HomeMy WebLinkAboutAgenda Packet 2001/03/20 CITY COUNCIL AGENDA
March 20, 2001 6:00 p.m.
Council Chambers
· Public Services Building
276 Fourth Avenue, Chula Vista
CHY 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
March 20, 2001 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items 1 through 12)
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
afier Action Items. Iterns pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of March 6, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on March 6, 2001, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Memorandum from Councilmember Jerry Rindone requesting that his absence at
this meeting be excused.
Staff recommendation: The absence be excused.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMEND1NG THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING
$83,898.85 FROM THE UNAPPROPRIATED BALANCE OF THE EQUIPMENT
REPLACEMENT FUND AND AWARDING A PURCHASE AGREEMENT IN THE
AMOUNT OF $214,997.85 TO HAWTHORNE MACHINERY COMPANY FOR TWO
RUBBER TIRE LOADERS (4/5THS VOTE REQUIRED)
During Fiscal Year 1999/2000, the purchase of a loader was approved for its normal
replacement cycle for the Street Maintenance Section of the Public Works Department.
However, the loader was not purchased at that time. The Fiscal Year 2000/2001
Equipment Replacement budget provides for the normal replacement of a second loader
for the Street Maintenance Section. On February 21, 2001, the bids for the robber tire
loaders were opened. Two bidders responded. The lowest acceptable and responsive
bidder was Hawthorne Machinery Company with a net price of $214,997.85. (Director
of Public Works)
Staff recommendation: Council adopt the resolution.
4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIViNG THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND
APPROViNG THE FIRST AMENDMENT TO THE AGREEMENT WITH STANTEC
CONSULTING, iNC., FOR AN ADDITIONAL $265,350 FOR CONTINUED
UPGRADE AND EXPANSION OF THE PUBLIC WORKS OPERATIONS' WORK
MANAGEMENT AND INFRASTRUCTURE MANAGEMENT SYSTEMS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2000/2001 CAPITAL IMPROVEMENT
PROGRAM (CIP) BUDGET (GG171) BY APPROPRIATiNG $11,452 FROM THE
UNAPPROPRIATED BALANCE OF THE RESIDENTIAL CONSTRUCTION TAX
FUND TO OFFSET THE GENERAL FUND COSTS FOR THE INTERNS FOR
COLLECTING FIELD DATA UTILIZING THE VOICE-TO-DATA, COUPLED WITH
GPS TECHNOLOGY (4/5THS VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATiNG
$11,452 FROM THE UNAPPROPRIATED BALANCE .OF THE GENERAL FUND TO
PAY iNTERNS FOR CITY STAFF SERVICES FOR THE REMAINDER OF THE
CURRENT FISCAL YEAR (4/5THS VOTE REQUIRED)
The Operations Division of the Public Works Department proposes to implement Phase
Two of the Public Works Information Systems Modernization/Expansion C1P project.
The growth of the City requires that technology be upgraded and expanded to provide for
better management and planning of the City's infrastructure. It is anticipated that the
third and final phase of this project will be implemented in Fiscal Year 2001/2002.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATiNG $38,016 FROM THE AVAILABLE BALANCE iN THE FEDERAL
DISASTER ASSISTANCE FUND FOR REPAYMENT TO THE OFFICE OF
EMERGENCY SERVICES FOR WORK ON THE BONITA LONG CANYON DAM
(4/5THS VOTE REQUIRED)
Page 2 - Council Agenda 03/20/01
The City has received $46,939 in funds from the Office of Emergency Services (OES)
related to severe damage in the Bonita Long Canyon from the 1995 winter storms. Due
to the amount of damage and the saturated condition of the canyon, timely repairs could
not be completed within the time constraints imposed by OES. During this period, the
City made two unsuccessful appeals for time extension. The OES is now requesting that
a total of $43,663 in overpayment of funds related to this project be refunded to them.
The CIP project DR-129 has a remaining balance of $5,647 and it is now necessary for
Council to approve repayment of the remaining balance of $38,016 from the Federal
Disaster Assistance fund. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-04, OTAY
RANCH SPA ONE, VILLAGE 5, NEIGHBORHOODS R-26A, R-26B AND R-32B;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE ASSIGNABLE
AND IRREVOCABLE GENERAL UTILITY, ACCESS, AND WALL EASEMENTS
GRANTED ON SAID MAPS; APPROVING THREE "B" MAP SUBDIVISION
IMPROVEMENT AGREEMENTS; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR VILLAGE 5, NEIGHBORHOODS R-26A, R-26B AND R-32B OF CHULA
VISTA TRACT NO. 96-04, OTAY RANCH SPA ONE, VILLAGE 5, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions will approve the Final "B" Maps for Neighborhoods R-26A,
R-26B and R-32B of Otay Ranch Village 5 (CVT 96-04), and associated agreements.
Otay Project LP is the current owner of these properties. On April 20, 1999, Council
approved the "Agreement for Financing and Construction of Olympic Parkway and
Related Roadway Improvements". The approval of the subject Final Maps complies with
the development thresholds established by the Olympic Parkway Agreement. (Director
of Public Works)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING INFORMAL BIDS AND AWARDING ALTERNATE "A" CONTRACT
TO HMS CONSTRUCTION, INC. FOR THE INSTALLATION OF GREEN L.E.D.
LAMPS ON VARIOUS TRAFFIC SIGNALS IN THE CITY OF CHULA VISTA
(PROJECT TF291)
On February 7, 2001, the Director of Public Works received sealed informal bids from
six electrical contractors for the installation of green L.E.D. lamps on various traffic
signals in the City. A low bid of $29,256.00 was received from HMS Construction, Inc.
for Alternate "A" contract. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 3 - Council Agenda 03/20/01
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SUBMITTAL OF A DEPARTMENT OF JUSTICE, OFFICE OF
JUSTICE PROGRAMS, OFFICE OF STATE AND LOCAL DOMESTIC
PREPAREDNESS (OJP), FISCAL YEAR 1999 STATE DOMESTIC PREPAREDNESS
EQUIPMENT GRANT PROGRAM 1N THE AMOUNT OF $124,400 AND
AMENDING THE FISCAL YEAR 2000/2001 BUDGET FOR THE FIRE
DEPARTMENT BY APPROPRIATING UP TO THIS AMOUNT, CONTINGENT ON
GRANT APPROVAL AND DESIGNATiNG THE FIRE CHIEF AS THE
AUTHORIZED OFFICIAL TO EXECUTE ON BEHALF OF THE CITY, THE
APPLICATION AND RELATED DOCUMENTS (4/5THS VOTE REQUIRED)
The Governor's Office of Emergency Services (OES) is administering for the
Department of Justice, Office of Justice Programs, Office of State and Local Domestic
Preparedness (OJP) Fiscal Year 1999 State Domestic Preparedness Equipment Grant
Program. This new federal grant was made available from OJP to the states using federal
funds from fiscal year 1999. California received $4,619,000. Of that amount, $588,000
is designated for terrorism risk and capability assessments, and $4,031,000 for eligible
equipment for emergency first responders. (Fire Chief)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2000/2001 BUDGET FOR THE LIBRARY
DEPARTMENT BY APPROPRIATING A) UNANTICIPATED DONATION
REVENUE iN THE AMOUNT OF $4,100 FOR BOOK PURCHASES, AND B)
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $5,075 FOR THREE
LIBRARY PROGRAMS AND $7,437.50 TO ENHANCE THE LIBRARY'S ONLINE
CATALOG (4/5THS VOTE REQUIRED)
Since July 1, 2000, the Library Department has received donations from various
organizations and individuals for the purchase of new books to add to the Library's
collection. In addition, the Library received Performing and Visual Arts Fund (PVAF)
grants, which were awarded in April 2000, to fund three programs that took place earlier
this fiscal year. The Library also successfully applied for a California State Library
Statewide Data Base matching grant to enhance the online catalog. At this time, the
Department wishes to accept and appropriate the $4,100 in donations, appropriate the
$5,075 for the PVAF program expenditures, and appropriate the $7,437.50 in order to
make the enhancements. (Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLINING PARTICIPATION iN THE 2001-2002 JUVENILE ACCOUNTABILITY
iNCENTIVE BLOCK GRANT PROGRAM AND SUPPORTING TRANSFER OF
$39,636 FROM THE PROGRAM TO THE COUNTY OF SAN DIEGO TO ENHANCE
THE REGIONAL JUVENILE iNFORMATION SYSTEM
Page 4 - Council Agenda 03/20/01
The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the
Juvenile Accountability Incentive Block Grant monies, which are available through the
California Office of Criminal Justice Planning. A total of $1.1 million dollars is available
to the San Diego region and it is proposed that all of the agencies in the County pool
resources in an effort to enhance accountability of juveniles in the justice system. (Chief
of Police)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $200 FROM THE CHULA VISTA SEVENTH-DAY ADVENTIST
CHURCH, AMENDING THE FISCAL YEAR 2000/2001 POLICE BUDGET AND
APPROPRIATING UNANTICIPATED FUNDS IN THE AMOUNT OF $200 FOR
MOUNTED POLICE PATROL EQUIPMENT (4/5THS VOTE REQUIRED)
The Chula Vista Mounted Police Patrol Volunteer Unit received a donation in the amount
of $200 from the Chula Vista Seventh-Day Adventist Church. The funds will be used to
purchase and repair equipment for the Chula Vista Mounted Police Patrol Volunteer Unit.
(Chief of Police)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REPLACEMENT OF TWO PREVIOUSLY APPROVED
REPRESENTATIVES AND THE ADDITION OF THREE NEW CLUSTER
iNDUSTRY REPRESENTATIVES TO SIT ON THE CITY'S ECONOMIC
DEVELOPMENT STRATEGIC PLAN (EDS) BLUE RIBBON COMMITTEE
On February 13, 2001, Council approved the creation of an Economic Development
Strategy (EDS) Blue Ribbon Committee and a list of executive-level candidate members,
and directed staff to extend invitations to these individuals on behalf of the Mayor and
Council. Council further authorized staff to extend invitations to other executive-level
community leaders in the event that one or more of the identified candidates could not
accept. The proposed members were generated by the City's Business Response Team -
the staff-level oversight body for the EDS, and the City's Economic Development
Commission. Staff is returning with two proposed changes and three proposed additions
to the EDS Committee. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
Page 5 - Council Agenda 03/20/01
PUBLIC HEARINGS
The following items have been advertised and/or posted as public hearings as required
by law. 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.
13. CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH
RESPECT TO THE PROPOSED MAIN PLAZA AFFORDABLE HOUSING PROJECT
Avalon Communities has submitted to the California Statewide Communities
Development Authority (CSCDA) an application for the financing of the affordable
housing project "Main Plaza" in an amount not to exceed $7,000,000 of tax-exempt
obligations. The project will involve the development of a 106-unit apartment complex
to be located at the northeast corner of Broadway and Main. Council is asked to hold a
public hearing regarding CSCDA's intent to issue tax-exempt bonds for the financing of
the project and to adopt a resolution authorizing the issuance, sale and delivery of the
bonds by CSCDA. (Director of Community Development)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY
HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE OF
FiNANCING THE ACQUISITION AND CONSTRUCTION OF THE MAIN
PLAZA AFFORDABLE HOUSING PROJECT
14. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTERS 19.04,
DEFINITIONS, AND 19.48, P-C PLANNED COMMUNITY ZONE, OF THE CHULA
VISTA MUNICIPAL CODE IN ORDER TO INCREASE THE PERCENTAGE OF
COMMUNITY PURPOSE FACILITY (CPF) ACREAGE THAT CAN BE UTILIZED
FOR BALL FIELDS, AND TO ALLOW FOR-PROFIT DAY CARE FACILITIES AS A
PRIMARY USE WITHIN CPF LAND USE DISTRICTS
The application submitted by the EastLake Company and co-sponsored by the City
proposes to amend the Municipal Code, Chapters 19.04 (Definitions) and 19.48 (P-C
Planned Community Zone), in order to increase the allowable percentage of CPF acreage
that can be utilized for ball fields from 25% to 35%, and establish special findings to
allow for-profit day care uses in the CPF land use districts, subject to a conditional use
permit. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and place the following
ordinance on first reading:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTERS 19.04 DEFINITIONS, AND 19.48, P-C PLANNED
COMMUNITY ZONE, OF THE CHULA VISTA MUNICIPAL CODE
Page 6 - Council Agenda 03/20/01
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
ite~, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
15. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT WITH THE ALEORD GROUP,
1NC. TO PREPARE A FUNDRAISING FEASIBILITY STUDY FOR THE
CENTER, AND THE APPROPPdATION OF $25,850 FROM THE
AVAILABLE BALANCE IN THE GENERAL FUND
At its August 22, 2000 meeting, Council approved an amended contract with
Economics Research Associates (ERA) to provide consulting services £or
downtown strategic planning relating to a proposed cultural arts center. Council
directed staff to look specifically at the feasibility of converting the former
CinemaStar complex from a movie theatre to a community cultural arts facility.
Three draft concept plans, with two alternatives, have been developed, along with
cost estimates to construct these improvements. (Deputy City Manager Palmer)
Staffrecommcndation: Council accept the following report and adopt the resolution:
A. REPORT GIVING AN UPDATE ON PROPOSED CULTURAL ARTS
CENTER FEASIBILITY STUDY
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE CONSULTANT SERVICES AGREEMENT WITH THE
ALFORD GROUP, INC. TO pREpARE A FUNDRAISING FEASIBILITY
STUDY FOR THE PROPOSED CULTURAL ARTS CENTER, WAIVING THE
CONSULTANT SELECTION PROCESS AS IMPRACTICAL, AND
APPROPRIATING $25,850 FROM THE AVAILABLE FUND BALANCE IN
THE GENERAL FUND (4/STHS VOTE REQUIRED)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
16. CITY MANAGER'S REPORTS
A. Scheduling of meetings
B. Temporary closure of Olympic Parkway
03/20/01
Page 7 - Council Agenda
17. MAYOR'S REPORTS
A. Ratification of appointment to the Board of Appeals and Advisors - Edward
Nagorski.
B. Ratification of appointment to the Board of Appeals and Advisors - Bryan Dennis
Ehm.
18. COUNCIL COMMENTS
CLOSED SESSION
19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One Case
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· Cowan v. City of Chula Vista (USDC 99CV05165LAB)
· Tuchscher Development, Inc. v. Lennar (GIC 758620)
ADJOURNMENT to the Regular Meeting of March 27, 2001, at 6:00 p.m. in the Council
Chambers.
Page 8 - Council Agenda 03/20/01
Cl'l~' Of
CHUIA VlSqA
OFFICE OF THE CITY ATTORNEY
Date March 7, 2001
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney ~"
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 3/6/01
The City Council of the City of Chula Vista met in Closed Session
on 3/6/01 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8=
Property: The Chula vista Municipal Golf Course on Bonita
Road and seven adjacent acres
Negotiating City of Chula Vista (Sid Morris, Chris Salomone),
Parties: American Golf, County of San Diego, C. W. Clark,
C. W. Clark, Inc.; Jeff Phair, The Phair Co.; and
Scott Robinson
Under Purchase price/lease rate and other terms and con-
Negotiation: ditions for possible disposition of City-owned
property and/or lease buy-out or restructure.
· CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C):
One Case
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 5~956.9(A):
Cowen v. City of Chula Vista {USDC 99CV05165LAB)
Marruenda v. City of Chula Vista (SBSC GIS3261)
Tuchscher Development, Inc. v. Lennar (GIC 758620)
Miller v. City of Chula vista (SDSC GIS 758186)
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK:lgk
276FOURTHAVENUE.GHU~VISTA.OALIFORNIA91910'(S19)691-~37'FAX(619)~409.5823
~ RE'0EIVED
CIT~' OF
CHUL~ ~,.'~\ ~ -s ~ :~
COUNCILMEMBER CITY CLERE'S OFFtC~
March and, 200t
MEMO TO: Mayor Horton and Councilmembers
FROM: .Terry R. Rindone, Councilmember
SUB.TECT: ANNUAL VACATZON LEAVE
For your information, I will be on vacation leave beginning Friday,
March 16 through and including Wednesday, March 28th, 2001.
TO that end, z respectfully request excused absences from the
regular Council meetings of March 20th and March 27th
respectively.
Thank You.
City Manager
City Attorney
City Clerk
276 FOURTH AVENUE · CHULA VISTA" CALIFORNIA 91910 · (619) 691-5044 · FAX (619) 476-5379
jrindone@ci.chula vista.to.us
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/20/2001
ITEM TITLE: Resolution Amending the FY00/01 budget by appropriating $83,898.85
from the unappropriated balance of the Equipment Replacement Fund and
awarding a purchase agreement in the amount of $214,997.85 to
Hawthorne Machinery Company for two rubber tire loaders.
SUBMITTED BY: Director of Public Works~
Deputy City Manager~'~/'~
REVIEWED BY: City Manager G~¢/ (4/Sths Vote: YesX~ No ~ )
In FY 99/00, a loader was approved for its normal replacement cycle for the Street Maintenance
Section of the Public Works Department. However, this loader was not purchased in FY 99/00.
The FY 00/01 Equipment Replacement budget provides for the normal replacement of a second
loader for the Street Maintenance Section. On February 02, 2001, an advertisement was placed in
The Star News soliciting bids for the proposed City purchase of two rubber-tire loaders. In
addition, four prospective bidders from the Purchasing Agent's bid list were contacted directly.
Rubber-tim loaders (loaders that run on rubber tires rather than tracks) are specialized equipment.
As a result, them were no local vendors. On February 21, 2001, the bids for the rubber-tire
loaders were opened. Only two bidders responded. The lowest acceptable and responsive bidder
was Hawthorne Machinery Company with a net total price of $214,997.85
IRECOMMENDATION: That the City Council amend the FY00/01 budget by appropriating
$83,898.85 from the unappropriated balance of the Equipment Replacement Fund and awarding a
purchase agreement in the amount of $214,997.85 to Hawthorne Machinery Company for two
rubber tim loaders.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The loader (for the Street Maintenance Section) approved for replacement in FY 99/00 in the
mount of $90,000 was not purchased last fiscal year and the monies reverted to the Equipment
Replacement Fund. The purchase of the loader was postponed pending the announcement of the
anticipated construction completion of the new Corporation Yard. Presently, loaders and
equipment of this type are now driven over surface streets for moderate distances. However, at
the new Corporation Yard, it has been decided that loaders will be transported by trailer.
Therefore, all loaders selected for purchase in the future will be a size that can be easily
accommodated by trailer. For FY 00/01, a new loader, in the amount of $131,100, was approved
for its normal replacement cycle for the Street Maintenance Section.
FISCAL IMPACT: The net total cost including taxes is $214,997.85. The total required funds,
including the additional appropriation of $83,897.85, will be provided by the Equipment
Replacement Fund.
G:~C~ob~uipmeat~A113 Loaders II.doc File No: 1320~DF
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 00/01 BUDGET BY
APPROPRIATING $83,898.85 FROM THE
UNAPPROPRIATED BALANCE OF THE EQUIPMENT
REPLACEMENT FUND AND AWARDING A PURCHASE
AGREEMENT IN THE AMOUNT OF $214,997.85 TO
HAWTHORNE MACHINERY COMPANY FOR TWO RUBBER
TIRE LOADERS
WHEREAS, in FY 99/00, a loader was approved for its
normal replacement cycle for the Street Maintenance Section of the
Public Works Department, but the loader was not purchased in FY
99/00; and
WHEREAS, the FY 00/01 Equipment Replacement budget also
provides for the normal replacement of another loader for the
Street Maintenance Section; and
WHEREAS, on February 2, 2001, an advertisement was placed
in The Star News soliciting bids for the proposed City purchase of
two rubber-tire loaders; and
WHEREAS, on February 21, 2001, two bids were received as
follows:
Hawthorne Machinery Company $214,997.85
Shepherd Machinery Company $288,416.05
WHEREAS, the lowest acceptable and responsive bidder was
Hawthorne Machinery Company and staff recommends awarding a
purchase agreement to them.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 00/01 budget by
appropriating $83,898.85 from the unappropriated balance of the
Equipment Replacement Fund and award a purchase agreement in the
amount of $214,997.85 to Hawthorne Machinery Company for two rubber
tire loaders.
Presented by Approved as to form by
John P. Lippitt JO~/M. Kaheny
Director of Public Works
Attorney
[H:\H OM EgATTORN EY\RESO\ Tire Loader Bid (March $, 2001 (11:48am)]
COUNCIL AGENI}A STATEMENT
Item
Meeting Date 3/20/01
ITEM TITLE: Resolution Waiving the consultant selection process as impractical
and approving the first amendment to the agreement with Stantee Consulting,
Inc., for an additional $265,350 for continued upgrade and expansion of the
Public Works Operations' Work Management and Infrastructure
Management Systems.
Resolution Amending the FY00/01 CIP budget (GG171) by
appropriating $11,452 from the tm-appropriated balance of the Residential
Construction Tax Fund to offset the General Fund costs for the interns for
collecting field data utilizing the voice-to-data coupled with GPS technology.
Resolution Amending the FY00/01 budget by appropriating $11,452
from tm-appropriated balance of the General Fund to pay interns for City
staff services for the remafi[~r of the current fiscal year.
Director of Public Works~3~ ~~
SUBMITTED
BY:
REVIEWED BY: City Manager ~F~0.~ (4/5 Vote: Yes X No
The Operations Division of the Public Works Department proposes to implement Phase 2 of the
Public Works Information Systems Modernization/Expansion CIP project. The growth of the City
requires that technology be upgraded and expanded to provide for better management and planning
of the City's infrastructure. It is anticipated that the third and final phase of this project will be
implemented in FY2001/02.
The Operations Division had used a DOS-based work management system (WMS) since 1986 to
track the work production of most of the maintenance divisions. This older software was not Y2k-
compliant, was not Windows-based, and had limited capabilities. The system also needed to be
expanded to account for the City's growth and increase in development activity and concomitant
increase in infrastructure to be maintained. The vendor who supplied, implemented and maintains
the current WMS (Phase 1), Stantec Consulting, Inc., also sells integrated infrastructure modules,
which the Department recommends adding now with Phase 2 (the sewer IMA was purchased as part
of Phnse 1). As a result, staffmcommends waiving, as impractical, the normal consultant selection
process under provision 2.56.070 of the Chula Vista Municipal Code. The cost of the WMS for the
initial phase (Phase I) was $205,200. This project was approved as part of the FY2000/01 CIP
Program.
RECOMMENDATION: That Council:
Page 2, Item __
Meeting Date 3/20/01
1) Adopt the Resolution waiving the consultant selection process as impractical and
approve the first amendment to the agreement with Stantec Consulting, Inc., for an
additional $265,350 for continued upgrade and expansion of the Public Works
Operations' work management and infrastructure management systems.
2) Adopt the Resolution amending the FY00/01 CIP budget (GG171) by appropriating
$11,452 from the un-appropriated balance of the Residential Construction Tax Fund to
offset the General Fund costs for the interns for collecting field data utilizing the voice-
to-data coupled with GPS technology.
3) Adopt the Resolution amending the FY00/01 budget by appropriating $11,452 fromun-
appropriated balance of the General Fund to pay interns for City staff services for the
remainder of the current fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Governmental Accounting Standards Board Rule 34 (GASB 34) requires that an agency report on all
capital assets such as 1) inventory of infrastructure assets, 2) historical costs ofint~astmcture, and 3)
current value of infrastructure in order to evaluate changes over time. As an alternative to
depreciating infrastructure assets, an agency must have an Asset Management system that:
· includes an up-to-date inventory
· defines level of maintenance standards
· provides cyclical condition assessment
· documents that asset is maintained at or above the adopted standard
The Operations Division of Public Works is charged with maintaining the City's infrastructure,
which includes streets, sewers, storm drains, City trees, parks, open space, and street signage and
striping; City buildings; City communications systems; and City vehicles and equipment. The
infrastructure includes approximately 350 miles of streets (630 lane miles), 350 miles ofwastewater
lines, 200 miles of storm drain pipes and channels, approximately 35,000 trees, over 370 acres of
parks, 1,540 acres of open space, approximately 22,000 traffic signs and 15,000 street names signs,
750,000 square feet of City buildings, over 1,000 pieces of communications equipmem, and over
450 vehicles and equipment.
The Operations Division uses a Work Management System (WMS), which is an automated system
used for collecting and tracking data about the work that an agency performs to maintain the City's
infrastructure (excluding buildings, conununications, vehicles and equipment). However, this
system must be updated, expanded and maintained in order to comply with GASB requirements.
Page 3, Item__
Meeting Date 3/20/01
Old Work Management System
The old system worked well in tracking personnel, material, and equipment costs by job type and
location, as well as hours spent doing the work and the number of jobs performed. However, this
information could only be kept on the system for one year due to system limitations. As a result,
anytime that historical information was needed, such as for liability claims, staff had to research
paper records by month and by year, which was a very time-consuming process. In addition, the old
system did not help with scheduling and planning, did not track backlogs, and did not link service
requests with jobs responding to those requests.
New Work Management System
Since December/Janumy of FY99/00, the Operations Divisions has implemented a new updated
Work Management Program with Phase 1. The new WMS has several advantages over the old
system. This upgraded system 1) eliminates paper tracking, 2) links service requests and backlogs
with jobs, and 3) allows management to better plan and schedule work and evaluate crew
performance and workload. The new system's emphasis is on meeting public needs, by changing
the focus from measuring performance after the fact to scheduling and planning work based on
service requests and work orders.
Proposed Addition of Infrastructure Modules to WMS
The WMS system needs to be expanded to add infrastructure modules applications (I/VIA) to better
manage the City's assets and to provide a link to the City's Geographic Information System (GIS) to
visually show areas where work has been completed or has been planned. As part of Stantec's
Integrated Infrastructure Management System, infrastructure modules can be added to link to the
WMS. Adding these modules will allow the City to inventory all of its infrastructure assets in order
to better manage and maintain them. The Operations Division purchased a wnstewater (sewer)
module with five concurrent seats, in Phase 1, to provide information on pipes, access points, and
services, which will be tied into the GIS and the WMS, since the GIS currently has sewer pipe and
access point layers.
The Operations Division, with the implementation of Phase 2 of the W2vlS, proposes to purchase the
following modules, hardware/software system and utility program:
Storm Drain Module
The Operations Division proposes to purchase a storm drain module to provide information on
pipes, inlets, channels, manholes, outlets, and detention/desiltation basins, which will be tied to the
GIS and the WMA. Engineering staff, as well as Operations staff, will use this module. The cost for
the storm drain module with 10 concurrent seats or users is $75,600. The Public Facilities
Development Impact Fee (DIF) will fund $18,333 (24.25%) and $57,267 will be funded with
Residential Construction Taxes (RCT).
Page 4, Item __
Meeting Date 3/20/01
Right-of-Way Module
The Operations Division proposes to purchase a fight-of-way module to provide/nformation on
traffic legends & pavement markings, street trees, street lights, medians, sign supports & signs,
traffic signals, and guard rails. Engineering staff as well as Operations staffwill use this module.
The cost for the right-of-way module with 10 concurrent seats or users is $75,600. DIF will fund
$18,333 (24.25%) and $57,267 will be funded with RCT.
Sewer Module
The division has already purchased a sewer module (5 seats) to provide information on pipes, access
points, and services. The Operations Division now proposes to purchase five additional seats
because both Engineering and Operations staff will use this module. The total cost of $3,000 will be
funded with Special Sewer Funds.
Datria Hardware & Software Package
The Operations Division also proposes to purchase, along with the right-of-way and storm drain
modules, Datria voice recognition/GPS system, which will allow the City to collect data utilizing
voice-to-data coupled with GPS technology. This method of collecting field data will reduce costs
and speed up data integration, performance, and access. The City will be able to define features and
attributes to build quality databases tailored specifically for use with the GIS system for new
projects, repair, maintenance, and asset database updates. Costs will be reduced by cutting time to
collect field data and reducing the age-old bottleneck of database building. The cost for the Datria
hardware and software package is $103,790. DIF will fund $25,169 (24.25%) and $78,621 will be
funded with RCT.
Crystal Reports Utility
This is a utility program that provides an interface to link the WMA and IMA to the Crystal Report
Writer software, for the generation of custom reports from within the WMA & IMA software.
Without the utility software, the user would need to exit the WMA program and go into Crystal
Report Writer to access the database files for report generation as well as generating linkage
between the databases and report writer. The cost for the Crystal Reports utility (with five
concurrent seats or users) and extended client support is $4,360. The creation of specialized reports
will cost an additional $3,000. This cost will be funded with Special Sewer funds.
Interns
Staff did not request funding for interns in the CIP Project, initially, because it was decided that this
cost should be placed in the operating budget for the Public Works DepaFanent. Staff will be
requesting, during the budget process, funding for interns in the operating budget of approximately
$42,800 per year over the next three years. It is proposed that the CIP Project will reimburse the
operating budget for $42,800 per year starting in FY2001/02. A total of $11,452 will be
appropriated in the operating budget, with offsetting revenue of RCT funds appropriated in the CIP
budget, for the remainder of the fiscal year to allow interns to start collecting field data.
Page 5, Item __
Meeting Date 3/20/01
The interns will be hired to collect an inventory of data such as traffic legends, pavement markings,
street trees, street lights, medians, sign supports & signs, traffic signals, and guard mils. In addition,
they will collect attribute data such as length width, traffic information, pavement types and
condition information. It is anticipated that data collection will be completed within three years at
an estimated cost of $140,000.
FISCAL IMPACT:
The total cost for purchase and implementation of the modules, hardware/software system and utility
program is $265,350. Of this amount, $61,835 will be funded by DII~ funds; $193,155 will be
funded by RCT; and $10,360 will be funded with Special Sewer funds. A total of$11,452 will be
appropriated in the operating budget (with offsetting revenue of RCT funds) appropriated in the CIP
budget for the remainder of the current fiscal year. Therefore, there is no fiscal impact to the
General Fund. This project and funds were included in the FY00/01 CIP, excluding City staff
services for interns. The cost to hire interns for data collection will cost an estimated $140,000 over
a three-year period. The $11,452 for the remainder of the current fiscal year will be funded by RCT
funds. The annual cost for the interns of $42,800, starting in FY01/02, is proposed to be funded
from non- General Fund revenue in the CIP Project, which Council will consider as part of the entire
City CllP budget later this fiscal year.
G:~Bob~A113 Work Manag~ntent Systema.doc
File: 0100~ 10-FB
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS
IMPRACTICAL AND APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT WITH STANTEC CONSULTING, iNC. FOR AN
ADDITIONAL $265,350 FOR CONTINUED UPGRADE AND
EXPANSION OF THE PUBLIC WORKS OPERATIONS' WORK
MANAGEMENT AND INFRASTRUCTURE MANAGEMENT
SYSTEMS
WHEREAS, the Operations Division had used a DOS-based work management system (WMS)
since 1986 to track the work production of the maintenance divisions which had limited capabilities; and
WHEREAS, in November, 1999, Council approved an Agreement with Stantec to purchase an
upgrade and expansion of the Work Management System; and
WHEREAS, the Operations Division of the Public Works Department proposes to implement
Phase 2 of the Public Works Information Systems Modernization/Expansion CIP Project since the growth
of the City requires that technology be upgraded and expanded to provide for better management and
planning of the City's infrastructure; and
WHEREAS, staff now recommends adding integrated infrastructure modules to continue the
expansion and upgrade of the system; and
WHEREAS, the vendor who supplied, implemented and maintains the current WMS (Phase 1),
Stantec Consulting, Inc., also sells and is uniquely qualified to provide integrated infrastructure modules,
since it is their system that is being upgraded and expanded and upgrading was determined by staff to be
the most cost effective and appropriate approach to meet the City's needs; and
WHEREAS, as a result, staff recommends waiving, as impractical, the normal consultant
selection process under Section 2.56.070 of the Chula Vista Municipal Code; and
WHEREAS, the cost of the WMS for the initial phase (Phase 1) was $205,200 and was approved
as part of the FY2000/01 CIP Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista docs
waive the consultant selection process as impractical and approve the First Amendment to the Agreement
with Stantec Consulting, Inc. for an additional $265,350 for continued upgrade and expansion of the
Public Works Operations' Work Management and Infrastructure Management Systems, 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 First Amendment on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippltt JohffJY'[. Kaheny d/)' '
Director of Public Works Ciflb/Attomey '~
H :~,home\attomey\rs\Stantec I st
Eirst Amended & Restated
Agreement between
City of Chula Vista
and
Stantec Consulting, Inc.
for the Upgrade, Expansion, and Maintenance of the Public Works
Operations' Work Management System
This agreement ("Agreement"), originally dated November 9,
1999 for the purposes of reference only, and now as amended and
restated dated March 1, 2001 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:
Whereas, a work management application (WMA) is an automated
system for collecting and tracking data about the work an agency
performs; and,
Whereas, the Public Works Department/Operations Division
(Division) has used a work management software system since 1986
to track the work production of most of the maintenance
divisions, which is not Y2k compliant, is not Windows-based, and
has limited capabilities and needs to be expanded to account for
the City's growth; and,
Whereas, the WMS system needs to be expanded to add
infrastructure module applications (IMA) to better manage the
City's assets and to provide a link to the City's Geographic
Information System (GIS) to visually show areas where work has
been completed or has been planned; and
Whereas, the Division proposes to purchase a wastewater
(sewer) module, as a first step, to provide information on pipes,
access points, and services, which will be tied into the GIS and
the WMS, since the GIS currently has sewer pipe and access point
layers; and,
Wmsagmtstantec.doc
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Whereas, the Division proposes to purchase a storm drain
module to better manage the City's storm drain system maintenance
of pipes, manholes, inlets, outlets, channels, and
detention/desiltation basins, and provide a link to the GIS to
· visually show areas where work has been completed or planned.
Whereas, the Division proposes to purchase a right-of-way
module to better manage the City's infrastructure including
traffic legends, pavement markings, street trees (any plant
material), street lights, medians, sign supports, signs, traffic
signals, and guard rails, and provide a link to the GIS to
visually show areas where work has been completed or planned.
Whereas, the Division proposes to purchase a Datria hardware
and software package that will allow the City to collect data
utilizing the voice-to-data coupled with GPS technology.
Whereas, the Division proposes to purchase a Crystal
Interface Utility Program to link the City's WMA & IMA to the
City's Crystal Report Writer for the generation of custom
reports, from within the WMA & IMA Software.
Whereas, Stantec Consulting, Inc. (Consultant), who supplied
the original WMS (under a different company name), is uniquely
qualified to provide this update since it is their system that is
being expanded and upgraded; 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;
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
Wmsagmtstantec.doc
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In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to City such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. Ail 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 ~rofession currently practicing under
similar conditions and in similar locations.
Y. Insurance
Wmsagmtstantec.doc
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Consultant represents that it and its agents, staff and sub
consultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverage, in the following categories,
and to the limits specified, policies of which are issued by
Insurance Companies that have a Best~s Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof 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. Business License
Wmsagmtstantec.doc
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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 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 Consult-
ant 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
Wmsagmtstantec.doc
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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 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. 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 F?PC 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
Wmsagmtstantec.doc
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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 PPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will irmmediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that 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.
Wmsagmtstantec.doc
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Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any 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 negligent conduct of the Consultant, or any
agent or employee, subcontractors, or others in connection with
the execution of the work covered by this Agreement, except only
for those claims arising from the negligence or willful
misconduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
Wmsagmtstantec.doc
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agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations 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 acting reasonably
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
Wmsagmtstantec.doc
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shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
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, 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 sub consultants identified thereat
as "Permitted Sub consultants".
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 with the exception of software and
software documentation. 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.
The Consultant agrees that the City hereby receives a royalty-
free, non-exclusive and irrevocable right to use for internal
purposes, the software and the software documentation to be
provided under this Agreement. The City agrees it will not
reproduce or circulate beyond its own organization, either
verbally or by written work, information pertaining to the
working components of the software and the documentation, either
in part or in full, without the written consent of the
Contractor.
Wmsagmtstantec.doc
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A separate software licensing agreement, providing for the use
and ownership of the software and software documentation, is per
the attached Exhibit
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, 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
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"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.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant 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
Ail 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
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and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
18. GENERAL PROVISIONS
A. Neither party shall be held responsible for any delay in
performance hereunder arising out of causes beyond its control
and without its fault or negligence. Such causes may include,
but are not limited to, fires, strikes, embargoes, acts of God,
inability to secure transportation facilities or other causes
beyond the control of either party.
B. The failure of either party to Agreement in any one or
more instances to insist upon strict performance of any of the
terms or provisions of this contract shall not be construed as a
waiver or relinquishment, to any extent, of the right to assert
or rely upon any such terms or provisions on any future
occasions. If any term, provision or condition of this AGREEMENT
is held to be invalid, void or unenforceable by a court of
competent jurisdiction, the remainder of the AGREEMENT shall
remain in full force and effect and in no way shall be affected,
impaired or invalidated.
C. This AGREEMENT, constitutes the entire AGREEMENT between
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the parties hereto with respect to the subject matter hereof and
shall supersede all previous negotiations, commitments, and
writings and no representation or statement not contained in this
AGREEMENT shall be binding upon STANTEC as a warranty or
otherwise.
[end of page. next page is signature page.]
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Signature Page
To
First Amended & Restated
Agreement between City of Chula Vista and Stantec Consulting,
Inc.
for the Upgrade, Expansion, and Maintenance of the Public Works
Operations' Work Management Application
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: , 2001 City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Dated: Stantec Consulting, Inc.
President Management
SysDms ~
Gary ~ice,/Vice-?resident
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Exhibit List to Agreement
( x ) Exhibit A. Terms and Conditions
( x ) Exhibit B. Acceptance Testing Plan
( x ) Exhibit C. Extended Client Support Agreement
( x ) Exhibit D. Software License Agreement
( x ) Exhibit E. Escrow Agreement
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Exhibit A
First Amended & Restated
Agreement between
City of Chula Vista
and
Stantec Consulting, Inc.
1. Effective Date of Agreement: November 9, 1999
Effective Date of First Amended and Restated Agreement:
March 1, 2001
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation
of the State of California
("City")
3. Place of Business for City:
City of Chula Vista,
276 Feurth Avenue,
Chula Vista, CA 91910
4. Consultant: Stantec Consulting, Inc.
5. Business Form of Consultant:
( ) Sole Proprietership
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Stantec Censulting, Inc.
8211 South 48th Street
Phoenix, AZ 85044-5355
Voice Phone (602) 438-2200
Fax (602) 431-9562
7. General Duties:
Consultant shall install an upgraded and expanded
Division's work management application (WMA) for 15
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concurrent users, which includes purchase, installation,
implementation, data loading, and training. In addition,
Consultant shall also install an infrastructure module
application (IMA) for wastewater for 5 concurrent users,
plus 5 additional concurrent users for wastewater, an IMA
for storm drain for 10 concurrent users, an IMA for right-
of-way for 10 concurrent users, install a Datria hardware
and software package and install a Crystal interface
utility program with 5 concurrent users which includes
purchase, initiation, installation, implementation, and
training, and conversion and linking of data from the
City's Geographic Information System (GIS) maps files. In
addition, Consultant shall provide free maintenance for a
period of six months after the acceptance testing of each
module, per Exhibit ~'B", for both the WMA and IMA.
Scope of Work and Schedule:
A. Detailed Scope of Work:
i. Provide an upgraded and expanded Work Management
Application (WMA) that is Y-2k compliant, and Windows-
based, and that can be linked to the City's Geographic
Information System (GIS). The WMS will track work
production, service requests, backlogs of work, types
of work performed, hours spent per job and per person,
costs per job for labor, materials, and equipment, and
locations of work, for example. Work will be tracked
for the City's Street Maintenance, Street Tree
Maintenance, Street Striping and Signing, Wastewater
Maintenance, Pump Station Maintenance, and Park
Maintenance crews.
See attached letter dated November 9, 1999 regarding
Work Management Application (WMA) - Project Work Plan
ii. Provide a Wastewater Infrastructure Management
Application (IMA) to better manage the City's sewer
system maintenance and provide a link to the GIS to
visually show areas where work has been completed or
planned. The IMA will link to the WMS and GIS.
See attached letter dated February 11, 1999 regarding
sanitary sewer Infrastructure Management Application
(IMA) - Project Work Plan.
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iii. Provide a Storm Drain IMA to better manage the
City's storm drain system maintenance of pipes,
manholes, inlets, outlets, channels, and
detention/desiltation basins, and provide a link to the
GIS to visually show areas where work has been
completed or planned. The Storm Drain IMA will link to
the WMA and GIS.
iv. Provide a Right-of-Way IMA to better manage the
City's infrastructure including traffic legends,
pavement markings, street trees (any plant material),
street lights, medians, sign supports, signs, traffic
signals, and guard rails, and provide a link to the GIS
to visually show areas where work has been completed or
planned. The Right-of-Way IMA will link to the WMA and
GIS.
v. Provide a Datria hardware and software package that
will allow the City to collect data utilizing the
voice-to-data coupled with GPS technology. The Datria
hardware and software package will provide an output
file suitable for loading into the WMA and GIS.
vi. Provide a Crystal Interface Utility Program to
link the City's WMA & IMA to the City's Crystal Report
Writer for the generation of custom reports, from
within the WMA & IMA Software.
B. Date for Commencement of Consultant Services:
( x ) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: WMA System Software License
Purchase- 15 concurrent seats January 1, 2000
Deliverable No. 2: Installation and Implementation of
WMA March 1, 2000
Deliverable No. 3: Validated Data Loading for WMA
March 1, 2000
Deliverable No. 4: Training for WMA
-Work Process Session Design-3 days
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-System Administrators-3 days
-Work Order Users-10 days
-Train the Trainer-5 days
March 1, 2000
Deliverable No. 5: IMA Software License Purchase Basic
Package - 5 concurrent seats May 1, 2000
Deliverable No. 6: IMA Project Initiation
November 1, 2000
Deliverable No. 7: IMA Installation
December 1, 2000
Deliverable No. 8: IMA Implementation
March 23, 2001
Deliverable No. 9: IMA Training
March 23, 2001
Deliverable No. 10: Creation of Sanitary Sewer
database in IMA from GIS and linking data
March 23, 2001
Deliverable No. 11: IMA (Sewer) - 5 additional seats
March 23, 2001
Deliverable No. 12: Storm Drain Module Basic Package -
5 concurrent seats
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 13. 5 additional seats (Storm Drain)
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 14. Project Initiation (Storm Drain)
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 15. Installation (Storm Drain)
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 16. Implementation (Storm Drain)
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90 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 17. Training (Storm Drain)
90 Days from effective data of First Amended and
Restated Agreement.
Deliverable No. 18. Right-of-Way Module Basic Package-
5 concurrent seats
120 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 19. 5 additional seats (Right-of-Way)
120 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 20. Project Initiation (Right-of-Way)
120 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 21. Installation (Right-of-Way)
120 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 22. Implementation (Right-of-Way)
150 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 23. Training (Right-of-Way)
180 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 24. (3} VoCarta Field Unit
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 25. (3) - Receivers, antennas,
receiver & antenna cables
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 26. (3) - Portable Power (batteries,
cables, charger)
60 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 27. VoCab Builder Software
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60 Days from effective data of First Amended and
Restated Agreement
Deliverable Mo. 28. VoCab License
60 Days from effective data of First Amended and
'Restated Agreement
Deliverable No. 29. Integration, Testing, Installation
& Training (Datria hardware/software)
90 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 30. VoCab Builder Training
90 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 31. Professional Services to customize
VoCab
90 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 32. Software/hardware maintenance
(Datria)
90 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 33. WMA/Crystal Interface Utility Basic
Program with 5 seats
30 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 34. Basic Report Creation (Crystal) -
not to exceed 3 reports
30 Days from effective data of First Amended and
Restated Agreement
Deliverable No. 35. Extended Client Support 12 months
for Crystal Interface Utility Program
12 months from date of City acceptance
D. Date for completion of all Consultant services:
Upon final acceptance by the City of these
deliverables, at which time maintenance will be triggered. Dates
may be extended in the City's sole discretion.
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9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
{x) Commercial General Liability Insurance: $1,000,000.
{x) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
Street Centerline GIS file, Public Works Operations
Materials information and costs, Public Works Operations
Equipment information and costs, Public Works Operations
Labor information (names, titles, divisions, hourly rates),
List of City parks and landscaped medians, Sanitary Sewer
Pipe GIS file, Sanitary Sewer Manhole GIS file
11. Compensation:
A. (x) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase Fee for Said Phase
1. WMA System Software $34,500
License Purchase-15 concurrent
Seats
2. Installation and $15,480
Implementation of WMA
3. Validated Data Loading $7,600
for WMA
4. Training for WMA $14,640
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-Work Process Session Design
-System Administrators
Work Order Users
Train the Trainer
Sub-Total (WMS) $72,220
5. IMA Software License Purchase $14,700
Basic Package-5 concurrent seats
6. IMA Project Initiation $4,040
7. IMA Installation $19,980
8. IMA Implementation $20,700
9. IMA Training $18,580
Sub-Total (6-9) $63,300
10. Creation of Sanitary $55,000 allowance
Sewer database in IMA from
GIS and linking data
Total (1-10) $205,220
11. IMA - 5 additional seats $3,000
12. Storm Drain Module (SD) $9,300
Basic Package-5 concurrent seats
13. 5 additional seats (SD) $3,000
14. Project Initiation (SD) $4,040
15. Installation (SD) $19,980
16. Implementation (SD) $20,700
17. Training (SD) $18,580
Sub-Total (11-17) $78,600
18. Right-of-Way Module (ROW) $9,300
Basic Package-5 concurrent seats
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19. 5 additional seats (ROW) $3,000
20. Project Initiation (ROW) $4,040
21. Installation (ROW) $19,980
22. Implementation (ROW) $20,700
23. Training (ROW) $18,580
Sub-Total (18-23) $75,600
Datria Hardware/Software Package (24-32)
24. VoCarta Field Unit (3) $50,553
25. (3) - Receivers, antennas, $13,950
receiver & antenna cables
26. (3) - Portable Power $900
(batteries, cables, charger)
27. VoCab Builder Software $5,995
28. VoCab License $3,000
29. Integration, Testing, $10,000
Installation & Training
(Datria hardware and software)
30. VoCab Builder Training $3,000
31. Professional Services $3,000
to customize VoCab
32. Software/hardware $13,392
maintenance (Datria)
Sub-total (24-32) $103,790
33. WMA/Crystal Interface Utility $3,700
Basic Program with 5 seats
34. Basic Report Creation $3,000
Crystal(S1,000 each)
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35. Extended Client Support $660
12 months for Crystal Interface
Utility Program
Sub-total (33-35) $7,360
Total First Amendment (11-35) $265,350
Contract Total $470,570
Extended Client Support (ECS) Service:
Year 1 Included {one year following acceptance by the City)
Year 2 18% of value of software ($54,200) = $9,756
Year 3 18% of value of software ($81,800) = $14,724
Year 4 18% of value of software ($81,800) = $14,724
Year 5 18% of value of software ($81,800} = $14,724
ECS Service Total $39,024
B. ( ) 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
herein below 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
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entitled to any additional compensation without further
authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from
providing additional Services at Consultant's own cost
and expense.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
13. Contract Administrators:
City: Dave Byers, Deputy Director of Public Works,
Operations, 707 "~' Street, Chula Vista, CA 91910, (619)
691-5175
Consultant: Jim Hallman, Manager, Program Implementation,
Management Systems, Stantec Consulting, Inc., 8211 South
48th Street, Phoenix, AZ 85044, (602) 707-4608
14. Liquidated Damages Rate: Not applicable.
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(x) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
1. Bill Processing:
A. Consultant's billing to be submitted for the following
period of time:
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Exhibit B
IIMS Acceptance Testing Plan
The following paragraphs detail the process of the Acceptance Testing Program. This testing will
be carried out with the live database at the completion of the implementation of the WMA and
IMA modules
1. Software Provision
The Integrated Infrastructure Management Software (IIMS) Version 6.4 will be provided. This
includes the Work Management Application (WMA), Infrastructure Management Application (IMA)
including the Sanitary Sewer, Storm Drain, and Right-of-Way modules. The package shall
include an installation cd plus installation documentation.
2. Software Installation
Stantec staff shall provide the converted WMS database and the IIMS 6.4 software application.
This will be installed on Chula Vista's computer facilities. The application installation will include
the setup of one client workstation. The City shall complete the setup of all other workstations.
3. WMA Implementation
The WMA implementation phase shall demonstrate the functionality of the Work Management
Application by undertaking the following acceptance test scenarios. All acceptance test scenarios
will be conducted by one or more members of Chula Vista's Core Group.
3.1 Administrative Setup
All or part of the following steps should be carried out, depending on the current setup of the
application. For example, if activities have already been defined then the steps do not have to be
repeated in this section.
The Administrative setup that is completed in this section will be referenced throughout the
remainder of the test plan.
3. 1.1 Users
a) Define user groups including menu and function security. The security settings
reflect the level of access the members of each user group will have to the
application.
b) Assign users to each group.
c) Log in as each user and make sure that the security is functioning correctly (limiting
access to menu items and functions where appropriate)
d) Change the password of one user and re-log in using the new password.
3. 1.2 Auxiliary Tables
a) Populate auxiliary tables where appropriate.
3. 1.3 Accounts
a) Define account types,
b) Define accounts for each account type.
c) If accounts already exist, make sure that any accounts and account types are
marked as abandoned where appropriate.
3. 1.4 Activities
a) Define activity types.
b) Define activities for each activity type including Utility and Structure designations
where applicable.
c) Mark appropriate activities as 'Available as Public Request'.
d) Define defaults and standards for each activity including priority, account,
assignments and standards. Make sure that only non-abandoned accounts are
available to be assigned to an activity.
e) If activities already exist, make sure that any activities are marked
3. 1.5 Resources - Payroll setup
a) Define charge codes for labor, material, equipment and contract.
b) Define reference codes for labor, equipment and contract.
3. 1.6 Resources - Resource Types and Resources
a) Under each resource category, define resource types. For each resource type,
assign a default charge code and reference code from 3.1.5.
b) Define resources for each resource type. For each resource, assign a charge code
and reference (;ode.
c) Assign rates to each resource at eacl~ type, charge code, reference code
combination.
3. 1.7 Resources - Crews
a) Create crew types.
b) Create crews for each crew type using labor, material, equipment and contract.
c) Make sure that the same resource can be assigned to more than one crew.
3. 1. $ Resources - Supervisors
a) Create supervisors.
b) Assign resources to each supervisor.
3. 1.9 Geographic References
a) Define cities that will be referenced in the application.
b) Define streets for each city.
c) Define districts, wards, neighborhoods and zones if applicable.
3. 1.10 Addresses
a) Define an address that identifies an address number, street and city. If applicable,
also fill in district, ward and zone.
3. 1.11 Site/Business
a) Define a site name.
b) Link the site to the mailing address defined in 3.1.10. Make sure that the site name
shows up in the Address Modify form.
3. 1.12 Customer
a) Define a customer.
b) Link the customer to the mailing address defined in 3.1.10. Make sure that the
customer name shows up in the Address Modify form.
3.2 Service Requests
The following section tests the functionality of the service request module. The following steps will
reference the steps followed in "Administrative Setup" to ensure that what was defined is reflected
during actual operation of the module.
3.2. t Create Public
a) In the Site field, enter the first few letters of the site name defined in 3.1.11 and
press Tab. Make sure that all address information is filled in automatically.
b) Add a location description in the Desc. field. Use the zoom function (Ctrl-Z) to view
the zoom window for the field.
c) In the First Name field, enter the first name of the customer defined in 3.1.12 and
press Find. Make sure that all address information is filled in automatically.
d) Select an activity. Make sure that only activities marked 'Available as public request'
from 3.1.4 are displayed in the list. Make sure that all defaults fill in correctly.
e) If Assignment defaults were not defined for the selected activity, fill in the
assignment fields with the appropriate employee name.
f) Enter Request information.
g) Mark the request for Call Back and enter notes in the When field.
h) Without committing the request, press NEW. Make sure it asks to save changes.
i) Press Yes to save the service request. Make sure it fills in the top line of the request
(Id, Status, Source and Date/Time).
3.2.2 Create Internal
a) In LocAtion Information, enter the addrbss number and street name for the address
defined in 3.1.10. Make sure it validates the address.
b) In the First Name field, enter the first name of an employee and press Find. Make
sure it fills in the rest of the Requestor information.
c) Press the activity pick list button. Make sure that it lists only non-abandoned
activities.
d) Press the account number pick list button. Make sure that it lists only non-
abandoned accounts.
e) Enter Request information.
f) Commit the request.
g) Press the CREATE Work Order button. Press REVIEW to review the work order.
Make sure all request information is correctly transferred to the work order.
3.2.3 Manage Requests
a) Find the public request created in 3.2.1 and press INVESTIGATE REQUEST. Make
sure the status changes to Investigate.
b) Enter field notes and mark the investigation complete. Make sure the status
changes to Initiated.
c) Cancel the request. Make sure the status of the request changes to Canceled.
d) Un-cancel the request. Make sure the status of the request changes to Initiated.
e) Create a work order from the request. Make sure the status of the request changes
to Planned.
f) Enter customer contact notes for the request. Mark the request as requiring another
call back.
g) De-link the service request from the work order. Make sure the status of the work
order changes to Initiated.
h) Change the status of the request back to Investigate.
i) Review the event log for the request and make sure that the investigation notes,
customer contact notes and all status changes are listed.
3.2.4 Enter Investigation Notes
a) Make sure the public request from 3.2.3(h) is listed in the Service Request
Investigation List under the correct employee assignment.
b) Enter field notes for the request and mark the investigation complete.
c) Commit t'he field notes. Make sure the service request is removed from the Service
Request Investigation List.
3.2.5 Process Carl Backs
a) Make sure that the public request from 3,2,3(f) is listed in the Service Request Call
Back List under the correct employee assignment.
b) Enter call details for the request and un-mark the Call Back Required field.
c) Close the Customer Contact Log, Make sure the request is removed from the
Service Request Call Back List.
3.3 Work Order
The following section tests the functionality of the work order module. The followin9 steps will
reference the steps followed in "Administrative Setup" to ensure that what was defined is reflected
during actual operation of the module.
3.3. 1 Create Work Order
a) Select an activity, Make sure that only non-abandoned activities are listed. Make
sure that the defaults and Estimates automatically fill in according to how the activity
was defined in 3,1.4.
b) Fill in all other Work fields.
c). Select the Site name from 3.1.71. Make sure all location inform,ation automatically
fills in.
d) Enter Special Instructions.
e) Fill in a Planned start date using the pick list button. Fill in a Planned End date by
typing in the numbers of the day and pressing Tab. Make sure it fills in the current
month and current year,
f) Commit the work order, Make sure that id#, Status, Approved By and Initiated date
are filled in.
3.3,2 Assign Resources
a) Press ASSIGN RESOURCES to open the Resources Assignment form.
b) Press ADD RESOURCE TYPE to assign resource types to the work order.
c) Change the Assigned To field to the name of a supervisor you created in 3.1.8.
Click on each assigned resource type and make sure that the resources that are
listed are only those assigned to that supervisor.
d) Assign the individual resources to the work order for each resource type using the
pick list button or by double-clinking on the resource.
e) Close the Resource Assignments form.
f) Go back into the Assign Resources form and make sure that all resources are still
there. DE ASSIGN all resources,
g) Assign a crew from 3.1.7 to the work order.
h) Press SCHEDULE RESOURCE to open the Resource Scheduling form.
i) Schedule the assigned resources for the current day.
j) Close back to the work order. Make sure that the Scheduled Stad and End Dates
are correct on the work order.
3,3,3 Manage Work Orders
a) Under Admin - System Audit, make all events active.
b) Cancel the work order. Make sure the status of the work order changes to
Canceled.
c) Un-cancel the work order. Make sure the work order changes back to Scheduled.
d) Suspend the work order. Make sure the work order changes to a status of
Suspended.
e) Un-suspend the work order. Make sure the status of the work order changes back
to Scheduled.
f) Create a follow-up work order. Make sure that Work Order Links shows the link
between the two work orders.
g) Look at work order history and make sure that all status changes are displayed,
3.4 Data Entry
The following section tests the functionality of the data entry module. Timesheets should be
entered to represent a series of days, spanning over several months. For example, timesheets
should be entered with dates from one year ago through to the current date. This will provide
monthly and yearly summaries.
3.4.1 Productive by Work Order
a) Enter the work order number created in 3.3.1.
b) Enter the current date. Make sure that the resources scheduled in 3.3.2 show up in
the list of resources.
c) Enter a usage for each resource. Look in Modify Entry- Cost Details to make sure
that the correct rate is being used for the resource, as set up in 3.1.6.
d) Commit the timesheet changes.
e) Repeat these steps for several day's worth of entry for several work orders, using a
variety of resources and rate combinations.
f) Run a Batch Update.
3.4.2, Productive by Resource.
a) Enter a resource id thai was created in 3.1.6.
b) Enter the current date.
c) Enter the work order number created in 3.3.1.
d) Enter a usage for the work order.
e) Commit the timesheet changes.
f) Repeat these steps for several day's worth of entry for several work orders, using a
variety of resources and rate combinations.
g) Run a Batch Update
3.4.3 De-assigning Resources
a) Modify the work order from 3.3.1 and de-assign the resources that were assigned to
the work order.
b) Go back into Data Entry - Productive by Work Order and pull up same work order
for the current day. Make sure the resources are still entered for that day.
3.5 Plannin,q
The following section tests the functionality of the planning module. It focuses specifically on
Project Management and Expenditure Summaries. In order to completely test the expenditure
summaries, the timesheet entry steps in 3.4.1 and 3.4.2 should be repeated several times to
create a good data sample.
3.5. 1 Create Project
a) Select an employee for the Assigned To field and an account for the Account field.
Make sure that only non-abandoned accounts are available to be assigned to the
event..
b) Give the project a description. Use the zoom function (CtrI-Z) to open the zoom
window for the Desc. field.
C) Commit the project. Make sure that Id and Status are filled in.
d) Press PROJECT DETAILS and enter a detailed description on the project.
e) Press ADD WORK ORDER to create a work order associated with the project.
Make sure that the application prompts you to replace the project account number if
the work order activity has a default account number.
f) Close the Create Project form.
g) Modify the work order from 3.3.1 and Pink the work order to the project created
above.
h) Review the project and make sure that the work order shows up.
3.5.2 Manage Projects
a) Using Work Order Management, change the status of the work orders associated
with the project (i.e. cancel, schedule, suspend, complete). Make sure that the
status of the project is correct. The status of the project should follow the lowest
status of the work orders (4 of the work orders are completed and one is active, the
project should be active).
b) Following the steps in 3.4, enter timesheet data for the work orders in 3.5.2.
c) After Batch Update Processing, review the PROJECT COSTS to make sure that the
numbers are adding up correctly.
3.5.3 Expenditure Summaries
a) In Monthly Activity Expenditure, select January of the current year.
b) Select the activity type for the activity used on the work order created in 3.3.1.
c) Press BREAKDOWN to show the resource category breakdown for the activity type.
Make sure the Totals fields are adding correctly and that the Month Total and Year
to Date numbers are the same (since it is the first month).
d) Close the Breakdown form and press COST DETAILS to show the activities.
e) Select the activity for the work order created in 3.3.1.
f) Press BREAKDOWN to show the resource catbgory breakdown for the activity.'
Make sure the Totals fields are adding correctly and that the Month Total and Year
to Date numbers are the same (since it is the first month).
g) Also make sure that the unit costs are calculating correctly as the Total divided by
Actual Production.
h) Close the Breakdown form and press DETAILED CHARGES to show the timesheet
entries for the activity. Make sure the month totals are adding correctly.
i) Repeat these steps for each of the months, making sure that the year to date values
are adding correctly each month.
Repeat the above steps for Monthly Account Expenditure and Monthly Resource
Expenditure.
In YTD Activity Expenditure, select the current year.
k) Select the activity type for the activity used on the work order created in 3.3.1.
Press BREAKDOWN to show the resource category breakdown for the activity type.
Make sure the Totals are adding correctly for each resource category.
m) Close the Breakdown form and press MONTHLY TREND to show the monthly
breakdown for the activity type. Make sure the totals are adding correctly for each
category and for each month.
n) Close the Monthly Trend form and press COST DETAILS to show the activities.
o) Press BREAKDOWN to show the resource category breakdown for the activity.
Make sure the Totals are adding correctly for each resource category.
p) Close the Breakdown form and press MONTHLY TREND to show the monthly
breakdown for the activity. Make sure the totals are adding correctly for each
category and for each month.
Repeat the above steps for the previous year and for YTD Account Expenditure and YTD
Resource Expenditure.
4. IMA Implementation
The IMA implementation phase shall demonstrate the functionality of the Infrastructure
Management Application by under[aking the following acceptance test scenarios. All acceptance
test scenarios will be conducted by one or more members of Chula Vista's Core Group. The
following criteria applies to all installed IMA modules as listed on the current SLA, attached as
Exhibit D.
4.1 Administrative Setup
All or pad of the following steps should be carried but, depending on the current setup of the
application. For example, if structures have already been defined then the steps do not have to
be repeated in this section.
The Administrative setup that is completed in this section will be referenced throughout the
remainder of the test plan.
4. 1.1 Attribute Codes
a) For each applicable code type, define at least two codes. These codes will be used
in the structure attribute forms.
4.2 Network Definition
The following section tests the functionality of the Network definition module. This module allows
you to define global sections that will be referenced by each structure. In order for this module to
be tested, streets must already be defined (section 3.1.9).
4.2. 1 Sections
a) Add a new section with a unique section id. Select a Street, From Street and To
Street for the section.
b) Add a second section with the same id as the previously defined section. Make sure
that it displays the previously defined section.
4.3 Structures
The following section tests the functionality of the Structure module. This will test the creation of
new structures, assigning structure attributes and linking structures. The steps for testing this
module will reference the steps followed in "Administrative Setup" and "Network Definition" to
ensure that what was defined is reflected during actual operation of the module.
4.3. 1 Add New Structures
a) In the New Structure Definition form, define two new structures for each applicable
structure type (i.e. sanitary pipe, manhole and service within the Sanitary utility). For
each structure, fill in a production value and location information, including a Global
Section Number defined in 4.2.1.
b) Use the Structure Attributes button to open the attribute form the structure type. Fill
in all appropriate attributes for the structure. Make sure the pick lists are displaying
the codes defined in 4.1.1.
c) After creating one structure for a structure type, use the New button to create the
second structure of the same structure type. Make sure that only the Structure Id
field is cleared for the new structure.
4.3.2 Access Structure Data
a) Using the Structure Management form, use the search filter to locate the structures
created in 4.3.1.
b) Press the Attributes button to display the attributes. Make sure that all attributes
added in 4.3.1 are displayed. Make sure that the attributes cannot be modified while
the form is not in Edit Mode. Turn Edit Mode on and make sure that the attributes
can be modified.
c) From the Structure Management form, press the Location button to display the
structure location information. Make sure that all location information defined in
4.3.1 is displayed. Make sure that none of the data can be modified.
d) From the Structure Management form, click in the Edit Mode toggle field then press
the Location button. Make sure that the location information can now be modified.
4.3.3 Define Structure Groups
a) Create a structure group for each structure type from 4.3.1. Attach structures
created in 4.3.1 to the group. Make sure that the Sum shows the sum of the
production values for the structures and that the Number shows the correct number
of structures in the group.
4.4 Linkinq Structures
The following section tests the linking capabilities of the application. Using the structures created
in section 4.3, relationships will be defined between primary and secondary structures.
4.4.1 Links
a) From the Structur~ Management form, select a primary structure (i.e. sanitary pipe),
click in the Edit Mode toggle field the press the Links button.
b) Add a secondary structure type (i.e. sanitary manhole) and structure id from 4.3.1.
c) Close the Structure Linkage Edit form, turn off the Edit Mode toggle and press the
· Links button to review the linke.d structures. Make sure the sec9ndary structures
added above are displayed.
d) From the Structure Management form, select the secondary structure from 4.4.1(b)
and press the Links button. Make sure the primary structure from 4.4.1(a) is
displayed.
4.4.2 Global Sections
a) Under the Network menu, select a section defined in 4.2.1 and press Related
Structures. Make sure that all structures associated with the global section in
4.3.1 (a) are displayed.
Following successful completion of the Acceptance Test for the Work Management Application
and Infrastructure Management Application as described above, Chula Vista shall accept the
IIMS software.
The Work Management Application and Infrastructure Management Application including all
modules as listed in the SLA attached as Exhibit D. should be working to the City's satisfaction for
30 working days and then the City will accept the software. Stantec will replace or fix any part of
these applications during the 12 months following the acceptance, all in accordance to the other
articles of this agreement and its attachments
STANTEC CONSULTING INC
Lisa Clarke
Program Manager, Management Systems
Iclarke@stantec corn
I:\califomia\chula-vista\832-256-01 wma project\admin\agreements 08-08-00\acceptestantecrevl.doc
Exhibit C
EXTENDED CLIENT SUPPORT AGREEMENT
Whereas, Consultant and City have entered into an agreement for the upgrade, expansion, and
maintenance of the Public Works Operations' Work Management System ("Agreement"); and
WHEREAS, the CLIENT has acquired a License to use certain computer programs, as designated in this
agreement, owned or re-marketed by STANTEC; and
WHEREAS, the CLIENT is desirous of obtaining support services for the software; and
WHEREAS, STANTEC is willing to provide support services under this Extended Client Support
Agreement "ECS");
NOW THEREFORE, in consideration of the mutual agreements contained herein, STANTEC agrees to
provide and the CLIENT agrees to accept and pay. for support services as follows:
A. TERM
Stantec shall provide extended client support for an initial one year term following acceptance by the City.
Years 2 through 5 shall be at fee specified in Exhibit A. This ECS may be renewed at City's option after
Year 5 per Exhibit A, Section 11 of the Agreement by City's written acknowledgment of letter from
Consultant requesting City's interest in renewal of ECS, and upon mutual agreement as to term and
maintenance dollar amount.
B. SCOPE
Subject to the terms of this Agreement, STANTEC will provide the CLIENT with software upgrades,
related documentation updates and teJephone support as described herein. The CLIENT shall pay to
STANTEC a fee for ECS support_as described in Exhibit "A", Section It of the Agreement. The services
provided hereunder apply only to STANTEC software programs licensed for use by the CLIENT as
described in Exhibit "A". The Software License Agreement for all products supported by this Agreement
must be in effect without default on the part of any party prior to the signing of this Agreement.
C. DEFINITIONS
1. Software Upgrades -
Software upgrades encompass new capabilities/features that serve to improve software
performance, or to enhance any function currently supported by STANTEC software
together with related documentation updates.
2. Telephone Support-
Telephone support is the provision of technical consultation, including: remote installation
assistance; assistance in the use of STANTEC software products; and, remote assistance in error
isolation and correction. Telephone support only applies to STANTEC software programs
licensed for use by the CLIENT.
SOFTWARE SUPPORT SERVICES
1. Under this Agreement, the CLIENT will receive during the MAINTENANCE PERIOD software
upgrades and associated documentation updates to $TANTEC software programs which were
licensed for use by the CLIENT. The costs of shipping and handling of software upgrades and
associated documentation are included in the annual fee as described in Exhibit "A'.
11/00 1 of 5
2. During the "Principal Period of Support" defined in Attachment "A", attached hereto and
incorporated herein by reference, STANTEC will provide the CLIENT support services to keep the
software performing in accordance with its written specifications. If support service is requested
by CLIENT to be performed outside the Principal Period of Support, such service will be provided
at the applicable STANTEC per call rates and terms then in effect.
3. Subject to the terms of this Agreement, the CLIENT is entitled to telephone support during the
MAINTENANCE PERIOD.
4. In the event problems cannot be resolved through telephone consultation, STANTEC will provide
on-site assistance as mutually deemed necessary on a time and materials basis pursuant to
Attachment "B" attached hereto and incorporated herein by reference. Such time and materials
charges will be paid by CLIENT in addition to the annual fee described herein if problem is
determined to be in the data client has edited/input.
5. Maintenance of and upgrades to custom software will be charged to the CLIENT on a time and
materials basis pursuant to Attachment "B". Such charges a're in addition to the amounts
pr:ascribed by Exhibit "A". STANTEC will provide the CLIENT a'non-binding written estimate of'
the cost of custom programming and will obtain approval from the CLIENT before commencing
and such work.
E. EXCLUSIONS FROM STANTEC SUPPORT SERVICES
Support service provided under this Agreement does not assure uninterrupted operation of the software.
The following services are outside the scope of STANTEC support services provided hereunder and the
CLIENT may incur charges, on a time and materials basis, in addition to the support fee prescribed
herein, if support services are required for any of the following reasons:
Failure to continually provide a suitable installation environment including, but not limited to, the
failure to provide adequate electrical power, air conditioning or humidity control, or the CLIENT's
improper use, management or supervision of the equipment including, without limitation, the use
of supplies, disc packs, and cartridges;
2. Any cause external to the software adversely affecting its operability or serviceability which shall
include, but not be limited to fire, flood, water, wind, lightning, and transportation, neglect or
misuse;
3. System hardware failure;
4. Use of the software for purposes other than that for which it is designed;
5. Customized features made to the base software program released by STANTEC. Upon review by
STANTEC, said customized features may be eligible for support at an additional fee or on a time
and materials basis as mutually agreed upon by STANTEC and the CLIENT;
6. Alterations to the software by non STANTEC personnel. If persons other than STANTEC
personnel change any suppod service on any software covered by this Agreement, and as a
result thereof, any support service by STANTEC is required to restore the software to good
operating, such suppod service will be provided at the applicable STANTEC rates for time and
materials then in effect.
F. ACCESS TO SOFTWARE
1. CLIENT will provide STANTEC with full and free access to the software to provide the services
hereunder, within normal business hours, as defined in Attachment "A".
2. Should CLIENT have modem access or add modem access during the term of this Agreement,
CLIENT will provide modem access to the computer on which the software is operating to
authorized STANTEC support representatives for such time as is deemed necessary by
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STANTEC. Client's telephone modem remote access expenses will be paid bythe CLIENT.
These modem access expenses are in addition to the support fee described herein.
G. FEES
The annual support fees shall be set forth in Exhibit A of the Agreement. The total annual fees shall be
due and payable upon receipt of STANTEC's invoice and shall be paid semi-annually in arrears. Any
amount not paid within forty-five (45) business days of the date of receipt of the invoice shall bear interest
at the rate of eighteen percent (18%) per annum until payment has been received by STANTEC. If
CLIENT fails to make payment within forty-five (45) business days of receipt of the invoice, all extended
support will be paid by CLIENT at STANTEC's then current time and materials fees.
H. TERMINATION
1. STANTEC will notify the CLIENT at least 60 days in advance of the expiry of the five year
Extended Client Support Services Agreement. If the CLIENT wishes to continue receiving support
after that date, a new Extended Client Services Agreement and fees will be negotiated at that
time.
2. Should the CLIENT elect not to renew support service on at the end of Year 5 stated in the
Agreement or terminate support as provided above, and then later elect to reinstate support
services, CLIENT agrees to pay STANTEC's Extended Client Support re-instatement fees, if any,
as negotiated and mutually agreed upon by both parties at that time.
I. DISCLAIMER - CLIENT'S RESPONSIBILITIES
1. It is the responsibility of the CLIENT to ensure that all of its files are adequately duplicated and
documented. STANTEC will not be responsible for the CLiENT's failure to duplicate and
document its files, or for the cost of reconstructing data stored on disc files, tapes, memories, etc.,
lost during the course of performance of maintenance service or hardware failure.
2. STANTEC is not responsible for any failure to render service due to strikes. Neither party shall
be held responsible for any delay in performance hereunder arising out of causes
beyond its control and without its fault or negligence. Such causes may include, but are
not limited to, fires, strikes, embargoes, acts of God, inability to secure transportation
facilities or other causes beyond the control of either party.
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Attachment A
The principal period of support is 9:00 a.m. to 5:00 p.m. Pacific Standard Time Monday to Friday
excluding the following observed holidays.
STANTEC CONSULTING INC.
................... ~__9.9-2000 H~_Sch~ ~u~..e
Ho!iday 1999 Observance 2000 O~s~..anc~_
New Year's Day January 1, 1999 January 3, 2000
Memorial Day May 31, 1999 May 29, 2000
Independence Day July 5, 1999 July 4, 2000
Labour Day September 6, 1999 September 4, 2000
Thanksgiving Day November 25, 1999 November 23, 2000
Christmas Day December 24, 1999 December 25, 2000
11/00 4 of 5
Attachment B
EXTENDED CLIENT SUPPORT
Time and Material Fees Schedule
I. Time is billed at the rate of $200.00 per hour, one (1) hour minimum.
II. Material is billed for all expenses plus fifteen (15) percent, (other than time covered in Section I.),
to include but not be limited to: travel; lodging; meals; communication; and consumable supplies
mutually deemed necessary to provide requested CLIENT assistance.
, oo '9, sots
Exhibit D
SOFTWARE LICENSE AGREEMENT
TERMS AND CONDITIONS
1. SCOPE
This License Agreement (hereinafter referred to as %LA') shall apply to the rental, lease and/or
license of the proprietary computer software product(s) specified in Paragraph 1 herein. For
purposes of this Agreement, the term 'PRODUCT' shall mean that specific proprietary computer
software product (including programs, documentation and any subsequent updates) specified as
follows:
Software Name Number of Seats
Work Management Application (WMA) 25 Seats
Infrastructure Management Application 10 Seats
IMA Sanitary Sewer Inventory Module '10 Seats
IMA Storm Drain Inventory Module 10 Seats
IMA ROW Inventory Module 10 Seats
IMA Supplemental Data Module 5 Seats
IMA-GIS Interface Module 25 Seats
Report Writer (Crystal Interface Module) 25 Seats
2. LICENSE
The PRODUCT is protected by copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties. The PRODUCT is licensed, not sold.
STANTEC hereby grants to, and the CLIENT hereby accepts, subject to the terms and
conditions specified herein, nontransferable and nonexclusive license to use the PRODUCT
exclusively in the CLIENT's business, for the CLIENT's benefit and on CLIENT operated
computing equipment. The CLIENT expressly agrees to use the PRODUCT for its own internal
operations only and not to allow the PRODUCT to be re-marketed, shared, assigned or used in
any manner whatsoever by any other party.
The PRODUCT shall be used by the CLIENT at City of Chula Vista offices, including but not
limited to, the following locations:
276 Fourth Avenue, 707 "F" Street, 1800 Maxwell Road in Chula Vista
This license and the PRODUCT may be shared or used concurrently on different computers as
authorized to do so herein. The PRODUCT is licensed as a single product. Its component
parts may not be separated for use on more than one computer.
The CLIENT assumes full responsibility for the condition and effectiveness of the operating
environment in which the PRODUCT is to function.
The CLIENT shall use the PRODUCT for internal purposes only. The CLIENT shall not copy or
duplicate the PRODUCT without the prior written consent of STANTEC, except that the CLIENT
may copy the PRODUCT once, only to ensure adequate back-up in support of the CLIENT's
use of the PRODUCT. The CLIENT shall not provide, transfer, assign, rent, lease, lend or
otherwise make available the PRODUCT or any part or copies in any form to any third party,
except as may be permitted in writing by STANTEC. The CLIENT may not copy the printed
materials accompanying the PRODUCT.
3. TITLE
.Title to the PRODUCT and any reproduction thereof, all property rights therein, and a~l materials
supplied to the CLIENT under this Agreement shall remain the sole property of STANTEC. All
copyright, patent, trade secret and other intellectual and proprietary rights in the PRODUCT are
and remain the valuable property of STANTEC.
4. NON-DISCLOSURE
The CLIENT understands and agrees that the PRODUCT constitutes proprietary information
and trade secrets of STANTEC. The CLIENT agrees to keep confidential and to exercise its
best efforts to prevent and protect the PRODUCT, or any part thereof, from disclosure to any
person other than the CLIENT's employees having need for disclosure incident to the CLIENT's
use of the PRODUCT.
5. LIMITATIONS ON REVERSE ENGINEERING~ DECOMPILATION AND DISASSEMBLY
Reverse engineering, decompilation or disassembly of the PRODUCT is prohibited, except and
only to the extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
6. YEAR 2000 COMPLIANCE
Stantec warrants that the currently supported releases of the PRODUCT will:
a) correctly handle date information before, during and after 1 January 2000, accept date input,
provide date output and perform calculations on dates, including leap year calculations;
b) function according to the documentation, during and after 1 January 2000, without changes
in operation associated with the advent of the new century; and
c) store and provide output of date information in ways that are unambiguous as to century
when configured and used according to the documented instructions, provided that the
hardware, software, firmware, and other computing facilities used in combination with the
PRODUCT properly exchange date and other data with the PRODUCT; and
d) the currently supported releases of the Product will perform in accordance with product
documentation for a period of twelve months from the date of acceptance of the Product by
the City. Upgrade and new releases will perform in accordance with product documentation
for a period of 12 months from the data of acceptance of the upgrades/new releases, by the
City.
7. RESTRICTED USE
The PRODUCT will be used by the CLIENT to process or analyze data collected within the
jurisdiction of the CLIENT for the CLIENT's internal purposes and no other. The output from the
PRODUCT may be provided to a third party who is doing design work for the CLIENT for the
period of the working arrangement. Under no circumstances shall the CLIENT use the
PRODUCTS to provide services, to any third party, related to infrastructure data, needs or
evaluation analysis.
~uoo - ~/.2 2 of 3
8. TERM
This AGREEMENT is effective from the date of its execution by City. Said execution shall occur
after Stantec has executed the Agreement. This Agreement shall remain in force until
terminated by either party as provided herein. However, the terms and conditions of this
AGREEMENT under Paragraphs 3 and 4 shall continue in full force and effect and shall survive
the termination of this AGREEMENT and any Schedule(s) that become a part of this
AGREEMENT.
1 ~/o() q/4 - q~' 3of3
Exhibit E
ESCROW AGREEMENT
WHEREAS, Consultant/Licensor agrees to deposit in escrow a copy of the source code and all
related documentation (hereinafter referred to as the "Source Code") for the Product; and as listed
under Item 1 of the Software License Agreement (SLA~, and
WHEREAS, the herein parties agree that City shall be entitled to obtain possession of the Source
Code and all revisions thereof under circumstances herein set forth;
NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good
and valuable consideration, the adequacy and receipt of which are hereby acknowledge, the parties
agree as follows:
1. Deposits
The Escrow Agent agrees to obtain from the City a copy of the Source Code~ as described in SLA
(appended hereto and made a part hereof by this reference) and all revisions thereof, as hereinafter
set forth.
2. Representations of Consultant/Licensor
Consultant/Licensor hereby represents and warrants that:
(a) the material described in the aforesaid SLA constitutes the Source Code and documentation
for the Product licensed to County/Licensee under the aforesaid Main Agreement;
(b) the Source Code delivered to the Escrow Agent is in a form suitable for reproduction by
computer and/or photocopy equipment, and consists of a full source language of the program
or programs comprising the Product and where available all relevant documentation, and
(c) the Consultant/Licensor will promptly supplement the Source Code delivered hereunder with
all revisions, corrections, enhancements or other changes so that the Source Code
constitutes a human readable program for the most current release of the Product.
3. Term
This Escrow Agreement shall remain in effect during the term of said Main Agreement and any
Software Maintenance Contract between County/Licensee and Consultant/Licensor. Termination
hereof is automatic upon delivery of the deposited Source Code to County/Licensee in accordance
with the provisions hereof. Notwithstanding the foregoing the Escrow Agent may give 120 days
notice of termination of this Agreement to the other parties (the date between the date of delivery of
the notice and the expiration of this Agreement is herein referred to as the "Termination Period"). If
another Source Code Escrow Agreement that is substantially the same as this Agreement and that
has been accepted as a replacement by the County/Licensee (which acceptance shall not be
unreasonably withheld), a default shatl be deemed to have occurred under paragraph 4 and this
agreement shall remain in force until such time as the Escrow Agent's duties under paragraph 5 are
completed. The Escrow Agent shall have no obligation to ascertain whether another Escrow
Agreement has been entered into or accepted.
4. Default
07/99 1 of 3
A default by Consultant/Licensor shall be deemed to have occurred under this Escrow Agreement
upon the occurrence of any of the following, and upon 30 days written notice to the City:
(a) if Consultant/Licensor has availed itself of, or been declared bankrupt.
(b) if Consultant/Licensor has ceased its ongoing business operations, or has ceased
maintenance or other support of the Software.
(c) If (a) or (b) occurs, the Consultant shall inform the City in writing 30 days in advance.
5. Notice of Default
Couety/Licensee shall give written notice to Escrow Agent and Consultant/Licensor of the
occurrence of a default hereunder. Unless within thirty (30) days thereafter Consultant/Licensor files
with the Escrow Agent its affidavit executed by a responsible executive office stating that no such
default has occurred or that the default has been cured, then the Escrow Agent shall upon the thirty-
first (31st) day deliver to County/Licensee in accordance with County/Licensee's instructions the
entire Source Code with respect to the Product then being held by Escrow Agent.
If such an affidavit is filed with the Escrow Agent, the Escrow Agent shall not deliver the Source
Code to the County/Licensee until directed to do so by the Consultant/Licensor and County/Licensee
jointly, or unti! ordered to do so pursuant to .any court proceedings initiated.by the padies of this
agreement.
6. Escrow Liability
Escrow Agent shall not, by reason of its execution of this Escrow Agreement, assume any
responsibility of liability for any transaction between Consultant/Licenser and County/Licensee, other
than the performance of its obligations, as Escrow Agent, with respect to the Source Code and held
by it in accordance with this Escrow Agreement.
The Escrow Agent shall not be responsible for any act or failure to act on its part except in the case
of its own willful defaulL The County/Licensee and the Consultant/Licensor jointly and severally
indemnify and agree to indemnify and hold the Escrow Agent harmless from any and all losses,
damages, claims, liabilities, judgements and other costs and expenses of every kind and nature
which have not resulted from the Escrow Agent's own willful default and which may be incurred by
the Escrow Agent by reason of its acceptance of, and its performance under this Agreement,
including, without limitation, legal fees either paid to retained attorneys or amounts representing the
fair value of legal services rendered.
7. Confidentiality
Except as provided in this Escrow Agreement and except as required by due process law, Escrow
Agent agrees that it shall not divulge or disclose or otherwise make available to any third person
whatsoever, or make any use whatsoever, of the Source Code, without the express prior written
consent of Consultant/Licensor.
8. Assignment
Neither this Escrow Agreement, nor any rights, liabilities or obligations hereunder may be assigned
by any par~y hereunder without the prior written consent of both of the other padies.
9. Notice
07/99 2 of 3
Any notice or demand, which may or must be given or made by a party hereto, under the terms of
this contract or any statute or ordinance, shall be in writing and shall be sent registered or certified
mail to the other party addressed as follows:
To CONSULTANT/LICENSOR: Stantec Consulting Inc.
8211 S 48Ih Street
Phoenix, Arizona
85044-5355 USA
Attention: Dick Dorwart
To COUNTY/LICENSEE:
To ESCROW AGENT: Pavey, Law
Barristers & Solicitors
19 Cambridge Street
Cambridge, Ontario
Canada N1R 3R8
,Attention: Brian Law
Any party may designate a different addressee or address at any time by giving written notice
thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or
certified mail, shall be deemed dispatched on the registered date or that stamped on the certified
mail receipt and shall be deemed received within the second business day thereafter or when it is
actually received, whichever is sooner. Any notice delivered by hand shall be deemed received
upon actual delivery.
10. Remedies
It is agreed that any right or remedy provided for herein shall not be considered as the exclusive
right or remedy of any party herein for any default in any respect by another party, but such right or
remedy shall be considered to be in addition to any other right or remedy hereunder or allowed by
law, equity, or statute.
11. Compliance with Laws
The laws of the State of California shall govern all questions and interpretations concerning the
validity and construction of this contract and the legal relations between the herein parties and
pertormance under it. The appropriate venue and jurisdiction for any litigation hereunder will be
those courts located within the State of California and any litigation involving the Escrow Agent the
appropriate venue and jurisdiction will be those courts located within the California.
Litigation courts involving Consultant/Licensor and County/Licensee will be in the appropriate court
within the State of California. If any provision of this contract is held invalid, illegal or unenforceable,
the remaining provisions will not be affected.
12. Compensation
The County/Licensee agrees to pay the Consultant/Licensor the one time fee of $500.00 dollars to
cover the Escrow related costs.
07/99 3 of 3
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY00/01 CIP BUDGET
(GG171) BY APPROPRIATING $11,452 FROM THE
UNAPPROPRIATED BALANCE OF THE RESIDENTIAL
CONSTRUCTION TAX FUND TO OFFSET THE GENERAL
FUND COSTS FOR THE INTERNS FOR COLLECTING FIELD
DATA UTILIZING THE VOICE-TO-DATA COUPLED WITH
GPS TECHNOLOGY
WHEREAS, staff did not request funding for interns in the CIP Project, initially, because
it was decided that this cost should be placed in the operating budget for the Public Works
Department; and
WHEREAS, staff will be requesting during the budget process, funding for interns in the
operating budget of approximately $42,800 per year over the next three years and it is proposed
that the C1P Project ~vill reimburse the operating budget for $42,800 per year starting in
FY2001/02; and
WHEREAS, the interns will be hired to collect an inventory of data such as traffic
legends, pavement markings, street trees, street lights, medians, sign supports & signs, traffic
signals, and guard rails and to collect attribute data such as length, width, traffic information,
pavement types and condition information; and
WHEREAS, a total of $11,452 will be appropriated in the operating budget, with
offsetting revenue of RCT funds appropriated in the C1P budget, for the remainder of the fiscal
year to allow interns to start collecting field data.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY00/01 budget (GG171) by appropriating $11,452 from the
unappropriated balance of the Residential Construction Tax Fund to offset the General Fund to
pay interns for City staff services for the remainder of the current fiscal year collecting field data
utilizing the voice-to-data coupled with GPS technology.
Presented by Approved as to form by
John P. Lippitt Joh~M. Kaheny ~"
Director of Public Works Ci'r'y Attorney
H:\home\attorney\rs\CIP intern approp
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY00/01 BUDGET BY
APPROPRIATING $11,452 FROM UNAPPROPRiATED
BALANCE OF THE GENERAL FUND TO PAY INTERNS FOR
CiTY STAFF SERVICES FOR THE REMAINDER OF THE
CURRENT FISCAL YEAR
WHEREAS, staff did not request funding for interns in the CIP Project, initially, because
it was decided that this cost should be placed in the operating budget for the Public Works
Department; and
WHEREAS, staff will be requesting during the budget process, funding for interns in the
operating budget of approximately $42,800 per year over the next three years and it is proposed
that the CIP Project will reimburse the operating budget for $42,800 per year starting in
FY2001/02; and
WHEREAS, the interns will be hired to collect an inventory of data such as traffic
legends, pavement markings, street trees, street lights, medians, sign supports & signs, traffic
signals, and guard rails and to collect attribute data such as length, width, traffic information,
pavement types and condition information; and
WHEREAS, a total of $11,452 will be appropriated in the operating budget, with
offsetting revenue of RCT funds appropriated in the CIP budget, for the remainder of the fiscal
year to allow interns to start collecting field data.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY00/01 budget by appropriating $11,452 from unappropriated
balance of the General Fund to pay interns for City staff services for the remainder of the current
fiscal year.
Presented by Approved as to form by
John P. Lippitt Joy M. Kaheny
Director of Public Works .C~fty Attorney
H:\home\attomeySrs\CIP intern unanticipated
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 03/20/01
ITEM TITLE: Resolution Appropriating $38,016 from the available balance in the
Federal Disaster Assistance Fund for repayment to the Office of Emergency
Services for work on the Bonita Long Canyon Dam.
SUBMITTED BY: Director of Pub!ic Works~
REVIEWED BY: City Manager 0~ (4/Sths Vote: Yes X No _)
The City of Chula Vista has received $46,939 in funds from the Office of Emergency Services
(OES) related to severe damage in the Bonita Long Canyon from the 1995 winter storms. Due to
the amount of damage and the saturated condition of the canyon, timely repairs could not be
completed within the time constraints imposed by OES. During this period, the City made two
unsuccessful appeals for time extension. The OES is now requesting that a total of $43,663 in
overpayment of funds related to this project be refunded to them. The CIP project DR-129 has a
remaining balance of $5,647 and it is now necessary for Council to approve repayment of the
remaining balance of $38,016 from the available balance in the "Federal Disaster Assistance" fund.
RECOMMENDATION: That the City Council appropriate revenues in the amount of $38,016 from
the available balance in the Federal Disaster Assistance Fund for repayment to the State of
California Office of Emergency Services for unapproved expenses on the Bonita Long Canyon Dam
project (CIP No. DR-129) from Fund 271.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Public Works Director has been notified of an overpayment made to the City by the Office of
Emergency Services (OES) for damage to the Bonita Long Canyon area caused by the 1995 winter
storms. The City of Chula Vista maintains a dam built by McMillin in the Bonita Long Canyon as
part of the Bonita Long Canyon Estates project. The dam was designed as a detention basin to
protect properties downstream from flooding and it serves as a siltation basin and needs to be
cleaned periodically.
In early 1996, staff started the initial process working with the various permitting agencies in order
to remove the debris, vegetation and silt accumulated primarily during the severe winter storms in
late 1995. Under Section 404 of the Clean Water Act, the City is required to obtain a permit from
the U.S. Army Corps of Engineers (USACE) to remove the debris, vegetation and silt. A permit
was also required from the California Department of Fish & Game (CDFG) and an application was
submitted on January 13, 1997. Staff initially could not get an indication from the USACE on their
requirements until March 1997.
Page 2, Item
Meeting Date 03/20/01
The City formally applied for the necessary permits and obtained one from the CDFG on May 20,
1997 that expired on December 31, 2000. The USACE responded on July 15, 1997 that additional
information was needed from Chula Vista before a permit would be granted. On September 26,
1997 the City had completed the additional studies performed by an environmental consultant and
forwarded this packet of additional information, as requested, to USACE. On October 23, 1997,
the USACE, in a total change in direction, in part from information from the State's Division of
· Mine Safety staff, issued the authorization to proceed, under a Nationwide Permit NW26A, to
perform the project of removing debris, vegetation and silt.
On November 25, 1997 Council approved Resolution #18825, awarding a $114,000 contract to
Roberts Engineering Contractors for silt removal and restoration of the Bonita Long Canyon Dam
area. Also, in late November 1997, the first deposit totaling $36,107 was received from OES and
deposited on December 4, 1997.
On December 16m and 31st, 1997, the City forwarded letters to OES requesting a time extension
until February 28, 1998 for completing the work. The appeal was denied on January 29, 1999 since
OES determined that the silt, vegetation and debris was not removed within six months of the winter
1995 storms and thus could not be considered an immediate threat.
On March 24, 1998, the City received and deposited the second payment received by OES in the
amount of $10,832.
OES is requesting a total of $43,663 in overpayment made to repairs in the canyon since the repairs
were not completed within a specified time period. Several letters of appeal were written to ask for
a time extension due to the saturated condition within the canyon that precluded the use of
equipment to clear debris and complete needed work. Both of these appeals were denied on January
29, 1999, and it was not until recently that we received two invoices requesting the return of these
funds.
In all, two deposits totaling $46,939 was received for damage to the canyon. The first deposit in the
amount of $36,107, the Office of Emergency Services requests a refund of $32,831 out of the
original $36,107 paid to us in late November and deposited in December 1997. The $3,276
difference in this invoice was for costs incurred by the City and approved by OES. OES is also
requesting a full refund of the $10,832 paid to us in March 1998. Therefore a total of $43,663 will
be refunded to OES for overpayment of non-approved expenses to the Bonita Long Canyon area.
FISCAL IMPACT: The Office of Emergency Services is requesting a refund of $43,663 in
overpayment of funds for work on the Bonita Long Canyon. A total of $5,647 will be refunded out
of the remaining balance of the DR-129 project account. The remaining difference of $38,016 will
be refunded out of Fund 271 "Federal Disaster Assistance" Fund that has sufficient funds available.
There is no fiscal impact to the General Fund.
Attachments: CIP DR-129 Detail Sheet
Project Exhibits (2) dated 9/11/97
RESOLUTION #18825
File No.: 0735-I0-DR129
H:\HOME\ENGINEER\AGENDA\DR129OES.FXR.DOC
3/14/01 11:46:00 AM
NANE Of ~ATER BODY: BONiTi ~NC CANYOH
DI~ANC~ F~ HIgH ~R ~ N/A 19.73
C~DIN~ ~SIN, EXCE~ WI~ ~XIS~ HEADW~~ SCAL~:
--~ CANYON DRIVE
. PROJ£C7 SITE %
~ILLOWS TO B~ -JXISt.~ ' TOE
VJ CIArITY MAP ~or~ or
NOT TO S~
~CO~PUTER F~LE, ~'; '" ~ n
Nw.D_YI PROJECT FILF ~DR-12g
:DRAWN BY: T:TL~: ~--v , II I FI PREPARED
~ CESAR V. MAOBUHAT ~: ~, OF CnULA VISTA ~M.C. /
DATE, ~ONI~A 50NC CA~ON BASIN
~ 9-i1-~7 E~STING CONDITIONS
NAME OF ~A,~ BODY: B~iTA ~9NC CANY2N ~ ~ ~FINISHED TOE OF
LONG,~DE- 11~00'
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EXIST. $~OP~ll DP~IN STRUCY'UP~-
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PROJECT SITE% ×
NOT ~ SC~ J] EXIST.
/
20MPUTER TH,__: ,,~.ou,~'~ =' wnv~, ~, _~.=,,~n~,~ PROJECT FILE ~5~-129
:=~AR V, MASBUHAT CITY DF CHULA VISTA Y
DATE: ~O~X LO~ 0~0~ ~ /~HEET ''
RESOLUTION NO. 18825
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE BIDDING PROCESS, ACCEPTING BIDS,
AND AWARDING CONTRACT FOR "GRADING RESTORATION
AND SILT REMOVAL FOR BONITA LONG CANYON DETENTION
BASIN IN THE CITY OF CHULA VISTA, CALIFORNIA (DR129)"
AND APPROPRIATING $20,000 FROM THE UNAPPROPRIATED
BALANCE OF THE STORM DRAIN REVENUE FUND
WHEREAS, at 2:00 p.m. on November 18, 1997, in Conference Room 1 in the Public
Services Building, the Director of Public Works received the following two informal bids for
the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City
of Chula Vista, California (DR129)" project:
Contractor Bid Amount
1. FSG General Engineering Contractors $256,011.00
2. Roberts Engineering Contractors $114,000.00
WHEREAS, the Iow bid by Roberts Engineering Contractors is above the Engineer's
estimate of 877,000.00 by 837,000.00 or 48% which estimate was based on removal of
semi-dry soil, however, the bids received account for the recent past rains and are based on
the contractor removing saturated or semi-saturated soil and the Iow bid is believed to be
reflective of the current site conditions; and
WHEREAS, due to the delays in obtaining a response and authorization from the U.S.
Army Corps of Engineers, the timing of the construction activity is critical, for these principal
reasons:
1) The detention basin is currently silted up to its maximum level. Thus, the silt
collected is using up space intended for flood control purposes.
2) The silt needs to be removed prior to this year's rainy season. This is especially
critical with the prediction of the excessive rains anticipated because of the El
NiSo condition.
3) The Streambed Alteration Agreement, issued by the California Department of
Fish and Game (CDFG) for this project, requires a construction moratorium,
from March 15 to July 15, when no vegetation shall be removed to avoid
impacts to nesting birds.
4) It is more economical to remove dry or semi-dry silt from the basin than it
would be to remove after it has been rain saturated.
WHEREAS, staff recommends waiving the bidding )rocess for the above reasons; and
Resolution 18825
Page 2
WHEREAS, contractors bidding this project were not required to pay prevailing wages
to persons employed by them for the work under this project and no special minority or
women business owned requirements were necessary as part of the bid document; and
WHEREAS, the City's Environmental Review Coordinator has reviewed this project and
determined that the project is exempt under Section 15301, Class 1 of the California
Environmental Quality Act (CEQA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista in
accordance with Chula Vista Municipal Code Section 2.56.070 does hereby waive the bidding
process, accept the two informal bids, and award the contract for "Grading Restoration and
Silt Removal for Bonita Long Canyon Detention Basin in the City of Chula Vista, California
(DR129) to Roberts Engineering Contractors in the amount of $114,000.00.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said contract for and on behalf of the City of Chula Vista,
a copy of which is on file in the City Clerk's Office and known as Document No. CO97-190.
BE IT FURTHER RESOLVED that the amount of $20,000 is hereby appropriated from
the unappropriated balance of the Storm Drain Revenue Fund (#227).
Presented by Approved as to form by
John ,/~. Lippitt v ,Sdh. j:r'lVL Kaheny
Publii~ Works Director ,LCit/y Attorney
Resolution 18825
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of November, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councih'nembers: None
Shirley HortcCn, Mayor
ATTEST:
Beverly A./' Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18825 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of
November, 1997.
Executed this 25th day of November, 1997
Beverly A 'Authelet, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROPRIATING $38,016 FROM THE AVAILABLE
BALANCE IN THE FEDERAL DISASTER ASSISTANCE FUND FOR
REPAYMENT TO THE OFFICE OF EMERGENCY SERVICES FOR
WORK ON THE BONITA LONG CANYON DAM
WHEREAS, the City of Chula Vista has received $46,939 in
funds from the office of Emergency Services (OES) related to
severe damage in the Bonita Long Canyon from the 1995 winter
storms; and
WHEREAS, due to the amount of damage and the saturated
condition of the canyon, timely repairs could not be completed
within the time constraints imposed by OES; and
WHEREAS, during this period, the City made two unsuccessful
appeals for time extension and the OES is now requesting that a
total of $43,663 in overpayment of funds related to this project
be refunded to them; and
WHEREAS, the CIP project DR-129 has a remaining balance of
$5,647 and it is now necessary for Council to approve repayment
of the remaining balance of $38,016 from the available balance
in the "Federal Disaster Assistance" fund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City
of Chula Vista does hereby appropriate revenues in the amount of
$38,016 from the available balance in the Federal Disaster
Assistance Fund for repayment to the State of California office
of Emergency Services for unapproved expenses on the Bonita Long
Canyon Dam Project (CIP NO. DR-129) from Fund 271.
Presented by Approved as to form by
John P. Lippitt, Director J.~ M. Kaheny
Of Public Works ~z~y Attorney
[H:\BOME\ATTORNEY\RESO\ Bonita Long Canyon Approp (March 8, 2001
COUNCIL AGENDA STATEMENT
Page 1, Item
Meeting Date: 3/20/01
ITEM TITLE: Resolution Approving Final "B" Maps for Chula Vista Tract No.
96-04, Otay Ranch SPA One, Village 5, Neighborhoods R-26A, R-26B and
32B; accepting on behalf of the City of Chula Vista the assignable and
irrevocable general utility and access easements and wall easements granted on
said maps; approving three "B" Map Subdivision Improvement Agreements; and
authorizing the Mayor to execute said agreements.
Resolution Approving the Supplemental Subdivision Improvement
Agreement for Village 5 Neighborhoods R-26A, R-26B and R-32B of Chula
Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Neighborhoods R-
26A, R-26B and R-32B and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Public Works./~
City ManagerShip,~ (4/5ths Vote: Yes_No X
REVIEWED
BY:
Tonight, Council will consider the approval of the Final "B" Maps for Neighborhoods R-26A, R-26B
and R-32B of Otay Ranch Village 5 (CVT 96-04) and associated agreements. Otay Project LP is the
current owner of these properties. On April 20, 1999, Council approved the "Agreement for Financing
and Construction of Olympic Parkway and Related Roadway Improvements". The approval of the
subject Final Maps complies with the development thresholds established by the Olympic Parkway
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the following:
1) Resolution approving the Final "B" Maps for Village 5 Neighborhoods R-26A, R-26B and R-32B
of the Otay Ranch Project and associated Subdivision Improvement Agreements, and
2) Resolution approving the Supplemental Subdivision Improvement Agreement Village 5
Neighborhoods R-26A, R-26B and R-32B of the Otay Ranch Project.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay Ranch,
Village 1 and a portion of Village 5 (CVT 96-04). On January 23, 2001, by Resolution Nos. 2001-018,
Council approved the Otay Ranch Village Five "A" Map No. 3. The Final "A" Map created the
"superblock" lots corresponding to Neighborhoods R-26A, R-26B and R-32B. Tonight, Council will
consider approving three Final "B" Maps and associated agreements for these maps.
Final Maps and Subdivision Improvement Agreements
The land to be subdivided by the subject Final "B" Maps is generally located south of Otay Lakes Road
across from the Telegraph Canyon Estates subdivision and west of Phase 1 of Village 5. The Final
Maps for each neighborhood consists of the following:
Page 2, Item
Meeting Date: 3/20/01
Nmnbe~ Of S~gle Nmnber of Privat~ TOt~ Final
S~ee~ & Open Soac~
, ,
~o~s 120
The private open space lots and the private streets will all be maintained by a Homeowner's Association.
A plat and location map of ~e subdivisions are attached herewith as Attac~ent 1.
The proposed maps would be the first "B" maps to be approved for Village 5 Phase 2. S~ff has
determined ~at the proposed maps aM associated agreements comply with all conditions of approval of
· e Tentative Map and reco~eMs approval by Council. Approval of ~e subject maps consti~tes
accep~nce by the City of all assig~ble aM irrevocable general access and utili~ easements aM wall
mainte~nce easements granted on the maps. The fees and/or cash deposits which are specific to each
Final "B" map have been collected in satisfaction of the various Tentative Map conditions of approval
and Code requirements
The Owner has also executed separate Subdivision Improvement Agreements (SIA) for each of ~e t~ee
maps and has provided bonds to guarantee construction of the required onsite public improvements and
to guarantee the subdivision monumentation. The SIA's are on file in the office of ~e City Clerk. The
construction and bonding of all oftLsite street improvements serving the subject maps have been
addressed in the Olympic Parkway Agreement.
Supplemental Subdivision Improvement Agreement
The owner has also executed one Supplemental Subdivision Improvement Agreement (SSIA),
encompassing ~e t~ee proposed maps, to satis~ Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27,
31, 36, 50, 52, 65, 83, 84(e), 90, 103, 104, 108, 120, 128, 130, 131,132, 136, 137, 138, 140 ~d 152 of
Resolution No. 18398. All the conditions are addressed using typical l~guage used in previous
agreements. Staffhas reviewed the SSIA ~d determined that it satisfies all the applicable tentative map
conditions for final map approval ~d reco~ends Council approval.
Environmental Review
The City's Enviro~ental Review Coordinator has reviewed the Final Maps ~d has dete~ined that they
~e in subst~tial confo~ce with the Otay R~ch General Development PI~ (GDP) Progr~ EIR 90-
01, SPA One EIR 95-01, subsequent amended SPA One Plan EIR 97-03 and other related enviro~ental
documents ~d that the Final Maps will not result in any new enviro~ental effects that were not
previously identified, nor would the Final Maps result in a substantial increase m severity in any impacts
previously identified.
Page 3, Item
Meeting Date: 3/20/01
The City Attorney has reviewed the proposed agreements and has approved them as to form. The
Developer's disclosure statement is attached as Attachment 2.
FISCAL IMPACT: None. The owner has paid all costs associated with the Final Maps and
agreements.
Attachments:
Attachment 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Neighborhoods R-
26A, R-26B and R-32B
Attachment 2: Developer's Disclosure Statement
H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\A113V5 R26A, R26B, R32B-tme.doc
File No. 0600 80 OR175F. OR180F and OR181F
'I-M Cii'Y OF CHULA VISTA DISCLOSURE STATEA.iENT
Pursuam to Council Policy 101-01, prior to any a¢.6on upon rna~terS which w/Il require discretionary action by the Council,
Planning Commission and all other official bedics of thc City, a statement of disclosure of certain Ownership or financial
/niere~r% payments, o~' campaign contr~u~ioas for a City of Chub Vista election must be Hied. The followinl,, information
must b~ disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
conwact, e.g., owner, applicant, contractor, subcontractor, material supplier.
otav Pro'ieeE L.P, .
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all indiv/duals with
a $1000 investment in the business (corporafion/parmership) entity.
Jim Bala~ln
3. If any p,,rson* identified pursuam to (1) above is a non-profit oria-~'=%n or trust, list the names of any person
serving as dircotor of thc non-profit organization or as trustee or beneficiary or trustor of thc trust.
4. Please identify every person, including any agents, ~nployces, consultant% or independent contractors you have
assigned to represent you before the City in this ma~er?
Jim Baldwin g'~,~t- n,~e~- Rob Cax~ron
A1 Baldwin Ranie Hunter
Kim Ki'lkenny Chuck Cater
5. Has any person* associated with this contract had any fmaocial dealings with an offic/al*~' of the City of Chula
Vista as it relates to this contract within the past 12 months. Yesl. No X'
If Yes, briefly describe ~he nature of the financial interest the official'~'' may have in this contract?
6. Have you made a contribution of more than $250 within the past ~elve (12) month~ to a current member of the.
Chula Vista City Council? No X__ Ye~ ~ If yes. which Council membed
7. Have you or any member of your governing board fi.e. Corporate Board of Directors/]Executives, non-profit Board
of Directors made conn-ibutions totaling mom than $1,000 over the pa~t. four (4) yea.rs to a current member of thc
Chula Vista City Council? Y&s ...... No X
If Yes, which Council meml~r?
8. Have you provided more than $300 (or an item of equivalent value) to an official** qf the City of Chula Vista in
the past twelve (12) months? (This includes tw. ing a source of income, money m retire a legal d~bt, gi~ loan, etc.)
Yes No X
If Yes, which official'~'' and what was tho mmr¢ of imm provided?
Signature ~f Co~or/Applicam
~ o~ ~ or ~mb~fion ~ ~ a ~.
** Offi~ ~s, ~ h ~ot' l~t~ to: Mayor. ~ m*mbcr, Planning ~mmi~sionor, Mm~ of a ~, mmsion,
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL "B" MAPS FOR
CHULA VISTA TP~ACT NO. 96-04 OTAY RAI~CH SPA
ONE, VILLAGE 5, NEIGHBORHOODS R-26A, R-26B AND
R-32B; ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE
GENEP~AL UTILITY AND ACCESS EASEMENTS AND WALL
EASEMENTS GRANTED ON SAID MAPS; APPROVING
THREE "B" MAP SUBDIVISION IMPROVEMENT
AGREEMENTS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that certain map survey
entitled Chula Vista TRACT NO. 96-04 OTAY RANCH SPA ONE, VILLAGE 5,
NEIGHBORHOOD R-26A, and more particularly described as follows:
Being a subdivision of Lot 3 of Chula Vista
Tract 96-04 of Otay Ranch Village 5 "A" Map
No. 3, as shown on Map No. 14147, 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 on February 20,
2001.
Area: 6.581 Acres No. of Lots: 32
Numbered Lots: 29 Lettered Lots: 3
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista is hereby authorized and directed to endorse upon said
map the action of said Council; that said Council has approved said
subdivision map; and that those certain 2 foot wall easements and
Assignable and Irrevocable General Utility and Access Easements, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula Vista as herein above
stated.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the 20th day of March, 2001, for the
completion of improvements in said subdivision, a copy of which is
on file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the city Council of the City
of Chula vista hereby finds that certain map survey entitled Chula
Vista Tract 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-26B
and more particularly described as follows:
Being a subdivision of Lot 4 of Chula Vista Tract
No. 96-04 of Otay Ranch Village 5 "A" Map No. 3,
as shown on Map No. 14147, 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 on February 20, 2001.
Area: 6.664 Acres No. of Lots: 38
Numbered Lots: 34 Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista is hereby authorized and directed to endorse upon said
map the action of said Council; that said Council has approved said
subdivision map, and those certain 2 foot wall easement and
Assignable and Irrevocable General Utility and Access Easements, as
granted thereon and shown on said map within said subdivision, are
2
accepted on behalf of the City of Chula Vista as herein above
stated.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that certain Subdivision
Improvement Agreement dated the 20th of March, 2001, for the
completion of improvements in said subdivision, a copy of which is
on file in the office of the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista hereby finds that certain map survey entitled Chula
Vista Tract 96-04 OTAY RANCH SPA ONE, VILLAGE 5, NEIGHBORHOOD R-32B
and more particularly described as follows:
Being a subdivision of Lot 5 of Chula Vista Tract
No. 96-04 of Otay Ranch Village 5 ~ A" Map No. 3,
as shown on Map NO. 14147, 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 on February 20, 2001.
Area: 11.774 Acres No. of Lots: 65
Numbered Lots: 57 Lettered Lots: 8
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista is hereby authorized and directed to endorse upon said
map the action of said Council; that said Council has approved said
subdivision map, and those certain Assignable and Irrevocable
General Utility and Access Easements, as granted thereon and shown
on said map within said subdivision, are accepted on behalf of the
City of Chula Vista as herein above stated.
3
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be and is hereby authorized to execute said agreements
for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt Joh~J2M. Ka~e~ - '
Director of Public Works City Attorney
H:~Home~Attorney\RESO\OtayRanchVlgS.R-26 and 32
RESOLUTION NO.
RESOLUTION OF THE CITY COD-NCIL OF THE CITY OF
CHULA VISTA APPROVING A SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR VILLAGE
5 NEIGHBORHOODS R-26A, R-26B AND R-32B OF
CHULA VISTA TRACT NO. 96-04, OTAY RANCH SPA
ONE, VILLAGE 5 AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement for Otay Ranch SPA One, Village 5
Neighborhoods R-26A, R-26B and R-32B.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 96-04,
Otay Ranch SPA ONE, Village 5, Neighborhoods R-26A, R-26B and R-
32B, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized to execute said Agreement on
behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt en~
Director of Public Works City Attorney
[H:/HOME~,ATTORNEY~RESO\ssia village 5 R26 and 32 (March 7, 2001 (4:56PM)]
RECORDiNG REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
Above Space for Recorder's Use
VILLAGE 5 NEIGHBORHOOD R-26A, R-26B AND R-32B OF THE OTAY RANCH
PROJECT SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103,
104, 108, 120, 128, 130, 131, 132, 136, 137, 138, 140 and 152 of Resolution No. 18398 and
Conditions 1, 2, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103, 104,
108, 119, 127, 129, 130, 131,135, 136, 137, 139 and 151 of Resolution No. 18613)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
day of ,2001, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and OTAY PROJECT, L.P., a
California limited partnership and OTAY RANCH V-3, LLC, a Delaware Limited Liability
Company, (collectively referred hereafter as "Developer" or "Grantor"), with reference to the facts
set forth below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Attachment "A" and attached hereto and incorporated
H:\HOME\ENGINEER~LANDDEV\OTAYP~NCH\SSIA viii 5 R26A, R26B,R32B.doc
herein ("Property"). The Property is part of a project commonly known as Village 5 of the Otay
Ranch Project. For purposes of this Agreement the term "Project" shall also mean "Property".
B. Developer has requested final maps for Neighborhood R-26A, R-26B and R-32B and is
described on Attachment "A" and shown on Attachment "A-l" hereto. City is willing, on the
premises, security, terms and conditions herein contained to approve the final maps for which
Developer has applied as being in substantial conformance with the Tentative Subdivision Map
described in this Agreement. Developer understands that subsequent final maps may be subject to
the same or other security, terms and conditions contained herein.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative
Subdivision Map") for the subdivision of the Property.
r>. The City has adopted Resolution Nos. 18398 and 18613 ("Resolutions") pursuant to
which it has approved the Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolutions. The conditions are attached hereto as Schedule "1".
E. On April 20, 1999, the City Council, pursuant to Resolution No. 19410 approved an
agreement between the City, Developer and a third party entitled "Agreement for Financing and
Construction of Olympic Parkway and Related Parkway Improvements ("Olympic Parkway
Agreement").
F. On January 23, 2001, the City Council, pursuant to Resolution 2001-019, approved
the Village 5 "A" Map No. 3 of the Otay Ranch Project Supplemental Subdivision Improvement
Agreement ("SSIA No. 3"), of which these Final Maps are a subsequent subdivision of.
G. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
a. For purposes of this Agreement, "Final Map" means each of the final maps for
R-26A, R-26B and R-32B of the Otay Ranch Village 5 SPA One.
b. "Commencing Construction" means when a construction permit or other such
approval has been obtained from the City or a construction contract has been awarded for the
improvement, whichever occurs first.
c. "Complete Construction" means when construction on said improvement has
been completed and the City accepts the improvement.
d. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after each Final Map has been recorded.
H:~HOME\ENGINEER\LANDDEV~OTAYRNCH~SSIA Vill 5 R26A, R26B,R32B.Ooc
e. "PFFP" means the SPA One Public Facilities Financing Plan adopted by
Resolution No. 18286 as may be amended from time to time.
f. "Owner" or "Developer" means the person, persons or entity having a legal or
an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest or
assignors of any Property. This includes Otay Project, L.P. and any and all owners of real property
within the boundaries of the Property, and all signators to this Agreement including:
i. Otay Project, L.P.
ii. Otay Ranch V-3, LLC
g. "Otay Ranch Parks Agreement" means the agreement pertaining to the
construction of parks in Otay Ranch SPA One, McMillin Lomas Verdes and Otay Ranch adopted by
Resolution No. 19636 as may be amended from time to time.
h. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future
City Council approval.
i. "SPA One Plan" means the Otay Ranch Sectional Planning Area Plan as
adopted by the City Council on June 4, 1996 pursuant to Resolution No. 18286 and amended on
February 16, 1999 by Resolution No. 19376.
NOW, THEREFORE, in exchange fur the mutual covenants, terms and conditions herein
contained, the parties agree as set forth belo~v.
1. Performance Obligation. Otay Project, L.P. a signator to this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the obligations set forth in paragraphs 9 and 10 of this Agreement. Notwithstanding
the foregoing, all parties to this Agreement acknowledge and agree that all such obligations remain a
covenant running with the land as set forth more particularly in paragraph 2 below. The City in its
sole discretion will make a good faith effort to execute on bonds securing the obligations contained
herein to the extent necessary to complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property, as described on Attachment "A", until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
H:~HOME~ENGINEER~LANDDEV\OTAYPGgCH~SSIA Vill 5 R26A,R26B,R32B.dOC
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of
the Project to a Guest Builder, Developer may request to be released from Developer's obligations
under this Agreement, that are expressly assumed by the Guest Builder. Developer must obtain the
written consent of the City to such release. Such assignment to the Guest Builder shall, however, be
subject to this Agreement and the Burden of this Agreement shall remain a covenant nmning with
the land. The City shall not withhold its consent to any such request for a release so long as the
assignee acknowledges that the Burden of the Agreement runs xvith the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to
perform its obligations under this Agreement as it relates to the portion of the Project which is being
acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the
City shall release the assignee of the Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement to the satisfaction of the City and such
partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the
Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this
Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow or
H:~HOME\ENGINEER\LkNDDEV\OTAYRNCH~SSIA Vill 5 R26A, R26B,R32B.doc
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No. 1 - (General Preliminary). In satisfaction of Condition No. 1 of
Resolution Nos. 18398 and 18613, Developer hereby agrees, to comply with the requirements and
guidelines of the Otay Ranch SPA One Parks, Recreation, Open Space and Trails Master Plan; SPA
One Public Facilities Financing Plan ("PFFP"); Otay Ranch General Development Plan (GDP)
Ranch Wide Affordable Housing Plan; SPA One Affordable Housing Plan; and the GDP Non-
Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in
compliance with and implement the terms, conditions and provisions of said documents.
4. Condition No. 2 - (General Preliminary). In satisfaction of Condition No. 2 of
Resolution Nos. 18398 and 18613, Developer hereby agrees, to all of the terms, covenants and
conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors,
assigns and representatives of the Developer as to any or all of the Property.
5. Condition No. 3 - (General Preliminary). In satisfaction of Condition No. 3 of
Resolution Nos. 18398 and 18613, Developer agrees that if any of the terms, covenants or conditions
contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented
and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to deny the issuance of building permits for the
Project, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable period of time.
6. Condition No. 4 - (General Preliminary). In satisfaction of Condition No. 4 of
Resolution Nos. 18398 and 18613, Developer agrees to indemnify, protect, defend and hold the City
harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising
from challenges to the Environmental Impact Report tbr the Project and/or any or all entitlements
and approvals issued by the City in connection with the Project.
7. Condition No. 5 - (General Preliminary). In satisfaction of Condition No. 5 of
Resolution Nos. 18398 and 18613, Developer hereby agrees, that Developer shall comply with all
the applicable SPA conditions of approval.
8. Condition No. 8 - (General Preliminary). In satisfaction of Condition No. 8 of
Resolution Nos. 18398 and 18613, Developer hereby agrees, that Developer shall comply with the
terms of the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement").
H:~HOME~ENGINEER\LANDDEV\OTAYRNCH\SSIA Vill 5 R26A, R26B~R32B.dOc
9. Condition No. 9 - (CEQA). In partial satisfaction of Condition No. 9 of Resolution
Nos. 18398 and 18613, the Developer agrees to implement all applicable mitigation measures
identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file
in the City Clerk's Office as Document No. C096-056 and Resolution No. 18286) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057
and Resolution Nos. 18284 and 18285).
10. Condition No. 10 - (Conveyance). In satisfaction of Condition No. 10 of Resolution
Nos. 18398 and 18613, prior to approval of each Final Map, the Developer agrees to comply with all
applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by City
Council, Resolution No. 18416, on June 4, 1996 and as may be amended from time to time by the
City. Prior to approval of each Final Map, Developer agrees to convey open space land in
accordance with the Phase 2 RMP approved by Resolution No. 18416, for all applicable streets,
alleys, residential lots, open space lots, paseos, parks and slope areas as shown on each Final Map.
11. Condition No. 14-(Signage). InsatisfactionofConditionNo..14ofResolutionNos.
18398 and 18613 Developer agrees that any proposed monumentation/signage shall be consistent
with the Village Design Plan and shall be reviewed and approved by the Director of Planning prior
to approval of each Final Map.
12. Condition No. 15 - (Landscaping). In satisfaction of Condition No. 15 of Resolution
Nos. 18398 and 18613, Developer agrees that in addition to the requirements outlined in the City of
Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be
landscaped and irrigated to soften their appearance as follows: One 5-gallon or larger size tree per
each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope
area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften
and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and
approved by the Director of Parks and Recreation prior to approval of each Final Map.
13. Condition No. 16 - (Wall Plan). In satisfaction of Condition No. 16 of Resolution Nos.
18398 and 18613, Developer agrees that a comprehensive wall plan indicating color, materials,
height and location shall be reviewed and approved by the Director of Planning prior to approval of
each Final Map. Materials and colors used shall be compatible and all walls located in comer side-
yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a
decorative masonry and/or wrought iron material.
14. Condition No. 17 - (View Fencing). In satisfaction of Condition No. 17 of Resolution
Nos. 18398 and 18613, Developer agrees that lots backing or siding onto pedestrian paseos or parks
shall be provided with view fencing, such as three feet of wrought iron on top of a three foot
masonry wall, subject to approval by the Fire Marshal and the Director of Plarming.
15. Condition No. 18 - (GDP). In satisfaction of Condition No. 18 of Resolution Nos.
18398 and 18613, Developer agrees that in the event the Developer proposes an amendment to the
Otay Ranch General Development Plan to reduce density within the Village Cores at some time in
the future, the provision of additional alley product shall be analyzed and considered concurrently
with said amendment.
16. Condition No. 27 - (Street Trees). In satisfaction of Condition No. 27 of Resolution
Nos. 18398 and 18613, Developer, upon request of the Directors of Parks and Recreation and Public
Works, shall plant trees within all street parkways which have been selected from the revised list of
appropriate tree species described in the Village Design Plan and the street tree master plan which
shall be approved by the Directors of Parks and Recreation and Public Works. The Developer shall
provide root control methods per the requirements of the Director of Parks and Recreation and a deep
watering irrigation system for the trees. An irrigation system shall be provided from each individual
lot to the adjacent parkway with the exception of parkways in privately owned streets which shall be
irrigated as part of the Homeowners Association's irrigation system. Developer shall submit to and
obtain the approval of the Directors of Parks and Recreation and Public Works of a separate street
tree improvement plan which shall include, but is not limited to, the final selection of trees, the
location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities,
driveways, inlets and pedestrian ramps, prior to or concurrent with the second submittal of the civil
improvement plans. Developer acknowledges and agrees that the City may withhold the issuance of
building permits for the Project if the street tree improvement plan is not submitted as agreed
hereinabove.
17. Condition No. 31 - (ADA Standards). In satisfaction of Condition No. 31 of Resolution
Nos. 18398 and 18613, Developer agrees that in the event the Federal Government adopts ADA
standards for street rights-of-way which are in conflict with the standards and approvals contained
herein, all such approvals conflicting with those standards shall be updated to reflect those standards.
Unless otherwise required be federal law, City ADA standards may be considered vested, as
determined by Federal Regulations, only after construction has commenced.
18. Condition No. 36 - (Setbacks). In satisfaction of Condition No. 36 of Resolution Nos.
18398 and 18613, Developer agrees to provide a twenty foot setback on driveways from property
line to garage and sectional roll-up type garage doors at all properties fronting on streets where cul-
de-sacs are 150 feet or less in length except as provided for in the Planned Community District
Regulations or approved by the City Engineer and the Director of Planning.
19. Condition No. 50 - (NPDES). In satisfaction of Condition No. 50 of Resolution Nos.
18398 and 18613, Developer agrees to comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program.
20. Condition No. 52 - (As-Built Plans). In satisfaction of Condition No. 52 of Resolution
Nos. 18398 and 18613, Developer shall submit "as-built" improvement and storm drain plans in
DXF file format to the satisfaction of the City Engineer.
H:\HOME\ENGINEER~LANDDEV\OTAyRNCH\SSIA vill 5 R26A~R26B,R32~.doc
21. Condition No. 65 - (Landscape Plans). in satisfaction of Condition No. 65 of
Resolution Nos. 18398 and 18613, Developer shall prepare and obtain approval by the City
Engineer, Director of Planning and Director of Parks and Recreation of an erosion and sedimentation
control plan and landscape/irrigation plans as part of the grading plans.
22. Condition No. 83 - (Parks). In satisfaction of Condition No. 83 of Resolution Nos.
18398 and 18613, Developer agrees that:
a. Prior to the approval of each Final Map, the Developer shall pay PAD fees for the
Community Park based upon a formula of 1 acre per 1,000 residents, until such time as a tm-key
facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject
to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in
Village 2 as identified in the GDP.
c. The Applicant shall identify the relocation, if any, of the Village 20tay Ranch
Community Park prior to issuance of the building permit for the 1,150th dwelling unit of the SPA
One Plan. Said relocation may require an amendment to the Otay Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1 acre/1,000 residents) shall be
satisfied through the payment of PAD fees, the Applicant shall commence construction of the first
phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit
of the SPA One Plan. The first phase of construction shall include, but not be limited to,
improvements such as a graded site with utilities provided to the property line and an all weather
access road acceptable to the Fire Department.
e. The Applicant shall conunence construction of the second phase of the Community Park
prior to issuance of the building permit for the 3,000th dwelling unit of the SPA One Plan. Second
phase improvements shall include recreational amenities as identified in the Park Master Plan.
£ The Community Park shall be ready for acceptance by the Director of Parks and
Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit of
the SPA One Plan.
g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant
to commence construction of the first phase improvements of the community park prior to issuance
of the building permit for the 2,650th unit of the SPA One Plan, then the Director of Parks and
Recreation shall have the option to utilize the PAD fees for said improvements, or to construct
another park facility, east of the 1-805 Freeway within an acceptable service radius of SPA One, as
set forth in the GDP.
H:~HOME\ENGINEER~LANDDEV\OTAYRNCH~SSIA Viii 5 R26A, R26B,R32B.doc
h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the
City of Chula Vista Parks and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been
constructed, excluding the cost of construction of the all weather access road, for the community
park should they deliver a turn-key facility to the City in accordance with the Community Park
Master Plan.
23. Condition No. 84(e) - (Transit Right of Way). In partial satisfaction of Condition No.
84(e) of Resolution Nos. 18398 and 18613, Developer hereby agrees that landscape and irrigation
plans for the right of way shall be reviewed and approved by the Director of Parks and Recreation in
conjunction with the landscape plans for East Palomar Street.
24. Condition No. 90 - (No Protest of Maintenance District or Assessment Distrie0. In
satisfaction of Condition No. 90 of Resolution Nos. 18398 and 186 l 3, Developer hereby agrees not
to protest the formation of or the inclusion in, a maintenance district, including a community facility
district or a benefit zone, for the maintenance of landscaped medians and scenic corridors along
streets within and adjacent to the subject subdivision. This agreement to not protest the inclusion of
these public improvements shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these new improvements and shall not
interfere with the right of any person to vote in a secret ballot election.
25. Condition No. 103 - (Agreements/Financial). In satisfaction of Condition No. 103 of
Resolution Nos. 18398 and 18613, Developer agrees to the following:
a. That the City may withhold building permits for the subject subdivision if any one of
the following occurs:
i. Regional development threshold limits set by the adopted East Chula Vista
Transportation Phasing Plan have been reached.
ii. Traffic volumes, levels of service, public utilities and/or services exceed the
threshold standards in the then effective Growth Management Ordinance.
iii. The Developer does not comply with the terms of the Reserve Fund Program.
b. That the City may withhold building permits for any of the phases of development
identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One Plan if thc
required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have
not been completed.
H: \HOME~ENGINEER~LANDDEV~OTAYRNCH\SSIA Viii 5 R2fiA, R26B, R32B. doc
¢. Defend, indemnify, and hold harmless the City and its agents, officers and employees,
from any claim, action or proceeding against the City, or its agents, officers or employees to attack,
set aside, void or annul any approval by the City, including approval by its Plalming Commission,
City Council or any approval by its agents, officers, or employees with regard to this subdivision
provided the City promptly notifies the Subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the defense.
d. Hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
e. Ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot on
public streets within the subdivision. Restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances and
procedures regulating and affecting the operation of cable television companies as same may have
been, or may from time to time be issued by the City of Chula Vista.
That the City may ~vithhold the issuance of building permits for the Project, should
the Developer be determined by the City to be in breach of any the terms of the Tentative Map
conditions or any supplemental agreement. The City shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure such breach.
26. Condition No. 104- (Congestion Management Program). In satisfaction of Condition
No. 104 of Resolution Nos. 18398 and 18613, the Developer agrees to participate, on a fair share
basis, in any deficiency plan or financial program adopted by SANDAG to comply with the
Congestion Management Program (CMP) and agrees to not protest formation of any future regional
impact fee program or facilities benefit district to finance the construction of regional facilities
described in the Otay Ranch GDP and Otay Ranch SPA One PFFP. This agreement to not protest
the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the
amount of any fee which may be imposed due to these new improvements and shall not interfere
with the right of any person to vote in a secret ballot election.
27. Condition No. 108 - (Insurance). In satisfaction of Condition No. 108 of Resolution
Nos. 18398 and 18613, Developer agrees to ensure that all insurance companies are given equal
opportunity to provide a Cooperative Homeowner's Insurance Program.
28. Condition Nos. 119/120 - (Growth Management Ordinance). In satisfaction of
Condition No. 119 of Resolution No. 18613 and Condition No. 120 of Resolution No. 18398, the
Developer agrees, upon the request of the City, to the following:
a. Fund the preparation of an annual report monitoring the development of Otay Ranch
E:~HOME~ENGINEER~LANDDEV\OTAYP~NCH\SSIA Vill 5 R26A,R26B,R32B.doc
as described in Chapter 9, "Growth Management" of the Otay Ranch General Development Plan.
The annual report will analyze the supply of, and demand, for public facilities and services governed
by the thresholds.
b. Prepare a five (5) year development phasing forecast identifying targeted submittal
dates for future discretionary applications (SPAs and tentative maps), projected construction dates,
corresponding public facility needs per the adopted threshold standards, and identifying financing
options for necessary facilities as described in Chapter 9, "Growth Management" of the Otay Ranch
General Development Plan.
29. Condition No. 127/128 - (PFFP). In satisfaction of Condition No. 127 of Resolution
No. 18613 and Condition No. 128 of Resolution No. 18398, Developer agrees to adhere to the PFFP
and any amendments thereto, approved by the City Council, including but not limited to the SPA and
Tentative Subdivision Map improvements installed in accordance with said Plan or as required to
meet threshold standards adopted by the City. Developer and City acknowledge that the PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of
development within and outside of the project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP (i.e., the development of
EastLake III). Developer understands that neither the PFFP nor any other SPA One document grant
the Developer an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility
improvement requirements to those identified in the PFFP. Developer acknowledges that
compliance with the City's threshold standards, based on actual development patterns and updated
forecasts in reliance on changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to serve said development. In
addition, the sequence in which improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and
Ordinance adopted by the City. Developer m~derstands and agrees that the City Engineer may
modify the sequence of improvement construction should conditions change to warrant such a
revision. Developer agrees that concurrent with the approval of the first map approved after a Public
Facility Financing Plan has been approved for the EastLake III GDP Area, the Developer shall
update, at Developer's sole expense and subject to a Reimbursement Agreement, the SPA One PFFP
and agrees that the City Engineer may change the timing of construction of the public facilities,
including without limitation, the nature, sizing, extent and timing for the construction of public
facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements,
including tentative and final maps.
30. Condition Nos. 129/130 - (Utilities). In satisfaction of Condition No. 129 of Resolution
No. 18613 and Condition No. 130 of Resolution No. 18398, Developer agrees to underground all
utilities within the subdivision in accordance with the Municipal Code requirements.
31. Condition Nos. 130/131 - (Fees). In satisfaction of Condition No. 130 of Resolution No.
18613 and Condition No. 131 Resolution No. 18398, Developer shall pay all applicable fees, in
H:~HOME~ENGINEER~LANDDEV~OTAYRNCH~SSiA gill 5 R26A,R26B,R32B doc
accordance with the City Code and Council Policy, including:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR 125 impact fee.
e. Telegraph Canyon Sewer Basin DIF.
f. Poggi Canyon Sewer Basin DIF.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding.
i. Otay Ranch Reserve Fund fee.
j. Pedestrian Bridges DIF.
32. Condition No. 131/132 - (Code Requirements). In satisfaction of Condition No. 131 of
Resolution No. 18613 and Condition No. 132 of Resolution No. 18398, Developer agrees to comply
with all relevant Federal, State, and Local regulations, including the Clean Water Act. The
Developer shall be responsible fbr providing all required testing and documentation to demonstrate
said compliance as required by the City Engineer.
33. Condition No. 135/136 - (Landscape Manual). In satisfaction of Condition No. 135 of
Resolution No. 18613 and Condition No. 136 of Resolution No. 18398, Developer agrees to comply
with all aspects of the City of Chula Vista Landscape Manual.
34. Condition No. 136/137 - (Code Requirements). In satisfaction of Condition No. 136 of
Resolution No. 18613 and Condition No. 137 of Resolution No. 18398, Developer agrees to comply
with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended
from time to time by the City. Said chapter includes but is not limited to: threshold standards
(19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance
plan amendment procedures (19.09.100). Developer further acknowledges and agrees that the City is
presently in the process of amending its Growth Management Ordinance to add a proposed Section
19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125. Said provisions will require the
demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to
H:\HOME~ENGINEER\LANDDEV\OTAYP~NCH~SSIA Vill 5 R26A,R2/~B,R32B.dOc
accommodate a proposed development as a prerequisite to final map approval for that development,
and the Developer hereby agrees to comply with adopted amendments to the Growth Management
Ordinance.
35. Condition No. 137/138 - (Code Requirements). In satisfaction of Condition No. 137 of
Resolution No. 18613 and Condition No. 138 of Resolution No. 18398, Developer agrees that upon
submittal of building plans for small lot single family (5,000 square feet or less as defined in the City
of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square
feet of private open space will be provided.
36. Condition No. 139/140 - (Planned Community District). In satisfaction of Condition
No. 139 of Resolution No. 18613 and Condition No. 140 of Resolution No. 18398, Developer agrees
that all proposed development shall be consistent with the Otay Ranch SPA One Planned
Community District Regulations.
37. Condition No. 151/152 - (MHOA). In satisfaction of Condition No. 151 of Resolution
No. 18613 and Condition No 152 of Resolution No. 18398, Developer agrees that future property
owners will be notified during escrow, by a document to be initialed by the owners, and approved by
the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and
their estimated annual cost.
38. Assignability. Upon request of the Developer, any or all on-site duties and obligations
set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her
sole discretion determines that such an assignment will not adversely affect the City's interest. The
City Manager in his/her sole discretion may, if such assigunmnt is requested, permit a substitution of
securities by the successor in interest in place and stead of the original securities described herein, so
long as such substituted securities meet the criteria for security as set forth elsewhere in this
Agreement. Such assignment will be in a form approved by the City Attorney.
39. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
satisfaction or partial satisfaction as indicated above of Developer's obligation of.' Conditions 1,2, 3,
4, 5, 8, 9, 10, 14, 15, 16, 1'7, 18, 27, 31, 36, 50, 52, 65, 83, 84(e), 90, 103,104, 108, 120, 128, 130,
131, 132, 136, 137, 138, 140 and 152 of Resolution No. 18398 and Conditions 1,2, 3, 4, 5, 8, 9, 10,
14, 15, 16, 17, 18, 27, 31, 36, 50, 52,65, 83, 84(e), 90, 103, 104, 108, 119, 127, 129, 130, 131,135,
136, 137, 139 and 151 of Resolution No. 18613. Developer further understands and agrees that
some of the provisions herein may be required to be performed or accomplished prior to the approval
of other final maps in SPA One, as may be appropriate.
40. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply ~vith all unfulfilled conditions of approval of the Tentative Subdivision Map,
established by Resolution Nos. 18398 and 18613 and shall remain in compliance with and
implement the terms, conditions and provisions therein.
H:~HOME\ENGINEER\LANDDEV\OTAYP~NCH~SSIA Viii 5 R26A,R26B,R32B.doc
41. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with
the recordation of the Final Map.
42. Building Permits. Developer and Guest Builders understand and agree that the City may
withhold the issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of
notice of such determination and allow the Developer with reasonable time to cure said breach.
43. Miscellaneous.
a. Notices. Unless other,vise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either party shall
be in writing and shall be deemed duly served, delivered, and received when personally delivered to
the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class
postage prepaid, addressed to the address indicated in this Agreement.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
Developer:
Otay Project, L.P.
350 W. Ash St., Suite 730
San Diego, CA 92101
Attn: Chuck Cater
Fax (619) 234-4088
Otay Ranch V-3, LLC
3820 Valley Centre Dr.
San Diego, CA 92130
Attn: Ron Baldwin
Fax: (858) 259-2933
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference and do
H: \HOME\ENGINEER~LANDDEV~OTAYRNCH~SSIA Vill 5 R26A, R26B, R32B.doc
not define, describe or limit the scope or intent of this Agreement or any of its terms.
e. Entire Agreement. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be drawn
from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Recitals; Attachments. Any recitals and Attaclunents set forth above are incorporated by
reference into this Agreement.
L Attorney's Fees. if either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment
against the other for an amount equal to reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
g. Olympic Parkway Agreement. The parties do not intend by this Agreement to modify
or amend in any way the Olympic Parkway Agreement. To the extent of any inconsistencies
between this Agreement and the Olympic Parkxvay Agreement with regard to obligations specifically
set forth in the Olympic Parkway Agreement, the Olympic Parkway Agreement shall control.
44. Previous Agreement. The Developer acknowledges that nothing in this Agreement shall
supercede, nullify or otherwise negatively impact the terms of the SSIA No. 3. This Agreement
affirms and reflects the terms, conditions and provisions of the SSIA No. 3 and the Tentative Map
96-04 conditions applicable specifically to each Final Map for the Property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and
year first hereinabove set forth.
[Next 2 Pages Are Signature Pages]
H:\HOME\ENGINEER\LA~rDDEV\OTAYRNCH~SSIA Vill 5 R26A, R26B,R32B.dOc
[PAGE ONE OF TWO SIGNATURE PAGES TO THE VILLAGE 5
NEIGHBORHOOD R-26A, R-26B AND R-32B OF THE OTAY RANCH PROJECT
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT]
CITY OF CHULA VISTA DEVELOPER:
OTAY PROJECT, L.P., a California
limited partnership
Mayor
By: Otay Project, LLC,
a California limited liability company
By: Otay Ranch Development, LLC, a
Delaware limited liability, Authorized
Member
Attest: By:
Its: O~r
Susan Bigelow
City Clerk
Approved as to Form:
Joh~VI. raheny ~'
City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ...~¢~ ~ '~i ~'. ~::~ / SS.
On ~-~ bruar'~te~ 7: ~--(~' , before me, "~>,"~ !~. a n~d Title~¢ f~*O ~c e~r (e g ,~gj a~, e~D c el~,~t a ry~P u~blic~,)
personally appeared -F.
Name(s) of Signer(s)
~' personally known to me
L~ proved to me on the basis of satisfactory
evidence
i -- ~ J~R~-- -- ~ to be the person(cf) whose name(~
C~nI~#1262~ ~ subscribed to the within instrument and
NCc~ PubllCDle~) 'CountyCallfoml~ ~_[ acknowledged to me that~*~'~/t"Xy
executed
the same in Oh,clC/th, e'ir ~authorized
~ capacity(i~, and that by i~/th,eqr
signature(~ on the instrument the person~, or
the entity upon behalf of which the person(,f¢~
acted, executed the instrument.
WITNESS~ hand/~d./~ffi~a~ seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ......
~ Individual
I I Corporate Officer-- Title(s): Tup of thumb here
[~ Padner--r~ Limited F~ General
,-J Attorney in Fact
L! Trustee
ill Guardian or Conservator
[] Other:
Signer Is Representing:
[PAGE TWO OF TWO SIGNATURE PAGES TO THE VILLAGE 5
NEIGHBORHOOD R-26A, R-26B AND R-32B OF THE OTAY RANCH PROJECT
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT]
OTAY RANCH V-3, LLC, a Delaware limited
liability company ~
Its: '~)\~. qca.;,~6t.._4-
State of California
County of San Diego
On February 27. 2001 before me, Dawn Made Norton, personally
Notary
appeared Ron Baldwin.
Signer
~'personally known to me - OR - [5 proven to me on the basis satisfactory evidence
to be the person(s) whose name{s) is/at-e-
subscribed to the within instrument and
acknowledged to me that he/skeJt-l,~y executed
the same in his/hed~ authorized capacity0e~,
and that by his/her4thc[- signature~) on the
instrument the person(s), or the entity upon
behalf of which the person(sO acted, executed the
instrument.
-,E~,=-..[~I~'~ Comm.#1219172 ~
0)[~.~ NOTA,Y PUB[IC.CALIFORNIA [ii
'x.~M~ c0m~ E.,. ~.,B,200, ~ WITNESS my hand and official seal.
LIST OF ATTACHMENTS
Attachment "A" Legal description of Property.
Attachment "A-I" Plat of Property
Schedule 1 Conditions of Approval for Chula Vista Tract 96-04.
H:~HOME~ENGINEER~LANDDEV\OTAYRNCH~SSIA Vill 5 R26A, R26B~R32B.doc
ATTACHMENT "A"
ALL OF LOTS 3, 4 AND 5 OF CHULA VISTA TRACT 96-04 OTAY RANCH VILLAGE 5
"A" MAP NO. 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA ACCORDING TO MAP THEREOF NO. 14147 FILED IN THE OFFICE OF
THE COUNTY RECORDER ON FEBRUARY 20, 2001.
H:~HOME\ENGINEER\LANDDEV\OTAYRNCH~SSIA Vill 5 R26A,R26B,R32B.dOC
COUNCIL AGENDA STATEMENT
Item '~
Meeting Date _3/20/01
' ITEM TITLE: Resolution Accepting Informal Bids and Awarding
Altemate "A" Contract to HMS Construction, Inc. for the "Installation of
Green L.E.D. Lamps on Various Traffic Signals in the City of Chula Vista
(TF291)"
SUBMITTED BY: Director of Public Work~
REVIEVCED BY: City Manager te ~ (4/Sths Vote: Yes No x )
On February 7, 2001, the Director of Public Works received sealed informal bids fi:om six electrical
Contractors for the "Installation of Green L.E.D. Lamps on Various Traffic Signals in the City of
Chula Vista (TF291)." A low bid of $29,256.00 was received fi:om HMS Construction, Inc. for
Alternate "A" contract.
RECOMMENDATION: That Council approve the resolution accepting informal bids and
award'mg Alternate "A" contract to HMS Construction, Inc. for the "Installation of Green L.E.D.
Lamps on Various Traffic Signals in the City of Chula Vista (TF291)."
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On September 11, 2000, San Diego Gas & Electric (SDG&E) implemented an L.E.D. Traffic
Signal Program. The program was established to encourage retrofit of incandescent traffic
signals with L.E.D. lamp replacements by the public agencies in order to save energy costs. The
highlight of the program was that SDG&E offered a rebate of up to $175.00 for every traffic
signal green lamp installed by the public agencies before June 1, 2001. This meant that the City
could replace all traffic signal (approximately 2,190) green lamps for only $88,000.00, which
included paying taxes on the purchase of the lamps and installation costs, after receiving
SDG&E's rebate of up to $337,032.00. The City would also save administration costs by
participating in the City of E1 Cajon's purchase procedures, as recommended by our Purchasing
Agent. The project will allow the City to save approximately $74,000.00 per year in energy costs
(922,000 Kwh), by switching the green traffic signal indication lamps from incandescent lamps
to light-emitting diode (L.E.D.) lamps.
On December 5, 2000, City Council adopted Resolution No. 2000-443 which appropriated
$88,000.00 from the unappropriated balance of the Gas Tax Fund, which included the $43,800 in
estimated installation costs for the project, and up to $337,032.00 in unanticipated revenue from
the SDG&E Incentive program to a new CIP - Traffic Signal Lamp Replacement Program (TF-
291), approved a Governmental Agency Participation Agreement with San Diego Gas & Electric
Company for the replacement of incandescent lamps to light emitting diode (L.E.D.) lamps,
authorized the Mayor to sign the Agreement and authorized the Purchasing Agent to enter into a
contract with Synchronex for the purchase of traffic signal L.E.D. lamps.
Page 2, Item
Meeting Date 3/20/01.
Per the City Charter, if the cost of a public works project is under $50,000, the City Council may
let said contract without advertising for bids after the City Manager or his designee have secured
competitive prices from interested contractors. Since the estimated project cost was $43,800,
staff solicited informal sealed bids from 11 local electrical contractors, instead of advertising the
project for bidding.
On February 7, 2001, the Director of Public Works received sealed informal bids from six
electrical contractors for the "Installation of Green L.E.D. Lamps on Various Traffic Signals in the
City of Chula Vista (TF291)." The work to be done includes the installation of City-furnished
green light-emitting diode (L.E.D.) lamps, traffic control, and protection and restoration of
existing improvements. In addition, the work to be done includes either one of the following two
alternates:
Alternate "A": Removal, protection, and delivery of existing green incandescent traffic
signal lamps to 707 "F" Street, Chula Vista, or
Alternate "B": Removal and Disposal of Existing Green Incandescent Traffic Signal Lamps.
The need for both alternates was triggered by a letter sent to the Purchasing Agent from A.C. City
Equipment offering to buy the resultant used traffic signal green lamps for $1,047.54. Alternate
"A", if feasible, would then allow the City to discard the unwanted equipment while generating
additional revenues as a result of the sale. Therefore, all contractors were required to submit bids
for both options in order to qualify for the bidding process. Consequently, the City of Chula Vista
would select either bid proposal alternate, once staff determined which alternate was more cost
effective.
The bids received were as follows:
Total Amount- Total Amount-
Contractor
Alternate "A" Alternate "B"
1. HMS Construction, Inc. - Fallbrook, CA $29,256.00 $29,256.00
!. PDW Sierra Electric dba Sierra Electric - E1 Cajon, CA $30,578.20 $30,359.20
3. Sutherlin Contracting - El Cajon, CA $33,207.50 $33,098.00
~. S & K, Inc. - Lakeside, CA $39,135.00 $39,135.00
5. Southwest Signal Service - El Cajon, CA $39,839.00 $39,729.50
~. Peek Traffic -- Anaheim, CA $45,990.00 $43,800.00
The low bid of $29,256 for either alternate was received from HMS Construction, Inc. However,
Alternate "A" net cost is $28,208.46 after the City sells the used lamps compared to $29,256 for
Alternate "B"; therefore, staff recommend Alternate "A" for this project. The lowest bidder has met
all City requirements for award of a contract as set forth in the bid document.
Compensation for the installation work was appropriated from the unappropriated balance of the
Gas Tax Fund, by Council Resolution 2000-443 on December 5, 2000. The appropriations included
the $29,256.00 contract amount, $4,544.00 for contingencies and $10,000.00 in staffcosts.
Page 3, Item
Meeting Date 3/20/01
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b)(3)
and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit "A".
Prevailing Wage Statement
Funds for this project were appropriated fi.om the unappropriated balance of the Gas Tax Fund.
Contractors bidding this project were not required to bid based on paying prevailing wages to
persons employed by them. No special minority or women-owned business requirements were
necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through
the sending of the "Notice to Contractors" to various minority trade publications.
Form of Agreement
The contract will be let on the City's standard Public Works Contract form. The City Attorney will
approve the final form.
FISCAL IMPACT:
FUNDS REQUIRED FOR INSTALLATION
A. Contract Amount- Alternate "A" $29,256.00
B. Contingencies (15%) $ 4,544.00
C. Design, Inspection & Administration $10,000.00
TOTAL $43,800.00
FUNDS AVAILABLE FOR iNSTALLATION
Funds Appropriated from the Unappropriated Balance of the Gas Tax Fund $43,800.00
TOTAL $43,800.00
There will be a one-time revenue generation of $1047.54 as a result of selling the used lamps. In
addition, the City will save approximately $74,000 per year in energy costs associated with this
project, starting in fiscal year 2001-2002. Payback to the City's cost on this project is anticipated at
1.2 years.
ATTACHMENTS: EXHIBIT"A" CONTRACTORS DISCLOSURE STATEMENT
LETTER FROM AC. CITY EQUIPMENT OFFERING TO PURCHASE THE USED GREEN LAMPS.
Prepared By: Jeff Moneda and Majed AI-Ghafiy
H:\HOM E\ENGINEER~AGENDA\TF291_l .ma. DOC
EXHIBIT A
THE CITY OF CHLLA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy I01-01, prior to any action upon matters which will require discretionary
action by the Council, Planning CorrLrmssion and ail other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the properly that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all
individuals w/th a $1000 invesnnent in the business (corporation/parmership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
rrustor of the mast.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
6
H:\HOM=-LENGINEER~DMIN~CO~'RAC'~TF291 .DOC
5. Has an3' person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes__No
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No ~'"'If Yes, which Council member?
7, Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaliqg more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes No "" If Yes, which
Council member?
8, Have you provided more than $300 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legalDate:.the nature~/~q-/r_)/°f itemdebt' provided?gift' loan, etc.)Yes No. ~_ ~ ~ Y/~.which o~ficial* *.~~f~ and what was
Signature of Co.actor/Applicant
Print or type name of Contractor/Applicant
* Person is defined as: any individual, fn'm, co-parmership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
dislrict, or other political subdivision, -or any other group or comb/nation acting as a unit.
** Official includes, but is not 1/mited to: Mayor, Council member, Planning Commissioner,'
Member ora board, commission, or comm/ttee of the City, employee, or staffmembers.
7
H 5H O M ~.E N Gl N E E RV~.D MIN~COiq,!TRACT~TF291 .DOC
A.C. CITY EQUIPMENT
January 10,2001
CITY OF CHULA VISTA
Purchasing Division
2?6 Fourth Ave.
Chula Vista, CA. 91910
Attn.: Mr. John Coggius
In response to our telephone conversation on 1/08/01, I would like to inform you that
A.C. CITY EQUIPMENT specializes in buying Surplus Equipment from various Cities
in California.
We are always looking for used Traffic Signal Heads, Mounting Gear, Traffic Poles,
Street Light Fixtures, Street Light Poles, I would appreciate if you can keep us in mind
for future projects. In regards to the Green Lenses and Reflectors, according to the
amounts you gave me: 1,484 PCs. Green 12" w/Reflector
570 PCs. Green arrow 12" w/Reflector
136 PCs. Green 8" w/Reflector
We would like to place a bid of $1,047.54 (One Thousand forty seven and .54/100)
If our bid is accepted, arrangement for pick up can always be made.
We look forward to doing business with you.
Thankyou.
Alejafidro Sanehez
A.C. CITY EQUIPMENT
9750 VIA DE LA AMISTAD - SAN DIEGO, CALIF. 92173 · TEL: (619) 661-6462 · FAX: (619) 661-0297
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTiNG INFORMAL BIDS AND
AWARDING ALTERNATE "A" CONTRACT TO HMS
CONSTRUCTION, iNC. FOR THE "iNSTALLATION OF
GREEN L.E.D. LAMPS ON VARIOUS TRAFFIC SIGNALS iN
THE CITY OF CHULA VISTA (TF291)"
WHEREAS, on February 7, 2001, the Director of Public Works received the following six
sealed informal bids from electrical contractors for the "Installation of Green L.E.D. Lamps on
Various Traffic Signals in the City of Chula Vista (TF291)":
Total Amount- Total Amount-
Contractor
Alternate "A" Alternate "B"
l. HMS Construction, Inc. Fallbrook, CA $29,256.00 $29,256.00
!. PDW Sierra Electric dba Sierra Electric - E1 Cajon, CA $30,578.20 $30,359.20
3. Sutherlin Contracting - E1 Cajon, CA $33,207.50 $33,098.00
~. S & K, Inc. - Lakeside, CA $39,135.00 $39,135.00
5. Southwest Signal Service E1 Cajon, CA $39,839.00 $39,729.50
5. Peek Traffic - Anaheim, CA $45,990.00 $43,800.00
WHEREAS, the low bid of $29,256 for either alternate was received fi'om HMS
Construction, Inc., however, Alternate "A" net cost is $28,208.46 a~er the City sells the used lamps
compared to $29,256 for Alternate "B"; therefore, staff recommend Alternate "A" for this project;
and
WHEREAS, the lowest bidder has met all City requirements for award of a contract as
set forth in the bid document; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the work
involved in this project and determined that the project is exempt for CEQA both under CEQA
Guidelines, Section 15061 (b)(3) and Section 15303, Class 3 (new construction or conversion of
small structures); and
WHEREAS, funds for this project were appropriated from the unappropriated balance of
the Gas Tax Fund and contractors bidding this project were not required to bid based on paying
prevailing wages to persons employed by them; and
WHEREAS, no special minority or women-owned business requirements were necessary as
part of the bid documents, however, disadvantaged businesses were encouraged to bid through the
. sending of the "Notice to Contractors" to various minority trade publications.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept informal bids and award Alternate "A" Contract to HMS Construction,
Inc. for the installation of green L.E.D. lamps on various traffic signals in the City of Chula Vista
(TF291).
Presented by Approved as to form by
J O~tl~,,[~l. Kaheny
John P. Lippitt ~J,~Attomey ~
Director of Public Works
H:\home\attorney\rs\Green LED Lamp bid
COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 3120112001
ITEM TITLE: RESOLUTION APPROVING SUBMITTAL OF A
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE
OF STATE AND LOCAL DOMESTIC PREPAREDNESS (OJP) FISCAL
YEAR 1999 STATE DOMESTIC PREPAREDNESS EQUIPMENT GRANT
PROGRAM IN THE AMOUNT OF $ 124,400 AND AMENDING THE
FISCAL YEAR 2000-01 BUDGET FOR THE FIRE DEPARTMENT BY
APPROPRIATING UP TO THIS AMOUNT CONTINGENT ON GRANT
APPROVAL AND DESIGNATING THE FIRE CHIEF AS THE
AUTHORIZED OFFICIAL TO EXECUTE, ON BEHALF OF THE CITY, THE
APPLICATION AND RELATED DOCUMENTS
SUBMITTED BY: James B. Hardiman, Fire Chief (~ ~
/
REVIEWED BY: City Manager ~;rV (4/5ths Vote: Yes No X)
BACKGROUND:
The Governor's Office of Emergency Services (OES) is administering for the Department of
Justice, Office of Justice Programs, Office of State and Local Domestic Preparedness (OJP) Fiscal
Year 1999 State Domestic Preparedness Equipment Grant Program. This new federal grant was
made available from OJP to the states using federal funds from fiscal year 1999. California
received $4,619,000. Of that amount, $588,000 is designated for terrorism risk and capability
assessments, and $4,031,000 for eligible equipment for emergency first responders.
This is the beginning of a new OJP grant program designed to build fire department capabilities and
to assist state and local governments to become better prepared for threats and incidents of
domestic terrorism. This is the first year of a three-year grant program. This grant program is
supported by the California's domestic terrorism preparedness strategy, a three-year projection of
statewide capabilities, gaps, needs, and capabilities/needs assessment at the local jurisdiction level
while providing funds for the acquisition of basic emergency response team equipment. Conditions
and restrictions for subsequent years' funds are as yet undeclared.
OES is working with OJP and our state agencies to ensure local interests that grant funds are
allocated to the best advantage of the entire state. The federal requirement is for the state to
manage this grant under a strategic plan. In California the process will be consistent with the
Standardized Emergency Management System and will provide for input from local and state
emergency response agencies.
The Governor's Office of Emergency Services requires all grant applications to be coordinated
through County Operational Areas. The San Diego Operational Area grant applications are being
coordinated through San Diego County Office of Disaster Preparedness. Chula Vista has received
notice of eligibility to apply for grant funds from the U.S. Department of Justice, State and Local
Domestic Preparedness Equipment Support Program.
RECOMMENDATION:
Staff recommends Council's authorization for the Fire Chief to execute and submit a grant
Page 2, Item
application for $124,400 to the U.S. Department of Justice, State and Local Domestic
Preparedness Equipment Support Program, and appropriation of the grant award up to this amount
to the Fire Department budget contingent on grant approval.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City of Chula Vista Fire Department was made aware of an Office of Justice, Domestic
Terrorism Preparedness Grant. This is one federal grant that is divided into two sub-grants. The
section we are applying for is Emergency Equipment. There is $140,000 dollars available for fire
departments within the San Diego County Operational Area.
The County of San Diego, Office of Disaster Preparedness, will administer the grant. They will
evaluate all application and make decisions on funding. At this time in the process, the Office of
Disaster Preparedness is unable to determine how much money the City of Chula Vista can receive
from the grant.
We have requested $124,400 in order to purchase emergency response equipment and a thermal
imaging camera (see attachment #2 Equipment Budget). The equipment we have requested will
allow us to maintain a cache for our personnel and others to respond to terrorist attacks and events
using weapons of mass destruction. This equipment will meet grant objectives by improving our
search and rescue capabilities and serving as a regional resource to other agencies in times of
need.
FISCAL IMPACT:
If the grant application is approved, this action will result in the expenditure of up to $124,400 in
state grant funds for emergency response equipment. There will be no net impact on the general
fund.
Attachments: 1. Complete Grant Application
2. Equipment Budget/Worksheets
ATTACHMENT t
OFFICE OF JUSTICE DOMESTIC TERRORISM
PREPAREDNESS GRANT APPLICATION PACKAGE
Table of Contents
Part One -~ OVERVIEW ................................................................................... 3
Purpose ................................................................................................ 4
The Federal Grant .................................................................................... 4
State Participation ................................................................................. 5
Operational Area Participation ................................................ , .... : ............. 6
Part Two - ONE FEDERAL GRANT PROGRAM - TWO SUBGRANTS ................... 7
Approach ............................................................................................ 8
Funding Formulas .................................................................................. 9
Funding Distribution .................................................................... ...: ....... 9
Compliance .................................................................... , ..................... l0
Part Three - THE NEEDS ASSESSMENT APPLICATION .................................... 11
Criteria... ........................................................................................... 12
Process Summary .................................................................................. 13
Timeline ............................................................................................. 14
Application Compon. ents ........................................................................ ,. 15
Application Developinent Details, Forms and Instructions ................................... 15
Review ............................................................................................... 17
Award ................................................................................................. 17
Monitoring ............................................................................................ 17
Invoice ................................................................................................ 17
Part Four - THE E.Q.UIPMENT APPLICATION ............................... ~ .................. 18
General Methodology .............................................................................. 19
Criteria .................................................................. -. ............................ 20
Process Summary ............................................. · ...................................... 20
Equipment Uses ................................................... ................................. 20
Private Contractors ..................................................... .,... ........................ 21
Prohibited Equipment ........................................................ , .................... 21
Timeline ............................................................................................ 22
Components ........................................................................................ 23
Application Development Details, Forms and Instructions .................................. 23
Review ............................................................................................... 25
Award ................................................................................................ 25
Monitoring .........:; ................................................................................ 25
Invoices .............................................................................................. 25
Progress Reports .................................................................................... 25
Table of Contents
APPENDICES .............................................................................................. 26
A. Needs Assessment Forms ......................................................................... 27
B. Equipment Forms ................................................................................... 36
C. Assurances, Certifications, Signature Authority ................................................ 48
D. Needs Assessment Funding Allocation Chart ............................ : ..................... 54
E. Equipment Funding Allocation Chart ........................................................... 57
F. Authorized Equipment Purchase List ............................................................ 60
G. Federal (~ontract Contacts ................................................................ : ........ 66
H. Definitions ........................................................................................... 68
I. Equipment Price List ............................................................................... 71
J. Travel Reimbursement Summary ................................................................ 75
Part One
Overview
FFY 99 State Domestic Preparedness PART ONE Page 3
Needs Assessment and Equipment Program
Part One
OVERVIEW
Purpose The purpose of this Guide is to:
* Explain the new anti-terrorism grant from the Office of Justice
Programs (OJP), Office of State and Local Domestic
Preparedness Support, entitled "Fiscal Year 19)9 State Domestic
Preparedness Equipment Program"
· Provide instructions on how local government can apply for
subgrants
The federal grant The Office of the Assistant Attorney General, OJP, in coordination with
the National Domestic Preparedness Office, is providing financial
assistance directly to the states via the "Fiscal Year 1999 State Domestic
Preparedness E.qa~pment Program" grant. This grant is for:
1. Threat risk and capability needs assessments
The threat assessment process will help identify and prioritize
equipment and training needs in the state and local jurisdictions. It
includes risk assessment (a combination 0f threat, vulnerability
and public health) and capabilities and need. s assessment of
emergency responders. This portion of the grant will b.e available
to all 58 Operational Areas.
2. The purchase of specialized ~quipment for first'responders
The equipment purchased will be hsed to enhance the capabilities
of state and local government and to ensure that first responders
are properly equipped and prepared to respond to acts of terrorism
involving weapons of mass destruction, chemical and biological
agents, as well as radiological, nuclear, and explosive devices.
FFY 99 Slate Domestic Preparedness PART ONE Page 4
Needs Assessment and Equipment Program
Ineligible The following twenty-four jurisdictiong have received equipment grant
Jurisdictions funds from OJP under the FFY 1999 County and Municipal Agency
Domestic Preparedness Equipment Support PrOgram and CANNOT
receive equipment funding from this program:
Alameda County City of Anaheim
Contra Costa County City o'f Fresno
Fresno County City .of Long Beach
Kern County City of Los Angeles
Los Angeles County City of Oakland
Orang~ County City of Sacramento
Riverside County City of San Diego
Sacramento County City of San Jose
San Bemardino County City of Santa Ana
San Diego County City and County of San
San Joaquin County Francisco
San Mateo County
Santa Clara County
Ventura County
State participation The state applied for this grant because futui'e funding from the federal
government requires each state to develop two separate, h~lt related
documents. This grant offers funding to local government to provide the
state with data to complete the following documents:
1. A statewide Needs AsseSsment of California's requirements
for equipment, first responder training, and other resources
involved in a Weapons of Mass Destruction (WMD)
response.
2. A three-year Statewide Domestic Preparedness Strategy
describing where and how California will distribute grant
funds and equipment received under the OJP equipment
program. It will also offer OJP a guide on targeting first
responder training and other support resources.
As the State Administering Agency for the federal grant, the Office of
Emergency Services (OES) has elected to work directly through
Operational Areas (OAs), and with those specific state agencies that have
first responder responsibilities. State OES representatives have already
begun working with Operational Areas and specific state agencies to
ensure California takes full advantage of this critical planning and
preparedness opportunity to protect the state from the threat of terrorism.
FFY 99 Stale Domestic Preparedness PART ONE Page 5
Needs Assessment and Equipment Program ~
State participation, With data provided by the OAs, the nature and extent of the potential
continued terrorism problem within California can be defined and determined. As
this three-year program progresses, the state will work with OAs to
establish a level of statewide preparedness including:
1. Emergency response equipm, ent
2. Training
3. Exercises
4. Technical assistance
Operational Area OES feels very strongly that the Operational Area approach, regardless
participation of eligibility issues for this 1999 funding year, is the most effective
approach - both for the Operational Areas in considering their overall
needs and for the state in assessing the statewide capabilities. It
reinforces the value of our commitment to a standardized approach to
emergency management.
To ensure that the overall goals of the funding are met, Operational Area
lead agencies will act as the coordinators/facilitators 13f the grant
application process with their local jurisdiction members. Two separate
application packages are needed and they will be explained in the
following grant detail.
Needs Assessment: All 58 OAs will submit a separate application
pacldage to receive funding for the Needs Assessment work. These
funds, subgranted to the OAs, may be subgranted to others designated to
assist with this work or used administratively by the OA lead agency to
facilitate the work.
.~., Equipment: Each participating local jurisdiction shall complete an
application and submit to the OA. The OA will submit one equipment
grant application package on behalf of the entire Operational Area. If the
county, acting as the lead agency for the Operational Area, is ineligible to
apply for an eqt!ipment subgrant, we are asking that the OA be the entity
to facilitate, coordinate and submit the equipment requests for the
remaining eligible jurisdictions within the Operational Area. This
maintains and reinforces our Standardized Emergency Management
System approach.
FFY 99 State Domestic preparedness PART ONE Page 6
Nceds Assessmom and Equipment Program
Part Two
One Federal Grant Pro,ram-
Two Subgrants
FFY 99 State Domestic Preparedness PART TWO Page 7
Needs Assessment and Equipment Program
Part Two
One Federal Grant - Two Purposes - Two Subgrants
Approach OES will receive federal grant money from OJP to distribute to local
jurisdictions. There are two purposes for the money: needs assessment
and equipment purchases; therefore, them arc two subgrants to
administer. The program has a separate application process for each
subgrant.
OES has determined that the Operational Area, in accordance with the
principles of SEMS, is the most appropriate level to:
1, Oversee/facilitate/coordinate this grant process for their
constituent jurisdictions; and
2. Submit the application package(s) on behalf of the OA and/or
Local Jurisdictions.
This concept provid6s a consistent means for the OA as a whole to
determine its needs. In whatever manner is deemed appropriate to the
individual OA, rhember entities should come together to address how
they want to conduct this application processes.
FFY 99 State Domcslic Preparedness PART TWO Page 8
Needs Assessment and Equipmcnl Program
Funding Formulas California's allocation of the total funds available is $4,619~000. A
portion of the funding has been reserved to support state agen6y first
responders that assist local government
Needs Assessment Formula
The needs assessment award was determined on a base amount of $5,000
to each OA, with the balance of funds distributed on a p0Phl'ation share
basis. OAs may apply for amounts based on the Needs Assessment
Funding Allocation Chart, Appendix D.
Equipment Formula
The equipment award was determlned on a base amount of $25,000, with
the balance of funds distributed on a population share basis. The
baseline formula for each OA is contingent upon a guide devei0ped by
the California Specialized Training Institute, Emergency Medical
Services Authority and the Department of Health Services listing
equipment necessary for a baseline capability.for first responders in each
discipline. OAs may apply for mounts based on the Equipment Funding
Allocation Chart, Appendix E. The chart has been adjusted by removing
all jurisdictions that received equipment funding through the "Fiscal
Year 1999 County and Municipal Agency Domestic Prepal:edness
Equipment Support Program."
Funding Needs Assessment Funds Distribution
Distribution The needs assessment funds will be distributed by OES to. the OA. The
OA may subgrant funds to others designated to assist with the needs
assessment.
Equipment Funds Distribution
Each local jurisdiction whose application comprises part of the OA's
overall grant package will become individual "applicants" and receive
the funds directly from OES via the subgrant process.
FFY 99 State Domestic Preparedness PART TWO Page 9
Needs Assessment and Equipment Program ~/~
Compliance
Cancellation of Sub,grants may be cancelled if:
~, Subgrant
· a project has not started within 60 days of the award tO gn
applicant. The applicant, in coordination with its OA, must report
by letter to the OES regional office the steps taken to initiate the
project, the reasons for delay, and the expected start date.
· a project is not operational .w. ithin 90 days of the date of the
award, then the applicant, in coord~r~ation with its OA, must
submit a second statement to the OES regional office explaining
the implementation delay. Upon receipt of the 90~day letter, OES
may cancel the project and request OJP approval to redistribute
the funds to other project areas.
In addition, should a jurisdiction materially fail to comply with any term
of an award, whether stated in a Fe.deral statute or regulation, an
assurance, in a state plan or application, a notice of award, or elsewhere,
State OES may take one or more of the following actions:
1. Temporarily withhold cash payments pending correction of the
deficiency by the jurisdiction;
2. Disallow all or part of the cost of the activity or action n,q,t in
compliance;
3. Wholly or partly suspen~d or terminate the current award for the
jurisdiction's program;
4. Withhold further awards for the program; or
5. Take other remedies that may be legally available.
FFY 99 State Domeslic Preparedness PART TWO Page 10
Needs Assessment and Equipment Program
Part Three
The Needs Assessment
Application
FFY 99 State Domestic Preparedness PART THREE Page I 1
Needs Assessment and Equipment Program
Part Three
The Needs Assessment Application
Criteria OAs must meet the £ollowing criteria £or receiving Needs Assessment
awards:
1. The Operational Area must establish a multidis¢iplinary,
interagency working group £or this program. The group must
include representatives from law cn£orcement, fire, hazmat,
medical health and emergency services.
This working group must coordinate with the area's Terrorism
Working Group, if one exists.
3. The working group must be involved in the needs assessment
process.
4. The Operational Area must commit to completing the needs
assessment using the Needs Assessment Toolkit provided by
OJP, as .modified by OES.
5. The Operational Area must provide raw information gathered
during the needs assessment, upon request, to OES or its
contractor. (There may be additional information required once
we know the results of the three Threat Assessment Pilot
P.rojects.)
6. The Operational Area must incorporate the needs assessment as
part of their overall terrorism planning.
Needs Assessment funds shall be used by the OA to reimburse local
jurisdictions for efforts in "Assessment" development to accomplish
whatever steps/tasks are required to complete a thorough needs
assessment and strategy according to the program. Again, this is to be
coordinated through the OA with Needs Assessments accomplished by
OA member jurisdictions (i.e., cities, county). OES will provide
guidance to the OA for completion of the Needs Assessment tools.
FFY 99 State Domestic Preparedness PART THREE Page 12
Needs Assessment and Equipment Program
Process Summary For the Needs Assessment grant, the process will go as follows:
· Applicants will complete the required documents' in-this section.
· Forward the completed application package to the appropriate
OES regional office. OES will accept only one application
packet for needs assessment funds and only from the OA.
,~ The OES Regional Office.will fol'ward to the OES
Administration Branch for processing.
· Subgrants will be aw~ded to each OA that submits a completed
application.
To participate in the program, OAs will be required to:
1. Coordinate with jurisdictions within the OA and with OES to
complete the Needs Assessment and Preparedness Strategy;
2. Perform a Risk Assessment Profile;
3. Perform a Capabilities and Needs Assessment;
4. Develop a Jurisdiction Priority Matrix;
5. Provide a three-year projection of existing resources and
projected needs;
6. Report information on:
· domestic preparedness training needs;
· number and composition of emergency respor~ team;
· overall domestic preparedness efforts.
7. Consolidate this assessment data and develop the three-year
strategy.
8. Input assessment data into the OJP website database.
FFY 99 State Domestic Preparedness PART THREE Page
Needs Assessment and Equipmem Program ~.~ .~ [$ ~
Timeline: Needs Assessment Applications and Performance
November 1, 2000 Program application guidance made av~t~ble to the
Operational Areas.
By January 2, 2001 OAs develop and submit Needs Assessment application
to the appropriate OES regional office.
By February 1, 2001 Regional offices assist and/or review applications for
completeness. Once completed, Regional offices will
forward the applications to the OES Administration
Branch for processing.
By March 5, 2001 Subgrant awards issued to OAs.
By June I, 2001 Invoices and Needs Assessments submitted to regional
offices.
FFY 99 State Domestic Preparedness PART THREE Page 14
Needs Assessment and Equip~nent Program
Needs Assessment Application Components
Application The OA will complete and submit the following documents for the Needs
Components Assessment subgrant application:
1. Coversheet
2. Program Narrative Statements
3. Needs Assessment Budget
4. Needs Assessment Budget Detail
5. Certifications
6. Assurances
7. Disclosures
8. Signature Authority
(Numbers above correspond to "Item" numbers that follow it~ this section.)
Mail the original and one copy to th//appropriate OES Regional Office.
Application The follob~ing conditions, instructions, and associated att~.ched forms have
Development been developed for this grant alJplication process to be as simple and
Details, Forms straightforward as possible, and meet the federal grant requirements for
and Instructions monitoring.
Item gl Operational Area Coversheet
Information submitted from local jurisdictions to the OA will be
summarized on the Coversheet. A person legally authorized to enter into
agreements on behalf of the OA must sign the Coversheet. List funding
· distributions by jurisdiction on page two, with additional pages if
necessary.
FFY 99 Share Domestic Preparedness PART THREE Page 15
Needs Assessment a..d Equlphient Program ~ ../~'~
Item #2 Progr0.m Narrative
The Program Narrative is the most important portion oft, he application. It
will explain what will be accomplished with the grant money. The OA
will develop the Brogram Narrative with the input from its working group.
The following information is required:
A. Problem Statement: Assess and briefly define the nature and extent
of the potenti, al terrorism problem for the Operational Area addressing
vulnerability, threat and public health if that information is available.
B. Overview of Operational P~rea's Capability: Provide a short
description of the ability and resources to mitigate'a terrorist incident
based on the training received, practical exercise experience, and
equipment currently available. This overview must take into account
the status of at least four response disciplines - fire, emergency
medical, hazardous materials response services, and law enforcement.
C. Equipment Procurement Plan: Demonstrate a need for equipment in
the following categories: pe[sonal protective; chemical, biological, and
~ ·, /I equipment. The request for equipment to be purchased should be based
/(~"v'~i'~'?~ .}w~ ~? radiological detection; decontamination; and communicatio.ns
x~'q~ ~' on a review of the equipment already available. The equipment
assessment should reflect the needs of the fire, emergency medical,
· ~ tiazardous materials response services, and law enforcement disciplines
~ ~ - first responder basic defensive equipment.
D. Implementation and Evaluation Plan: Provide an implementation
plan that includes a schedule of milestones of significant tasks for the
procurement plan.
Item #'s 3 and 4 A proposed budget and budget detail summarizing how the funds will be
spent is required by OJP for each the application. Form format is provided.
Budget
Provide a brief narrative for each category you will be using. Then, total
the amount of funds to be used for each category in the space provided.
The all categories at the bottom.
FFY 99 State Domestic Preparedness PART THREE Page 16
Needs Assessment and Equipment Program
Item #'s 51 6, 7 Certifications, Assurances, Disclosures, and Signature Authority
and 8 Photocopy the attached forms and sign.
NOTE: Signature Authority completed for thc FY 2001 Emergency
Management Preparedness Grant may be used for this application.
Review The OA will submit the application to the OES regional office for review.
The region will provide a completeness review to ~nsure the application
meets basic program criteria as outlined within this docuhaent.
Award Once the application has been reviewed and the Program Narrative agreed
upon, the application is forwarded to the OES Administration Branch
where the subgrant award document will be gen. erated and mailed to the
OA for signatures. Once the document has been fully signed by both the
OA and OES, the funds will be available to the OA for reimbursement.
Monitoring Once subgrants are awarded, OES regional staff will monitor ttie OA
progress throughout the award period through local contact.
Invoice The OA will invoice OES for the amount of the subgrant once the work is
completed. A copy of the Needs Assessment must accomp'~iy the invoice.
FFY 99 State Domestic Preparedness PART THREE Page 17
Needs Assessment and Equipment Program
Part Four
The Equipment Application
FFY 99 State Domestic Preparedness PART FOUR Page 18
Needs Assessment and Equipment Program
Part Four
The Equipment Application
General The OA will continue as "facilitator" working with the member local
Methodology jurisdictions and di.sciplines in a working group setting to determine and
mutually agree UP. On the content of the overall OA equipment application
package. The overall OA equipment grant application package shall be
comprised of individual applications of designated local jurisdictions.
Each of those applications must inde. pendently contain all required
documentation.
Eligible If an Operational Area lead agency, e.g., county OES, is eligible for a
Operational Area FF¥ 1999 OJP equipment grant, the OA will £acilitate th..e local jurisdiction
equipment grant applications. The OA will compile the county and other
applications into a single grant application package to the OES Regional
Office on behalf of the juris.dictions repeesented in the OA. OES will
administer the grants and distribute funds to all jurisdiction.s included in the
OA ap, plication package.
Ineligible The Operational Area lead agency may be ineligible for a FFY 1999 OJP
Operational Area equipment grant, because the lead for the OA is a county government that
already received an OJ.P grant. The OA will still be responsible for
~e6-o facilitating and compiling the equipment grant applications within their
oo,~7,~ Operational Area, but an application from the county will nQt be included.
The eligible jurisdictions within the OA may complete applications and
submit them to the OA. The OA will compile the applications and forward
them to the OES Regional Office. OES will administer the grants and
distribute funds to those jurisdictions.
FFY 99 State Domestic Preparedness PART FOUR Page 19
Needs Assessment and Equipment Program
Criteria The following criteria should be used by the OA to decid~',~here to focus
and prioritize equipment spending:
1. The OA distribution of equipment must promote regional
capability.
2. The distribution of equipment addresses gaps in existing
capabilities.
3. The recipient of the equipment will he ~ble to provide Staff
trained on the equipment.
4. The recipient of the equipment will be able to tnaintain the
equipment.
5. The recipient must comply with the terms of the Master Mutual
Aid Agreement, as set forth in the "Equipment Coordination
Certification" form hereto.
6. The OA will be able to maintain a reasonable condition of
readiness to respond to terrorist attack.
7. The recipient will maintain an equipment tracking system for all
equipment purchased under this grant.
Process Summary To complete this application, jurisdictions will be expect~i '~o:
1. Audit cfirrent equipment cache for each discipline and assess the
need for additional terroris, m related equipment.
2. Consult the Authorized E. quipment Purchase List isee Appendices
C and D); consult lists of resources available fr6m yot~r region
representative, etc.
3. Discuss the equipment distribution and develop an equipment
budget, budget detail worksheet and distribution plan with the
Operational Area lead agency; complete the application process
described in this guideline. ,
4. When Notice of Subgrant Award is received, order equipment
promptly.
..~5. Complete an invoice and mail to OES. OES will review the
invoice and when approved, reimburse the invoicing agency.
Equipment Uses Uses for equipment funds are specific. Equipment funds may be used for
the acquisition of personal protective; chemical, biological, and
radiological detection-decontamination; and communications equipment
in accordance with the FFY 1999 Authorized Equipment Purchase List
(see Appendices C and D). These. funds are available only for first
responder basic defensive equipn~ent. All equipment acquired under this
grant program must be made available for mutual aid, as set forth in the
"Equipment Coordination Certific'ation" hereto, durisdic[ions must
certify that any equipment received will be availdble fdr mutr~al aid.
FFY 99 State Domestic Preparedness PART FOUR Page 20
Needs Assessmem and Equipment Program
Private Contractors Some local government agencies contract with private entities to perform
certain services on their behalf. The provision of emergency medical
services is one example of such an arrangement. In these cimumstances,
it is permissible for a government entity to include requests for funding
related to equipment that may be used by, or assigned to, such
contractors. It must be certified however, that the equipment purchased
through funds awarded in these grants remains the property of, and must
be returned to, the grantee. In all such cases, the government agency, as
gran~ee, remains responsible for the equipment purchased, and must
ensure that such equipment is avaitable for audit or inspection purposes.
Prohibited Exp.~nditures for equipment such as vehicle9 and trailers, general-use
Equipment laptop computers, co. mputer monitors and printers, and video-monitoring
equipment, as well as arms and ammunition are not allowable under this
grant.
FFY 99 State Domestic Preparedness PART FOUR Page 21
Needs Assessment and Equipment Program
Timeline: Equipment Applications and Performance
November 1, 2.000 Program appiication guidance n3, ade available to the
Operational Areas.
By February 1, 2001 Develop and submit equipment applications to the
appropriate OES regional office address.
By March 1, 2001 MARACs review equipment proposals.
Regional offices assist and/or review equip~et~t
proposals. Regional offices forward the applications to
OES Administration Branch for processing.
By June 1, 2001 OES prepares subgrant award notices and' mails them to
applicant jurisdictions.
By November 1, 2001 Applicants purchase equipment and submit invoices to
the OES regional office. Regional offices forward the
invoices to OES Administration Branch for processing.
FFY 99 State Domestic Preparedness P~RT FOUR Page 22
Needs Assessment and Equipment Program
Components The OA, as facilitator, should assist local jurisdictions in completing
{heiv application documents. Each selected local jurisdiction, as a formal
"applicant" will need to ensure the required legal authorities, signatures,
etc. on their ind!~t, idual applications. This application will include the
following documents:
1. Cover-sheet (OA and/or local jurisdiction)
2. Program Narrative Statements
3. Equipment Budget
4. Equipment Budget Detail Worksheet
5. Certifications (2)
6. Assurances
7. Disclosures
8. Signature Authority
9. Supporting documentation from jurisdictions
(Numbers above correspond to "Item" numbers that follow in this
section.)
Mail the original and one copy to the appropriate OES Regional Office.
Application The following conditions, instructions, and associated attached forms
Development have been de. veloped for this grant application process to he as simple
Details, Forms and and straightforward as possible, and meet the federal grant requirements
Instructions for monitoring.
Item #1 Coversheet
The OA will compile and sulaunarize applications submitted from local
jurisdictions to the OA on the OA Transmittal Core.beet. List funding
requests by jurisdiction on page two, with additional pages if necessary.
The local jurisdiction applicant will complete a coversheet also. A person
legally authorized to sign on behalf of the participant jurisdiction must
sign the coversheet.
FFY 99 State Domestic Preparedness PART FOUR Page 23
Needs Assessment and Equipment Program
Item #2 Program Narrative
If a Program Narrative was written for the Needs Assessment~ the.same
Program Narrative can be used for this grant application as Well. Ifa
Program Narrative was not previously developed, then the following
information is required for the Operational Area package:
A. Problem Statement: Assess and briefly define the nature and extent
of the potential terrorism prob!em for the Operational Area
addressing Vulnerability, threat and public health if that information is
available.
B. Overview of Operational Ar~a's Capability: Provide a short
description of the ability and resources to mitigate ~t terrorist incident
based on the training received, practical exercise experience, and
equipment currently available. This overview must take into account
the status of at least four response disciplines - fire, emergency
medical, hazardous materials response services, and law enforcement.
C. Equipment Procurement Plan: Demonstrate a need for equipment
in the following categories: personal protective; chemical, biological,
and radiological detection; decontamination; and communications
equipment. The request for equipment to be purchased should be
based on a review of the equipment already available. The equipment
assessment should reflect the needs of the fire, emergency medical,
hazardous materials response sen, ices, and law enforcement
disciplines - first responder basic defensive equipment
D. Implementation and Evaluation Plan: Provide an implementation
plan that includes a sch, edule of milestones of significant tasks for the
procurement plan.
Item #'s 3 and 4 Equipment Budget
A proposed budget and budget detail summarizing how the funds will be
spent is required by OJP for each Subgrant application. Form formats are
provided. Begin with a brief paragraph describing the equipment plan for
thejufisdiction and how it fits with the overall OA needs. Lisi ih6
proposed equipment order and total.
Equipment Budget Detail - Worksheet - An Equipment Budget Detail
worksheet is provided to assist the OA in the ~reparation of the
equipment budget and to provide OES with details needed for state
reporting to OJP. Applicants may change the format of this form to any
variation. It must contain a brief narrative on the equipmeflt t9 be
purchased with justification, jurisdiction and discipline requesting the
equipment, amount, computation and cost.
FFY 99 State Domestic Preparedness PART FOUR Page 24
Needs Assessment and Equipment Program
Item #'s 5, 6, 7 & 8 Certifications, Assurances, Disclosures and Signature Authority
Photocopy the attached forms and sign.
NOTE: Signature Authority completed for the FY 2001 Emergency
Man.~gement Preparedness Grant may be used for this application.
Item #9 Include any documentation from local jurisdictions that the OA deems
necessary to SulYport the application packag~ and request.
Review The OA will compile and submit the equipment application packages to
the OES regional office for review and presentation to the Mutual Aid
Regional Advisory Committee (MARAC). The region will p. rovide a
completeness review to ensure all participants' applications 'meet basic
program criteria as outlined within this document
Award When the ranking is completed, the subgrant award document will be
prepared and mailed to the involved jurisdictions for signature. Once
sigoed, these forms must be returned to OES before invoices can be
submitted.
Monitorin~ Once subgrants are awarded, OES regional staff will monitor progress
throughout the award period through contact with the OA.
Invoice Subgrant funds will be paid upon submissio.n of a completed Invoice.
Invoice form is provided. Claims for reimbursement can be submitted as
often as needed,' but not more than once a month.
Progress Reports OAs should develop a method of tracking activities and equ. ipment orders
of their local jurisdictions. OES regional offices wi!l complete semi-
annual reports on the status of activities and equipmeait, carried out under
the program for each OA. The OES regional office will contact the OA
to request specific information on activities and the status of equipment
ordered and received as a form of tracking and mo!!itoring inventories
statewide. The information will be incorporated into the state's annual
report to OJP. The reports will provide an audit trail for the prograqa,
which is required by OJP.
FFY 99 Slate Domestic Prgparedness PART FOUR Page 25
Needs Assessment and Equipment Program
Appendices
APPENDIX A
NEEDS ASSESSMENT
FORMS
Page 27
OA Coversheet - Page One
FisCal Year 1999
State Domestic Preparedness Equipment Program
Needs Assessment Application
Operational Area:
Address:
Name and telephone number of the person to be contacted on matters involving this application:
Name: Telephooe:
Total Funding Request for Operational Area: $
(Do not exceed the award allocation.)
Signature of Authorized Representative Title Da~e
Checklist:
Cover Sheet Disclosures
Program Narrative Assurances
Budget Certification
Budget Detail Worksheet Signature Authority
OA Coversheet/Fund[ng by Jurisdiction - Page l'wo of.
Add additio~tal sheets, if needed. Subtotal each sheet.
Total funding amount should be shown on page 1, Cover sheet.
Name of Jurisdiction(s) to receive funds: Amount
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $
15. $
Subtotal (this sheet) [ $
Operational Area
PROGRAM NARRATIVE
NOTE: 1. Once completed, this narrative can be used for both the Needs Assessment and Equipment applications.
2. OAs may attach supporting information from local jurisdictions, if appropriate.
PROBLEM STATEMENT
OVERVIEW OF JURISDICTIONS' CAPABILITY
EQUIPMENT PROCUREMENT PLAN
IMPLEMENTATION PLAN
BUDGET DETAIL/NARRATIVE
Cost Category Total Amount for
each Category
Personnel (Include position, salary, % of time and total for each position)
Position Salary % Total
Fringe Benefits (Include % rate, method of calculation, and how it is applied) I
Travel* (Include purpose and any other details to explain the expenditure) ]
Supplies (Provide description)
Contractual (Provide description of contract services, name of contractor if known and cost) [
Other (provide description and cost detail e.g., postage, communications, etc.)
Indirect Charges (If included, indicate % rate and how applied [e.g., °A X salariesl.) I
!
Indirect costs MI1 only be approved if you have a current federally approved Indirect Cost Rate Plan to support your
request. Please provide a copy ofyour federal approval with your application.
GRAND TOTAL I '
*Travel expenses will be reimbursed at current state rate. See Appendix J for complete details.
Fiscal Year 1999
State Domestic Preparedness Needs Assessment
and Equipment Program
NEEDS ASSESSMENT
NON-SUPPLANTING CERTIFICATION
I certify that any funds awarded under the Fiscal Year 1999 State Dr?mestic Preparedness Equipment
Program will be used to supplement existing funds for program activities, and will not replace
(supplant) non-federal funds.
Authorized Signature
Name (Print or Type)
Title
Operational Area
Date
~ ~'~ Page 32
SIGNATURE AUTHORITY
RESOLUTION NO.
BE IT RESOLVED BY THE
(Governing Body)
of that the individuals whose names, titles, and specimen
(Jurisdiction}
signatures appear below are hereby designated as Authorized Officials and are authorized to .execute
for and in behalf of , a public entity established under the
(Juhsdiction)
laws of the State of California, applications and documents for the purpose of obtaining financial
assistance.
(Signature) (Typed name and title)
(Alternate Signature) (Typed name and title)
(Alternate Signature) (Typed name and title)
PASSED AND APPROVED THIS DAY OF ,20
(Na~e and Title) (Name and Title)
(Name and Title) (Name and Title)
Page,,
Page. of
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
State Domestic Preparedness Needs Assessment
and Equipment Program
INVOICE
DATE
On completion of Needs Assessment,
submit completed assessment tool with
original and two copies of the invoice to:
Office of Emergency Services FROM:
Region Office
BILLING PERIOD: From to
TOTALCLAIM $
I hereby certify under penalty of perjury that I I hereby certify under penalty of perjury that I
am the duly qualified agent responsible for the am the duly authorized officer of the claimant
examination and settlement of Accounts 9f the herein; that this claim is in all respects true,
claim,ant herein, and that the amount~ correct, and in accordance with applicable
identified have been paid by the claimant, laws, rules, and regulations; that' the services
mentioned herein were actually rendered, and
that I have not violated any of the provisions of
Government Code Section 1090 to 1096,
inclusive.
Auditor/Controller/Clerk of City, County, District, etc. (Authorized Official (as designated on Signature Resolution)
INVOICE FORM INSTRUCTIONS
To Fill in the address 0fthe OES Regional Office for your Operational Area.
The addresses are as follows:
Southern Region Coastal Reeion Inland Region
Regional Administrator Regional Administrator Regional Administrator
4671 Liberty Avenue, BIdg 283 1300 Clay St P.O. Box 419047
Los Alamitos, CA 90720-5158 Oakland, CA 94612 Rancho Cordova, CA 95741-9047
From This section is for you to put your Operational Are~(OA) name and
address.
Please note: The name of the OA must be exactly the lame as on the
subgrant agreement form in the "Payee" section. Otherwise, our
Accounting Office cannot pay the claim.
Billing period Indicate the month and year for the beginning of the period covered to
the end of the period covered. (For the Needs Assessment grant, this
would be the actual period covered since only one invoice is to be
submitted along with the completed Needs Assessment.)
Total claim Enter the total amount of your claim. (Award amount)
Signatures The form must be signed by the appropriate fiscal officer of your
jurisdiction and the authorized official as designated on your Signature
Authority.
Copies Make two copies for the State Office of Emergency Services and
appropriate number for your office.
Attachment Attach a copy of the subgrant award document.
Mail Mail the original and two copies to the appropriate OES Regional Office.
APPENDIX B
EQUIPMENT FORMS
OA Transmittal Coversheet - Page One
State Domestic Preparedness Needs Assessment and
Equipment Program
Operational Area:
Address:
Name and telepl~one number pf the perso, n to be contacted on matters involving this application:
Name: Telephone:
Total Funding Request for Operational Area: $
I hereby certify that the attached applications represent the
Operational Area consensus on terrorism equipment needs to
improve the Operational Area's capability to respond to
terrorism incidents.
Signature of Authorized OA Representative Title Date
Checklist:
Cover Sheet Assurances
Program Narrative __ Certifications (2)
Budget __ Signature Authority
Budge! Detail Worksheet __ (Any Attachments from Jurisdictions)
Disclosffres
Page 37
OA Transmittal CoversheeffFunding by Jurisdiction - Page Two of
Add additional sheets, if needed. Subtotal each sheet.
Total funding amount should be shown on page 1, Cover sheet.
List jurisdictions participating in this application:
Name of Jurisdiction(s) to receive funds:
Funding Request
1. $
2. $
3. $
4. $
5. $
6. $
7. $
8. $
9. $
10. $
11. $
12. $
13. $
14. $ ·
15. $
Subtotal (this sheet) t $
Equipment Grant - Coversheet
State Domestic Preparedness Needs Assessment and
Equipment Program
Local Jurisdiction Applicant:
Operational Area:
Applicant Address:
Name and telephone number of the person to be contacted on matters ilnvolving this application:
Name: Telephone:
Applicant Funding Request: $
I hereby certify that the attached application represents a
component of the Operational Area consensus on terrorism
equipment needs to improve the Operational Area's capability
to respond to terrorism incidents. T.his jurisdiction agrees to
carry out its responsibilities as ~lefined in the State Domestic
Preparedness Needs Assessment and Equipment Program
Application Guidance.
Sisnature of Authorized Representative . Title Date
Cheeldist:
Cover Sheet Assurances
Budget __ Certifications (2)
Budget Detail Worksheet Signature Authority
Disclo~u, res
Page 39
Operational Area
PROGRAM NARRATIVE
NOTE: 1. Once c.ompleted, this narrative can be used for both the Needs Assessment and Equipment applications.
2. OAs may attach supporting information from local j~urisdictions, if appropriate.
PROBLEM STATEMENT
OVERVIEW OF JURISDICTIONS' CAPABILITY
EQUIPMENT PROCUREMENT PLAN
IMPLEMENTATION PLAN
Page 40
Equipment
BUDGET
How does the Operational Area (or jurisdiction) propose to use the money?
ITEM # ITEM DESCRIPTION QUANTITY UNIT TOTAL
COST
TOTAL
Equipment Budget Detail - Worksheet
Page of
JURISDICTION
Provide detail on equipment items to be purchased.
Equipment Category: __ Personal Protective __ Detection
Decontamination Communication
ITEM:
Description'.:
Discipline(s)/Quantity: (e.g. Fire/3)
Procurement Plan:
Unit Cost: Quantity: Total Cost:
Equipment Category: __ Pg..rsonal Protective Detection
Decontamination Communication
ITEM:
Description:
Discipline(s)/Quantity: (e.g. Fire/3)
Procurement Plan:
Unit Cost: Quantity: Total Cost:
State Domestic Preparedness Needs Assessment
and Equipment Program
Equipment Coordination Certification
I certify that:
Equipment acquired under this grant program will be made available under the California
Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of
the various fire, emergency medical, hazardous materials response services, and law
enforcement agencies within the jurisdiction of the applicant.
Equipment obtained with these funds is consistent with needs as identified in the Terrorism
Annex to the State's Emergency Plan, and will be deployed in conformance with that plqn.
Equipment acquired under this grant program will be made available pursuant to applicable
terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed
with persennel trained in the use of such equipment in a manner consistent with the California
Law Enforcement Mutual Aid Plan or the California Fire Service and Rescue Mutual Aid Plan.
Authorized Signature
Name
Title
Jurisdiction/Op.erational Area
Date
<~, ~ ~ Page 43
State Domestic Preparedness Needs Assessment and
Equipment Program
Equipment Application
NON-SUPPLANTING CERTIFICATION
I certi fy that a~qy funds awarded under the Fiscal Year 1999 State Domestic Preparedness Needs
Assessment and Equipment Program will be used to supplement existing funds for program
activities, and will not replace (supplant) non-federal funds.
Authorized Signature
Name
Title
Jurisdiction/Operational Area
Date
~ -~-(7 Page 44
SIGNATURE AUTHORITY
RESOLUTION NO.
BE IT RESOLVED BY THE
(Governing Body)
of that the individuals whose names, titles, and specimen
(Jurisdiction)
signatures appear below are hereby designated as Authorized Officials and are authorized to execute
for and in behalf of , a public entity established under the
(Jurisdiction)
laws of the State of California, applications and documents for the purpose of obtaining financial
assistance.
(Signature) (Typed name and title)
(Alternate Signature) (Typed. n.ame and title)
(Alternate Signature) (Typed name and title)
PASSED AND APPROVED THIS DAY OF ., 20
(Name and Title) ' (Name and Title)
(Name and. Title) Name and Title)
~c? ~ Page45
Page of
GOVERNOR'S OFFICE OF EMERGENCY SERVICES
State Domestic Preparedness Needs Assessment
and Equipment Program
EQUIPMENT
INVOICE
DATE
Original and two copies to:
Office of Emergency Services FROM:
Region Office
BILLING PERIOD: From to
TOTALCLA1M $
I hereby certify under penalty of perjury that I I hereby certify under penalty of perjury that I
am the duly qualified agent responsible for the am the duly authorized officer of the claimant
examination and settlement of Accounts of the herein; that this claim is in all respects true,
claimant herein, and that the amounts correct, and in accordance with applicable
identified have been paid by the claimant, laws, rules, and regulations; that the services
mentioned herein were actually rendered, and
that I have not violated any of the provisions of
Government Code Section 1090 t9 1096,
inclusive.
Auditor/Controller/Clerk of City, County, District, etc. (Authorized Official (as designated on Signature Resolution)
INVOICE FORM INSTRUCTIONS
To Fill in the address of the OES Regional Offic,e for your Operational Area.
The addresses are as follows:
Southern Reeion Coastal Reeion Inland Reeion
Regional Administrator Regional Administrator Regional Administrator
4671 Liberty Avenue, Bldg. 283 1300 Clay St P.O. }lox 419047
Los A lamitos, CA 90720-5158 Oakland, CA 94612 Rancho Cordova, CA 95741-9047
From This section is for you to put your Operational Area (OA) or jurisdiction
name and address. This enables us to know from whe. re the claim
originated. Without this information, it would be impod~;ible to pay your
claim.
Please note: The name of the OA or jurisdiction muss be exactly the
same as on the application agreement form in the "Payee" section.
Otherwise, our Accounting Office cannot pay the claim.
Billing period Indi.cate the month and year for the beginning of the period covered to
the eod of the perioc~ covered.
Total claim Enter the total amount of your claim for this billing period.
Signatures The form must be signed by the appropriate fiscal officer of your
jurisdiction and the at!thorized official as designated on your Signature
Authority.
Copies Make two copies for the State Office of Emergency Services and
appropriate number for your office.
Mail Mail t.he original and two copies to the appropriate OES Regional Office.
APPENDIX C
ASSURANCES AND
CERTIFICATIONS
Page 48
OMB APPROVAL NO. 1121-0140
EXPIRES: 1/3t/96
ASSURANCES
The App cant hereby assures and certifies compliance with all Federal statutes, regulations, policies, ~uidelines and requirements,
including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.g. 12372 and Un form Administrative ~equirements for Grants and
Cooperative Agreements--28 CFR, Part 66, Common Rule, that govern the application, acceptance and use of Federal funds for this
federally-assisted project. Also the Applicant assures and certifies that:
1. It possesses legal authority to appl~ for the grant; that a 10. ItwillassisttheFederalgrantoragencyindscompliancewith
resolution, motion or similar action has been duly adopted or Sect on 106 of the National Historic Preservation Act of 1966
passed as an official act of the applicant's governing body, as amended (16 USC 470), Executive Order 11593, and the
authorizing the filing of the application, including all under- Archeological and Historical Preservation Act of 1966 (16
standings and assurances contained therein, and directing USC 569a-1 et seq. by (a) consulting with the State Historic
and authorizing the person identified as theofficia~represen- Preservation Officer on the conduct of nvestgatons, as
tative of the applipant to act in connection with the application necessary, to identify properties listed in or eligible for inclu-
and to provi~Je such additional information as may be re- sion in the National Register of Historic Places that are
quired, subject to adverse effects (see 36 CFR Part 800.8) by the
activity, and notifying the Federal grantor agency of the
2. It will comply with requirements of the provisions of the existence of any such properties, and by (b) complying with
Uniform Relocation Assistance and Real Property Acquisi- ell requirements established by the Federal grantor agency to
tions Act of 1970 P.L. 91-646) which provides for fair and avoid or mitigate adverse effects upon such properties.
equitable treatment of persons displaced as a resuit'of Fed-
eral and federally-assisted programs. 11. Itwillcomply, andassurethecQmplianceofallitssubgrantees
and contractors, with the applicable provisions of Title i of the
3 ItwillcomplywithprovisionsofFederallawwhichlimitcertain Omnibus Crime Control and Safe*Streets Act of 1968, as
political activities of employees of a State or local unit of amended, the Juvenile Justice and Delinquency Prevention
government whose principal employment is in connection Act, or the Victims of Crime Act, as appropriate; the provi-
with an activity financed in whole or in part by Federal grants, signs of the current edition of the Office of Justice Programs
Financial and Administrative Guide for Grants, M7100.1; and
(5 USC 1501, et seq.) ali other applicable Fed.oral laws, orders, circulars, or regula-
4. It will compl with the minimum wage and maximum hours tigris.
provisions o~/the Federal Fair Labor Standards Act if appli-
cable. 12. It will oamply with the provisions of 28 CFR applicable to grants
and cooperative agreemen!s including Part 18, Administrative
5. It will establish safeguards to prohibit employees from using Review Procedure; Part 201.~'iminal Justice Information Sys-
tems; Part 22, Confidentialit'y of Identifiable Research and
heir positions for'a purpose that is or give the appearance of
being motivated by a desire for private gain for themselves or Statistical information; Part 23, Criminal Intelligence Systems
others, particularly !bose with whom they have family, busi- Operating Policies; Part 30, IntergovernmentalReview of De-
ness, or other ties. pertinent of Justice Programs and Activities; Part 42, Nondis-
crimination/Equal Employment Opportunity Policies and Pro-
6. It will give the sponsoring agency or the Comptroller General, cedures; Par{ 61, Procedures for Implementing the National
through any authorized representative, access to and the right Environmental Policy ACt; Part (~;3, Floodplain Management
to examine all records, books, papers, or documents related to and Wetland Protection Procedures; and Federal lawn or regu-
the grant, lotions applicable to Federal Assistance Progr.a.~s.
7. It will comply with all requirements imposed by the Federal 13. It will comply and all its contractors will comply, with the
Sponsoring agency concerning special requirements of law, nondiscrimination requirements of the Omnibus Cr me Con-
program requirements, andotheradministrativerequirements, frei and Safe Streets Act of 1968, ~s amended, 42 USC
3789(d) or Victims of Crime Act (as appropriate}; Title VI of
8. It will insure that the ,',~cilities under'its ownership, lease or the Civil Rights Act of 1964, as amended; Sect on 504 of the
supervision which shall be utilized In the accomplishment of Rehabilitation Act of 1973, as amended; Subtitle A, Ti6e II of
the proiect ere not listed in the Environmental protection the Americans With Disabilities Act (ADA) (1990); Title IX of
Agency s (EPA-list of Violating Facilities and that it will notify the Education Amendments of'1972; the Age Discrimination
Act of 1975; Department of Justice Non-Discrimination Regu-
the Federal grantor agency of the receipt of any commun?ca-
tion from the D rec or of the EPA Office of FederaI~:tivities lations, 28 CFR Part 42, Subparts C, O, E, and G; and
indicating that a fac l y o be used in the projeoi"~s under Department of Justice regulations on disability discrimina-
consideration for listing by the EPA. tion, 28 CFR Part 35 and Part 39.
9. ltwillcemplywiththefloodinsurancepurchaserequirements 14. In the.event a Eederal or State court or Federal or State
of Section 102(a) of the Flood Disaster Protection Act of administrative agency makes a finding of discrimination after
1973, Public Law 93-234, 87 Stat. 975, approved December a due process hearing on the grounds of race, color, religion,
31, 1976. Section 102(a) requires, on and after March 2, national origin,' sex, or disabihty against a recipient of funds,
1975 the purchase f. flood insurance in communities where the recipient will forward a copy of.the finding to the Office for
such insurance is'a~'~ilable as a coed f on for the receip of Civil Rights, Office of Justice PregO'ams.
any Federal financial assistance for construction or acquisi-
tion purposes for use in any area that had been identified by 15. It will provide an Equal Employment Opportunity Program if
the Secretary of the Department of Housing and Urban Devel- requ red to ma n a n one, where the a~p[[cation is for $500 000
opment as an area having special flood hazards. The phrase or more.
'Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disas- 16. It will comply with the provisions of the Coastal Barrier
tar asmstance loan or grant, or any other form of direct or Resources Act (P.L. 9~-348~dated October 19, 1982 (16 USC
indirect Federal assistance. 3501 et seq.) which prohibits°the expenditure of most new
· Federal funds within the units of the Coastal Barrier Re-
sources System.
Signature Date
U.S. DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND
OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determin.e the certification to whic. h they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Sign. ature of thi~ form provides for compliance with certification requirements under 28 CFR Part 69, 'New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpro-curement) and
Government-wide Requirement~ for Drug-Free Workplace (Grants)." The certifications shall be treated as a material
representation of fact upon which reliance will b~ placed when the DepartiTnent of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
public (Federal, State, or local) transaction or contract under a
As required by Section 1352. Title 31 of the U.S. Code, and public transaction; violation of Federal or State ant[trust statutes
implemented at 28 CFR Part 69, for persons entering into a or commission of embezzlement, tb_e.~t, forgery,
grant or cooperative ~greemenl over $100,000, as defined at bribery, falsification or destruction of records, making false
28 CFR Part 69, the applicant certifies that: statements,, or receiving stolen property;
(a) No Federal appropriated funds have been paid or will be (c) Are not presently indicted for or othenNise criminally or
paid. by or on beha f of he undersigned, to any person for in- civilly charged by a governmental entity (Federal, State, or
fluencing or attempting to infiueqce an officer or employee of any local) with commission of any of the offenses enumerated in
agency, a Member of Congress, an officer or employee of paragraph (1)(b) of this certification and
Congress, or an employee of a Member of Congress in con-
nection with the making of any Federal ~rant. the entering into (d) Have not within a three-year period preceding this a. pplica-
of any cooperative agreement, and the ey. tension, continuation, tion had one or more public transactions (Federal, State. or
renewal, amendment, or modifi~;ation of any Federal grant or local) terminated for cause or default; and
cooperative agreement; B. Where the applicant is unable to certify to ~ny of the
(b} If any funds other than Federal appropriated funds have statements in this certification, he or she shall attach an
been paid or will be paid lo any person f~)r influencing or at- explanation to this application.
tempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employ(aa of Congress, or
an employee of a Member of Congress in connection with this 3. DRUG-FREEWORKPLACE
Federal grant or cooperative agreement, the undersigned shall (GRANTEES OTHERTHAN INDIVIDUALS)
complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions; As required by the Drug-Free Workplace Act of 1988, and
(c) The undersigned shall require that the language of this car- implemented at 28 CFR Part 67, Subpart F, for grantees, as
tification be included in the award documents for all subawards defined at 28 CFR Part 67 Sections 67.615 and 67.620--
at all tiers (including subgrants, contracts under grants arid A. The applicant certifies that it wU] or will continue to provide
coopera ive agreements, and subcontracts) and that all sub- a drug-free workplace by:
recipients shall certify and disclose accordingly,
(a) Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the grantee's
2. DEBARMENT, SUSPENSION, AND OTHER workplace and specifying the actions that wi~J be taken against
RESPONSIBILITY MATTERS employees for violation of such prohibition; -
(DIRECT RECIPIENT) (b) Establishing an on-going drug-~e, awareness program to
inform empisyees about--
As required by Executive Order 12549, Debarment and
Suspension, and imple~mented at 28 CFR Part 67, for prospec- (1) The dangers of drug abuse in the workplace;
tive participants in primary covered transactions, as defined at (2') The grantee's policy of maintaining a drug-free workplace;
28 CFR Part 67, Section 67.510--
(3) Any available drug counseling, rehabilitation, and employee
A. The applicant certifies that it and its principals: assistance programs; and
(a) Are not presently debarred, suspended, proposed for debar- (4) The penalties that may be imposed upon employee.,s, for
ment, declared ineligible, sentenced to ~ denial of Federal drug abuse violation~ occurring in the workplaoe;
benefits by a State or Federal qourt, or voluntarily excluded
from covered transactions by any Federal department (c) Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the state-
or agency; ment required by paragraph (a};
(b) Have not within a three-year period [~receding this applica-
tion been convicted of or had a civil judgment rendered against (d) Notifying the employee in the statement required by para-
them for commission of fraud or a criminal offense in connec- graph (a) that, as a condition of employment under the grant,
tion with obtaining, attempting to obtain, or performing a the employee will--
OJP FORM 4061/6 13-91 ) REPLACES OJP FORMS 406112, 4061/3 AND 4061/4 WHICH ARE OBSOLETE.
(1) Abide by'the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a
violation of a criminal drug statute occurring in the workplace
no later than five calendar days after such conviction;
Check [] if there are workplaces on file that are not indenfified
(e) Notifying the agency, in writing, within 10 calendar days here.
after receiving notice under subparagraph (d)(2} from an SectioH ~?, 630 of the regulations provides that a grantee that
employee or otherwise receiving actual notice of such convic-tion, is a State may elect to make one certification in each Federal
Employers of convicted employees must provide notice, including fiscal year. A copy ot' which should be included with each ap-
position title, to: Department of Justice, Office of plication for Department ,of Justice funding. States'~nd State
Justice Programs, ATTN: Con(roi Desk, 633 Indiana Avenue. agencies may elect to u~e OJP Form 406117'. ·
N.W., Washington, D.C. 20531. Notice shall include the iden-
tification number(~) of each affected grant; Check [] if the State has elected to complete OJP Form
4061/7.
(0 Taking one of the following actions, within 30 calendar
days of receiving notice under subparagraph (d)(2), with
respect to any employee who is so convicted-- DRUG-FREE WORKPL.~(;E
(1) Taking appropriate personnel action against such an (GRANTEES WHO ARE INDIVIDUALS)
employee, up to and inclu'ding termination, consistent with the As required by the Drug-Free Workplace Act of 1988, and
requirements of the Rehabilitation Act of 1973, as amended; or implemented at 28 CFR Part 6T, Subpart F, for grantees, as
(2) Requiring such employee to participate satisfactorily in a defined at 28 CFR Part 67; Sections 67.615 and 67.620--
drug abuse assistance or rehabilitation program approved for A. As a condition of the grant. I certify that I will not engage
such purposes by a Federal, State, or local health, law enforce- in the unlawful manufacture, distribution, dispensing, posses-
ment, or other appropriate agency; sion, or use of a controlled substance in conducting any
(g} Making a good faith effort to continue to maintain a drug- activity with the grant; and
free workplace through implementation of paragraphs (a), (b), B. If convicted of a criminal drug offense resulting from a
(c), (d), (e), and (~. violation occurring during the conduct of any grant activity, I
B. The grantee may insert in the space provi{Jed below the will report the conviction, in writing, within 10 calendar days
site(s) for the performance of work done in connection with of the conviction, to: Department of Justice, Office of Justice
Programs, ATTN: Control Desk. 633 Indiaha Avenue, N.W.
the specific grant: Washington, D.C. 20531.
Ptace of Performance (Street address, city, county, state, zip
code)
As the duly authorized representative of the applicant, I hereby cerfi~ that the applicant will cOmply with the above certifications.
1. Grantee Nam~ ahd Address:
Application Number and/or Project Name 3. Grantee IRS/Vendor Number
4. Typed Name and Title of Authorized Representative
5. Signature 6. Date
Disclosure of Lobbying Activities ~pp~ovad =y ou8 03~-oo46
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reve.,se side for Instructions.)
[] ~i contract a. Initial filing
grant ~ aL bid/offer/application
b. initial award r'~ b. rhaterial change
Prime ~ Sub~wardee Tier , it known: prime:
Congrassio?al District, if k~, own: Congre&~ooal DL~trlct. if k/lown:
6. Federal Department/Agency: 7. Federal program NamelDe~c~'lptl~l:
CFDA N4~mber. if applicable:
11. Informaiion requested through this form is authorized by Sec.319,
Pub. L. 101-121. 103 Stat. 750. as amended bysec. 10; Pub. L. 104-
Signature:
65, Stat. 700 (31 U.S.C,"i 352). Thio disclosure of lobbying activities
is a material representation of fact upon which reliance was placed
by the above when this transaction was made or entered into. This Print Name:
disclosure is required pursuant to 31 U.S.C. 1352. This information
will be reported to the Congress semiannually and will be available
for public inspection. Any person who fails to file the required Tille:
disclosure shall be subject to advil penalty of not less than $10,000
and net more than $100,000 for each such failure. Teleph~a No.: Sate:
Instructions for Completion of SF-LLL, Disclosure Of Lobbylrtg Activities
This disclosur~ form shaJl be.completed by the reporting entity, v~hether subawardee or prime Federal recipient, at the initiation or receipt of a
covered Federal action, or a i~aterial change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each
payment or agreement to make payment to any lobbying ~ntity for Influencing or attempting to ~fluance an officer or employee of any agency,
a Memt3er of Cong?ess, an officer or employee of Congress. or any employee of a Member of Congress in connection with a covered Federal
action. Complete ail items that apply for both the initial filing and material change report. Refer to the implementing ~uidance published by the
Office of Management and Budget for additionaJ information.
1.1dentifythetypeof covered Fed'er'alactionforWhlch Iobbyingactivity 7. Enter the Federal program name or description for the covered
is and/or has been secur/~d to Influence the outcome of a covered Federat action (item 1). If Imown, enter the full Catalqg of Federal
Federal action. Domestic Assistance (CFDA} number for grants, cooperative agree-
2. Identity the status of fha covered Federal action, ments, loans, and loan commitmeqts,
3. Identify the appropriate classification of this report. If this is a 8. Enterthe most appropriate Federalide~ify~ng number availablefor
tolrowup report caused by a material change to the information theFederalectlcoidentifiediniteml(e.g,,RequestforProposat(RFP}
previously reported, enter the year and quarter in which the change number;Invitation for Bicl (IFB)number;grant announcement number;
occurred. Enter the dateof the[ast previously submitted report bythis the contract, grant, or loan award number; the application proposal
reporting entity for this covered Federal action, control number assigned by the Federal agency). Include prefixes,
e.g., 'RFP-DE-90-001.'
4. Enter the full name, address, city, state and zip code of the reporting
entity. Include Congressional District, if known. Checkthe appropriate 9.For a covered Federal action where there has been an award or teen
classification of the reporting entity that designates it if is, or expects commith~ant by th*e Federal a~ency, enter the Federal amount of the
lobe, aprime or subaward recipient. Identitythetier of the subawardee, award/~oan commitment for the prime entity Identified in item 4 or 5.
e.g., the first subawardee of the pdme is the 1st tier. Subawards inctude 10. (a) Enter the full name, address, ~y, state a~d zip cede of the
but are net limited to subcontracts, subgrants and contract awards registrant under the Lobby'lng Disclosure Act of* 1995 engaged bythe
under grants, reporting entity identified in item 4 to influence the covered Federal
5.If the organization filing the report in item 4 checks 'Sub.awardee", action.
then enter the full name, address, city, state and zip code of the prime (b) Enter the full names of the indi'~idual(s) per/orming services, and
Federal recipient, Include Congressional District, it known, include full address it different from 10 ~:a). Enter Last Name, I~rst
6. Enter the flame of the Federal agency making the award or lean Name, and Middle Initial (MI).
commitment. Include at least one organizational level below agency 11. The certifying official shall sign and date the form, pdnt his/her
name, it known. For example, Department of Transpor~ation, United name, title, and telaphone number.
States Coast Guard.
AuthoriZed for Local ReproducUon
S~dard FormA.LL (1/96)
APPENDIX D
NEEDS ASSESSMENT
FUNDING ALLOCATION
CHART
I/1/00 Base Estimated Per EstimatedTotal
Operational Area I'~rulatiou Amount Capita Amount 1999 Dollars
OES'SOUTHERN REGION
Mutual ~4ic? Re~ion gl
LOs An[~eles 9,884,200 5,000 ' 85,784 90,784
0range 2,828,300 5~000 24,546 29,546
San Luis'Obispo 245,200 5,000 2,128 7,128
Santa Barbara 414,200 5,000 3,595 8,595
Ve~tui'a 756,500 5,000 6,566 I 1~566
Mtttual Aid Region
Imperial 145,300 5,000 1,261 I 6,261
Mono 10,900 5,000 95 I 5,095
Riverside 1,522,900 5,000 13,217: 18,217
San Beruardino 1,689,600 5,000 14,664 19,664
San Dielco 2,911,500 5,000 25,269 30,269
Inyo 18,200 5,000 158' 5,158
OES COASTAL REGION
Mutual Aid R.e~ion #2
Alameda 1,454,300 5,000 12,622 17,622
Contra Costa 930,000 5,000 8,071 ' ;13,071
Del Notre 28,000 5,000 243 5,243
Humboldt 127,600 5,000 1,107 6,107
Lake 55,700 5,0001 483 5,483
Matin ' 549.700 5,0001 2,167 7,167
Mendocino 87,600 5,0001 760 5,760
Monterey 399,300 ! 5,0012 3,465 8,465
Napa 127,000: 5,0013 1,102 6,102
San Benito 49,800 ~ 5,0013 432 5,432
Sa~ Francisco 801,400 i 5,0013 6,955 11,955
San Mateo 730,000 5,000 6,336 11336
Santa Clara 1.736,700 5,00(1 15,073 20,073
Santa Cruz 254,900 5,00(1 2,212' ': 7,212
Solano 399.000 5,00(1 3,463 8,463
.gonoma 450,100 5,0,00 3,906 8,906
I/I/00 Base Estimated Per Estimated Total
Operational Area Population Amount Capita Amount 1999 Dollars
OES INLAND REGION
Mutual Aid Region #3
Butte 204,000 .5,000 ,. 1.770 6,77,0
Colusa 18,750 5,000 .. 163i 5,~63,
Glenn 27,100 5,000 . 235 5,235
Lassen 33,950 5,000 295 5,295
Mt~doc 9,800 5,000 85 5,085
Plumas 20,3-59 5,000 ',. i 77 5,177
Shasta 167,000 5,000 1,449 .6,449
Sierra 3,140 5,000 ...2.7 .. 5 027
Siskiyou 44,200 5,000 384 5384
Sutter 77,900 5,000 676 5,676
Tehama 56 200 5,000 488 5 488
Trinity , % 13,050 5,000 113 ! 5,113
Yuba 60.700 5,000 527 5,527
Mutual Ai~ Region g4
Alpine 1.190 5,000 10 5,010
Amador 34,400 5,000 299 . ~ ,, 5,299
Calaveras 38.500 5,000 334 5,334
El Dorado 152,900 5,00( 1,327 6,327
Nevada 91,100 5,000. 791 57791
Placer 234 400 5,00,0, ~. . 2,034 7,034
Sacramento 1,209 500 5 0,0~ 10,497 15~497
San.Joaquin 566 600 5,000 4,917 ~,917
St. anislaus 441,400 5 000 ..3,831 8,83~
Tuolumne 53,000 5~000 .-460 5,460
Yolo 162,900 5,000 1,414 6,414
Mt~itl~tl Aid Region #5
Fresno 805,000 5,000 6,986 11,986
K~rn 658,900 5,000 ,.~5~ 19 10,719
Kinl~s 131,200 5,000 1,139 6,139
Madera 117,100 5,000 1,016 . 6~016
.Mariposa 16,150 5,000 140 5,140
.Merced 210,100 5,000 1,823 6,823
Tulare 367,900 5,000 3,1.93 8.~193
GRAND TOTALS: 34,336,280 290,000 298,000 588,000
Page 56
APPENDIX E
EQUIPMENT FUNDING
ALLOCATION CHART
111100 Base Estimated Per Estimated Total
Operational Area I'opulatio. Amount Capita Amount 1999 Dollars
OES SOUTHERN REGION
Mutual .4id Region #1
Los Angeles 4,567,300 25,000 479,690 504,690
Orange 1,981,100 25,000 208,069 233,069
San Luis Obispo 245,200 25,000 25,753 50,753
Santa Barbara 414,200 25,000 43,502 68.502
Ventura 662,900 25,000 69,622 94,622
Mutual Aid Region ~6
lmperial ' ¥45,300 25,000 15,260 40,260
Mono 10,900 25,000 1,145 26,145
Riverside 1,121,500 25,000 117,788 142.788
San Bernard[no 1,396,900 25,000 146,712 171,712
San Diego I, [65,000 25,000 122,357 147.357
Inyo 18,200 25,000 1,911 26,911
OES COASTAL REGION
Mutual Aid Region #2
Alameda 917,400 25,000 "96,352 121.352
Contra Costa '/51,400 25,000 78.917 103,917
· Del Norte 28,000 25,000 2,941 27,941
Humboldt ' 127,600 25,000 13,401 38,401
Lake ' ': 55,700 25,000 5.850 30,850
Marin 249,700 25,000 26,225 51,225
Mendocino 87,600 25,000 9,200 34,200
Monter~e¥ 399,300 25,000 41,937 66~937
Napa [27,000 25,000 13,338 38,338
San Ben[to : 49,800 25.000 5,230 30,230
San Francisco 0
San M,ateo 663,200 25,000 69,654 94,654
Santa Clam 707,900 25,000 74,349 99,349
Santa Cruz 254,900 25,000 26,771 51,771
Solano '399,000 25;000 41,906 66,906
Sonon,~ 450.100 25,000 47,273 72;273
~o~
III/011 Base Estimated Per Estimated TOtal
~, Operational Area Pop.latio. Amount Capita Amount 1999 Dollars
OES INLAND REGION
Mutual Aid Region #3
Butte 204,000 25,0012 21,426 46,426
Colusa 18,750 25,0012 1,969 26,969
Glenn 27.100 25,0012 2,846 ,27,846
Lassen 33.950 25,0012 3,566 28,566
Modoc ' x 9,800 25,00C 1,029 26,029
Plumas 20,350 25,00C 2,137 27,137
Shasta 167,000 25,0012 17,540 42,540
Sierra 3,140 25,0012 330 25,330
Siskiyou 44.200 25.0012 4,642 :, 29,642
Surfer 77,900 25,0012 8,182 .:' ~ 33,182
Tehama 56,200 25,0012 5,903 30,903
Trinit7 13,050 25,0012 1,371 26,371
Yuba 60,700 25,0013 6,375 31.375
Mutual A'id Region PM
Alpine t,190 25,00~ 125 25,125 j
Amador 34,400 25,00(~ 3,613 28,613
Calavems 38,500 25,00(] 4,044 29,044
El Dorado 152,900 I 25,000 16,059 41,059
Nevada 91,100 25,000 9,568 34,568
Placer 234,400 25,000 24,618 49,618
Sacramento 160,800 25,000 1.6,888 41,888
San Joaquin 435,200 25,000 45,708 70,708
StanislaUs 441,400 25,000 46,359 71,359
Tuolumne 53,000 25,000 5,566 30,566
Yolo 162,900 25,000 17~109 r 42,109
Mutual Aid Region #5 ,.
Fresno · .. 208,000 25,000 21,846 46,846
Kern 385,100 25,000 40,446 65,446
Kings 131.200 25,000 13,780 38,780
Madera 117,100 25,000 12,299 37,299
Mariposa 16,150 25,000 1,696 26,696
Merced 210,100 25,000 22,066 ..:, 47,066
Tulare 367,900 25.000 38,639 63,639
GRAND TOTALS: 20,974,580 1.425,000 .., 2,202,900 3,627,900
Page 59
APPENDIX F
Fiscal Year 1999
AUTHORIZED EQUIPMENT
PURCHASE LIST
Fiscal Year 1999
AUTHORIZED EQUIPMENT PURCHASE LIST
The authorized equipment purchase list was derived from the Standardized Equipment List (SEL),
which was developed by the Interagency Board (lAB) for Equipment Standardization and
Interoperability. IAB compiled the SEL on behalf of the National Domestic Preparedness Office
(NDPO) to determine what types of equipment are available to terrorist-incident emergency
response teams. Because the SEL contains lists of general-use and support equipment, an authorized
purchase list was derived from the SEL to identify specific types of equipment in four limited
categories that are authorized for purchase under the OJP Fiscal Year 1999 State Domestic
Preparedness Equipment Program. The categories of equipment are personal protective, detection,
decontamination, and communications. A cross-section of officials representing the Public Health
Service (PHS), the Federal .Emergency Management Agency (FEMA), the U.S. Department of
Energy (DOE), the U.S. Department of Justice (OJP and FBI), and State and local hazardous
materials experts assisted by identifying unallowable equipment purchases and developing an
allowable~authorized equipment purchase list.
Using the budget worksheets in Appendix B, please list your equipment purchase requests for fiscal
year 1999. Authorized equipment purchases may be made in the following categories:
1. Personal Protective Equipment (PPE).
2. Chemical, Biological, or Radiological Detection Equipment.
3. Clm. mical, Biological, or Radiological Decontamination Equipment.
4. Communications Equipment.
I. Personal Protective Equipment. Equipment that is worn to protect th.~ individual from
hazardous materials and contamination. Protection may vary and is divided into four levels
based on the degree of protection afforded.
Level A. Selected when the greatest level of skin, respiratory, and eye protectior! is required.
The following items constitute Level A equipment for consideration:
Reusable or limited-use fully encapsulated chemical resistant suit ensemble
· Butyl hoods and gloves
· Reusable fully encapsulated training suits
· Testing equipment for fully encapsu!ated suits
· Closed circuit rebreather* or open circuit self-contained breathing apparatus (SCBA) or,
when ap. propriate, Supplied Air Breathing Apparatus (SABA)
* Due to cost and utility of closed circuit rebreathers, a full and complete justification must be
provided to obtain approval to purchase the equipment.
· Spare cylinders for rebreathers or SCBA and service/repair kfts
· Chemical resistant gloves, including thermal, as appropriate to hazard
· Personal Cooling System; vest or full suit with support equipment
· Chemical Resistant Boots; steel or fiberglass toe and shank
· Two-Way Local In-Suit Communications
· Personnel Accountability System to alert for downed personnel (specific to SCBA use only)
· HAZMAT gear bag
Level B. Should be used when the highest level of respiratory protection is necessary but a lesser
level of skin protection is required. The following constitute Level B equipment and should be
considered for use:
· Hooded Chemical Resistant Clothing or Full Coverage Level B Suits
· Butyl hoods and gloves
· Closed circuit rebreather* or open circuit SCBA or, when appropriate, SABA
· Spare cylinders for rebreathers, SCBA, or SABA, and service/repair kits
Chemical resistant gloves, including thermal, as appropriate to hazard
Personal Cooling System; vest or full suit with support equipment
· Chemical Resistant Boots; steel or fiberglass toe and shank
· HAZMAT gear bag
*Due to cost and utility of closed cimuit rebreathers, a full and complete justification must be
provided to obtain approval to pumhase the equipment.
Level C. ShoUld be used when the concentration(s) and type(s) of airborne substances are known
and the criteria for using air-purifying respirators are met. The following constitute Level C
equipment and should be considered for use:
· Hooded Chemical Resistant Clothing
· Butyl hood and gloves
· Full Face Air Purifying Respirators with appropriate cartridges or positive pressure finits
(Powered Air Purifying-PAPR)
· Personal Cooling System; vest or full suit with support equipment
· Chemical Resistant Boots; steel or fiberglass toe and shank
HAZMAT gear bag
· Emergency Escape Breathing Apparatus (EEBA) 10 minutes or longer
Level D. Selected w~qen no respiratory protection and minimal skin protection is required, the
atmosphere contains no known hazard, and work functions preclude splashes, immer.s, io!a, or the
potential for unexpected inhalation of, or contact with, hazardous levels of any chemicals.
· Escape mask for self, rescue
Note: During WMD response operations, the incident commander determines the appropriate level
of personal protective equipment. As a guide, Levels A, B, and C are applicable for chemically,
biologically, and radiologically contaminated environments. Personnel entering protective postures
must undergo medical monitoring prior to and after entry.
2. Chemical, Biological, or Radiologlcal Detection Equipment. Equipment to monitor, sample,
identify, and observe chemical, biological, or radiological contamination throughout the area or
at specific points, and those items to support detection activities.
Chemical and Radiological · M-§ Detection Paper for Chemical Agent (weapons-grade) detection
· M-9 Detection Paper (roll) for Chemical Agent (weapons-grade) detection
· M-256 Detection Kit for Chemical Agent (weapons-grade-blister: CX/HD/L; blood: AC/CK;
and nerve: GBNX) d. etection
· M-256 training kit
· Hazard Categorizing (HAZCAT) Kit
Point Chemical Agent Detector and Alarm
· Stand-Off Chemical Detector, FTIR(infrared)
· Handheld Chemical Agent Monitor with training set
· Container Sample Transfer/Small Infectious Substance
· Air and Liquid Detector Tube System
· Colormetric tube/chip kit with additional tubes/chips
· Multigas meter
· Combustible gas indicator
· Photoionization Detector (PID)
· Flame Ionization Detector (FID)
· Field Deployable Gas Chromatography/Mass Spectrometer (GC/MS)*
· Radiation-monitoring equipment (pancake probes and gigometer tube.s)
· Electronic Radiation Detection
· Radiologic/fl dosage meter such as self-reading dosimeters, chargers, and film badges
· Pesticide-screening kit
· Gas Chromotographic/Mqss Spectrometers are extremely expensive to purchase, require
highly trained technicians to operate, and -are difficult and costly to maintain.
Biological · Spocific BioimmunoassayTest Kit
· Biological Sampling Kit with Aerosol Collector
~ -(0¢ ?age 63
3. Chemical, Biological, or Radiological Decontamination Equipment. Equipment and
material used to clean, remediate, remove, or mitigate chemical or biologica!:ieontamination.
. DOE possesses geographically dispersed capabilities to handle nuclear or radiological
contamination.
Chemical
M-295 individual decontamination kit for chemical warfare agents
· Decontamination system for individual and mass application: Decontamination system Supplies
Water Bladder, Decontamination Shower Waste Collection
Trailer, Multiwater Source, and Prime Mover (must be appropriate for tier-level
response of Tier Three level or Tier Four level only)*
Emergency Decontamination Shelters
· ReusablO Decontamination Litters/Roller Systems
· Reusable Extraction Litters, rollable
· Colored/nonviewable cadaver bags (CDC standard/nonpermeable and NBC Compatible)
· Transporta. tion and shipping coi~tainers for contaminated clothing and equipment (requires
justification for tier-level use)
· Grant fund~ nlay be used to purchase medical pharmaceuticals indicated with asterisks for
personal protective equipment for first responders. Grantees are responsible for replenishing items
after shelf-life expiration date(s).
Biological
· High Efficiency Particulate Attractor (HEPA) dry decontamination'vacuum
Medical -Purchases authorized for use in decontam{nation operations: · 2Para Chloride*
· Atropine 2mg/ml, 25ml vial*
· Atropine Auto Injector*
· CANA Auto Injectors*
· Autovent 3000 pediatric and adult multigang/portOxylator/ventilators
· Adult, child, and infant masks
· Nasopharyngeal Airway 4, 5, 6, 7, and 8mm
· Oropharyngeal Airway 50, 60, 70, 80, 90, and 100mm
· Oxygen Cylinder Super D
· Oxygen Mask with Tubing
· Oxygen Tank Regulator
· Grant funds may be used to purchase medical pharmaceuticals indicated with asterisks for
personal protective equipment for first responders. Grantees are responsible for replenishing items
after shelf-life expiration date(s).
Page 64
4. Communications Equipment. Equipment and systems providing connectivity an.d electrical
interoperability between local and interagency organizations to coordinate WMD response
operations.
· Multichannel (UHFNHF) encrypted radios with chargers and two extra batteries and
accessories and Trickle chargers with field programming capability.
· In-suit or hand-held communication systems for long-range/two-way, encrypted, voice,
video, and data trans~2n, ission, capable of cross-band repeat
· Computer systems designated for use in an integrated system to assist with detection and
communication efforts*
· Personnel Accountability System to alert for downed personnel (specific to SCBA use only)
* Stand-alone general-use laptops, printers, CD-ROMS, etc., are not allowable. Allowable computer
systems must be linked with integrated software packages designed specifically for chemical and/or
biological agent detection and commt~nication purposes.
Page 65
APPENDIX G
FEDERAL CONTRACT
CONTACTS
FEDERAL CONTRACT CONTACTS
U-S. DepaL ta,eltt Of Justice
Office of Justice Programs
Office for State and Local Domestic Pre. pargdness Support
OSLDPS Information Bulletin
No. 00-13 August 23, 2000
TO: AH State AdrniBi~Ixative Agency Heads
All State Admi~.'strative Agency Points of Contact
FROM: C.H. Stmub, II
Director
SUBJECT: Defense Logi.cfics Agency (DLA) Equipment Purchase Agreement for Offic~ of
Jubilee Programs (OYP) State and Local Domestic Preparedness Equipment Grant
Recipients
Under a signed agreement between the DLA Defense Supply Center Philadelp..~.a (DSCP) and
OJP's Office for State and Local Domestic Prepatedues$ Support (OSLDPS), state and local
jurisdictions that~have or will receive OJP equipment fuading through OJP's State mad Local
Domestic Pmpaxexiness Equipmeut Support Program may utilize DSCP prime vendom to
expedite domestic ptepa~dness equipment purchases for their jurisdictions. To take advantage
of this special program, stnte ,aFtd focal jurisdictions are encouraged to contact DSCP directly to
establish an account with a firb fighting prime vendor representing your region, and to further
familiarize your agency with the purchasing process. To contact DSCP about establishing an
account, please call Bi. It Litz at (215) 737-4452, or Steve D'Agostino at (215) 737-2475.
A fact sheet explaining this program in greater detail will be provided to all OJP grantee~ as soon
as possible. In the meantime, ~fyou ne~l to discuss this program with OSLDPS staff, feel free to
call citller Frank Lepag¢ or Bob lohus who can be reached at (202) 305-9887.
Page 67
APPENDIX H
DEFINITIONS
DEFINITIONS
ADMINISTRATIVE REQUIREMENTS - Those matters related to grants in general, such as
financial m.anagement types and frequency of reports, and retention of records. These are
distinguished from "progra~.matic" requirements that concern matters that can be treated only on a
program-by-program or grant-by grant basis, such as kinds of activities that can be supported by
grants under a particular program.
ANNUAL SUBMISSION - A sub-grant application package consisting of various certifications and
assurances, fiscal displays and a detailed workplan. The final approved Annual Submission is a sub-
grant between Governor's Office of Emergency Services and Program Participant.
AUTHORIZED OFFICIAL - An official designated in the local jurisdiction's Signature
Resolution as authorized to execute documents under the Federal Civil Defense Act of 1960 as
amended.
EMERGENCY PROGRAM MANAGER (EPM) - The position in which authority is vested for
everyday direction, supervision, and administration of the applicant's total emergency services
program in column one o'f FEMA Form 85-17. This position must have d. irect l(ne of
communication and reporting authority with the responsible officials of the goveiming body
designated in the Emergency Services or Civil Defense Ordinance.
FUNCTIONAL TITLE - Day-to-day working title
MUTUAL AID REGIONAL ADVISORY COMMITTEE (MARAC) - Six regional committees
set up to advise and oversee the SEMS process in each Mutual Aid Region. Membership is
composed of representatives from each Operational Area, Mutual Aid System, private and public
utilities and special districts, and chaired by the OES Regional Administrators.
OES REGIONAL ADMINISTRATIVE OFFICE - OES has three Regional'Emergency
Operations Ceatcrs (REOCs) that are collocated With the Regional Administrative offices in Los
Alamitos, Oakland, and Sacramento, representing the Governor's Office of Emergency Services.
The offices provide assistance to local governments in all aspects of emergency preparedness and
will be utilized to oversee participant compliance pertaining to programmatic requirements.
OPERATIONAL AREA - Under SEMS, the Operational Area (OA) means an intermediate level
of the state;s emergency services organization that encompasses the county, all political subdivisions
and special districts located within the geographical boundaries of the county. The OA manages
and/or coordinates information, resources, and priorities among local govermnen~ts within the OA,
and services as the coordination and communication link between the local government level and the
regional level.
Page 69
PLANNING AND TECHNOLOGICAL BRANCH (PTAB) -The branch of trio Governor's
Office of Emergency Services under Emergency Operations, Planning and Training Division, that
oversees the Nuclear Power Preparedness, Hazardous Materials and Dam Safety programs as well as
emergency planning and preparedness for the state.
PLANNING SECTION - The section of the Governor's Office of Emergency Services, Planning
and Technological Assistance Branch; that oversees participants' compliance with administrative
requirements and processes reimbursement claims.
PROGRAM PARTICIPANT - An Operational Area that receives Program funds directly from the
Office of Emergency Services.
SEMS - The Standardized Emergency Management System is required by Government
Code 8607 for managing response to multi-agency and multi-jurisdiction emergencies in California.
SEMS consists of five organizational levels which are activated as necessary: Field Response, Local
Government, Operational Area, Region, and State; and five functions: Management, Operations,
Planning/Intelligerlce, Logistics and Administration/Finance. SEMS incorporates the use of the
Incident Command System (ICS), the Master Mutual Aid Agreement, existing mutual aid systems,
the Operational Area concept, and multi-agency or interagency coordination. Local governments
must use SEMS to be eligible for funding of their personnel related costs under state disaster
assistance programs.
SUBGRANT - An award of financial assistance made under a grantee to an eligible subgrantee.
The term includes financial assistance when provided by contractual legal agreement, but does not
include procurement purchases, not does it include any form of technical assistance which provides
services instead of money, or other assistance in the form of revenue sharing, loans, loan guarantees,
interest subsidies, insurance, or direct appropriations. Also, the term does not include assistance,
such as a fellowship or other lump sum award, for which the grantee need not account.
TERMINATION - Permanent withdrawal of the authority to obligate previously awarded grant
funds before that authority would otherwise expire. It also means th~ voluntary relinquishment of
that authority by the subgrantee. "Termination" does not include: (1) withdrawal of funds awarded
on the basis of the subgrantee's underestimate of the unobligated balance of a prior period; (2)
withdrawal of the unobligated balance at the expiration of a subgrant; (3) refusal to extend a
subgrant or award additional funds, to make a competing or noncompeting continuation, renewal,
extension, or supplemental award; or (4) voiding of a subgrant upon determination that the award
was obtained fraudulently, or was otherwise illegal or invalid from inception.
Page 70
APPENDIX I
Fiscal Year 1999
EQUIPMENT PRICE LIST
Page 71
Fiscal Year 1999
EQUIPMENT PRICE LIST
E_E_q_g[p meat Item Grou~ Unit
~ CIB/R Iow high...
Level A Suit $700 ' $1,200 ea
Neoprene/PVC Hood $250 ea
Butyl G~oves $20 pr
Level A Training Suit $150 $350 ea
Level A Test Kit $1,000 kit
SCBA 30 Minute Bottle $2,500 $3,700 ea
SCBA 60 Minute Bottle $4,000 $4,300 ea
SCBA Spare Bottle; 30 Minute $800 ea
SCBA Spare Bottle; 60 Minute $1,500 ea
Chemical Resis{~nt Gloves $20 $150 Dr
Personal Cooling System $300 ea
Chemical Boots $85 pr
In-Suit Communications $2,000 $3,500 unit
Pass System $;I 50 ea
HAZMAT Gear Bag $50 $200 ea
Level B Suit $55 $325 ea
Level C Hooded Suit $15 $135 ea
Full Face APR $170 $340 ea
APR Cartridges ~' $6 $70 ea
PAPR $570 , $750 ea
Escape Breathing Apparatus (EEBA) $480 $530 ea
Escape Mask $180 $530 ea
M-8 Paper $40 .... ; ~ bx
M-9 Paper $40 bx
VI-256 Detection Kit $500 byJ10
VI-256 Training Kit $200 ea
HAZCAT Kit $750 $1,500 ea
Stand. Off Chemical Detector (FTIR) $8,000 ea
Chemical Agent Monitor; w/training set ' $8,500 ea
;ontainer Sample Transfer-small infectiuous substance $25 $1001 ea
Air and Liquid Detector Tube SYStem $1,2001 $3,3001 ea
Colormetric Tub~/Chip Kit $1,500 i kit
Colormetric Tu5~S $55: $150! ea
Colormetric Chips $60 $175 ea
Multigas Meter $3,000 $4,500 i ea
CGI $2,70,0 $3,500 ea
PID $4,'i'00 $4,700! ea
FID " $4,300; $5,000 i ea
Gas Chromatograph (GC) $85,000; $115,0001 ea
Mass Spectrometer (MS) $85,000 $115,000 i ea
Radiation Meters $590i $1,200i ea
Dosimeters / Film Badge $180 $4601 ea
Pesticide-Screening Kit $5001 by J10 kits
~ment Item Group Unit
· .. C/B/R Iow 'llig h
Decon SuppJies (wands, pools, brushes) $5 $130 ea
Decon Shower / Waste Collection $500 $1,200 unit
Emergency Decon Shelters $1,500 $3,400 ea
Reu§able Decon Litters / Rollers System $275 $2,500 ea
Reusable Extraction Lifters / Rollable $275 $2,500 ea
Waste Containers For Contaminated Clothing $50 $525 ea
PAM Chlodde $10 $20 ea
Atropine Auto Injector $10 $25 ea
Atropine 2mg/ml, 25,ml vial $50 $75 ea
CANA Auto Injector" $10 $25 ea
Autovent 3000 $1,700 $2,600 ea
BLS trauma kit $275 $500 ea
Bag Valve Masks $15 $40 ea
NasopharyngealAirway $21 ,,, $45 ea
Orophawngeal Airway $15 $35 ea
02 Cylinder $75 $100 ea
02 Mask $20 $30 ea
02 Regulator $100 $I§0, ea
Butyl Gloves $30 pr I 5 $150
Chemical Boots $85 pr [ 5 $425
Level "B" all-purpose suit $150 ea 5 $750
Decon Supplies (Wands, pools, brushes) $100 1 $100
Chemical ^gent Monitor (APD) $8,500 ea 1 $8,500
RAD Detection $600 kit 1 $600
Smart lickets $100 pack 1 $100
Butyl Gloves $30 pr 5 $150
Level "B" ali-purpose suit $55 ea 5 $275
SCBA $;~,500 ea 1 $2,500
Page 73
Description Quanitity Unit Unit Cost Expended
Cost
Level "A" ali-purpose suit 40 $1,000 $40,000
Level "B" ali-purpose suit 40 ....... $_6_0_0_$24,000
Level "C" all-purpose suit 40 ....... $_5_0_0_$20,000
M-8 Detection Paper 20 bx ....... $_1.0_0_$2,000
M-9 Detection Paper 20 bx ' _ ...... $_1.0_0_ .... $__2,_0_0_0_
M-256 Detection Paper 20 bx ....... $_1.0_0_.... _$_2,_0_0_0_
Stand Off FTIR 6 ..... .$.2.,0_0_0_ .-- _$_1_2,-0_0_0_
APD 2000 6 ..... _$_7_,5_0_0- $45,000
Air Liquid Detector 6 ..... -$_1.,5..0Q $9,000
Smart Tickets 20 .... ~- _$_1.0_0_ .... $__2,-0_0_0_
Pesticide Screening I 6 $250 .... _$1 ,_5_0_0_
Mode Decon Shelters i 6 ;~ ~ ~ ;-$-5_-~_0-- $3,300
Zumro Decon Shelters 2 ..... -$.1_,6_0_0_ $3,000
ExtraFtion Liters ~ 8 ....... _$2_5-0_$2,000
Shower WaSte Collection 4 $180 $720
Page 74
3
ATTACHMENT 2
Equipment
BUDGET
How does the Operational Area (or jurisdiction) propose to use the money?
ITEM # ITEM DESCRIPTION QUANTITY UNIT TOTAL
COST
1 ISG K90 Talisman Thermal Imaging Sys. 1 $ 22. I00 $ 22.
2 MSA Ultralite ~ (SCBA) 10 $ 2,951.0, $ 31,8C
3 EMS Jacket 80 '$ 357.00 $
I
4 Globe Turnout Coat 20 I$ 510.50 $ 11.000
5 Globe Turnout Pant 20 $ 322.00 $
6 Warringtom Pro 4000 Turnout Boot 80 $ 240.00 $ 20,700
Shipping $ 1,000 $ 1,00O
I'
I
TOTAL $ 124,40 .00
Equipment Budget Detail - Worksheet
Page 1 of 3
Chula Vista Fire Department
JURiSDICTION
Provide detail on equipment items to be purchased.
Equipment Category: X Personal Protective __ Detection
Decontamination Communication
ITEM:
Warrington Pro 4000 Leather Turnout Boot
Description{.:
See attached paperwork
Discipline(s)/Quantity: (e.g. Fire/3)
This can and will be use by Fire, Police and EMS
Procurement Plan:
This product will be bought from Fire Etc. located at
266 Eleventh Ave. San Diego~ CA. 92101-7411
Unit Cost: Quantity: Total Cost:
$230 80 $ 20,700
Equipment Category.: X P~.rsonal Protective __ Detection
Decontamination Communication
ITEM:
Globe Turnout Coat
Description:
Standard fire fighting turnout coat designed as per San Diego County
Fire Equpment Committee Specifications
Discipline(s)/Quantity: (e.g. Fire/3)
Will be used by Fire and Police
Procurement Plan:
The 'product w±ll be bought from LN Curt±s and Sons
Unit Cost: Quantity: Total Cost:
$510.50 20 $ 11,000
Equipment Budget Detail - Worksheet
Page 2 of 3
Chula Vista Fire Department
JURISDICTION
Provide detail on equipment items to be purchased.
Equipment Category: X Personal Protective Detection
Decontamination Cummunication
ITEM:
Globe Turnout Pants
Descriptioh'.:
Standard fire fighting turnout pant designed as per San Diego County
Fire Equipment Committee Specifications
Discipline(s)/Quantity: (e.g. Fire/3)
Will be used by Fire and Police
Procurement Plan:
The product will be bought from LN Curtis and Sons
Unit Cost: Quantity: Total Cost:
$322 20 $ 7~000
Equipment Category.: X P~.rsooal Protective __ Detection
Decontamination Communication
ITEM: m~s Jackets
Description:
See attached paperwork
Discipline(s)/Quantity: (e.g. Fire/3)
This product will be used by Fire and EMS Personnel
Procurement Plan:
The product will be bought from Richochet Manufacturing Company, INC.
Unit Cost: Quantity: Total Cost:
~57 so $ 30,soo
Equipment Budget Detail - Worksheet
Page 3 of 3
Chula Vista Fire Department
JURISDICTION
Provide detail on equipment items to be purchased.
Equipment Category: X Personal Protective Detection
Decontamination Communication
ITEM',~sA Ultrlite MMR (SCBA)
Descriptiofi.:
It is a standard Breathing Apparatus used in fire fighting
Discipline(s)/Quantity: (e.g. Fire~)
The units will be used by Fire, Police and EMS
Procurement Plan:
The product will be bought from Special T Fire Equipment
Unit Cost: Quantity: Total Cost:
$2951 10 $ 31,800
Equipment Category: __ P~:Fsonal Protective X Detection
Decontamination Communication
ITEM:
ISG Kg0 Talisman Thermal Imaging System
Description:
See at~ached paperwork
Discipline(s)/Quantity: (e.g. Fire/3)
The item will be use by Fire and Police
Procurement Plan:
The product will be bought from ISG Thermal Systems
Unit Cost: Quantity: Total Cost:
$22,~oo ~ ~ 22,~oo
RESOLUTION No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING SUBMITTAL OF A
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, OFFICE OF STATE AND LOCAL
DOMESTIC PREPAREDNESS (OJP) FISCAL YEAR
1999 STATE DOMESTIC PREPAREDNESS
EQUIPMENT GRANT PROGRAM IN THE AMOUNT OF
$124,400 AND AMENDING THE FISCAL YEAR 2000-
01 BUDGET FOR THE FIRE DEPARTMENT BY
APPROPRIATING UP TO THIS AMOUNT
CONTINGENT ON GRANT APPROVAL AND
DESIGNATING THE FIRE CHIEF AS THE
AUTHORIZED OFFICIAL TO EXECUTE, ON BEHALF
OF THE CITY, THE APPLICATION AND RELATED
DOCUMENTS
WHEREAS, the U.S. Department of Justice has established a grant program to
assist state and local governments in becoming better prepared for threats and incidents
of domestic terrorism; and
WHEREAS, the Chula Vista Fire Department is eligible to apply for grant funds
from the U.S. Department of Justice, State and Local Domestic Preparedness
Equipment Support Program; and
WHEREAS, the Fire Department will request funds to purchase equipment that
will greatly improve the ability of personnel to conduct safe and effective search and
rescue operations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista does hereby as follows:
1. That the above recitations are true.
2. That the City Council hereby authorizes the Fire Chief to submit a grant
application to the US Department of Justice and designates the Fire Chief
as the Authorized Official to execute, on behalf of the City, the application
and related documents for the purpose of obtaining financial assistance.
Presented by Approved as to form by
James B. Hardiman John M. Kaheny
Fire Chief City Attorney
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 03/20/01
' ITEM TITLE: Resolution Amending the FY2000-01 budget for the
Library Department by appropriating a) unanticipated donation
revenue in the amount of $4,100 for book purchases, and b)
unanticipated grant revenue in the amount of $5,075 for three Library
programs and $7,437.50 to enhance the Library's online catalog
SUBMITTED BY: Deputy C~ty Manager Palme
REVIEWED BY: City Manager 0S (4/Sths Vote: Yes x No )
Since July 1, 2000, the Library Department has received donations from various organizations
and individuals for the purchase of new books to add to the Library's collection. In addition, the
Library received Performing and Visual Arts Fund (PVAF) grants, which were awarded in April
2000, to fund three programs that took place earlier this fiscal year. The Library also
successfully applied for a California State Library Statewide Data Base matching grant to
enhance the online catalog. At this time, the Department wishes to accept and appropriate the
$4,100 in donations, appropriate the $5,075 for the PVAF program expenditures, and appropriate
the $7,437.50 in order to make the enhancements.
RECOMMENDATION: That Council adopt the resolution amending the FY2000-01 budget
for the Library Department by appropriating a) unanticipated donation revenue in the amount of
$4,100 for book purchases, and b) unanticipated grant revenue in the amount of $5,075 for three
Library programs and $7,437.50 to enhance the Library's online catalog.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
As part of its ongoing fund raising efforts, the Library conducted a direct mail solicitation
campaign during the winter holiday season. Donations in the amount of $4,100 were received
specifically to buy new library materials,t The Department now needs to appropriate these
donations in order to purchase additional books as intended by the donors.
In addition, the Department also received three Performing and Visual Arts Fund (PVAF) grants
for the calendar year 2000, which were awarded by Council at its April 23, 2000 meeting. The
Department received $400 to pay for the set designs and costumes for a children's Halloween
theatrical storytelling festival at the Civic Center branch. The Department also received $2,175
to put on a music concert in Memorial Bowl and provide refreshments as a way to honor and
recognize all Library volunteers. The Department also received $2,500 for musical
~ The Library received over $10,900 in donations as a result of the 2000 Holiday campaign. Many gifts were
specifically earmarked for deposit into the Library Endowment at the San Diego Foundation and all unspecified gifts
over $250 were deposited into the endowment fund. As of December 31, 2000, the Library Endowment, which was
established in the fall of 1997, now has $112,929.67.
Page 2, Item __
Meeting Date 03/20/01
performances and film shows for young adults who participated in the Young Adult Summer
Reading Club program. These programs were paid from the Department's FY2000-01operating
budget, which now needs to be increased for these program costs.
Finally, the Library applied for and has been awarded a California State Library Statewide Data
Base matching grant for $7,437.50 for enhancement of its new "CV Links" Online Public Access
Catalog (OPAC). The enhancement, coupled with City matching funds of the same amount in the
budget, will fund the addition of book cover art and table of contents information to the
automated system records, providing a much richer, graphically inviting and informative library
user experience for the online catalog, similar to the displays on amazon.com. It is expected that
a very significant number of the current 400,000+ titles in the database and an even higher
number of new purchases, will be enhanced by this grant.
FISCAL IMPACT: The $4,100 in donated funds will be used to purchase new books to add to
the Library's collection. The $5,075 in PVAF grants is for three programs held by the
Department. The $7,437.50 in State grant funds will be added to the budget and must be
expended by June 30, 2001. The ongoing cost to the Department to continue with this web-
based subscriber service beyond the scope of the grant is approximately $15,000 per year, which
will be absorbed from the Department's operating budget.
File: C:\MY DOCUMENTS\LIBRARY\DONATIONS A-113
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDiNG THE FY2000-01 BUDGET FOR
THE LIBRARY DEPARTMENT BY APPROPRIATiNG (A)
UNANTICIPATED DONATION REVENUE 1N THE AMOUNT
OF $4,100 FOR BOOK PURCHASES, AND (B)
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF
$5,075 FOR THREE LIBRARY PROGRAMS AND $7,437.50
TO ENHANCE THE LIBRARY'S ONLINE CATALOG
WHEREAS, since July 1, 2000, the Library Department has received donations from
various organizations and individuals for the purchase of new books to add to the Library's
collection; and
WHEREAS, in addition, the Library received Performing and Visual Arts Fund grants,
which were awarded in April 2000 to fund three programs that took place earlier this fiscal year,
with funds "fronted" from the Department's operating budget; and
WHEREAS, the Library also successfully applied for a California State Library
Statewide Data Base matching grant to enhance the online catalog; and
WHEREAS, at this time, the Department wishes to accept and appropriate the $4,100 in
donations, appropriate the $5,075 for program expenditures already incurred, and appropriate the
$7,437.50 in order to make the enhancements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the FY2000-01 budget for the Library Department by appropriating
unanticipated donation revenue in the amount of $4,100 for book purchases and unanticipated
grant revenue in the amount of $5,075 for three Library programs and $7,437.50 to enhance the
Library's online catalog.
Presented by Approved as to form by
Deputy City Manager City Attorney
H:\Home\AttorncySRs\Library donations
COUNCIL AGENDA STATEMENT
Item No
Meeting Date
ITEM TITLE: Resolution Declining Participation in the 2001-2002
Juvenile Accountability Incentive Block Grant Program and
Supporting Transfer of $39,636 from the Program to the
County of San Diego to enhance the Regional Juvenile
Information System
SUBMITTED BY: Chief of Police
REVIEWED BY: City Manage~~
(4/5thsVote: Yes No X )
The Federal Office of Juvenile Justice and Delinquency Prevention is continuing
with the Juvenile Accountability Incentive Block Grant monies, which are
available through the California Office of Criminal Justice Planning. A total of
$1.1 million dollars is available to the San Diego region and it is proposed that all
of the agencies in the County pool resources in an effort to enhance
accountability of juveniles in the justice system.
RECOMMENDATION:
That the Council decline participation in the 2001-2002 Juvenile Accountability
Incentive Block Grant Program and support the transfer of $39,636 from the
program to the County of San Diego to enhance the Regional Juvenile
Information System.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The Federal Office of Juvenile Justice and Delinquency Prevention is again
accepting requests for application for the Juvenile Accountability Incentive Block
Grant Program. This grant will be effective from April 1, 2001, through June 30,
2002, with money available through the California Office of Criminal Justice
Planning.
The San Diego region, based on law enforcement expenditures and violent crime
arrest data, has been allocated $1.1 million dollars in grant funding of which
Page 2, Item ~/~_~
Meeting Date ,~1
Chula Vista is entitled to $39,636. The funds must be spent on specific program
areas. The Regional Juvenile Information System meets these requirements as
set forth in the following components.
Component One:
Component number one saw the actual completion of the initial grant
expenditures, which focused on making comprehensive improvements to
information and communication systems. This was accomplished through key
infrastructure upgrades to the Probation, County Council and Public Defender
systems. The development of the Juvenile Court web site has been completed
which links the Regional Justice Information System (REJIS) and provides
electronic access to information on juveniles to local law enforcement. Testing of
this system is scheduled to be completed in the next several weeks.
Component Two:
Component number two established working relationships between Probation
and law enforcement agencies. In June 2000, eight Deputy Probation Officers
were stationed in thirteen San Diego Police Department and Sheriff stations
around the County to implement the Community Response Officer Program
(CROP). In addition, a planning group was formed to research the feasibility of
piloting Resource/Drop Off Centers for Juveniles. Representatives from Juvenile
Court, San Diego Superior Court, District Attorney, Probation, and law
enforcement agencies met with community stakeholders to define needs and
resources. A consultant has been hired to conduct the study and facilitate
planning meetings. The final report will be complete by April 1,2001.
Component Three:
The goals contained in component number three (YR 2001-2002) of the grant
funding are to expand the CROP program, complete the feasibility study, review
recommendations and take action as appropriate under funding limitations,
expand the web site Probation Case Management System interface, and
continue exploration and refinement of information sharing techniques. A portion
of the third year funding and realignment of current CROP assignments will allow
for three officer positions to provide coverage in Carisbad, Escondido, La Mesa,
El Cajon, National City and Chula Vista.
The allocation for the City of Chula Vista, if we were to submit our own proposal,
would be $39,636 with 10% ($3,964) cash match required. A letter outlining the
Juvenile Accountability Incentive Block Grant and its goals is attached.
(Attachment A).
Page3,1tem ~/~ ~
Meeting Date
Staff supports the County's proposal to pool all funds in an effort to enhance the
flow of information between County Probation and the Municipal police and
Sheriff's Departments in this County.
The program also enhances accountability and puts juveniles back on track.
Specifically, Chula Vista and other communities in the region will benefit from this
exchange of information. The Police Department's Patrol and School Resource
Officers (SRO) will have immediate access to the status of a probationer, or their
school status. All Agencies will further benefit through the upgrade of the
existing Regional Juvenile Information System, the planning process and the
Community Resource Officer Program. Additional resources will be available by
having the Community Resource Officers assigned throughout the region.
The commitment of the $39,636 grant will aid in the regional efforts involving law
enforcement. The review of this grant will be conducted by the Juvenile Justice
Coordinating Council, which is currently chaired by Probation Chief Alan Crogan.
This item has been endorsed by the San Diego Police Chiefs' and Sheriff's
Association who support the County's endeavor to secure grant funding for
enhancing this regional concept.
FISCAL IMPACT:
There will be no impact to the general fund as a result of allowing the County to
secure the grant. The County will pay the 10% local match and there will not be
maintenance or a user fee associated with the upgrade of the Regional Juvenile
Information System.
Attachment A - Letter from Probation Chief, Alan Crogan
ATTACHMENT A
untp ie Io
ALAN M. CROGAN DAVID J. PRICE
CHIEF PROBATION OFFICER ASSISTANT CHIEF PROD^TION OFFICER
DEPARTMENT OF PROBATION
POST OFFICE BOX 23597, SAN DIEGO, CALIFORNIA 92193-3597
February 6, 2001
Rick Emerson, Chief
Chula Vista Police Department
276 Fourth Avenue
Chula Vista CA
Dear M r. E,~;13elr%~-n91: 9~C~ J~')
I am wdting to inform you the Office of Criminal Justice Planning (OCJP) has released the Request
For Applications for the Juvenile Accountability Incentive Block Grant (JAIBG) 2000. This grant has
effective dates of Apdl 1, 2001 through June 30, 2002. During the last two years we have pooled
JAIBG funds, formed an excellent partnership, and made significant steps in requiring greater
accountability of juveniles in the justice system.
As in previous years, JAIBG funds are allocated to units of local government based on law
enforcement expenditures and violent chine statistics for 1995, 96' and 97' (see attached allocation
chart). For the past two years, your city pooled its funds with the County of San Diego and authorized
the County to apply for and expend JAIBG funds. The County contributed the 10% cash match,
submitted reports, coordinated audits and responded to inquiries related to the grant. A
comprehensive handout on project accomplishments dudng the last two years and our goals for the
coming year is enclosed with this letter.
Initial grant expenditures focused on making comprehensive improvements to information and
communication systems. This was accomplished with key infrastructure upgrades to the Probation,
County Counsel and Public Defender systems. A Juvenile Court web site has been developed to link
the Regional Justice Information System (REJIS) and provide electronic access to information on
juveniles for local law enforcement. Final links with school districts to provide information on grades
and attendance is nearing completion. Testing of this system should be complete by mid-February.
Of equal significance is improving communication and the working relationship between Probation
and law enforcement agencies. In June 2000, eight Deputy Probation Officers were stationed in
thirteen San Diego Police Department and Sheriff stations around the county to implement the
Community Response Officer Program (CROP). The response to CROP has been outstandingly
positive. A recent example of their work is the coordination of an East County Truancy Sweep on
January 29th in conjunction with the Sheriff's Department, El Cajon Police Department and La Mesa
Police Department, where 30 juveniles were apprehended. Since the inception of CROP, more than
100 juveniles have been picked up on outstanding warrants. To provide law enforcement with
immediate access to current juvenile records information, computer equipment was installed at the
thirteen CROP sites. This information is invaluable in the day-to-day operations of law enforcement.
February 6, 2001
Page 2
In addition, a planning group was formed to research the feasibility of piloting Resource/Drop Off
Centers for juveniles. Representatives from Juvenile Court, San Diego Superior Court, Distdc~
Attorney, Probation, and Law Enforcement agencies met with community stakeholders to define
needs and resources. A consultant has been hired to conduct the study and facilitate planning
meetings. The final feasibility report will be complete by April 1, 2001.
The goals for the third year grant funding, if awarded, is to expand the CROP program, complete the
feasibility study, review recommendations and take action as apprepdate under funding limitations,
expand the web site-Probation Case Management System interface, and continue exploration and
refinement of information sharing techniques. A portion of the third year funding and realignment of
current CROP assignments will allow for the addition of three Deputy Probation Officers to provide
additional coverage. The eight CROP officers are currently assigned to the following areas.
1) Poway Sheriff /Northeastem SDPD
2) Northern SDPD / Western SDPD
3) San Marcos Shedff / Vista Shedff
4) Lemon Grove Sheriff
5) Santee Sheriff
6) Mid-City SDPD
7) Central SDPD / Southeastern SDPD
8) Impedal Beach Sheriff/Southern SDPD
Third year funds would add three officers to provide coverage in:
· Carlsbad, Oceanside, Encinitas (North Coastal)
· Escondido (North Inland)
· La Mesa, El Cajon (East County)
· National City, Chula Vista (South)
If your city intends to pool its funds with the County of San Diego to apply for JAIBG, we need the
Waiver of Direct Subgrant Award From Unit Of Local Government form (attached) by February
28, 200t, as the grant application is due in Sacramento by March 2, 2001. Also, please let us know
who the contact person is in your law enforcement agency for this project. If you have questions, you
may contact the Project Director, Penny Moore at (858) 694-4399, or the Program Analyst, Lynn
Titialii, at (858) 514-3204. I look fon~vard to continuing to work together in the support of innovative
programs to further our communication and working relationships.
ALAN M. CROGAN
CHIEF PROBATION OFFICER
^ttachments
c: Chief of Police
JUVENILE ACCOUNTABILITY AND INCENTIVE BLOCK GRANT (JAIBG)
Coordinated Enforcement Plan
JAiBG is a grant awarded by the Office of Cdminal Justice Planning (OCJP) to promote greater accountability of
juveniles in the justice system. Funding levels are determined by law enforcement expenditures and violent
cdme statistics. There are specific program purpose areas and funding guidelines which must be stdctly
followed to comply with requirements. The County of San Diego, the City of San Diego, and Cities of Carlsbad,
Chula Vista, Coronado, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside and Vista pooled
funds for the last two years to implement key components of San Diego County's Comprehensive Strategy for
Youth, Family and Community.
Year I Accomplishments
· Developed and implemented a Juvenile Case Management System for the Juvenile Court. The new
system increases productivity, efficiency, and facilitates communication with other agencies.
· Developed a link with the Officer Notification System to provide current court status information to law
enforcement officers who have a contact with a juvenile.
· Funded key infrastructure upgrades to the Probation, County Counsel, and Public Defender systems to
facilitate information sharing.
Year 2 Accomplishments
· Implemented a secure web server in Juvenile Court to share information and provide a linkage between
schools, law enforcement and probation.
· Installed computer stations at ten school sites to implement the school linkage to the web site.
· Completed upgrades to the web site to provide additional and more comprehensive information.
· Implemented the Community Response Officer Program (CROP), with one Supervising Probation
Officer and eight Deputy Probation Officers stationed in and/or shared between thirteen law
enforcement stations. CROP is designed to increase communication, the program provide a linkage
between agencies for information on juveniles, and performs community outreach activities.
· Installed thirteen computer stations at the CROP sites to provide immediate acc, ese to current juvenile
records information.
Hired a consultant to coordinate planning and feasibility study of Community Resource/Drop-Off
Centers. Final report is due April 1, 2001.
· Formed a planning Group with community stakeholders. Five group meetings were held between
December and February to review concepts, ideas, research material and available information to
determine a proposed design for Community Resource/Drop-Off Center pilot.
· Completed a visit to Community Assessment and Referral Centers (CARC) in San Francisco to observe
its operation.
· Completed visit to the Parris Valley Truancy Project.
Year 3 Goals
· Maintain and expand CROP to provide services and linkages to seven new jurisdictions and adjacent
areas.
· Expand linkages to additional school districts.
· Complete Feasibility Study, review recommendations and take action as appropriate under funding
limitations.
· Collect pertinent data on program outcomes, technology upgrades, CROP program services, and
juveniles eligible to Community Resource/Drop Off Center services.
· Refine and further develop the web site and information sharing systems.
JUVENILE ACCOUNTABILITY AND INCENTIVE BLOCK GRANT (JAIBG)
~ Funding Availability
San Diego County $ 494,413
City of San Diego $ 372,043
Oceanside $ 45,669
Chula Vista $ 39,636
Escondido $ 30,077
El Cajon $ 27,902
National City $ 20,670
Carlsbad $ 15,157
La Mesa $ 10,364
Encinitas $ 8,301
Vista $ 5,563
Coronado $ 5,122
Total $1,074,917
10% Cash Match (SD County) $ tt9,435
TOTAL $t ,194,352
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLINING
PARTICIPATION IN THE 2001-2002 JUVENILE
ACCOUNTABILITY INCENTIVE BLOCK
GRANT PROGRAM AND SUPPORTING
TRANSFER OF $39,636 FROM THE PROGRAM
TO THE COUNTY OF SAN DIEGO TO
ENHANCE THE REGIONAL JUVENILE
INFORMATION SYSTEM
WHEREAS, the City of Chula Vista declines to directly participate in the 2001-
2002 Juvenile Accountability Incentive Block Grant Program administered by the Office
of Criminal Justice Planning (hereafter referred to as OCJP); and,
WHEREAS, the City supports the transfer of $39,636 designated to the City of
Chula Vista via the Juvenile Accountability Incentive Block Grant Program to the County
of San Diego for enhancement of the Regional Juvenile Information System; and,
· WHEREAS, the City supports the upgrade of the Regional Juvenile Information
System to better enable law enforcement personnel to know the status of young people
and their criminal involvement throughout the region; and,
WHEREAS, the City supports the comprehensive planning process to design an
effective program for drop-off sites and the establishment of a regional program for the
implementation of a Community Response Officer Program; and,
WHEREAS, the County of San Diego shall agree to provide all matching funds
required for the set project (including any amendment thereof, and including the
matching fund for the City's allocation) under the program, ending funding terms and
conditions including cash-match required by OCJP; and,
WHEREAS, any liability arising out of the performance of the grant award
agreement, including civil court actions for damages, shall be the responsibility of the
County of San Diego and not the responsibility of the City; and,
WHEREAS, the City, the State of California and OCJP disclaim responsibility
for any such liability; and,
WHEREAS, the funds received shall not be used to supplant expenditures
controlled by the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby decline participation in the 2001-2002 Juvenile Accountability
Incentive Block Grant Program and supports the transfer of $39,636 from the program to
the County of San Diego to enhance the Regional Juvenile Information System.
y: Approved as to form by:
Richard P. Emerson Jol]n-M. Kaheny 0
Chief of Police City Attorney
COUNCIL AGENDA STATEMENT
Item No //
Meeting Date ~
ITEM TITLE: Resolution Accepting $200 from the Chula Vista
Seventh-Day Adventist Church, amending the FY 00-01
Police budget and appropriating unanticipated funds in
the amount of $200 for Mounted Police Patrol
equipment.
SUBMITTED BY: Chief of Police~L?'
REVIEWED BY: City Manager ~ _~o~' (4/5ths Vote: Yes X No __.)
The Chula Vista Mounted Police Patrol Volunteer Unit received a donation in the
amount of $200 from the Chula Vista Seventh-Day Adventist Church. The funds
will be used to purchase and repair equipment for the Chula Vista Mounted
Police Patrol Volunteer Unit.
RECOMMENDATION: Staff recommends that the City Council accept the $200
from the Chula Vista Seventh-Day Adventist Church; amend the FY 00-01 Police
budget and appropriate unanticipated funds in the amount of $200 for Mounted
Police Patrol equipment.
BOARDS/COMMISSIONS RECOMMENDATIONS: None
DISCUSSION: The Chula Vista Mounted Police Patrol Unit is a volunteer unit
comprised of local members of the community and represents the City
throughout the San Diego and Imperial Counties. The unit actively participates in
parades, special functions, search and rescue, and other law enforcement
activities.
The Chula Vista Mounted Police are funded primarily by donations and the Police
Department. The $200 donation will be used to purchase and repair equipment
for the unit.
The Seventh-Day Adventist Church is making the $200 donation in honor of Mr.
Jon Miller, of Jon Miller Reality. The donation, on behalf of the congregation, is
in appreciation for Mr. Miller's dedication and service to the Seventh-day
Page 2, Item
Meeting Date
Adventist Chumh. Pastor Dale Barizo wishes to donate the money to the Chula
Vista Mounted Police Patrol Unit, an organization Mr. Miller supports.
FISCAL IMPACT: The $200 donation will be used for one-time expenditures
resulting in no net impact to the City.
/! - ;L
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING
$200 FROM THE SEVENTH-DAY ADVENTIST
CHURCH, AMENDING THE FY 00-01 POLICE
BUDGET AND APPROPRIATING
UNANTICIPATED FUNDS IN THE AMOUNT
OF $200 FOR MOUNTED POLICE PATROL
EQUIPMENT.
WHEREAS, On January 31, 2001 the Police Department received a donation of
$200 from the Chula Vista Seventh-Day Adventist Church; and
WHEREAS, the monetary donation is being made on behalf of the Seventh-Day
Adventist Church congregation honoring Mr. Jon Miller, of Jon Miller Reality, for his
dedication and service to the church; and,
WHEREAS, the donation will be utilized by the City of Chula Vista's Mounted
Police Patrol Unit to fund the repair, maintenance and purchase of equipment; and
WHEREAS, the City of Chula Vista accepts and appropriates the donation of
$200 for the Chula Vista Mounted Police Patrol Unit; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Chula Vista
does hereby accept and appropriate the $200 donation to the Police Department for the
support of the Chula Vista Mounted Police Patrol Unit and amending the FY 00- 0I
Budget accordingly.
Presented By: Approved as to form by:
Richard P. Emerson John Kaheny- q '['~ ~'
Police Chief City Attorney
I1
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: /~'~
MEETING DATE: :3/20/O1
ITEM TITLE: RESOLUTION APPROVING THE REPLACEMENT OF TWO
PREVIOUSLy APPROVED REPRESENTATIVES AND THE ADDITION
OF THREE. NEW CLUSTER INDUSTRY REPRESENTATIVES TO SIT ON
THE CITY'S ECONOMIC DEVELOPMENT STRATEGIC PLAN (EDS)
BLUE RIBBON COMMITTEE
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ~._~
REVIEWED BY: CITY MANAGER~
4/5TNS VOTE: YES ~ NO ~
BACKGROUND
On February 13, 2001, Council approved the creation of an Economic Development Strategy (EDS)
Blue Ribbon Committee and a list of executive-level candidate members, and directed staff to extend
invitations to these individuals on behalf of the Mayor and Council. Council further authorized staff
to extend invitations to other executive-level community leaders in the event that one or more of the
identified candidates could not accept. The proposed members were generated by the City's
Business Response Team (BRT) - the staff level oversight body for the EDS - and the City's Economic
Development Commission. Staff is returning with ~wo (2) proposed changes and three (3) proposed
additions to the EDS Committee.
RECOMMENDATION
That Council approve the ~wo (2) proposed changes to the previously approved roster of
candidates for the EDS Blue Ribbon Committee and the addition of three (3) executive level
representatives one from each of the regionally targeted industry clusters of biosciences,
telecommunications, and software.
BOARDS/COMMISSIONS RECOMMENDATION
None
As approved by Council on February 13, the Steering Committee will include local and regional
decision-makers from a broad range of public and private interests including: 1} Business
management; 2) Business-related infrastructure; and 3) Partnering jurisdictions. In terms of
PAGE 2, ITEM NO.:
MEETING DATE: 03/20/00
responsibilities, the Blue Ribbon Committee will be asked to hold three workshops and to participate
- diredly or via a designee - on one of three Subcommittees. The Steering Committee's three
workshops will focus on creating an economic vision, and reviewing the Subcommittees' suggested
key issues and related strategies, culminating in a recommended Chula Vista Economic
Development Strategy for presentation to Council.
The Mayor has requested that two (2) changes be made to the names acted upon by Council on
February 13, i.e. replacing the Port Director with the Chula Vista Port Commissioner, and replacing
a representative from Pacific Bell with a representative from SDG&E. In addition, staff is requesting
approval from Council to add a representative from each of the following technology clusters: 1)
biosciences; 2) telecommunications; and 3) software. Specifically, if authorized, staff would request
each of the corresponding professional associations - BioCom, Telecom Council, and Software
Council - to designate a representative to serve on the Committee. If for whatever reason the
Association does not formally select a representative, staff is requesting that they be authorized to
directly invite another individual from the respective cluster. Affachment A shows the 22 individuals
that have already been sent invitations as well as the proposed two replacement candidates and the
three cluster industry associations proposed to be contacted.
FISCAL IMPACT
The consultant contract with ERA for facilitating the EDS process has been approved and funded.
Costs associated with supporting the overall Blue Ribbon Committee efforts will be funded from
the Community Development Department/Economic Development Division current and FY 2002
budget. This recommendation will have no significant additional impact.
ATTACHMENTS
Attachment A - Approved and proposed membership of EDS Blue Kibbon Committee
J:\COMMDEV~STAFF.REP\03-20-01\EDS 2nd COUNCIL AGENDA STATEMENT.doc
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REPLACEMENT OF TWO PREVIOUSLY APPROVED
REPRESENTATIVES AND THE ADDITION OF THREE NEW CLUSTER
INDUSTRY REPRESENTATIVES TO SIT ON THE CITY'S ECONOMIC
DEVELOPMENT STRATEGIC PLAN (EDS) BLUE RIBBON COMMITTEE
WHEREAS, on September 26, Council approved an agreement with Economics Research
Associates (ERA) to assist staff in the preparation of a comprehensive Chula Vista Economic Development
Strategic Plan (EDS) and related Economic Development Element of the City's updated General Plan; and
WHEREAS, the EDS will act as a basic blueprint for short- and long-range city development as
relates to ensuring a balanced, fiscally strong community; and
WHEREAS, a critical component of the EDS is the active involvement of community stakeholders;
and
WHEREAS, on February 13, 2001, Council approved the creation of an Economic Development
Strategy (EDS) Blue Ribbon Committee and a list of executive-level candidate members, and directed staff
to extend invitations to these individuals on behalf of the Mayor and Council; and
WHEREAS, the Steering Committee includes local and regional decision-makers from a broad range
of public and private interests, including business management, business-related infrastructure and
partnering jurisdictions; and
WHEREAS, the Mayor is requesting the replacement of two previously approved representatives;
and
WHEREAS, staff is requesting the addition of three new cluster industry representatives; and
WHEREAS, invitations have been sent to all approved individuals with the exception of the two slots
being considered for replacement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby
approve inviting the Chula Vista Port Commissioner in lieu of the Port Director, and a representative from SDG&E
rather than PacBell.
BE IT FURTHER RESOLVED that a member from each of the following technology industry clusters
be added to the EDS Blue Ribbon Committee: 1) biosciences, 2) telecommunications, and 3) software and
that staff be directed to request each of the corresponding professional associations - BioCom, Telecom
Council, and Software Council, to select their respective representative.
BE IT FURTHER RESOLVED that if for whatever reason any one of the three Associations does not
formally select a representative, staff is authorized to directly invite another individual from the respective
cluster.
Presented by Approved as to form by
~ 'hr r; cst oSral~mc°on~ u n ity Development ~o~eny
J:\COMMDEWRESOS\EDS-2.doc
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: /.~
MEETING DATE: 3/20/01
ITEM TITLE: A) PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE
ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO
THE PROPOSED MAIN PLAZA AFFORDABLE HOUSING
PROJECT.
B) RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE
ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING
REVENUE BONDS BY THE CALIFORNIA STATE, VIDE
COMMUNITIES DEVELOPMENT AUTHORITY FOR THE PURPOSE
OF FINANCING THE ACQUISITION AND CONSTRUCTION OF
THE MAIN PLAZA AFFORDABLE HOUSING PROJECT.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: CITY MANAGER //~l~/~
4/STNS VOTE: .S
BACKGROUND
On June 13, 2000, the Agency conditionally approved financial assistance in the form of a loan of
$1,060,000 to Avalon Communities LLC, for the development of a mixed-use project consisting of
106 affordable units and 15,000 square feet of retail commercial space. The projed referred to as
"Main Plaza" is proposed to be located on the northeast corner of Main Street and Broadway within
the Southwest Redevelopment Project Area and the Montgomery Specific Plan Area.
The financial assistance was to provide gap financing required as part of a Iow-income housing
tax credit financing application, which was submitted to the State Tax Credit Allocation
Committee (TCAC) in June 2000. Unfortunately due to a very competitive funding round, the
project did not receive a tax credit allocation as only as one project out of 13 were funded in San
Diego County.
Since then the developer has been actively seeking other sources of funds to finance the project
including the State of California Multifamily Housing Program (MHP) and the Farmworker Grant
Program. In addition, Avalon Communities has applied for a bond/tax credit allocation to the
California Debt Limit Allocation Committee (CDLAC). As part of this application Avalon
communities has requested the California Statewide Communities Development Authority
(CSCDA), issue multifamily housing revenue bonds in an amount not to exceed $7,000,000. The
CSCDA is a joint exercise of powers authority consisting of numerous California cities, counties
PAGE 2, ITEM NO.:
MEETING DATE: 3/20/01
and special districts, including the City of Chula Vista. CSCDA pursuant to its Amended and
Restated Joint Exercise of Powers Agreement is authorized to assist in the financing of facilities for
affordable housing, including the facility to be constructed by Avalon Communities.
In order to initiate this financing request, the City of Chub Vista must: (1) conduct a public hearing
(Tax and Equity Fiscal Responsibility Act or TEFRA hearing) on the proposed financing and; (2)
approve CSCDA's issuance of indebtedness. Therefore, although CSCDA will be the issuer of the
tax-exempt obligation for Avalon Communities the financing cannot proceed without the approval of
the City of Chula Vista. Avalon Communities has submitted an application for State tax exempt
funding from CDLAC which requires that proof of the TEFRA hearing be submitted by March 23,
2001. The proposed project has already been subject to review under CEQA, and therefore does
not require additional environmental analysis.
RECOMMENDATION
That the City Council conduct the required public hearing regarding CSCDA~S intent to issue tax
exempt bond obligations for the development of Main Plaza and that the City Council adopt a
resolution approving the issuance, sale and delivery of multifamily revenue bonds by CSCDA to
help finance the development of the Main Plaza Apartments.
BOARDS/COMMISSIONS RECOMMENDATION
On June 7, 2000 The Housing Advisory Commission recommended to the Redevelopment
Agency and City Council approval of the proiect.
DISCUSSION
The Proposed Project
The projed will include 106 affordable housing units and 15,000 square feet of retail commercial
space with 180 residential and 73 commercial parking spaces.
The mixed-use building will contain 15,000 square feet of ground-level commercial space, with
residential garages in the back and 2-levels of residential above the garages. There are seven
exclusively residential buildings throughout the site.
There will be 106 total housing units, consisting of 60 two-bedroom units, 30 three-bedroom units,
ond 16 four-bedroom units. The proposed proiect will also offer a swimming pool, community
room, garages, and social services provided by a local social service agency.
The loan agreement and related restrictive covenants for the Agenc,/s financial assistance will restrict
rents and occupancy of 49 percent of the 106 units (51units) for Iow-income households.
Requirements of the other funding sources will result in the remaining 55 units being affordable to
households at or under 60 percent of Area Median Income.
PAGE 3, ITEM NO.:
MEETING DATE: 3/20/01
Proposed Financing of Projed
It is currently estimated that the proposed project cost will be $13,000,000. Sources of funding for
the projed will include approximately $7.0 million in bond proceeds (the subject of this TEFRA
heoring), $4.0 million in Iow-income housing tax credits, $1.0 million in developer equity and other
contributions, and $1.0 million from the City/Agency.
The developer has applied for the first round of the CDLAC Bond/ Tax Credit program. The
application process is very competitive one, which needs fo demonstrate readiness to complete the
project and strong support from the community. The bond/tax credit allocation will be used to
substantially finance the project. If successful in obtaining the necessary financing, construction is
expected to begin in September 2001 and to be completed in October 2002.
FISCAL IMPACT
The proceeds of the bonds will provide acquisition and construction funds for the developer at a
lower cost than funds borrowed in a conventional bank loan. The Developer has requested that
the CSCDA issue multifamily housing revenue bonds in on aggregate principal amount not to
exceed $7,000,000 to provide construction and development financing for the 106 unit
residential development. The bonds would be tax exempt private activity bonds for the purposes
of the Internal Revenue Code and, as such, require the approval of the elected body of the
governmental entity having jurisdiction over the area where the project to be financed is located.
Neither the City nor the Agency would be under any obligation to repay the bond indebtedness
or to incur any costs related to the issuance of the bonds.
ATTACHMENTS
Exhibit A- project location map.
J:\COMMDEV~STAFF.REP\03-20-01\issuance of tax emep! main plaza.doc
LOCATOR v~o~ ^VALONCOMMUNITIE$,LLC
*.u~: INITiaL STUDY
~RO~ 1689 Broadly
~o~ R~u~t Pm~ ~ns~on of a 15,000 sq.~ m~e
~1 budding and 1~ ~able housing un~
~ ~ ~.u~ ~-~q ~ 181 residen~al and 75 ~mme~l pa~ng
NOR~ No 8~le IS - 0~7 ~ sva~
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF
MULTIFAMILY REVENUE BONDS BY THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR
THE PURPOSE OF FINANCING THE ACQUISITION AND
CONSTRUCTION OF THE MAIN PLAZA AFFORDABLE HOUSING
PROJECT.
WHEREAS, the California Statewide Communities Development Authority ("the Authority") is
authorized by the laws of the State of California (the "Law") to execute and deliver multifamily
housing revenue obligations for the purpose of financing the acquisition and construction of
multifamily residential rental facilities located within the area of operation of the Authority, which
includes the City of Chula Vista, which are to be occupied, in part, by very Iow and Iow income
tenants; and
WHEREAS, Avalon Communities, LLC, on behalf of itself or a limited partnership or limited
liability company to be formed by Avalon Communities, LLC, (the Borrower") has requested the
Authority to issue and deliver multifamily housing obligations in the anticipated principal amount of
$7,000,000 (the "Obligations"), the proceeds of which shall be used for the purpose of financing the
acquisition and construction of a multifamily residential rental facility to be commonly known as the
Main Plaza Apartments which is to be located on the Northeast corner of Broadway and Main Street
in the City of Chula Vista (the Project" ); and
WHEREAS, the Obligation to be issued and delivered to finance the acquisition and
construction of the Project will be considered "qualified exempt facility bonds" under Section 142 (a)
of the internal revenue Code of 1986, as amended (the "Code"), and Section 147(f) of the Code
requires that the "applicable elected representative" with respect to the Project hold a public hearing
on the issuance and delivery of the Obligations; and
WHEREAS, the City Council of the City of Chula Vista as the "applicable elected
representatives" to hold said public hearing, has held said public hearing at which all those
interested in speaking with respect to financing of the Project were heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula
Vista, as follows:
1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
2. The City Council herby approves the financing of the Project by the Authority
with the proceeds of the Obligations.
3. The issuance and delivery of the Obligations shall be subject to the approval
of and execution by the Authority of all financing documents relating thero to
which the Authority is a party and subject to the sale of the obligations by the
Authority.
4. The City Clerk of the City shall forward a certified copy of this Resolution
and a copy of the affidavit of publication of the public hearing notice to:
Thomas A. Downey
Jones Hall, A Professional Law Corporation
650 California Street, 18th Floor
San Francisco, Califomia 94108
5. This resolution shall take effect upon its adoption.
Presented by Approved as to form by
Chris"Salom(~ne ~ ~lohn.~l. Kaheny ~
Director of Community Development Cit~Attorney
J:ICOMMDEV/RESO-MAIN pLAZA COUNCiL.DOC
CITY COUNCIL AGENDA STATEMENT
Item
Meeting Date3/20/01
ITEM TITLE: PUBLIC HEARING: PCA 01-04; Amendment to the Chapters 19.04,
Definitions, and 19.48, P-C Planned Community Zone of Chula Vista
Municipal Code in order to increase the percentage of community purpose
acreage that can be utilized for ball fields, and to allow for-profit day-care
facilities as a primary use within CPF land use districts.
ORDINANCE: Amending Chapters 19.04, Definitions, and 19.48, P-C
Planned Commtmity Zone of the Chula Vista Municipal Code.
SUBMITTED BY: Director of Planning and Building/~/~//,
REVIEWED BY: City Manager C)~ (4/5tbs Vote: Yes__No X )
The application submitted by the EastLake Company and co-sponsored by the City of Chula Vista
proposes to amend Chula Vista Municipal Code Chapters 19.04, Definitions, and 19.48, P-C Planned
Community Zone, in order to increase the allowable percentage of CPF acreage that can be utilized
for ball fields fi:om 25% to 35%, and establishing special findings to allow for-profit day-care uses in
the CPF land use district subject to a conditional use permit.
The Environmental Review Coordinator has determined that, as a procedural amendment, the
project is exempt in accordance with the California Environmental Review Guidelines, Section
15061(b)(3)(Review for Exemptions). However, subsequent, specific project proposals may be
subject to environmental review.
RECOMMENDATION:
That the City Council approve the amendment in accordance with the attached City Council
Ordinance.
BOARDS AND COMMISSION RECOMMENDATION:
On February 14, 2001, the Planning Commission considered the proposed project and, after hearing
staffs' presentation, approved the project by a 6-0-1 vote. At the hearing, the Planning Commission
endorsed the proposed amendment, but recommended that additional criteria regarding waiver of the
required five year marketing period for CPF non-profit land uses be included in the Ordinance to
insure that for-profit day-care facilities on CPF sites provide affordable child care services. Staff
researched the possibility of incorporating additional criteria, as suggested by the Planning
Commission, and found that the State of California has a social program in place to subsidize needy
families using for-profit or non-profit day care providers. A more detailed analysis of this issue is
included in the Analysis section of this report.
Page No. 2, Item:
Meeting Date: 3/20/01
DISCUSSION:
In 1991, the City Council adopted an ordinance which requires that planned communities provide a
minimum of 1.39 acres of land per thousand population for Community Purpose Facilities (CPF).
The ordinance also required that several community purpose land uses, as listed in CVMC Section
19.04.025 (see Attachment 2), be permitted by conditional use permit and contains other provisions
to regulate the development of CPF sites. Subsequently, in 1998, the City Council adopted an
ordinance to amend Chapter 19.04 and Chapter 19.48 to allow recreational ball fields with a
conditional use permit in the CPF land use districts, subject to approval ofa CPF master plan for the
entire planned community GDP, SPA or specific designated CPF master plan area. Ball fields are
limited to 25% of the total CPF acreage required for said master plan area.
The proposed Ordinance amendment includes: 1)an increase in the allowable percentage of CPF
acreage that can be utilized for ball fields from 25% to 35%; 2) establishing specific findings to
allow for-profit day-care use in the CPF land use districts subject to a conditional use permit; and 3)
modify the Community Purpose Facilities definition to include child-care facilities as a"typical CPF
use" (see Attachment 3).
1. Analysis
The proposed amendments to Chapters 19.04, Definitions, and 19.48, PC, Planned Community
Zone, are intended to address specific community needs in EastLake, as well as other master planned
communities in eastern Chula Vista. The following paragraphs describe the ball field CPF acreage
percentage increase and the for-profit day care land separately:
Ball Fields
The EastLake Company has indicated that on several occasions Little League organizations and
EastLake residents have expressed concerns about the lack of ball fields in Eastern Chula Vista, and
have asked EastLake to help address this issue. Although the existing and future community and
neighborhood parks in EastLake and other master planed communities include ball fields, the
number of ball fields provided are not sufficient to address the current demand. The City Parks and
Recreation Department concurs with the resident's concerns and endorses the requested increase in
CPF acreage that can be utilized for ball fields.
The existing and proposed percentage of CPF acreage limitation and the master plan requirement
prescribed in Section 19.48.040 of the Municipal Code will ensure that this particular recreational
use not preclude the establishment of other CPF uses (see Attachment 4).
At the time the previous amendment to allow ball fields as a conditionally permitted use was
presented to the Planning Commission for consideration, staff indicated that recreational ball fields
Page No. 3, Item:
Meeting Date: 3/20/01
differ significantly from other CPF uses in that this use would be an outdoor use and would not
involve construction of a building (other than possible accessory buildings such as restrooms). As
such, they may present more impacts upon adjacent properties with respect to noise, lighting and
visual issues. However, these issues can be addressed through the conditional use permit process,
which is required for this land use. The conditional use permit process will also provide surrounding
residents with notice of any such application, as well as the opportunity to provide input on the
project prior to a final determination by the approving body. For these reasons, staff recommends
approval of the increase of the allowable percentage of CPF acreage that can be utilized for ball
fields.
For-profit Daycare
The Child Care Element of the General Plan indicates that demand for child care is increasing faster
than child care facilities can be provided. Because of this, the General Plan (Section 4.0)
encourages the provision of child care facilities and services to meet the existing and future needs of
the community, and the City as a whole. The General Plan further states that the City should support
and assist in efforts to define the role that new development plays in the demand for child care, and
also examine opportunities to encourage provision of child care facilities in all areas of the City (see
Attachment 5).
In order to further the above mentioned objectives, staff is recommending adding a provision to
conditionally allow for-profit day-care as a primary use within the CPF designated land use districts.
However, in order to safeguard the original intent of the CPF zone for non-profit uses, staff is
recommending that the developer be required to provide evidence to the City that the CPF site has
been marketed for non-profit uses, daycare or otherwise, for a period of 5 years before it can be used
for a for-profit day-care facility as the primary use. The proposed Ordinance amendment contains
language allowing the Director of Planning and Building to waive this requirement if it can be shown
that approval of a for-profit day care facility in the CPF designated parcel will leave at least 4
contiguous (adjoining) CPF acres available within the same GDP, SPA plan or CPF master plan.
The 4 contiguous acres will help to ensure a viable site for non-profit uses.
Within 60 days of adoption of this Ordinance amendment, staff will prepare an implementing policy
concerning "affirmative marketing" of CPF site(s) for approval by the Director of Planning and
Building. The purpose of this policy will be to provide guidelines and criteria for "affirmative
marketing" and require the developer to provide evidence to the City that any CPF zoned property
has been actively marketed to eligible non-profit groups and organizations for a minimum of five
years prior to said CPF site being considered for use by a for-profit day care provider. The policy
will require the developer to submit to the City an Affirmative Marketing Plan, for City review and
approval, that details what marketing actions the developer will take pertaining to the CPF site(s).
Because staff was concerned about competition between for-profit and non-profit day-care providers,
staff contacted State Childcare Licensing Agency and inquired about such potential competition.
Page No. 4, Item:
Meeting Date: 3/20/01
The Licensing Agency indicated that due to the wide variety of types of non-profit day-care
programs available, locating for-profit day-care facilities in close proximity, or even on the same site
generally does not create a problem in terms of business competition.
Following the Planning Commission hearing on February 14, 2001, staff also inquired about
available child-care provisions for low income families. The Licensing Agency indicated there are
already provisions in place to provide subsidies for low income families which can then be used to
receive child-care services from for-profit or non-profit child care facilities. Said subsidies could
consist of full or partial payments for child-care costs, depending on the income level of the family.
Child care assistance for low income families is funded by the State of California through its
CALworks program. At the local level, this program is administered by CDA (Child Development
Associates), the County of San Diego, and CRS (a program through the YMCA). Based upon the
existing state subsidy programs, staff believes the Planning Commission's concern to provide
incentives regarding the use of CPF site(s) for for-profit day-care facilities is addressed by the above
mentioned state subsidy programs.
2. Conclusion
As described above, allowing additional CPF acreage for ball fields and for-profit day care facilities
as conditional uses implements the goals and policies of the Parks and Recreation and Child Care
Elements of the General Plan. Thus, the overall amendment is consistent with the General Plan and
public necessity, convenience, general welfare and good zoning practices. Staff recommends the
City Council adopt the proposed amendment.
FISCAL IMPACT:
The EastLake Development Company has paid for all cost associated with the processing of this
application.
Attachments: 1. Planning Commission Resolution and Minutes (2/14/01)
2. Conditionally Permitted Uses (CVMC 19.48.025)
3. Existing language for CVMC Section 19.04.055
4. Existing language for CVMC Section 19.48.040
5. Excerpts from Child-Care Element of General Plan
6. Ownership Disclosure Statement
H:\HOME\PLANNING\JEFF~Eastlake\CFD Ord. Amend\CPF Ordinance AmendCC4.doc
ATTACHMENT 1
RESOLUTION NO. PCA 01-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE
AMENDMENTS TO CHAPTER 19.04, DEFINITIONS, AND 19.48, P-C
PLANNED COMMUNITY ZONE, OF THE CHULA VSITA MUNICIPAL
CODE RELATING TO COMMUNITY PURPOSE FACILITIES.
WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal
Code was filed with the Planning Department of the City of Chula Vista on November 13, 2000, as a
co-sponsored application between The EastLake Company and the City of Chula Vista
("Applicant"); and,
WHEREAS, said application requests certain amendments to Chapter 19.04, Definitions, and
19.48, P-C Planned Con'ammity Zone; Specifically modification of Chapter 19.04 to modify
"community purpose facility" definition, and modification of Chapter 19.48, P-C Planned
Community Zone, Subsection 19.48.025 to add for-profit day care and Subsection 19.48.040 to
increase percentage of recreational ball fields permitted ("Zoning Ordinance Amendment"); and,
WHEREAS, the Environmental Review Coordinator has determined that, as a procedural
amendment, the project is exempt from the California Environmental Quality Act (CEQA) under the
General Rule Exemption section l $ 06 l(b)(3)(Review for Exemptions), and
WHEREAS, the Planning and Building Director set the time and place for a hearing on the
proposed Zoning Ordinance Amendments and notice of said hearing, together with its purpose, as
given by its publication is a newspaper of general circulation at least 10 days prior to the heating;
and
WZIEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m.,
February 14, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution approving
certain amendments to Chapters 19.04 and 19.48 of the Chula Vista Municipal code pertaining to
Community Purpose Facilities in accordance with the findings contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 14th day of Feburary, 2001, by the following vote, to-wit:
AYES: Thomas, McCann, Willett, Ortes, Castaneda, Hall
NOES:
ABSENT: O'Neill
Bob Thomas, Chair
ATTEST:
Diana Vargas, Secretary
Planning Commission Minutes ' 5 - February 14, 2001
2. PUBLIC HEARING: PCA-01-04; Amendment to the Chapters 19104, Definitions, and
19.48, P-C Planned Community Zone of Chula Vista Municipal Code
pertaining to Community Purpose Facilities - the Eastlake Company
and the City of Chula Vista.
Background: Jeff Steichen, Associate Planner reported that the amendment has two basic
components; 1.) an increase from 25% to 35%in the percentage of CPF site acreage within a
development that can be used for recreational ball fields, and 2.) to allow "for-profit" daycare
facilities as a primary use.
The purpose in requesting an increase in the percentage of ball fields allowed within the CPF area
is in an effort to accommodate the growing need for more land in Eastlake and other planned
communities for Little League fields. The Parks and Recreation Department has indicated that the
number of ball fields provided by existing and future parks are not sufficient to address the current
demand and as a result endorses the increase in CPF acreage that can be used for ball fields.
The second component adds a provision which allows "for-profit" day care facilities as a primary
use within CPF zoned land. Currently, "non-profit" day care facilities are allowed within the CPF
zone only as an accessory use. This amendment will allow "for-profit" day care facilities as a
primary use subject to a Conditional Use Permit.
In order to safeguard the original intent of the CPF zone for "non-profit" uses, staff is recommending
that the developer be required to produce evidence to the City that the CPF site has been marketed
for "non-profit" uses for a period of 5 years before it can be used by a "for-profit" day care facility as
a primary use.
The amendment also contains language whereby the Director of Planning and Building can waive
the five year restriction if it can be shown that approval of the "for-profit" day care facility in the
CPF designated parcel will leave at least four contiguous CPF acres available within the same GDP,
SPA Plan or CPI= Master Plan.
Staff Recommendation: That the Planning Commission adopt resolution recommending that the
City Council adopt the draft Ordinance approving amendments to Chula Vista Municipal Code
Chapters 19.04 Definitions, and Chapter 19.48 P-C Community Zone of the Chula Vista Municipal
Code.
Commission Discussion:
Commissioner Castaneda inquired what the process would be to build new ball fields.
Additionally, he expressed concern with the five-year marketing delay period for the "for-profit"
day care facility. He further indicated that the bigger issue, in his opinion, is the need to satisfy the
demand for day care facilities and their affordability. Therefore, perhaps staff should consider
requesting that the "for-profit" day care facilities consider charging on a sliding scale based on
income, in exchange for reducing the amount of time before their application would be
considered.
Planning Commission Minutes - 6 - February 14, 2001
Mr. Steichen responded that currently, all of the uses in the CPF Zone require a Conditional Use
Permit. The amendment would simply change the percentage and any request to build a ball field,
prior to the CUP application, would be required to submit a CPF Master Plan for the entire
development to show where the ball fields will be located.
Commissioner Cortes asked for clarification on the rationale behind the existing ordinance in
currently allowing only "non-profit".
Elizabeth Hull, Deputy City Attorney, stated that the ordinance currently allows only "non-profits"
and this proposal would expand it to include "for-profit" as well.
Commissioner Willett inquired if the ball fields would be multi-purpose (baseball, soccer, and field
hockey).
Mr. Steichen responded that The Eastlake Company is currently requesting just ball fields, however,
the Citywide ordinance would encompass any type of ball field (baseball, soccer, field hockey).
Commissioner Hall stated that having served on the Parks and Recreation Commission, along with
Cmr. Willett, based on first-hand knowledge he would strongly recommend that staff consider
separating softball fields and soccer fields because soccer is a much rougher, high-impact sport
that take a considerable toll on the field. He strongly recommends separating the fields, which
unfortunately will require more acreage and increase the demand.
Public Hearing Opened 7:00.
No public input.
Public Hearing Closed 7:00.
Commissioner McCann stated he wholeheartedly supports this amendment and feels very strongly
that this is a step in the right direction because based on conversations he's had with the
constituency, the shortage of ball fields is very high on everyone's concern list.
Additionally, he is fully supportive of any measure that would enable a fast-growing community
such as Chula Vista that has a large percentage of families within the child-bearing years, to satisfy
the increasing demand for affordable, quality, child-care facilities.
MSC (McCann/Willett) (6-0-0-1) that the Planning Commission adopt resolution recommending
that the City Council adopt the draft Ordinance approving amendments to Chula Vista Municipal
Code Chapters 19.04 Definitions, and Chapter 19.48 P-C Community Zone of the Chula Vista
Municipal Code. Motion carried.
ATTACHMENT 2
19.48.025 Commun~ purlx~e facifi~es-~inlmum ac:reign requ.~ed-F~u.,~'~ed use~.
All land in each P-C zone, or any section thereof, shall pro. de adequate land designated as
"Communky Purpose Facilities (CPF)', as del'reed in Section 19.05.055.
B. A to~l of 1.39 acres of net usable land (including setbac]~) per 1,000 population shall be so
designated for such facilities in any planned community, and shall be so designated ia the sectional
planning area (SPA) P]an(~.) and planned communit~ dhlx/c~ regulations of each planned
communiv]. This total a~reage requirement may be reduced only if the city council determines, in
conjunction with its adoption of a SPA plan, Chat a lesser amount of land is needed, based on
availability of shared parking with other fac/]ities, or other community purpose facilities that are
guaranteed to be made available to the community, A~y shared parking arrangements pursuant to
thh secton shall he gu _a~nteed regard]ess of any fu~re changes in occupancy of facilities.
The required CPI: acreage shall have a CPF, community purpose facilities, land ase designation. All
uses shah requl~e a conditional use permit; the following land uses can be considered as
conditionally pemit~ed uses:
1. Bo~ Scouts, G~rl Scouts, and other similar organizations;
2. 5odal and human service activities, such as Alcoholics Anonymous;
3. Services for homeless;
4. Services for mLlitaxy personnel during the holidays;
5. Senior care and reoceation;
6. Worship, spiritual growth and development, and teaching of traditional family values;
7- Day care facilities that are ancillary to any of the above;
8. Private schools that axe ancillazy to any of the above;
9. Interim uses, subject to the fmdlngs outlined in 19.48.025 (E).
10. Recreational facilities, such as ball fields, for non-profit organizations serving the local
: community, subject to the requirements outlined ia 19.48.004 (B)(6)(d).
D. Criteria outlining the siting, property development standards, and operational parameters such as
location building setbacks, maintenance and design, and hours of operation, shall be incorporated
into the SPA's ptaaned community di~txict regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority
make certain findings, as outlined herein:
Conditional Interim Uses Permitted After I:ive Years. The city council, upon receiving the advice and
recommendation of the planning commission may, after five years of non-use as a commnlxity
purpose facility after the issuance of the first certificate of occupancy on a s~a-ucture ia SPA Plan
areas, ia accordance with the procedures for issuani:e of conditional use permits con,~i-ed in
Chapter 19.14 of this code, conditionally permit interim, non-permanent non-residential uses which
are not community purpose fadlity uses that council finds (1) the interim use to be compatible with
the surrounding land uses (2) that the community purpose facility use is not imminently likely; and
(3) that denial of an interim use would constitute a further hardwhip-to the landowner. If an
interim use is permitted by the city council, it shall in no event be terminable within said five year
(R 6/98) 1236
IL/
ATTACHMENT 3
19.04.055 Community purpose fa61ity.
7Community purpose faci]i~ means a su'ucture or site for certain non-profit assembly or recxeafion
purposes, as well as ancillary, uses such as a parking lot, within a planned community. Typical uses include:
Boy Scouts, GLrl Scouts and other similar organizations, social and human services such as Alcoholics
Anonymous, services for homeless, services for military personnel during the holidays, senior ~a~e and
recreation, and worship, spiritual growth and development and teaching of ~raditional family values, and
recreational ball fields. See Section 19.48.025(C) for a complete listing of com,~unity purpose facility uses.
(Ord 2732 §5 (part), 1998; Ord 2452A §1, 1991).
ATTACHMENT 4
19.48.040 Application-General development plan required-Contents required.
A. The application shall include a general development plan which shall consist of a plan diagram and
tex~ The application shall be accompanied by the required fee(s). The plan diagram shall show
[he following:
1. The topographic character of the land;
2, Any major grading intended;
3, The general location of all existing and proposed uses of the land;
4. The approximate location of all traffic ways; except those solely serving abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed natural
land; and,
6. - The approximate location of different residential densities of dwelling types.
B. The application shall include a texl which indicates:
1. Desexlption of the project, including the boundaries and names of proposed sectional
planning areas;
2. The anticipated sequential development of each section of the development for which
specific uses are intended or for'which sectional planning area plans will be submit'~ed;
3. The approximate area of each sectional planning area of the development and the area of
each separate land use;
4. For residential development or residential areas of any P-C zone development:
The approximate number of dwelling units proposed hy tTpe of dwelling. This may
be stinted as a range with maximum and minimum number of units of each type,
1237 (R6/98)
b- The approximate total population antidpated in the entire development and in each
sectional planning area. This may be stated as a range with a maximum and
minimum number of persons,
c. The general criteria relating to height, open space, and building coverage,
d. The number of dwelling units per gross acre proposed for each sectional planning
area of the development,
e. The approximate land area and number of sites proposed for public use of each
.type,
f. Where appropriate, the approximate retail sales area space in square feet and gross
area in 'acres proposed for commercial development with standards of off-street
parking and landscaping and circulation for vehicles and pedestrian;
S. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional planning area thereof,
b. Anticipated employment in the entire development and in each sectional planni,~g
area thereof. This may be stated as a range,
e. Methods proposed to control or limit dan'gerous or objeetiunable elements, if any,
which may be caused or emitted by proposed uses. Such dangerous or
objectionable elements may include fire, explosion, noise or vibration, smoke, dust,
odor, or other form of air pollution, heat, cold, dampness, electric or other
disturbance, glare, liquid or solid refuse or waste or other substance, condition or
element which might adversely affect the surrounding area,
d. The approximate standards of height, open space, buffering, landscaping, pedestrian
and vehicular circulation, off-street parking and loading proposed for the intended
sla"uctures or uses;
Foi institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each sectional planni,~g
area thereof,
b. Significant applicable information with respect to enrollment, residence,
employment, patients, attendance, and other pertinent social or economic
characteristics of development,
c. The approximate standards of height, open space, buffering, landscaping, pedesu-ian
and vehicular circulation, off-street parking and loading, proposed for the intended
structures or uses.
.f~ Determination of the amount of acreage required to be designated for 'community
purpose facilities' ptu~uant to Section 19.48.020(e). Where recreational ball fields
are desired as a conditional use in CPF land use di~triet~, a mCPF master plan.'
showing the specific boundaries of the plan and ex, ting and proposed distribution
of CPF nses within a SP~, GDP or overall phulned community shall be considered
and approved by the director of planning and incorporated as part of the planned
community's general development plan(s), ball fields shall not utilize more than
25% of the overall SPA, GDP or planned community CPF acreage requiremenL No
(R 6/98) 1238
park credit shall be granted for recreational ball fields in developments uffiizing this
option.
The CPF master plan boundaries may be the SPA, GDP or planned community
boundaries (more than one GDP as deemed appropriate by the director of planning.
(Ord 2732 §5 (part), 1998; Ord 2506 §1 (part), 1992; Ord 2452A 33. 1991; Ord 1854 §5 (part), 1979; Ord
1826 §1 (pan)~ 197.8; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(1)).
19.48.O50 F'mdings r~quired for recommendation of estmbli~hment.
'XX The planning commission, after public hearing as provided in Sections 19.12.010 throu
of this ~3e, may recommend the establishment ofa P-C zone; provided it £mds that the facts s
the app~ax~n and presented at the heating establish by clear and convincing evidence
A. The p .ro~osed development as described by the general development plan is ' with the
· ' of the Chuia Vista general plan.
B. A pJanned ~ent can be initiated by establishme or sectional
planning ; within two years of the establishment of the mu. trity zone.
C. In the case of residential development, constitute a residential
environmem harmony with or provide'
compatible varier of the sun'ounding that the sites proposed for public
facilities, such as schools, and
and appear acceptable to
D. In the case of that such development will be appropriate in
area, location, and over-all that the design and development
standards are such as to of sustained desirability and
stability; and, that sud vet performance standards established by this title.
E. In the cage of institutional, other similar nonresidential uses, that such
development will be appropriate E and over-all planning to the purpose proposed,
and that surrounding areas are adverse effects from such development.
F. The streets and are suitable a adequate to carry the anticipated R'affic
thereon.
G. Any can be justified econO~nically at the location(s) proposed
and will ~61i ies of the types ne~d at such proposed location(s).
H. The area said development can be planned and zoned inX~oordination and substantial
compatibility said development.
(Ord 2732 35 (part)/ 998; Oral 1854 35 (part), 1979; Oral 1826 31 (part), 1978; Ord~281 §2 (parr), 1970;
Ord 1212 31 (p~,~ 769; prior code 333.520(C)(2)).
19.48.060 / P-C zone-Planning comm;.g:;ion actiOIL
Following a public hearing, and upon making the required findings, the planning commis~i,on shall
make a recommendation to the city council for approval or modified approval of a proposed P-C zoh~and
1239 (R 6/98)
ATTACHMENT 5
4.0 GOAL, OBJECTIVES & POLICIES
The goal and objectives of the Chula Vista Child Care Element reflect the City's desire to
achieve 'quality child care services for those persons in need residing or working in the City.
The Element's comprehensive needs' analysis and identification of issues form the basis from
which Chula Vista developed the goals, objectives, and action plans to address child care needs.
Thus, the goals and objectives presented in this section detail specific statemems of policy
regarding what should or should not take place during the course of the City's development.
5A-15
Child Care Element
The policies and implementation measures in this section have been established to promote and
guide the provision of Child Care facilities within the City of Chula Vista. It should be
recognized that each of ~ese policies and measures cannot be implemented immediately and that
staff availability and funding considerations will be determining factors in their timely
implementation. Because actual implementation will occur over time, individual projects may
be analyzed on the basis of how closely they meet the intent of the Child Care Element.
GOAL: ENCOURAGE SAFE AND AFFORDABLE GOOD QUALITY CHILD CARE
THAT IS AVAILABLE AND ACCESSIBLE TO ALL ECONOMIC
SEGMENTS OF THE COMMUNITY
OBJECTIVE 1: ENCOURAGE THE PROVISION OF ADEQUATE CHILD CARE
FACILITIES AND SERVICES TO MEET THE EXISTING AND
FUTURE NEEDS OF THE COMMUNITY.
OBJECTIVE 2: LOCATE CHILD CARE FACILITIES NEAR HOMES, SCHOOLS,
WORK PLACES, AND MAJOR TRANSIT FACILITIES AND
ROUTES.
OBJECTIVE 3: ENCOURAGE THE PROVISION OF QUALITY CHILD CARE FOR
ALL FAMILIES WHO NEED IT, REGARDLESS OF INCOME.
OBJECTIVE 4: PROMOTE THE SAFETY AND WELFARE OF CHILDREN IN ALL
CHILD CARE FACILITIES.
POLICIES AND IMPLEMENTING ACTIONS:
4.1 QUANTITY AND LOCATION OF CHILD CARE FACILITIES
Objective 1: Encourage the provision of adequate child care facilities and services to meet
the existing and future needs of the community.
Objective 2: Locate child care facilities near homes, schools, work places, and major
transit facilities and routes.
5A-16
Child Care Element
4.1.i Policies
1. The City shall support and assist efforts that ensure the availability of a variety of child
care facilities and services in appropriate quantity at the time and place of need.
2. The City shall support and assist in effoCts to detrme the role that new development plays
in the demand for child care, and the role it should play in the supply of child care
facilities.
3. The City shall' encourage the development of child care space within residential and
commercial development, projects, including new construction and reuse, to meet the
needs of residents and employees by adoption of employer/developer program incentives.
' 4. To effectively meet local demand, the City shall examine opportunities for amending its
zoning ordinance to encourage the provision of child care in all areas of the City.
5. The City shall consider the location of child care facilities at employment centers and
along transit routes to increase the accessibility of services to working parents and low
income families.
transit-dependent
6. The City shall work in partnership with the Chula Vista Elementary School District and
I other public and private school systems to evaluate opportunities for establishing child
care facilities and programs on or near existing and planned schools.
I 7. The City shall strive to maintain its role as a model employer by aggressively and
comprehensively exploring options available to meet the child care needs of its
i employees. The City should actively seek to demonstrate that employer-sponsored child
: care has a positive, beneficial and cost-effective influence on the work force.
I 8. The City shall work in partnership with non-profit organizations to encourage
development of affordable child care facilities as well.
!
!
!
5A-17
!
ATTACHMENT 6
Appendbx B
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial in~'erests, Payments,
or campaign contribufions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and ail other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is~ the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor~ material supplier.
2. If any person* identified pursuant to (l) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the padnership.
3. If any person* identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes No
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Councilmember in the current or preceding election period? Yes __ No __ If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL PAGES AS NECESSARY)/
Date: '~ //~/~ - dO [X' //~
(--~ nSt ur~o'f contractor/a~nt
Print or type name of contraclorlapplicant
~ Person is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, freaterrtal organization, corporation,
estate, trust, receiver, syndicate, this and any other county, city and country, city munictpality, district, or other po[itical subdivision, or any
other group or combination acting as a unit '
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTERS 19.04, DEFINITIONS,
AND 19.48, P-C PLANNED COMMUNTIY ZONE OF THE
CHULA VISTA MUNICIPAL CODE
I. RECITALS
A. Application for Discretionary Approval
WHEREAS, a duly verified application for an amendment to the Chula Vista
Municipal Code was filed with the Planning Department of the City of Chula Vista
on November 13, 2000, as a co-sponsored application between The EastLake
Company and the City of Chula Vista ("Applicant"); and,
WHEREAS, said application requests certain amendments to Chapter 19.04,
Definitions, and 19.48, P-C Planned Community Zone; specifically modification of
Section 19.04.055, to modify "community purpose facility" definition, modification
of Chapter 19.48, P-C Planned Community Zone, Section 19.48.025 to consolidate
and add language related to daycare facilities, and modification to Section 19.48.040
to increase percentage of ball fields permitted ("Zoning Ordinance Amendment");
and,
B. Environmental Determination
WHEREAS, the Environmental Review Coordinator has determined that, as a
procedural amendment, the project is exempt from the California Environmental Quality Act
(CEQA) under the General Rule Exemption section 15061(b)(3)(Review for Exemptions);
and
C. Planning Commission Record of Application
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on, and voted to recommend that the City Council approve the Project, based upon
the findings listed below.
D. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on March 6, 2001, on the Discretionary Approval
Application, received the recommendations of the Planning Commission, and heard
public testimony with regard to same; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNiNG COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on this project held on February 14, 2001, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that, as a procedural amendment, the
project is exempt from the California Environmental Quality Act (CEA) under the General Rule
Exemption section 15061 (b)(3)(Review for Exemptions).
IV. FINDINGS
The City Council hereby finds that the proposed amendments to the Chula Vista Municipal
Code will address a need for additional facilities for non-profit sports leagues within the eastern
territories of the City, further the goals and objectives of the Child Care Element of the Chula Vista
General Plan by providing for additional sites to accommodate for-profit day care facilities and
provide additional flexibility for developers in marketing their Community Purpose Facility sites.
The proposed amendments are consistent with the City of Chula Vista General Plan and public
necessity, convenience, general welfare, and good zoning practice support the amendments.
V. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments to the
Chula Vista Municipal Code, specifically to Chapter 19.04 and Chapter 19.48 as depicted in Exhibit
"A", attached hereto.
This ordinance shall take effect and be in full force and effect on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
Robert A. Leiter Jol~l/j~aheny 67~
Planning & Building Director City Attorney
H:\HOME\PLANNING~JEFF\ORDINANC\Ord PC ConununityZone.doc
EXHIBIT "A"
Community Purpose Facilities - Proposed Amendment Text
TEXT LEGEND:
New Text
Chapter 19.04
DEFINITIONS
19.04.055 Community purpose facility.
"Community purpose facility" means a structure or site for childcare, certain non-
profit assembly, or recreation purposes, as well as ancillary uses such as a parking lot,
within a planned community. Typical uses include: Boy Scouts, Gift Scouts and other
similar organizations, social and human services such as Alcoholics Anonymous, services
for homeless, services for military personnel during the holidays, senior or child care and
recreation, and worship, spiritual growth and development and teaching of traditional
family values, and recreational ball fields. See Section 19.48.025(C) for a complete listing
of Community Purpose Facility uses. (Ord 2732 {}5 (part), 1998; Ord 2452A {}1, 1991).
Chapter 19.48
P-C - PLANNED COMMUNITY ZONE
19.48.025 Community purpose facilities-Minimum acreage required-Permitted
uses.
A. All land io each P-C zone, or any section thereof, shall provide adequate land
designated as "Community Purpose Facilities (CPF)", AS DEFINED 1N SECTION
19.05.055.
B. A total of 1.39 acres of net usable land (including setbacks) per 1,000 population
shaI1 be so designated for such facilities in any planned community, and shall be so
designated in the Sectional Planning Area (SPA) Plan(s) and Planned Community
District Regulations of each planned community. This total acreage requirement
may be reduced only if the City Council determines, in conjunction with its
adoption of a SPA Plan, that a lesser amount of land is needed, based on availability
of shared parking with other facilities, or other community purpose facilities that
are guaranteed to be made available to the community. Any shared parking
arrangements pursuant to this section shall be guaranteed regardless of any future
changes in occupancy of facilities.
C. The required CPF acreage shall have a CPF, Community Purpose Facilities, land
use designation. All uses shall require a conditional use permit; the following land
uses can be considered as conditionally permitted uses:
1. Boy Scouts, Girl Scouts, and other similar organizations;
2. Social and human service activities, such as Alcoholics Anonymous;
3. Services for homeless;
4. Services for military personnel during the holidays;
5. Senior care and recreation;
6. Worship, spiritual growth and development, and teaching of traditional
family values;
7. Non-pr0fit or. for-profit day care facilities that are ancillary to any of the
above or as a p~ary use, For-profit facilities as prim~ use are sul~ject to
farther requirements and:additioaal criteria as outYmed in Section (F) below.
8. Private schools that are ancillary to any of the above;
9. Interim uses, subject to the findings outlined in 19.48.025 (E).
10. Recreational facilities, such as ball fields, for non-profit organizations
serving the local community, subject to the requirements outlined in
19.48.004(B)(6)(d).
D. Criteria outlining the siting, property development standards, and operational
parameters such as location building setbacks, maintenance and design, and hours
of operation, shall be incorporated into the SPA's Planned Community District
Regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the
approval authority make certain findings, as outlined heroin:
Conditional Interim Uses Permitted After five Years. The city council, upon
receiving the advice and recommendation of the planning commission may, after
five years of non-use as a community purpose facility after the issuance of the first
certificate of occupancy on a structure in SPA Plan areas, in accordance with the
(R 11/00)
It/-2/ 2
procedures for issuance of conditional use permits contained in Chapter 19.14 of
this Code, conditionally permit interim, non-permanent non-residential uses which
are not community purpose facility uses that council finds (1) the interim use to be
compatible with the surrounding land uses (2) that the community purpose facility
use is not imminently likely; and (3) that denial of an interim use would constitute a
further hardship to the landowner. If an interim use is permitted by the city council,
it shall in no event be terminable within said five year period except upon one year's
advance notice of intent to terminate said conditional use permit by the city council.
City council shall give such one year notice upon being advised of a sale or lease by
at the owner to purchaser or tenant for use as a community-purpose facility.
F_ Findings. Approval of for-profit daycare facilities as a primary use shall be based
upon evidence determined to be sufficient by the Cit2,~ indicating that the CPF site
has been marketed for a period of 5 years for CPF land uses (other than for-profit
day care) as defined in Section 19.48.025 (C). The Director of Planning and
Building may waive this time restriction if the remaining CPF acreage within the
same SPA plan consists of at least 4 contiguous acres.
Review by City Council. For each approved sectional planning area plan on which
is designated one or more community purpose facility uses, the City Council shall
review said plan annually for the purpose of determining the actual market interest
in the purchase or lease of said land so designated and the marketing activity
associated therewith.
(Ord 2732 §5 (part), 1998).
19.48.040 Application-General development plan required-Contents required.
A. The application shall include a general development plan which shall consist of a
plan diagram and text. The application shall be accompanied by the Required
Fee(s). The plan diagram shall show the following:
1. The topographic character of the land;
2. Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4. The approximate location of all traffic ways; except those solely serving
abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and
undisturbed natural land; and,
3
6. The approximate location of different residential densities of dwelling
types.
B. The application shall include a text which indicates:
1. Description of the project, including the boundaries and names of proposed
sectional plarming areas;
2. The anticipated sequential development of each section of the development
for which specific uses are intended or for which sectional planning area
plans will be submitted;
3. The approximate area of each sectional planning area of the development
and the area of each separate land use;
4. For residential development or residential areas of any P-C zone
development:
a. The approximate number of dwelling units proposed by type of
dwelling. This may be stated as a range with maximum and
minimum number of units of each type,
b. The approximate total population anticipated in the entire
development and in each sectional planning area. This may be
stated as a range with a maximum and minimum number of persons,
c. The general criteria relating to height, open space, and building
coverage,
d. The number of dwelling units per gross acre proposed for each
sectional planning area of the development,
e. The approximate land area and number of sites proposed for public
use of each type,
f. Where appropriate, the approximate retail sales area space in square
feet and gross area in acres proposed for commercial development
with standards of off-street parking and landscaping and circulation
for vehicles and pedestrians;
5. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional
planning area thereof,
(R n/O0)
4
b. Anticipated employment in the entire development and in each
sectional planning area thereof. This may be stated as a range,
c. Methods proposed to control or limit dangerous or objectionable
elements, if any, which may be caused or emitted by proposed uses.
Such dangerous or objectionable elements may include fire,
explosion, noise or vibration, smoke, dust, odor, or other form of air
pollution, heat, cold, dampness, electric or other disturbance, glare,
liquid or solid refuse or waste or other substance, condition or
element which might adversely affect the surrounding area,
d. The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street parking
and loading proposed for the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each
sectional planning area thereof,
b. Significant applicable information with respect to enrollment,
residence, employment, patients, attendance, and other pertinent
social or economic characteristics of development,
c. The approximate standards of height, open space, buffering,
landscaping, pedestrian and vehicular circulation, off-street parking
and loading, proposed for the intended structures or uses.
d. Determination of the amount of acreage required to be designated
for "community purpose facilities" pursuant to Section 19.48.020(c).
Where recreational ball fields are desired as a conditional use in
CPF land use districts, a "CPF Master Plan," showing the specific
boundaries of the plan and existing and proposed distribution of
CPF uses within a SPA, GDP or overall Planned Community shall
be considered and approved by the Director of Planning and
incorporated as part of the Plmmed Community's General
Development Plan(s), Ball fields shall not utilize more than 25%
35% of the overall SPA, GDP or Planned Community CPF acreage
requirement. No park credit shall be granted for recreational ball
fields in developments utilizing this option.
The CPF Master Plan boundaries may be the SPA, GDP or Planned
Community boundaries (more than one GDP as deemed appropriate
by the Director of Planning.
(R 11/00)
(Ord 2732 §5 (part), 1998;.Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5
(part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969;
prior code §33.520(C)(1)).
(g l/oo)
COUNCIL AGENDA STATEMENT
Item ]~"
Meeting Date 03/20/01
ITEM TITLE: a) Report: Update on Proposed Cultural Arts Center Feasibility Study
b) Resolution Amending the Consultant Services
Agreement with The Alford Group, Inc. to prepare a fundraising
feasibility study for the proposed Cultural Arts Center, waiving the
consultant selection process as impractical, and appropriating $25,850
from the available fund balance in the General Fund
SUBMITTED BY: Deputy City Manager Palme~
REVIEWED BY: City Manager ~.~o~- (4/5ths Vote: Yes x No__)
At its August 22, 2000 meeting, the City Council, acting as the Redevelopment Agency,
approved an amended contract with Economics Research Associates (ERA) to provide
consulting services for downtown strategic planning relating to a proposed cultural arts center.
ERA subcontracted with Milford Wayne Donaldson, Architect to provide architectural expertise
for this project. Council directed staff to look specifically at the feasibility of converting the
former Cinemastar complex from a movie theater to a community cultural arts facility. The
theater complex has been listed for sale, and was closed for business in July 2000.
A number of individual meetings with local arts organizations and two public town hall meetings
were held to garner information from the arts community. Surveys were also sent to local arts
groups to further gauge support and interest in using and/or attending such a facility, should it be
located in the downtown area of Chula Vista or anywhere in the City. Three draft concept plans,
with two alternatives, have been developed, along with cost estimates to construct these
improvements. The Cinemastar complex was used as the architectural framework for ERA's
analysis, but the concepts and types of uses proposed could be modified, constructed and
operated at other appropriate sites.
Before bringing the final ERA report forward to Council, staff recommends hiring The Alford
Group, Inc. to further test the conceptual plans and to assist staff in determining the feasibility of
raising funds through grants and donations to partially or wholly fund the construction and
ongoing operational costs of a cultural arts center, should Council recommend undertaking such
an effort in the future. The Alford Group is currently under a $35,000 contract with the City to
provide resource development (fundraising) consulting services for the Library and Nature
Center,
This action does not coaunit the City Council to proceed with development of the proposed
cultural arts center, but will provide more information upon which to make a final decision. The
Alford Group reports that this step (further testing of the waters) is not uncommon in a feasibility
study of this type and staff believes that it is a prudent measure to undertake at this time. The
Alford Group findings will be included when the full report on the feasibility of developing a
cultural arts Complex in the City is brought forward to City Council.
Page 2, Item __
Meeting Date 03/20/01
Attachment A is the proposed amendment to the existing consultant services agreement.
RECOMMENDATION: Accept the report on the update of the proposed cultural arts center
and adopt the resolution amending the consultant services agreement with The Alford Group,
Inc. to prepare a fundraising feasibility study for the proposed cultural arts center, waiving the
consultant selection process, and appropriating $25,850 fi.om the General Fund.
BOARDS/COMMISSION: At its March 12, 2001 meeting, the Cultural Arts CoInmission
discussed the fund raising study and endorsed this effort to keep the project moving forward.
DISCUSSION:
Status and Update on the Cultural Arts Center Feasibili .ty Study
ERA's work on the project is nearly completed. The remaining tasks are to prepare a final
feasibility report and present the findings along with the draft concept plans to Council for
consideration. Outlined below is the work that has been done to date, along with a brief
description of the three concept plans.
Public Meetings and Meetings with Arts Groups
A public town hall meeting was held in September to gather information from the public as to
their interest in having a cultural arts center and what types of cultural arts should be featured in
such a center. Over 70 people attended this meeting, from representatives of various local arts
groups to downtown businesses and members of the general public. Based on the comments
made, a majority of those in attendance appeared to favor having a center that would be
community-based, family-oriented, multi-faceted, and multi-cultural.
The consultant, Bill Anderson from ERA, along with City staff held four meetings with focus
groups representing local arts organizations to get more information about their specific interest
in using such a center: how they could use it, when they would need to use it, what they would
need space-wise and design-wise, what income they could generate and currently generate, and
their ability to pay for use of such a facility. They were given surveys to fill out; those unable to
attend were mailed surveys. Groups and individuals that participated included OnStage
Playhouse, Friends of the Arts, Chula Vista Art Guild, Bonita Artists Potpourri, Chula Vista
Heritage Museum, Icarus Puppet Company, Christian Youth Theatre, Media Arts Center San
Diego, the San Diego Ballet, California Ballet, Ballet Folklorico Xochitl, PASACAT dance
group, Napual Ilima O'Kehaulani dance group, Neisha's Dance Academy, Keith Davis, the
director of the Ruth Chapman Center for the Performing Arts, Bill Virchis, professor and artistic
director, Southwestern College drama department and member of the Chula Vista Cultural Arts
Commission, Ron Bolles, the facilitator of the Chula Vista High School's Center for the Creative
and Performing Arts, Tracy Goodwin, the principal of Allen Elementary School, and Bonnie
Johnson, arts instructor at Kellogg Elementary School. A separate meeting was held with the
director of the Children's Museum of San Diego. The consultant also interviewed a sample of
11 San Diego regional arts organizations by telephone to determine their interest in presenting
programs in a proposed cultural arts center. All of these groups expressed interest in using a
cultural arts center, with varying degrees of interest, type of facility needed, and funding
Page 3, Item __
Meeting Date 03/20/01
resources. Additionally, the Downtown Business Association (DBA) as a group sent a letter
indicating its support for a downtown cultural arts center.
In addition, Mr. Anderson met individually with Dr. Zasueta fi:om Southwestern College, Dr.
Libia Gil from the Chula Vista Elementary School District, and Dr. Ed Brand from Sweetwater
Union High School District to find out their interest in using or sharing such a facility. The
Chula Vista Elementary School District expressed the strongest interest in using such a facility,
given their two arts magnets schools (Kellogg and Allen) and their lack of having a facility
dedicated or designed for performance and art display. Southwestern College has an arts gallery
and a performing arts auditorium (Mayan Hall) and studios for art classes. The High School
District currently operates the Ruth Chapman Center for the Performing Arts, has an auditorium
at the middle school in i~ancho del Rey for performances, is planning on building an auditorium
and art studios at Chula Vista Middle School, and is considering building an auditorium with fly
loft at Chula Vista High School. As verified by the college's and high school district's
representatives and as expressed by many of the arts groups, the facilities located on school
grounds are given to school groups as the first priority, with few dates available for outside
groups to rent the space.
Based on the comments received from the town hall meeting and these individual meetings and
from surveys received, the consultants prepared three very different concept plans for a cultural
arts center, which were presented at a second town hall meeting held in late October.
Approximately 55 people attended this meeting. The concept plans presented are briefly
described below.
Concept Plans for the Center
One of the concept plans provides space for a 9,140 sq ft children's museum as the main tenant,
with additional space for a 176 seat black box theater (a theater with seating on all sides that can
be staged differently depending on the type of performance, such as the Cassius Carter Theater in
Balboa Park), two classroom studio spaces with wood floors, a multi-media theater and
classroom with 126 seats for showing film and video, a lobby with gallery space, small caf6, gift
and book shop, outdoor gallery and display area, and space for up to two retail operators or two
additional classrooms/studios. The approximate cost to convert the Cinemastar site to this type
of center is $3 million, t The estimated annual net operating cost is $440,000, based on expenses
of $570,000 and income of $130,000.
A second concept plan calls for the main tenant to be a 364 seat community theater space (with a
curtain drop in the seating area to provide a more intimate theater of 200 seats), with room for a
rehearsal space and "green room" that could also be used as a classroom/studio, a smaller
children's museum of 5,200 sq ft or the black box theater described above, and the remaining
uses as explained above. The cost for this version is roughly $4.2 - 4.8 million, depending on
the construction of a museum or theater.~ The estimated annual net operating cost is $550,000 -
$565,000, based on expenses of $700,000 - $740,000 and income of $155,000 - $180,000.
~ It is important to note that the cost estimates cited do not include land costs. The City does not own the
Cinemastar site or any other site currently believed to be appropriate for this project. Land costs will ultimately
need to be factored into the capital cost of developing the project.
Page 4, Item __
Meeting Date 03/20/01
The third concept calls for a new 660-seat performing arts theater with a second floor balcony,
lobby space on both floors, a large proscenium stage with a fly loft, which can accommodate
major scenery changes and large backdrops, and an orchestra pit. In this concept, space could be
provided for either the black box theater or smaller museum space. The other uses are the
rehearsal space and "green room" that could also be used as a classroom/studio, a multi-media
theater and classroom with 126 seats for showing film and video, a lobby with gallery space,
small caf6, gift and book shop, and outdoor gallery and display area. There is less space for
classrooms and studios in this plan. The approximate cost is $8.3 million.~ The estimated
annual net operating cost is $570,000 - $590,000, based on expenses of $760,000 and income of
$170,000 - $190,000.
Cultural Arts Center "Market"
One of the consultant's tasks was to look at the region's demographics in relation to a cultural
arts center. Those demographics of the regional market, which is defined as the Chula Vista city
limits, National City to the north and Imperial Beach and Otay Mesa to the south are shown
below:
· The proposed center's programs must attract people moving into eastern Chula Vista
· The regional market area is sizeable enough to support a cultural arts facility
· The large proportion of children and families in the regional market presents
opportunities for cultural education programming
· The relatively large proportion of seniors is a source of patronage and volunteerism
· The prices should be affordable, given the moderate-income levels in western Chula
Vista and older South Bay communities
Other Cultural Arts Centers Operations
As part of ERA's study, the consultant reviewed the operations and financial performance of
cultural arts centers in five other cities that had similar components to the proposed center.
Those cities and facilities are the Angels Gate Cultural Center in San Pedro, the Merced
Multicultural Arts Center in Merced, the Laguna Playhouse in Laguna Niguel, the Arvada Center
for the Humanities in Arvada, Colorado, and the San Jose Center for Latino Arts in San Jose.
The preliminary findings are: · Educational and visual arts centers operate with smaller budgets
· Operating budgets increase significantly when a center offers performing arts
programming
· Annual use, event days, and visitation also increases significantly when a center has an
aggressive performing arts program
· Models exist for nonprofit ownership and operation, government ownership and
operation, and government ownership with nonprofit operation
t It is important to note that the cost estimates cited do not include land costs. The City d~es not own the
Cinemastar site or any other site currently believed to be appropriate for this project. Land costs will ultimately
need to be factored into the capital cost of developing the project.
Page 5, Item __
Meeting Date 03/20/01
· All centers cover only a portion of their operating costs from earned revenue and need
annual unearned income from public and private grants, donations, in-kind services to
cover operating costs.
· None of the centers cover capital costs with earned income.
· Few centers have significant operating endowments, but all wish they had.
Given the proposed costs for the construction and operating costs not covered by revenue and the
consultant's findings regarding demographics of the region and operational information from
other cultural arts centers, staff feels it is appropriate to find out the potential for fundraising to
help pay for these costs, as part of the information gathering process prior to coming to Council
with a recommendation regarding this project. Staff recommends hiring a firm already on
contract with the City for fundraising consulting work.
The Alford Group, Inc. Proposed Consultant Services Agreement
The Library and Nature Center, via the City's Purchasing Agent, hired The Alford Group, Inc.
on November 1, 2000, after advertising and sending out a Request for Proposals/Qualifications
(RFP/RFQ) in July 2000, reviewing submittals from four firms, and interviewing two firms. The
firm successfully completed a solicitation campaign during the winter holidays for the Library,
which resulted in receipt of over $10,000 in donations. The firm is currently working with the
Nature Center to draw up a campaign strategy to raise funds to renovate the popular shark and
bat ray exhibit. Staff has been impressed with their work to date and their extensive background
in preparing fundraising studies for a variety of organizations. The firm is well qualified to assist
staff with the proposed cultural arts center, given their experience in doing fundraising feasibility
studies for the Balboa Theatre Endowment Fund, Inc., and other non-profit organization, as well
as their current experience in fundraising work with the City. Accordingly, staff is
recommending that the City Council waive the consultant selection process of Municipal Code
Section 2.56.110 as impractical because of the selection process that staff used to hire the firm
initially and because the work being requested is essentially the same as was contemplated in the
original RFP/FRQ.
The proposed amendment to the consultant services agreement is for $25,850 for the
performance of the following work:
· Develop a Case Prospectus, in which a brief summary of the project is given, along with
information about who the project would serve and the benefit to the community;
· Establish a Feasibility Study Committee to provide direction and oversight to the
feasibility study process;
· Help identify potential donors and campaign leaders; develop questions and conduct
interviews of selected donor prospects, campaign leaders, and focus groups to determine
their interest in the project, and their opinion as to the feasibility and need of such a
project at this time;
· Analyze the findings;
· Prepare an impartial report with the findings, analysis, and recommendations as to the
feasibility of the project, identification of potential financial support, preparation of a
preliminary campaign outline, or measures the City would need to take in order to
prepare for a future campaign, if the project is found to be infeasible at this time.
Page 6, Item __
Meeting Date 03/20/01
The critical issues that the consultant will be examining during the feasibility study are Image
and Appeal, Financial Support, Volunteer Leadership, Internal Readiness, and Climate and
Timing. Some of the questions the consultant feels should be answered during the process are
the following:
· Is the Case Prospectus perceived to be compelling and urgent by the City's
constituencies?
· What constituencies would support the proposed campaign and at what levels?
· Is the City capable of handling the additional demands of the proposed campaign?
· Which of the various use options for the proposed facility do interviewees prefer?
· Does the philanthropic climate exist to support the campaign?
Staff anticipates having a final report from the consultant by the end of June 2001, and then
coming to Council in late June or early July with a final report and recommendation on the
proposed cultural arts center, which incorporates the findings and recommendations of both ERA
and the Alford Group, Inc.
FISCAL IMPACT: The cost for the proposed amendment to the consultant services agreement
with the Alford Group, Inc. for the fundraising feasibility study is $25,850, to be funded by the
General Fund.
Construction of improvements for a cultural arts center is estimated to cost between $3 million
and $8.3 million, depending on the components of the proposed center.2 Possible financing
sources suggested by ERA include using tax increment financing, forming a public/private
partnership with a developer whereby the developer contributes to the costs in exchange for
development rights and subsidy for redevelopment, forming a joint-venture development with
another interested public agency, using City General Funds, and undertaking a private capital
fundraising campaign (the feasibility of which is the subject of this report). Staff will be
exploring these funding options, as well as Community Development Block Grant funds, State
and Federal competitive grant funds, and long-term financing. All of this will be included in the
final report to Council on the proposed cultural arts center.
The operating costs of the proposed cultural arts center that are not covered by income,
depending on the concept plan, range from $440,000 to $590,000 per year. According to the
Finance Department, based on current projections, the General Fund may not have sufficient
operating r6venues to fund these additional costs, while also maintaining current service levels in
all other areas and addressing the added debt service cost for financing a new police facility,
which could lead to budget recommendations for decreases in service levels or temporary
decreases in reserve levels.
File: C:~VIY DOCUMENTS\CULTARTSL4.LFORD GROUP CULT ARTS AGENDA STMT
2 Does not include land costs.
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE CONSULTANT SERVICES AGREEMENT
WITH THE ALFORD GROUP, INC. TO PREPARE A FUNDRAISING
FEASIBILITY STUDY FOR THE PROPOSED CULTURAL ARTS
CENTER, WAIVING TIlE CONSULTANT SELECTION PROCESS
AS IMPRACTICAL, AND APPROPRIATING $25,850 FROM THE
GENERAL FUND
WHEREAS, at its August 22~ 2000 meeting, the City Council, acting as the Redevelopment
Agency, approved an amended contract with Economics Research Associates (ERA) to provide
consulting services for downtown strategic planning relating to a proposed cultural arts center; and
WHEREAS, ERA subcontracted ~vith Miltbrd Wayne Donaldson, Architect to provide
architectural expertise for this project and Council directed staff to look specifically at the feasibility of
converting the former Cinemastar complex from a movie theatre to a community cultural arts facility; and
WHEREAS, a number of individual meetings xvith local arts organizations were held, two public
town hall meetings were held, and surveys were sent to local arts groups to gauge support and interest in
using and/or attending such a facility and three draft concept plans, with two alternatives, have been
developed, along with cost estimates to construct these improvements; and
WHEREAS, Staff recommends hiring The Allbrd Group, Inc., who is currently under a $35,000
contract with the City to provide resource development (fundraising) consulting services for the Library
and Nature Center, to assist staff in determining the feasibility of raising funds through grants and
donations to fund partially or wholly the construction of a cultural arts center, should Council recommend
undertaking such an effort; and
WifEREAS, it is recommended that the consultant selection process be waived as impractical
because staff has been impressed with the work performed by The Alford Group to date and the firm is
well qualified to assist staff with the proposed cultural arts center, given their experience in doing a
fundraising feasibility study Ibr the Balboa Theatre Endowment Find, Inc.; and
WHEREAS, Staff believes this is a prudent measure to undertake at this time and include this
consultant's findings when bringing forward the full report on the feasibility of developing a cultural arts
complex in the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby amend the Purchasing Agreement with The Alford Group, Inc. to prepare a fundraising feasibility
study for the proposed Cultural Arts Center, waive the consultant selection process as impractical and
appropriate $25,850 from the General Fund.
Presented by Approved as to form by
David Palmer Je{fln MT~heny / "xX { / '
Deputy City Manager C~y
[ [:~d Ionlc\Attomcy\Rs\All~rd ( h'oup
ATTACHMENT A
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA AND THE ALFORD GROUP, INC.
FOR RESOURCE DEVELOPMENT CONSULTING FOR THE
CHULA VISTA PUBLIC LIBRARY AND THE CHULA VISTA NATURE CENTER
THIS AMENDMENT (Amendment) is entered into as of March 20, 2001, by and
between the City of Chun Vista (City), a municipal chartered corporation of the State of
California, and The Alford Group, Inc. (Consultant).
RECITALS:
WHEREAS, the City approved an agreement with the Consultant dated
November 1, 2000 (Agreement) for resource development consulting for the Chula Vista
Public Library (Library) and the Chula Vista Nature Center; and
WHEREAS, the City desires to further amend the Agreement to revise the scope
of work to include additional items required by the City related to fundraising feasibility
for a proposed cultural arts center under the auspices of the Library; and
WHEREAS, City staff cannot perform the work outlined above due to a lack of
expertise in fundraising.
NOW, THEREFORE, the Agmeme ~t is hereby amended as follows:
1. Exhibit A, Section 8A, is hereby an ended to add the following to the Detailed
Scope of Work and Schedule:
III. Proposed Chula Vista Cultural Arts Center
a. Meet with key staff to outline the process, define roles and establish
timelines and determine individuals for the study committee, interviews
and focus groups by April 16, 2001.
b. Meet with key staff to assess the internal readiness for the proposed
campaign.
c. Develop an initial Case Prospectus for the proposed project by the first
meeting of the Study Conmfittee.
d. Help identify prospects and begin educating and cultivating potential
campaign leaders and donors by June 15, 2001.
e. Develop questions for individual interviews and focus group meetings, to
be regiewed by the City Attorney's Office.
/5 ,.
f. Conduct at least 25 confidential interviews of selected donor prospects by
June 15, 2001.
g. Conduct at least 2 lbcus group meetings by June 15, 2001.
h. Prepare a written mid-point status report by May I, 2001.
i. Compile and analyze data.
j. Establish a Feasibility Study Committee as part of a Campaign Leadership
Development component. This Committee will provide direction and
oversight to the Study process. Committee members will review the initial
draft Case Prospectus, identify prospects for interviews, provide
introductions for prospective interviewees where appropriate, review the
Feasibility Study findings and recommendations, and recommend the final
report to the City. This process will provide the opportunity to begin
educating ad cultivating prospective volunteer leadership and donors. The
Afford Group will
a. Work with the City to identify and recruit selected individuals to
become members of the Feasibility Study Committee.
b. Plan and facilitate three Feasibility Study Committee meetings.
c. Educate Committee members about the campaign process and the
role of volunteer leadership.
k. Prepare and present a comprehensive written report including findings,
analysis and recommendations by June 15,200l. The report will also
identify potential volunteer and financial support, and include a
preliminary campaign outline. It the study reveals that the proposed
campaign is not feasible at this time, The Alford Group will outline the
reasons why and include specific recommendations to prepare the City for
a possible future campaign.
1. During the Feasibility Study, the Consultant will examine the critical
issues, as shown in Exhibit B.
2. Exhibit A, Section 10 is hereby amended as follows:
Materials and Activities Required to be Supplied by the City to Consultant:
The following are activities that will be required of the City and volunteers, with
guidance from the Consultant:
Meet with the Consultant as necessary.
Provide the Consultant with all project materials.
Help identify and recruit Feasibility Study Committee members
Help identify individual and focus group interviewees.
Assist the Consultant in developing/refining the Case Prospectus.
Schedule all individual and focus groups interviews
Send "thank you" letters to all interviewees.
Schedule and provide clerical staff support at Feasibility Study Committee
meetings, including room arrangements, meeting notices, meeting minutes and
other correspondence.
Review and respond to the Feasibility Study findings and recommendations.
Copy and distribute the final consultant's report as necessary.
3. Exhibit A, Section 11 is hereby amended to add the following to the
Compensation:
Single fixed Fee Amount: $25,850 for the proposed Cultural Arts Center, payable
as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Signing of amendment by both parties 1/3 of cost or $8,600
Submittal of mid-point status report (Item 8A (III) (h)) 1/3 of cost or $8,600
Completion/presentation of final report (Item 8A (III)(k) 1/3 of cost or $8,650
4. Except as expressly provided herein, all other terms and conditions of the
Agreement shall remain in full force and effect.
END OF AMENDMENT
SIGNATURE PAGE FOLLOWS
Signature Page
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF CHULA VISTA AND THE ALFORD GROUP, INC.
FOR RESOURCE DEVELOPMENT CONSULTING FOR THE
CHULA VISTA PUBLIC LIBRARY AND THE CHULA VISTA NATURE CENTER
CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
John M. Kaheny, City Attorney
The Alford~, Inc.
Roderick L. Reinhart, CFRE
The Alford Group, Inc.
EXHIBIT B
Critical Issues
During the Feasibility Study, The Alford Group will examine the following issues critical
for campaign success including Image and Appeal, Financial Support, Volunteer
Leadership, Internal Readiness, and Climate and Timing.
Image and Appeal
· What is the current level of understanding and acceptance of THE CITY's plans for
conducting the proposed campaign?
· Is the Case Prospectus perceived to be compelling and urgent by THE CITY's
constituencies?
· Can the Case Prospectus be enhanced or changed to better reach targeted
constituencies?
Financial Support
· Are the various campaign goals appropriate? If not, what would be more realistic
and achievable campaign goals?
· What constituencies would support the proposed campaign and at what levels?
· Who are the individuals, foundations, corporations and/or other organizations most
likely to provide initial lead and major gifts to the proposed campaign?
· Should planned gifts be included as a method for reaching the proposed campaign
goal?
· Should multi-year pledges be included as a giving option?
Volunteer Leadership
· Who should be involved in the proposed campaign's volunteer leadership?
· What volunteer structures would be needed to achieve the goals?
· Would there be adequate campaign volunteer leadership to support the proposed
campaign?
Internal Readiness
· Is THE CITY prepared to respond to questions and issues that potential funding
sources may want addressed?
· Is THE CITY capable of handling the additional demands of the proposed
campaign?
· Are there internal processes that need to be strengthened before embarking on the
proposed campaign?
· Will additional staff be needed to manage the proposed campaign?
· Will THE CITY be able to accurately record, acknowledge and track contributions to
the proposed campaign?
City of Chula Vista March 8, 2001
Proposal for Service / ~ Page 6
Climate & Timing
· Is it appropriate to conduct the campaign at this time? If not, what would be a more
appropriate time?
· Which of the various use options for the proposed facility are preferred by
interviewees?
· What would be the recommended timetable for the campaign?
· Does the philanthropic climate exist to support the campaign?
· Are there similar campaigns that will conflict with THE CITY's proposed campaign?
City of Chula Vista March 8, 2001
Proposal for Service Page ?
MAR 2 0 ??~;
March 21 2001 COUNCIL OFFICES
' CHULA VISTas. CA
To the Mayor and City Council Members:
We are unable to attend the City Council meeting this evening but
we would like to communicate to each of you that we
enthusiastically support the idea of a Cultural Arts Center on
Third Avenue. The Center that has been proposed would benefit
the entire community, a rare idea. We have spoken with several
neighbors in the Rosebank area and they are very excited by the
idea as well. Because we live on the west side of 805, we are
particularly interested in seeing some positive enhancements in
the area. The proposed Center would also enhance Third Avenue.
Third Avenue has the potential to be an interesting and quaint
downtown district, but it desperately needs something to attract
people. Office buildings on H Street, will increase traffic, and at
best offer a few restaurants some lunch business. The Cultural
Arts Center, on the other hand, has the potential to positively
effect both the individuals who live in Chula Vista, and the city
itself. Please give it your support.
Thank you for your attention,
Frank and Susan Luzzaro
95 D Street
Chula Vista, CA. 91910
Year dthe,
~.~L: ,~ ~ , .~- ..... ~-. California
Campaign to Increase Pu c A areness of the Arts
Mission Statement
The power and influence of the arts can be seen and felt in all aspects of our
lives. The mission of The Year of TheArts 2001 is to educate and inform
the public about the value and positive impact of the arts on California's
future---on its economy, the education of its children, the health of its com-
munities, and the breadth and scope of the rich diversity of the arts through-
out the state.
The Year of the Arts 2001 is a celebration of California's historical valua-
tion of, and commitment to, its creative advantage. It is no accident that the
entertainment and high-tech industries had their genesis here, for California
has long enjoyed a global cachet as the place to be if you wanted to make an
idea reality. The arts are the infrastructure of the ecosystem that supports
and nurtures California's creative spirit. It is that spirit which has made Cali-
fornia the sixth-largest economy in the world.
California Arts Council 1300 I Street, Suite 930 Sacramento, CA 95814
Ca a gn to lnc se Pub c A 'dreness the Arts Arts ¢ou c ,
Frequently Asked Questions
How do the arts benefit California?
· California has an unparalleled legacy of leadership in the arts and creativity. The power and
influence of the arts can be seen and felt in all aspects of our lives---economically, socially and
educationally. The arts provide California's competitive edge.
How do the arts benefit California's economy?
· Nonprofit arts contribute more than $2.5 billion to California's economy, and $100 million in
state and local tax revenues.
· The arts provide over 150,000 jobs statewide--52,000 more jobs than Cahfornm s elemen ary
and secondary schools.
· California's entertainment industry generates $13.5 billion and employs 164,000 high-wage
workers; the arts, design and creativity are key components of success in these industries.
· Recent research shows a direct correlation between arts education and economic benefits. It
has been found that young people who learn the rigors of planning and production in the arts
become valuable employees in California's idea-driven work force. Teamwork, flexibility and
creativity as taught by the arts are needed in an increasingly competitive job market.
· The arts in California are a strong attraction for tourists, generating nearly $360 million in
spending annually. For every dollar spent producing arts events, $11 is spent on transportation,
parking, hotel stays, restaurant dining, shopping, and other ancillary spe~ding.
· The arts develop essential skills including risk-taking, team-problem solving, out-of-the-box
thinking, creativity, perception and imagination, which fuel California's high-tech and enter-
tainment industries, the state's most economically lucrative sectors.
· ' ' and
· The arts build community pride, revitalize neighborhoods and downtown areas m declme,
provide a sense of uniqueness and identity to large and small communities alike.
· The arts attract world-class talent to California, which in mm attracts and keeps corporations.
· The current shortage of skilled employees in the entertainment, multimedia and technology
industries has forced California's businesses to hire abroad, weakening our state's position in
California Arts Council 1300 I Street, Suite 930 Sacramento, CA 95814
the global marketplace. Promoting creativity in our schools would help build a base of creative
thinkers and problem solvers better prepared for employment in the global information age.
· The presence of the arts in comnaunities increases home values, which results in higher local tax
bases and directly benefits our children's schools.
What is the impact of the arts on academic performance,
social development and lifelong learning?
· There are strong correlations between involvement in instrumental music during the middle and
high school years and higher mathematics proficiency. Additionally, involvement in theatre arts
correlates to higher reading proficiency.
· While learning in other disciplines may often focus on developing a single talent or skill, the
arts utilize multiple skills and abilities. Through visual arts, dance, music, theater and other
disciplines, cognitive, social and personal skills are developed and nurtured.
· The arts develop an awareness of different ways of perceiving and thinking, and build respect
for other viewpoints, cultures and heritages promoting tolerance; this engenders a team-ori-
ented and collaborative environment.
· The arts teach innovative hands-on learning and job skills, while building self-esteem and em-
phasizing excellence and creative self-expression.
· The arts cultivate social and academic skills, such as critical thinking, decision making, team-
oriented problem solving and risk taking, which contribute to a productive work force.
· The arts provide avenues for lifelong learning and enhance the quality of life for everyone,
especially youth and the elderly.
How do the arts benefit at-risk and under-privileged youth?
· The arts reach many students who are not successful in the traditional school model by address-
ing different styles of learning, perspectives, cultures, and imagination in a non-threatening
environment. The arts motivate students, reduce absenteeism and disruptive classroom behav-
ior, and allow alienated students to perceive education as relevant.
· Community arts programs provide resources for youth to succeed and create safe places where
at-risk children can develop constructive relationships with peers and participate in interactive
programs with adult role models, counteracting gang activity and drug use.
· The arts provide a reason, sometimes the only reason, for students who have been disengaged
from school and other community organizations to become active and involved.
· Arts partnership programs give at-risk and under-privileged youth access to resources needed
for workplace success, such as universities, schools, places of worship, businesses and social
service agencies.
The Year '" th .e rts
: ~ ' C~liforn~a
Campaign : Awareness oJ Arts Arts C
THE ARTS AND OUR ECONOMY
-Nonprofit arts contribute $2.5 billion in economic activity, 150,000 j ohs, and nearly $100 million in state and local
-An additional 500,000 jobs are provided by the commercial entertainment sector. ARTSWORK: A CattforAns Education
-California's entertainment industry generates $13.5 billion and employs 164,000 high-wage workers. Business,
-The arts in California are a strong magnet for tourists, resulting in nearly $360 million of spending on in-state
transportation and lodging, generating more than 5,200 jobs and almost $200 million in employee income. Adapted
-An estimated 500,000 professional artists live and work in California--more than any other state.
THE ARTS AND TECHNOLOGY
-Automotive design is a $47 million business for California, with 16 major design studios employing more than 400
people on a full-time basis, rheArts: A Competitive Advantage For California, 1994
-The high-tech industry represents 14 percent of California's total economy and 20 percent of the state's profits.
Business, Technology and the Arts - California '$ Competitive Advantage, 1998
-Partnerships between technology and creative industries are increasing. The most notable example of cooperation
between technology, business and the arts is the multimedia industry. Of the 1,089 multimedia companies in the
U.S. in 1996, almost half were in California. Business, Technolo~y and the Arts- Caitfornia~s Competitive Advantage, 1998
-The high-tech industry pays 30 percent to 60 percent more per worker than the state average. Business, Technology and
the Arts - California's Competitive Advantage, 1998
-There are more than 28,839 high-tech companies in California, providing 834,709 jobs. CMifornia: A
laboratory experimen~ Upside Today, August 9, 2000
-Due to the shortage of digital effects-trained and Web production-trained personnel in the state, California busi-
nesses currently are forced to recruit abroad and even establish foreign design companies in order to secure the
necessary skilled work force. Digital Coast Round Table, 1995
California ArtsCounol 130015treet, SuJte930 Sacramento, CA 95814
-Since 1990, the number of high-tech college degrees awarded has dropped seven percent. American Electronics
Association California Public Policy 2000 Legislative Agenda.
ARTS IN EDUCATION
-Arts education funding has been in a state of continuing crisis for decades, in great part due to the fiscal shortages
that resulted from the passage of Proposition 13 in 1978.
-According to the College Board, SAT scores in 1995 for students who studied the arts for more than four years were
59 points higher on the verbal and 44 points higher on the math portion than students with no coursework or
experience in the arts.
-In a majority of school districts, only 10-25 percent of students participate in some form of arts education. Catifornia
Basic Educational Data System Reports, 1996.
-No district in California has more than 50 percent of its students involved in arts education. California Basic Educational
Data System Reports, 1996.
-A survey of arts teachers in four selected counties (Santa Clara, Santa Cruz, San Francisco, and Ventura) found that
in most school districts an average of only two percent of all teachers were qualified arts teachers. The highest rate
was seven percent. California Basic Educational Data System Reports, 1996.
-California ranks 50m among the states in the ratio of music teachers to students. California BasicEdueationalDataSysten*
Reports, 1996.
-Youth involved in arts programs are more likely to work with other young people to build community resoumes.
They also are also more likely to attend one or more institutions of higher learning and are more active in their
community places of worship, neighborhood centers and unions. Champions of Change: The Impact of the Arts on Learning,
Edited by Edward B. Fiske, published by the President's Committee on the Arts and Humanities, March 2000.
-Research has found a significant relationship between children involved in expansive arts programs and increased
creative, cognitive and personal skills needed for academic success. "High-art" youngsters are more likely than their
"low-art, counterparts to view themselves as competent in academics, particularly in language and mathematics, and
are more likely to have a rapport with their teachers. Champions of Change: The Impact of the Arts on Learning, Edited by
Edward B. Fiske, published by the President 'S Committee on the Arts and Humanities, March 2000.
-There are strong correlations between involvement in instrumental music during the middle- and
high-school years and higher mathematics proficiency. Additionally, involvement in theatre arts correlates to higher
reading proficiency. Champions of Change: The Impact of the Arts on Learning, Edited by Edward B. Fiske, published by the President 's
Committee on the Arts and Humanities, March 2000.
-The arts provide a reason, sometimes the only reason, for students who have been disengaged from schools and
other community institutions to re-engage in educational and other community organizations. Champions of Change: The
Impact of the Arts on Learning, Edited by Edward B. Fiske, published by the President's Committee on the Arts and Humanities, March 2000.
-Arts partnership programs give at-risk and under-privileged youth access to resources needed for workplace
success, such as universities, schools, places of wurship, businesses and social service agencies. Champions of Change:
The Impact oftheArts on Learning, Edited by Edward B. Fiske, published by the President's Committee on the Arts and Humanities,
March 2000.
AM ERICANSj °
The YouthARTS Development Project is a national research and demonstration study in which arts
programs for at-risk youth in three cities (Atlanta, Portland, and San Antonio) were evaluated for their
effectiveness by researchers provided by the U.S. Department of Justice. Sponsored by Americans for
the Arts, National Endowment for the Arts and the U.S. Department of Justice, this controlled research
study demonstrates that arts programs decrease youth's involvement in delinquent behavior, increase
academic achievement and improve youth's attitudes about themselves and their future:
Skills
· Increased ability to express anger appropriately, to communicate effectively with adults and peers and to
work cooperatively with others.
· Increased ability to work on tasks from start to finish, which is vital for both academic and vocational
SUCCESS.
Attitudes and Behavior
· Decreased frequency of delinquent behavior than their nonparticipating peers.
More likely to show improvement in their attitudes toward school, self-esteem and self-efficacy than am
nonpadicipating youth.
Court Involvement
· Fewer new court referrals during the program period compared with nonparticipating youth.
· New offenses committed during the program period tended to be less severe than those committed prior to
the program.
Research conducted between 1987 to 1998 reveals that when young people work in the arts for at least
three hours on three days of each week throughout at least one full year, they show heightened
academic standing, a strong capacity for self-assessment, and a secure sense of their own ability to
plan and work for a positive future for themselves and their communities.
4 times more likely to have been recognized for academic achievement
· Being elected to class office within their schools more than 3 times as often
· 4 times more likely to participate in a math and science fair
3 times more likely to win an award for school attendance
· 4 times more likely to win an award for writing an essay or poem
Source: Dr. Shirley Brice Heath, Stanford University, for Carnegie Foundation For The Advancement of Teaching
Percentage of the nation's 4,000 local arts agencies using the arts to address youth-related issues:
Youth at risk: 57.3% Arts in education programming: 89.3%
Crime prevention: 29.1% Artists in schools: 61.1%
Cultural/racial awareness: 75.4% Curriculum design: 50.2%
Source: Americans for the Arfs
FOR MORE INFORMATION, CONTACT AMERICANS FOR THE ARTS: PHONE 202.371.2830 www.artsusa.oro,
Longitudinal data of 25,000 students reveal how involvement in the ads is linked to higher academic
pedormance, increased standardized test scores, more community service and lower drop-out rates. These
cognitive and developmental benefits are reaped by students regardless of their socioeconomic status (SFS).
Students with high involvement in the arts have.., Students in
Increased Academic Performance A~I Students Lowest SES Quartile
1%v°'ie% t
Earn mostly AS and Bs in English 79,2% 64.2% 64.5% 56.4%
Score in top 2 quartiles on standardized tests 66.8% 42.7% 29.5% 24.5%
Score in top 2 quartiles in reading 70.9% 45.1% 43.8% 28.4%
Score in top 2 quartiles in reading proficiency 66.5% 43.1% 43.8% 28.4%
Score in top 2 quartiles history, geography 70.9% 46,3% 41.6% 28,6%
and citizenship
Students with high involvement in the arts have,.. Students in
Lower Dropout Rates All Students Lowest SES Quar61e
Arts Involvement IArts Involvement
High Low I High r Low
Drop out of school by grade 10 1.4% 4.8% 6.5% 9.4%
Students with high involvement in the arts... Students in
Perform More Community Service All Students Lowest SES Quadile
Rarely perform community service 65.2% 86.0% 65.2% 86.0%
Students with high involvement in the arts have... Students in
More Productive Behavior All Students Lowest SES Quartile
} I
Watch 1 hour of less TV on weekdays 28.2% 15.1% 16.4% 13.3%
Watch 3 hours or more TV on weekdays 20.6% 34.9% 33.6% 42.0%
Source: Dr. James S. Catterall, Graduate School of Education and Information Studies, UCLA
Data from the College Entrance Examination Board show lhat students who take four years or more of ads and
music classes while in high school score better on their SAT than students who took only one-half year or less.
The tollowing describes how many points better the ads students scored as compared to the non-ads students.
Ads Students Outperform Non-Ads Students:
Average Points Better on SAT Scores
90 ~
85
80
75
7o
1995 1996 1997
Source: College Entrance Examination Board
For more information, contact Americans for the Arts: Phone 202.371.2830 www.artsusa.or.q
27 Million U.S. Travelers Len,qthen Their Trips Because of Culture
Partners in Tourism commissioned the Travel Industry Association of America to add a series of
questions to its August 1998 National Travel Survey. The purpose was to determine the length of
time that travelers extend their trips because of cultural activities or events. This included travelers
who added time either when they were planning the trip or while on the trip. This study
underscores the importance of arts and culture as an effective product for tourism professionals to
market their communities both domestically and internationally.
92.4 Million Travelers Included Culture on their Trip
Forty-six percent of the 199.8 million U.S. adult travelers (92.4 million) included a cultural, arts,
heritage, or historic activity while on a trip of 50 miles or more, one-way, during the past year.
Visiting a historic site such as a historic community or building was the most popular cultural
activity among travelers (31 percent), followed by visiting a museum (24 percent), visiting an art
gallery (15 percent) and seeing live theater (14 percent).
Percentage of 199.8 Million U.S. Travelers that Included
Cultural Events on Trips During the Past Year
Any Cultural
Historic S ire -
Museum
Ad Gallery-
Live Theater
Heritage/Ethnic Festival
Opera/Classical Concert
Dance Performance'
Film F eslival
Poetry/Literary Reading'
Other Concert
Other Cultural Activit
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
26.7 Million Travelers Lenqthened their Trip Because of Cultural Events and Activities
Of the 92.4 million travelers that included a cultural activity while on a trip during the past year, 29
percent (26.7 million adults) added extra time to their trip because of this cultural activity or event.
Of those 26.7 million travelers who added time: Length of Time Added by 26.7 Million Travelers
that Extended their Trip Because of Cutture
· 61 percent added part of one day 'f'nree or
· 30 percent added one night Nights Nights
· 5 percent added two extra nights 5% 4%
· 4 percent added three or more extra nights Or~ Extra
Night part of One
61%
The Nonprofit Arts in America: A $37 Billion Industry
.Question: What do these diverse types of arts organizations have in common?
The Metropolitan Opera... the Miami City Ballet... the Los Angeles Philharmonic... folk
music societies... Minnesota Public Radio... weaving societies.., historical museums...
choral groups.., even arts service organizations.
Answer: They are all nonprofit arts organizations and are distinct from for-profit arts
organizations and unincorporated arts organizations.
What is a Nonprofit Organization?
In Managing A Nonprofit Organization~, author Thomas Wolf defines the term nonprofit
organization as the following: those legally constituted, nongovernmental entities, incorporated
under state law as charitable or not-for-profit corporations that have been set up to serve some
public purpose and are tax-exempt according to the IRS. All must have the following five
characteristics:
1. Have a public service or mission
2. Be organized as a not-for-profit or charitable corporation
3. Governance structures must preclude self-interest and private financial gain
4. Be exempt from paying federal tax
5. Possess the special legal status that stipulates gifts made to them are tax deducible
40,000 Nonprofit Arts Organizations in the U.S. (and Growing)
According the National Endowment for the Arts' 1992 report, Arts in America 1992, the number
of nonprofit arts organizations in the United States increased from 7,732 in 1965 to 33,544 in
1992. Today it is estimated that there are more than 40,000 nonprofit arts organizations in the
United States (more than 500 percent growth in 33 years).
Sources of Revenue Estimated Sources of Revenue
While there is no single study that documents the
sources of revenue for the entire nonprofit arts industry, Nonprofit Arts Industry
estimates can be made based on existing data. In the FederalGovt.
American Assembly's The Arts and Public Purpos6¢, it was ~_. ~ Individuals
noted that, "Not-for-profit organizations cannot 'earn' all the - 39%
money it takes to sustain their operations; they Earned Income ~~
have to raise on the order of half of their revenues
:-':- State Govt.
through contributions and grants." 1.5%
The chart to the right was developed by Americans for the Corporations Foundations 3%
2.5%
Arts to accompany Michael Jordan's white paper to the National 3°/°
Policy Board in 1997.
1 Wolf, Thomas, Managing a Nonprofit Organization, Prentice Hall Press, New York, NY, 1990.
2 The American Assembly, The Arts and the Pubfic Purpose, The 92nd American Assembly May 29-June 1, 1997,
Columbia University, New York, NY, 1997.
1
LAAs Using the Arts to Address
Community Development Issues, 1999
50 Largest U.S. Cities
Since 1996, 100 percent of the ads councils in the 50 largest U.S. cities have been using the ads
to address social, educational and economic development issues. This is an increase from 88
percent in 1994 and from approximately 20 percent in 1986. In 1999, 74 percent of the USUAF
addressed five or more community development issues, down from 78 percent in 1998.
LAAs address these community development issues through both their own programming as well
as through the programs and services of their grantees. The following table indicates the
percentages of USUAF members that provide programs on a paticular issue, or fund programs
that address these issues.
I
-~ Addressed Addressed I Addressed
Through a Through aI Through
Community Development Issue 1999 Program Grantee Both 1998
Cultural/Racial Awareness 96% 56% 68% 34% 96%
Youth at Risk 86% 52% 54% 28% 88%
,nomic Development 78% 58% 38% 26% 88%
Crime Prevention 66% 22% 50% 12% 66%
Substance Abuse 56% 8% 48% 6% 58%
Literacy 56% 16% 42% 6% 56%
AIDS 56% 10% 48% 4% 52%
Environment 52% 22% 34% 6% 60%
Homelessness 40% 8% 38% 8% 42%
Housing 34% 18% 16% 4% 46%
Teen Pregnancy 34% 6% 28% 2% 38%
Other 16% 12% 8% 6% 20%
Five or more 74% 78%
Source: Americans for the Arts, 2000 15
SPECIALISTS FOR FEASIBILITY STUDIES FOR CULTURAL ARTS CENTERS
ROBERT BAILEY
AMS/WEST
PETALUMA CA.
707-778-8445
LOUISE STEVENS
ARTS MARKET CONSULTING
BOSMAN, MONTANA
406-582-7466
nformational tem
March 15, 2001
File No. STM-344
TO: The Honorable Mayor and City Council
VIA: Dawd J. Rowlands Jr., C~ty Manager{J:~l ~
FROM: John P. Lippitt, Director of Public Works~
SUBJECT: Road Closure of Olympic Parkway Between Brandywine Avenue and Oleander
Avenue from March 26, 2001 for approximately six weeks to Expedite the
Construction of the Six-Lane Roadway
On November 14, 2000, City Council approved Resolution No. 2000-416 awarding the contract
for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine Avenue"
project to West Coast General Corporation. The general scope of the project involves the
widening of Olympic Parkway to full six-lane roadway standards and the construction of a sound
wall. This project is necessary for the opening of Olympic Parkway between Brandywine Avenue
and Paseo Ranchero, which is currently being constructed by the Otay Ranch Company.
Engineering Division staff estimates that the Brandywine Avenue to Paseo Ranchero segment will
be completed in late-May 2001. However, this segment cannot be opened until the Brandywine to
Oleander segment roadway improvements are completed.
Under the current two-phase construction schedule for the Brandywine Avenue to Oleander
Avenue segment, full opening of the six-lane roadway between Paseo Ranchero and Oleander
Avenue will occur at the end of July 2001, assuming no further delays. The project is currently
six weeks behind schedule, primarily because of delays caused by poor weather conditions.
The contractor and staff have explored ways to fully open Olympic Parkway to the public sooner
than the end of July 2001. Temporarily closing Olympic Parkway between Brandywine Avenue
and Oleander Avenue will enable the City's contractor to more effectively and efficiently complete
his construction activities and fully open the roadway four to five weeks sooner than currently
scheduled. During the closure period, traffic will be detoured south to Sequoia Street and north to
Palomar Street (see attached map). Chula Vista Transit and all emergency services will be
adeqUately accommodated during the closure period.
Under the current schedule, the Concord Way entrance to the Brandywine Classics condominiums
will be severely inconvenienced for eight to ten weeks from the end of May to the end of July and
only minimal access will be provided to the condominiums during this period. Further, the
condominium residents will experience the inconvenience of the construction activities for the next
four and-a-half months. Closing the roadway will enable the contractor to work on both sides of
the roadway simultaneously, compress the work schedule and reduce the inconvenience to the
condominium residents by about a month and one-half. The City's right-of-way consultant, Rick
The Honorable Mayor and City Council Page -2- March 15, 2001
Ryals, has discussed the temporary closure with the Homeowners Association's (HOA's) Board.
The HOA's Board understood the benefits of closing Olympic Parkway, but did not express a
preference for either closing the roadway or keeping it open. On Wednesday, March 21, the
attached "Road Closure Notice" will be posted on each condominium resident's door to inform
them of the roadway closure. The notice includes assurances that all emergency services will be
fully available and maintained during the roadway closure and that access to the condominiums
will be assured at all times via Brandywine Avenue.
Finally, Engineering staff contacted the Police Department to determine if the closure will have an
impact on Coors Amphitheater concert traffic. Although the amphitheater's schedule is not yet
firm, it is not anticipated that any major events will occur prior to May 15.
The purpose of this memorandum is to advise the City Council of said closure in accordance with
Council Policy No. 576-15, which requires that Council be notified in advance of a request to
close a street for major construction work.
If Council has no objections to said street closure at the Council meeting on Tuesday, March 20,
staff will proceed with delivering the notice as indicated above and the closure on Monday, March
26, 2001.
Attachments (2)
/kpa
c: Jeri Gulbransen, Public Information Coordinator
Jim Zoll, Assistant Police Chief
Jim Hardiman, Fire Chief
Andy Trujillo, Transit Coordinator
Police and Fire Dispatch
II:\ItOM[ ~,[ NGINI I;R',AGI!NDA',Olympic Parkway ( Io~urc inf, doc
CI]Y OF
CHUIA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
To Brandywine Classics Residents
Road Closure Notice
IOlympic Parkway - Brandywine Avenue to Oleander Avenue
As you know, the City has been working to improve Olympic Parkway adjacent to
your homes. We are well aware of the frustrations and inconveniences to which
you have been subjected. For that reason, the City has explored with our
contractor ways to expedite the construction and more quickly get out of your way.
Temporarily closing Olympic Parkway between Oleander Avenue and Brandywine
Avenue to all traffic will enable the City's contractor to more effectively and
efficiently complete his construction activities. This closure will shorten the
overall time frame for completion of the project by approximately four to five
weeks. During this time period, you are asked to detour your trips to either Sequoia
Street or Main Street on the south, or East Palomar Street to the north.
Therefore, Olympic Parkway between Brandywine Avenue and Oleander Avenue
will be temporarily closed to all traffic for approximately six weeks, beginning
Monday, March 26, 2001. During this period of time, all emergency services will
be fully available and maintained. Also, access to your homes will be assured at
all times via Brandywine Avenue.
We apologize for this inconvenience, but would like to assure you that City staff
and the contractor will do what we can to alleviate any problems that may arise due
to this closure.
If you have any questions regarding this closure, please call Kirk Ammerman,
Senior Civil Engineer, at (619) 476-5380 or (619) 585-5737.
Thank you.
276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691-5021