P&D Environmental shall verify the adequacy of the following cultural and archeology
reports and prepare the SEIR analysis based on the report in compliance with CEQA: 1)
Cultural and Archeological Study by Brian Smith and Associates, February 17, 2000.
Public Services and Utilities
P&D Environmental shall review the San Miguel Ranch Public Facilities Financing Plan
("PFFP") Findings and include an analysis of impacts related to provision of services that has
previously been prepared and prepare the analysis in compliance with CEQA.
Sewer and Water: P&D Environmental shall prepare an analysis of sewer and water.
Existing services, generation, demand, and future capacity for each of the services shall be
identified. P&D Environmental shall summarize the results of technical studies for sewer and
water, including:
1) Overview of Sewer and Water Services for Vista Mother Miguel, Algert Engineering, Inc,
March 10, 1999;
2) Sewer Study for San Miguel Ranch, Prepared by Rick Engineering Company, 1996; and
3) Public Facilities Financing Plan/Fiscal Impact Analysis for San Miguel Ranch SPA, and
including the Vista Mother Miguel Subdivision, by Willdan & Associates, June 1999.
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Police, Fire, Emergency Medical Service, Recreational Resources (parks, recreation and open
space), Solid Waste Disposal and Schools: The EIR consultant shall review the previous Ell{
with respect to public services and determine if additional analysis is needed. As necessary,
the SEIR will evaluate the project's demand on such public services and the project's impacts
in terms of capability to meet the City's standards for service and thresholds.
Gas and Electricity, Telephone and Cable: P&D Environmental shall review the previous EIR
with respect' to public utilities and determine if additional analysis is needed. As necessary,
the SEIR will evaluate the availability of such utilities to the site and potential impact on the
demand for such services.
Compliance with City Thresholds and Standards Policy
P&D Environmental shall review the project's compliance with the City of Chula Vista's
Growth Management Standards that pertain to the following public services and utilities, and
fiscal issues:
Drainage
Water
Traffic
Air Quality
Fiscal
Sewage
Police
Fire/Emergency Medical Services
Schools
Parks, Recreation and Open Space
P&D Environmental shall prepare an analysis of all of the threshold standards as related to
this project.
Issues Addressed in the Previous EIR/Issues not Found to Be Significant. Per CEQA
Guidelines Section 15128, the SEIR shall indicate the reasons for determining any issue areas
as non-significant and, therefore, not described in detail in the SEIR.
Other CEQA Mandated EIR Sections. In accordance with Article 9 of the State CEQA
Guidelines, the SEIR will contain a discussion of the irreversible environmental changes that
will result from the proposed project, unavoidable significant impacts and those effects found
not to be significant. Other key components of this section include the following:
Cumulative Impacts
The SEIR shall: Evaluate whether individual project impacts are cumulatively significant
when viewed in combination with other projects; Discuss the potential of the proposed project
to compound or increase adverse environmental impacts when added to other closely related
past, present and reasonably foreseeable future projects and project impacts; Focus on the
2O
potential for any newly identified cumulative impacts that are associated with the Precise
Plan/TM and that were not addressed in the previous EIR; Discuss any indirect, cumulative
impacts and evaluate compliance with adopted city threshold standards and applicable policies
and programs.
Growth Inducement
The SEIR shall: Assess the potential of Vista Mother Miguel to induce economic or
population growth and the construction of additional housing, either directly or indirectly, in
the surrounding environment; Evaluate the Precise Plan and relative to the phasing of
community services and facilities to serve new development; Discuss the potential for the use
of large amounts of fuel or energy; Evaluate compliance with regional and local growth
management policies; Discuss compliance with the San Miguel PFFP, which includes Vista
Mother Miguel; Determine compliance with the City of Chula Vista threshold standards.
Alternatives. The SEIR shall: Provide a reasonable range of project alternatives that could
feasibly attain the basic objective of the SPA; Project alternatives that reduce significant
environmental impacts must be included in the SEIR to comply with CEQA's mandate to
avoid significant environmental impacts; Assess the potential environmental damage
associated with each alternative and provide a quantitative, comparative analysis for the
relative environmental impacts and merits of each project alternative; The "No Project
Alternative" shall be analyzed.
Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting
Program (MMRP) shall be developed at the Draft SEIR stage and shall include monitoring
team qualifications, specific monitoring activities, a reporting system and criteria for
evaluating the success of the mitigation measures. The MMRP will be submitted to the City
Council for adoption concurrently with the decision-making and public hearing processes.
Mitigation measures shall be written in sufficient detail to address impacts at the precise plan
and tentative map level, referencing the appropriate implementing permits such as grading
permits, final maps and landscape plans.
References, Persons and Agencies Contracted and EIR Preparation. The SEIR shall include
lists of all references and persons and agencies contacted used in preparation of the SEIR.
The SEIR shall list all persons involved in the preparation of the document and their title and
role.
Appendices. The Appendices shall include an Initial Study, a copy of the Notice of
Preparation (NOP), Response to Comments on the Draft SEIR and Comment Letters and any
technical studies prepared for the project that are not a part of the SEIR.
Deliverable No. 2: First Screencheck Draft SEIR. Twenty-five (25) total copies of the
first Screencheck Draft SEIR, Mitigation Monitoring Reporting
Program (MMRP), and Technical Appendices, including two copies
of the document provided in white three-ring binders and twenty-
three (23) copies bound.
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Task 3 - Revisions.to Screencheck Draft EIP,/Second Screencheck Draft E1R
Based on the comments received from City staff on the First Screencheck SEIR, P&D'
Environmental will make the necessary revisions to the document and produce a Second
Screencheck Draft SEIR for review and approval by the Environmental Review Coordinator.
Comments on the Screencheck draft SEIR from the project applicant may also be considered
by the City.
Documents shall be prepared by the Consultant in such a manner that they will be meaningful
and useful to deciSion-makers and the public. Technical reports will be summarized in the
appropriate section of the SEIR and included as an appendix to the SEIR. A summary table of
the project's impacts and mitigation measures will be included in the SEIR.
Each Screencheck version to be copied on different colored paper.
Deliverable No. 3: Twenty-five (25) total copies of the Second Screencheck Draft SEIR,
MMRP and Technical Appendices, including two (2) copies of the
documents provided in white three-ring binders and twenty-three (23)
copies bound.
Task 4 - Public Review Draft SEIR
P&D Environmental shall produce a public review Draft EIR for circulation.
Deliverable No. 4: Fifty (50) total copies of the Draft SEIR, MMRP and Appendices,
including ten (10) copies of the documents provided in white three-
ring binders and the remainder bound.
Task 5 - Responses to Comments/Final SEIR
Following public review, the P&D Environmental shall meet upon the City's request with
City staff and review all comments received. The Environmental Review Coordinator and
P&D Environmental shall negotiate which comments shall be addressed by P&D
Environmental. P&D Environmentalwill prepare a set of draft responses for City staffreview,
and then revise the responses based on staff comments.
Revisions to the Draft EIR will be ntade, if determined necessary by the Environmental
Review Coordinator, based on public comments received and collaboration with City staff.
The changes will be identified in a strikeout and underline format.
Deliverable No 5: A set of draft responses to public and agency comments of an
environmental nature for City staff review. Revised responses based
on staff comments. Revisions to the Draft SEIR, if determined
necessary by the Environmental Review Coordinator, based on
public comments received and collaboration with City staff The
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'7.2 7
changes shall be identified in strikeout and underline format.
Forty (40) total copies of the Final SEIR, MMRP and Appendices
including ten (10) cop!es of the F SEIR provided in a white three-ring
binder and the remainder bound. One (1) reproducible master copy
of the FSEIR suitable for reproduction on City equipment and not
three-hole punched. One computer disk copy of the Final SEIR and
related documents without strikeout/underlines that can be read by
Microsoft Word 2000.
Task 6 - CEQA Findings & Statement of Overriding Considerations (SOC)
Candidate CEQA Findings and Statement of Overriding Considerations shall be prepared for
submittal to the City of Chula Vista Planning Commission and City Council. The CEQA
findings shall specify which mitigation measures have been incorporated into the project, as
well as those feasible mitigation measures that have not been incorporated and explain why
they have been found to be infeasible. The Findings will also identify feasible alternatives that
could reduce adverse project impacts but that are not being adopted. If applicable, a Statement
of Overriding Considerations shall be prepared. The findings shall follow the format and style
as directed by the City of Chula Vista.
Deliverable No. 6: Five (5) Screencheck Findings & SOC
Five (5) Second Screencheck Findings & SOC
One (1) Master Findings & SOC
Task7 - Meetings and Hearings
Senior and Project Manager level staff and necessary subconsultants are required to attend
meetings and heatings throughout the SEIR process. P&D Environmental shall allocate three
hours for each meeting, which includes preparation, travel, and attendance. Four hours will
be allocated for public meetings and hearings. Any additional time (beyond 40 hours for the
project manager and 8 hours for the traffic engineer) required to attend staff meetings, public
meetings, public hearings for Plarming Commission or City Council, or other meetings not
listed below shall be reimbursed on a time and material basis only with prior authorization by
the Environmental Review Coordinator.
Deliverable No. 7: At a minimum attendance at the following is required:
· Scopingkickoffmeeting (Project Manager)
· Project Meeting/Workshop (Project Manager)
· "Weekly" meetings (Project Manager all, Traffic Engineer 1)
· Resource Conservation Commission (1) (Project Manager)
· Planning Commission (2) (Project Manager)
· City Council (1) (Project Manager, Traffic Engineer)
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6. Schedule, Milestone, Time-Limitations withln which to perform services:
Date for Commencement of Consulting Services
(X) Same as Effective Date of Agreement
Date or Time Limits for Delivery of Deliverables:
Deliverable No. 1: NOP & Initial Study February 20, 2001
Deliverable No. 2: First Screencheck Draft SEIR June 1, 2001
Deliverable No. 3: Second Screencheck Draft SEIR July 26, 2001
Deliverable No. 4: Public Review Draft SEIR August 30, 2001
Deliverable No. 5 Final SEIR January 16, 2002
Deliverable No. 6 Candidate CEQA Findings/SOC November 13, 2001
Deliverable No. 7 Meetings & Hearings See Note Below
At a minimum attendance at the following meetings and hearings is required (as indicated in
Task 8):
· Scopingkickoffmeeting(Project Manager)
· Project Meeting/Workshop (Project Manager)
· "Weekly" meetings (Project Manager all, Traffic Engineer 1)
· Resource Conservation Commission (1) (Project Manager)
· Planning Commission (2) (Project Manager)
· City Council (1) (Project Manager, Traffic Engineer)
7. Documents to be provided by Applicant to Consultant
(X) site plans (X) grading plans (×) architectural elevations (X) project description (X)
other:
a. Precise Plan
8. Contract Administrators.
City: Marilyn R.F. Ponseggi
Environmental Review Coordinator
Planning & Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Ph. # (619) 585-5707
Applicant: James H. Algert and Flatirons, LLC
428 Broadway
Chula Vista, CA 91910
Ph. # (619) 420-7090
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Consultant: Betty Dehoney
. P&D Environmental
401 West "A" Street, Suite 2500
San Diego, CA 92101
Ph. # 232-4466
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( Category No. 1. Investments and sources of income.
( Category No. 2. Interests in real property.
( Category No. 3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of
the department.
( Category No. 4. Investments in business entities and soumes of income,
which engage in land development, construction or the
acquisition or sale of real property.
( Category No. 5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted
with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or
equipment.
( Category No. 6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( Category No. 7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited or will deposit an initial sum for the
consulting services necessary for the preparation of the enviromnental documents as outlined in
Exhibit "A": and
WHEREAS, it was determined by the Director of Planning and Building that staff
has neither the available time or expertise to perform the subject work; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of a SEIR; and
WHEREAS, a Request for Proposal was distributed to the 53 persons or firms
included on the City's list of qualified Environmental Consultants, and five proposals were
received by the City; and
WHEREAS, the City Manager appointed a selection committee which has in
accordance with Section 2.56. l 10 of the Chula Vista Municipal Code, recommended the above
noted Consultant perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of
this Agreement in accordance with applicable procedures set forth in Section 6.5.2 of the
Environmental Review Procedures.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance o£ all of the General and Detailed Services of Consultant as herein
required, Applicant shall pay a single fixed fee in the remounts and at the times or milestones set
forth below:
(X) Single Fixed Fee Amount: $57,310
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing of this Agreement by all parties $ 5,731.00 (10%)
2. Submittal of First Scmencheck* (Deliverable No. 2) $22,924.00 (40%)
3. Clearinghouse starts public review $14,327.50 (25%)
4. Completion of responses to comments (Deliverable No. 4) $ 8,596.00 (15%)
5. Completion o£ City Council's hearings on EIR and $ 5, 731.00 (10%)
delivery of final product (Deliverable No. 5)
Subtotal $57,310.00
6. 25% Contingency Fee** $14,328.00
*For purposes of payment the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A", Section 5) to the satisfaction
of the Environmental Review Coordinator. Payment shall be withheld until the Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
**The Environmental Review Coordinator in her discretion independently or upon request from
the Consultant, subject to approval of the Applicant, from time to time, may negotiate additional
services to be performed by the Consultant under this Agreement in order to cover unforeseen
issues that may be identified during the preparation of the SEIR ("Additional Services"). The
cost of Additional Services in connection with the SEIR shall not exceed 25% of the total
contract amount ($14,328). City, Consultant, and Applicant agree to meet in good faith and
confer for the purpose of negotiating a corresponding increase in the compensation associated
with said additional services in a sum not to exceed $14,328. The Consultant shall receive
compensation for Additional Services only if all the parities to this Agreement agree to such
compensation.
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( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibi[ C, under the category labeled "Phased Fixed
Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth herein below ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein
required, Applicant shall pay Consultant for the productive hours of time and material spent by
Consultant in the performance of said Services, at the rates or amounts set forth herein below
according to the following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of
said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for the total sum of $
including all Materials, Printing Supplemental Costs and other "reimburseables" ("Maximum
Compensation") except as set forth below.
(X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to $57,310
(plus $14,328 if negotiated as set forth above) ("Authorization Limit"), Consultant shall not be
entitled to any additional compensation without further authorization issued in writing and
approved by the City Council. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Consultant's Rate Schedule
Category of Employee Name Hourly Rate
Project Managers
Senior Project Manager Betty Dehoney $145.00
Environmental
Senior Environmental Analyst Alex H. Jewel $ 60.00
Environmental Analyst Josephine Gabriel $ 50.00
Environmental Analyst Sophia Habl $ 50.00
28
Mapping $ 55.00
Other Staff
Word Processing $ 55.00
Administrative Support $ 55.00
Cost Breakdown
Task Total Cost
1 - Project Initiation/Kick-off
Meeting $600
NOP/IS $2,900
2 - First Screencheck
Executive Summary $1,010
Introduction $770
Environmental Setting $640
Project Description $920
Landform $960
Biology $4,940
Transportation* $10,530
Air Quality & Noise** $4,000
Arch/History $300
Public Services $1,200
City Thresholds $800
Issues Not Found to be Significant $1,440
Alternatives $2,020
MMRP $1,290
QA/QC $1,360
Document Production $2,610
3 - Second Screencheck
Revise Documents $4,480
4 - Public Review Draft SEIR
Revise and Produce $2,480
5 - Response to Comments/Final EIR
Prepare Final $4,660
6 - Findings/Statement of Overriding Considerations
Prepare $1,680
7 - Meetings/Hearings
Attendance $5,720
Subtotal $57,310
Cost Breakdown (Continued)
29
25% Contingency $14,328
Total $71,638
*P&D Environmental through their subconsultant, Linscott Law & Greenspan (LLG), to prepare
traffic study
**P&D Environmental through their subconsultant, Hans Giroux, to prepare Air Quality
technical study
Materials Separately Paid For by Applicant
Cost or Rate
( X ) Materials (Reports and Copies) Actual
( X ) Printing/binding Actual
( X ) Postage Actual
( X ) Travel $0.325/mile
(X) Delivery Actual
(X) Long Distance Phone Charges Actual
(X) Meetings Actual
( X ) Other Actual Identifiable Direct Costs Actual
Deposit
( X ) Deposit Amount: $71,638.00 - Applicant agrees to deposit within I0 days of City
request to do so, a sum (estimated to be up to $5,000) for additional Materials
separately paid for by the Applicant.
( X ) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted prior to the due date
for the payment of said bill by Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
3O
(X) Bill Processing:
A. Consultant's Billing to be submitted for the follo~ving period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Milestones
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestones
C. City's Account Number:
D. Security for Performance
( ) Performance Bond, $_
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then not with standing other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, the following
Retention Percentage until the City determines that the Retention Release
Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
31
Ja~O123r~ 2001
MEMO TO: City C~k ~ .~[~
FROM: Po~t~y Weep
SUBJECT: MAYOR'S REPORT - FEB 6, 2001
Rep~r~ f~ ae 2/6 /2 00 Z ~.~'
Frank R ~e~o
Memorandum
To: Shirley Horton, Mayor
CC: Dave Rowlands, City Manager
From: Candy Emerson, Director of Human Resources
Date: 1/31/01
Re: Civil Service Commission Vacancy
The resignation of Civil Service Commissioner Joseph Noble left a vacancy in
the one position appointed from a list provided by the other four
Commissioners.
Those Commissioners have interviewed interested candidates and recommend
two for further consideration by the Council. Those two citizens are Barbara
McAIlister and Frank Ruffino (applications attached.) An independent ranking
of the candidates resulted in three placing Mr. Ruffino first and one ranking Ms.
McAIlister first. It was important to the majodty of the Commission that you are
made aware of that fact.
Since they are close to headng several appeals of discipline, the Commission
respectfully requests your earliest attention to this appointment. If you have any
questions, please feel free to contact me.
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CHULA VISTA, CA