HomeMy WebLinkAboutAgenda Packet 2001/07/24
CITY COUNCIL AGENDA
July 24, 2001 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council
Patty Davis
Stephen C. Padilla
Jerry R. Rindone
Mary Salas
Shirley A. Horton, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
John M. Kaheny
City Clerk
Susan Bigelow
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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 17 or Chula Vista Cable Channel 47
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AGENDA
July 24, 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
SPECIAL ORDERS OF THE DAY
· PRESENTATION OF A PROCLAMATION TO LYNN SHARP UNDERWOOD,
BUSINESS COMMUNITY LIAISON, COMMENDING SAN DIEGO JOB CORPS
CENTER UPON TWENTY-TWO YEARS OF DEDICATED SERVICE
CONSENT CALENDAR
(Items I through 8)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak "form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES ofJune 28 and July 10, 2001.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of her knowledge from
observance of actions taken in Closed Session on July 17, 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. Letter of resignation from Maryellene Deason, member of the Board of Library
Trustees.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately in accordance with the Maddy Act.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PLANNED COMMUNITY DISTRICT REGULATIONS AND
LAND USE DISTRICT MAP FOR 748 ACRES COMMONLY KNOWN AS THE
EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, LOCATED EAST OF
THE EASTLAKE BUSINESS CENTER AND SALT CREEK OPEN SPACE
CORRIDOR, BETWEEN THE FUTURE ALIGNMENT OF PROCTOR V ALLEY
ROAD AND OLYMPIC P ARKW A Y (SECOND READING AND ADOPTION)
The applications filed by The EastLake Company request approval of the third and final
development phase of EastLake, which involves two residential neighborhoods known as
the Woods and Vistas, and an elongated-shaped lot referred to as the "panhandle" parcel.
The Woods and Vistas, combined, encompass 748 acres, with a capacity for 2,061
dwelling units and support land uses such as parks, schools, recreation trails, a fire
station, open space and other amenities. The proposed land plan redistributes the same
land uses and residential densities previously adopted for this area in a more
comprehensive and detailed land plan. The rearrangement of land uses and changes in
densities and permitted number of dwelling units requires an amendment to the City's
General Plan and the existing EastLake III General Development Plan, as well as
adoption of a new Sectional Planning Area (SPA) plan to provide development
parameters and design standards. The applications also include amendments to the
parameters and design standards, and to the existing Eastlake II General Development
Plan, EastLake Greens and EastLake Trails SPA plans, and associated regulatory
documents to modify the adopted Comprehensive Affordable Housing Program and
Community Purpose Facilities Master Plan. This ordinance had its first reading on July
17, 2001. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 35 M.P.H. SPEED LIMIT ON PALOMAR STREET, BETWEEN
INDUSTRIAL BOULEVARD AND BROADWAY, AND AMENDING SCHEDULE X
OF THE REGISTER AS MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
(SECOND READING AND ADOPTION)
Based on the provisions of California Vehicle Code Section 40803, and pursuant to
authority under Chula Vista Municipal Code Section 10.48.020, the City Engineer has
determined that, based on a traffic engineering study, the speed limit on Palomar Street
between Industrial Boulevard and Broadway should be decreased from the existing
posted 40 M.P.H. to 35 M.P.H. The ordinance had its first reading on July 17, 2001.
(Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF A DRAINAGE EASEMENT WITHIN
LOT 9 OF MAP NO. 14187 AT 1250 GRANITE SPRINGS DRIVE
Page 2 - Council Agenda
07/24/0 I
A request has been received to vacate a drainage easement belonging to the City within
the property located at 1250 Granite Springs Drive, also known as Lot 9 of Map No.
14187, owned by The Eastlake Company. In accordance with Chapter 4, Section 8335 of
the California Streets and Highways Code, this type of vacation may be performed
summarily through adoption of a resolution ordering said summary vacation. Section
66477.5(c) of the Subdivision Map Act states that if a local agency determines that the
public purpose for which the dedication was required does not exist, it shall re-convey the
property to the subdivider or successor-in-interest, as specified in the subdivision. The
easement will be draining a private open space lot; therefore, no public easement is
needed. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE SAN DIEGO TRANSIT CORPORATION, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT
At its meeting of February 27, 2001, Council approved the agreement between the City
and San Diego Transit Corporation for fixed-route bus service by exercising the option
for the period of July 1, 2001 through June 30, 2002. Additionally, on July 18, 2000,
Council approved the City's participation in the regional consolidation of Transportation
Development Act funds. As part of the consolidated budget process for Fiscal Year 2002,
City transit staff was granted $60,000 for an operator incentive bonus. The bonus will be
distributed to drivers who meet specific performance criteria, as determined by the
Transit Coordinator. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A COOPERATNE AGREEMENT WITH THE SOUTHWESTERN
COLLEGE SMALL BUSINESS DEVELOPMENT AND INTERNATIONAL TRADE
CENTER TO COORDINATE AND AVOID DUPLICATION OF SERVICES,
IDENTIFY GAPS, AND TARGET SERVICES TO FILL THOSE GAPS
The proposed agreement is similar to a previous one signed by Southwestern College
Small Business Development and International Trade Center and the City on November
25, 1996. In an effort to re-establish and solidify a partnering relationship with
Southwestern College, staff requests renewal of the agreement. If approved, the new
agreement will expire on July 1, 2002, and will be renewed annually. The scope of work
outlines a collaborative relationship between the aforementioned parties in the areas of
small business development, retention, and expansion services. (Director of Community
Development)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
07124/0 I
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL
ON AN AS-NEEDED BASIS FROM THE SOCO GROUP, INC., IN ACCORDANCE
WITH TERMS AND CONDITIONS OF A COOPERATNE AGREEMENT WITH
THE CITY OF SAN DIEGO, FOR A PERIOD OF ONE YEAR, BEGINNING
AUGUST 1,2001 THROUGH JULY 31, 2002, WITH OPTIONS TO RENEW FOR
FOUR ADDITIONAL ONE-YEAR PERIODS
Approximately 286,200 gallons of unleaded and 86,300 gallons of diesel fuel are
purchased annually for City use. In addition, approximately 140,000 gallons of diesel
fuel will be purchased for transit use. (Deputy City Manager Powell)
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.
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.
9. CONSIDERATION OF THE FORMATION OF THE DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID)
The establishment of a property-based Business Improvement District (PBID) for
Downtown Chula Vista is a top priority of the City's revitalization efforts in the urban
core. On May 1, 2001, the City acted to support the establishment of the Downtown
PBID and to sign the petition to contribute to the PBID for all City and Redevelopment
Agency properties within the proposed District. The City adopted a Resolution of Intent
to form the PBID on June 5, 2001, in accordance with state law and the successful
completion of the petition drive. The ballot proceedings that follow this action are the
subject of this public hearing. (Director of Community Development)
Staff recommendation: Council conduct the public hearing and adopt one of the
following resolutions:
Page 4 _ Council Agenda 07124/0 I
OR B.
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION, CONFIRMING THE DIAGRAM AND ASSESSMENT, AND
ESTABLISHING THE DOWNTOWN CHULA VISTA PROPERTY-BASED
BUSINESS IMPROVEMENT DISTRICT (PBID), PURSUANT TO THE
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION AND ABANDONING THE PROCEEDINGS TO LEVY AN
ANNUAL ASSESSMENT FOR THE DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT
10. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2001/2002
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 10
Based on the City Attorney's advice, agenda items 10 and 11 were separated from agenda
item 12 due to conflict of interest concerns. One Councilmember owns property subject
to the proposed assessment in this district. Council should note that agenda item 12 gives
all background information and details on open space districts in general, which are
applicable to this item, but does not include specific information on Open Space District
10. (Director of Public Works)
Staff recommendation: Council conduct the public hearing, direct staff to tally all
protests, authorize staff to determine assessments, and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES
TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE
ENGINEER'S REPORT, AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR OPEN SPACE DISTRICT NO. 10
11. CONSIDERATION OF TESTIMONY REGARDING THE FISCAL YEAR 2001/2002
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 14
Based on the City Attorney's advice, agenda items 10 and 11 were separated from agenda
item 12 due to conflict of interest concerns. One Councilmember owns property subject
to the proposed assessment in this district. Council should note that agenda item 12 gives
all background information and details on open space districts in general, which are
applicable to this item, but does not include specific information on Open Space District
14. (Director of Public Works)
Staff recommendation: Council conduct the public hearing, direct staff to tally all
protests, authorize staff to determine assessments, and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES
TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE
ENGINEER'S REPORT, AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR OPEN SPACE DISTRICT NO. 14
Page 5 - Council Agenda
0712410 I
12. CONSIDERATION OF TESTIMONY ON THE FISCAL YEAR 200112002 LEVY
AND COLLECTION OF ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 1
THROUGH 9,11,15,17,18,20,23,24,26,31 AND 33, BAY BOULEVARD, TOWN
CENTRE MAINTENANCE DISTRICTS, AND EASTLAKE MAINTENANCE
DISTRICT NO.1
The City administers 25 open space districts, which have been established over the last
thirty years. The districts provide the mechanism to finance the maintenance of common
open space areas (canyons, trails, medians, etc.) associated with and benefiting from that
particular development. As part of this process, a levy of an annual assessment is
necessary to enable the City to collect funds for proposed open space maintenance.
Council is considering two other items that will affect the open space maintenance
districts. One item (#9) pertains to the formation of a property-based Business
Improvement District (PBID) for Downtown Chula Vista. If the property owners
approve the PBID, it would take effect January 1, 2002, and the existing Town Centre
Maintenance District would be dissolved. The other item (#18) is for approval of an
agreement between the City, House of Blues and Knott's Soak City for maintenance of
landscape improvements within Open Space District 23 and the Main Street median. If
this agreement is approved, the district would not be dissolved, but the City would
discontinue collecting an assessment for the district for an indefinite period of time.
(Director of Public Works)
Staff recommendation: Council conduct the public hearing, authorize staff to determine
assessments for Fiscal Year 2002/2003 and adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES
TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE
ENGINEER'S REPORT, AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR OPEN SPACE MAINTENANCE DISTRICTS I
THROUGH 9,11,15,17,18,20,23,24,26,31 AND 33, BAY BOULEVARD,
AND EASTLAKE MAINTENANCE DISTRICT NO. I
AND
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE INTENT TO INITIATE DISSOLUTION PROCEEDINGS
FOR THE TOWN CENTRE MAINTENANCE DISTRICT
OR
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES
TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE
ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR TOWN CENTRE MAINTENANCE DISTRICT
Page 6 - Council Agenda
07124/01
13. CONSIDERATION OF ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTNE PARCELS OF LAND
AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
Municipal Code, Section 8.24.180 allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Deputy City Manager Powell)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS
UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
14. CONSIDERATION OF APPROVAL OF A TENTATNE SUBDIVISION MAP (PCS-
01-07) TO DEVELOP TWELVE LOTS FOR SINGLE-FAMILY HOMES AT THE
SOUTHERN TERMINUS OF CEDAR AVENUE (APPLICANT - TNT SERVICES)
The developer requests approval for a 12-lot subdivision, known as Cedar Park, at the
southern terminus of Cedar Avenue. The project site is located in an existing, single-
family residential zone, with a Montgomery-Specific Plan land-use designation of low-
medium density residential (6 - II dwelling units per acre), and a General Plan land use
designation oflow-medium residential. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE
SUBDNISION MAP FOR CEDAR PARK, A 2.43-ACRE, TWELVE LOT
SUBDNISION FOR SINGLE-FAMILY DWELLING UNITS LOCATED AT
THE SOUTHERN TERMINUS OF CEDAR AVENUE, CHULA VISTA
TRACT NO. CVT 01-07
BOARD AND COMMISSION RECOMMENDATIONS
15. REPORT FROM THE BOARD OF ETHICS RECOMMENDING ADOPTION OF A
LOBBYING ORDINANCE FOR THE CITY OF CHULA VISTA (CONTINUED
FROM JULY 17,2001)
At the Council meeting of March 6, 2001, Councilmember Salas requested the Board of
Ethics to consider whether the City would benefit from adopting a lobbying ordinance.
On May 15 and June 12,2001, the Board discussed the matter and is recommending that
the Council adopt a lobbying ordinance requiring individuals acting as municipal
lobbyists to register and submit a financial disclosure form. (Board of Ethics)
Board recommendation: Council adopt a lobbying ordinance.
Staff recommendation: Council accept the report and direct the City Attorney to prepare
an ordinance for consideration by Council at a future date.
Page 7 - Council Agenda
07124/01
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
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
16. REPORT AND PRESENTATION BY THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) REGARDING THE REGION2020 GROWTH
MANAGEMENT STRATEGY AND LOCAL INVOLVEMENT AND
IMPLEMENTATION
The San Diego Association of Governments (SANDAG) is holding a series of meetings
with local elected officials and City and County staff in the region's 18 cities and county
government regarding how to implement the REGION2020 Growth Management
Strategy. REGION2020 emphasizes applying smart growth principles to enhance the
quality of life in the San Diego region as it continues to grow. SANDAG is requesting
that REGION2020 be placed on a future City Council agenda to consider adoption of a
model resolution supporting the program and identifying specific commitments by the
City of Chula Vista. (Director of Planning and Building)
Staff recommendation: Council accept the report and direct staff to place REGION2020
on a future Council agenda for the purpose of considering adoption of SANDAG's model
resolution supporting the REGION2020 program, and considering the identification of
commitments that the City might make to implement Region 2020 locally.
17. CONSIDERATION OF APPROVAL OF AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA, HOUSE OF BLUES CONCERTS, INC. AND KNOTT'S SOAK
CITY U.S.A. FOR LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT 23
AND THE MAIN STREET MEDIAN BETWEEN NIRV ANA AVENUE AND
HERITAGE ROAD
House of Blues Concerts, Inc. (HOB) and Knott's Soak City U.S.A. (Knott's) in Chula
Vista are requesting the City to enter into an agreement to allow HOB and Knott's to
maintain the 1.4 acres of landscaping and improvements currently maintained within
Open Space District 23, and the 1.02 acres of landscaping and improvements within the
Main Street median between Nirvana Avenue and Heritage Road, versus conveying the
property to the City for maintenance under the City's Open Space section. (Director of
Community Development)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY, HOUSE OF BLUES
CONCERTS, INC. AND KNOTT'S SOAK CITY U.S.A FOR LANDSCAPE
MAINTENANCE OF OPEN SPACE DISTRICT 23 AND THE MAIN STREET
MEDIAN BETWEEN NIRVANA A VENUE AND HERITAGE ROAD
Page 8 - Council Agenda
07/24/01
18. CONSIDERATION OF ACCEPTANCE OF A REPORT AND ADOPTION OF
RESOLUTIONS REGARDING THE IMPLEMENTATION OF A TRAFFIC
ENHANCEMENT PROGRAM FOR THE CITY TO HELP RELIEVE TRAFFIC
CONGESTION AND MAINTAIN THE CITY'S GROWTH MANAGEMENT
TRAFFIC THRESHOLD STANDARD
The purpose of the item is to present a comprehensive traffic enhancement package that
will implement a program outlined to the City Council on May 31, 2001. The objective
of the three-part program is to address ongoing transportation issues in the City prior to
the construction of SR-125. The focus is reducing traffic congestion and meeting the
City's traffic threshold standard, while accommodating needed economic growth and
development to ensure that infrastructure and growth are in balance and the community's
quality of life standards are sustained. (Director of Public Works)
Staffrecommendation: Council accept the report and adopt the following resolutions:
A. REPORT ON IMPLEMENTATION OF A TRAFFIC CAPACITY
ENHANCEMENT PROGRAM FOR THE CITY OF CHULA VISTA TO HELP
RELIEVE TRAFFIC CONGESTION AND MAINTAIN THE CITY'S
GROWTH MANAGEMENT TRAFFIC THRESHOLD STANDARD PRIOR TO
COMPLETION OF SR-125.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $200,000 FROM THE INTERIM SR-125 DIF FOR
ENGINEERING, ENVIRONMENTAL, AND TRAFFIC ANALYSIS WORK
FOR THE INTERIM SR-125 ROADWAY PROJECT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING PROJECT STAFFING AND PROCESSING AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND BROOKFIELD SHEA OT A Y
LLC, THE EASTLAKE COMPANY, MCMILLIN OTA Y RANCH, LLC, OT A Y
PROJECT, L.P., AND APPROVING PROJECT STAFFING AND
PROCESSING AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND PACIFIC BAY HOMES, AND TRIMARK PACIFIC HOMES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE CONSULTANT SELECTION POLICY AND APPROVING A
TWO PARTY AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED
BETWEEN THE CITY OF CHULA VISTA AND MCGILL MARTIN & SELF,
INC., FOR PROJECT MANAGEMENT SERVICES FOR VARIOUS TRAFFIC
ROADWAY AND 1-805 FREEWAY INTERCHANGE IMPROVEMENTS,
AND AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
Page 9 - Council Agenda
07124/01
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE CONSULTANT SELECTION POLICY AND APPROVING A
TWO PARTY AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED
BETWEEN THE CITY OF CHULA VISTA AND LINSCOTT LAW &
GREENSPAN FOR TRAFFIC MODELING AND TRAFFIC ANALYSIS IN
CONJUNCTION WITH ENVIRONMENTAL REVIEWS FOR VARIOUS
TRAFFIC ROADWAY AND I-80S FREEWAY INTERCHANGE
IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER TO MAKE
MINOR AMENDMENTS TO SAID AGREEMENT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE CONSULTANT SELECTION POLICY AND APPROVING A
TWO.PARTY AGREEMENT SUBSTANTIALLY IN THE FORM
ATTACHED, BETWEEN THE CITY OF CHULA VISTA AND RECON FOR
ENVIRONMENTAL SERVICES FOR THE INTERIM SR-12S; AND
APPROVING A CONTRACT SUBSTANTIALLY IN THE FORM
ATTACHED, BETWEEN RECON, THE CITY OF CHULA VISTA, PACIFIC
BAY HOMES, AND TRIMARK PACIFIC FOR ENVIRONMENTAL
SERVICES FOR IMPROVEMENTS TO I-80S AND EAST "H" STREET
INTERCHANGE AND MT. MIGUEL ROAD, AND AUTHORIZING THE
CITY MANAGER TO MAKE MINOR AMENDMENTS TO SAID
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FINAL SAID AGREEMENTS
G. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WANING THE CONSULTANT SELECTION POLICY AND APPROVING A
CONTRACT SUBSTANTIALLY IN THE FORM ATTACHED, BETWEEN
DUDEK & ASSOCIATES, THE CITY OF CHULA VISTA, BROOKFIELD
SHEA OTAY, LLC, THE EASTLAKE COMPANY, THE MCMILLIN
COMPANY, THE OTAY RANCH COMPANY FOR ENVIRONMENTAL
SERVICES FOR IMPROVEMENTS TO I-80S AND TELEGRAPH CANYON
ROAD INTERCHANGE AND P ASEO RANCHERO EXTENSION, AND
AUTHORIZING THE CITY MANAGER TO MAKE MINOR AMENDMENTS
TO SAID AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL SAID AGREEMENT
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
20. MAYOR'S REPORTS
21. COUNCIL COMMENTS
Page 10 - Council Agenda
07/24/0 I
CLOSED SESSION
22. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6
. City Negotiator: City Manager
· Employee Organizations: Chula Vista Employees Association
ADJOURNMENT to the Regular Meeting of August 7, 2001, at 4:00 p.m. in the Council
Chambers.
Page 11 . Council Agenda
07/24101
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
July 18, 2001
To:
The Honorable Mayor and City Council
CI?'V\
Ann Y. Moore, Assistant City Attorney .
From:
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 7/17/01
The Redevelopment Agency of the city of Chula vista met in Closed
Session on 7/17/01 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property:
Assessor Parcel Nos. 568-270-03;
(approximately 2.85 acres located at the
corner of Fourth Avenue and F Street)
568-270-11
southeast
Negotiating
Parties:
City Council/Redevelopment Agency (Sid Morris/Chris
Salomone) and Chula Vista Center (Robert Caplan)
Under
Negotiations:
Price and terms for acquisition
The Assistant City Attorney hereby reports to the best of her
knowledge from the observance of actions taken in the Closed
Session in which the Assistant City Attorney participated, that
there were no reportable actions which are required under the Brown
Act to be reported.
AYM: 19k
J:\Attorney\LETTER\CLOSED SESSION No Reportable.
",\',"~"\L,'"".",,,\ "
JfI
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
,\% Posl-Con.u"""RecydedPapa,
July 16,2001 RECEIVED
"01 JL 18 Al0:47
To the City Clerk of Chula Vista:
CITY OF CHUlA illS T t:
61TY eI.ERl('S OFFICE
This letter is to inform you that I have resigned my position on the Library Board of Chula
Vista as of June 1, 2001. I have moved from the area and while I understand that I could
remain on the Board I feel it is hest to have members that live closer to the issues, as they
will have a greater understanding of all the ramifications. It has been a pleasure to work
with David Palmer and his staff and I wish everyone well with the new building projects.
Sincerely,
Maryellene Deason
;2/3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF~
VISTA APPROVING THE PLANNED COMMUNITY
REGULATIONS AND LAND USE DISTRICT MAP~ ACRES
COMMONLY KNOWN AS THE EASTLAKE III S PLANNING
AREA (SPA) PLAN, LOCATED EAST OE~ STLAKE BUSINESS
CENTER AND SALT CREEK OPEN SP A~RRIDOR, BETWEEN THE
FUTURE ALIGNMENT OF PROCTOR V ALLEY ROAD AND OLYMPIC
PARKWAY
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is
diagrammatically represented in Exhibit "A", and incorporated herein by this
reference, a copy of which is on file in the office of the City Clerk, and for the
purpose of general description herein consist of 748 acres commonly known as the
EastLake III Sectional Planning Area (SPA) plan, and located east of the EastLake
Business Center and Salt Creek open space corridor, between the future alignment
of Praetor Valley Road and Olympic Parkway ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 13, 2000, The Eastlake Company (Owner) filed
applications with the Planning and Building Department of the City of Chula Vista
requesting amendments to the City of Chula Vista General Plan, Eastlake II and III
General Development Plans (GDP) and Eastlake Greens and Trails Sectional
Planning Area (SPA) Plans. The applications also requesl approval of a new
Sectional Planning Area (SPA) plan and associated regulatory documents,
including: I) Planned Community District Regulations; 2) Design Guidelines; 3)
Public Facilities Financing Plan; and 4) Comprehensive Affordable Housing
Program for 748 acres known as the Eastlake III SPA ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, prior discretionary action of the development of the EastLake III
portion of the Project Site has been the subject matter of: 1) a prior General Plan
amendment resulting in the current land use designations on the Chula Vista
General Plan in conjunction with EastLake III and previously approved by City
Council Resolution No. 15412 on December 5, 1989; 2) a prior General
Development Plan resulting in the current land use designations shown on EastLake
III General Development Plan, previously approved by City Council Resolution No
15413 adopted on December 5, 1989; 3) The Olympic Training Center Sectional
Planning Area (SPA) Plan and Public Facilities Financing Plan approved by City
Council Resolution 15599 on May I, 1990 and amended by City Council
Resolution] 7326 on December 7, 1993; and,
~?)-
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
Project on June 27, 2001, and voted to recommend that the City Council approve
the Planned Community District Regulations text and Land Use Districts Map for
EastLake III in accordance with the findings listed below.
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this Project held on June 27, 2001, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City ofChula Vista on July 10,2001 on the Discretionary Approval
Application, and to receive the recommendations of the Planning Commission, and
to hear public testimony with regard to same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this Ordinance was
introduced for first reading on July 10, 2001, the City Council of the City ofChula
Vista approved Resolution No. ~_by which it imposed amendments on the
Land Use Diagram and Circulation Element of the General Plan; EastLake III
General Development Plan and adopted a new Sectional Planning Area (SPA) plan,
and associated regulatory documents, including: Design Guidelines, Public
Facilities Financing Plan, and Comprehensive Affordable Housing Program for
Eastlake III.
II NOW, THEREFORE, the City Council of the City Chula Vista does hereby find, determine
and ordain as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA - PREVIOUS FSEIR-Ol-Ol
AND AMENDMENT REVIEWED AND CONSIDERED FINDINGS;
APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, approved and certified FSElR -01-0 I and Addendum by Resolution No.
~_, and therefore no further action is necessary; and,
B. FINDINGS FOR APPROVAL OF P-C PLANNED COMMUNITY ZONE
The City Council hereby finds that the proposed Planned Community District
Regulations Land Use Districts Map arc consistent with the City of Chula Vista
Gencral Plan, and public necessity, convenience, the general welfare and good
zoning practice support the amendments.
C. APPROVAL OF PLANNED COMMUNITY ZONE
/ ~ ...")...
'.,:' -
The City Council does hereby approve the Planned Community District Regulation
and Land Use District Map as represented in Exhibit B.
III!. EFFECTNE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Approved as to form by
G.~~
JohnlKaheny
City Attorney
Robert A. Leiter
Director of Planning
H:\Attol11eyIPCM-O 1-26 ccord.eastlake IIIpcdistricu'egs2.doc
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AN ORDINANCE OF THE CITY OF CHULA Vli~~ ~~\) ~
ESTABLISHING A 35 MPH SPEED LIMIT ON ~~R
STREET BETWEEN INDUSTRIAL BOULEVA~~R6ADWAY
AND AMENDING SCHEDULE X OF THg) ~EGISTER AS
MAINTAINED BY THE OFFICE OF THE CITY ENGINEER
ORDINANCE NO.
WHEREAS, based on the provisions of California Vehicle Code
section 40803, and pursuant to authority under Chula Vista Municipal
Code section 10.48.020, the City Engineer has determined that based on
a Traffic Engineering Study, the speed limit on Palomar Street between
Industrial Boulevard and Broadway be decreased from the existing posted
40 MPH to 35 MPH.
NOW, THEREFORE, the City Council of the City of Chula vista
does ordain as follows:
SECTION I: That Schedule X of a Register of Schedules
maintained by the City Engineer as provided in section 10.48.020 of the
Chula Vista Municipal Code, Established Speed Limits in certain Zones -
Designated, is hereby amended to include the following changes:
Chula Vista Municipal Code section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS IN CERTAIN ZONES
Name of Street Beginning At Ending At Proposed
Speed Limit
Palomar Street Industrial Broadway 35 MPH
Boulevard
SECTION II: This ordinance shall take effect and be in full
force on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
1fJ{)U'~ ~A.l;tA-
John M. Kaheny '0
City Attorney
t=,..,R
John P. Lippitt
Director of Public Works
J:\lorraine\OR\SPEED.EST
If
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 7/24/01
ITEM TITLE:
Resolution Ordering the Summary Vacation of a drainage
easement within lot 9 of map no. 14187 at 1250 Granite Springs Drive
Director of Public Work~~
City Manager raiL. (4/Sths Vote: Yes_NoX)
;:",01"
SUBMITTED BY:
REVIEWED BY:
A request has been received to vacate a drainage easement belonging to the City of Chula Vista
within the property located at 1250 Granite Springs Drive, also known as lot 9 of map no. 14187,
owned by Kaufinan Capital, LLC (see Exhibit "A").
In accordance with Chapter 4, Section 8335 of the California Streets and Highways Code, this
type of vacation may be performed summarily through adoption of a resolution ordering said
summary vacation.
RECOMMENDATION: That Council adopts a resolution ordering the summary vacation of
the drainage easement within lot 9 of map no. 14187 at 1250 Granite Springs Drive.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The drainage easement was obtained by the City by accepting it from The Eastlake Company on
final map nO.14l87 recorded April 6, 2001 as file no 2001-0210174. Eastlake Company
subsequently sold the property to Kaufinan Capital, LLC.
Kaufman Capital, LLC. the company that owns said lot, submitted a request (see Exhibit "B") to
the City to vacate a drainage easement located at the northerly lot line of lot 9 (see Exhibit "A").
The drainage easement serves no purpose to the City. Staff believes that the developer granted the
drainage easement to drain runoff from an open space lot that was erroneously believed to be
public when in fact the open space lot is private. The Supplemental Subdivision Improvement
Agreement associated with this final map calls for the storm drain in this area to be private and
that it be maintained by the Home Owner's Association; therefore the easement is not needed by
the City.
5-/
Page 2, Item 5
Meeting Date 7/24/01
Chapter 4, Section 8333(c) of the California Streets and Highways Code states that an easement
may be summarily vacated if the easement has been superseded by relocation and there are no
other public facilities located within the easement. In this case the easement was erroneously
granted to the City and there are no public facilities located within it. The responsibility for the
storm drain is with the Home Owner's Association and not the City.
The Planning and Building Department and Open Space staff have been notified of this vacation
proposal and none have any objections.
FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid
for by a deposit of monies by the applicant under the City's Full Cost Recovery System.
Attachments: Exhibit "A" - Plat showing the vacation
Exhibit "B" - Letter requesting the vacation
J:IEngineerILANDDEVITrails NorthlV ACA TIONIPV080.RNY.doc
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SUBDIVISION
BOUNOAPY
10
EASEMENT TO BE /
VACATED
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EXHIBIT "A"
/':-:/;\'/;,/ ,!",
~'u 1 1::' 01 11: 28a KauFman Capital 970-925-2411 p.2
~ f:
KAUFMAN I
CAPITAL
CO",ORA"ON
July 12,2001
Mr Tom Adler, Civil Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
Subject: The Vacating ofa Storm Drain Easement Granted on Final Map No. 14187
Dear Tom.
This is 10 request that the City take steps necessary to vacate its interest in a certain storm
drain easement on the Final Map referenced above. The easement is across Lot 9 of Final
Map Titled "EastLake Trails North, Neighborhoods TN-3 and TN-T'. Apparently 1he
easement was granted by the EastLake Company and accepted by the City where the
Supplementary Subdivision Improvement Agreement called for this particular easemen1
to be granted to the Homeowners Association.
The City's vacation of the easement will need to be to Kaufman Capital, LLC, a
California Corporation as the current holder of title on the property. Kaufman Capital,
LLC acknowledges and agrees with the requirement that the easement be conveyed to the
Homeowners Association as required in the Supplemental Subdivision Improvemen1
Agreement, and will do so in the very near futUre.
1 understand the City is taking steps to have the easement vacated at the July 24, 2001
City Council meeting. We appreciate your assistance.
Please call to let me know of any problems or questions.
~
Matthew Watson
Vice President
6° I U"ve"ity Aven"e. Suite 288
"""".0'0, C,lifo'ni' 95825 5-Lj
916192<-9000' 916192<.9079FAX
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07111/2001 12: 13 FAX 6194211830 EASTLAIΠCOMPANY liIooa
.
THE CITY OJ' CHUI..A. ""ISTA DISCLOSt1JŒ STA'I'E¥ENT
PurSuant ~o COU!Ic:il Policy 101..01. prior to any acliOl1 upon manc:rs which willlCqUÏX'c dlscretionuy action by the COW1Cil,
PlanDing CO\tItIÚ5si<m. aod all other offIcla.1 bodieG of the City. a. statement of disclosure of certain ownership Of fin3nc.ial
¡nrerer¡¡, payments, or campaign CO.lltributions for a City of Chula Vista election must be filed. The following iIlfonnatioD
must be disclosed:
1. List the nam~ of all p~C1III5 ha.~ a fùJÞcial interest In the propert)' that is !he SUbject of the app1ieaIÍon or the
cOJ tra~, e.g.. owner. sppUcant. conttac:tor, subcomractor, maœrialSllppner,
PHh11~ r:nmp~ny Tisted on New York Stoek Exchan¡¡;e. Financial Report. are
pHblicallv available.
2. If any peISCII1+ identified p13IBlWtt to (1) above is a cozpora!Ïon or partnership, list the naIIIe.5 of;dl irldivlduaJs "'ith
a $1000 invesa:nent in the business (eDtpotatioDlpartllersbip) entity -
See above.
3- If any person. ideotiflcd pursuatlt to (1) above is a non-profit organization or trost, list the .names of any person
$C:J:VJng as dù:eetor of the noni/rofit org~a!ion or a.< ttUSœe or beneficiaI)' or nustor of the trust.
Not Mli'pl1.c"b1F
4. Plea"e identify evc:¡Y person, including any' agents, cmp1oyees. çonsu1Iaurs. or independent contractors you have
assigned Ie represent)lou before rhe City ÌD Ibis matter?
Curt Smith, Vice President, EastLake Company
5. Has auy person> ; ASsociated With this contract had any financial dc:âlings with an offloJal"" of the City of Chula
Vista as it relates to this contract.,..¡tbin the past 12 months. YelL- No-L
13 .In;',' """ ",...."".? """? '?T 'one
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07/11/2001 12: 13 FA! 819"211830 EASTLAIΠCOMPANY ~OO4
ItY<=s. briefly'deseribe the 1IIIture of the: filWlcial iuterest the otfieW"'" may have In !his ¡;onrract?
6. 1:Ia.ve yoU made a cODlIibutiOll af mare dw1 $250 witlili1 the past twelve (12) months to a ¡;urCIm[ member of the:
Chula V1sœ City Colll1ci1? No ...!. Yes - If yes, which C=U member?
7. Ha.ve you or any member afyaur gove:lliag boazd (i.e. CCtpOŒe Baud of DiIectarslExecutives., non-ptOfit Ba;¡¡:d
of Directors mad" contribut]Π; rociliD,g'mote than $1,000 over the p&3! four (4) years to a cunene member of the
Chula Vista City Council? Ye!I- No....L......
IfYe:s, which Counci1 member?
8. Have you prCl\lid.ed mare than $300 (or lID ÎIIIm of equivale:cn: value) 10 an omcial"" of tbø City of Chill¡ , Vista in
the pasc twelve (U) m0lIl:bs1 ('This inc:.ludcs being a saurc" of incmne, ~ to retire a legal debt, gift, loan. etc.)
Yes- No-X.-
If Yes, which official"'" and what was the bature of item. pca"'¡ded?
Date' J f,zJOl Si~~~œnt
K\lr~ Bausback, Assistant Secretary
Print or type lIaI!le of,CODIrIIC:tarfApplicaDt - ".
.. PerSOIl. Is de&ø4 lIS: ""Y individual. firm, co-pannershÏp, ¡aim YeIÛ1lle, UlocWiøa., loeW club. fratenlal CltgJ!JlÌ>!arlO11,
cClIpOtalida. -, 11M. reœIver, sy:qdIcace, my 0Ibcr county. cit:f. m.uaiclpaJity, district, Clr gIJ1er polilicalsul;ldivirlan, -or
any other I'1:IUp or: ~iDaCiCm ød:ÏI:Iç U .. 1IDÏt.
10" Of!i.eia1 btdudes, but Is DOl: Umitoll tII: Meyer. CpUDCil member, PIanniag Commissioucr. Mewbor of a boarc\. coD:lII1ilsioll.,
ar commitœ.. ?! the CitY. employee. or stiff memhCt$.
H'. \RCMElENGIN!!I!k\ADMINI~~~m.2!1DC1,23 (Bcdlor M!ZI) -~
14 fJl¡;W f!>g)! WeJ17P:7 t¡;U17'7t',nr
17/17'eJ 'PC;¿'ON
-. ------ ------"------
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
DRAINAGE EASEMENT WITHIN LOT 9 OF MAP NO.
14187 AT 1250 GRANITE SPRINGS DRIVE
WHEREAS, a request has been received to vacate a drainage
easement belonging to the City of Chula Vista within the property
located at 1250 Granite Springs Drive, also known as Lot 9 of Map
No. 114187, owned by Kaufman Capital, LLC; and
WHEREAS, the drainage serves no purpose to the City
easement and is no longer needed because the Supplemental
Subdivision Improvement Agreement requires the storm drain in this
area to be private and maintained by the Homeowner's Association;
and
WHEREAS, in accordance with Chapter 4, section 8335 of
the California Streets and Highways Code, this type of vacation may
be performed summarily through adoption of a resolution ordering
said summary vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby summarily vacate a drainage
easement within Lot 9 of Map No. 14187 at 1250 Granite
Springs Drive, as shown on Exhibit "A", attached hereto and
incorporated herein as if set forth in full.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this Resolution of Vacation in the office of the
San Diego County Recorder.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
J, \Attorney\Reso\ Vacation. Easement
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3.ASEMENT TO BE /
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..- ~ 5-8 EXH
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COUNCIL AGENDA STATEMENT
Item &>
Meeting Date 7/24/01
ITEM TITLE: Resolution Approving Second Amendment to Agreement between
City ofChula Vista and San Diego Transit Corporation and authorizing the
Mayor to execute the Amendment
SUBMITTED BY: Director of Public Works /~
REVIEWED BY: City Manager f:~f'" (4/Sths Vote: Yes_No~
At its meeting on February 27, 2001, Council approved an amendment between the City ofChula
Vista and San Diego Transit Corporation for fixed-route bus service by exercising the option year for
the period July 1,2001 through June 30, 2002. Additionally, at the meeting of July 18,2000,
Council approved the participation of City in the Regional Consolidation of Transportation
Development Act funds. As part of the consolidated budget process for FY 02 City Transit staff
requested and was granted $60,000 for a operator incentive bonus. This bonus will be distributed at
the discretion of the City to operators who meet specific perfonnance criteria, as detennined by the
Transit Coordinator.
RECOMMENDATION: That Council adopt resolution approving the amendment to the City and
San Diego Transit Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Fiscal year 2001102 is the first year under the new Metropolitan Transit System (MTS) consolidated
transit financing process wherein all the MTS financial resources are pooled. MTS transit resources
will be consolidated and budgeted on a collective basis. A budget committee composed ofthe area's
transit agency representatives determined straight-line budget increases and budget assumptions. As
part of this budget process City Transit staff requestcd and was granted $60,000 for an operator
incenþve bonus or other transit purposes. This amount could increase contingent upon budget
savings from other line items through the established purchasing and budgeting guidelines i.e.
change orders and budget adjustment requests. Establishing an operator bonus program within the
framework of our agreement will help maintain a qualified and stable work force, by rewarding
dedicated and responsible operators. This bonus program is a way for the City in its discretion to
contribute to the financial well being of our CVT operators without interfering with the
compensatory agreements between the Contractor and its employees.
&-1
Page 2, Item-
Meeting Date 7/24/01
In order to qualify for this bonus, operators must meet the following criteria on a monthly basis:
0 Be on full active duty
0 Work at least 21 days of the month (including permissible absences)
0 No miss-outs (late/no shows)
0 No preventable accidents.
It is anticipated that the bonus amount will be divided into 12 equal parts and distributed monthly by
the Contractor. A bonus pool of$5,000 will be formed each month and divided among the operators
who meet the criteria. Based on an average of 55 operators, it is estimated that operators will earn
approximately $91 bonus per month (before payroll taxes). This is equivalent to an estimated $0.57
per hour (6.6% increase per hour) for a full-time operator (160 hours/month).
Transit Staff recommends an additional amendment to facilitate and expedite emergency service
demands. This clause will formalize any emergency service required by the City. Currently
emergency services are funded with operating funds under our Special Services clause in our
agreement. The Emergency Service clause adds specific language pertaining to emergency services.
Contractor will be reimbursed for emergency services through the established Special Services rates
as mentioned in our agreement.
City Transit staff will also be working on a Request for Proposal, FY 03-FY 08, for transit services
that will include a "Responsible Living Wage" policy and a driver retention plan for current
operators. This plan would require bidders to retain operators at the same or higher base wage level.
Staff will bring this forward for Council consideration in the future.
FISCAL IMPACT: This amendment to the City and SOT Agreement contains no City ofChula
Vista General Fund contribution. Transit operating costs are funded by MTS pooled TDA Article
4.0 funds. The bonus funds are included in the FY 02 Transit Division's City budget, as approved by
Council.
ATTACHMENTS: 1) Original Agreement and First Amendment to Agreement between City of Chul. Vista and
San Diego Transit
2) Second Amendment to Agreement between City of Chul. Vista and San Diego Transit.
File: DS-027/035
H:\Transit\A113 Transit 2nd Amendment wpd.doc
7118/01 12:05:55 PM
!o~¿;.
ATTACHMENT I
AGREEMENT BETWEEN
CITY OF CHULA VISTA AND
SAN DIEGO TRANSIT CORPORATION
HEREINAFfER REFERRED TO AS "CONTRACTOR"
FOR FIXED-ROUTE BUS SERVICE
This agreement dated d- - I - ~n,.., for the purposes of reference only, arid effective as
of the date last executed unless another date is otherwise specified in Exlúbit A, Paragraph I is
between the City, whose business form is set forth on Exlúbit A, Paragraph 3, and the entity
indicated on the attached Exlúbit A, Paragraph 4, as Contractor, whose business form is set forth on
ExlúbitA, Paràgraph 5, and whose place of business and telephone numbers are set forth on Exlúbit
A, Paragraph 6 and is made with reference to the following facts:
Recitals
Whereas, the City desires to operate a fixed-route public transportation system to serve the
City of Chula Vista provided Transportation Development Act (IDA) Artid~ 4.0 funds
are available; and
Whereas, the City's fixed-route bus service is called "Chula Vista Transit", hereinafter
referred to as "CVT", and
Whereas, Contractor has the management and technical personnel, expertise, and other assets
useful for the operation ofCVT and maintenance ofCVT buses and related equipment; and
Whereas, City is desirous of obtaining such services for CVT; and
Whereas, Contractor is desirous of providing such service;
Whereas, Contractor 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 Contractor to City
within t4e tirneframes herein provided all in accordance with the terms and conditions of this
Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually
agree as follows:
1. Contractor's Duties
A. General Duties
Contractor shall perform all of the services described on the attached Exlúbit A, Paragraph
7, entitled "General Duties". .
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/2 ,3oðO_O 3!>
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Contractor shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", consistent 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 or Increases in Scope of Work
City may independently, or upon request ftom Contractor, from time to time reduce or
increase the Defined Services to be performed by the Contractor under this Agreement. Where the
proposed increase or decrease in Defined Services results in an increase or decrease in the aI)1lual
vehicle miles, of more than 20% during any year of the Agreement, City and Contractor agree to
meet in good faith and confer for the purpose of negotiating a corresponding change in the
compensation associated with said change.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Contractor
to perform additional services related to the Defined Services ("Additional Services"), and upon
doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall
perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit
A, Paragraph II.A, unless a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
Contractor, in performing any Services under this agreement, whether Defmed Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exerciseà by members of the profession currently practicing under similar conditions and in similar
locations.
F. Insurance
Contractor represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
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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 setforth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Contractor, which names the City and the County
of San Diego as 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").
G. Proof of Insurance Coverage.
(I) Certificates ofInsurance,
Contractor 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 Contractor's Commercial General Liability Insurance Policy,
Contractor shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager,
H. Performance Bond.
In the event that Exhibit A, Paragraph 9, indicates the need for Contractor to provide a
Performance Bond, which indication shall be made by checking the parenthetical space adjacent to
the term, "Performance Bond", then Contractor shall provide to the City a performance bond by a
surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent
to the term, "Performance Bond", in said Paragraph 9, Exhibit A.
I, Business License
Contractor agrees to obtain a business license from the City and to otherwise complv with
Title 5 of the Chula Vista Municipal Code.
2.. Duties of the City
A. Cousultation and Cooperation
City shall regularly consult the Contractor 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 Contractor, with prior authorization of the Transit Coordinator,
shall have access to the City's transit office facilities, files and records by Contractor throughout the
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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 Contractor's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Contractor 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 cornpensate Contractor for
all services rendered by Contractor according to the terms and conditions set forth in Exhibit A,
Paragraph 11 adjacent to the governing compensation relationship indicated by a "checkrnark" next
to the appropriate arrangement, and shall compensate Contractor for out of pocket expenses as
provided in Exhibit A, Paragraph 12.
All billings submitted by Contractor shall contain sufficient information as to the propriety
of the billing to pennit 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 1-8 (3)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term
A. Base Term
This Agreement shall commence on July 1,2000 and terminate on June 30, 2001 unless
otherwise terminated or extended in accordance with the terms of this Agreement.
B. Option Term
In consideration of this Agreement, Contractor hereby grants to the City the below option,
exercisable in writing at City's sole election, at any time on or before sixty (60) calendar days prior
to expiration of this Agreement. The City may extend the service provided by Contractor under this
Agreement for a period of one year. The rates set forth in the compensation section, Exhibit A,
Paragraph 11, for the Option Term shall apply to any extension made pursuant to this option
proVIsIOn.
Prior to exercising any option term, the City shall serve notice to Contractor of City's
intention to extend the Agreement. Such notice shall not be deemed to commit City to such
extension, nor shall the notice be binding on Contractor if served less than 60 days prior to the
expiration of this agreement.
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It is mutually understood and agreed that City is under no obligation whatsoever to exercise
this option and that no representations have been made by City committing it to exercise this option,
and that City may procure any such option requirements elsewhere. Such option exercises may be
by amendment hereto or by issuance of a new Agreement.
C. One to three months - Carry-Over Term.
At the conclusion of any term under this Agreement, either the Base Term as defined in
paragraph 4 A, or the Option Term as defined in paragraph 4 B, the services described in Exhibit A,
may be extended in {)ne or more increments for a total of no less than one (1) nor more than three
(3) calendar ~onths at the discretion of the City's Transit Coordinator. Each extension shall be
effected by written contract modification delivered to the Contractor no less than fifteen (IS)
calendar days prior to expiration of the contract. The rates set forth in the compensation section,
Exhibit A, Paragraph 11, shall apply to any extension made pursuant to this Carry-Over term unless
provision for appropriate price adjustment has been made elsewhere in this contract.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14,
6. Financial Interests of Contractor
A. Contractor is Designated as an FPPC Filer.
If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is
deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required Statement
of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or
if none are specified, then as determined by the City Attorney.
B. Decline to Participate,
R,egardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make,
or participate in making or in any way attempt to use Contractor's position to influence a
governmental decision in which Contractor knows or has reason to know Contractor has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and
represents that Contractor has diligently conducted a search and inventory of Contractor's economic
interests, as the term is used in the regnlations promulgated by the Fair Political Practices
Commission, and has determined that Contractor does not, to the best of Contractor's knowledge,
have an economic interest which would conflict with Contractor's duties under this agreement.
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D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants
and represents that Contractor 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 Contractor is designated as an FPPC Filer, Contractor further warrants
and represents that Contractor will immediately advise the City Attorney of City if Contractor learns
of an economic interest of Contractor's which may re~ult in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Contractor warrants and represents that neither Contractor, nor Contractor's immediate family
members, nor Contractor's employees or agents ("Contractor 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.
Contractor further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Contractor or
Contractor Associates in connection with Contractor's performance of this Agreement. Contractor
promises to advise City of any such promise that may be made during the Term of this Agreement,
or for 12 months thereafter.
Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest
within the Term ofthis Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City.
.
Contractor may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Contractor's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Contractor shall defend, indemnify and hold harmless the City, and the County of San Diego,
their elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Contractor, 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 sole
negligence or sole willful conduct of the City, and/or the County of San Diego, their officers, or
employees. Contractor's indemnification shall include any and all costs, expenses, attorneys' fees and
C,IMyFilosIDArAIWPDOCSISD TRANSIT 01-02 AGREEMENT\<;DT98.BG.wpd r Page 6
liability incurred by the City, its officers, agents, or employees in defending against suèh claims,
whether the same proceed to judgment or not. Further, Contractor at its own expense shall, upon
written request by the City, defend any such suit or action brought against the City, its officers,
agents, or employees. Contractors' indemnification of City shall not be limited by any prior or
subsequent declaration by the Contractor. Contractor's obligations under this Section shall extend
to any claims filed by Contractor's employees claiming employment status with the City contrary
to the provisions of Section 13 hereof.
8. Termination of Agreement for Cause
If, through any cause, Contractor shall fail to fulfill in a timely and proper manner
Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreeinent
by giving written notice to Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor 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 Contractor's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Contractors' 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, Contractor 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 Contractor of such termination and specifYing the effective date thereof, at least thirty (30)
days bef¡¡re 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,
Contractor 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.
Contractor 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 Contractor are personal to the City, and Contractor shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City, which City may not unreasonably deny.
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.-. -.---......---- .----.----. ..
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Contractor in the United States or in
any other country without the express written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions of the Public Records Act),
distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under this Agreement.
13. .Independent Contractor
City is interested only in the results obtained and Contractor 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 Contractor's work products. Contractor
and any of the Contractor'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.
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 provisiolÌS 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, Contractor 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 recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16. Statement of Costs
In the event that Contractor prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Contractor 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.
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17. Miscellaneous
A. Contractor not authorized to Represent City
Unless specifically authorized in writing by City, Contractor shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Contractor is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Contractor 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, Contractor represents that neither Contractor, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement
of such amendment, waiver or discharge is sought.
E. Capacity of Parties
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 resolqtions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
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 ofChuIa Vista.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective officers thereunto duly authorized on the date written below their
signatures.
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-.'.'-'- -- .-.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between
City of Chula Vista and
San Diego Transit Corporation
for Fixed Route Bus Service
- IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated: d - J - ~Oð CITY OF CHULA VISTA
BY:~
Shirley Horto ,Mayor
Attest:
...~tLL~<:(~
Susan Bigelow, City Clerk
Approved as to form:
~k~r~
John mellY, City Att y
Dated: . SAN DIEGO TRANSIT CORPORATION
BY~~
Nameofperson, .
Dated: flYb'J
Exhibit List to Agreement
(X) Exhibit A.
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--------- ---
EmmIT A
TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
SAN DIEGO TRANSIT CORPORATION
1. Effective Date of Agreement: July 1, 2000
2. City-~elated Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City ofChula Vista, a
() Other: . a (insert business form]
3, Place of Business for City:
City of Chura Vista,
276 Fourth Avenue,
Chura Vista, CA 91910
4, Contractor: San Diego Transit Corporation
5. Business Form of Contractor:
( ) Sole Proprietorship
( ) Partnership
. (X) Corporation
6. Place of Business, Telephone and Fax Number of Contractor:
100 Sixteenth St.
San Diego, CA 92101
Voice Phone: (619) 238-0100
Fax Phone: (619) 696-8159
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7. General Duties:
Contractor's responsibilities shall include but not be limited to;
1. Meeting all operations, equipment and maintenance requirements contained in this
Agreement, and comply with the Americans with Disabilities Act.
2, Providing all personnel having management, operations, and maintenance expertise
necessary to operate the system and maintain CVT buses and related equipment.
3. Fare collection, accounting, and reporting,
4. Personnel administration.
5. Assisting City in marketing.
-6. . Scheduling and dispatching vehicles.
7. Data collection and reporting.
8. Scope of Work and Schedule:
A. Detailed Statement of Work:
See Attachment 1 to Exhibit A.
B. Date for Commencement of Contractor Services:
(X) Same as Effective Date of Agreement, July 1,2000
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Not Applicable. See Attachment lto Exhibit "A"
D. Date for completion of all Contractor services:
June 30, 2001, unless "Carry-Over" Term is exercised
.
If option is exercised: June 30, 2002, unless "Carry-Over" Tenn is exercised
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance: $49,000,000
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $10,000,000.
(X) Fidelity Bond: $50,000
10. Materials Request to be Supplied by CIty to Contractor: None.
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11. Compensation:
A. Basic Services
Forall the Defined Services hereunder City shall pay Contractor, in the aggregate, an amount
equal to the number of vehicle service operating miles in a contract year multiplied by the
corresponding mileage rate for that year, On tlle ßeliv~ date of the first of the New Flyer buses
mileage rate 2 shall become effective, The rates are as set forth in the following schedule:
Rate Schedule
I. FYOO-01 1,350,000 $2.5550 $3,449,250
2. FY 00-01 $2.5950 $3,503,250
wI New Flyer buses
3. FY 01-02 (Option) 1,570,000 $2.5498 $4,003,186
If at any time during the option year the City receives delivery of new buses, it is mutually
agreed that mileage rate 3 set forth shall be renegotiated at the City's option. Mileage rate 3 is based
on the assumption that all CVT operations and maintenance functious have been relocated to the new
yard by July 1,2001. Ifrelocation has not occurred by July 1, 2001, then it is mutually agreed that
mileage rate 2 shall be renegotiated for option year FY 01-02 until relocation to the new yard has
occurred, at which time rate 3 shall become effective,
Contractor shall be paid in monthly iustalhnents based upon the actual number of vehicle
service operating miles run per month. Monthly instaIhnents shall be subject to adjustments for any
liquidated damages amounts owing pursuant to the terms of Paragraph 14 of this Exhibit A, below.
B, Special Services
lIt addition to the compensation for the Defined Services set forth in A, above, City shall
compensate Contractor for special services as follows:
(I) Special/Charter Services
Fiscal Year Rate Per Hour
FY 00-01 $34.00
FY 01-02 (Option) $34.00
(2) "Tripper" Services: Rate per mile as set forth in the rate schedule in A, above.
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.._-..
12. Materials Reimbursement Arrangement
Amounts due and payable to Contractor as reimbursement for the cost of materials and
supplies used by Contractor in the performance of services hereunder are factored into the
compensation rate set forth in Paragraph I I.A, above, based on the budget set forth on Section
5.04.00 of Attachment 2, attached hereto and incorporated herein by this reference. At the end of
each contract year, in the event that Contractor has not actually expended the budgeted amounts,
Contractor shall reimburse City the amount of all unexpended payments. Non-budgeted materials
expenditures may be subject to reimbursement by City subject to obtaining City's prior written
approval and upon submittal of proper invoice detailing such expenditure.
13. . Contract Administrators:
City:
Bill Gustafson, Transit Coordinator
707 F Street
Chula Vista, CA 91910
Phone: (619) 691-5260
FAX: (619691-3171
Contractor:
Sandra Showalter, Contract Services Manager
100 Sixteenth Street
San Diego, CA 92101
Telephone: (619) 238-0100
Fax: (619) 696-8159
14, Liquidated Damages
From the nature of the services to be provided, the Contractor and City agree that it is
extremely difficult to fix actual damages which may result from failure on the part of the
C;ontractor to perform any of its obligations herein and the resulting loss to City. Therefore,
both parties agree that the Contractor liability should be limited to and fixed at the sums
stated in this Section of the Agreement, as liquidated damages and not as penalty, to be
deducted automatically by City from Contractor invoices for the period(s) in which occurred.
The decision of the Transit Coordinator is final with respect to any assessment ofliquidated
damages. The Transit Coordinator may rely on information supplied by Contractor, by the
public or by staff, as well as by other means in determining assessment of liquidated
damages,
A. Liquidated damages will be assessed at the rate of one thousand dollars ($1,000) for
each failure to achieve a satisfactory rating in any category of the annual California
Highway Patrol Safety Compliance report (CHP 343).
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B. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per
occurrence for each unauthorized failure to operate transit routes as approved by
City.
C. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per
day for each day Contractor fails to employ and assign to the services covered by this
agreement a Location Manager, Operation__Sup¡:rvisor, Road Supervisor, or
Maintenance Supervisor approved by the Transit Coordinator. In the event
Contractor's Operations Supervisor, Location Manager, or Maintenance Manager or
any Road Supervisor terminates his or her employment with less than two (2) weeks
notice, liquidated damages will not be assessed until the fifteenth (15th) day
following the notice of termination.
D. Liquidated damages maybe assessed at the rate offifty dollars ($50) per day for each
incident of failure to comply with the following requirements and driver
specifications herein:
(1) Failure to clean vehicle interiors daily.
(2) Failure to clean vehicle exterior three times weekly.
(3) Failure to provide 8-hour National Safety Council Defensive Driving Course
or equivalent for each driver before that driver operates any vehicle in
revenue service,
(4) Failure of driver to wear presentable uniforms while on duty.
(5) Failure to have a new driver undergo a two-hour orientation to CVT system
policies, procedures, and performance standards prior to being assigned to a
CVT route.
(6) Failure to provide a minimum of 8 hours of driver instruction/route
familiarization to each driver before that driver operates vehicle in revenue
service.
(7) Failure to repair vehicle body damage (interior or exterior) within 21 days of
the occurrence.
(8) Failure to perform any required preventative maintenance procedures within
:!:500 miles of the scheduled maintenance,
.
E. Liquidated damages may be assessed at the rate of fifty dollars ($50) per incident of
a vehicle in revenue service leaving a schedule time point prior to the schedule
departure time.
F. Liquidated damages maybe assessed at the rate of fifty dollars ($50) per day for each
incident offailure to submit to City any of the following reports:
(1) Driver Daily Records/Defect Sheets, daily by 1 :30 p.m.. of the next working
day.
(2) Computation and Reconciliation offares collected for the week, by2:00p.rn,
of the following Monday or first working day.
(3) SANDAG Form B-lO Items 15, 16, 17,20,21, and 22, by October 20,
January 20, April 20, and July 20. 6-/8
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(4) Fuel Cost and Fuel Consumption, by the 5th of each month.
(5) Road Call Reports, by 5th of the following month.
(6) California Highway Patrol Safety Inspection Reports, three days after receipt
ofreport by Contractor.
(7) Accident Reports, within three days after occurrence.
G. Failure of City to assert any right which it has under this contract, or to assess any
liquidated damage as provided herein, shall not act as a waiver as to the City right to
enforce the provisions of this contract, or assess liquidated damages in the future,
except as specified herein.
-H. . The assessment of liquidated damages and/or deductions as provided under this
contract shall in no way relieve the Contractor of his obligation to provide sufficient
service, buses or drivers, or to meet any of the terms of this contract.
I. Notwithstanding the foregoing right to assess, neither party assumes any liability
with regard to liquidated damages, for failure or delay to fulfill the terms and
conditions of this Agreement to the extent such failure or delay is caused by the
following: a) any civil or military government restrictions or limitations; b) failure
or shortage of fuel, water, fuel oil, or other utility or services; c) riot, war,
insurrection, or other national or local emergency; d) acts of God, earthquakes, fire,
explosion, quarantines; freight embargoes, or adverse weather conditions; or e)
impassibility of routes due to construction, accidents, or other reasons.
15. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable, Not an FPPC Filer.
16. (Intentionally omitted)
17. Permitted Subconsultants:
None
.
18. Bill Processing:
1. Contractor's Billing to be submitted for the following period of time:
(X) Monthly
() Quarterly
( ) Other:
(p-/q
C,IMyFilesIDA TAIWPDOCS\SD TRANSIT 01-02 AGREEMEN'I\SDTEXBG.wpd Page 6
2. Day of the Period for submission of Contractor's Billing;
( ) First of the Month (fixed monthly cost)
(X) 15th Day of each Month for prior month services
() End of the Month (hourly rate cost for service operated)
( ) Other:
3. City's Account Nurilber:40200-6401
.
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C,IMyFilesIDA TAIWPDOCS\SD TRANSIT 01-02 AGREEMEN1\SDTEX.BG.wpd age
------ -------
ATTACHMENT 1 TO EXHIBIT A
STATEMENT OF WORK
A. Scope of Services
1. Contractor shall provide the management, technical, and operating personnel,
service, equipment, and maintenance necessary for the operation of CVT services
specified in this section including all exhibits,
-2. . City staff shall be responsible for all policy, administrative and overall management
of CVT service including: determining and specifying routes and schedules;
conducting service and route planning activities; providing bus stop signs, route
maps, service schedules, and marketing; and establishing fare policies. Contractor
shall be responsible for CVT operations, fare collection, accounting, data collection
and reporting, and insuring the implementation of all policies.
3. Contractor shall provide bus service on the following current CVT routes: 701, 702,
703, 704, 705, 706, 706A, 707, 708, 709, 711 and 712. The City may added new
routes in the future. Buses shall be operated on these routes according to the route
descriptions and schedules determined by the City. City will supply: buses for this
service; radio equipment, including an operating frequency; and registering fare
boxes.
B. System Operation
1. Contractor shall operate the CVT system in compliance with CVT operating policies
and all applicable federal, state and local laws, including the Americans with
Disabilities Act (ADA).
2. Management of day to day operation of the system and service will be vested in
contractor's Location Manager who shall be thoroughly familiar with City's service
. area, policies, and system operation. The Location Manager will be available to meet
with City staff in Chula Vista as deemed necessary by the Transit Coordinator. The
Location Manager, or Contractor's management personnel, will be available to attend
meetings pertaining to transit matters as deemed necessary by the City. Replacement
of the Contractor's Location Manager will require written approval by the City at
least 14 days in advance of proposed replacement.
3, In addition to the Location Manager, Contractor shall provide a knowledgeable, and
experienced Operations Supervisor and a sufficient number of Road Supervisors to
monitor CVT operations during all operating hours. The Operations Supervisor and
Road Supervisors shall be responsible for supervising and monitoring all activities
of bus operators, including schedule adherence, road conditions, wheelchair lift
operation, fare media collection, and bus operator performance, behavior, and
observance of system procedures. &, -cÎ-I
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4, Road Supervisor duties shall also include: distributing transit information (CVT
schedules, system maps, etc.) to various locations in Chula Vista; and posting
"service change" notices at affected bus stops are required.
5. Th~rewill be no scheduled CVT service on the days the City ofChula Vista observes
the following holidays: Thanksgiving Day, Christmas Day, and New Year's Day,
except for Route 708 which has its own operating days.
6. Driver Hiring
a) Contractor shall recruit and hire a sufficient number of drivers assigned
exclusively to CVT service. Contractor shall have a sufficient number of
backup drivers readily available for any and all contingencies such as
absenteeism, ilIness, and other personnel emergencies without a disruption
of CVT service.
b) Driver Wages and Benefits:
1) Contractor will pay CVT drivers not less than the following wage
scale:
RATE
2) In addition to wages listed above, Contractor shall provide to CVT
drivers the following minimum benefits: a contributory health
insurance plan; a deferred compensation program; company
structured attendance and safety bonus plans; company structured
paid vacation for full-time employees after certain employment
periods; company structure sick leave after one year of service; and
. six company structured paid holidays.
c) As a condition of employment under the agreement, all personnel assigned
to CVT service must pass tests for drug and alcohol use. Drug and alcohol
screening shall be conducted prior to employment in CVT service, and at a
minimum, at two (2) year intervals in conjunction with a physical exam for
Class B license renewal. Screening at more frequent intervals may be
conducted by Contractor as permitted by law.
d) The City requires Contractor to conduct a criminal history check on all
personnel assigned to CVT service. No employee shall be assigned to CVT
service whose criminal background check reveals any convictions which
endangered the public health, safety and/or welfare. City reserves the right
to request that specific employee(s) be replaced for reasonable cause.
ŒMyFilesIDATAIWPDOCS\SD TRANSIT 01.()2 AGREEMEN1\795.93.wpd ,;;~ Page 2
7. Driver Training and Procedures.
Contractor shall provide such periodic driver training, orientation, and road
supervision as is appropriate to fully familiarize all drivers assigned to CVT service
with operating schedules, routes, transfer policy, and performance
staÌ:1dards--including courtesy, safety, and schedule adherence of the CVT system,
Training and orientation by contractor shall include no less than the following:
a) DRIVER TRAINER
1) Must have a State of California or Department of Motor Vehicles
approval to certify Class B driver's licenses with a passenger, air
brakes, and automatic transmission endorsements.
2) Must have at least one year experience as an instructor.
3) Must be a National Safety Council Defensive Driving Instructor or
equivalent.
b. NEW DRIVERS
1) Must receive and pass the eight-hour minimum National Safety
Council Defensive Driving Course or equivalent. This includes
practical applications,
2) Must receive at least 20 hours of driving instruction (including both
group and individual instruction) on CVT routes. At least onehour
of actual driving fór each route will be included,
3) At least four hours of classroom instruction regarding transfer
policies, bus check-out procedures, accident report writing, vehicle
code, and schedules, routes, and fares of the CVT system will be
included,
.
4) At least eight hours of the training program shall be devoted to the
operation oflift equipment and courteous treatment of handicapped
individuals. The lift training shall include instruction on the
operation of lifts and tiedowns, experience boarding and alighting
individuals in wheelchairs under various conditions and empathy
training to help new operators gain insight into the special needs and
specific obstacles handicapped individuals may encounter using
public transportation.
5) The City Transit Coordinator or his representative shall make the
final determination as to the qualifications of prospective CVT
drivers based on the satisfactory completion of the aforementioned
training and orientation. Contractor shall provide City with a list of
C,lMy1'i1esmA T A \ WPDOCS\SD TRANSIT 01-02 AGREEMENn79S;93;Wpd 6-<93 Page 3
drivers who have completed the specified driver training program and
shall update this list as necessary.
8. Driver Procedures
Contractor shall require all drivers assigned to CVT service to adhere to the
following CVT procedures:
a) All buses shall be driven in a safe manner. Care should be exercised to
ensure that passengers are safely seated or have safely deboarded before
starting the bus.
b) Adherence to schedule and routing is mandatory except for unforeseen
circumstances beyond the control of contractor and his employees. (For
example, road closures, breakdowns, etc.)
c) Drivers shall be courteous to all passengers,
d) Drivers shall carefully complete the CVT Driver's Daily Record and Bus
Defect Sheet as well as take accurate regular daily (and specially requested)
passenger counts.
e) Drivers shall wear uniforms which are similar in nature while on duty. CVT
patches will be affixed to the right sleeves of jackets and/or shirts.
f) Drivers shall not srnoke or eat on the bus at any time and shall enforce same
policy for passengers as well.
g) Drivers must provide transfer slips to passengers in conformance with CVT
transfer policy upon request of passenger.
h) Drivers shall not play am/fin radios on the bus at any time.
, i) Drivers must ensure that proper and exact fares are placed in the fare box by
passengers. If any problems arise the drivers may accept the fare and inform
the passenger to contact the CVT office, Under no circumstances will a
driver handle any cash from passengers.
j) Drivers must notify Contractor's Location Manager or dispatcher
immediately if the vehicle is unable to continue operation. This information
will also be immediately relayed to San Diego Transit Information and to
City Transit Office by the Contractor Site.
k) Drivers will report to the dispatchers any unusual occurrences observed on
the road and any vandalism or damage to City property.
fB-~1
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I) All extra board drivers shall undergo driver training specified in this section
before being assigned to Chula Vista Transit.
m) Drivers are responsible for properly securing and locking the gate to the City
Yard at "F" Street and Woodlawn Avenue. This gate must be secured by
drivers after4:30 p.m. Monday through Friday, all day on weekends, and at
any other time directed by the Transit Coordinator or his representative.
n) Drivers shall park vehicles in the City of Chula Vista yard in specific
locations designated by the Transit Coordinator or his design.ated
representative.
0) Drivers will not allow any articles longer than 5 feet to be carried on the bus
by passengers.
p) Prior to start of shift, drivers will conduct a "walk around" inspection of their
vehicle, test and operate the wheelchair lift, and fill out a "Bus Condition
Report," If the driver is uncertain about the safety condition of the vehicle,
the vehicle must be inspected by maintenance personnel to determine if it is
safe to operate.
q) Drivers will be responsible for maintaining cleanliness of buses while on
duty.
r) Driver will not leave bus unattended with front door open as to allow
passengers to board without having paid the correct fare.
9. The procedures in Section 8 of this' attachment shall not preclude the Contractor from
enforcing its own policies and procedures which are not contrary to the above
provIsions.
10. Driver failure to follow the procedures in Section 8 of this attachment shall be cause
for Contractor to honor City Transit Coordinator's request for driver's dismissal from
. CVT service after appropriate written and/or verbal warnings have been given to
Contractor by the City Transit Coordinator or his designated representative, Prior to
Contractor reassigning driver previously dismissed from CVT service back to CVT
service, notice shall be given to the Transit Coordinator who will make a decision on
whether or not this driver reassignment is acceptable to City.
11. Contractor shall maintain a Lost and Found Service for articles inadvertently left by
passengers on buses.
12. While in a CVT UnifOIDl, Contractor employees will not purchase, cousume, or be
under the influence of any intoxicant, narcotic, or harmful drug.
dr ¿;;S
ŒMyFileslDATAIWPDOCSISD TRANSIT 01-02 AGREEMEN1\795.93.wpd Page 5
13. Contractor employees may use CVT vehicles only in connection with their assigned
duties and only within the CVT service area unless otherwise authorized by the
Transit Coordinator or his representative.
14. Contractor and its employees shall observe all rules and regulations published by the
Director of Public Works Operations pertaining to the use of the City Yard especially
those that apply to yard cleanliness, vehicle parking, fueling, prohibition of private
vehicles ftom entering the yard unless authorized, handling of toxic materials and
spills and yard gate security,
15. In the event of an accident involving a CVT vehicle resulting in an injury or fatality,
. Contractor shall immediately notify the Transit Coordinator or his representative by
phone (day ornight) and a copy of the accident report forwarded to the Transit office
no later than the next working day.
16. Contractor's drivers shall report to the Location Manager all hazardous road and
traffic conditions (e.g., downed trees and signs, accidents) in the service area.
Contractor, in turn, shall immediately notify the appropriate governmental authority
of such conditions and shall take necessary precautions to safeguard passengers and
Contractor's personnel.
C. Maintenance and Repairs
1. Contractor accepts full responsibility for maintenance and repair of all CVT buses,
interior and exterior, including body and paint work, wheelchair lifts, registering
fareboxes, communication equipment and to keep bus units including all installed
equipment on buses in a safe and good operating condition. Paint and body work on
each bus shall be completed within seven (7) davs of occurrence; the Transit
Coordinator may extend this time period to three (3) weeks in order to minimize
impact on CVT service requirements.
2. Contractor will be responsible forthoroughIywashing all buses used in this operation
at least three times each week. In addition, the interior of each bus used in CVT
. service shall be thoroughly cleaned daily.
3. Contractor will institute and maintain a formalized preventive maintenance program
for all buses in conformance with manufacturer's preventive maintenance schedule
and shall conform with the PMI schedule for oil change. The Chula Vista's Fleet
Manager is the Transit Coordinator's designated representative to monito~ and
oversee contractor's maintenance and repair activities on owned buses, Contractor
shall document anv and all preventive maintenance work or repairs performed on
CVT buses. and submit this documentation to Transit staff no later than 72 hours
after completion of work.
4. Contractor shall provide a road call service vehicle for mechanics in order to insure
timely response to road calls.
& ~;;lf
C,IMyFiles\DATA\WPDOCS\SD TRANSIT 01.02 AGREEMEN1\79'.93.wpd Page 6
5. Quality and regular maintenance of buses is essential and is required for efficient,
reliable transit operation. Contractor shall reportmonthIy to City Transit staffbudget
line items 501.02--Maintenance salaries and wages, and 504.02, 504.03, 504.04 and
504.05 under the Materials and Supplies Expense Class 504.00, as maintenance
categories within the budget. Deferred maintenance and/or shifting of funds from
one line item to another within the budget are prohibited. The_maintenance budget
will be reviewed monthly by City staff and contractor. C~ges.!o the maintenance
buâgetor-maintenance program may be made only upon written approval by the
Transit Coordinator.
6. At the end of each fiscal year, City staff and Contractor will review maintenance and
repair expenditures contained in Attachment 2, Expense Object Classes 504.02,
504.03,504.04 and 504.05. If Contractor's expenditures for the year in each of these
expense object classes are less than budgeted amounts, then Contractor will
reimburse City the difference between budgeted maintenance and repair costs and
actual expenditures.
7. Contractor shall comply with all City, state and federal policies, procedures and laws
and requirements regarding toxic waste disposal, fuel spills, City maintenance yard
security, parking of vehicles and use of City vehicles.
D. Data Collection and Reporting
1. Contractor shall collect all data on operation of CVT. Contractor shall maintain a
daily office log of vehicle breakdowns, road calls, missed trips (including cause),
wheelchair boardings, bicycles carried, complaints and compliments received,
Customer service calls shall be logged in the daily office log. Daily office log shall
be made available to City staffup'on request.
2. The Driver Daily Records (DDR's) and Bus Defect Sheet will be used by each shift
of bus operators, a copy of which is to be submitted to the Transit Office on a daily
basis. The DDR is the source document for use in determining the total miles,
revenue miles, revenue hours, total hours, fareboxrevenue, number of passengers and
. passenger categories. Missed miles and missed trips will be determined from the
DDR's by comparing actual daily miles entered into theDDR's against predetermined
daily total miles for each route.
3. Contractor shall prepare and submit to City staff a Quarterly Maintenance Report
which will include, but not be limited to, the following: a summary of all
maintenance work performed including preventive maintenance work, body and paint
work, and major repair work, the cost of maintenance such as oil, parts, fuel, labor,
all repairs; a status of each vehicle's condition; and highlights of problems and
suggested solutions,
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ŒMyFilesIDA TAIWPDOCSISD TRANSIT 01-02 AGREEMENT\795.93-wpd POge 7
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4. Contractor will fulfill the following minimum written reporting requirements to City
staff:
REPORT FREQUENCY
a. Driver dailv records - Daily, by 1:30p.m. ofthencxtworking day
b. Computation and reconciliation of fares collected Weekly
c. SANDAG fonn B-IO, items IS, 16, 17, 20, 21 and Quarterly
22
d. Fuel costs and individual bus fuel consumption Monthly
e. Road call reports Monthly
f. California Highway Patrol periodic safety inspection Forwarded to City within 3 days after receipt of
report
g. Accident reports Each occurrence
5. Contractor shall make available to City such reports free of charge as may be
requested by the City Transit Coordinator, MTDB, or SANDAG, unless such reports
are of such complex and time-consuming nature in which case City will reimburse
bus company the reasonable cost of preparation of such reports.
.
~~if8
C:\MyFilesIDATAIWPDOCSlSD TRANSlr Ot-1>2 AGREEMENT\795.93.wpd Page 8
FIRST AMENDMENT TO ATTACHMENT - I
AGREEMENT BETWEEN
CITY OF CHULA VISTA AND
SAN DIEGO TRANSIT CORPORA nON
HEREINAFTER REFERRED TO AS "CONTRACTOR"
FOR FIXED-ROUTE BUS SERVICE
This agreement dated 2. L(- 01 for the purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City, whose business
fonn is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as
Contractor, whose business fonn is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone
numbers are set forth on Exhibit A, Paragraph 6 and is made with reference to the following facts:
Recitals
Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chula
Vista provided Transportation Development Act (TDA) Article 4.0 funds
are available; and
Whereas, City entered into a two year agreement from July 1, 1998 through June 30, 2000 with San Diego
Transit Corporation for the provision of Fixed Route Bus Service; and
Whereas, on July 1, 2000, Council adopted a resolution waiving the bidding process and extending the
agreement by one year; and
Whereas, that agreement included an option to extend the agreement for one additional year; and
Whereas, the City now desires to exercise that one year option; and
Whereas, Contractor 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 Contractor to City within the timeframes herein
provided all in accordance with the tenns and conditions of this Agreement.
NOW, THEREFORE, the parties do hereby mutually agree as follows:
I. The Original Agreement is hereby amended in the following regards only:
Exhibit A, Section 1 is hereby amended to read as follows:
I. Effective Date of Agreement July 1,2001
. Section 8B is hereby amended to read as follows:
(X) Same as Effective Date of Agreement, July 1,2001
All other tenns and conditions of Paragraph 8 shall remain the same.
2. Section 11A is hereby amended to read as follows:
II. Compensation:
A. Basic Services
For all the Defined Services hereunder City shall pay Contractor, in the
aggregate, an amount equal to the number of vehicle service operating miles in a contract year multiplied
I
~-éJ9"
,.
7? ;:}rYJ( - r,O"
.-.._._~-_...
by the corresponding mileage rate for that year. On the delivery date of the fITst of the New Flyer buses
mileage rate 2 shall become effective. The rates are as set forth in the following schedule:
Rate Schedule
1. FY 00-01 $2.5550 $3,449,250
FY 00-01 $2.5950* $3,503,250
2. wi New Flyer buses 1,350,000 * prior to relocation
FY 01-02 (Option) $2.5498 $4,003,186
3. After relocation 1,570,000
If at any time during the option year the City receives delivery Qf new buses, it is
mutually agreed that mileage rate 3 set forth shall be renegotiated at the City's option. Mileage rate 3 is
based on the assumption that all CVT operations and maintenance functions have been relocated to the new
yard by July 1,2001. If relocation has not occurred by July 1,2001, then it is mutually agreed that mileage
rate 2 shall continue for option year FY 01-02 until relocation to the new yard has occurred, at which time
rate 3 shall become effective.
Contractor shall be paid in monthly installments based upon the actual number of vehicle
service operating miles run per month. Monthly installments shall be subject to adjustments for any
liquidated damages amounts owing pursuant to the terms of Paragraph 14 oftms Exhibit A, below.
All other terms and conditions of Paragraph 11 shall remain the same.
3. Attachment I to Section B6 b) is hereby amended to read as follows:
B6 b) Driver Wages and Benefits:
1) Contractor wiIl pay CVT drivers not less than the following wage scale or the
legal minimum wage whichever is greater:
Starting
After 36 months
.
2) In addition to wages listed above, Contractor shall provide to CVT drivers the
following minimum benefits: a contributory health insurance plan; a deferred
compensation program; company structured attendance and safety bonus plans;
company structured paid vacation for full-time employees after certain
employment periods; company structure sick leave after one year of service; and
six company structured paid holidays.
All other tenns and conditions of Section B6 shall remain the same.
4. Section 13 is hereby amended to read as follows:
13. Contract Administrators:
2
~-BO
City:
Andres S. Trujillo, Transit Coordinator
707 F Street
Chula Vista, CA 91910
Phone: (619) 691-5260
Fax: (619)691-3171
Contractor:
Sandra Showalter, Vice President of Operations
100 Sixteenth Street
San Diego, CA 92101
Telephone: (619) 238-0100
Fax: (619) 696-8159
5. Except as expressly provided herein, all other provisions of the Original Agreement shall remain in full
force and effect.
"
H:\HomelAttorneylAgree\] stAmendSDTransitdoc
(NEXT PAGE IS SIGNATURE PAGE)
3
(p - 3/
.- -------_. ---------_.~----
Signature Page
to
First Amendment to
Agreement between
City of Chula Vista and
San Diego Transit Corporation
for Fixed Route Bus Service
IN WITNESS WHEREOF, City and Contractor have executed this First Amendment to Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to its tenns:
Dated: ClTYOFCHULA VISTA
By: S~~~
Attest:
:- -"5;.1.1 ¿t ~~~~
Susan Bigelow, City Clerk
Approved as to Conn:
Dated: SAN DIEGO TRANSIT CORPORATION
By:
Dated:
Exhibit LiS! to Agreement
( X ) Exhibit A.
H,IHomelAttomeylAgreel I stAmendSDTransitdoc
4
h~3;)..
SECOND AMENDMENT TO
AGREEMENT BETWEEN
CITY OF CHULA VISTA AND
SAN DIEGO TRANSIT CORPORATION
HEREINAFTER REFERRED TO AS "CONTRACTOR"
FOR FIXED-ROUTE BUS SERVICE
This agreement dated for the purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City, whose business
fonn is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as
Contractor, whose business fonn is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone
numbers are set forth on Exhibit A, Paragraph 6 and is made with reference to the following facts:
Recitals
Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chula
Vista provided Transportation Development Act (TDA) Article 4.0 funds
are available; and
Whereas, City entered into a two year agreement from July 1, 1998 through June 30, 2000 with San Diego
Transit Corporation for the provision of Fixed Route Bus Service; and
Whereas, on July 1, 2000, Council adopted a resolution waiving the bidding process and extending the
agreement by one year; and
Whereas, that agreement included an option to extend the agreement for one additional year; and
Whereas, on February 27, 2001, Council adopted a resolution to exercise that one year option; and
Whereas, Contractor 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 Contractor to City within the timeframes herein
provided all in accordance with the tenus and conditions of this Agreement.
NOW, THEREFORE, the parties do hereby mutually agree as follows:
1. The Original Agreement and First Amendment are hereby amended in the following regards only:
Add item (4) to Exhibit A, Section 11A, Rate Schedule to read as follows:
Rate Schedule for Time and Materials: Fees for Additional Services to be negotiated and
4. shall be mutually agreed upon prior to the performance of any such Additional Services
2. Add item (3) to Exhibit A, Section lIB to read as follows:
(3) Emergency Work
In the event of an emergency and upon the request of the City, Contractor shall make
transportation, conununication, and other desired equipment available for emergency service as
detennined by the City. Emergency services may consist of evacuation, transportation of injured,
and movement of people and food to emergency shelter or other designated areas as directed by
the City. Contractor shall be paid the SpeciaVCharter rate for emergency work.
1
h Q.?-
...,¡,;;;>
3. Add Subsection "C" to Exhibit A, Section 11 to read as follows:
C. Operator Incentive Bonus
In the sole discretion of the City, City may, effective July 2001, deliver an "Operator Incentive"
bonus to be distributed by Contractor solely to CVT operators who meet the following criteria:
0 Be on full active duty
0 Work at least 21 days of the month (including permissible absences)
0 No miss-outs (latelno shows)
0 No preventable accidents
On the fifth day of each month Contractor shall provide the City's Transit Coordinator with a list
of CVT operators who have met the above criteria. City may, in its discretion, deliver the bonus
funds to the Contractor to be distributed equally by the Contractor among all drivers eligible to
receive it based on meeting the criteria. Contractor shall be responsible for the distribution and
administration of these funds as directed by the City's Transit Coordinator.
Contractor acknowledges and agrees that the City is under no fmancial obligation to deliver this
bonus and it forms no part of the Contractor's compensation for CVT services. This bonus is
completely separate from any wage or benefit negotiated between Contractor and any bargaining
unit. The City retains the right to revise the qualifying criteria at any time..
4. Add new Section 16, to Exhibit A to read as follows:
No claim as a third party beneficiary under this Original Agreement and Amendments thereto by
any person, entity, firm, or corporation shall be made or be valid against City or Contractor.
5. Except as expressly provided herein, all other provisions of the Original Agreement, and First
Amendment shall remain in full force and effect.
(NEXT PAGE IS SIGNATURE PAGE)
2
~ 31
Signature Page
to
Second Amendment to
Agreement between
City of Chula Vista and
San Diego Transit Corporation
for Fixed Route Bus Service
IN WITNESS WHEREOF, City and Contractor have executed this First Amendment to Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to its tenns:
Dated: CITY OF CHULA VISTA
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to fonn:
John Kaheny, City Attorney
Dated: SAN DIEGO TRANSIT CORPORATION
By:
Name of person, title
Dated:
Exhibit List to Agreement
( X ) Exhibit A.
3
~ c'
-3-..:;;
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
TRANSIT CORPORATION AND AUTHORIZING THE MAYOR TO
EXECUTE THE AMENDMENT
WHEREAS, on April 7, 1998, Counci 1 adopted a resolution
waiving the bidding process and adopting a new agreement with San Diego
Transit Corporation for the two year period July 1, 1998 through June 30,
2002; and
WHEREAS, this agreement included an option, exercisable by the
City, to extend the agreement by one year from July 1, 2001 through June
30, 2002; and
WHEREAS, at its meeting on February 27, 2001, the City Council
approved the City of Chula Vista and SDTC for fixed-route bus service by
exercising the option year for the period July 1, 2001 through June 30,
2002; and
WHEREAS, the Metropolitan Transit System budget provided
$60,000 for the City to distribute a bonus to bus drivers who meet
certain criteria; and
WHEREAS, City and San Diego Transit Corporation wish to
provide for the City's emergency service demands.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve the Second Amendment to the Agreement
between the Ci ty of Chula Vista and San Diego Transit Corporation for
Fixed Route Bus Service, in the form presented, 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 Amendment for and on behalf of
the City of Chula Vista.
Presented by Approved as to form by
U
John P. Lippitt
Director of Public Works
J,\aUornay\mo\San Diago Tran," Bua S,rviaa
~-3~
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: r¡
MEETING DATE: 07 /24/01
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A COOPERATIVE AGREEMENT WITH THE
SOUTHWESTERN COLLEGE SMALL BUSINESS DEVELOPMENT AND
INTERNATIONAL TRADE CENTER TO COORDINATE SERVICES,
IDENTIFY GAPS AND TARGET SERVICES, AND AVOID DUPLICATION
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR \...~~ ~
REVIEWED BY: CITY MANAGER
4/5THS VOTE: YES D NO 0
BACKGROUND
This agreement is similar to a previous agreement, which expired in 1997, and was signed by both
the Southwestern College Small Business Development ond International Trade Center [SBDITC] and
the City of Chula Vista [City] on November 2Slh, 1996. In an effort to re-establish and solidify 0
partnering relationship with Southwestern College, staff requests a renewal of this agreement. If
adopted, this new agreement will expire on July 1 >1, 2002 and will be renewed annually. The scope
of work outlines a collaborative relationship between the aforementioned parties in the areas of
small business development, retention, and exponsion services. Staff is requesting that Council
formally authorize the Moyor to sign the FY 2000/2001 Cooperative Agreement with the SBDITC
RECOMMENDATION
Stoff recommends lhat Council adopt the resolution approving the renewal of the Cooperative
Agreement with Southwestern College Smoll Business Development and International Trade
Center SBDITC
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Scope of Work
The City of Chula Vista in cooperation with Southwestern College [SBDITC] will work together to
better identify ond service the needs of small business operators by co-sponsoring and publicizing
seminars, workshops, and conferences; referring business requests for assistance to the
1]-1
- - .-- -..---------.------
PAGE 2, ITEM NO.: r¡
MEETING DATE: 04/18/00
appropriate agency; marketing and distributing flyers and brochures; and sharing research
results ond other informotion relevant to business retention and expansion.
Presently, the City and the SBDITC are co-sponsoring events like LEAP Fair, and training seminars
like Customer Service, Energy Conservation and Storefront Merchandizing. There is joint
representation on advisory and planning committees as well as team participotion in the City's
On-site Visitation Program. Most importantly, the City and the SBDITC will continue to work
together to identify and proactively oddress the challenges that face businesses today through the
Scope of Work outlined in this Cooperative Agreement.
The agreement will be reviewed and recommendations will be made if needed to include new
duties or projects atthe end ofthe FY2001 /2002.
FISCAL IMPACT
Staffina
Community Development Department Economic Development staff will be required to spend
some time in scheduling meetings, porticipating and plonning seminars, distribution of marketing
materials, and in information shoring activities. Concurrently, staff time will be required to
develop programs and service related to business retention and expansion activities In
collaboration with Southwestern College staff.
J\COMMDEV\STAFF.REP\O7.24-01\SWC MOU.doc
r¡~(}
- ---- ---
COOPERATIVE AGREEMENT
The City of Chula Vista (City) and the Southwestern Community College District acting
through its Small Business Development and International Trade Center (SBDITC) agree to
coordinate their respective services as described in the following document. The objective of
this Agreement is to coordinate the services and activities of their respective Business
Retention and Expansion and Business Development Programs to avoid duplication, leverage
available resources, and maximize both Programs' impact and service delivery to Chula Vista
businesses.
The two aforementioned parties agree to make every effort to provide the following
services as outlined below:
1. Communications and Networkinq
a) City and SBDITC will interface electronically through the Internet and/or other
telecommunication systems.
b) City and SBDITC staff will conduct periodic meetings as appropriate and feasible.
2. Service Referrals
a) The City agrees to refer requests for assistance from appropriate clients to SBDITC.
b) SBDITC agrees to follow up on referrals within ten working days after the initial
referral.
c) SBDITC agrees to provide City with updates of services provided to referral
companies,
3. Sharinq of Resources
a) SBDITC agrees to provide technical assistance, one-on-one counseling, workshops,
seminars, credit courses, and referral services to clients of City.
b) City agrees to make every effort to provide SBDITC with access to conference and
meeting rooms, when available, to schedule technical assistance and one-on-one
counseling sessions for City referral clients.
c) SBDITC agrees to allow the use of the Business Resource Center at no charge,
except for copies and supplies, to City business referrals.
d) When feasible and appropriate, City and SBDITC staff will provide access to each
other's databases, survey results, economic development studies, reference
manuals, etc.
4. Outreach and Promotions
a) SBDITC agrees to work with City to develop and conduct training
seminars/workshops specific to the needs of business.
b) SBDITC and City staff shall attempt to leverage and optimize respective resources
by partnering on marketing, outreach, and promotional activities whenever
appropriate and feasible. Joint marketing efforts may include joint participation in
r¡~3
conferences, trade shows and business forums, the Local Employer Assistance
Program (LEAP) Fair, and City's On-site Visitation Program.
c) SBDITC and City agree to work cooperatively to co-sponsor and publicize LEAP and
related SBDITC events and activities. Publication efforts may include use .of
newsletters and websites for event and activity announcements.
d) Both SBDITC and City will supply each other with economic development related
brochures and fliers for display and distribution to the community as appropriate.
5. Advisorv Boards, Task Forces, Visitation Team
a) SBDITC agrees to consider City representation on economic development-related
advisory boards and task forces when appropriate and feasible [e.g., Advisory
Committee Meeting].
b) City agrees to consider SBDITC representation on Chula Vista economic
development-related advisory boards and task forces when appropriate and feasible
[e.g., On-site Visitation Team].
6. Each party to this Agreement is an independent contractor. No legal partnership is
created hereby.
7. Each party agrees to indemnify and hold harmless the other from and against all claims for
losses, damages or liability arising from the indemnifying party's negligent <Jcts, errors,
omissions or willful misconduct committed in the performance of its obligations under this
Agreement.
This Agreement can be terminated anytime at either party's discretion. This Agreement shall
be in effect from June 14, 2001 through June 30, 2002.
CITY OF CHULA VISTA SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT
Shirley Horton, Mayor
APPROVED AS TO FORM
John M. Kaheny, City Attorney
Originator: ..JJ\~ 'W::)(ic ,lXar) Approved As To Form:
6:..ot\crnll., VE'v. <:\- Cù~l=Ud lrG("-~ Marcie E. Sinclair
Vice President For Human Resources
Phone: (tv 19) 1-(.'0 d- - (P::,IS & Legal Affairs
'l-~ Date: '- JJ..a¡; A q , :2...00 I
- ......._... --....'----' ---
:
Governing Board Agenda 5-13-01
n~ -- ---------- - ---- ----~----------- - ------~------~-_._- .---. ._--_____~e 15 of 21
ITEM
Action 27. - -MEMORANDUM OF UNDERSTANDING WITH THE SACRAMENTO REGIONAL CENTER
FOR INTERNATIONAL TRADE DEVELOPMENT & CALIFORNIA MEXICO TRADE
ASSISTANCE CENTER (ENCLOSURE)
(Shadko)
I
'--r' -------
----.-.
Recommend approval of agreement with the Sacramento Regional Center for International
Trade Development & California Mexico Trade Assistance Center, to provide services and
activities to their respective clients for the period June 14, 2001 through June 30, 2002, to the
benefit of the District up to $3,000; and further recommend that the Superintendent/President
be authorized to sign the agreement and any future amendments, which may occur.
Action 28. COOPERATIVE AGREEMENT WITH THE CITY OF CHULA VISTA (ENCLOSURE)
(Shadko) _.~----
--~------- ------- - - -- - .-----------._--.
------~-----~---~-----------_.. -- - ------- ... -.--.---- ---
Recommend ápproval of agreement with the City of Chula Vista, to provide services and
activities to respective clients, for the period June 14, 2001 through June 30, 2002, at no cost
to the District; and further, recommend the Superintendent/President be authorized to sign
the agreement and any future amendments, which may occur.
Action 29. AGREEMENT WITH SAN DIEGO COMMUNITY COLLEGE DISTRICT, CENTRE
CITY/SKILLS CENTER (ENCLOSURE)
(Shadk~~____---;--- ------- -----~_.- n -- -----
--___.__n___.__-------~---_.._-------_. ------------.-.---
-----~--- - --------._-
Recommend approvai of agreement with San Diego Community College District, Centre
City/Skills Center, to become a Cisco Local Academy, for the period August 12, 2001
through June 30, 2003, with the District receiving $3,000 annually and $1,000 for each new
instructor who completes the train-the-trainer program; and further, recommend the
Superintendent/President be authorized to sign the agreement and any future amendments,
which may occur.
Action 30. AGREEMENT WITH SAN DIEGO COMMUNITY COLLEGE DISTRICT, EDUCATIONAL
CULTURAL COMPLEX (ENCLOSURE)
Recommend approval of agreement with San Diego Community College District, Educational
Cultural Complex, to become a Cisco Local Academy, for the period July 12, 2001 through
June 30, 2003, with the District receiving $3,000 annually and $1,000 for each new instructor
who completes the train-the-trainer program; and further, recommend the Superintendent/
President be authorized to sign the agreement and any future amendments, which may
occur.
1-5
n- ----------
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A COOPERATIVE AGREEMENT WITH THE
SOUTHWESTERN COLLEGE SMALL BUSINESS DEVELOPMENT
AND INTERNATIONAL TRADE CENTER TO COORDINATE
SERVICES, IDENTIFY GAPS AND TARGET SERVICES, AND
AVOID DUPLICATION.
WHEREAS, a previous Cooperative Agreement was signed on November 25th, 1996; and
WHEREAS, a new agreement was developed in an effort to re-establish and solidify a
partnering relationship with Southwestern College; and
WHEREAS, 1he scope of work in this new agreement outlines a collaborative relationship
between the city of Chula Vista and Southwestern College Small Business and International Trade
Center [SBDITC] in the areas of small business development, retention, and expansion services;
and
WHEREAS, this new agreemen1 will expire on July 1st, 2002 but may be renewed with
approval of the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
hereby approves the Cooperative A9reement with Southwestern College Small Business Development
and International Trade Center [SBDITC] in the form presen1ed.
Presented by Approved as to form by
"
Chris Salomone
Director of Community Development
J :ICOMM DEV\RESOSISWC-MOU.doc
1-tp
--------. --------
y'
COOPERATIVE AGREEMENT
The City of Chula Vista (City) and the Southwestern Community College District acting
through its Small Business Development and International Trade Center (SBDITC) agree to
coordinate their respective services as described in the following document, The objective of
this Agreement is to coordinate the services and activities of their respective Business
Retention and Expansion and Business Development Programs to avoid duplication, leverage
available resources, and maximize both Programs' impact and service delivery to Chula Vista
businesses.
The two aforementioned parties agree to make every effort to provide the following
services as outlined below:
1. Communications and NetworkinÇ1
a) City and SBDITC will interface electronically through the Internet and/or other
telecommunication systems.
b) City and SBDITC staff will conduct periodic meetings as appropriate and feasible.
2. Service Referrals
a) The City agrees to refer requests for assistance from appropriate clients to SBDITC.
b) SBDITC agrees to follow up on referrals within ten working days after the initial
referral.
c) SBDITC agrees to provide City with updates of services provided to referral
companies.
3. Sharinq of Resources
a) SBDITC agrees to provide technical assistance, one-an-one counseling, workshops,
seminars, credit courses, and referral services to clients of City.
b) City agrees to make every effort to provide SBDITC with access to conference and
meeting rooms, when available, to schedule technical assistance and one-on-one
counseling sessions for City referral clients.
c) SBDITC agrees to allow the use of the Business Resource Center at no charge,
except for copies and supplies, to City business referrals.
d) When feasible and appropriate, City and SBDITC staff will provide access to each
other's databases, survey results, economic development studies, reference
manuals, etc.
4. Outreach and Promotions
a) SBDITC agrees to work with City to develop and conduct training
seminars/workshops specific to the needs of business.
b) SBDITC and City staff shall attempt to leverage and optimize respective resources
by partnering on marketing, outreach, and promotional activities whenever
appropriate and feasible. Joint marketing efforts may include joint participation in
ry-r¡
- -------'--"-'-----."
conferences, trade shows and business forums, the Local Employer Assistance
Program (LEAP) Fair, and City's On-site Visitation Program.
c) SBDITC and City agree to work cooperatively to co-sponsor and publicize LEAP and
related SBDITC events and activities, Publication efforts may include use of
newsletters and websites for event and activity announcements.
d) Both SBDITC and City will supply each other with economic development related
brochures and fliers for display and distribution to the community as appropriate.
5. Advisory Boards, Task Forces, Visitation Team
a) SBDITC agrees to consider City representation on economic development-related
advisory boards and task forces when appropriate and feasible [e.g., Advisory
Committee Meeting].
bl City agrees to consider SBDITC representation on Chula Vista economic
development-related advisory boards and task forces when appropriate and feasible
[e.g., On-site Visitation Teaml.
6. Each party to this Agreement is an independent contractor. No legal partnership is
created hereby.
7. Each party agrees to indemnify and hold harmless the other from and against all claims for
losses, damages or liability arising from the indemnifying party's negligent acts, errors,
omissions or willful misconduct committed in the performance of its obligations under this
Agreement.
This Agreement can be terminated anytime at either party's discretion. This Agreement shall
be in effect from June 14, 2001 through June 30, 2002.
CITY OF CHULA VISTA
Shirley Horton, Mayor
APPROVED AS TO FORM
John M. Kaheny, City Attorney
Originator: ~~ Wjk~ ,l)oar¡ Approved As To Form:
fulìCrnlL, vev. q. C\J~Js1m'~d lr,,(C1t.~ Marcie E. Sinclair
Vice President For Human Resources
Phone: (LP 19) 1~ d- - l>;:;1S & legal Affairs
1-'6 Date: '- JJ..a¡; ?.<1 , :Loo I
...-....----..
'r' ~
Governing Board Agenda 6-13-01
Page 150121
. ~_n ===-~fEM-~=..==:::==~~---~---~~--- ---:..:::~
-Action 27. - MEMORANDUM OF UNDERSTANDING WITH THE SACRAMENTO REGIONAL CENTER
FOR INTERNATIONAL TRADE DEVELOPMENT & CALIFORNIA MEXICO TRADE
ASSISTANCE CENTER (ENCLOSURE)
(ShadkO)
. ---,,'--'~"~-~--'-""~.." -_n
,
,
....--..- ..---. _n.
Recommend approval of agreement with the Sacramento Regional Center for International
Trade Development & California Mexico Trade Assistance Center, to provide services and
activities to their respective clients for the period June 14, 2001 through June 30, 2002, to the
benefit of the District up to $3,000; and further recommend that the Superintendent/President
be authorized to sign the agreemen1 and any future amendments, which may occur.
Action 28. COOPERATIVE AGREEMENT WITH THE CITY OF CHULA VISTA (ENCLOSURE)
n_~_"~--
Recommend approval of agreement with the City of Chula Vista, to provide services and
activities to respective clients, for the period June 14, 2001 through June 30,2002, at no cost
to the District; and further, recommend the Superintendent/President be authorized to sign
the agreement and any future amendments, which may occur.
Action 29. AGREEMENT WITH SAN DIEGO COMMUNITY COLLEGE DISTRICT, CENTRE
CITY/SKILLS CENTER (ENCLOSURE)
Recommend approval of agreement with San Diego Community College District, Centre
City/Skills Center, to become a Cisco local Academy, for the period August 12,2001
through June 30, 2003, with the District receiving $3,000 annually and $1,000 for each new
instructor who completes the train-the-trainer program; and further, recommend the
Superintendent/President be authorized to sign the agreement and any future amendments,
which may occur.
Action 30. AGREEMENT WITH SAN DIEGO COMMUNITY COLLEGE DISTRICT, EDUCATIONAL
CULTURAL COMPLEX (ENCLOSURE)
Recommend approval of agreement with San Diego Community College District, Educational
Cultural Complex, to become a Cisco local Academy, for the period July 12, 2001 through
June 30, 2003, with the District receiving $3,000 annually and $1,000 for each new instructor
who completes the train-the-trainer program; and further, recommend the Superintendent/
President be authorized to sign the agreement and any future amendments, which may
occur.
r;-q
-. ---.. ,_. '---'-"
COUNCIL AGENDA STATEMENT
ITEMí!
MEETING DATE 7/24/01
ITEM TITLE: Resolution Authorizing the purchase of unleaded gasoline and
diesel fuel on an as-needed basis from The SOCO Group, Inc., in accordance
with terms and conditions of a cooperative agreement with the City of San
Diego, for a period of one year beginning August 1",2001 through July 31 ",
2002, with options to renew for four additional one year periods.
SUBMITTED BY: Deputy City Manager Powell jXJ
REVIEWED BY: City Manager&/l,) 1'-' (4/Sths vote: Yes_No~
fe' Approximately 286,200 gallons of unleaded and 86,300 gallons of diesel fuel are purchased annually
for City use. In addition, approximately 140,000 gallons of diesel fuel will be purchased for Transit
use.
RECOMMENDATION: That Council adopt the resolution authorizing bulk purchase ofunleaded
gasoline and diesel fuel on an as-needed basis from The SOCO Group, Inc., in accordance with
terms and conditions of City of San Diego Request for Proposal #4061-01-S.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City ofChula Vista has purchased fuel through cooperative agreements with
the City of San Diego since 1995. These agreements have worked well and have eliminated the
necessity for Chula Vista to bid out fuel as a standalone requirement.
Prices ofthe existing contract are based on the Oil Price Information Service (OPIS) Weekly Index
for the San Diego region. Under the agreement, participating agencies are guaranteed fixed pricing
either above or below the OPIS rate at time of delivery. The current agreement has one option year
remaining. However, the City of San Diego has decided to bid out gasoline and diesel fuel to fully
press the market in light of rising prices.
A Request for Proposal (RFP) was issued to twenty-three (23) Southern California commercial
suppliers. The Cities of San Diego, Chula Vista, Carlsbad, National City, and the National City
Transit District combined fuel requirements for this proposal to capitalize on volume discounts. The
RFP differed from a Request for Bid in that it did not stipulate a pricing structure. Consequently,
several suppliers submitted proposals with pricing formulas that were not solely based on a price
differential for the OPIS Index.
Specifically, The SOCO Group, Inc. proposed a multiple pricing system by comparing daily prices
between San Diego rack rates and the West Coast Spot Market. As part of the pricing structure, a
1 % surcharge and freight would be added to the price per gallon. The 1 % surcharge would be fixed
through the life of the contract.
g-I
-,-,----,,'--,------,._--_..---
Page 2, Item ~
Meeting Date 7/24/01
The City ofChula Vista was named a primary agency in the current Request for Proposal. Chula
Vista provided usage data and delivery points and is entitled to all rights and privileges. Of the
twenty-three (23) bid packets mailed out; six (6) bidders responded. No local vendors responded
because there are no commercial fuel suppliers in the City ofChula Vista that meet bid requirements.
In summary, being able to take advantage of competitive pricing in two separate, although not fully
independent, local fuel markets should realize savings for those agencies participating in this
cooperative endeavor.
FISCAL IMP ACT: Approval of this action will authorize the expenditure of funds for the purpose
indicated from monies available in the adopted budget. A total of$596,000 is included in the Fleet
Maintenance FYOl/02 budget for City fuel and $211,400 for transit fuel. Transit's share offuel will
continue to be reimbursed at a rate of 100% to the General Fund on a monthly basis.
15 - ;;;-
_...-_.-... . --_. ----...-..--.----
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
UNLEADED GASOLINE AND DIESEL FUEL ON AN AS-
NEEDED BASIS FROM THE SOCO GROUP, INC. IN
ACCORDANCE WITH TERMS AND CONDITIONS OF A
COOPERATIVE AGREEMENT WITH THE CITY OF SAN
DIEGO, FOR A PERIOD OF ONE YEAR BEGINNING
AUGUST 1sT, 2001 THROUGH JULY 31sT, 2002, WITH
OPTIONS TO RENEW FOR FOUR ADDITIONAL ONE YEAR
PERIODS
WHEREAS, the City of Chula vista has purchased fuel
through cooperative agreements with the City of San Diego since
1995, which has eliminated the necessity for Chula Vista to bid
out fuel as a standalone requirement; and
WHEREAS, a Request for Proposal (RFP) was issued to 23
Southern California commercial suppliers from San Diego County
cities who combined fuel requirements to capitalize on volume
discounts; and
WHEREAS, the SOCO Group, Inc. proposed a multiple
pricing system by comparing daily prices between San Diego rack
rates and the West Coast Spot Market with a 1% surcharge and
freight added to the per gallon price; and
WHEREAS, approximately 286,200 gallons of unleaded and
86,300 gallons of diesel fuel are purchase annually for City use
and 140,000 gallons of diesel fuel is purchased for Transit use.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby authorize the purchase of unleaded
gasoline and diesel fuel on an as-needed basis from The SOCO
Group, Inc., in accordance with terms and conditions of a
cooperative agreement with the city of san Diego, for a period of
one year beginning August 1st, 2001 through July 31st, 2002, with
options to renew for four additional one year periods upon
approval by the Purchasing Agent.
Presented by Approved as to form by
Robert Powell
Deputy City Manager
J, \attorney\reso\socofuel
'6~:3
- - . -----.------
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: 3-
MEETING DATE: 07/24/01
ITEM TITLE: PUBLIC HEARING TO CONSIDER THE FORMATION OF THE
DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS
IMPROVEMENT DISTRICT (PBID)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION; CONFIRMING THE DIAGRAM AND ASSESSMENT;
PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT AND
ESTABLISHING THE DOWNTOWN CHULA VISTA PROPERTY-BASED
BUSINESS IMPROVEMENT DISTRICT (PBID) PURSUANT TO THE
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994;
OR
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF THE ASSESSMENT BALLOT
TABULATION AND ABANDONING THE PROCEEDINGS TO LEVY AN
ANNUAL ASSESSMENT FOR THE DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID)
SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR lsB-.+n c !>
REVIEWED BY: CITY MANAGER
4/5THS VOTE: YES D NO 0
BACKGROUND
The establishment of a Property-Based Business Improvement District (PBID) for Downtown Chula
Vista is a top priority of the City's revitalization efforts in the urban core. On May 1, 2001, the City
octed to support the establishment of the Downtown PBID and to sign the petition to contribute to the
PBID for 011 City and Redevelopment Agency properties within the proposed District. In accordance
with the Property and Business Improvement District Law of 1994 as set forth in Section 33600, et
seq., of the California Streets and Highways Code and Article XIIID of the Constitution of the State of
California, enacted by the approval of Proposition 218, and upon the successful completion of the
petition drive, the City, on June 5, 2001, adopted 0 Resolution of Intent to form the PBID. This
action set in motion the ballot proceedings that ore the subject af the public hearing before Council.
RECOMMENDATION
1. Open the public hearing, take testimony, and close the public hearing;
2. Direct staff to tally all ballots;
q-I
PAGE 2, ITEM NO.:
MEETING DATE:
3-
07/24/01
3. Adopt the resolution to either: A) approving the formation of the Downtown Chula
Vista Property-Based Business Improvement District or; B) acknowledging the failure of
District formation, based on the results of the weighted ballot tabulation.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Developed by 0 coalition of property and business owners, the Downtown Chula Vista Property-
Based Business Improvement District (PBID) is 0 benefit assessment district proposed to improve and
convey special benefits to properties located within Chula Vista's central business district. The PBID
will provide new improvements and activities, including economic development, marketing, parking
management and maintenance initiatives, beyond a baseline currently delivered by the City. This
approach has been used successfully in other business districts to reverse negative image, attract
new investors and increase occupancies and property values. The City has committed to the PBID
concept by supporting the establishment of the PBID through signing the initial petition (May 1,
2001) and through initiating the Proposition 218 vote (June 5, 2001.)
The PBID includes a 15 block area bounded by "E" Street on the north, Church Avenue on the east,
Landis Avenue on the west, and "I" Street on the south, with a special focus on Third Avenue
properties. All properties within the proposed District will be assessed a base rate of 7.7 cents per
square foot of lot size. In addition, properties will be assessed based on their lot frontage, with
properties along Third Avenue being ossessed at $9.35 per lineal foot of frontage ond properties off
of Third Avenue being assessed at $1.59 per lineal foot of frontage. The total first year PBID budget
is estimated at $303,285.
The PBID will provide 0 variety of enhanced services, including:
Economic Development, Marketing and Parking Management. These activities will
enhance the overall business image and marketability of downtown and create 0 favorable
business climate to recruit, retain and grow local businesses.
. Specific Programs: real estate and parking database, marketing materials, business retention
activities, map and directory, banners and signs, image campaign and advertising, collaborative
promotions, supplemental security and/or "ambassador" program, research and surveys,
parking promotions.
.
Distrid Wide Maintenance. These activities will include 24-Hour graffiti removal, periodic power
washing of side-walks, litter removal and special event clean-up.
. Specific Programs: contract graffiti removal, biannual power washing of sidewalks, weekly litter
removal, supplies and contingency.
q'd-
PAGE 3, ITEM NO.:
MEETING DATE: 07/24/01
Third Avenue Enhanced Maintenance. These activities will include all of the activities
associated with the existing Lighting and Landscape Maintenance District, including enhanced power
washing of sidewalks, daily landscaping maintenance and litter removal, and the provision of
electricity and irrigation.
. Specific Programs: power washing of sidewalks 6 times per year, daily litter removal and
landscape maintenance, electricity and irrigation, supplies and contingency, Third Avenue
Enhancement Reserve (5%.)
These priorities were established through a careful planning process that included the work of a
number of business and properly owners and civic-minded individuals. A PBID Steering Committee
was established and was the driving force behind the successful petition drive to establish the District.
The Management Plan priorities were established through one-on-one meetings with key property
owners, through stakeholder focus groups, through on extensive direct mail survey, and through two
public workshops. The top priorities established through this process included economic
development, downtown identity, marketing and promotions, parking management and better
landscape and streetscape maintenance. A complete description of these activities areas are found
in the attached Management Plan.
The 2002 operoting budget for the proposed PBID is as follows:
Improvements and Activities Total Budget Percent of Total
Economic Development, Marketing &
Parkina Manaqement $153,359 50.6%
Maintenance: District-Wide 28,863 9.5
Maintenance: Third Avenue Enhanced 39,727 13.1
PBID ODerations 66,895 22.1
PBID Reserve 14,442 4.8
Total $303,285 100.0%
The total 2002 operating budget is approximately $18,000 lower than initially forecast because of
corrections to the assessment rolls and a decision by the PBID Steering Committee not to assess
church properties for the economic development portion of the PBID Management Plan, thus
lowering their annual assessments significantly.
As indicated in prior reports to Council, on-going administration of the PBID will be managed by the
Community Development Deportment's Redevelopment Division, with technical assistance from the
Engineering Deportment. The Community Development Department will also provide on-going
oversight of the Downtown Business Association and appointed Executive Board, which will manage
the day-to-day affairs of the PBID. The City Council will be the appointing authority for the Executive
Boord. An initial slate of 7 or 9 members will be presented for approval if the PBID passes. The
Board will include members representing properly owners, residents and business owners and will
include representatives from the Third Avenue Enhanced and District wide areas. Formal By-Laws
9~3
PAGE 4, ITEM NO.:
MEETING DATE:
~
07/24/01
and a 501 C (3) non-profit status will be finalized within the next several months. Council will be
kept fully apprised of the status af these efforts.
FISCAL IMPACT
Upon successful adaption af the Property-based Business Improvement District through the
Proposition 218 vote, the City and Redevelopment Agency will be assessed for properties owned
within the boundaries of the District (beginning in January 2002.) The initial annual assessment
is estimoted to be approximately $42,000 (split between City-owned properties with an
assessment of approximately $27,000 and Redevelopment Agency-owned properties with an
assessment of approximately $15,000.) It is proposed that, the Redevelopment Agency will also
pay the City's assessment. As a result, the Agency would no longer directly subsidize the
Downtown Business Association (DBA). The current annual subsidy includes $20,000 for the
Town Manager's salary; $15,000 for downtown promotions; and $15,000 for downtown
advertising. These items will now be the direct responsibility of the PBID. The net effect is a
reduction of approximately $8,000 for the first year in direct Redevelopment Agency subsidies for
downtown activities. The PBID, through it's Advisory Board, may increase its annual assessment
by the Consumer Price Index or 5 percent, whichever is less.' The PBID will be the subject of
another Proposition 218 ratification vote in 5 years.
AnACHMENTS
Management Plan (includes Engineer's Report and Map af District)
J :\COMMDEV\Estes\ TCI\PBID Contract\iulycouncllagendastatemenf .doc
9-1
RESOLUTION NO, 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION; CONFIRMING THE
DIAGRAM AND ASSESSMENT; AND ESTABLISHING THE
DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS
IMPROVEMENT DISTRICT (PBID) PURSUANT TO THE
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
LAW OF 1994
WHEREAS, the Property and Business Improvement District Law of 1994 (California
Streets and Highway Code Section 33600 et seq.)(the "PBID Law") authorizes the City ofChula
Vista to form one or more property based business improvement districts ( a "PBID") within
Chula Vista; and
WHEREAS, on June 5, 2001, the City Council adopted Resolution No, 2001- 175
entitled Resolution of Intention of the City Council of the City of Chula Vista to Form a
Business Improvement District Pursuant to the Property and Business Improvement District Law
of 1994; and
WHEREAS. the PBm will be located in downtown Chula Vista and will include the area
from E Street to I Street and from Church Avenue to Landis Avenue; and
WHEREAS. the services to be provided in the PBID will include economic development,
marketing and parking management; district wide maintenance; and Third Avenue enhanced
maintenance: and
WHEREAS. the services to be provided in the PBm will be funded by a levy of
'assessments which assessments shall be used for the purposes specified in the PBID management
plan; and
WHEREAS, the estimated costs for the first year of operation of the PBm will be
approximately Three Hundred and Three Thousand Two Hundred Eighty Five Dollars
($303,285) which cost may be increased in future years a maximum of five percent (5%)
annually;
WHEREAS, a more detailed description of the location, services and costs of operation
of the proposed PBm are set forth in the management plan on file with the City Clerk and
incorporated in this Resolution by this reference (the "PBID Management Plan"); and
WHEREAS, each record owner within the boundaries of the PBID received an
assessment ballot with which the owner could vote his or her support or opposition to the PBID;
and
12351011146503.2
Cj-5
WHEREAS, a noticed public hearing was be held by the City Council to receive public
input on the proposed PBID on July 24, 2001 at 6:00 P.M. at City Council Chambers, 276 Fourth
A venue; and
WHEREAS, a minor change to the PBlD Management Plan has been recommended
which would exempt churches within the PBID from paying assessments related to economic
development activities within the PBID.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby declare the results of the assessment ballot tabulation; confirm the diagram
and assessment; and establish the Downtown Chula Vista Property-based Business Improvement
District (PBID) pursuant to the Property and Business Improvement District Law of 1994
and California Government Code Section 53753; and be it
FURTHER RESOLVED that the a duly notice public hearing was held by the City
Council to receive public input on the proposed PBID on July 24, 2001 at 6:00 P.M. at City
Council Chambers, 276 Fourth Avenue, pursuant to Section 36621(c)(2) of the PBID Law and
Section 53753(d) of the California Government Code; and be it
FURTHER RESOLVED that the PBID will be located in downtown Chula Vista and will
include the area from E Street to I Street and from Church Avenue to Landis Avenue as more
particularly described on the map attached to the PBID Management Plan; and be it
FURTHER RESOLVED that the services to be provided in the PBID will include
economic development, marketing and parking management; district wide maintenance; and
Third Avenue enhanced maintenance as more particularly described in the PBID Management
Plan; and be it
FURTHER RESOLVED that the estimated costs for the first year of operation of the
PBID will be approximately Three Hundred and Three Thousand Two Hundred Eighty Five
Dollars ($303,285) which cost may be increased in future years a maximum of five percent (5%)
annually; and be it
FURTHER RESOLVED that the City Council has carefully considered public input
received during the public hearing and has determined that the establishment of the PBID is in
the best interest of the City of Chula Vista; and be it
FURTHER RESOLVED that the properties within the PBID shall be subject to any
amendments to the PBID Law; and be it
FURTHER RESOLVED that the activities to be provided within the PBID will be funded
by a levy of the assessment of properties within the PBID and that the revenue shall not be used
to provide improvements or activities outside the PBID or for any purpose other than as specified
by the PBID Management Plan as modified by this Resolution; and be it
1235\01\146503.2
9-~
FURTHER RESOLVED that the City Council finds and detennines based on the
infonnation presented to the City Council, including the engineer's report prepared as part of the
PBID adoption process, that the properties located within the PBID will be benefited by the
improvements and activities funded by the PBID assessment; and
FURTHER RESOLVED that following the closing of the public hearing, the City Clerk
tabulated the assessment ballots and has found that a majority of the assessment ballots
submitted, and not withdrawn, were in favor of the establishment of the PBID; and be it
FURTHER RESOLVED that the PBID Management Plan shall be amended to exempt
churches in the PBID from paying assessments related to the economic development activities
within the PBID and that the City finds and detennines that such amendment does not
substantially change the overall assessment of the PBID; and be it
FURTHER RESOLVED that the City Clerk is directed to a record a notice and
assessment diagram pursuant to California Street and Highway Code Section 3114.
Presented by
Approved as to fonn by
Chris Salomone
Director of Community Development
\
~..
J .\COMM DEV\RESOSIRESUJUL YPBID.doc
1235\01\1465032
fj-1
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION AND ABANDONING
THE PROCEEDINGS TO LEVY AN ANNUAL ASSESSMENT
FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED
BUSINESS IMPROVEMENT DISTRlCT
WHEREAS, the Property and Business Improvement District Law of 1994 (California
Streets and Highway Code Section 33600 et seq.)(the "PBlD Law") authorizes the City ofChuIa
Vista to form one or more property based business improvement districts ( a "PBID") within
Chula Vista; and
WHEREAS, on June 5, 2001, the City Council adopted Resolution No. 2001- 175
entitled Resolution of Intention of the City Council of the City of Chula Vista to Form a
Business Improvement District Pursuant to the Property and Business Improvement District Law
of 1994; and
WHEREAS, the PBlD was proposed to be located in downtown Chula Vista in the area
from E Street to I Street and from Church Avenue to Landis Avenue; and
WHEREAS, each record owner within the boundaries of the PBlD received an
assessment ballot with which the owner could vote his or her support or opposition to the PBID;
and
WHEREAS, a noticed public hearing was be held by the City Council to receive public
input on the proposed PBID on July 24, 2001 at 6:00 P.M. at City Council Chambers, 276 Fourth
Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby declare the results of the Assessment Ballot Tabulation and Abandons the
Proceedings to levy an Annual Assessment for the Downtown Chula Vista Property-Based
Business Improvement District (PBID.)
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
..
1
,
,
---//
J .\COMMD[V\RESOS\rcs(~iulyncgative_DOC
1235\01\146571 1
tJ-g
MANAGEMENT PLAN
for the
DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT
FINAL PLAN July 2001
CONTENTS
I. Downtown Chula Vista PBID At-A-GIance 1
II. Why a PBID for Downtown Chula Vista? 3
III. What Is a Property-Based Business Improvement District? 4
A. Matrix of Comparable Districts
IV. Downtown Chula Vista PBID Boundary 6
A. PBID Boundary
V. Improvement and Activity Plan
A. Process to Establish the Improvement and Activity Plan 8
B. Improvement and Activity Plan
1. Economic Development, Marketing &
Parking Management 9
2. Maintenance 11
3. PBID Operations and Reserve 11
C. Budgets
1. Operating Budget Summary 12
2. Five Year Operating Budget 12
VI. Assessments
A. Assessment Methodology 14
B. Calculation of Assessments 14
C. Assessment Adjustments 15
D. Time and Manner for Collecting Assessments 16
E. Disestablishment 16
F. Government and Non-Profit Assessments 16
VII. Business Improvement District Governance
A. How PBlDs Are Governed 17
B. Downtown Chula Vista PBID Advisory Board 18
C. Downtown Chula Vista Management Organization 18
D. Impact on Existing Downtown Districts 19
/1- /
- --- --------------------------
I. DOWNTOWN CHULA VISTA
PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT
AT-A-GLANCE
Developed by a growing coalition of property and business owners, the Downtøwn
Chula Vista property-based business improvement district (PBID) is a benefit assessment
district proposed to improve and convey special benefits to properties located within Chula
Vista's central business district. The PBID will provide new improvements and activities,
including economic development, marketing, parking management and maintenance
initiatives, beyond those currently provided by the City. This approach has been used
successfully in other business districts to reverse negative image, attract new investors and
increase occupancies and property values.
Location: Approximately a 15-block area along the Third Avenue commercial corridor,
bounded roughly by E Street to the north, Church Avenue to the east, Landis
Avenue to the west and I Street to the south. A map of the proposed district
boundary is attached.
Improve Economic Development, Marketing and Parking Management
ments & activities to enhance the overall business image and marketability of
Activities: downtown and create a favorable business climate to recruit, retain and grow
healthy businesses.
District-Wide Maintenance to remove graffiti, power wash sidewalks,
remove litter and clean after special events.
Third Avenue Enhanced Maintenance, including the privatization of an
existing City lighting and landscaping district, to add power washing, daily
landscaping and litter removal, electricity and irrigation.
Method of Levy of assessments upon real property that benefits from improve-
Financing: ments and activities.
Budget: Total district budget for its first year of operation is $303,285.
Cost: Annual assessments based upon an allocation of program costs and a
calculation of land acreage and street frontage. First year assessments will
not exceed:
Per sq.ft. of Lot Per foot of lot frontage
Properties Along Third Avenue,
between E and H Streets 7.7 cents $ 9.35
All Other Properties in the District 7.7 cents $ 1.59
-1-
,A-d--
- .--....-..-...--.----..---...----
Adjustments are provided for vacant land, churches and residential
properties with four units or less.
Cap: Assessments may be subject to changes in the annual San Diego Consumer
Price Index for all urban consumers, not to exceed 5% per year.
City The City of Chula Vista has developed an inventory of existing City
Services: services and a commitment to continue to provide services at existing levels.
Impact on The City's existing Third Avenue Landscaping and Lighting District will
Existing be dissolved and maintenance activities will be undertaken by the new
Districts: PBID. The existing business-license business improvement area will be
retained to support special events and retail promotions and it is
recommended that the PBID advisory board advise the Downtown Parking
District on parking management issues.
District District formation requires submission of petitions from property
Formation: owners representing more than 50% of total assessments- Petitions are then
submitted to City Council and a mail ballot is sent to all affected property
owners. The majority of ballots returned, as weighted by assessments to be
paid, must be in favor of the PBID to allow Council to form it.
Duration: The district will have a 5-year life beginning January 1, 2002. After 5 years,
the petition process must be repeated for the district to continue.
-2-
/1-3
-----------------------
--
II. WHY A PBID FOR DOWNTOWN CHULA VISTA?
There are several reasons why now is the right time to form a private sector
property-based business improvement district (PBID) in downtown:
1 The PBID is an Investment With Direct Benefits
More than 1,200 palOs have been formed in business districts throughout North
America and are acknowledged as a critical ingredient in downtown revitalization. palOs
are proven to work by funding improvements and activities that improve the overall viability
of a downtown - success is measured by higher occupancies, new businesses, increased
sales and property values. Local cities that are successfully using palOs to help revitalize
their downtowns include San Diego and EI Cajon.
2. Strengthen Downtown's Competitiveness in the Regional Marketplace
While the greater South Bay economy is rapidly growing, downtown Chula Vista
experiences more than its share of vacancies. The PBID will support a results-oriented set
of programs that will produce immediate tangible improvements. These improvements and
services will help accelerate efforts to attract new businesses and investment to downtown.
3. Create a Unified Voice for Downtown
A Downtown Chula Vista PBID will broaden the foundation for developing a viable
and unified private sector voice for downtown. One unified management entity with reliable
resources will increase the downtown business community's collective clout and our ability
to work effectively with the City, County and other civic partners.
4. Establish Private Sector Control and Accountability.
A Downtown Chula Vista PBID will be governed by an advisory board consisting of
property and business owners. Annual BID improvements, activities and budgets will be
developed by the advisory board, ensuring that the BID will be directly accountable to
those who pay. New programs, including privatization of the City's existing landscaping
and lighting district, will be subject to private sector performance standards and controls.
5. Flexibility for the Future
A PBID is a flexible tool, allowing for the reallocation of resources to meet new
demands as downtown evolves. As downtown's destinations are developed and mature,
today's priorities might shift. A PBID, under the direction of its property and business
owner advisory board, can change with the times.
-3-
;i-<-J
-- ...----------.-.-- ..----. _._-_.__..-----
III. WHAT IS A PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT?
The International Downtown Association estimates that more than 1,200 property-
based business improvement districts (PBID) currently operate throughout the United
States and Canada. A PBID provides enhanced improvements and activities, such as
maintenance and marketing, in addition to those provided by local government.
PBIDs are proven to work by providing services that improve the overall viability of
business districts -- resulting in higher property values and sales.
The Downtown Chula Vista PBID is being formed pursuant to the "Property and
Business Improvement District Law of 1994", which became effective on January 1,1995,
ushering in a new generation of PBIDs in California by allowing a greater range of services
and independence from government. This law includes provisions that:
. Allow PBIDs to undertake activities ranging from security to maintenance, marketing
to capital improvements, economic development to special events.
. Allow revenue for improvements and activities to be raised from assessments on
property.
. Require petition support from private property owners paying more than 50% of
proposed private property assessments to form a BID.
. Require formation of a property and business owner advisory board to supervise
BID operations and submit a yearly service plan.
. Provide up to a 5-year life for a BID and requires a new petition process to renew a
district.
Since the creation of the Property and Business Improvement District Law, new
PBIDs have been established in nearly 50 California communities, including several in the
San Diego area. PBIDs have been established in Downtown San Diego and Downtown EI
Cajon.
A matrix with information on PBIDs in communities comparable to Chula Vista is
provided on the following page.
-4-
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IV. DOWNTOWN CHULA VISTA PBID BOUNDARY
To investigate the feasibility of establishing the Downtown Chula Vista PBID, a study
area was initially defined with the aide of a property and business owner Steering
Committee. Following a series of property owner focus groups and surveys, these
boundaries have been refined for the recommended PBID.
The PBID service .area generally encompassed the Third Avenue commercial
corridor within the following boundaries:
. E Street to the north;
. Landis Avenue to the west;
. Church Avenue to the east; and
. I Street to the south.
A map depicting the general service area of the Downtown Chula Vista PBID is
provided on the following page and a detailed map with parcel detail is provided in the
Appendix.
-6-
/1- 7
-~ ----....------.--..
PBID
- Th'" Moo", E"h,"o.'
D Di,t,iot-Wid,
N PBIDB""",,,
D P"OO"
~!f? Downtown Property-Based - -~-I
. [.. Business Improvement District
01Y OF Downtown C~~I, Vista
CHUIA VISTA 0
Goo.",", .~tio" S".m
- --------------- ------
v. IMPROVEMENT AND ACTIVITY PLAN
A. Process to Establish the Improvement and Activity Plan
To form the improvement and activity plan for the Downtown Chula Vista PBID.
nearly 50 area property and business owners and civic leaders (or "stakeholders") have
been involved in a participatory process during the winter of 2000-2001. The consulting
firm of California BID Network was retained by the Downtown Business Association and
the City of Chula Vista to determine the feasibility for forming a downtown PBID. Key steps
of the process included:
1. PBID Steering Committee: To guide the consultant team and test the viability of
the PBID concept, the Downtown Business Association established a PBID Steering
Committee composed of downtown property and business owners. A roster of the
PBID Steering Committee is provided in the Appendix.
2. One-On-One Meetings with Key Property Owners: The consultant and Downtown
Business Association staff held a series of one-on-one meetings with property
owners located throughout the downtown PBID study area.
3. Stakeholder Focus Groups: To involve property and business owners in the
design and development of the plan, two stakeholderfocus groups were conducted
in January of 2001. The focus groups included a survey designed to assess service
priorities and an appetite for financially supporting PBID-type improvements and
activities.
Top community improvement priorities that emerged from 16 surveys completed by
participants in one-on-one meetings and focus groups included:
. Economic development
. Downtown identity
. Marketing and promotions
. Parking management
. Privatization of the City's landscape maintenance district
4. Direct Mail Survey: A direct mail survey was sent to property owners within the
downtown Chula Vista study area. Twenty-six (26) surveys were returned providing
additional input into the design of the improvement and activity plan. Findings
included:
. Respondents are generally satisfied with existing City services, rating
services 3.1 to 3.4 on a scale of 4.
-8-
;1- 9
- . '-.-'-'.----'------"
. Economic development was rated as the highest PBID service priority,
followed by street beautification and privatizing the City's landscape
maintenance district.
. If PBID services are provided, 31 % of respondents indicated that their values
would increase, 35% indicated that value enhancement will depend on the
services provided and 15% indicated that the PBID will have no impact on
values.
5. Plan Review Workshops/Final Plan: The draft PBID management plan budget and
plan was reviewed by the PBID Steering Committee and then presented in two
workshops held in late February. Input from the workshops and the PBID Steering
Committee led to the completion of the final plan.
B. Downtown Chura Vista PBID Improvement and Activity Plan
As determined by area property and business owners, the top priorities for
improvements and activities within the Downtown Chula Vista PBID boundary include:
. Economic development, marketing and parking management activities to
convey a positive business image and attract new businesses, jobs and investment.
. District-wide maintenance, including graffiti removal, periodic sidewalk power
washing and litter removal.
. Third Avenue enhanced maintenance, privatizing the City's existing landscape
maintenance district that takes care of landscaping, sidewalk power washing, litter
removal and lighting.
Based upon these findings, four different improvement and activity centers are
recommended for the Downtown Chula Vista PBID. The following narrative provides
recommendations for the first operating year of the PBID. Program activities may be
amended in subsequent years within the following general categories. Final programs and
budgets will be subject to the review and approval of the PBID Advisory Board.
1. Economic Development, Marketing & Parking Management
Economic development, marketing and parking management activities will aim to
improve the overall business image of the district with the goal of attracting and retaining
businesses, jobs and investment. While annual work programs and budgets will be
developed by the PBID Advisory Board, programs will be selected from a variety of options
that include the following:
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-.-----.---...
Economic Development
. Design and production of investor marketing packages to assist real estate brokers
and property owners in business recruitment efforts.
. Creation and maintenance of a downtown database with a variety of downtown
market and real estate information.
. Counseling, financing referrals and business support to start locally-owned
independent businesses.
. Trouble-shooting and permitting liaison services to assist property and business
owners to invest in downtown.
. Other business retention and recruitment activities.
Marketing
. Targeted advertising and image campaigns.
. Publication and wide distribution of the Downtown Map and Directory.
. Seasonal banners and decorations.
. Supplemental security and/or "ambassadors" to create a safer and more inviting
downtown environment.
. Market research to identify and better serve consumer markets.
. Communications, including publication of a periodic newsletter and creation of a
downtown web site.
. PBID ratepayer surveys to measure overall satisfaction with programs.
. Media relations activities to project a positive business image in local, regional and
national media.
. Other image enhancement and marketing activities.
ParkinQ Management
. Creation of a parking database to identify parking resources for new or expanding
businesses.
. Research on options to expanding and/or better managing downtown's parking
supply.
. Creation of free parking days, a parking meter token program or other methods for
marketing parking along with special events and seasonal promotions.
. Other parking management activities.
Program success will be measured by increased sales revenue, building occupancy,
restaurant volume, positive media exposure and periodic surveys of resident attitudes
toward Downtown.
Economic development, marketing and parking management activities are
budgeted for 50.6% of funds raised from paID assessments-
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_. . - ._---_._~_._------
2. Maintenance
The Downtown Chula Vista PBID will finance a downtown-wide maintenance
program intended to keep sidewalks clean, reduce litter and combat graffiti. The PBID will
assume responsibility of the City's existing landscape maintenance district along Third
Avenue and evaluate options for contracting with private firms for maintenance activities.
While the PBID Advisory Board will make the final determination for maintenance
programs, anticipated activities include:
District-Wide Maintenance
All properties within thePBID will receive the following services:
. Graffiti removal with a goal of 24-hour response upon report.
. Bi-annual power washing of all sidewalks within the PBID.
. Weekly litter removal.
. Cleaning after special events.
Third Avenue Enhanced Maintenance
In addition to the preceding services, properties along Third Avenue south of E
Street and north of H Street will receive the following enhanced maintenance services:
. Power washing of sidewalks an additional 4 times per year.
. Daily landscaping maintenance and litter removal.
. Electricity for enhanced lighting and irrigation for landscaping.
Maintenance activities are anticipated to account for 22,6% of the PBID
operating budget.
3. PBID Operations and Reserve
Administrative support is proposed to be provided by the Downtown Business
Association, an existing non-profit organization, and funds are allocated to office and
support services such as bookkeeping, office equipment and professional development
and training for the staff and PBID Advisory Board.
Operations costs are estimated at 22.1% of the PBID budget. In districts with
comparable budgets, operations costs typically range from 20% to 25%.
An operating reserve is also budgeted as a contingency for any payment
delinquencies and/or unforeseen budget adjustments. The PBID reserve accounts for
4.8% of the total budget. Subsequent budgets will aim to maintain an operating reserve
of approximately 5% of the total budget.
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. ..-.....-------"
,-,-,,"'---"-'-"
C. Improvement and Activity Plan Budgets
1. 2002 Operating Budget Summary
The summary of the 2002 operating budget for the Downtown Chula Vista PBID is
provided on the following page. The total improvement and activity plan budget for 2002
is projected at $321,800 with the following components:
Improvements & Activities Total Budget % of Total
Economic Development,
Marketing & Parking Management $ 153,359 50.6%
Maintenance: District-Wide 28,863 9.5%
Maintenance: Third Ave Enhanced 39,727 13.1%
PBID Operations 66,895 22.1%
PBID Reserve 14,442 4.8
Total $ 303,285 100.0%
2. Five Year Operating Budget
A projected five year operating budget for the Downtown Chura Vista PBID is
provided on page 13. The projections are based upon the following assumptions:
. Total program revenue may be adjusted each year by the annual change in the San
Diego Consumer Price Index (CPI) for all urban consumers, or 5%, whichever is
less. Actual annual increases will range from 0% to 5% and will be subject to the
annual review and approval ofthe PBID Advisory Board. The projections illustrate a
5% annual increase.
. Revenues for specific activities (i.e. economic development, marketing, parking
management, district-wide maintenance and PBID operations) may be reallocated
among activities from year to year based upon district needs and budgets
developed by the PBID Advisory Board.
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----..--....------.'.--'.'.----.--'.
DOWNTOWN CHULA VISTA PBID:
Proposed Operating Budget - Year 2002 (FINAL 7/01)
P"'paced by Ca"omla BID Netwo,k
= !iuH2J;¡J IQIAl. %..o1Io!aI
ECONOMIC DEVELOPMENT, MARKETING &
PARKING MANAGEMENT
Peesonnel: Prog",m development and manage-
ment ofa vahety oflnteHelated Inilallves
aimed to an",ct new ""Inesses and
",stomees (In"udes 75% E,ocullve DI,ecto, &
tOO% Mackellng Managee) 92,18B
Prog",ms
In"udes ,eal estate and packing database,
mackellng matehals, business 'etenllon actlv",es
Includes map/dl,ectocy, bannees and signs, Image
oampalgnladvertlslng, ",IIabo",lIve promotions,
supplemental se",my andlo, 'ambassadoes",
'esea,"" and su",eys, packing promollons 61,171
TOTAL ECONOMIC DEVELOPMENT, I
MARKETING & PARKING MANAGEMENT "',359 506%
MAINTENANCE/Dlsthotwide
G",lfilRemoval (by ",ntcact as needed) 10,000
Powe' Wash Sidewalks (2 IImeslyeac) 10,000
une' Removal (weekly) 7,500
Supplies and "'nllngen,>, 1,363
TOTAL MAINTENANCE/Q;strtotwlde I 28,B63 9.5%
MAINTENANCElThi", Avenue Enhanced
Powe,Wash Sidewalks (4 addilonal limes) B,OOO
Lme, RemovaULandsoape Malntenano. (dally) 17,500
Ele",lo'yIlITlgalion 10,000
Supplies and oonllngen,>, 2.335
Thl", Avenue Enhano.ment Rese",e (5%) t.B92
TOTAL MAINTENANCEIThI", Ave Enhanoed 39,727 131%
PBID OPERATIONS
Peesonnel: Admlnist",lIve Suppon, Includes
25% E..oullve DI",cto,' 50% Admin Asst 2B,t95
Rent (B50 sq.ft '5BOO) 6,BOO
UII"ies 1 ,BOO
EquipmenULeases 2,500
Insurnno. 2.500
Telephone t.BOO
SupplieS/P,lnling 2,500
Professional Development I,BOO
L""allProfesslonal Se",lo.s 2,500
Postage 2,500
Dues & Subsohpllons 1,000
Bookkeeping/Audit B,OOO
C'y Collection Fee 5,000
TOTAL PBID OPERATIONS 66,895 22.1%
I
PBIO RESERVE (5%) I 14,442 4.B%
TOTAL PBIO BUDGET I 3O3,2B5 100.0%
Allocation of PBID Ope,atlons & Rese"'e to Aotlvltles
Activity '.befo", Ope"'tlons Total
AoIIYll>< - -.. AIIgg Qn -
E"'nomlo Development, Mackellng &
Packing Management 153,359 69,1% 56,201 209,580
Maintenano./DlsUlctwlde 2B,B63 13.0% 10,577 39,440
MaintenanoefThl", Avenue Enhanoed 39,727 17.9% 14,559 84,2B'
TOTAL 221,948 100.0% BI,337 3D3,2B'
-13- 11- rL(
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VI. ASSESSMENTS
A. Assessment Methodology
To develop the PBID assessment methodology, the consulting firm of California BID
Network includes participation from Lowell & Associates, a certified engineer. Lowell
evaluated several methods of assessment for conveying special benefits from the type of
improvements and activities described within the Downtown Chula Vista PBID
Management Plan.
Service benefits are distributed to lot acreage and linear street frontage through a
"cost allocation" approach - the costs of specific services are allocated to the primary
assessment variables that benefit most from services.
. Lot acreage was chosen as the primary assessment variable for economic
development, marketing and parking management activities since the distribution of
benefits from the proposed services is expected to be uniform throughout the district
and proposed improvements and activities are intended to enhance value
throughout the district attracting new investment and providing a cleaner and safer
business environment
. Lot frontage was chosen as the primary assessment variable for maintenance
activities, since properties will benefit from better maintained landscaping and
sidewalks that run along the frontage of properties. Costs of district-wide
maintenance activities are allocated to all properties within the district, while Third
Avenue enhanced maintenance costs are allocated only to properties with frontage
on Third Avenue south of E Street and north of H Street.
B. Calculation of Assessments
The preceding methodology is applied to a database that has been constructed by
Lowell & Associates and the City of Chula Vista. The process for compiling the property
database includes the following steps:
. Property data was first obtained from the County of San Diego Assessor's Office
through the City of Chula Vista.
. County assessor property data was cross-checked with reliable private sector
sources.
. An extensive site survey was undertaken to verify data on a block-by-block basis.
. As an attachment to the Management Plan, an assessment notice will be sent to all
property owners within the proposed PBID. The assessment notice will contain lot
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acreage information. Property owners may request final verification of data on or
before July 1, 2001, which is one month prior to the submission of assessment
information to the County Auditor.
A list of properties to be included in the PBID is provided within the Appendix.
Based upon the methodology, property data and the proposed PBID budget,
approximate lot acreage and frontage assessments are calculated. Assessments will not
exceed the following amounts during the first year of the PBID:
Per sq.ft. of Per foot of lot
lot frontage
Properties Along Third Avenue,
between E and H Streets 7.7 cents $ 9.35
All Other Properties in the
District 7.7 cents $ 1.59
C. Assessment Adjustments
CPI Adjustment: For the initial five years ofthe PBID, annual assessments may be
adjusted by the PBID Advisory Board and approved by the City Council for annual changes
in the San Diego Consumer Price Index (CPI) for all urban consumers, or 5%, whichever is
less. Actual annual adjustments may range from 0% to 5%. In any event, assessments
will not exceed the levels illustrated by the table on page 14.
Vacant Unimproved land: For vacant unimproved land within the district,
assessments will be calculated at 50% of the assessment for improved lots. This
adjustment accounts for the lack of income production and utility provided by vacant
unimproved lots. When unimproved lots are improved with parking and/or a structure and
as evidenced by the issuance of a building permit, then the full assessment will be placed
on the improved property as of the following tax year.
Residential Uses - 4 Units or less: For the purposes of the PBID, parcels that
are exclusively residential uses with four (4) units or less will pay only for maintenance
services. Economic development, marketing and parking management activities will not
benefit exclusively residential properties with 4 units or less.
Churches: For the purposes of the PBID, parcels that are primarily a place of
worship and its accessory properties (i.e. parking) will pay only for maintenance services.
Economic development, marketing and parking management activities will not benefit
these parcels.
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Budget Adjustment: Any annual budget surplus or deficit will be rolled into the
following year's PBID budget. Assessments will be set accordingly, within the constraints
of the CPI adjustment, to adjust for surpluses or deficits that are carried forward. Note that
the PBID Operating Reserve will be maintained at approximately 5% ofthe PBID operating
budget.
D. Time and Manner for Collecting Assessments
As provided by state law, the Downtown Chula Vista PBID assessment will appear
as a separate line item on annual property tax bills prepared by the County of San Diego.
Property tax bills are distributed in the fall and payment is expected by lump sum or
installment. Existing laws for enforcement and appeal of propèrty taxes apply to PBID
assessments.
E. Disestablishment
State law provides for the disestablishment of a PBID pursuant to an annual review
process. Each year that the PBID is in existence, there will be a 3D-day period during
which the property owners will have the opportunity to request disestablishment of the
district. This 3D-day period begins each year on the anniversary day that the district was
first established by City Council.
Within that 3D-day period, if a written petition is submitted by the owners of real
property who pay 50 percent (50%) or more of the assessments levied, the PBID may be
disestablished. The City Council will hold a public hearing on disestablishing the PBID
prior to actually doing so.
F. Government and Non-Profit Assessments
The Downtown Chula Vista PBID Management Plan assumes that the City of Chula
Vista, County of San Diego and other government entities and non-profit organizations will
pay assessments for the special benefits conferred to government and non-profit-owned
property within the boundaries of the PBID. Article XIII 0 of the California Constitution was
added in November of 1996 and provides for these payments.
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VII. BUSINESS IMPROVEMENT DISTRICT GOVERNANCE
A. How PBIDs are Governed and Operated
Consistent with business improvement district (PBID) legislation throughout the
nation, California's "Property and Business Improvement District Law of 1994" establishes
a PBID governance framework that allows property owners who pay assessments to
determine how the assessments are used. The following components are required within a
reiD's governing structure:
. City Council: Following the submission of petitions from property owners
representing more than 50% of the assessments to be paid, the City Council holds a
series of public hearings and then may form the PBID. The PBID is established by
a resolution of the City Council with the power to levy assessments on property.
. Advisory Board: Prior to establishing the PBID, the City Council must appoint an
advisory board that will make recommendations on the operations of the PBID. The
advisory board is typically composed of property owners, businesses and other
assessment payers within the PBID. Per the state law, the Advisory Board makes
recommendations to the City Council on annual budgets and assessment rates.
. Management Organization: To deliver day-to-day PBID improvements and
activities, the City Council may enter into a contractual relationship with an existing
private sector management organization. In most PBIDs throughout the nation, the
management organization implements programs and is financed in part by proceeds
from PBID assessments.
For the Downtown Chula Vista PBID, an advisory board and management
organization structure is proposed that will meet the following objectives:
. Create and manage programs that carry out improvements and activities outlined in
the Downtown Chula Vista PBID Management Plan.
. Maximize coordination with government and civic organizations to leverage
resources and avoid duplication of services.
. Deliver programs through a cost-effective non-bureaucratic and easy to access
organizational structure.
. Provide for accountability to those who pay.
B. Downtown Chula Vista PBID Advisory Board
The Advisory Board is proposed as a 7 to 9 member board that would be composed
of property and business owners representing assessment payers by geographic location
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throughout the PBID and/or business segment. Geographic areas that should be
represented include:
. Third Avenue corridor, within the enhanced maintenance area;
. Third Avenue corridor, outside of the enhanced maintenance area;
. Church Avenue and/or Landis Avenue corridors.
Business segments that could be represented include:
. Professional Office;
. Retail;
. Church;
. Restaurant;
. Government;
. Vacant Land.
Advisory board representatives should be sought with a mix of business and
property types -- i.e. small and large property owners. As required by the "Parking and
Business Improvement District Law of 1994", at least one member of the Advisory Board
must be a business licensee who is not a property owner.
The initial Advisory Board will be appointed by the City Council prior to the
establishment of the PBID. Initial nominations for Advisory Board members will be
submitted by the Downtown Business Association board of directors which may include at-
large nominations from assessment payers. Two to three year staggered terms are
recommended. In subsequent years, nominations for Advisory Board members would be
submitted to the City Council by the Downtown Business Association board of directors
and may include at-large nominations from assessment payers. City Council would then
appoint the advisory board.
C. Downtown Chula Vista PBID Management Organization
..
The Advisory Board described above will influence the development of PBID
budgets and assessments, but it will not implement day-to-day improvements and
activities. The City Council may contract with a management organization to deliver
programs. For the Downtown Chula Vista PBID, the existing Chula Vista Downtown
Business Association is recommended to manage PBID programs. Based upon a
management organization model that is used widely in downtowns throughout the nation,
this existing 501 (c)(6) non-profit private corporation is well suited to carry out PBID
financed improvements and activities.
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D. Impact on Existing Downtown Districts
There are several existing downtown special districts that will either be dissolved or
restructured to work in concert with the new PBID, including:
. The City's Third Avenue Landscaping and Lighting District will be dissolved and
maintenance activities will be undertaken by the new PBID.
. The existing business-license based Business Improvement Area will be retained
and proceeds will be used to support special events and retail promotions, activities
that will not be financed by the PBID.
. It is recommended that the PBID Advisory Board advise the Downtown Parking
District on parking management issues, plans and policies.
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Downtown Chula Vista
Property Based -
Business Improvement District
Final Engineer's Report
July 16,2001
Prepared for:
City Council
City of Chula Vista,
San Diego County
Prepared by:
Terrance E. Lowell & Associates, Inc.
1528 Eureka Road, Suite 100
RoseviIle, CA 95661'
(916) 786-0685
~-d-(
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TABLE OF CONTENTS
CERTIFICATES................................................................................................................1
ENGINEER'S STATEMENT """""""""""""""""""""""""""""""""".......................2
ENGINEER'S REPORT:
EXHIBIT A: Description of Improvements and Activities ..................................3
EXHIBIT B: Estimate of Cost ................................................................................6
EXHIBIT C: Method of Apportionment ............................................................... 7
EXHIBIT D: Assessment Roll...............................................................................11
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page I of 16
CER TIFI CATES
The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated:
TERRANCE E. LOWELL & ASSOCIATES, INC.,
Engineer of Work
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment, was approved
and confirmed by the City Council of the City ofChula Vista, San Diego County, California, on the
day of ,2001.
SUSAN BIGELOW, City Clerk, City ofChula Vista,
San Diego County, California
By
A-d3
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Downtown Chufa Vista Business Improvement District Jufy 16,2001
Final Engineer's Report Page 2 of 16
ENGINEER'S STATEMENT
This report is prepared, as directed by the City Council, in relation to the Downtown Chula Vista
Property-Based Business Improvement District pursuant to Section 36600 ~ ~ of the California
Streets and Highways Code (the "Propen¡ and Business Improvement District Law of 1994") and
pursuant to the provisions of Article XIIID of the California Constitution (Proposition 218).
The Downtown Chula Vista Property-Based Business Improvement District ("PBID") is designed to
improve and benefit properties in the dO\mtown Chula Vista area from E Street to I Street and from
Church A venue to Landis A venue. Every property will receive benefit from the PBID by receiving
enhanced maintenance programs and economic development ac1ivities. ,Only properties within the
PBID shall receive the direct benefit of the proposed improvements and activities. It is determined
that each property will benefit from the proposed improvements and activities. A detailed
description of the improvements and activities to be provided is set forth in Exhibit A.
The duration of the proposed PBID is five (5) years and an estimated budget for the PBID
improvements and activities is set forth in Exhibit B. The budget reflects a potential for an annual
increase in the assessment, which may no1 exceed 5% per year, as determined by the PBID advisory
board. Funding for the PBID improvements and activities shall be derived from a property based
assessment of each benefitted parcel in the PBID. A detailed description of the methodology for
determining the benefit assessment for each parcel is set forth in Exhibit C.
This report includes the following attached exhibits:
EXHIBIT A: A detailed description of the improvements and activities to be provided.
EXHIBIT B: The estima1e of the cost of the improvements and activities.
EXHIBIT C: A statement of the method by which the undersigned determined the amount
proposed to be assessed against each parcel, based on benefits to be derived by
each parcel, respectively. from the improvements and activities.
EXHIBIT D: An assessment roll, showing the amount proposed to be specially assessed against
each parcel of real property within this assessment district.
Respectfully submitted,
Terrance E. Lowell, P.E.
/1-;2'-/
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Downtown Chula Vista Business Improvement District July 16. 2001
Final Engineer's Report Page 3 of 16
EXHIBIT A: DESCRIPTION OF IMPROVEMENTS AND
ACTIVITIES
As determined by area property and business owners, the top priorities lòr improvements and
activities within the Downtown Chula Vista PBID boundary include:
. Economic development, marketing and parking management activities to convey a
positive business image and attract new businesses, jobs and investment.
. District-wide maintenance, including graffiti removal, periodic sidewalk power
washing and litter removal.
. Third Avenue enhanced maintenance, privatizing the City's existing landscape
maintenance district that takes care of landscaping, sidewalk power washing, litter
removal and lighting.
Based upon these findings, four different improvement and activity centers are recommended for the
Downtown Chula Vista PBID. The following narrative provides recommendations for the first
operating year of the PBID, Program activities may be amended in subsequent years within the
following general categories. Final programs and budgets will be subject to the review and approval
of the PBID Advisory Board,
Economic Development, Marketing & Parking Management
Economic development, marketing and parking management activities \\ill aim to improve the
overall business image of the district with the goal of attracting and retaining businesses, jobs and
investment. While annual work programs and budgets will be developed by the PBID Advisory
Board, programs will be selec1ed from a variety of options that include the following:
Economic Development
. Design and production of investor marketing packages to assist real estate brokers and
property owners in business recruitment efforts.
. Creation and maintenance of a downtown database with a variety of downtown market
and real estate information.
. Counseling, financing referrals and business support 10 start locally-owned independent
businesses.
. Trouble-shooting and permitting liaison services to assist property and business owners
to invest in downtown.
. Other business retention and recruitment activities.
Marketin~
. Targeted advertising and image campaigns.
+ Publication and wide distribution of the Downtown Map and Directory.
. Seasonal banners and decorations.
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 4 of 16
. Supplemental security and/or "ambassadors" to create a safer and more inviting
downtown environment.
. Market research to identify and better serve consumer markets.
. Communications, including publication of a periodic newsletter and creation of a
downtown web site.
. PBlD ratepayer surveys to measure overall satisfaction with programs.
. Media relations activities to project a positive business image in local, regional and
national media.
. Other image enhancement and marketing activities.
Parking Management
. Creation of a parking database to identify par~ing resources for new or expanding
businesses.
. Research on options to expanding and/or better managing downtown's parking supply.
. Creation of free parking days, a parking meter token program or other methods for
marketing parking along with special events and seasonal promotions.
. Other parking management activities.
Program success will be measured by increased sales revenue, building occupancy, restaurant
volume, positive media exposure and periodic surveys of resident attitudes toward Downtown.
Economic development, marketing and parking management activities are budgetedfor 50%
offunds raised from PBID assessments.
Maintenance
The Downtown Chula Vista PBID will finance a downtown-wide maintenance program intended to
keep sidewalks clean, reduce litter and combat graffiti. The PBID will assume responsibility of the
City's existing landscape maintenance district along Third Avenue and evaluate options for
contracting with private firms for maintenance activities. While the PBID Advisory Board will
make the final determination for maintenance programs, anticipated activities include:
District-Wide Maintenance
All properties within the PBID will receive the following services:
. Graffiti removal with a goal of 24-hour response upon report.
. Bi-annual power washing of all sidewalks within the PBID.
. Weekly litter removal.
. Cleaning after special events.
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 5 of 16
Third Avenue Enhanced Maintenance
In addition to the preceding services, properties along Third A venue south ofE Street and north ofH
Street will receive the following enhanced maintenance services:
. Power washing of sidewalks an additional 4 times per year.
. Daily landscaping maintenance and litter removal.
. Electricity for enhanced lighting and irrigation for landscaping.
Maintenance activities are anticipated to account for 23% of the PBID operating budget.
PBID Operations and Reserve
Administrative support is proposed to be provided by the Downtown Business Association, an
existing non-profi1 organization, and funds are allocated to office and support services such as
bookkeeping, office equipmen1 and professional development and training for the staff and PBID
Advisoty Board.
Operations costs are estimated at 22% of the PBID budget. In districts with comparable budgets,
operations costs typically range from 20% to 25%.
An operating reserve is also budgeted as a contingency for any payment delinquencies and/or
unforeseen budget adjustments. The PBID reserve accounts for 5% of the total budget.
Subsequent budgets will aim to maintain an operating reserve of approximately 5% of the total
budget.
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 6 of 16
EXHIBIT B: ESTIMATE OF COST
The following table shows the projected PBID budget for Fiscal Year 2001-2002.
Improvements & Activities Total Budget % of Total
Economic Development,
Marketing & Parking Management $ 153,359 50.6%
Maintenance: District-Wide 28,863 9.5%
Maintenance: Third Ave Enhanced 39,727 13.1%
PBID Operations 66,895 22.1%
PBID Reserve 14,442 4.8
Total $ 303,285 100.0%
Budget Notations
1. Total program revenue may be adjusted each year by no more than 5%. Actual annual
increases will range from 0% to 5% and will be subject to the annual review and approval of the
Downtown Chura Vista PBID Advisory Board and its zone committees.
2. Revenues for specific activities (i.e. economic development, marketing. parking management,
district-wide maintenance and PBID operations) may be reallocated among ac1ivities from year to
year based upon district needs and budgets developed by the Downtown Chula Vista PBID Advisory
Board.
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 7 of 16
EXHIBIT C: METHOD OF APPORTIONMENT
Background
The Downtown Chula Vista Business Association is petitioning the City of Chura Vista to form a
property based Business Improvement District to finance the proposed improvements and activitie.s
("Improvements") outlined above in Exhibit A. These Improvements will extend or are above those
improvements the City of Chula Vista currently provides and will continue to provide in this area.
The property owners in the PBID area will bear the cost of the proposed Improvements through an
assessment which will be calculated based on the special benefit each parcel receives from the
proposed Improvements.
PBID Boundary
The PBID area is approximately a 15 block area of downtown Chula Vista generally located along
Third Avenue. It is bounded by E Street to the north, I Street to the south, Church A venue to the east
and Landis A venue to the west. The underlying principle is that the assessment area should include
all properties which will derive enhanced benefits from the services provided, and which impose
additional costs on the downtown environment.
General
The Property and Business Improvement District Law of 1994 and Proposition 218 require that
assessments be levied according to the special benefit each parcel receives from the improvements.
Proposition 218 added to the state constitution Article XIIID Section 4(a) which states in part:
"The proportionate special benefit derived by each identified parcel shall be determined
in relationship to the entirety of the capital cost of a public improvement... No assessment
shall be imposed on any parcel which exceeds the reasonable cost oftJ:¡e proportional
special benefit conferred on that parcel... Parcels within a district that are owned or
used by any agency, the State of California or the United States shall not be exemptfrom
assessment unless the agency can demonstrate by clear and convincing evidence that
those publicly owned parcels in fact receive no special benefit. "
Determining the proportionate share of special benefit among the parcels of real property, including
the government owned parcels, within the proposed assessment district which benefit from the
proposed Improvements is the result of a four-step process: I) defining the proposed Improvements;
2) identifying how each parcel specially benefits from the proposed Improvements; 3) determining
the amount of the special benefit each parcel receives from the proposed Improvements; and 4)
apportioning the cost of the proposed Improvements to each parcel based on the special benefit that
each parcel receives from the proposed Improvements.
;1-29
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 8 of 16
Assessment Method
The proposed Improvements as outlined in Exhibit A will provide a higher level of service than the
City provides with City funds to those parcels in the PBID area. Therefore, every parcel in the PBID
that benefits from the Improvements should pay its fair share of the costs based on that parcel's
special benefit. The proposed Improvements will provide enhanced economic development and
marketing programs, street maintenance programs, and program management.
The assessment method uses both linear street frontage plus the area of the parcel. The greater the
square footage the higher demand for the Improvements, thus a higher benefit level. There are
several reasons why the assessment methodology uses these factors: 1) the benefit from the
proposed Improvemen1s is expected 10 be provided throughout the PBID; 2) the proposed
Improvements are in1ended to enhance the overall value of the PBlD by providing a cleaner
environment; and 3) linear street frontage and parcel size indicate the parcel's highest and best use of
the property. The greater the street frontage and larger the parcel size the more business or retail use
the parcel can have. Smaller size parcels benefit to a lesser degree than larger size parcels.
Assessment Calculation
As discussed in Exhibit A, there are four activities proposed for the Downtown Chula Vista PBID;
economic development and marketing, district-wide maintenance, Third Avenue enhanced
maintenance, and PBID operalions and reserves. The PBID operations and reserve expense is
allocated to the other three aclivities based on each activities budget percentage of the total. The
table below segregates the PBID operalions and reserve budget, $81,337, into the other three
activities.
Activity % Before Operations
Activity Budget Operations Allocation Total Budget
Economic Development, $153,359.00 69.10% $56,201.00 $209,560.00
Marketing and Parking
District-Wide Maintenance $28,863.00 13.00% $10,577.00 $39,440.00
Third Avenue Enhanced $39,727.00 17.90% $14,559.00 $54,285.00
Maintenance
Total $221,948.00 100.00% $81,337.00 $303,285.00
Economic Development, Marketing and Parking Management
Since this activity is designed to provide a uniform benefit to every parcel in the district and is
intended to enhance value throughout the district by attracting new investment, lot size is the
assessment factor used in calculating this program. Since the properties within the District consist of
/1-3-0
Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 9 of 16
business and retail uses, the amount of business and retail use is a function of the size of the parcel.
The larger the parcel the more business and retail use the parcel can have, i.e" the size of the parcel
determines the size of the business or retail establislunent on the parcel. Smaller size parcels benefit
to a lesser degree than larger size parcels, Therefore, each business and retail parcel receives special
benefits from this activity in relationship to the parcel size and its assessment is calculated based on
the total parcel size,
Therefore, to calculate each parcel's assessment for this activity, divide the budget amount of
$209,560 by the total number oflot square feet in the District, which equals $0.077 per lot square
foot. Then multiply the $0.077 assessment per lot square foot by the total lot square footage for each
parcel. For example if a parcel has 10,000 square feet, its assessment for this activity is $770,00
(10,000 x $0.077).
District-Wide Maintenance
Since this activity is designed to provide a uniform benefit to every parcel in the district and is
intended to enhance the landscaping and sidewalks that run along the frontage of the properties,
linear street frontage is the assessment factor used in calculating this activity. This reflects that the
longer the linear street frontage the greater the special benefit from the proposed activities is
conferred on that parcel. A parcel with more linear street frontage receives greater benefit from the
proposed maintenance activities.
Therefore, to calculate each parcel's assessment for this activity, divide the budget amount of
$39,440 by the total number of linear frontage in the Dis1rict, which equals $1.59 per linear foot.
Then multiply the $1.59 assessment per linear foot by the total linear feet for each parcel. For
example if a parcel has 50 linear feet, its assessment for 1his activity is $79.50 (50 x $1.59).
Third Avenue Enhanced Maintenance
Since this activity is designed to provide a higher level of maintenance service to all parcels that
front Third A venue between E Street and H Street, linear street frontage is the assessment factor used
in calculating this activity. Just as with the District-Wide Maintenance, the longer the linear street
frontage the greater the special benefit from the proposed activities is conferred on that parcel. A
parcel with more linear street frontage receives greater benefit from the proposed maintenance
activIties.
Therefore, to calculate each parcel's assessment for this activity, divide the budget amount of
$54,285 by the total number oflinear frontage on Third Avenue, which equals $7.76 per linear foot.
Then mulliply the $7.76 assessment per linear foot by the total linear feet for each parcel. For
example if a parcel has 50 linear feet, its assessment for this activity is $388.00 (50 x $7.76). The
total maintenance assessment for parcels in the Third Avenue Enhanced Maintenance area also
includes the $1.59 per linear foot for District-Wide Maintenance. For example, a parcel in the
enhanced maintenance area with 50 linear feet fronting Third Avenue will receive an assessment per
Third Avenue linear foot of $9.35 ($7.76 + $1.59). Therefore, that parcel's total maintenance
assessment is $467.50 (50 x $9.35).
/l-3(
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Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 10 of 16
Annual Assessment Adjustments
CPI Adjustment
For the initial five years of the PBID, annual assessments may be adjusted by the PBID Advisory
Board and approved by the City Council for annual changes in the San Diego Consumer Price Index
(CPl) for all urban consumers, or 5%, whichever is less. Actual annual adjustments may range ¡¡'om
0% to 5%.
Vacant Unimproved Land
For vacant unimproved land within the district, assessments will be calculated at 50% of the
assessment for improved lots. This adjustment accounts for the lack of income production and utility
provided by vacant unimproved lots. When unimproved lots are improved with parking and/or a
structure and as evidenced by the issuance of a building permit, then the full assessment will be
placed on the improved property as of the following tax year.
Residential Uses - 4 Units or Less
For the purposes of the PBID, buildings with exclusively residential uses with four (4) units or less
will pay only for maintenance services. Economic development, marketing and parking
management activi1ies will not benefit exclusively residential properties with 4 units or less.
Churches
For the purposes of the PBID, parcels that are primarily a place of worship and its accessory
properties (i.e. parking) will pay only for maintenance services. Economic development, marketing
and parking management activities will not benefit these parcels.
Budl!;et Adjustment
Any annual budget surplus or deficit will be rolled into 1he following year's PBID budget.
Assessments will be set accordingly, within the constraints of the CPI adjustment, to adjust for
surpluses or deficits that are carried forward. Note that the PBID Operating Reserve will be
maintained at approximately 5% of the PBID operating budget.
/I_3d--
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Do1l'II/own Clwla Vista Business Improvement District July 16,2001
Final Engineer's Report Page 11 of 16
EXHIBIT D: ASSESSMENT ROLL
The following table lists every parcel in the PBID by 1heir respective assessor's parcel number,
owner name. and assessment amount
PARCEL
APN OWNER NAME ASSESSMENT
5662321200 Charlton Anthony A Jr&Deborah L&Charlton Jeanett $615.01
5662321300 20%#Knodt Living Trust 06-14-00*Nsns80%#Knodt Fa $1,444.43
5661321500 25%#Charlton Anthony A Jr&Deborah L&Charlton Jea $3,559.82
5662402800 Southland Corp The $1,239.40
5662403000 Horn Exempt Trust 12-17-74 $4,832.58
5680431400 Landis Property Associates $2,369.72
5680431500 Giddings Enterprises Inc $541.80
5680431600 Giddings Enterprises Inc $562.99
5680431700 Contreras Manuel S&Georgina R $525.45
5680431800 Alexander Leroy&Julissa $77.68
5680431900 Pasimio Carol A $76.10
5680432000 Ramirez Jaime&Olivia $600.35
5680432100 Ramirez Jaime&Olivia $546.44
5680432100 Morrell Ray-Ena L Tr $1,040.15
5680-140 I 00 Luscomb Alta P Trust $660.21
5680440100 City OfChula Vista $576.60
5680440300 Rios Andres H $561.45
5680440400 Mckillican Adam $80.86
5680440500 Johnston Raymond Family Revocable lntervivos Tru $560.65
5680-140600 Genido Delilah T*Swns#Vicente Maribel D $540.74
5680-140700 Scott-Blair Margaret $72.93
5680-140800 Mitchell John T Tr&Mitchell Naomi R Tr $537.56
5680-140900 City OfChula Vista $460.49
5680441000 City OfChula Vista $1,160..74
5680-141100 City OfChula Vista $1,201.63
5680-141100 Dwight Corydon G&Kathleen E Revocable Trust 09-1 $1,013.33
5680441300 Tamer Annie T Living Trust 04-20-94 $833.41
5680-141400 Beaman Jon D $885.21
5680-141500 Lopez Ana M $934.48
5680441600 Gomez Manuel&Maria Family Trust 04-09-91 $924.27
5680-141700 Huntington Jane E Trust 04-15-94 $448.09
5680441800 Upham Peter W&Esther C Trs $1,166.04
5680441900 Upham Peter W&Esther C Trs . $825.12
5680441000 Philip Hoffman And Ezra Hanono $944.44
5680441100 Botte Cannel R&Georgie H Trs $933.38
5680442100 Fowler Gregory $876.42
5680441300 Charlton Jeanette 1998 Revocable Trust 02-19-98 $1,798.98
5680710100 Union Oil Co Of California $1,017.63
5680710200 Disney Vema L 1990 Trust $822.71
5680710300 Kuruvadi Vinod S&Sai1aja $908.09
5680710400 Botte Cannel R&Georgie H Trs $444.31
5680710500 Wenig Herbert Family Trust 04-15-98 $1,156.66
5680710600 Wenig Herbert Family Trust 04-15-98 $444.93
5680710700 Wenig Herbert Family Trust 04- J 5-98 $509.32
/1-33
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Downtown C/1Ula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 12 of 16
PARCEL
APN OWNER NAME ASSESSMENT
5680710800 Tanaka Terry T&Naomi Trust 04-01-94 $523.90
56807 I 0900 Tanaka Terry T&Naomi Trust 04-01-94 $540.20
5680711200 Wenig Herbert Family Trust 04-15-98 $860.69
5680711300 Willoughby Floyd M&Amy L Trust 09-18-97 $908.03
5680711400 Gristmill Bakeshop $921.34
5680711500 Gonzalez Hector C $864.29
5680711600 Banfield Ginger $1,242.70
5680711700 Wilson Family Trust 12-06-77 $1,164.98
5680711800 City OfChula Vista $742.90
5680711900 City OfChula Vista $694.66
5680712000 Grant Michael H $507.00
5680712100 City Of Chula Vista Redevelopment Agency $501.22
5680712200 City OfChula Vista Redevelopment Agency $529.56
5680712300 Campbell Family Trust 08-24-00 $509.44
5680712400 Gale Living Revocable Trust 02-26-99 $1,207.30
5680720300 Pappas Gus Tr $542.22
5680720400 Montelongo Abel&Aileen 1991 Family Trust 03-06-9 $553.38
5680720500 Escarcega Leo&Maria $577.60
5680720600 Minear Clara A Trust 04-07-98 $511.52
5680720700 Minear Clara A Trust 04-07-98 $69.76
5680720800 Sanchez Luis F&Anamaria P $543.63
5680720900 Rullan Family Trust 11-15-90 $575.01
5680721000 Guerrero Rafael&Carolina $564.2 I
5680721100 Montegna Eric T $581.40
5680722200 Nellum $726.94
5680722300 Macie Richard F&Monica $293.30
5680722600 Pappas Gus Tr $473.46
5680722800 Navarro Linda R $223.84
5681510101 Rogers Donald C&Diane L $75.78
5681510102 Creaser&Warwick Inc $96.55
5681510103 Creaser&Warwick lnc $78.83
5681510104 Frerichs Dwight A $184.48
5681510105 Y B R Infonnation Technology Inc $51.77
5681510 I 06 Y B R lnfonnation Technology lnc $106.92
5681510107 Creaser&Warwick Development L P $116.58
5681510108 Eischen James J&Nada Trs $104.37
5681510 I 09 Dickie Jon D&Nancy S $99.01
5681510110 Bullen Russ $78.17
56815 101 I 1 Ruch David M&Julie K $182.10
5681510112 Bowman Anne E $78. I7
5681510113 Creaser&Warwick lnc $97.24
5681510114 Tortora Robert S Family Trust 02-03-94 $79.68
5681510115 Geerdes Franklin&Mary E $80.06
5681510116 Allen David R&Penny $90.09
5681510117 Veleker Family Trust 08-15-97 $103.78
5681510118 Oneill John J Ii $90.51
5681510119 Ratniewski AlfTedo&Rosa $99.48
,I1-3cf
--- ..--.-.---..- ...---..- -.. --
Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 13 of 16
PARCEL
APN OWNER NAME ASSESSMENT
56815]0120 Hoss Kami&Keri Nazli $129.03
5681510121 Grubb John E $78.67
5681510200 ldm Leasing Trust No I $68.17
5681510300 Spectrum Living Trust 05-10-96 $76.10
5681510800 Bates Charles N Tr $76.10
56815] 0900 Christensen Raymond C $80.86
5681511000 Christensen Living Trust 12-27-89 $567.39
5681511]00 Pieknik Revocable Trust 11-07-94 $565.12
5681511200 Kuebler Allan J $72.93
5681512200 Onouchi Orimono Sho Co LId $2,490.85
5681512300 Rullan Family Trust 11-15-90 $780.11
5681520 I 00 City OfChula Vista $498.19
5681520200 City Of Chula Vista Redevelopment Agency $560.68
5681520300 City Of Chula Vista Redevelopment Agency $544.29
5681520400 Harper Gilberto B&Caridad I $60 1.I1
5681520600 First Church Of Christ Scientist Chula Vista $653.76
568 I 520700 50%#Peniche Femando*Mms050%#Peniche AllTlando J $415.19
5681520800 Borgerding Investment Co $959.49
5681520900 Mbw Partners L P $920.82
5681521000 Fleet Reserve Assn Chula Vista Branch 6 I 5459.24
5681521100 Hendricks Paul J $441.14
5681521300 Alsip Family Trust $830.26
5681521600 Bone CallTlel R&Georgie H Trs 5942.87
5681521700 Schneider Julius H Tr $979.61
5681521800 Ross Santina Family Trust 07-03-90 $990.96
5681521900 NollTlan Don E Trust 05-06-92 $942.44
5681522000 Moeser Zelva P Tr $936.33
5681522200 Mexican Medicallnc $1,343.79
5681522300 City OfChula Vista $544.57
5681522400 City Of Chula Vista $524.09
5681522500 City OfChula Vista $400.34
5681522600 City OfChula Vista $313.90
5681522700 City OfChula Vista $239.73
5681522800 I D M Leasing Division Trust No I $712.40
5681522900 City Of Chula Vista Redevelopment Agency $542.85
5681523000 Dennison Living Trust 08-29-91 $733.57
5681523100 Stem Richard E Tr&Stem Elaine K Tr $934.79
5681610300 Royal Highlanders The $528.55
5681610400 Muro Rafael&Raquel Trs $850.33
5681610500 Archiga Maria A S $320.84
5681610600 Kurtz Donald K&ElIen M $5Ø6.84
568]610700 Parks Gaylord L Tr $471.5]
5681610900 Sandburg Edwin L $480.77
568]611000 Mcmains Robert&Karen $863.02
5681611100 Shamoun Family Trust ]0-23-96 $865.34
5681611200 Giddings Enterprises lnc $862.8]
568]611300 Bender Edgardo M&Moctezuma-Bender Lisa $430.74
5681612200 Ward Malcolm D Tr $80.86
5681612300 Willardson Family Trust 11-22-91 S76.10
5681612400 Willardson Family Trust 11-22-91 $87.20
/1-3 s:
...' .........-......-.-........--...- .._-- _...'
Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 14 of 16
PARCEL
APN OWNER NAME ASSESSMENT
5681612500 City OfChula Vista $1,237.40
5681612600 Royal Highlanders The $1,140.64
5681612700 Ohlau R Dale&Rebecca A $430.58
5681612800 Ohlau R Dale&Rebecca A $877.81
5681613200 Chula Vista Medical Enterprises $506.59
5681613300 Chula Vista Medical Enterprises $512.45
5681613400 Rohr Federal Credit Union $2,675.09
5681613500 Starkey Investment Co $1,016.49
5681613600 Irving Rawdin lnc $446.16
5681613700 Rossi David E&Penelope L $434.88
5681620100 Provence Winifred E Tr $285.37
5681620200 Rullan Family Trust 11-15-90 $599.14
5681620300 Tortora Peter $612.82
5681620400 Lopez-Moreno Gustavo $573.60
5681620500 Austria-Sagana Family Trust 12-18-95 $82.44
5681620600 Carr Gary B&Janice G $565.60
5681620700 Yamada Living Revocable Trust $589.00
5681620800 City OfChula Vista Redevelopment Agency $627.65
5681620900 Ciry OfChula Vista Redevelopment Agency $537.22
5681621000 Bliss Robert J $609.50
5681621100 Kushnir Yaroslav M D lnc $1,245.62
5682702000 Callender Donald W Tr $1,568.99
5682702100 58.07%#Third Avenue Investments L L C'ConsI0.474 $7,167.87
5682702200 Cinemaster Luxary Theaters Inc $4,265.42
5682702300 Third A venue Investments L L C Et Al $1,977.25
5682702700 General Mills Restaurants Inc $880.26
5682702900 City OfChula Vista $11,723.54
5682703000 Park Centre $768.96
5683004400 City OfChula Vista Redevelopment Agency $6,290.84
5683004600 Laurog $4,967.23
5683330100 Money Thontas G&Sherry $1,606.41
5683330200 George Munther T &Susan E $459.87
5683330300 Medina Alfredo A&Ligia M $414.93
5683330400 Becich John F&Helen N Trs $840.39
5683330500 Chapman Albert E $437.37
5683330600 Chapman Albert E $438.58
5683330700 Thompson Sydney H&Betty J $447.79
5683330800 Narvaez Rodol[o&Maria C $691.48
5683330900 Community Congregational Development Corp $2,738.40
5683331000 Community Congregational Church United Church Of $403.85
5683331100 City OfChula Vista $5,406.29
5683340100 FerranteJli Family Trust 01-09-90 $1,894.ü4
5683340200 FerranteJli Family Trust 01-09-90 $478.70
5683340300 Peckham Bruce R $389.48
5683340400 Rabay Michel N&Greta H Trs $1,781.69
5683340500 City OfChula Vista Redevelopment Agency $745.54
5683340600 City OfChula Vista Redevelopment Agency $538.83
5683340700 City Of Chula Vista Redevelopment Agency $571.14
5683340800 City OfChula Vista Redevelopment Agency $565.56
5683500200 City OfChula Vista $734.09
/I-SCo
.--.. -_...._- .._---- ..--
Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 15 of 16
PARCEL
APN OWNER NAME ASSESSMENT
5683500300 City OfChula Vista $732.99
5683500600 Cota Robert E Living Trust 09-09-94 $823.83
5683500700 Desser Peter F Tr $953.30
5683501600 Gove Dwight Agency lnc $734.90
5683501700 Rockwell Frank A&Laura R $723.54
5683501800 A J R Partners L P $617.03
5683501900 A J R Partners L P $1,836.69
5683502000 Boyer Albert C&Elisabeth L $406.36
5683502100 Fen-er Joseph N&Delia C $927.09
5683502300 Annbrust Michael R&Linda L $327.64
5683502500 A J R Partners L P $880.81
5683503700 Freno Carol E Tr $1,563.47
5683503900 Chasan Family Trust 11-11-99 $1,429.55
5683504000 Chasan Family Trust 11-11"99 $1,364.21
5683504100 A J R Partners L P $164.49
5683504200 A J R Partners L P $8870
5683510100 Money Thomas G&Sherry K $879.07
5683510200 San Diego Baja Radio Advertising Ltd $500.94
5683510300 Money Thomas G $875.43
5683510400 City OfChula Vista Redevelopment Agency $709.35
5683510500 City OfChula Vista Redevelopment Agenc: $282.14
5683510600 First Southern Baptist Church OfChula VisTa $201.12
5684101000 Cox Communications San Diego Inc $788.91
5684101100 Cox Cable San Diego lnc $391.95
5684102000 Chrisman Corp $3,244.38
5684102900 Cristobal Clemente S&Eufemia A $2,096.70
5684103700 Pacific Bell $6,575.02
5684200100 G L S $1,947.37
5684200200 Castillo Cannen L $897.27
5684200300 Bradley Dry Cleaners $894.88
5684200400 MariNa Rene W $436.04
5684200500 50%#Chase Carl A *Mws050%#Chase ChrisTine 0 $476.22
5684200600 50%#Chase Carl A *Mws050%#Chase ChrisTine 0 $707.13
5684200700 Marquez John S Tr&Marquez Carole G Tr $695.32
5684200800 Janus Anthony Jr Tr $77.68
5684200900 Manalo Richard R $77.68
5684201000 Weddleton Chesley B&Don-is Q Revocable Trust $77.68
5684201100 Fan-is Anson W&Patricia J $80.86
5684201200 Richards Joan S $63.42
5684201400 Sweetwater Union High School District $3,353.24
5684201500 Sweetwater Union High School District $2,359.04
5684203100 Sweetwater Union High School District $1,177.69
5684502800 Tanos Rudolfo&Guadalupe $1,154.14
5684502900 Tyler StationlComputer Graphics $890.46
5684503000 J D L Enterprises L L C Et AI $913.76
5684503100 Malcolm Carolyn A N $1,131.34
5684503200 Shibuya Yoshindo&Beny T Trust 06-16-82 $1,033.46
5684503300 Melendez Jesus A&Elida R $3,258.06
5684503400 Gateway Chula Vista L L C $367.22
5684503500 Gateway Chula Vista L L C $487.00
/1-37
_. .._.-
Downtown Chula Vista Business Improvement District July 16,2001
Final Engineer's Report Page 16 of 16
PARCEL
APN OWNER NAME ASSESSMENT
5684503600 Third Avenue Land Co $509.42
5684503700 Third Avenue Land Co $506.49
5684503800 Gateway Chula Vista L L C $509.67
5684503900 City OfChula Vista Redevelopment Agency $706.88
5684504000 Burjet Ine $1,123.14
5684504100 City Of Chula Vista Redevelopment Agency $167.43
5684504200 City Of Chula Vista Redevelopment Agency $148.09
5684504300 San Diego Credit Union $926.39
5684504400 Gateway Chula Vista L L C $725.38
5684504500 City Of Chula Vista Redevelopment Agency $130.37
5684504600 B P G Llc $136.22
5684504700 B P G LIe $400.16
5684504800 B P G Llc $444.26
5684504900 B P G Llc $1,964.75
5685111900 Sweetwater Union High School District $739.93
5685 112000 Sweetwater Union High School District $732.94
5685112100 Harris Lois L Tr $2,932.90
5685123700 Roman Catholic Bishop Of San Diego $864.35
5685123900 Roman Catholic Bishop Of San Diego $1,916.27
5685124600 Roman Catholic Bishop Of San Diego $2,028.0 I
5730400100 News Baja lnc $555.42
5730400200 News Baja lnc $461.3 1
5730400300 News Baja Inc $422.59
5730400400 News Baja lnc $499.17
5730401900 San Diego Hospital Assn $2,449.65
5730610100 Been Family Trust 07-07-88 $662.09
5730620100 Chapman George E&Barbara A $698.79
5730622500 Schuller Richard E&Dolores P Trs $679.10
5730630100 Goodvin Brothers $829.68
5730630800 Giddings Enterprises lnc $1,246.08
5731003600 County Of San Diego $51,682.60
5731003700 Sweetwater Authority $1,819.31
5731100100 Giddings Enterpris"s $669.90
5731100200 Lawrence Paul F $576.64
5731100300 Masters Maurice E&Bemieta Trs $554.37
5731102400 Veterans Of Foreign Wars Post 21 I I $1,769.94
TOTAL TO ASSESSMENT: $303,285
k/:\1096Ijina/ report, 7-16-2001. wpd
/l-3!!
-- ---..---_..--. -----.. ------------
COUNCIL AGENDA STATEMENT Iteml ()
Meeting Date 7/24/01
ITEM TITLE: Second Public Hearing to consider testimony on the Fiscal Year 2001/2002 spread of
assessments for Open Space District 10.
Resolution ordering certain Open Space and maintenance facilities to be
maintained, approving modifications to the Engineer's Report and levying the
assessments for FY 2001/2002 for Open Space District 10.
SUBMITTED BY: Director of Public workSI' ,If'
!'~V'
REVIEWED BY: City Managerb -fV (4/5ths Vote: Yes_NoX)
x"
Based upon the advice of the City Attorney, agenda items 10 and \ \ have been separated
ITom agenda item l'2.- due to conflict of interest concerns. One Council member owns property
subject to the proposed assessment in this District. Council should note that agenda item
['2.- gives all background information and details on Open Space Districts in general which is
applicable to this item, but does not iuclude specific information on Open Space District 10.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing;
2) Direct staff to tally all protests;
3) Adopt the resolution to approve the modifications to the Engineer's Report and levying the
assessments for FY 2001/2002; and
4) Authorize staffto begin the process of determining assessments for FY 2002/2003.
DISCUSSION:
This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District
10, located along East J Street, west of Paseo Ranchero (see Attachment A). Table I relates the present
year's assessment to the proposed assessment for FY 2001/2002. Agenda item of tonight's
agenda contains all the general information regarding Open Space Districts.
During the preparation of the computer file for printing the public notices, an inflation factor of 6,8% was
included as one of the parameters. However, due to a computer error, a factor of only 6% was used to
generate the maximum assessment amount. Since the time factor precludes sending out corrected notices,
the assessment amounts have been changed to reflect the 6% rate of increase. Fortunately, this will have no
effect on the collection rate for Open Space District 10. The assessment rates can be corrected for FY
2002/2003, when amounts equal to the 0.8% will be included prior to calculating the new inflation factor.
Updated figures for the proj ected end of year fund balance have been obtained from the Finance Department.
These changes are generally minimal and are reflected in our spreadsheets. When the fund balance is lower
than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the
collection amount above the amounts stated in the previous agenda statement.
-.-.---..
Page 2, Item JfL
Meeting Date 7/24/01
TABLE 1
PRIOR FY'S VS. FY 2001/2002 ASSESSMENT/COLLECTIBLE
FY 01102 Proposed Proposed
FY 99100 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY 01102
OSD 10 Assmntl Collection! Assmntl FY 00/01 Assmntl Collection! Revenue
EDU EDU EDU Assmnt +CPI(l) EDU EDU
E1 Rancho del Rev 6 & Casa del Rev $92.67 $88.00 $95.02 $100.72 $100.72 $94.00 $61,887
[lpy 200112002 assessment may be set at or below this cap without being subject to a majority protest.
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Chula Vista Municipal Code. Staff also recommends a collectible of $94.00 per Equivalent
Dwelling Unit (EDU), which is less than the assessment of$l 00. 72 per EDu. Since the budget per EDU of
$98.05 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the
difference. Funds are available to do this because of prior years' savings and by adjusting the reserve
balance. The reserve under this recommendation will be 71 %. These figures were calculated on the basis of
a net assessment of$61,609 and a total of658.37 EDU's, as shown in Attachment B.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in assessment formula, this District is exempt from the provision
of Proposition 218.
OSD PROTESTS
No letters of protest were received regarding this District.
Staff received no telephone calls regarding this District.
FISCAL IMPACT:
Staff costs associated with the Open Space program are generated by Public Works (including Open Space
staff), Data Processing and Finance. Contractual costs are $30,920 as shown in Attachment B. These costs
are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund
will be reimbursed $10,330 from the OSD fund for FY 2001/2002.
Attachments:
A District Map
B Estimate of Cost
J :IEngine..-IAGENDA 10SD t OA3FYO t-Ol.doc
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR OPEN SPACE DISTRICT NO. 10
WHEREAS, prior to the adoption of this resolution, the
City Council has caused the formation of various districts under
and pursuant to either the Chula vista Open Space District
Procedural Ordinance ( "Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
Section 22500, et seq., or pursuant to the Act itself designated
as Open Space District No. 10; and
WHEREAS, in accordance with the Procedural Ordinance,
the City Engineer has prepared a report on the spread of
assessments for said Open Space and Maintenance Districts
("Engineer's Report"); and,
WHEREAS, the districts are exempt from the provisions
of Proposition 218 because 1) the assessments were raised by an
amount equal to or below the CPI; 2) the districts were either
formed at the request of 100% of the land owners; or 3) the
improvements are within the street right-of-way; and,
WHEREAS, on May 29, 2001, the city Council approved the
Engineer's Report and set June 19, 2001 and July 24, 2001 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Open
Space District 10 for FY 2001/2002 is shown below:
PRIOR FY'S YS. FY 200112002 ASSESSMENT/COLLECTIBLE
FY 00102 Proposed Proposed
FY99/00 FY 00101 FY 00100 CAP: FYOO/OI FYOll02 FYOll02
Assmtl Collectionl Assmtl FY 00101 Assmtl Collectionl Revenue
Open Space District No. 10 EDU EDU EDU Assmt+ EDU EDU
CP¡(l)
El Rancho del Rey 6 & $92.67 $88.00 $95.02 $100.72 $100.72 $94.00 $61,887
asa del Rey
l) FY 2001/2002 assessment may be set at or below this cap without being subject to a majority protest.
1
___H"____-' ..---..--.-.---.....--- ..--
NOW, THEREFORE, BE IT RESOLVED as to Open Space and
Maintenance District No. 10, that the City Council of the City of
Chula Vista does hereby find that written protests against the
proposed assessment adjustment has not been made by owners
representing more than one-half of the area of the land to be
assessed for the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and orders
the open space and maintenance facilities to be maintained. The
adoption of this resolution shall constitute the levy of the
assessment as proposed in the modified Engineer's Report for the
2001/2002 fiscal year and set forth hereinabove for Open Space and
Maintenance District No. 10.
Presented by Approved as to form by
~+t~
John P. Lippitt
Director of Public Works ty Attorney
J, \attorney\re,o\Open Space 10 Levy
2
-_. -_... . ._-------
COUNCIL AGENDA STATEMENT ItemL1-
Meeting Date 7/24/01
ITEM TITLE: Second Public Hearing to consider testimony on the FY 2001/2002 spread of
assessments for Open Space District 14.
Resolution ordering certain Open Space and maintenance facilities to be
maintained, approving modifications to the Engineer's Report and levying the
assessments for FY 2001/2002 for Open Space District 14.
SUBMITTED BY: Director of Public workyJYfrf
REVIEWED BY: City Manager (; It-a¡v (4/5ths Vote: Yes_NoX)
p
Based upon the advice of the City Attorney, agenda items and have been separated
from agenda item due to conflict of interest concerns. One Council member owns property
subject to the proposed assessment in this District. Council should note that agenda item
gives all background information and details on Open Space Districts in general which is
applicable to this item, but does not include specific iuformation on Open Space District 14.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing;
2) Direct staffto tally all protests;
3) Adopt the resolution to approve the modifications to the Engineer's Report and levying the
assessments for FY 2001/2002; and
4) Authorize staff to begin the process of determining assessments for FY 2002/2003.
DISCUSSION:
This agenda item is the yearly resolution to assess for Open Space maintenance within Open Space District
14, located along the North and South of Country Vistas Lane (see Attachment A). Table I relates the
present year's assessment to the proposed assessment for FY 2001/2002. Agenda item of
tonight's agenda contains all the general information regarding Open Space Districts.
During the preparation ofthe computer file for printing the public notices, an inflation factor of 6.8% was
included as one of the parameters. However, due to a computer error, a factor of only 6% was used to
generate the maximum assessment amount. Since the time factor precludes sending out corrected notices,
the assessment amounts have been changed to reflect the 6% rate of increase. Fortunately, this will have no
effect on the collection rate for Open Space District 14. The assessment rate can be corrected for FY
2002/2003, when amounts equal to the 0.8% will be included prior to calculating the new inflation factor.
Updated figures for the projected end of year fund balance have been obtained from the Finance Department.
These changes are generally minimal and are reflected in our spreadsheets. Where the fund balance is lower
than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the
collection amount above the amounts stated in the previous agenda statement.
- -..- ------..----.---.----.
Page 2, Item Jl
Meeting Date 7/24/01
TABLE 1
PRIOR FY'S VS. FY 2001/2002 ASSESSMENT/COLLECTIBLE
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01/02 FY 01102
OSD 14 Assmut! Collection! Assmut! FY 00101 Assmut! Collection! Revenue
EDU EDU EDU Assmut +ePI(') EDU EDU
Bonita Lon!> Canvon $301.46 $293.00 $309.11 $327.66 $327.66 $281.00 $245,414
iDfY 2001/2002 assessment may be set at or below this cap without being subject to a majority protest.
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Chula Vista Municipal Code. Staff also recommends a collectible of $281.00 per Equivalent
Dwelling Unit (EDU), which is less than the assessment of$327.66 per EDU. Since the budget per EDU of
$320.40 exceeds the collectible amount, staff recommends utilizing the fund balance to make up the
difference. Funds are available to do this because of prior years' savings and by adjusting the reserve
balance. The reserve under this recommendation will be 70%. These figures were calculated on the basis of
a net assessment of$245,730 and a total of 873.36 EDU's, as shown in Attachment B.
Because this District was formed as a result of a 100% petition by the landowners and the assessment is not
being raised above the CPI, as provided for in assessment formula, this District is exempt from the provision
of Proposition 218.
OSD PROTESTS
The following is a summary of protests received for this Open Space District:
I letter regarding maintenance concerns from Mr. Robert C Strahl and Ms. Elizabeth Lebron.
Staff has received a total of three (3) telephone calls from residents regarding this District. All of these were
inquiries into continuing or proposed maintenance.
A copy ofthe letter received and the staff response are provided in Attachment C.
FISCAL IMPACT:
Staff costs associated with the Open Space program are generated by Public Works (including Open Space
staff), Data Processing and Finance. Contractual costs are $115,130 as shown in Attachment B. These costs
are recovered through the Open Space District collectible, causing no net fiscal impact. The General Fund
will be reimbursed $42,966 from the OSD fund for City staff services for FY 2001/2002.
Attachments:
A. District Map
B. Estimate of Cost
C. Letter of Protest and Response
]cIENGINEERIAGENDA 10SD 14A i FYO 1-02. TOM.doc
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Letter #3
Bob Strahl 8. Liz Lebaron
328 Crestview Dr.
Bonita, CA 91902
Open Space District 14 (Bonita Long Canyon)
Landscape maintenance concerns,
# 1. Encroachment of plant material onto the sidewalk of Country Vistas
Lane. This work was completed July 17,2001
#2. Ongoing mulching project interrupted by change of fiscal year.
Project will resume in autumn,
#3, Formal topiary type treatment of scrubs is not the intent of the slope
(erosion control) landscaping. Original crop and plant selection was
chosen for its natural form and shape,
#4. The City will continue to install the ground cover Myoporum
parvifolium 'Prostratum' on areas in decline,
Staff met with Mr. Strahl Friday July 13,2001 and he was fine with these
staff responses.
As requested, Mr. Strahl was given a copy of Open Space District 14's
landscape maintenance contract as well as map and operating budget.
7.17,01 oscjyc
-."-----"---------- --------
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002FOR OPEN SPACE DISTRICT NO. 14
WHEREAS, prior to the adoption of this resolution, the
City Council has caused the formation of various districts under
and pursuant to either the Chula Vista Open Space District
Procedural Ordinance ("procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
Section 22500, et seq., or pursuant to, the Act itself designated
as open Space District No. 14; and
WHEREAS, in accordance with the Procedural Ordinance,
the City Engineer has prepared a report on the spread of
assessments for said Open Space and Maintenance Districts
("Engineer's Report"); and,
WHEREAS, the districts are exempt from the provisions
of proposition 218 because 1) the assessments were raised by an
amount equal to or below the CPI; 2) the districts were either
formed at the request of 100% of the land owners; or 3) the
improvements are within the street right-of-way; and,
WHEREAS, on May 29, 2001, the City Council approved the
Engineer's Report and set June 19, 2001 and July 24, 2001 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Open
Space District 14 for Fiscal Year 2001-02 is shown below:
PRIOR FY'S VS. FY 200112002 ASSESSMENT/COLLECTIBLE
FY 00/02 Proposed Proposed
FY99/00 FY 00101 FY 00101 CAP: FY 01102 FY V, FY 01102
Open Space Assmtl Collectionl Assmtl FY 00101 Assmtl Collectionl Revenue
District No. 14 EDU EDU EDU Assmt + EDU EDU
CP¡'I)
Bonita Long
Canyon $301.46 $293.00 $309.11 $327.66 $327.66 $281.00 $245,414
(1) FY 200112002 assessment may be set at or below this cap without being subject to a majority protest.
1
NOW, THEREFORE, BE IT RESOLVED as to Open Space District
No. 14, that the City Council of the City of Chula Vista does
hereby find that written protests against the proposed assessment
adjustment has not been made by owners representing more than one-
half of the area of the land to be assessed for the improvement
and confirms the diagram and assessment contained in the modified
Engineer's Report, and orders the open space and maintenance
facilities to be maintained. The adoption of this resolution
shall constitute the levy of the assessment as proposed in the
modified Engineer's Report for the 2001-2002 fiscal year and set
forth hereinabove for Open Space District No. 14.
Presented by Approved as to form by
~~p d7
John P. Lippitt
J M. Kaheny
Director of Public Works ty Attorney
J, \attorney\re,o\Open Space 14 Levy
2
COUNCIL AGENDA STATEMENT
Item I {}
Meeting Date 7/24/01
ITEM TITLE: Second Public Hearing to consider testimony of the FY 2001/2002 levy and
collection of assessments for City Open Space Districts 1 through 9, II, 15, 17, 18,
20,23,24,26,31 and 33, Bay Boulevard and Town Centre Maintenance Districts
and Eastlake Maintenance District No. I
Resolution Ordering certain Open Space and maintenance facilities to be
maintained, approving modifications to the Engineer's Reports for FY 2001/2002 and
levying assessments for Open Space Districts 1 through 9, 11, 15, 17, 18,20,23,24,
26, 31 and 33, Bay Boulevard and Eastlake Maintenance District No. I.
If the Downtown PBID passes:
Resolution Declaring the intent to initiate dissolution proceedings for the
Town Centre Maintenance District
If the Downtown PBW fails:
Resolution Ordering certain Open Space and maintenance facilities to be
maintained, approving modifications to the Engineer's Report for FY 2001/2002 and
levying the assessment for the Town Centre Maintenance District
SUBMITTED BY: Director of Public Works ('
REVIEWED BY: City Manager Cd~ q>P' (4/Sths Vote: Yes_No-.K)
The City administers 25 Open Space Districts established over the last thirty years. The Districts provide the
mechanism to finance the maintenance of common Open Space areas (canyons, trails, medians, etc.)
associated with and benefiting from that particular development. As part of this process, a levy of an annual
assessment is necessary to enable the City to collect funds for proposed Open Space maintenance. Tonight's
action continues the process for FY 2001/2002.
The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. On
May 29,2001 Council approved the reports and set two public hearings as required by law, the first ofwhich
was held on June 19,2001 and the second of which is tonight at 6:00 p.m., to take testimony on the proposed
assessments.
The Council is considering two other items tonight which will affect the above Open Space Maintenance
Districts. One item pertains to the formation ofa Property-Based Business Improvement District (PBID) for
Downtown Chula Vista. Ifthe PBID is approved by the property owners, it would take effect as of January
1, 2002 and the existing Town Centre Maintenance District would be dissolved. The other resolution is for
approval of an agreement among the City, House of Blues and Knott's Soak City for maintenance of
landscape improvements within Open Space District 23 and the Main Street median. If this agreement
passes, the District would not be dissolved but the City would discontinue collecting an assessment for the
District for an indefinite period of time.
- ----. --------
Page 2, Item ~1!Þ
Meeting Date 7/24/01
RECOMMENDATION: That Council:
I) Open the hearing, take testimony, and close the hearing;
2) Direct staff to tally all protests;
3) Adopt the resolution to approve modifications to the Engineer's Report and levy assessments
for FY 2001/2002;
4) Authorize staff to determine assessments for FY 2002/2003; and
5) Authorize initiation of the dissolution process for the Town Center Maintenance District if
the Downtown PBID is approved
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for Open Space
maintenance within the City. Table I contains the names and locations ofthe Districts. Table 2 relates the
present year's assessment to the proposed assessment and collectible for FY 2001/2002. Following Table
2, there is general information that applies to all Districts. Each District is then analyzed individually. That
is followed by a description of the noticing that was undertaken.
As a final note, Council should be advised that two individual agenda items contain the same
information on Open Space Districts 10 and 14, which were separated from this agenda item due to
conflict of interest concerns relating to two Council Members.
Background
Pursuant to Article 4, Chapter I, Part 2 of Division 15 of the California Streets and Highways Code, also
known as the "Landscaping and Lighting Act of 1972" and the City ofChula Vista Municipal Code, Chapter
17.07nOpen Space Districts, the City Engineer has prepared and filed annual reports for all existing Open
Space Districts. The name and location of each Open Space District is shown in the following table.
TABLE 1
Open Space Districts Within the City of Chula Vista
OSD# Name Location
1 El Rancho del Rey Units 1-4 Bet. East H Street & Telegraph Canyon Road, East of Pas eo Ranchero
2 Lark Haven South and East of Lorna Verde Park
3 Rancho Robinhood Units I & 2 South of Allen School Lane
4 Bonita Ridge Camino E1evado North of Otay Lakes Road
5 Southbay Villas North end of Crest Drive South orE Street
6 Hilltop Vista Camino Vista Real North of Telegraph Canyon Road
7 Zenith Units 2, 3, and 4 North & South of Palomar, East ofl-805
8 Rancho Robinhood Unit 3 Surrey Drive Southwest ofOtay Lakes Road
9 E1 Rancho del Rey Paseo del Rey, North of Telegraph Canyon Road
10 El Rancho del Rey 6, Cas a del Rey West of Pas eo Ranchero - H & J Streets
11 Hidden Vista Village East H Street, East ofl-8OS
14 Bonita Long Canyon North of East H Street - Otay Lakes Road & Corral Canyon Road
15 Bonita Haciendas Canyon Drive, East of Otay Lakes Road
17 Bel Air Ridge Northeast of Pas eo Ladera & East J Street
Page 3, Item /:J..
Meeting Date 7/24/01
OSD# Name Location
18 Rancho del Sur East end of East Naples Street
20 Rancho del Rey North of East H Street, West ofOtay Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, South of Otay Rio Road
24 Canyon View Homes Rutgers Avenue, South of East H Street
26 Park Bonita West of the intersection orE Street & Bonita Road
31 Telegraph Canyon Estates North ofOtay Lakes Road, West ofSR-125
33 Broadway Business Home Village West side of Broadway - J & K Streets
Bay Boulevard Maintenance
District Bay Blvd. - E & F Streets
Town Centre Maintenance District Third Ave. - E & G Streets
Eastlake Maintenance District #1 Along East H Street and Otay Lakes Road, adjacent to SR-125
These reports were prepared by the City Engineer or under his direction and are presented to Council for
approval in order to proceed with public hearings set for June 19,2001 and tonight in accordance with the
Landscaping and Lighting Act of 1972.
Staff proposes for FY 2001/2002 that the assessment be kept within that amount previously approved,
increasing the FY 2000/2001 assessment by an inflation factor. In all cases, staff has set each collectible
lower than the proposed assessment for each District. Per the City's Municipal Code, the inflation factor is
the lesser of (a) the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI)
published by the United States Department of Labor Bureau of Labor Statistics, or (b) the change in the
estimated California fourth quarter per capita personal income as contained in the Governor's budget
published in January of each calendar year. Since the Bureau of Labor Statistics no longer publishes
bimonthly data for San Diego, we compared the CPI for the second half of 1999 to the second halfof2000.
This CPI increase was 6.8%. The change in the estimated California fourth quarter personal income was
6.98%. Therefore, staff used the All Urban Consumer Price Index (CPI) increase, which was the lesser of
the two figures. Assessment increases equal to or less than the CPI are not subject to majority protest. Only
assessment increases over the CPI are subject to majority protest. These increases are also exempt from the
provisions of Proposition 218.
During the preparation of the computer file for printing the public notices, an inflation factor of6.8% was
included as one of the parameters. However, due to a computer error, a factor of only 6% was used to
generate the maximum assessment amount. Since the time factor precludes sending out corrected notices,
the assessment amoun1s have been changed 10 reflect the 6% rate of increase. Fortunately, this will have a
minimal effect on the collection rates, since it will only affect Open Space District 11 and Zones 8 and 9 of
Open Space District 20. The assessment rates can be corrected for FY 2002/2003, when amounts equal to
the 0.8% difference will be included prior to calculating the new inflation factor.
Upda1ed figures for the projected end of year fund balance have been obtained from the Finance Department.
These changes are generally minimal and are reflected in our spreadsheets. Where the fund balance is lower
than originally projected, the reserve percentage was reduced if possible in order to avoid increasing the
collection amount above the amounts stated in the previous agenda statement.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect
against the assessment (collectible). The assessments for FY 2001/2002 are proposed at FY 2000/2001
_.....0.....- '--'~'-'-"'-'--'" ..--
Page 4, Item fa
Meetiug Date 7/24/01
amounts increased by the inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The
collectibles, on the other hand, are equal to or less than the proposed assessments based on the budget,
reserve requirement, savings and fund balances, including interest earnings and prior years' savings. Under
staffs recommendation, none ofthe increases on the Open Space Districts are subject to a majority protest.
The proposed assessments and col1ectibles for FY 2001/2002 are as follows:
TABLE 2
Prior FY'S vs. FY 2001/2002 Assessment/Col1ectible
FY 01/02 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD#/Zone Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assnmt+CPI12) EDU EDU
1 $93.86 $47.00 $96.25 $102.03 $102.03 $96.00 $63,532
2 43.55 35.00 44.66 47.34 47.34 47.00 11,703
3 298.10 288.00 305.67 324.01 324.01 290.00 36,830
4 314.86 235.00 322.86 342.23 342.23 304.00 63,840
5 30704 180.00 314.84 333.73 333.73 280.00 34,160
6 151.84 76.00 155.69 165.03 165.03 110.00 17,820
7 106.07 89.00 108.76 115.29 115.29 96.00 9,984
8 484.56 362.00 496.86 526.67 526.67 416.00 45,760
9 137.32 134.00 140.81 149.26 149.26 149.00 57,216
11 93.78 61.00 96.16 101.93 101.93 101.00 133,424
15 289.22 221.00 296.56 314.35 314.35 277.00 15,789
17 138.44 43.00 141.96 150.48 150.48 40.00 1,840
18 327.14 223.00 335.45 355.58 355.58 266.00 115,710
20
Zone 1 DB 50.56 0.00 51.84 54.95 54.95 $16.92 (3)
Zone 2 RC 3.84 3.93 3.94 4.18 4.18 4.15 IJ)
Zone 3 H 5.47 4.27 5.61 5.95 5.95 4.35 13)
Zone 4 BC 20.37 20.84 20.88 22.13 22.13 20.59 (3)
Zone 5 1 307.20 310.59 315.00 333.90 333.90 310.32 (3)
Zone 6 II 236.04 134.29 242.03 256.55 256.55 153.78 (3)
Zone 7 111 145.70 149.36 149.40 158.36 158.36 149.10 13)
Zone 8 NDB 33.59 0.00 34.44 36.51 36.51 36.50 13)
Zone 9 TCC 26.65 13.23 27.35 28.99 28.99 28.88 (3)
23 374.03 94.00 383.53 406.54 406.54 0.00 0
24 560.49 448.00 574.72 609.20 609.20 470.00 18,800
26 439.90 229.00 451.07 478.13 478.13 367.00 6,973
31 454.41 1.00 465.95 493.91 493.91 357.00 123,165
33 1,123.03 0.00 1,151.55 1,220.64 1,220.64 0.00 0
Bay Boulevard I') 815.33 845.07 845.07 895.77 895.77 878.40 5,613
Town Center 15) 0.095222 0.098688 0.034804 0.104609 0.104609 0.104543 53,590
Eastlake No.1
Zone A Eastlake 1 10.40 10.28 10.67 11.31 11.31 4.03 6)
Zone B Greens 17.01 8.40 17.44 18.49 18.49 5.18 16)
Zone C OTC 140.90 1.35 144.47 153.14 153.14 1.39 16)
Zone D Salt Creek 187.91 176.97 192.68 204.24 204.24 159.93 16)
Zone E TC Channel 26.79 12.88 27.47 29.12 29.12 18.11 (6)
(I)Represented average residential assessment in SPA I.
,.-.......-...-..-..... --..--.
Page 5, Item )¿;.
Meeting Date 7/24/01
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01/02 FY 01/02 FY 01102
OSD#/Zone Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt+CP1(2, EDU EDU
(2'FY 200112002 assessment may be set at or below this cap without being subject to a majority protest.
(3'Revenue for all zones included in overall District 20 amount.
(4'Bay Boulevard rates based on acres for FY 199912000, 2000/2001 and 2001/2002.
(5'Town Centre rates based on lot square footage for FY 1999/2000,2000/2001 and 2001/2002.
("'Revenue for all zones included in overall East1ake Maintenance District amount.
In general, most budgets have increased due to adjustments in utilities and contract services. The increase in
utilities is due to projected rate increases and the increase in contract services is due to a CPI clause on
contracts. Savings from prior years are proposed to be used to supplement the property owners' collections
to provide the revenue needed for FY 2001/2002 maintenance while retaining reserves between 50%-65%
(City Code allows reserves between 50%-100%). Staff typically does not retain reserves above 65% in
consideration of property owners' requests to return as much excess funds as practical. However, where
maintaining a 65% reserve could result in future steep rate increases and/or the need to ballot property
owners for an increase in the assessment amount (i.e., the budget is higher than the collectible), staff
recommends maintaining a higher reserve. For those Districts where the reserve still exceeds 50-65%, staff
recommends using the savings to offset some of the assessments to give lower collectibles. This practice
should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund checks.
Staff generally tries to keep the assessments within the CPI amount allowed by the Code each year.
Following are summarizes of changes for each District. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an assessment increase is necessary. The proposed assessment per
Equivalent Dwelling Unit (EDU) for FY 2001/2002 represents the prior year's assessment with an inflation
factor of 6.0%. The assessment per EDU is the figure to be mailed to the property owners; the collectible is
the amount to be collected, which is affected by reserves, savings, etc. The collectible reflects impacts of
reserve requirements, ending fund balances and savings. For a detailed outline, see Attachment B.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD 1 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
E1 Rancho del Rey Units 1-4 $93.86 $47.00 $96.25 $102.03 $102.03 $96.00 $63,532
Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of $96.00 per Equivalent Dwelling Unit
(EDU), which is less than the assessment of$102.03 per EDU. The district budget is $81.38 perEDu. The
reserve under this recommendation will be 50%. The General Fund will be reimbursed $8,708 for staff
services from the OSD fund for FY 2001/2002. These figures were calculated on the basis of a net
assessment of$63,324 and a total of661.79 EDU's, as shown in Attachment B.
The fund balance for FY 1999/2000 was previously overestimated at $50,633, which resulted in a low
collection amount of$47.00 per EDU for FY 2000/2001. However, the actual July 1,2000 fund balance
was $37,792. Due to the underbilling that occurred during the previous fiscal year, an increase to $96.00 per
.------. .-- .---..- ..--..--
Page 6, ItemM
Meeting Date 7/24/01
EDU is required to keep the reserve at 50%. This is still below the maximum assessment amountof$102.03
per EDU and the amount of$102.00 per EDUquoted in the previous agenda statement.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01/02 FY 01102 FY 01102
OSD2 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Lark Haven $43.55 $35.00 $44.66 $47.34 $47.34 $47.00 $11,703
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set
forth in the Municipal Code. Staff also mends a collectible of $47.00 per EDU, which is less than the
assessment of$47.70 per EDu. Since the budget per EDU of$47.92 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
58%. The General Fund will be reimbursed $2,352 for staff services from the OSD fund for FY 2001/2002.
These figures were calculated on the basis ofa net assessment of$11,750 and a total of249.00 EDU's, as
shown in Attachment B.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will
review the District's budget and reserve in future years in an attempt to lower the budget and determine
whether there are additional savings.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01/02
OSD 3 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
Rancho Robinhood Units 1 & 2 $298.10 $288.00 $305.67 $324.01 $324.01 $290.00 $36,830
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$290.00 per EDU, which is less than the
assessment of$324.0l per EDU. Since the budget per EDU of$346.85 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
60%. The General Fund will be reimbursed $7,221 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis of a net assessment of$36,8l2 and a total of127.00 EDU's, as
shown in Attachment B.
Because the budget exceeds lhe proposed assessment, Public Works (including Open Space staff) will
review 1he District's budget and reserve in future years in an attempt to lower the budget and determine
whether there are additional savings.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD4 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
Bonita Ridge $314.86 $235.00 $322.86 $342.23 $342.23 $304.00 $63,840
- -- -..*..u_--..---- ----.. ,-u --,---_.-
Page 7, ItemÆ
Meeting Date 7/24/01
Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$304.00 per EDU, which is less than the
assessment of$342.23 per EDU. Since the budget per EDU of$304.61 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
46%. The General Fund will be reimbursed $10,241 for staff services from the OSD fund for FY
200112002. These figures were calculated on the basis ofa net assessment of$63,735 and a total of210.00
EDU's as shown in Attachment B.
Due to a revision in the estimated end of year fund balance from $58,478 to $29,660, the collection amount
of$236 per EDU has been revised to $304 per EOU in order to maintain a reserve of between 40% and 50%.
The collection amount is approximately the same as the budget amount.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01/02 FY 01102 FY 01/02
OSD5 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
Southbay Villas $307.04 $180.00 $314.84 $333.73 $333.73 $280.00 $34,160
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$280.00 per EDU, which is less than the
assessment of $333.73 per EOU. The district budget is $279.57 per EDu. The reserve under this
recommendation will be 43%. The General Fund will be reimbursed $5,714 for staff services from the OSD
fund for FY 2001/2002. These figures were calculated on the basis ofa net assessment of$34,155 and a
total of 122.00 EOD's, as shown in Attachment B.
Due to a revision in the estimated end of year fund balance from $28,256 to $14,619, the collection amount
of$2l6 per EDUhas been revised to $280 per EDU in order to maintain a reserve of between 40% and 50%.
The collection amount is approximately the same as the budget amount.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD6 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Hilltop Vista $151.84 $76.00 $155.69 $165.03 $165.03 $110.00 $17,820
Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$11 0.00 per EDU, which is less than the
assessment of $165.03 per EDU. The district budget is $104.72 per EDu. The reserve under this
recommendation will be 64%. The General Fund will be reimbursed $3,115 for staff services from theOSD
fund for FY 2001/2002. These figures were calcula1ed on the basis ofa net assessment of$18,016 and a
total of 162.00 EOD's, as shown in Attachment B.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01/02 FY 01102 FY 01102
OSD7 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
------.---------------------. - ---------
Page 8, HemE
Meeting Date 7/24/01
+CP1
Zenith Units 2, 3, & 4 $106.07 $89.00 $108.76 $115.29 $115.29 $96.00 $9,984
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$96.00 per EDU, which is less than the
assessment of$115.29 per EDU. Since the budget per EDU of$107.80 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
65%. The General Fund will be reimbursed $2,243 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis of a net assessment of $9,982 and a total of 104.00 EOU's, as
shown in Attachment B.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD 8 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
Rancho Robinhood Unit 3 $484.56 $362.00 $496.86 $526.67 $526.67 $416.00 $45,760
Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$4l6.00 per EDU, which is less than the
assessment of$526.67 per EDU. Since the budget per EDU of$435.94 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
50%. The General Fund will be reimbursed $7,813 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis of a net assessment of $45,753 and a total of 110.00 EDU's, as
shown in Attachment B.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD9 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
El Rancho del Rey Units $137.32 $134.00 $140.81 $149.26 $149.26 $149.00 $57,216
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$149.00 per EDU, which is less than the
assessment of$149.26 per EDu. Since the budget per EDU of$165.33 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
64%. The General Fund will be reimbursed $10,168 for staff services from the OSD fund for FY
2001/2002. These figures were calculated on the basis ofa net assessment of$57,11O and a total of384.00
EOU's, as shown in Attachment B.
Because the budget exceeds the proposed assessment, Public Works (including Open Space staff) will
rcview the District's budget and reserve in future years in an attempt to lower the budget and determine
whether there are additional savings.
FY 01102 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01/02
Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
OSD 11 EDU EDU EDU Assmnt EDU EDU
--. ..-------------- .------
Page 9, Item I;¡;
Meeting Date 7/24/01
+CPI
Hidden Vista Village $93.78 $61.00 $96.16 $101.93 $101.93 $101.00 $133,424
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$101.00 per EDU, which is less than the
assessment of $101.93 per EDu. The district budget is $94.75 per EDu. The reserve under this
recommendation will be 37%. The General Fund will be reimbursed $19,519 for staff services from the
OSD fund for FY 2001/2002. These figures were calculated on the basis ofa net assessment of$133,808
and a total of 1,321.03 EDU's, as shown in Attachment B.
Because the reserve amount for this District is less than 50%, due to a fund balance smaller than previous
years ($37,671), Public Works (including Open Space staff) will review the District's budget, fund balance
and reserve in future years in an attempt to adjust the budget and/or fund balance and determine whether
there are additional savings.
FY 01/02 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP, FY 01/02 FY 01102 FY 01/02
OSD 15 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Bonita Haciendas $289.22 $221.00 $296.56 $314.35 $314.35 $277.00 $15,789
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$277.00per EDU, which is less than the
assessment of$3l4.35 per EDU. Since the budget per EDU of$300.16 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
54%. The General Fund will be reimbursed $3,137 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis ofa net assessment of$15,796 and a total of57.00 EDU's, as
shown in Attachment B.
FY 01/02 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP, FY 01102 FY 01102 FY 01102
OSD 17 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Bel Air Ridge $138.44 $42.00 $141.96 $150.48 $150.48 $40.00 $1,840
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$40.00 per EDU, which is less than the
assessment of$150.48 per EDU. Since the budget per EDU of$95.02 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
75%. The General Fund will be reimbursed $1,206 for staff services from the OSD fund for FY 2001/2002.
These figures were calculated based on a net assessment of$l ,850 and a total of 46.00 EDU's, as shown in
Attachment B.
FY 01/02 Proposed Proposed
FY 99100 FY 00101 FY 00101 CAP, FY 01102 FY 01102 FY 01102
OSD 18 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
Page 10, Item I if
Meeting Date 7/24/01
Rancho del Sur
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$266.00 per EDU, which is less than the
assessment of$355.58 per EDu. Since the budget per EDU of$281.29 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
60%. The General Fund will be reimbursed $19,093 for staff services from the OSD fund for FY
2001/2002. These figures were calculated on the basis ora net assessment of$115,509 and a total of 435.00
EDU's, as shown in Attachment B.
FY 01102 Proposed Proposed
OSD 20 FY 99/00 FY 00101 FY 00101 . CAP: FY 01/02 FY 01102 FY 01102
Rancho del Rey Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt +CPI EDU EDU
Zone 1 - Desilt Basin 50.56 0.00 51.84 $54.95 $54.95 $16.92 31
Zone 2 - Rice Canyon 3.84 3.93 3.94 4.18 4.18 4.15 3
Zone 3 - H St. 5.47 4.27 5.61 5.95 5.95 4.35 3
Zone 4 - Business Centre 20.37 20.84 20.88 22.13 22.13 20.59 3
Zone5-SPA1 307.20 310.59 315.00 . 333.90 333.90 310.32 3
Zone 6 - SPA II 236.04 134.29 242.03 256.55 256.55 153.78 3
Zone 7 - SPA 111 145.70 149.36 149.40 158.36 158.36 149.10 3
Zone 8 - North Desilting Basin 33.59 0.00 34.44 36.51 36.51 36.50 (3
Zone 9 - Telegraph Canyon Channel 26.65 13.23 27.35 28.99 28.99 28.88 (3)
(3¡Revenue for all zones included in overall District 20 amount.
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA I is almost
completely developed; SPA II and SPA III homes are under construction. This District was established in
1989 encompassing all three areas with the understanding that the Open Space improvements would be
constructed in phases. Because this is a large District and not all of the items to be maintained have a benefit
to the entire District, OSD 20 is made up of several zones as indicated above. Every property within the
District is in more than one zone.
TABLE 3
OSD 20 Typical Combined Assessment (FY200112002)
SPA 1 (Zones 1 or 8, 2, 3, & 5) $356
SPA II (Zones 1 or 8,2,3, & 6) $325
SPA 111 (Zones 1 or 9,3, & 7) $177
Business Centre (Zones 1,2,3, & 4) *
*lndustrial (per acre) $1,008
*Conunercial (per acre) $1,268
Staff recommends that the assessments remain the same for each zone as FY 2000/200 I plus an increase of
6.0% as set forth in the Municipal Code. In each of these zones, staff recommends a collectible which is
equal to or below the proposed assessment. The reserves for each zone vary depending upon the budgets,
reserves and amortized costs (see budget worksheet). The reserve requirement for this District is acceptable,
.-,...-.--.,- .-. "'-.-..-------
Page 11, Item /(;
Meeting Date 7/24/01
pursuant to City Municipal Code. The General Fund will be reimbursed $162,958 for staff services ITom the
OSD fund for FY 2001/2002.
Zone 8 was established in July 1994 for the maintenance ofa desilting basin and access road located at the
downstream end ofthe Bonita Drainage Basin. Maintenance work included replacement of the access road
every eight years. The developer was required to maintain the basin for five years, after which it was
assumed that the City would maintain the basin using funds collected through this zone. Although the City
has not yet accepted this facility, the road needs to be rebuilt. Staff recommends that the City charge the
maximum rate in this zone in order to build up a reserve to pay for this work.
During Fiscal Year 2000/2001 the Telegraph Canyon Channel was accepted for maintenance by the City
after all required approvals were maintained. These costs are included in both Open Space District 20, Zone
9, Open Space District 31 and Eastlake Maintenance District 1 Zone E. Reserves accumulated in these
districts for channel maintenance will be used to pay for a portion of the maintenance costs.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01/02
OSD 23 Assmnt/ Collection! Assmntl FY 00101 Assmnt/ Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Otay Rio Business Park $374.03 $94.00 $383.53 $406.54 $406.54 $0.00 $0
In the previous agenda statements for May 29 and June 19, staff proposed that a collectible of$170.00 be
adopted for Fiscal Year 2001/2002. This was based on the assumption that the City would continue to
maintain the existing areas within this open space district. It was also anticipated that the district would be
amended to add new landscape improvements on the Main Street median.
However, City staff subsequently entered into discussions with the two property owners in this district,
Knott's and House of Blues. It was estimated that the landscaping work could be performed more cost
effectively by having the current contractor for the Main Street median maintain both the median and the
existing improvements within the open space district. A separate item is being prepared for Council tonight,
which would approve of an agreement between the City and House of Blues and Knott's for landscape
maintenance of these areas.
If Council approves this item, the property owners would enter into an agreement directly with the landscape
contractors. Therefore, there would be no need to set a collection amount. However, it is anticipated that
certain properties that are just outside the existing district may be able to be developed in the future based on
a change in zoning. Should these changes occur, it might be preferable ta amend Open Space District 23 ta
include the additional assessed properties and open space areas. It is therefore recommended that this
district be kept in place with a zero collectible and that any remaining funds be maintained as a reserve
against future expenditures.
_. - ~---_._-- ..--------.------
Page 12, Item /;;;-
Meeting Date 7/24/01
FY 01/02 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01/02 FY 01/02
OSD 24 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Canyon View Homes $560.49 $448.00 $574.72 $609.20 $609.20 $470.00 $18,800
Note: OSD 24 consists of only 40 townhomes sharing in the cost of large, landscaped slopes adjacent to the townhomes.
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a colJectible of$470.00 per EDU, which is less than the
assessment of$609.20 per EDU. Since the budget per EDU of$570.l 0 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
60%. The General Fund will be reimbursed $4,000 for staff services from the OSD fund for FY 200]/2002.
These figures were calculated on the basis of a net assessment of $18,811 and a total of 40.00 EDU's, as
shown in Attachment B.
FY 01/02 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
OSD 26 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Park Bonita $439.90 $229.00 $451.07 $478.13 $478.13 $367.00 $6,973
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. Staff also recommends a collectible of$367.00 per EDU, which is less than the
assessment of$481.74 per EDU. Since the budget per EDU of$375.00 exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation wilJ be
50%. The General Fund will be reimbursed $1,623 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis of a net assessment of $6,964 and a total of 19.00 EDU's, as
shown in Attaclunent B.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01/02 FY 01102
OSD31 Assmntl Collection! Assmntl FY 00101 Assmntl Collection! Revenue
EDU EDU EDU Assmnt EDU EDU
+CPI
Telegraph Canyon Estates $454.41 $1.00 $465.95 $493.91 $493.91 $357.00 $123,165
Staff recommends that the assessment remain the same as FY 2000/2001 plus an increase of 6.0% as set
forth in the Municipal Code. Staffalso recommends a collectible of$357.00 per EDU, which is less than the
assessment of $497.63 per EDU. The district budget is $326.49 per EDU. The reserve under this
recommendation will be 36%. Staffrecommends an increase to a minimum 50% reserve over a two-year
period. The General Fund will be reimbursed $17,620 for staff services from the OSD fund for FY
2001/2002. These figures were calculated on the basis ofa net assessment of$]23,096 and a total of345.00
EDU's, as shown in Attachment B.
-.-.... ..__. -----.'-------
Page 13, Item fir
Meeting Date 7/24/01
From FY 199411995 through FY 1999/2000, a minimal amount of improvements were turned over to the
City for maintenance. For FY 199411995 through FY 2000/2001, the City collected a minimal amount per
EDU due to an excess of available funds. However, in October 2000 a group of tennis courts was turned
over to the City for maintenance. After being large enough in the past to more than offset any expenditures,
this fiscal year the fund balance has shrunk to a much smaller figure ($30,091). Thus, staff is requesting the
collectible of $357.00 per EDU, which is needed to maintain a 50% reserve. Additionally, a portion of
Telegraph Canyon Channel maintenance must be added for FY 2001/2002.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01/02 FY 01/02
OSD 33 Assmntl Collection! Assnmtl FY 00101 Assnmtl Collection! Revenue
EDU EDU EDU Assnmt EDU EDU
+CP1
Broadway Business Home Village $1,123.ü4 $0.00 $1,155.55 $1,220.64 $1,220.64 $0.00 $0
No funds collected since inception.
Staffrecommends that the assessment remain the same as FY 2000/2001 plus an increase of6.0% as set
forth in the Municipal Code. The budget per EDU is $0.00, therefore, staff recommends no collectible. The
reserve under this recommendation will be 0%, since no construction is anticipated to be completed during
FY 2001/2002. Community Development has requested, since FY 199611997, that no funds be collected
because no construction has been done on this project. Staff is currently in negotiations with a new
developer who plans to construct a multi-use multiple family and commercial development in this area.
Staff may recommend collecting revenue for FY 2001/2002 or later because funds will be needed to do
required Open Space maintenance if construction is completed as anticipated in summer of 2002.
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01/02 FY 01/02 FY 01102
Assmntl Collection! Assnmtl FY 00101 Assmntl Collection! Revenue
Bay Boulevard Acre Acre Acre Assnmt Acre Acre
+CP1
Maintenance District $815.336 $845.07 $845.07 $895.77 $895.77 $878.40 $5,613
This District was reestablished in FY 1999/2000 on the basis of acreage. Staff recommends that the
assessment remain the same as FY 2000/200 I plus an increase of approximately 6.0%, as permitted in the
Engineer's Report for this District. Staff also recommends a collectible of $878.40 per acre, which is less
than the assessment of $895.77 per acre. Since the budget of $2,842.16 per acre exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available because
of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be
48%. The General Fund will be reimbursed $9,575 for staff services from the OSD fund forFY 2001/2002.
These figures were calculated on the basis ofa net assessment of$5,613 and a total acreage amount of6.39,
as shown in Attachment B.
Since the budget amount exceeds the proposed assessment and the reserve percentage is below 50%, staff
will review the District's budget and reserve in future years in an attempt to lower the budget and to
detennine whether there are additional savings. There is also a possibility that staff may consider conducting
a ballot process next year to increase the assessment amount.
_.. -""'- .--.-......
Page 14, Item I ¡;:;.
Meeting Date 7/24/01
FY 01102 Proposed Proposed
FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01102
Assmntl Collectioul Assmntl FY 00101 Assmntl Collectioul Revenue
Town Centre Acre Acre Acre Assmnt Acre Acre
+CP1
Maintenance District $0.095222 $0.034804 $0.098688 $0.104609 $0.104609 $0.104543 $53,590
At the request of property and business owners in this District, the City's consultant is preparing the
documentation needed to establish a Property-based Business Improvement District (PBID). At today's
Council meeting a public hearing will be held and property owner ballots will be tabulated. Ifthe ballot
initiative passes, the PBID will be formed and will take over the existing maintenance district as of January
1,2002. Existing reserves would be used to fund all expenses through December 31, 200 I. These reserves
may also be used to fund landscape and lighting repair projects within the maintenance district that are
identified prior to December 31. At that point, the District would be dissolved in accordance with Section
22610 of the California Streets and Highways Code, and any remaining funds would be transferred to the
City's General Fund.
J f the ballot initiative does not pass, staff recommends that the schedule shown above be adopted. The
assessment would include an increase of approximately 6.0% above the amount for FY 2000/2001, as
permitted in the Engineer's Report for this District. The collectible would be $0.104543 per square foot,
which is less than the assessment of $0.104609 per square foot. Since the budget of$O.l1 per square foot
exceeds the collectible amount, staff recommends utilizing the fund balance to make up the difference.
Funds are available because of prior years' savings and by adjusting the reserve balance. The reserve under
this recommendation will be 54%. The General Fund would be reimbursed $25,896 for staff services from
1he OSD fund for FY 2001/2002. These figures were calculated on the basis ofa net assessment of$53,590
and a total square footage amount of5l2,6l2, as shown in Attachment B.
FY 01102 Proposed Proposed
Eastlake Maiutenance FY 99/00 FY 00101 FY 00101 CAP: FY 01102 FY 01102 FY 01/02
District No. 1 Assmntl Collectioul Assmntl FY 00101 Assmntl Collectioul Revenue
EDU EDU EDU Assmnt EDU EDU
+CP1
Otay Lakes Road(l) - - (3)
Zone A -Eastlake 1 $10.40 $10.28 $10.67 $11.31 $11.31 $4.03 (3)
Zone B - Eastlake Greens 17.01 8.40 17.44 18.49 18.49 5.18 (J)
Zone C - Olympic Training Center 140.90 1.35 144.47 153.14 153.14 1.39 (3)
Zone D - Salt Creek 1 187.91 176.97 192.68 204.24 204.24 159.93 (3)
Zone E - Telegraph Canyon Channel (2) 26.79 12.88 27.47 29.12 29.12 18.11 (3)
(I) All areas share in the cost of atay Lakes Road medians and off-site parkways.
12) Portions of Eastlake 1 BC and Eastlake Greens are in benefit area.
IJ} Revenue for all zones included in overall Eastlake Maintenance District amount.
Costs vary by parcel due to the various zones, land uses and attributed traffic generation factors within
ELMD 1. Staff recommends that the assessment for each of the areas remain the same as FY 2000/2001
plus an increase of6.0% as set forth in the Municipal Code. Staff recommends an annual collectible, as
shown in Table I, which is below the assessment amount for each zone. The reserve for Zone E is at 65%.
Due to a large fund balance, the rates for all other zones were substantially decreased. A reserve between
80% and 90% was used for Zones A, Band 0 to minimize future increases.
______m.___. --.-.. ..-------.--
Page 15, Item I~
Meeting Date 7/24/01
The Council report for May 29, 2001 stated that the proposed rate for Zone D for Fiscal Year 2001/2002
would be $70.39 per EDU. At the Council meeting, staff proposed an increase in the rate to $160.00 per
EDU based on an increase in the budget. This increase would accommodate repair of the fencing, walls and
irrigation systems, as well as providing supplemental planting for areas currently in decline. Council
approved the revised rate in the resolution approved on May 29,2001.
The Council reports for May 29 and June 19, 2001 proposed a Fiscal Year 2001/2002 rate of $29.08 per
EDU for Zone E, which is near the maximum allowable rate of$29.l2 per EDU, because this is the first year
that any maintenance expenses will be incurred. Upon further investigation, it was discovered that a reserve
of$41,086 had been built up starting with Fiscal Year 1994-95 to minimize the financial burden on property
owners once the City had accepted the Telegraph Canyon Channel. Staff proposes that 10% ofthe reserve
be used during the following fiscal year, reducing the rate to $18.11 per EDU.
Olympic Training Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the ARCO
Olympic Training Center to continue maintenance ofWueste Road landscape improvements. Incorporated
in this agreement are safeguards to ensure maintenance is performed to City standards. There are indemnity
provisions for both parties for use of paths along Wueste Road,. I{owever, OTC turned over to the City
maintenance of a median on Olympic Parkway. Staff recommends setting the collectible for Zone C at
$1.39 per EDU. OTC is currently maintaining Wueste Road slopes through a landscape maintenance firm
that performs services within the Training Center at a price lower than a typical City solicited price.
Landscape maintenance firms sometimes subsidize the maintenance of high visibility areas to take advantage
of publicity opportunities such sites can provide. The proposed assessment was developed on the basis of
the City maintaining all Wueste Road landscape improvements.
Maintenance of an infiltration basin located at Wueste Road and Olympic Parkway is also included in Zone
C. According to the January 16, 1996 maintenance agreement signed by the Cities ofChula Vista and San
Diego, the U. S. Olympic Committee, and Eastlake, the maintenance costs ofthis basin would be included in
Zone C after a three-year maintenance period by Eastlake and acceptance by the City. The maintenance
period has expired; however, Eastlake intends to divert flows from other developments into this basin. Since
it would not be appropriate to have Zone C pay all maintenance costs under these circumstances, City staff
has defelTed acceptance of the basin until a new maintenance agreement can be executed.
Notice
The public hearings were noticed pursuant to Government Code 6063, which requires that notice be
published in a newspaper of general circulation (the Star-News) at least 10 days before the second public
hearing. Staff has mailed notice ofthe hearings to property owners in all Open Space Districts. The notice
informed the resident of his/her District, the current year assessment, the CPl adjustment and the proposed
assessment for FY 2001/2002. Approximately 14,000 properties received notices.
Plans, specifications, and assessment rolls are on file in the Public Works/Engineering office.
"------------" ,.,-
Page 16, Item) &
Meeting Date 7/24/01
OSD PROTESTS:
The following is a summary of protests received for the City's Open Space Districts:
For Open Space District 1:
I letter protesting assessment increase and requesting additional maintenance work from Mr. and
Mrs. Stephen R. Arends.
For Open Space District 5:
I letter protesting assessment increase and requesting additional maintenance work from Mr. Leroy
Johnson.
For Open Space District 18:
I letter protesting assessment increase from Mr. Marc Techner.
For Open Space District 20:
2 letters protesting assessment increase and requesting additional maintenance work from Mr.
Geronimo Abalos and Dale and Madeleine Godfrey; I letter requesting additional maintenance work
from Mr. David Mee
In addition, staff has received a total of twenty-three (23) calls from residents regarding the City's Open
Space Districts. Eight calls pertained to Open Space District 20; five calls pertained to Eastlake
Maintenance District #1; four calls pertained to Open Space District 31; two calls pertained to District 7;
and one cal1 apiece pertained to Open Space Districts 3, 4,5, and 8. Of these calls, eight were inquiries
regarding the assessment and col1ectible amounts, four were requests for maintenance, and eleven were
requests for general information.
At the first public hearing on July 19, Amy Richter, resident ofEastiake Maintenance District No. I, spoke
before Council. She stated that she was concerned that, although she pays approximately $1 0 to $11 year in
assessments, some of her neighbors pay $160 to $170. Director of Public Works John Lippitt explained that
this was due to the fact that there are several zones in this district and some property owners have more
improvements that need to be maintained by the district.
Copies of the letters received and staff responses are provided in Attachment C.
FISCAL IMPACT: Public Works (including Open Space staff), Data Processing and Finance generate
staff costs associated with the Open Space program. Contractual costs ($983,324) are outlined in
Attachment B. These costs are recovered through the OSD collectible, causing no net fiscal impact. The
total General Fund reimbursement for City staff services from the above listed OSD funds for FY 2001/2002
is estimated to be $363,544.
Attachments: A. District Maps
B. Cost Summary
C. Copies of Protest Letters and Responses
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Rancho del Rey Open Space District No, 20
Amortized Costs
Amount Accumulated for
FY: 90-91,91-92,92-93,
93-94,94-95,95-96,96-97, FY 01-02
Zone Description 97-98,98-99,99-00.00-01, Amount Work descrintion
1 Desilting Basin $134,818.00 $0.00 Desilting basin maintenance (every 5 years)
at East H Street $33,500.00 $0.00 Stabilization structures maintenance (every 3 years)
$3,649.00 Miscellaneous
2 Rice Canyon $0.00 $0.00 Staging Area - A.C. overlay and stripe (every 5 years)
Trail area $813.00 $228.00 Staging area maintenance (30 year period)
$0.00 $0.00 Miscelianeous
3 East H Street $0.00 $0.00
4 SPA 1 Phase 1 $44,022.00 $4,002.00 Monumentation replacement (30 year period)
(Business Center)
5 SPA 1 Phases 2-6 $396,827.00 $34,617.00 Theme wall and monument replacement (30 year)
6 SPA 2 $0.00 $0.00
7 SPA 3 $0.00 $0.00
8 Desiltlng Basin $000 $4,540.00 Access Road/gabion structure not yet accepted by City
at Glen Abbey
9 Teiegraph Cyn Channel $4,332.00 $0.00 Amortized amount to be used
(SPA 3 area) for current maintenance
$617,961.00 $43,387.00
Notes:
1. Zone 1 - $26,320 (5 yrs) & $6,700 (# yrs) for desilting basin & stabiiization structures not collected beyond 5 yrs per Code;
Zone 2 - $873 (5 yrs) for AC not collected.
2. Zone 2 & 3 - Amortized cost for walls not determined.
3. Zones 6 & 7 - Theme wall/monumentation to be added.
4. Zone 8 - New gabion structure and access road are to be periodically maintained. Reserves are to be accumulated prior to
anticipated acceptance in FY 200212003.
5. Zone 9 - See TC spreadsheet for cost breakdown on channel.
h:lhomelengineer\agendaIOSD 20 amortized costs. xis
..__. ._----------------- .._~
//1 /7?l6//ß ¿ A/T ~
Mr. & Mrs. Stephen R. Arends
1370 Don Carlos Com"t
Chula VIsta, CA 91910
June 10,2QO .37</.
,>,,:)\'" 7$76'
Chula Vista City Council + ~
c/o City Clerk's Office JUN 20011J ~
276 Fourth Avenue ~
Chula Vista, CA 9191O~:; RECEIVED g
Dear Mayor, Deputy Mayor, and City Councilmembers, <:<'0 '41,tf.
.~ él(?S?:LZ91.<;1.;
This week the homeowners in our neighborhood received a "Notice of Public e . g
concerning the Public Works Department's proposed increase in the Open Space District #1
assessment on our annual property tax bills. Unfortunately, we will be unable to attend either one
of the scheduled public hearings this month on June 19th and 24th. That is why we are sending
our comments via mail.
As homeowners in Chula Vista for almost 25 years, we have seen our county property tax
bill continually increase. The extra fees and what are called "fixed charge assessments" levied by
various governmental agencies on homeowners' real estate tax bills have climbed, as have various
bonds that voters have approved. In an era when homeowners and city governments are trying to
stay within a budget, especially when the full impact of increased energy costs are felt, homeown-
ers are obligated to convey to you, our elected otlìcials, exactly how we feel about these staff'
proposed i~creases in Open Space District assessments for FY 01/02 and beyond.
The attached Engineering Division's letter of 06/04/200 I stated that "The proposed
maximum assessment equals your current maximum assessment increased by approximately
6.8%." That is apparently an incorrect statement since the City of Chula Vista letter shows a
maximum assessment of$96.25 for Chula Vista Open Space District #1 for FY 00/01 of$96.25.
In reality, our actual FY 00/01 fixed charge assessment for Open Space District #1 was $47.00
this year. The Engineering Division's letter of June 4, 200 I suggests that the new OSD # I
assessment for FY 01/02 become $102.02. That would be an unbelievable increase of almost
120%, vice the stated 6.8%. Needless to say, more than doubling the assessment is unaccept-
able to us, and all of our neighbors.
As residents at this address since the 70's, we've seen only minimal work actually
performed in maintaining the City's open space in our part of Chula Vista. When multiplying the
number of homeowners who pay this annual assessment via their county property tax bills,
citizens are questioning why we are being assessed $47. Otay Water District that serves this
portion of Chula Vista is giving ratepayers a rebate. Citizens assume the City is also being given a
rebate, if a portion of our OSD #1 assessment pays for water in our Open Space District. That
rebate ought to become a reduction in our FY 01/112 OSD assessment, vice the City staffs
proposed 120% increase!
--,----' "--' ,--- ,., -,.-.---------
-,
"
!
1
2
We urge all of the members of the Chula Vista City Council to deny the staff's recom-
mendation for!!U: increase in the assessment for OSD #1. We prefer that the assessment be
reduced, and that the City staff more aggressively manage the contractor(s) that are now being
paid with our OSD fees to perform work in OSD #1. The Chula Vista open space area, for
example, adjoining Discovery Park on the east toward Tiara is covered with debris and refuse that
should have long ago been removed by whoever that City pays to keep that area clean. That
specific area is near the high voltage power lines that might be SDG&E's property. Regardless,
that open space area is unsafe, and an eyesore to the neighborhoods near Discovery Park. One of
our sons, Michael, is a homeowner in Tiara, and we have witnessed no effort by the City of Chula
Vista to clean up the OSD #1 property near Tiara. The same is true for the open space area west
of Discovery Park behind Oakwood Apartments. Seeing the lack of upkeep, discarded shopping
carts, no weed cutting in the open space near Tiara to prevent fires, and what little work is being
done, to keep our neighborhood's open spaces safe and clean, it is unreasonable to expect the
homeowners in OSD #1 to embrace the City staff's suggestion to increase our annual
assessment.
Please convey to the City staff that is responsible for managing the contractor(s) that are
being paid this fiscal year to clean up the litter and large debris in our open spaces that the
homeowners are dissatisfied with what has been done in recent years, We are not getting our
money's worth now, and object to any increase in the OSD #1 assessment. For the safety of
homeowners, and prevention of tragic fires in the open space areas, the overgrown brush ought to
be cut back along the open space property lines that adjoin residential properties like Tiara. We
have seen the catastrophic results of fire in the City's open space when a canyon fire destroyed
homes on Valencia Court a few years ago. The City ought to do more with its current funding to
make these open space areas safer for homeowners, and obligate its contractors to do more to
remove the debris that thoughtless and law-breaking citizens discard on our City's open space
land. Please deny the staff's proposal to increase OSD #l's assessment for FY 01/02.
Sincerely,
~?~
Attachment
cc: Councilmember Mary Salas
Commissioner A. Y. Casillas, Chula Vista Veter
Armando Buelna, Ass't to Mayor & City Counci STEPHEN R. ARENDS
Michael A. Arends, 1350 Callejon Palacios, #72 ~Jft.. Veteta.. Advloory Commlulon
Tom Magness, Chula Vista Dept. of Public Wor Ollh,efilþ.}
-.- I
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"'-- - CITY OF CHULA VISTA
(llY OF 276 Fourth Avon...
(HUlA VISTA Chu18Vleta,CA91910
(619) 421-1521
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RECEIVED
'01 JJN20 All :24
ilTY OF CHULA VIS! ¡\ ~-I1:,-DI
.ITY CLERK'S OFFICE
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RECEIVED
MARC TECHNER
1009 Via Sim¡oso ì;1- Chula Vista,CA. 91910 "Ot .w 20 All :23
(619)656-0644
OITY OF GHULA VISTr,
City ofChula Vista 01TY CLERK'S OFFICf
City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
RE: Open Space Distric Assessment
APN # 6403801101)
Dear Sir or Madame:
We are opposed to any i Ilcrease in the amount of the Open Space Assessment for the
,-) above-referenced parcel
The entire concept of ulll:qual taxation, especially when the law specifically dermes it as
non-taxation as all MellcI-Roos type fees are so deemed, stinks. It strikes us as distinctly
un-American in concept and arbitrary in implementation,
Please note that in the la:4 few years our area has increased in tax burden for bond
elections benefiting the Chula Vista Elementary School District, the Sweetwater Union
School District and the Southwestern Community College District. Those increases, plus
the increase in utility expenses we are all paying, makes your proposed 6.8 percent
increase even more unbe¡lfable. And, after observing that the majority of the
maintenance ofthe Operl Spaces are done at reduced costs by offenders supervised by the
Board of Corrections, we: fmd it hard to justify the even the assessment fees which are
currently levied let alone any increase,
Th~ yo~ ~
----"'~ J
~
/'
Marc Techner and NorntL ~
...-'- "-,,,,-------- ,,-----"
Dale R. Godfrey RECEIVED
502 Montera Ct. JL \0 PS:18
Chula Vista CA 91910 '01
Tel: (619) 258-0393 Business in OF CH.UlA. V~S1 t.
(619) 656-3637 Home --1'1' Clffi ('S ØfflCt
Fax: (619) 258-0790
June 26, 2'001
City of Chula Vista
City Clerk
276 Fourth Avenue
Chula Vista CA 91910
Re: Consideration of Open Space Assessment (ðs Þ :20)
Hearing Date: July 24. 2001
To whom it may concern:
We would be very much desirous to know what the justification is for the amount of the current assessment.
We were under the impression that the assessment was originally levied to cover maintenance of the Open
Space. Our understanding being that the primary scope of this maintenance was to keep the weeds and
brush in the open area cut down within a certain distance of a structure. We have lived in the home now for
over two years, and to my knowledge. have only evidenced any kind of maintenance one time during that
period. I do not know how many weed clean-ups are supposed to be covered by the $300+ annual
assessment but our experience is that we are currently paying far too much for what we are getting.
~ .
Several weeks ago we called the City to get the weeds cut down as they had grown quite high and dense
over the winter and we were quite concémed about the fire h-azard notwithstanding the unsightliness. We
were unable to get any satisfaction answer as to if or when any service would be provided, We then
proceeded with the weed clean-up ourselves. This is the 3"' or 4th time that we have had to cut down the
weeds in the Open Space adjacent to our property.
Please file this letter in opposition to any increase in the assessment and in support of any decrease or
elimination of the assessment altogether.
it-kA
¡j~~ '
ale & Madeleine dfr y
-- ---------- ---_._-----._--------.-
-
Page I oil
Subj: Open Space Management in Rancho Del Rey
Date: 6114/2001 11 :26:02 AM Pacific Daylight Time
From: illMH
To: cion ci.chula-vista.c;<L!,!s, lJ1j y_mm enfold.na~m¡1
Sir,
I am the landlord of a property in the Rancho Del Rey district of Chula Vista and am currently conducting an all
too infrequent property inspection. I feel that I must infonn you that I am not too pleased by the condition of the
open space behind my house at 588 Vista Miranda. The area has become very overgrown with weeds, scrub
bush and even trees that were not planned for the area. The effect has been that the area has taken on a very
wild and unkempt appearance at the expense of the ice plants as well as several nice trees that have died. I
seem to receive annual announcements from Chula Vista infonning me that the taxes associated with open space
managemet will be raised but it is clear that that money is not being spent behind my property. My tennents have
informed me that they have not observed any water spriklers operating since last October.
In light if the current condition of the overgrown dry plants, I would assess that a significant fire hazard exists to all
properties bordered by this open space. I would ask you assistance in correcting the current neglected condition
of the area. Thank You for your assistance in this matter.
David Mee
2003 Kenley Court
Alexandria, VA 22308
703 799-3756
meeda@tidalwave.net
Sunday, July 08, 2001 America Online: L TPMEE
Draft 7.17.01 oscjyc
Staff response to letters received by Council for the June 19,2001 hearing
for the setting of Open Space District Assessments.
The following are actions taken by staff in response to the three letters sent
to Council for the June 19,2001 hearing to set Open Space District
Assessments.
Letter # 1
Leroy Johnson
698 East J st.
c.V. 91910
Open Space District 5, Southbay Villas
Landscape maintenance concerns.
An overhanging limb from an evergreen was cut and removed on July
12th 2001. Mr. Johnson's property is clear of any encroaching plant
material from the Open Space District #5.
Open Space District #5 was originally landscaped with a dense stand of
eucalyptus trees immediately adjacent to the homes along east J St.
Since 1986, eucalyptus trees nearest the rear property lines of these
homes have been systematically thinned out as a safety concern. To
date, 6 trees immediately adjacent to Mr. Johnson's property line have
already been thinned out. The three remaining eucalyptus trees closest to
the Johnson property, approximately 30-40 feet of the Johnson property
line, will be heavily pruned and thinned in November which is the normal
schedule for tree trimming in our Open Space Districts. It should be noted
that these trees are healthy and pose no safety threat to the Johnson
property.
. ... -"-"--0"---",--", .. -'.".."----
Letter #2
Mr. & Mrs. Stephen R. Arends
1370 Don Carlos Court.
Chula Vista, CA 91910
Open Space District #1. EI Rancho Del Rey Units 1-4 (est. ca. 1974)
also representing...
Michael A. Arends
1350 Callejon Palacios #72
Chula Vista, CA 91910
Open Space District 20 Zone 5, Rancho del Rey (est. ca. 1990)
Landscape maintenance concerns.
The specific landscape maintenance concerns referred to in Mr. Stephen
Arends letter refer specifically to the areas immediately adjacent to his
son Michael's residence in Open Space District 20 Zone 5 and is NOT a
part of Mr. Stephen Arends Open Space District # 1, which is contiguous
with District 20 but does not extend north of east H St.
Landscape Maintenance Concerns.
The litter, debris and shopping carts referred to in the letter near Tiara
development and the area adjacent to the Oakwood Apartments have
been removed (July 13,2001). A fire clearance was completed around
the Tiara Condo/Townhomes and Oakwood Apartment areas July 13,
2001. This work was acknowledged by the son, Mr. Michael Arends in an
appreciative telephone message dated July 13,2001.
Otay Water District rebates.
In the last paragraph of the first page of his letter, Mr. Stephen Arends
refers to an Otay Water District rebate. At the time of this writing, Otay's
rebate program only applies to %" water meters. There is only one meter
of this size in Open Space District # 1 that qualifies for this rebate. This
meter has had its (Open Space District # 1) account credited with the
rebate.
Each utility meter of a district is paid out of that districts utility account.
and any rebates or credits to that account stay within the budget of that
specific district. Any funds in these accounts not used within the fiscal
year revert back to that districts reserve account and in so doing, effects
(lessens) the assessment requirement in the following fiscal year. Savings
do NOT revert back to the General Fund but instead stay within that
particular district.
--
Most of our Open Space District irrigation meters are 2" and are classified
as commercial irrigation meters. Commercial meters are still under
consideration and discussion by the Otay Water District Board of Directors
for future rebates.
---- ..__.._..--_._-_..~--_.._..-.-. --
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT, AND LEVYING THE ASSESSMENTS FOR
FISCAL YEAR 2001/2002 FOR OPEN SPACE
MAINTENANCE DISTRICTS 1-9, 11, 15, 17, 18,
20, 23, 24, 26, 31, 33, BAY BOULEVARD, AND
EASTLAKE MAINTENANCE DISTRICT NO. 1
WHEREAS, prior to the adoption of this resolution, the City
Council has caused the formation of various districts under and
pursuant to either the Chula Vista Open Space District Procedural
Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07
(adopting in substantial part the 1972 Lighting and Landscaping
Act ("Act") as contained in Streets and Highways Code Section
22500, et seq., or pursuant to the Act itself designated as
follows:
1. Open Space District Nos. 1-9, 11, 15, 17, 18, 20, 23, 24,
26, 31 and 33.
2. Bay Boulevard and Eastlake Maintenance District No. 1.
WHEREAS, the districts are exempt from the provisions of
Proposition 218 because 1) the assessments were raised by an
amount equal to or below the CPI; 2) the districts were either
formed at the request of 100% of the land owners; or 3) the
improvements are within the street right-of-way; and,
WHEREAS, in accordance with the Procedural Ordinance, the
city Engineer has prepared a report on the spread of assessments
for said Open Space and Maintenance Districts ("Engineer's
Report"); and,
WHEREAS, on May 2 9, 2001, the city Council approved the
Engineer's Reports and set June 19 and July 24, 2001 as the dates
for the public hearings; and,
WHEREAS, the proposed individual assessments for Fiscal Year
2001-2002 as they compare to the last year are shown below:
1
---------.--.---.--.
TABLE 2
Prior FY'S vs. FY 200112002 Assessment/Collectible
FY 01102 Proposed Proposed
FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01102 FY 01102
OSD#/Zone Assmntl Collection! Assmntl FY 00/01 Assmntl Collection! Revenue
EDU EDU EDU Assmnt+CP1(2) EDU EDU
1 $93.86 $47.00 $96.25 $102.03 $102.03 $96.00 $63,532
2 43.55 35.00 44.66 47.34 47.34 47.00 11,703
3 298.10 288.00 305.67 324.01 324.01 290.00 36,830
4 314.86 235.00 322.86 342.23 342.23 304.00 63,840
5 307.04 180.00 314.84 333.73 333.73 280.00 34,160
6 151.84 76.00 155.69 165.03 165.03 110.00 17,820
7 106.07 89.00 108.76 115.29 115.29 96.00 9,984
8 484.56 362.00 496.86 526.67 526.67 416.00 45,760
9 137.32 134.00 140.81 149.26 149.26 149.00 57,216
11 93.78 61.00 96.16 101.93 101.93 101.00 133,424
15 289.22 221.00 296.56 314.35 314.35 277.00 15,789
17 138.44 43.00 141.96 150.48 150.48 40.00 1,840
18 327.14 223.00 335.45 355.58 355.58 266.00 115,710
20 -
Zone 1 DB 50.56 0.00 51.84 54.95 54.95 $16.92 (3)
Zone 2 RC 3.84 3.93 3.94 4.18 4.18 4.15 (3)
Zone3H 5.47 4.27 5.61 5.95 5.95 4.35 (3)
Zone 4 BC 20.37 20.84 20.88 22.13 22.13 20.59 (3)
Zone 5 1 307.20 310.59 315.00 333.90 333.90 310.32 (3)
Zone 611 236.04 134.29 242.03 256.55 256.55 153.78 (3)
Zone 7 111 145.70 149.36 149.40 158.36 158.36 149.10 (3)
Zone 8 NDB 33.59 0.00 34.44 36.51 36.51 36.50 (3)
Zone 9 TCC 26.65 13.23 27.35 28.99 28.99 28.88 (3)
23 374.03 94.00 383.53 406.54 406.54 0.00 0
24 560.49 448.00 574.72 609.20 609.20 470.00 18,800
26 439.90 229.00 451.07 478.13 478.13 367.00 6,973
31 454.41 1.00 465.95 493.91 493.91 357.00 123,165
33 1,123.03 0.00 1,151.55 1,220.64 1,220.64 0.00 0
Bay Boulevard (4) 815.33 845.07 845.07 895.77 895.77 878.40 5,613
Town Center 5 0.095222 0.098688 0.034804 0.104609 0.104609 0.104543 53,590
Eastlake No.1
Zone A Eastlake 1 10.40 10.28 10.67 11.31 11.31 4.03 (6)
Zone B Greens 17.01 8.40 17.44 18.49 18.49 5.18 (6)
Zone C OTC 140.90 1.35 144.47 153.14 153.14 1.39 (6)
Zone D Salt Creek 187.91 176.97 192.68 204.24 204.24 159.93 (6)
Zone E TC Channel 26.79 12.88 27.47 29.12 29.12 18.11 (6
(()Represented average residential assessment in SPA 1.
(2)FY 200112002 assessment may be set at or below this cap without being subject to a majority protest.
")Revenue for all zones included in overall District 20 amount.
(4)Bay Boulevard rates based on acres for FY 199912000,2000/2001 and 2001/2002.
2
.-. ..--.-.
FY 01102 Proposed Proposed
FY 99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY 01/02 FY 01/02
OSD#/Zone Assmntl Collection! Assmntl FY 00/01 Assmntl Collection! Revenue
EDU EDU EDU Assmnt+CP1(1) EDU EDU
<s)Town Centre rates based on lot square footage for FY 1999/2000, 2000/2001 and 2001/2002.
(6'Revenue for all zones included in overall Eastlake Maintenance District amount.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and
Maintenance Districts herein referenced that the City Council of
the city of Chula vista does hereby find that written protests
against the proposed assessment adjustment has not been made by
owners representing more than one-half of the area of the land to
be assessed from the improvement and confirms the diagram and
assessment contained in the modified Engineer's Report, and
orders the open space and maintenance facilities to be
maintained. The adoption of this resolution shall constitute the
levy of the assessments as proposed in the modified Engineer's
Report for the 2001-02 fiscal year and set forth hereinabove for
Open Space Districts 1-9, 11, 15, 17, 18, 20, 23, 24, 26, 31, 33,
Bay Boulevard, and Eastlake Maintenance District No. 1.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
J. lattorneylrnaolOpen Space All Diatriota Levy
3
.~. . _.- ..,.-----....-..-..---- --.-
RESOLUTION NO.2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE INTENT TO INITIATE
DISSOLUTION PROCEEDINGS FOR THE TOWN CENTRE
MAINTENANCE DISTRICT
WHEREAS, on July 24, 2001, the City Council established
the Downtown Property-Based Business Improvement District (PBID)
pursuant to the Property and Business Improvement District Law of
1994; and
WHEREAS, the PBID will take over the existing Town
Centre Maintenance District as of January 1, 2002; and,
WHEREAS, existing reserves will be used to fund
expenses through December 31, 2001; and
WHEREAS, at that time, the District will be dissolved in
accordance with Section 22610 of the California Streets and
Highways Code.
NOW, THEREFORE, BE IT RESOLVED as to Town Centre District,
that the city Council of the city of Chula Vista does declare the
intent to initiate dissolution proceedings for the Town Centre
Maintenance District.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
J, \attorney\re,o\open Space Di'SOIUtion
. ,'_-0'0""
RESOLUTION NO.2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING CERTAIN OPEN SPACE AND
MAINTENANCE FACILITIES TO BE MAINTAINED,
APPROVING MODIFICATION TO THE ENGINEER'S
REPORT AND LEVYING ASSESSMENTS FOR FISCAL
YEAR 2001/2002 FOR TOWN CENTRE MAINTENANCE
DISTRICT
WHEREAS, prior to the adoption of this resolution, the
city Council has caused the formation of various districts under
and pursuant to either the Chula Vista Open Space District
Procedural Ordinance ( "Procedural Ordinance"), as contained in
Chapter 17.07 (adopting in substantial part the 1972 Lighting and
Landscaping Act ("Act") as contained in Streets and Highways Code
Section 22500, et seq., or pursuant to the Act itself designated
as Town Centre Maintenance District; and
WHEREAS, in accordance with the Procedural Ordinance,
the City Engineer has prepared a report on the spread of
assessments for said Open Space and. Maintenance Districts
("Engineer's Report"); and,
WHEREAS, the districts are exempt from the provisions
of Proposition 218 because 1) the assessments were raised by an
amount equal to or below the CPI; 2) the districts were either
formed at the request of 100% of the land owners; or 3) the
improvements are within the street right-of-way; and,
WHEREAS, on May 29, 2001, the City Council approved the
Engineer's Report and set June 19, 2001 and July 24, 2001 as the
dates for the public hearings; and,
WHEREAS, the proposed individual assessment for Town
Centre Maintenance District for FY 2001/2002 is shown below:
PRIOR FY'S YS. FY 2001/2002 ASSESSMENT/COLLECTIBLE
FY 00/02 Proposed Proposed
FY99/00 FY 00101 FY 00100 CAP: Fyoo/01 FYOll02 FYOll02
Assmtl Collectionl Assmtl FY 00/01 Assmtl Collection! Revenue
Open Space District No. 10 EDU EDU EDU Assmt + EDU EDU
CPIII}
Town Centre Maintenance $0.95222 $0.034804 $0.098688 $0.104609 $0.104609 $0.104543 $53,590
District'
(l) Town Centre rates are based on lot square footage for FY 199112000, 2000/2001 and2001/2002
1
_. ---~--_._- ---- - -- . --..-.- ------. ...-----.
NOW, THEREFORE, BE IT RESOLVED as to Town Centre District,
that the City Council of the City of Chula vista does hereby find
that written protests against the proposed assessment adjustment
has not been made by owners representing more than one-half of the
area of the land to be assessed for the improvement and confirms
the diagram and assessment contained in the modified Engineer's
Report, and orders the open space and maintenance facilities to be
maintained. The adoption of this resolution shall constitute the
levy of the assessment as proposed in the modified Engineer's
Report for the 2001/2002 fiscal year and set forth hereinabove for
Town Centre District.
Presented by Approved as to form by
~~~Q ~
John P. Lippitt
n M. Kaheny
Director of Public Works lty Attorney
J, lattorneylre,olOpen Space Town Centre Levy
/;J
2
,------- -----.-------------, ----------_.
COUNCil AGENDA STATEMENT
Item 13
Meeting Date lolly 74 ~OO1
ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of
Certain Delinquent Solid Waste Service Charges as Liens Upon
the Respective Parcels of land and Placement of Delinquent
Charges on the Next Regular Tax Bill for Collection
RESOLUTION No. Assessing Delinquent Solid
Waste Service Charges as Liens Upon the Respective Parcels of
land and Approving Placement of Delinquent Charges on the
Next Regular Tax Bill
SUBMITTED BY: Deputy City Ma~ger Powell & ~ ~
REVIEWED BY: City Manager GfJ JV (4/5ths Vote: Yes -No-X-)
In October, 1998, City Council amended Municipal Code Section 8.24 to establish
collection methods for delinquent solid waste service accounts. Pacific Waste
Services and city staff estimated that up to 10% of the City's generators were not
paying for solid waste services as required by ordinance. Adoption of this resolution
will enhance the collection process for delinquent solid waste service charges by
reducing the amount of uncollectible losses and ensure that payment will be received
on a more timely basis.
RECOMMENDATION: That Council open the public hearing to consider assessing
delinquent solid waste service charges as liens on the
affected properties, consider all testimony, and adopt the
resolution overruling all protests and assessing these
charges as liens upon the respective parcels of land.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
In November 1998, City Council amended Municipal Code Section 8.24 to require
participation in solid waste service and eliminate suspension of solid waste service
for nonpayment. To ensure that all residents pay their fair share of the costs of this
program, the ordinance also allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property
tax bills for collection. The ordinance states that upon notification of the property
owners, a public hearing is set for solid waste service accounts which are over sixty
------ - -----.---_.-------
Page 2, Item- 13
Meeting Date hlly17 7001
days of delinquent, At the hearing the City Council considers the delinquent
accounts together with any objections or protests by interested parties. At the
conclusion of the hearing, the City Council, may either approve the delinquency and
amount owed on the accounts as submitted or as modified or corrected by the City
Council. Lastly, the City Council adopts a resolution assessing such amounts as liens
upon the respective parcels of land, and the amounts are charged to the property
owners on the next regular property tax bill. As these amounts are collected, the
monies are remitted to Pacific Waste Services less the City's Franchise Fees, AB939
fees and late charges.
Although this collection process was approved in concept in November 1998, this is
the first time the process has been implemented. Pacific Waste Services submitted
over 1,000 delinquent accounts valued at $186,000 to the city for collection, and
through our own internal collection efforts, city staff has collected $42,500 to date.
The remaining 663 accounts totaling $149,900 are being submitted for placement on
the next regular tax bill for collection, (listing available at the City Clerk's office).
These property owners have been notified of their delinquencies, and two weeks ago,
they were notified of the public hearing and were asked to pay their delinquent sewer
service charges by July 23, 2001 to avoid a lien being placed on their property.
Payment arrangements have been set up as needed, and staff will continue to update
this list as payments are received and accounts are cleared. A final list will be
submitted to the City Council for consideration as soon as all payments are recorded,
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County
and assessed as liens on the respective parcels of land and ultimately placed on the
next regular tax bill for collection.
FISCAL IMPACT:
By placing delinquent solid waste service charges on the property owner's regular
tax bill, an estimated $102,000 should be collected for FY 01-02 from this
collection method. These funds would then be forwarded to Pacific Waste Services
less the city's Franchise Fees, AB939 fees and late charges. The city should
recognize an estimated $9,200 increase in Franchise Fees, $1,800 in AB939 fees,
and $4,500 in late charges for FY01-02.
RESOLUTION NO. 2001-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ASSESSING DELINQUENT SOLID
WASTE CHARGES AS LIENS UPON THE RESPECTIVE
PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
WHEREAS, in October, 1998, the City Council amended
Chapter 8.24 of the Chu1a vista Municipal Code to establish
collection methods for delinquent solid waste service accounts
to be placed on the property tax bill for collection; and
WHEREAS, the ordinance states upon notification of the
property owners, a public hearing is set for solid waste
service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council is to
consider the delinquent accounts together with any objections or
protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City
Council may either approve the delinquency and amount owed on
the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, a public hearing on delinquent assessments
was properly noticed for July 24, 2001, at which all protests or
objections presented were considered by the city Council; and
WHEREAS, staff is recommending that the City Council
approve the final listing of delinquent solid waste service
accounts as submitted and that these charges be forwarded to the
County for placement on the next regular tax bill for
collection; and
WHEREAS, any delinquent accounts that are cleared by
July 23, 2001, as a result of the public hearing set for July
24, 2001, will be removed from the list prior to the submittal
of these charges to the County.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby (1) overrule any and all
protests or objections presented at the public hearing and (2)
approve, with respect to the delinquent account list presented
by staff and on file in the office of the city Clerk, assessing
- -. ..~----.--- .----.-.---.
delinquent solid waste service charges as liens upon the
respective parcels of land and the placement of such delinquent
charges on the next corresponding regular tax bill unless
cleared by July 23, 2001.
Presented by Approved as to form by
Robert Powell
Deputy city Manager
J, \attorney\reso\solid waste. delinquency
-..-...-.-..--..-.. ...-.-......----.
/1e1n -#/$
Home Residence 1489 Oleander Ave
ChulaVistaCa,91911
July 23, 2001
FinanceDepartment
Account94982
276FourthAve
Chula Vista CA 91910-2631
Dear Sir or Madam:
I dispute the correctness and lor accuracy of your records related to this "Delinquent Solid Waste
Service Charges". I received from your office stating a pursuant to levy a lien against my residence in
the city of Chula Vista. I am contesting this suit brought against me and my residence. I had purchased
this home in May of 1996. Waste service was provided to me soon after obtaining my residence for a
period of only about (1) year. Fee's were charged and paid on a per month basis as agreed.
Soon after my waste service was not being picked up by the waste service management truck. I made
several complaints to the waste service company. I had made my own provisions with a local nearby
waste facility land fill. I paid $20.00 per delivery. Since then I have been taken my waste to this land fill
when needed. I was not informed by the district of Chula Vista that I was under an obligation to pay
without having service provided to my residence. I was informed by your letter that an amount of
$437.82 is due. I have several witnesses and resident owners that know my waste is delivered to a
waste fill land and that the waste service you provide does not stop at my residence to pick up any
waste. I herby request that you reinvestigate and record the current status of the disputed above.
I expect to hear back from your office concering this matter to clear my records and waive any charges
concerning the lien to my home in a timely manner.
Thank you for your effort in this matter.
Sincerely,
Anthony & Laura Anderson
Resident Owner
COUNCIL AGENDA STATEMENT
Item: 1'1
Meeting Date: 7/24/01
ITEM TITLE: Public Hearing: Tentative Subdivision Map PCS-Ol-07, to develop twelve
lots for single-family homes, at the southern terminus of Cedar Avenue -
Applicant: TNT.
Resolution: of the Chula Vista City Council granting approval and
imposing conditions for the Cedar Park tentative subdivision map, a 2.43-
acre twelve-lot subdivision for single-family dwellings units located at the
southern terminus of Cedar Avenue, Chula Vista Tract No. 01-07.
SUBMITTED BY: Director ofPlanni:g and BUilding~t
REVIEWED BY: ' {;t ~ (4/Sths Vote: Yes_No K>
City Manager {è:J Developer requests approval for a twelve-lot subdivision known as Cedar Park, a southern extension
of Cedar Avenue. The project site is located in an existing single-family residential (R-l- 7) zone,
with a Montgomery Specific Plan Land Use Designation of Low/Medium Density Residential (6-
II dwelling units per acre), and a General Plan Land Use Designation of Low Medium Residential
(6 - II dwelling units per acre).
The Environmental Review Coordinator posted notice of a Mitigated Negative Declaration (MND)
on May 8, 2001.
RECOMMENDATION: That the City Council adopt the Mitigated Negative Declaration and
approve the attached resolution to approve the Cedar Park Tentative Subdivision Map.
BOARDS/COMMISSIONS RECOMMENDATION: On June 27, 2001 the Planning
Commission voted (7-0) to adopt Resolution PCS-O 1-07 recommending that the City Council adopt
the Mitigated Negative Declaration and approve the Cedar Park Tentative Subdivision Map.
On May 14,2001 the Resource Conservation Commission determined the Initial Study was adequate
and recommended adoption of a Mitigated Negative Declaration.
DISCUSSION:
Site Characteristics
The site is a vacant 2.43-acre L-shaped parcel at the terminus of Cedar A venue, south of L Street,
between Fifth A venue and Broadway. A wood-framed storage shed and a wood-framed greenhouse
were recently removed from the grass and dirt site, which was formerly a plant nursery.
-- --_. -----.-.- --- . .--..-- ------_...-----
Page ~ Item: /'1
Meeting Date: 7/24/01
Chain link and wooden fencing surrounds the property, which was previously graded, and ranges
from 66.7 feet above mean sea level (AMSL) at the eastern property boundary to 61.2 feet AMSL at
the western property boundary.
The surrounding area is fully developed and existing back or side yards of single-family homes will
abut the new subdivision. The existing homes front L Street to the north, Arizona Street to the south,
Beech Avenue to the west, and Fifth Avenue to the east.
General Plan, Zoning and Land Use
General Plan Zoning Current Land Use
Site: Low Medium Residential R-l Vacant Undeveloped Land
North: Low Medium Residential R-l Single Family Residential
South: Low Medium Residential R-l Single Family Residential
East: Low Medium Residential R-l Single Family Residential
West: Low Medium Residential R-l Single Family Residential
Proposal
The proposal is to develop twelve single-family residential lots, ranging from 6,000 to 8,992 sq.ft.
(averaging 7,198 sq. ft.), on 2.43 acres, for a density of 4.94 dwelling units per gross acre. Additional
fill soil (approximately 2,920-cubic yards) will be imported to level the lots on the west end ofthe
parcel (lots 1 through 3).
Six 3-bedroom and six 4-bedroom homes, ranging from 2,000 to 3,000 sq.ft. each, are proposed.
Single-story homes will be built on the larger lots, such as lots 2, 9, and 12, and two-story homes on
the other lots.
Cedar A venue, which runs south, will be extended to the east, and end in a cul-de-sac. Curb, gutter
and sidewalk will be installed along both the existing and the new portion of Cedar Avenue. Street
trees will be planted in a 5.5-foot-wide easement that will be dedicated to the city along the new
portion of Cedar A venue. Other improvements will include public utilities, such as water and sewer,
and drainage facilities.
Analysis
The applicable R-I-7 standards require a subdivision to provide a minimum of 7,000 sq.ft. per lot,
but allow up to 10 percent to be reduced to a minimum of 5,000 sq.ft., and 20 percent to be reduced
to a minimum of 6,000 sq.ft., as long as the total average of all lots is at least 7,000 sq.ft. The
average lot size in this subdivision is 7,198 sq.ft., and two lots (less than 20 percent) are 6,000 sq. ft.
The standards also require the lots to have a minimum frontage width of 60 feet, unless the lots are
panhandle, on a cul-de-sac, or have been approved by the Planning Commission or City Council.
Lots 5 and 6 are the only lots that meet the 60-foot minimum width requirement.
- ,------------ ----- ..---
Page:1 Item: ILJ
Meeting Date: 7/24/01
Two lots (2 and 12) are panhandle, and meet the minimum frontage width requirement of 15 feet, in
accordance with the city's Subdivision Manual. And, approximately 25 feet (the rear yard) of Lot
12, which is I 45-feet-long, is below the 60-footminimum width requirement. Five lots (3, 7, 8, 9, &
10) are on a cul-de-sac or knuckle, and meet the minimum width requirement of 35 feet, in
accordance with the city's Subdivision Manual. Near the eastern edge of Lot 3, a l5-foot-wide
sewer easement runs from the street to the rear property line; however, the width of the lot is
adequate to build on without encroaching upon the easement.
The remaining three lots (I, 4 and II) fall slightly short of the minimum width requirements. Lot I
is on a knuckle and is 33.27 feet wide, 1.73 feet short of the 35-foot requirement. Lot 4 is 57.76 feet,
2.24 feet short of the 60-foot requirement. And lot II is 50.17 feet, 9.83 feet short of the 60-foot
requirement. These lots, and Lot 12, require approval by the Planning Commission or City Council,
per Section 19.24.110 of the city's Municipal Code.
The panhandle lots are subject to special requirements (Section 19.22.150 of the Municipal Code),
including, but not limited to, providing one guest parking space, and erecting a five-foot high fence
on each side of the driveway, behind the front setback and on those property lines abutting adjoining
properties.
Various types of fencing currently surround the proposed subdivision. The applicant intends to
replace any fencing in need of repair, and to erect new fencing between each of the newly created
lots. However, Sandra Frankson, 548 Arizona Street, an adjacent landowner whose backyard
property line is shared with the southern edge of the proposed subdivision, submitted a letter
(Attachment 3), dated June 15, 200 I, to Planning staff expressing concern that the developer is not
required to "put a wall around these 12 new homes." The Planning Commission discussed Ms.
Frankson's concern, and decided that replacing any fencing in need of repair would be sufficient.
Some of the lots in the proposed subdivision are oddly shaped. Therefore, prior to issuance of
grading permits, definition of building envelopes will be required on each of the lots to ensure that
all required setbacks can be met.
CONCLUSION:
The Cedar Park tentative subdivision will be an appropriate and positive use of the property in the R-
1- 7 zone, based on the required subdivision map findings and subject to the conditions of approval
noted in the attached draft City Council Resolution.
The development will create lots considerably larger than what is predominately available in eastern
Chula Vista, and will provide needed new single-family housing opportunities for potential
homeowners seeking to live closer to long established shopping areas, schools, parks, libraries, and
job centers.
---------------- ----.---
Page 4 Item: Jil
Meeting Date: 7/24/01
FISCAL IMP ACT: The developer will pay all processing fees.
Attachments
I. Locator Map
2. Minutes from 6/27/01 Planning Commission
3. Letter from Sandra Frankson
4. Mitigated Negative Declaration
5. Disclosure Statement
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CH ULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT, TNT Services Inc. PROJ"CTOESCRIPllON:
C) APPLICANT, SUBDIVISION
PROJECT Cedar Avenue and L Street ' .
ADDRESS: Request: Proposal for a 12 10, t single family detach"d
subdivision with 2 car garages in the R1 zone.
SCALE: I FILE NUMBER: Ii / S
NORTH No Scale PCS - 01 - 07 Related Case: 15-01-040 7~
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.ATTACI-IME/J-r 2
Planning Commission Minutes - 2 . June 27, 2001
1, Public Hearing: Tentative Subdivison Map PCS-O1-07, to develop twelve lots for single-
family homes at the southern terminus of Cedar Avenue. Applicant TNT
Services.
Background: Kim Vander Bie, Associate Planner reported thatthe projected proposes to develop
12 single family residential lots ranging from 6,000 to 8,992 sf on 2.43 acres. The site was
formerly a nursery is a 2.43 acre L-shaped parcel on the terminus of Cedar Avenue, south of L
Street between Fifth Avenue and Broadway. Chain link and wooden fencing surrounds the
property, which abuts rear or side yards of existing single family homes. Additional fill soil will
be imported to level the lots on the west end (lots 1 through 3). Six 3 bedroom and six 4
bedroom homes ranging from 2,000 to 3,000 sf each are proposed, and will be single and two
story homes.
Cedar Avenue, which runs south will be extended to the east and end in a cul-de-sac. Curb,
gutter and sidewalk will be install both on the existing and new portion of Cedar Avenue and
street trees will be planted on a 5.5 foot wide easement that will be dedicated to the City along
the new portion of Cedar Improvements. Other improvements will include public utilities such
as water, sewer, and drainage facilities.
The panhandle lots are subject to special requirements including, but not limited to, providing
one guest parking space, and erecting a five-foot high fence on each side of the driveway, behind
the front setback and on those property lines abutting adjoining properties.
Ms. Vander Bie stated that a letter was received from Sandra Frankson of 548 Arizona Street,
where she expresses concern that the developer is not required to put fencing around the entire
subdivision.
Staff recommendation: That the Planning Commission adopt Resolution PCS-01-0?
recommending adoption of the Mitigated Negative Declaration and approve the Cedar Park
Subdivision Map, subject to the conditions of approval, including the mitigation monitoring and
reporting program measures.
Commission Discussion:
Chair Thomas asked for clarification on why there area exceptions being made for this project as
it relates to the Subdivision Manual requirements.
Mr. Sandoval stated that there is some latitude for the City to make some discretionary allowances
in an attempt to create a better situation on unique properties. Generally, if there is flat bare
land with no peculiarities in the property dimension shapes, then all of the standards are applied
straight forward.
Commissioner Castaneda asked if there are any measures in the design element to blend this
development with the existing older neighborhood.
/
- _._----,,-------- --'---'---"--
Planning Commission Minutes - 3 - June 27, 2001
Public Hearing Opened 6:35
Jeffrey Bender representing TNT Services addressed the blending of this project with the existing
neighborhood. He stated that the homes along Arizona Street are newer and some of the houses
have tile roofs, while other have shingle roofs. The majority of the homes are single story
houses. The proposed development will have stucco-finished homes, consistent with the
surrounding neighborhood and the colors will be light earth tones.
Mr. Bender further stated that he has spoken to a few of the surrounding neighbors who are
pleased that the property is finally being developed with new homes that will in turn raise the
property values of their homes.
Commissioner Hall asked what the price range would be for these homes. Additionally, he
asked if the applicant planned to have a community briefing informing them of what they could
expect in terms of construction schedule.
Mr. Bender stated that the price range would be approximately $269,000 to $279,000. He
further stated that the project is served from Cedar Avenue, which has 6 families that he has kept
in contact with.
Public hearing closed 6:50.
MSC (Willett/Hall) (7-0) that the Planning Commission adopt Resolution PCS-01-07
recommending adoption of the Mitigated Negative Declaration and approve the Cedar Park
Subdivision Map, subject to the conditions of approval, including the mitigation monitoring
and reporting program measures. Motion carried.
jLl/7
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Mitigated Negative Declaration
PROJECT NAME: CEDAR PARK SUBDIVISION
PROJECT LOCATION: Terminus of Cedar Avenue, South of"L" Stree1
ASSESSOR'S PARCEL NO.: 618-061-23
PROJECT APPLICANT: Jeffrey Bender
CASE NO.: IS-Ol-040
DATE: May 8, 2001
A. Project Setting
The 2.43-acre projec1 site is a rectangular shaped parcel located at the 1erminus of Cedar
Avenue, South of "L" Street, between 5th Avenue and Broadway (see Exhibit A -Loca10r
Map). The site is currently unoccupied and contains one wood-framed storage shed, and a
wood-fTamed greenhouse. Chain link and wooden fencing surrounds 1he propeI1y. The
sUITOunding area is fulJy developed with the folJowing uses:
NoI1h Single- family residential;
East Single-family residential;
West Single-family residential; and
South Single-family residential.
The site is gently sloping and contains non-native plant material. No listed plant or animal
species is known to occupy the site or surrounding area. The site has been previously graded
and no cultural or paleontological resources are known to be present.
B. Project Descrip¡jon
The proposed project is a 12-lot subdivision with a minimum lot size of 7,000 sq.ft. (Exhibit
B - Tentative Map); however, the Zoning Ordinance allows for 20% of the lots to have a
minimum 101 size of 6,000 sq.ft. The proposed lot sizes range from a minimum of 6,000
sq.ft. to a maximum of 8,992 sq.ft. The average lot size is 7,198 sq.ft. and the proposed
density is 4.94 dulgross acre. Six 3-bedroom and six 4-bedroom single-family residences,
ranging in size from 2,000 to 3,000 sq. ft. are proposed. The size of the dwelling units would
exceed code requirements and a maximum height of27 feet is proposed.
Development of the site requires the importation 2,920 cu.yds. offill material to create level
building pads. Streets, sewer, storm drainage, water, and other public utilities would be
provided to each lot.
I /1/-- 05/08/0 I
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C HULA VISTA PLANNING AND BUilDING DEPARTMENT
LOCATOR Ä~~~,~~k TNT Services Inc. PROJECT DESCRIPTION:
C) INITIAL STUDY
PROJECT Cedar Avenue and L Street Request Proposal for a 12 lot single family detached
ADDRESS:
subdivision with 2 car garages in the R 1 zone.
SCALE: -I FILE NUMBER:
NORTH No Scale IS - 01 - 040 Related Case: PCS-O1-07
h:lhome\planninglcarlos\locatorslis01 040.cdr 03.01.01 ILl-II eV.l. 8""" Å.
,,---..--------.. ---'---
C. Compliance with Zoning and Plans
The proposed subdivision is consisten1 with 1he R- J - 7 (Single-family Residen1ial) zoning
designation, wruch requires a minimum lot size of 7,000 sq.ft. The proposed project IS also
consis1ent with 1he LM (Low Medium Residential) General Plan designalion (3-6 du/gross
ac.), and the City's enviromnental pJans and policies. The project is located in the
Montgomery Specific Planning Area, which designates the site as Low-Medium Residential
(3-6 du/ac). The proposed dwelling units are in compliance with the Municipal Code and are
subject to review and approval by 1he Design Review Committee.
D. Public Comments
On March 13, 2001 a Notice of Initial Study was circulated 10 property owners with a 500-
fool radius of1he proposed projec1 site. The public review period ended March 23, 2001. No
\",ritten commen1s were received.
E. Identification of EnviromnentaJ Effects
An Initial Study conducted by the City of Chula Vista (including an attached Environmental
Checklist form) determined that although the proposed project couJd have a significant
environmental effect, there will not be a significant effect in 1his case because miligation
measures described in Section F beJow have been added to the project. The preparation of an
Environmental Impact Report will not be required. This Mitigated Negative Declaration has
been prepared in accordance with Section 15070 of the State CEQA Guidelines.
1. Air Qualitv
Construction-Related Impacts
The proposed project could generate sufficient emissions and dust during construction-
related activilies to result in a short-term significant, but mitigable, impact to air
quality. During the construction phase of the project, short-term emissions of several
types of air pollutants could occur. Dust could be generated by grading, and the
combustion of fossil fuels by construction equipment could create emissions. Fugitive
dust could also be created due to clearing, earth movement, and travel on unpaved
surfaces. Although air quality impacts resulting from construction related emissions are
potentially significant, they are considered short-term in duration since construction is a
relatively short-term, on-time activity.
Dust control during grading operations would be regulated in accordance with the rules
and regulations of the San Diego Air Pollution Control District (APCD). During
construction of the project, the project will be subject to miligation measures outlined
below in Section F.
2 05/08/0 I
,.---,.-,..., "---'-' _._--
2. \Vater
Drainage Patterns and Surface Runoff
The proposed project will be construc1ed on fill with a maximum slope height of 1hree
feet; thus the building pads will be higher than the existing topography. The proposed
grading of the site would result in runoff from the basin discharging into the storm drain
at the intersection of Cedar Avenue and "L" Street (identified as PT #1 in the Drainage
Study). As a result of the proposed development, the runoff at PT #1 will increase by
1.57-cfs (20%).
F. Mitigation Necessary to Avoid Significant Impacts
Project-specific mitigation measures are required to reduce potential environmental impacts
identified in the Initial Study to a less than significant level. The mitigation measures will be
made a condition of approval, as well as requirements of the attached Mitigation Monitoring
Program (Attachment "A").
AlR QUALITY
Construction Related Impacts
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust
control agents during dust-generating activities to reduce dust emissions. Additional
watering or dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and
spills.
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall
be enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to
reduce re-suspension of particulate matter caused by vehicle movement. Approach routes
to construction sites shall be cleaned daily of construction-related dirt in dry weather.
5. On-site stockpiles of excavated material shall be covered or watered.
6. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible
and as directed by the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems for
emissions control shall be utilized during grading and construction activities. Catalytic
reduction for gasoline-powered equipment shall be used. Also, construction equipment
shall be equipped with prechamber diesel engines (or equivalent) together with proper
maintenance and operation to reduce emissions of nitrogen oxide, to the extent available
and feasible.
3 /1/-/3 05/08/01
- -------... on_' .... . ""'---'--' ._-
\YATER
Draina!!e Patterns and Surface Runoff
1. On-site and off-site drainage facilities and improvements to Cedar A venue shall be
constructed as required by the City approved grading/improvement plans.
measures required as stated in this Section (F) of 1his
S~jì
Die
G. Consultation
1. City of Chula Vista:
Marilyn R.F. Ponseggi, Planning Division
Edalia Olivo-Gomez, Planning Division
Doug Perry, Fire Marsha]]
Samir Nuhai]y, Engineering Department
Bever])' BJessent, P]anning Division
Ralph Leyva, Engineering Department
MJ. Donne]])', Engineering Department
Applicant's Agent:
Jeffery Bender
2. Documents
Chu]a Vista General Plan (1989) and EIR (1989)
TitJe 19, ChuJa Vista Municipal Code, September 1997
3. Initial Studv
This environmenta] determination is based on the attached Initial Study, any comments
received on the Initial Study and any comments received during the public review period
for this negative declaration. The report reflects the independent judgement of the City
of ChuJa Vista. Further information regarding the environmental review of this projec1 is
available from the Chu1a Vista Planning Department, 276 Fourth Avenue, Chula Vista,
CA 91910.
21~0~! tP ~ ~. Date: 51,!!)/
, I
Environmental Review Coordinator
4 /1-/f 05/08/01
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ATTACHME:\'T "A"
MITIGATION MONITORING REPORTING PROGRAM (MMRP)
Cedar Park Subdivision, 1S-01-040
This Mitigation Monitoring Program is prepared for the City of Chula Vista in conjunction with
the proposed Cedar Park Subdivision project (15-01-040). The proposed project has been
evaJuated in an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance
wi1h 1he California Environmental Quality Act (CEQA) and City/State CEQA guidelines. The
1egislalion requires public agencies to ensure that adequate mitigation measures are impJemented
and monitored on Mitigated Negative Declarations, such as IS-Ol-O40.
AB 31 SO requires monitoring of potentially significant and/or significant environmental impacts.
The Mitigation Monitoring Program for this project ensures adequate implementation of
mitigation for the following potential impac1s(s):
1. Air Qua1ity.
2. Water.
MONITORING PROGR<\M
Due to the nature of the environmental issues identified, the Mitigation Compliance Coordinator
shall be the Environmental Review Coordinator for the City of Chula Vista. It shall be the
responsibility of the applicant to ensure that the conditions of the Mitigation Monitoring
Reponing Program are met to the satisfaction of the Environmental Review Coordinator.
Evidence in written form confirming compliance with the mitigation measures specified in
MNDIIS-OI-040 shall be provided by the applicant to the Environmental Review Coordina10r.
The Environmental Review Coordinator will thus provide the ultimate verification that 1he
mitigation measures have been accomplished.
Table 1, Mitigation Monitoring and Reporting Checklist, lists the mitigation measures listed in
Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative
Declaration, which will be implemented as part of the project. In order to determine if the
applicant has implemented the measure, the method and timing of verification are identified,
along \\~th the City department or agency responsible for morutoringlverifying that the applicant
has completed each mitigation measure. Space for the signatitre of the verifYing person and the
date of inspection is provided in the last column.
(H,lhomelplanningledaliaIIS-OJ-O8 MMRP text.doc) I
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Case No.IS-OI-O40
E1\'VIRONMENT AL CHECKLIST FORM
1. Name of Proponent: TNT Services, Inc,
2, Lead Agency Name and Address: City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 91910
3. Address and Phone Number of Proponent: 830 11th Stree1
Imperial Beach, CA 91932
(619) 429-5651
4. Name of Proposal: Cedar Park Subdivision (pCS-OI-O7)
5. Date of Cbecklist: May 8, 2001
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1. LAND USE AND PLAN1\'ING. Would [he
proposal:
a) Conflict with general plan designation or zoning? 0 0 0 ø
b) Conflict with applicable environmen1al plans or 0 0 0 ø
policies adopted by agencies with jurisdiction
over the project?
c) Affect agricultural resources or operations (e,g., 0 0 0 ø
impacts to soils or farmlands, or impacts from
incompatible land uses)?
d) Disrupt or divide the physical arrangement of an 0 0 0 ø
established community (including a low-income
or minority community)?
Comments: The proposed 12-lot subdivision is consistent with the R-l (Single-family Residential) zoning
designation, LM (Low Medium Residential) General Plan designation, and the City's environmental plans
and policies. The project is also located in the Montgomery Specific Planning Area, which designates the
site as Low-Medium Residential (3-6 du/ac) ,
The site is an irregular-shaped parcel (APN 618-061-23) encompassing 2.43 acres, The site is currently
unoccupied and contains one wood-framed storage shed, and a wood-framed greenhouse. Chain link and
wooden fencing sUITOunds the property. The site was previously graded and used for agricultural purposes
and as a plant nursery, The surrounding area is fully developed with urban uses. The proposed
subdivision would not change the physical arrangement of the community.
Mitigation: No mitigation is required.
11. POPULATION AND HOUSING. Would the
proposal:
a) Cumulatively exceed official regional or local 0 0 0 ø
population projections?
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b) Induce substantial growth in an area either 0 0 0 ø
directly or indirectly (e.g., through projects in an
undeveloped area or extension of major
infrastrucrure)?
c) Displace existing housing, especially affordable 0 0 0 ø
housing?
Comments: The project is an infill developmen1 suTTounded by existing residential development and
does not involve an extension of pubJic faciJities that would induce substantial gro\\1h. No existing
housing units would be displaced. Development of 12 single-family units is consistent with the General
Plan and would not exceed the regional or local population projections.
Mitigation: No mitigation is required
III. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a) Unstable earth conditions or changes in geologic 0 0 0 ø
substrucrures?
b) Disruptions, displacements, compaction or 0 0 ø 0
overcovering of the soil?
c) Change in topography or ground surface reJief 0 0 ø 0
fearures?
d) The destruction, covering or modification of any 0 0 0 ø
unique geologic or physical fearures?
e) Any increase in wind or water erosion of soils, 0 0 0 ø
either on or off the site?
f) Changes in deposition or erosion of beach sands, 0 0 0 ø
or changes in siltation, deposition or erosion
which may modify the channel of a river or
stream or the bed of the ocean or any bay inlet
or lake?
g) Exposure of people or property to geologic 'o 0 0 ø
hazards such as earthquakes, landslides, mud
slides, ground failure, or similar hazards?
Comments: The site is essentially level, ranging from 66.7 feet above mean sea level (AMSL) at the
eastern property boundary to 61.2 feet AMSL at the western property boundary. The site was previously
graded and would be regraded by importing 2,920 cu.yds. of earth to elevate the western portion of the site
so as to provide adequate drainage to the extension of Cedar A venue. No erosion or sedimenta1ion
impacts are anticipated to result from grading of the site because: (I) Best Management Practices (BMPs)
are required to be implemented during and after construction; and (2) the maximum height of the fin slope
is three feet. Best Management Practices include benns, hay bales, silt fences, dikes, and shoring, and
protective devices at every storm drain inlet to prevent sediment from en1ering the storm drain system.
Finish grading and planting win be accompJished prior to October I, or immediately upon completion of
any slopes graded between October 1 and April 1.
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The Engineering Department, as a standard requirement of grading permit approvaJ, requires that a
geotechnicaJ/soils study be prepared and that the rep°r1's recommendations be incorporated into the fmal
grading pJan. AU grading operations win be performed in compliance with the City of Chula Vista
Grading Ordinance (Ordinance 1797, as amended).
Potential long-term erosion impacts would be avoided through the planting and irrigation of slopes as
required by the Chula Vista Landscape Manual and Grading Ordinance 1797, as amended by Ordinance
J877. Landscaping win be instaUed as shown on the Conceptual Landscape Plan as approved by the City
Landscape Architect.
The site is not within a mapped Ear1hquake Fault Zone; the Rose Canyon Fault Zone is approximately 21
miles to the nOr1h, and 1he La Nacion ear1hquake fauJt is approxima1ely three mi]es to the east.
Compliance with the Uniform Bui]ding Code requirements would reduce potential geologic impacts to a
Jess than significant leve1. No significant geophysical effects would result from construction of the
subdivision.
Mitigation: No mitigation measures are required.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage panerns, P 181 0 0
or the rate and amoum of surface runoff?
b) Exposure of people or property to water related 0 0 0 181
hazards such as flooding or tidal waves?
c) Discharge into surface waters or other alteration 0 0 0 t;J
of surface water quality (e.g., temperature.
dissolved oxygen or turbidity)?
d) Changes in the amoum of surface water in any 0 0 0 t;J
water body?
e) Changes in currents, or the course of direction of 0 0 0 t;J
water movements, in either marine or fresh
waters?
f) Change in the quantity of ground waters, either 0 0 0 t;J
lhrough direct additions or wilhdrawals, or
through interception of an aquifer by cuts or
excavations?
g) Altered direction or rate of flow of groundwater? 0 0 0 t;J
h) Impacts to groundwater quality? 0 0 0 t;J
i) Alterations to the course or flow of flood waters? 0 0 0 t;J
j) Substantial reduction in the amount of water 0 0 0 t;J
otherwise available for public water supplies?
Comments: The project site is not located within a mapped floodplain. CUlTently, Cedar Avenue between
"L" Street and the project site is not fuJly improved. Existing surface run-off from the site includes
drainage from areas to the south and east. The site is lower than the surrounding properties and has no
outlet for drainage. A "Drainage Study" prepared by DGB Survey & Mapping (1/9/01) for the proposed
3 5/8/01
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project repons that under existing conditions the runoff from the site during a 50-year storm is 3.17 cubic
feet per second (cfs). The proposed development would increase the runoff from the site to 4.74-cfs (an
increase of 1.57 cfs). Existing runoff from the entire 5.36-acre drainage basin is 8.24-cfs and the post-
development runoff would be 9.8!-cfs (an increase of 1.57 cfs).
The proposed project will be constructed on fill with a maximum slope height of three feet; thus 1he
building pads will be higher than the existing topography. The proposed grading of the site would result
in runoff from the basin discharging into the storm drain at the intersection of Cedar Avenue and "L"
Street (identified as PT #1 in the Drainage Study). The proposed deve1opment could result in a significant
impact to the runoff at PT#! that will increase by 1.57-cfs (20%). The Engineering Division repons there
is an existing slorm drain inlet located at the southeast comer of Cedar Avenue and "L" Street Runoff
will be adequately handled via the proposed surface drainage facilities without the need for an on-site
detention facility. The Engineering Division repons that the Drainage Study has been adequately prepared
for the purposes of a preliminary review. A final complete review will be completed when final grading
and drainage plans for the subdivision are submitted.
The Engineering Di\ision repons that the 20% increase in runoff indicated in the Drainage Study should
not affect local drainage facilities as long as the full street improvements on Cedar Avenue are constructed
nonh to "L" Street. Off-site improvements will be required to convey the site runoff from Cedar Avenue
10 "L" Street. The projec1 proposes to improve the existing Cedar A venue between the site and "L" Street
with curbs, gutters and sidewalks. A standard Engineering Department condition of approval requires
drainage improvements to be included on the first submittal of grading/improvement plans that identifies
the method to be used to convey on-site surface water.
A National Pollutant Discharge Elimination Sys1em (NPDES) General Permit is not required for storm
water discharges associated with the project because the project will result in soils disturbance oness than
five acres. A Storm Water Pollution Plan (SWPP) is not required by Chula Vista Municipal Code (Section
14.20); however, the code requires the implemen1ation of Best Management Practices to prevent pollution
of slorm drain facilities during and afler construction.
Development of the site would not impact groundwater quality or alter the quantity of ground waters. No
adverse impacts to water resources have been identified.
Mitigation: Mitigation measures listed in Section XIX would reduce impacts to a less than significant
level.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or contribute to 0 IiiI 0 0
an existing or projected air quality violation?
b) Expose sensilive receptors to pollutants? 0 0 0 IiiI
c) Alter air movement. moisture, or temperarure, or 0 0 0 IiiI
cause any change in climate, either locally or
regionally?
d) Create objectionable odors? 0 0 0 IiiI
e) Crea1e a substanlial increase in stationary or non- 0 0 0 IiiI
stationary sources of air emissions or the
deterioration of ambient air quality?
Comments: The proposed project would generate sufficient emissions and dust during construction-
4 5/8/01
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related aclivities to result in a short-tem significant, but mitìgable, impacts to air quality. During
cons1ruclion, dust generated by grading and the combustion of fossil fuels by construction equipment
would create emissions. Fugitive dus1 would also be created as a result of clearing, earth movement, and
travel on unpaved surfaces. Although air quality impacts resulting from construction related emissions are
potentially significant, they are considered short-tem in duration since construction is a rdatively short-
tem, one-time activity. Dust control during grading operations would be regulated in accordance with the
rules and regulations ofthe San Diego Air Pollulion Control District (APCD). During construction of the
project, the project will be subject to mitigation measures outlined below in Section XIX.
The proposed 12-unit subdivision is consistent with the City's General Plan and.Regional Air Quality
forecasts and would not substantially affect regional air quality. The project would generate an additional
120 average daily trips. The project would not alter air movements, humidity, or climatic temperature.
The use and occupancy of the site as single-family residential development would not create objeclionable
odors or expose sensitive receptors to pollutants.
Mitigation: Mitigation measures lis1ed in Seclion XIX would reduce impac1s to a less than significant
leve1.
VI. TRANSPORT A TION/CIRCULA TION. Would
¡he proposal resulr in:
a) Increased vehicle trips or traffic congestion? 0 0 0 0
b) Hazards to safety from design featUres (e.g., 0 0 0 0
sharp curves or dangerous intersecrions) or
incomparible uses (e.g., fam equipmen1)?
c) Inadequate emergency access or access to nearby 0 0 0 0
uses?
d) Insufficient parking capacity on-site or off-site? 0 0 0 0
e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 0
f) ConflictS with adopted policies supporting 0 0 0 0
alternarive transportarion (e.g. bus tUrnouts,
bicycle racks)?
g) Rail, walerborne or air traffic impacts? 0 0 0 0
h) A "large project" under the Congestion 'o 0 0 0
Management Program? (An equivalent of 2400
or more average daily vehicle trips or 200 or
more peak-hour vehicle trips.)
Comments: The City Engineering Division estimated that an additional 120 trips per day (ADT) would
result !Tom the residential projec1; the trip generation rate per unit is 10 trips per day. The additional 120
ADT would not change the LOS on "L" Street. The existing and project traffic volume on "L" S1Teet
would not exceed the city's Level of Service (LOS) design volume of LOS C. The proposed 12- unit
residential projec1 would have a minimal effect on 1Taffic patterns and volumes on the adjacent s1Teets.
The City Engineering Department review of the site plan concluded that the proposed on-site circulation is
adequate. The projec1 would be required to install a curb, gutter and sidewalk along Cedar Avenue per
City engineering standards. Twenty-four on-si1e enclosed parking spaces (two per unit) are shown on the
5 /;f';J~ 5/8/01
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Tentative Map as required by the Zoning Ordinance parking. No hazards or barriers for pedestrians or
bicyclists would be created by the proposed sing1e-family project. No significant traffic related impacts
would result.
Mitigation: No mitigation measures are required.
VII. BIOLOGICAL RESOURCES. Wouki the proposal
result in impacts to:
a) Endangered, sensitive species, species of concern 0 D. 0 t!I
or species that are candid ales for listing?
b) Locally designated species (e.g., heritage trees)? 0 0 0 t!I
c) Locally designated natural communities (e.g., 0 0 0 t!I
oak fores1, coastal habitat, etc.)?
d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 t!I
pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 t!I
t) Affect regional habitat preservation planning 0 0 0 t!I
effonso
Comments: The lA-acre sÍ1e is ]oca1ed in an urbanized area and has been disturbed by previous
agricultural and plan1 nursery activÍ1ies. Non-native weedy plants are scattered across the sÍ1e. No lis1ed
plant or animal species are present. No significant biological impacts would resuJt.
Mitigation: No mitigation measures are required.
VIII. ENERGY AI\'D MINERAL RESOURCES. Would
the proposal:
a) Conflict with adopted energy conservation plans? 0 0 0 t!I
b) Use non-renewable resources in a wasteful and 0 0 0 t!I
inefficien1 manner?
c) If the site is designated for mineral resource 0 0 0 t!I
protection, will this project impact this
protection?
Comments: The proposed project does not conflict with the recently adopted CO2 Reduction Plan. The
CO2 Reduction Plan encourages infill housing. The infill project will provide 12 housing opportunities
for large families. The current use of the land provides no housing opportunities. The project proponent
will provide curb, gutter, and sidewalk along the Cedar A venue that will aid pedestrian circulation in the
project area.
The proposed project is subject to compliance wÍ1h Energy Requirements of the Uniform Building Code
and therefore, should not resuJt in the use of non-renewable resources in a wasteful and inefficient
manner. The project is not located in an area designated for mineral resource protection as defined in the
City's General Plan.
Mitigation: No mitigation measures are required.
6 5/8/01
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IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of 0 0 0 0
hazardous substances (including. but not limited
to: petroleum products, pes1icides, chemicals or
radiation)?
b) Possible interference with an emergency 0 0 0 0
response plan or emergency evacuation plan?
c) The creation of any health hazard or potential 0 0 0 0
health hazard?
d) Exposure of people to existing sources of 0 0 0 0
po1ential health hazards?
e) Increased fire hazard in areas with flammable 0 0 0 0
brush, grass, or trees?
Comments: The site was formerly used for agriculture and as a plan1 nursery. A Phase 1 Environmental
Assessment concluded that the property has not been significantly affected by environmental
contamination. Soil sample tests confirm that chemica] concenlrations are well below Environmental
Pro1ection Agency (EPA) action levels. The County of San Diego Depanrnent of Environmental Hea1th
has detennined 1hat the site does not pose a risk 10 human hea1th.
Hazardous materials would not be used in the residential development. There are no known potential
health hazards in 1he vicinity of the project site. The project would not interfere with emergency response
plans. The General Plan Public Safety Element designates "L" Slreet as an Evacuation Route. No
significant hazard impacts would result from construction and occupancy ofthe residential project.
Mitigation: No mitigation measures are required.
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? 0 0 0 t8
b) Exposure of people to severe noise levels? 0 0 0 t8
Comments: Noise impacts could occur during the construction period; however, these noise are
considered to be less than significant due to their short-tenn nature and the intermittent periods of noise
generation. Grading operations would occur between 7:00 a.m. añd 5:00 p.m. Monday through Friday.
Construction noise is exempt from the provisions of the Çity noise ordinance (see Municipal Code section
19.68.060). Consequently, noise associated with construction and grading would be regulated by
conditions included in the approved grading penni!.
The 12-unit residential project and associated lraffic would not result in a measurable increase in noise.
There are no noise generators in the vicinity of the project. No significant long-tenn impacts would result
from occupancy of the project.
Mitigation: No mitigation measures are required.
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
7 5/8/01
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a) Fire prOtecrion? 0 0 0 ~
b) Police protection? 0 0 0 ~
c) Schools? 0 0 ~ 0
d) Maintenance of public facilities, including roads? 0 0 0 ~
e) Other governmental services? 0 0 0 ~
Comments: The City Fire Marshall reported that the project would not result in an impact to fire services.
The Police Department reported that the project would not impact police services. As a standard
recommendation, the applicant is encouraged to incorporate "defensible space" design elements into the
project to potentially minimize the need for police protection to 1he project site. School fees would be
paid at the building permit stage in accord with provisions of state law. The Chula Vista Elementary
School District recommends annexation of the project site to the District's Community Facilities District
(CFD) No. ] 0 in lieu of school fees. The Sweetwa1er Union High School District also recommends
annexation of the project site to the District's Community Facilities District. However, under State Law
the payment of school fees reduces impacts to school facilities to a level below significance. No new or
altered public facilities or other governmental services would be required for the project.
Mitigation: No mitigation measures are required.
XII. Thresholds. Will the proposal adversely impact the 0 0 0 ~
City's 17¡reshold Standards'
As described below, the proposed project does not significanlly impact any of the seven
Threshold Standards.
a) Fire/EMS 0 0 0 ~
The Threshold Standards requires that fire and medical units must be able 10 respond to calls
within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the
cases. The City of Chula Vista has indicated that this threshold standard wìll be met, since
the nearest fire station is one-half mile away and would be associated with a two -minUte
response time.
Comments: The fzre/EMS threshold would be met as reported by the Fire Department.
Mitigation: No mitigation measures are required.
b) Police 0 0 0 I!II
The Threshold Standards require that police units must respond to 84 % of Priority 1 calls
within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5
minUtes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or
less and maintain an average response time to all Priority 2 calls of 7 minutes or less.
Comments: The police threshold would be met as reported by the Police Department.
Mitigation: No mitigation measures are required.
c) Traffic 0 0 0 I!II
1. City-wide: Maintain LOS "C" or better as measured by observed average travel speed
on all signalized arterial segments excep1 that during peak hours a LOS of "D" can
occur for no more than any two hours of the day.
8 5/8/0]
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2. West ofI-80S: Those signalized intersections which do not meet the standard above may
continue to operate at their current 1991 LOS, but shall not worsen.
Comments: The project would generate 120 average daily trips. The Engineering Division reports that
the City LOS C standard would be met on "L" Street.
Mitigation: No mitigation measures are required.
d) Parks/Recreation 0 0 0 ø
The Threshold Standard for Parks and Recreation is 3-acres/1 ,000 pòpulation east ofI-805.
The proposed project would comply with this Threshold Standard.
Comments: The proposed project is located west ofI-80S, 1herefore, the Parks and Recreation Threshold
Standard does not apply.
Mitigation: No mitigation measures are required.
e) Drainage 0 0 0 ø
The Threshold Standards require that stonn water flows and volumes not exceed
City Engineering Standards. Individual projects will provide necessary
improvements consistent with the Drainage Master Plan(s) and City Engineering
Standards.
Comments: The Engineering Division has reviewed the Drainage Study and found that it complies with
city requirements. The Engineering DepaI1ment 'Will review final grading and improvement plans to
insure that adequate drainage improvements are provided (see Section IV above).
Mitigation: Mitigation measures listed in Section XD, would reduce impacts to a less than significant
leve1.
t) Sewer 0 0 0 ø
The Threshold Standards require that sewage flows and volumes not exceed Ciry
Engineering Standards. Individual projects will provide necessary improvements
consistent with Sewer Mas1er Plan(s) and City Engineering Standards.
Comments: The City Engineering Department has detennined that sewer facilities are adequate to serve
the project.
Mitigation: No mitigation measures are required.
g) Water 0 0 0 ø
The Threshold Standards require that adequate storage, treatment, and transmission facilities
are constructed concurrently with planned growth and those water quality standards are not
jeopardized during growth and construction.
Applicants may also be required to participate in whatever water conservation or fee off-set
program the City of Chula Vista has in effect at the time of building penni1 issuance.
Comments: The Sweetwater Au1hority has detennined that adequate water services are available to serve
the project.
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Mitigation: No mitigation measures are required.
XIII. UTILITIES AND SERVICE SYSTEMS. Would
the proposal result in a need for new systems, or
substantial alterations to the following utilities:
a) Power or natural gas? 0 0 0 ~
b) Communications systems? 0 0 0 to!
c) Local or regional water treatment or distribution 0 0 0 to!
facilities?
d) Sewer or septic tanks? 0 0 0 to!
e) Storm water drainage? 0 0 0 ~
f) Solid waste disposal? 0 0 0 to!
Comments: The Sweetwater AUthority (SW A) reports that water service is available to the site fi-om a 6-
inch main located in "L" Street Fire flow requirements have been detennined to be adequate by the Fire
Department and SWA. The proposed residential project would not require the installation of new systems
or cause alteration to existing facilities. As noted in Sections IV and XlI above, stonn water and sewer
facilities are adequate 10 serve the site. Underground electrical and telephone services would be extended
to the site from 1he nearest available power supply. The extension of services would not require new
systems to be installed, or alterations of existing utilities.
Mitigation: No mitigation measures are required.
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open 10 the 0 0 0 ~
public or will the proposal result in the creation
of an aesthetically offensive site open to public
view?
b) Cause the destruction or modification of a scenic 0 0 0 to!
route?
c) Have a demonstrable negative aesthetic effect? 0 0 0 ~
d) Create added light or glare sources that could 0 0 0 ~
increase the level of sky glow in an area or cause
this project to fail to comply with Section
19.66.100 of the Chula Vista Municipal Code,
Title 19?
e) Reduce an additional amount of spill light? 0 0 0 ~
Comments: No adverse aesthetics impacts are anticipated because the site would not obs1ruct a scenic
vista or view and the project site does not front on a scenic route. Implementation of City Code standards
would minimize ligh1 and glare produced by the design of the project. No adverse impacts have been
identified. The projec1 requires review and approval by the City's Design Review Committee.
Mitigation: No mitigation measures are required.
XV. CULTURAL RESOURCES. Would the proposal:
10 5/8/0 I
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a) Will the proposal result in the alteration of or the 0 0 0 ø
destruction or a prehistoric or historic
archaeological site?
b) Will the proposal result in adverse physical or 0 0 0 ø
aesthetic effects to a prehistoric or historic
building, structure or object?
c) Does the proposal have the potential to cause a 0 0 0 ø
physical change that would affect unique ethnic
cultural values?
d) Will the proposal restrict existing religious or 0 0 0 ø
sacred uses within the potential impact area?
e) Is the area identified on the City's General Plan 0 0 0 ø
EIR as an area of high potential for archeological
resources?
Comments: The Conservation and Open Space Element of the General Plan does not identify the project
site or surrounding vicinity as an area of potential cultural resources. There are no ]mown cultural
resources in the project area and no significant impacts would result.
Mitigation: No mitigation measures are required.
X\'I. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 ø
proposal result in the alteration of or the destruction
of paleontological resources?
Comments: The Conservation and Open Space Element of the General Plan does no1 identify the project
site or surrounding vicinity as an area of potentia] paleontological resources. There are no ]mown
paleontological resources on the site or in the adjacent area. Minimal cut grading is required and no
significant impacts to paleontological resources are anticipated.
Mitigation: No mitigation measures are required.
XVU. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 ø
regional parks or other recreational facilities?
b) Affect existing recreational opportunities? 0 0 0 I8J
Interfere with recreation parks & recreation plans or 0 0 0 tB!
programs?
Comments: The l2-unit residential project is expected to have 36 residents. Park land requirements for
this population would be 0.1 Q-acre. Park fees would be paid as required by City Ordinance. The projec1
is consistent with the City's General Plan Parks and Recreation Element. No significant recreational
impacts would resull ITom the project.
Mitigation: No mitigation measures are required.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE:
See Negative Declaration for mandatory findings of ¡if
11 5/8/01
Po...';."
Pu".'~" "",.if~.' ,=,...
"'oif~., U."" SO_,,", ,.
lmpact Mn;""" lmpact Impact
significance. If an EIR is needed, chis seeriOlI should
be compleced.
a) Does the project have the potential to degrade 0 0 0 0
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number
or restrict the range of a rare or endangered
plant or animal or eliminate important examples
of the major periods or California history or
prehistory?
Comments: The vacant site is located in an urbanized area and was previously used for agricultural
purposes and as a p1ant nursery. No sensitive plant or animal resources or historical/archaeo]ogica1
resources are present.
Mitigation: No mitigation measures are required.
b) Does the project have the potential 10 achieve 0 0 0 0
shorr-term, to the disadvantage of long-rerm.
environmental goals?
Comments: ConstrUcting a single-family residential project on the site would not affect 10ng-term
environmenta1 goals of the City of Chula Vista in that the project site is not identified for preservation in
the City's recently adopted Draft Multiple Species Conservation Program Subarea Plan and the project is
consistent with the City's Genera1 P1an.
Mitigation: No mitigation measures are required.
c) Does the project have impacts that are 0 0 0 0
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection with
the effects of past projects, the effects of other
current projects, and the effects of probable
future projects.)
Comments: The project site is in a ful1y developed urbanized area and development of the site would not
result in cumulative environmental effects.
Mitigation: No mitigation measures are required.
d) Does the project have environmental effects that 0 0 0 0
will cause substantial adverse effects on human
beings, either directly or indirectly?
Comments: No adverse effects on human beings are anticipated from developing the site as a residential
project
Mitigation: No mitigation measures are required.
12 Ii.. 1 5/8/01
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigatIOn measures have been incorporated into the project and will be
implemented during the design, construction and operation of the project:
AlR QUALITY
Construction Related Impacts
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents
during dust-generating activities 10 reduce dust emissions. Additional watering or dust control agents
shall be applied during dry weather or windy days until dust emissions are no1 visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills.
3. A 20-mile-per-hour speed limit on unpaved surfaces in connection with the project shall be enforced.
4. On dry days, dirt and debris spined onto paved surfaces shan be swept up immediately to reduce re-
suspension ofpaI1iculate matter caused by vehic1e movement. Approach routes to construction sites
shall be c1eaned daily of construction-related dirt in dry weather.
5. On-site stockpiles of excava1ed material shall be covered or watered.
6. Disturbed areas shan be hydroseeded, landscaped, or developed as quickly as possible and as directed by
the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions
control shan be utilized during grading and construction activities. Catalytic reduction for gasoline-
powered equipment shaH be used. Also, construction equipment shaH be equipped with prechamber
diesel engines (or equivalen1) together with proper maintenance
WATER
Drainage Patterns and Surface Runoff
1. On-site and off-site drainage faci1ities and improvements to Cedar Avenue shaH be constructed as
required by the Cjty approved grading/improvement plans.
13 5/8/01
""'..-" ..---.-.....
XX. AGREEMEJ\ì TO IMPLEMENT MITIGA nON MEASl'RES
By signing the Jine(s) provided below. the Applicant(s) and/or Operator(s) stipula1e thaI they have each
read, understood and have their respective company's authority to and do agree to the mitigation measures
contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator.
Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the
County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance
without approval and that AppJicant(s) and/or Operator(s) shall apply for an Environmental Impact Repon.
sj&/V;
e Date
[Pr
Printed Name and Title of
[Operator if different from Property Owner]
Signature of Authorized Representative of Date
[Operator if different from Property Owner]
14 5/8/01
XXI. ENVIRONMENTAL FACTORS POTEJ','TIALL Y AFFECTED:
The environmental factors checked below would be potentially affected by !his project, involving at leas1
one impact !hat is a "Potentially Significant Impact" or "Po1entially Significant Unless Mitigated," as
indicated by !he checklist on !he following pages.
0 Land Use and Planning 0 Transportation/Circulation 0 Public Services
0 Population and Housing 0 Biological Resources 0 Utilities and Service Systems
0 Geophysical 0 Energy and Mineral Resources 0 Aes!hc:>tics
. Water 0 Hazards 0 Cultural Resources
. Air Quality 0 Noise 0 Recreation
0 Paleontology 0 Mandatory Findings of Significance
15 5/8/01
"-----'---'--'-..--.-. ....--...-.--....-------
XXII. DETERMr\A TlON:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, 0
and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, .
there wî11 not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A MITIGATED NEGATNE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an 0
ENVIRONMENTAL IMPACT REPORT is required.
I fmd that the proposed project MA Y have a significant effect(s) on the environment, but at 0
least one effec1: I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the
earlier analysis as described on attached sheets, if the effect is a "po1entially significant
impactS" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effectS that remain to be addressed.
I find that although the proposed projec1 could have a significant effect on the environmen1,
there WILL NOT be a significant effect in this case because all potentially significant effectS 0
(a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b)
have been avoided or mitigated pursuant to that earlier EIR, including revisions or
mitigation measures that are imposed upon the proposed project. An addendum has been
prepared to provide a record of this determination.
MJ&~~/. úÐ~lf' .5/~/ðf
Oat.!
Environmental Review Coordinator
16 5/8/0]
_. .-. .-."-"--'-- - "'-.-.-'-"------.
Appendix B
THE Cil JF CHULA VISTA DISCLOSURE STA, ..;MENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Commission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
TWT 5er"it:J'!~I:IVt!... "D Qr¡ j l.l rnuJ¡~
2. If any person> identified pursuant to (1) 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 partnership.
1)Df'lt'"
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.
(lnne
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..1L-
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.
-..I~~ ""'Bpnri '/'('"
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 a
Councilmember in the current or preceding election period? Yes - No.....x.. If yes, st w ich
Councilmember(s):
{I(qt( (NOTE: A TTACH ADDITIONAL PAGE~SSAR
1/1
Date:
I
. Person is defined as: "Any individual, firm, co-parlnuship, joinl venture, association, social club, frealernal organization. corporalion,
eslate, lrusl, receiver, syndicate, Ihis and any olher county, city and counlry, city municipality, diSlricl, or olher polilical subdivision, or any
olhergroup orcombinalion acting as a unil." / tf i ATTACHMENT 5
..-., -".' ,_.~._.- ,.-."...' .....,.--"-'
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF
THE TENTATIVE SUBDIVISION MAP FOR CEDAR PARK, A
2.43-ACRE TWELVE LOT SUBDIVISION FOR SINGLE FAMILY
DWELLING UNITS LOCATED AT THE SOUTHERN TERMINUS
OF CEDAR AVENUE, CHULA VISTA TRACT NO. CVT 01-07.
I. RECITALS
A. Project Site
WHEREAS, the area of land commonly known as "Cedar Park" Tentative
Subdivision Map (PCS-01-07), Chula Vista Tract No. 01-07, which is the subject matter
of this resoiution, and is diagrammatically represented in Exhibit "A" attached hereto and
incorporated herein by this reference; and for the purpose of general description herein
consists of 2.43 acres located at the southern terminus of Cedar Avenue, between
Broadway and Fifth Avenues, located within a single-family residential zone (R-1-7),
within the Montgomery Specific Plan area with a Land Use Designation of Low/Medium
Density Residential (6 - 11 dwelling units per acre), and within the General Plan Land
Use Designation of Low Medium Residential (6 - 11 dwelling units per acre), consisting
of APN 618-061-2300 ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on February 8, 2001, Jeffrey Bender, a.k.a. TNT Services, Inc.
("Developer") filed a tentative subdivision map application with the Planning Division of
the City of Chula Vista and requested approval of the Tentative Subdivision Map (PCS-
01-07) known as "Cedar Park," Chula Vista Tract No. 01-07, in order to subdivide the
project site into twelve single-family residential lots ("Project"); and
C. Environmental Determination
WHEREAS, the Resource Conservation Commission determined that the Initial
Study prepared by the Environmental Review Coordinator was adequate and
recommended adoption of a Mitigated Negative Declaration on May 14, 2001, in
compliance with the California Environmental Quality Act. The Planning Commission
recommended adoption of the same Mitigated Negative Declaration on June 27, 2001.
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
said project on June 27, 2001 and voted 7-0 to recommend that the City Council
approve the Project based on the findings and subject to the conditions listed below in
accordance with Planning Commission Resolution PCS-01-07; and
_. .-. .---.---.--.-.---.....---------.-
Resolution No. - Page 2
E. City Council Record on Application
WHEREAS, a duly called and noticed public hearing was held at the time and
place as advertised on July 24, 2001 in the Council Chambers, 276 Fourth Avenue
before the City Council of the City of Chula Vista; to receive the recommendation of the
Planning Commission, and to hear public testimony with regard to the Project, and said
hearing was thereafter closed.
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 on the project introduced before the Planning
Commission at their public hearing on this project held on June 27, 2001 and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the environmental determination of the
Environmental Review Coordinator, the Resource Conservation Commission, and the
Planning Commission was reached in accordance with requirements of the California
Environmental Quality Act, the State EIR Guidelines, and the Environmental Review
Procedures of the City of Chula Vista.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the Mitigated Negative Declaration reflects the independent
judgment of the City Council of the City of Chula Vista and hereby adopts the Mitigated
Negative Declaration and the Mitigation Measures set forth therein, a copy of which is on
file in the office of the City Clerk.
V. INCORPORATION OF MITIGATION MEASURES
The City does hereby adopt and incorporate herein as conditions for this approval all
applicable mitigation measures, as set forth in the Environmental Document IS-01-040.
VI. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that "Cedar Park" Tentative Subdivision Map (PCS-01-07), Chula Vista
Tract No. 01-07, as conditioned herein is in conformance with the various elements of
the City's General Plan based on the following:
1. land Use
The General Plan land Use Designation is low Medium Residential (6 - 11 dwelling
units per acre). The Montgomery Specific Plan land Use Designation is low/Medium
Density Residential (6 - 11 dwelling units per acre). The proposed 12-lot subdivision is
within the allowable density and permitted number of dwelling units. Therefore, as
- _... .- -...-.----.. . ......
Resolution No. - Page 3
conditioned, the Project is in substantial compliance with the City's General Plan, and
the Montgomery Specific Plan.
2. Circulation
All of the on-site and off-site public streets required to serve the subdivision will be
constructed or paid for by the developer in accordance with the Conditions of Approval.
The public streets within the Project will be designed in accordance with the City design
standards and/or requirements and provide for vehicular and pedestrian connections
with adjacent streets.
3. Housing
The housing provided within the Project will be market-rate housing. The Project will
provide additional single-family home ownership opportunities in an established western
Chula Vista neighborhood, within the Montgomery Specific Plan area.
4. Conservation
The Project site is known to have significant environmental impacts, which are
addressed by the mitigation measures. The mitigation monitoring and reporting program
is incorporated into the conditions of approval.
5. Parks and Recreation, Open Space
The Project will be required to pay park acquisition and development fees prior to
approval of a final map. The individual lots possess large rear yard areas.
6. Seismic Safety
The Project is in conformance with the goals and policies of the Seismic Element of the
General Plan for this site. The site is not located adjacent to an identified or inferred
geologic fault.
7. Safety
The Project is within the General Plan standard for response time of both Police and Fire
services. The emergency services agencies have reviewed the proposed subdivision for
conformance with City safety policies and have determined that the proposal meets the
City Threshold Standards for emergency services.
8. Noise
The Project will be required to meet the residential standards of the General Plan's
Noise Element and Municipal Code. The dwelling units will be required to meet the
Uniform Building Code standards with regard to acceptable interior noise levels.
9. Scenic Highway
The Project does not abut a scenic route or gateway
/ 11
Resolution No. - Page 4
10. Bicycle Routes
The public street within and adjoining the Project does not included a designated bike
route.
11. Public Buildings
No public buildings are planned or proposed for the Project.
B. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council
certifies that it has considered the effect of this approval on the housing needs of the
region and has balanced those needs against the public service needs of the residents
of the City and the available fiscal and environmental resources.
C. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the
configuration, orientation, and topography of the site allows for the optimum siting of lots
for natural and passive heating and cooling opportunities and that the development of
the site will be subject to site plan and architectural review to insure the maximum
utilization of natural and passive heating and cooling opportunities.
D. The site is physically suitable for residential development and the proposal conforms to
all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact created
by the proposed development
BE IT FURTHER RESOLVED That the City Council does hereby approve the
Project subject to the general and specific conditions set forth below:
VII. GENERAL CONDITIONS OF APPROVAL
The approvai of the foregoing Project is hereby conditioned as follows:
Environmental:
1. All unpaved construction areas shall be sprinkled with water or other acceptable dust
control agents during dust-generating activities to reduce dust emissions. Additional
watering or dust control agents shall be applied during dry weather or windy days until
dust emissions are not visible.
2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and
spills.
3. A 20-miles per hour (MPH) speed limit on unpaved surfaces in connection with the
project shall be enforced.
4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately
to reduce re-suspension of particulate matter caused by vehicle movement. Approach
I
--~----------
Resolution No. - Page 5
routes to construction sites shall be cleaned daily of construction-related dirt in dry
weather.
5. On-site stockpiles of excavated material shall be covered or watered.
6. Disturbed areas shall be hydro-seeded, landscaped, or developed as quickly as possible
and as directed by the City to reduce dust generation.
7. Heavy-duty construction equipment with modified combustion/fuel injection systems for
emissions control shall be utilized during grading and construction activities. Catalytic
reduction for gasoline-powered equipment shall be used. Also, construction equipment
shall be equipped with pre-chamber diesel engines (or equivalent) together with proper
maintenance and operation to reduce emissions of nitrogen oxide, to the extent available
and feasible.
8. On-site and off-site drainage facilities and improvements to Cedar Avenue shall be
constructed as required by the City approved grading/improvement plans.
Enqineerinq:
9. Design and construct all street improvements in accordance with Chula Vista Design
Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual
unless otherwise approved by the City Engineer. Obtain City Engineer approval of the
detailed improvement plans prepared by a registered civil engineer licensed in the State
of California detailing horizontal and vertical alignment of said streets. Design transition
to meet existing improvements in Cedar Avenue to the satisfaction of the City Engineer.
Said improvements shall include, but not be limited to, asphalt-concrete pavement, base,
concrete curb, gutter sidewalk, pedestrian ramps, street signs, street name signs,
striping, sewer and water utilities, drainage facilities, street lights, and fire hydrants.
10. Guarantee prior to approval of the final map the construction of public street
improvements deemed necessary to provide service to the subject subdivision in
accordance with City standards.
11. Provide written verification to the City Engineer from Sweetwater Authority water district
that the subdivision will be provided adequate water service and long-term water storage
facilities.
12. Install fire hydrants as determined by the City Fire Marshal. Said hydran110cations shall
be shown on the improvement plans.
13. Submit grading plans prepared by a registered civil engineer for review and approval by
the City Engineer. All grading and pad elevations shall be within two feet of the grades
and elevations shown on the approved tentative map or as otherwise approved by the
City Engineer and Director of Planning and Building.
14. Design all lot grading so that lot lines are located at the top of slopes. This may require
the use of retaining walls along some lot lines.
15. Submit an erosion and sedimentation control plan as part of the grading plans prepared
by a registered civil engineer for review and approval by the City Engineer.
_.. ---.--. -_..._--_._~.. u
Resolution No. - Page 6
16. Show the location of cut and fill lines based on existing topography as part of the grading
plans prepared by a registered civil engineer for review and approval by the City
Engineer.
17. Submit a table listing for each of the proposed lots, and indicate whether the house
structures for each of the proposed lots will be situated atop soils that are fill, cut, or a
transition between fill and cut (bisected by fill and cut soils) as a requirement prior to the
approval of the final map.
18. Submit a detailed geo-technical report prepared, signed and stamped by a registered
civil engineer and a certified engineering geologist prior to approval of the grading plans
and issuance of grading permit.
19. Submit a precise drainage study prepared by a registered civil engineer and approved
by the City Engineer prior to issuance of a grading permit or any other development
permits. The design of the drainage facilities shall consider existing on-site and off-site
drainage patterns. The drainage study shall show how downstream properties and
storm drainage facilities are impacted. The City Engineer shall approve the extent of the
study.
20. Comply with all provisions of the National Pollutant Discharge Elimination System
(NPDES) and the Clean Water Program during and after all phases of the development
process, including but not limited to: rough grading, construction of street and
landscaping improvements, and the construction of dwelling units.
21. Provide evidence of an existing sewer easement to the City of Chula Vista over the
existing sewer line within Lot 3. If no such easement exists, dedicate a 15-foot sewer
easement over the existing line on the final map.
22. Provide drivable access (H-20 wheel loading) to the existing sewer manhole along the
southerly boundary within Lot 3 to the satisfaction of the City Engineer.
23. The termination point of the sewer line in Cedar Avenue shall be in the center of the cul-
de-sac, not offset as shown on the Tentative Map. This will avoid excessively long
sewer laterals from lots 7 and 8.
24. Provide a total of two 1 DO-watt streetlights on Cedar Avenue within the subdivision. One
at the entrance to the subdivision between lots 2 and 3 and one near the cul-de-sac by
lot 11, as approved by the City Traffic Engineer.
25. Apply a surface treatment such as a fog seal to the existing asphalt on Cedar Avenue
south of L Street in order to provide a uniform appearance to the entire street and for the
purpose sealing existing cracks.
26. Re-stripe the median of L Street between Fifth Avenue and Broadway in order to provide
a left turn pocket into Cedar Avenue to the satisfaction of the City Traffic Engineer.
27. Dedicate for public use all streets shown on the tentative map with the metes and
bounds of the tentative subdivision map boundary.
-- ...---.-- ...-- ._-_._--"-_.
Resolution No. - Page 7
28. Dedicate to the city a 5.5-foot-wide street tree planting and maintenance easement
along all public streets, between the curb, gutter and sidewalk, within the subdivision as
shown on the tentative map.
29. Agree to 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 and entitlements by the
City, including approval by its Planning Commission, City Council, or any approval by its
agents, officers, or employees with regard to this subdivision pursuant to Section
66499.37 of the State Subdivision Map Act, and including challenges to the Initial Study
and Mitigated Negative Declaration for the Project, provided the City promptly notifies
the subdivide of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
30. Agree to hold the City harmless from any liability for erosion, siltation, or increase flow of
drainage resulting from this project.
31. Agree to ensure that all franchised cable television companies are permitted equal
opportunity to place conduit and provide cable television service to each lot 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.
32. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
33. Submit copies of the final map and improvement plan in a digital format such as (DFX)
graphic file prior to approval of the final map. Provide a CAD copy of the final map
based on accurate coordinate geometry calculations and submit the information in
accordance with the City guidelines for digital submittal in duplicate on a 3-1/2-inch HD
floppy disk prior to the approval of the final map.
Fire:
34. Any home located more than 150 feet from the street to half the distance around the rear
of the home shall be provided with either a 20-foot driveway with 6-inch reinforced
concrete, or a fire sprinkler system.
Planninq:
35. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of
the final map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
36. The final map shall be prepared by a licensed civil engineer, and shall incorporate all the
conditions of approval and be completed to the satisfaction of the Director of Planning
and Building.
/
- - -----______H___- H___"'----'---"'--"
Resolution No. - Page 8
37. Prior to any use of the project site or issuance of any building permits, all conditions of
approval shall be completed to the satisfaction of the Director of Planning and Building.
38. A conceptual landscape plan for the landscape parkway street tree planting shall be
prepared by a registered Landscape Architect per the City's Landscape Manual and
shall be submitted for review with the grading plan submittal and shall be subject to the
approval of the City's Landscape Planner.
39. Prior to issuance of grading permits, building enveiopes shall be defined on each of the
lots.
41. A fencing plan showing required fencing for panhandle lots (2 and 12) shall be submitted
with the grading plan, and shall be reviewed and subject to the approval of the City's
Landscape Planner.
42. Prior to issuance of building permits, the developer shall come to an agreement with the
Sweetwater Union High School District, who is requesting that the project be annexed
into the Community Facility District No.1 O.
43. Prior to issuance of building permits, the developer shall pay all school fees and shall
come to an agreement with the Chula Vista Elementary School District who is requesting
that the developer annex the project into their new generic Community Facility District
No. 10.
44. Ensure with all utilities that the location of all existing utility facilities will be protected in
place prior to commencement of grading. All utilities shall be underground within the
subdivision.
45. All Park and Recreation pad fees shall be paid at the issuance of the final map pursuant
to Chapter 17.10 of the Chula Vista Municipal Code.
46. All building plans must comply with 1998 Energy requirements, 1998 Uniform Building
Code, Uniform Mechanical Code, Uniform Plumbing Code, and 1998 National Electrical
Code.
47. Approval of this tentative subdivision map shall not waive compliance with all sections of
Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect
at the time of building permit issuance.
48. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees, agents and representatives,
from and against any and all liabilities, losses, damages, demands, claims and costs,
including court costs and attorneys' fees (collectively, "Iiabilities") incurred by the City
arising, directly or indirectly, from (a) City's approval and issuance of this tentative map,
(b) City's approval or issuance of any other permit or action, whether discretionary or
non-discretionary, in connection with the use contemplated herein. Applicant/operator
shall acknowledge their agreement to this provision by executing a copy of the tentative
map conditions where indicated, below. Applicant's/operator's compliance with this
provision is an express condition of this tentative map and this provision shall be binding
on any and all of Applicant's/operator's successors and assigns.
..--.
Resolution No. - Page 9
VIII. EXECUTION AND RECORDATION OF RESOLUTiON OF APPROVAL
The property owner and the applicant shall execute this document by signing the lines
provided below, said execution indicating that the property owner and applicant have
each read, understood, and agreed to the conditions contained herein. Upon execution,
this document shall be recorded with the County Clerk of the County of San Diego, at
the sole expense of the property owner and/or applicant, and a signed, stamped copy of
this recorded document within ten days of recordation to the City Clerk shall indicate the
property owners/applicant's desire that the project, and the corresponding application for
building permits and/or a business license, be held in abeyance without approval. Said
document will also be on file in the City Clerk's Office and known as document No. -'
Signature of Property Owner Date
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation.
Developer or a successor in interest gains no vested rights by the City's approval of this
Resolution.
X. INVALIDITY; AUTOMATIC REVOCATION
it is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision, and condition herein stated;
and that in the event that anyone or more terms, provisions, or conditions are
determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable,
this resolution and the permit shall be deemed to be automatically revoked and of no
further force and effect ab initio.
Presented by: Approved as to form by:
<~ (Y1LWd
Robert A. Leiter John. y -;¡
Director of Planning & Building City Attorney
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CH U LA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR ~~~~~'ik ïNT Services Inc, PROJECT DESCRIPTION:
C) SUBDIVISION
PROJECT Cedar Avenue and L Street Request: Proposal for a 12 lot single family detached
ADDRESS:
subdivision with 2 car garages in the R1 zone,
SCALE: I FILE NUMBER: Related Case: 18-01-040 / "/ - f t
NORïH No Scale PCS - 01 - 07
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Council Agenda Statement
Item: Y 15
.
Meeting Date: July 17, 2001
Item Title:
Report - Recommending the adoption of a Lobbying
Ordinance in the City of Chula Vista
Submi t ted by: Board of Ethics ~
Reviewed by:
City Manager
4/5ths Vote: ( ) Yes
(X) No
BACKGROUND:
At the
referred
consider
adopting
Council meeting of March 6, 2001, Councilmember
a matter to the Board of Ethics requesting the
whether the City of Chula Vista would benef it
a Lobbying Ordinance.
Salas
Board
from
On May 15, 2001 the Board met at a regularly scheduled meeting to
discuss the referred item. The Board held dlscussions regarding
adoption of such an ordinance and took the matter under submission.
On June 12, 2001, t.he Board met and after further discussions and
consideration of the matter does hereby recommend that this Council
adopt a Lobbying Ordinance similar to the attached City of San
Diego ordinance requiring individuals acting as Municipal Lobbyists
to register and submit a financial disclosure.
BOARD RECOMMENDATION:
The Board of Ethics recommends that Council consider adopting a
Lobbying Ordinance similar to the City of San Diego's Lobbyist
Ordinance and thai the City Attorney be directed to prepare an
ordinance for further Council consideration at a later date.
FISCAL IMPACT:
None at this time.
1
~5'-/
San Dje~o l\1unicipal Code
(6-2000)
Chapter Z: Government
Article 7: Elections, Campaign Finance and Lobbying
Division 40: Municipal Lobbying
("Municipal Lobbying" added 5-18-1998 by 0-18511 NS.)
927.4001
Purpose
The purpose ofthis division is to provide registration and disclosure requirements
whereby individuals acting as Municipal Lobbyists are required to register with the
City. The purpose of registration is to require Lobbyists to provide sufficient
information so that complete disclosure of principals and Clients they represent may
become public information for the benefit ofthe City Council and the general public.
This division is not intended to discourage or prohibit the exercise of constitutional
rights.
(Amended 12-7-1998 by 0-18606 NS.)
927.4002
Definitions
All defmed terms in this division appear in italics. The first letter of each term defmed
in this division is capitalized. Unless the context otherwise indicates, the defmed terms
have the meanings set forth below.
"Activity Expense" means any Payment made to, or benefitting, any City Official made
by a Lobbyist. An Activity Expense benefits a City Official if it is made to, or on
behalf of, the City Official. An Activity Expense includes gifts provided to the City
Official's spouse or dependent child if the City Official receives benefits from the gift
or exercises control or discretion over the use or disposal ofthe gift. "Activity
Expenses" include gifts, meals, honoraria, consulting fees, salaries and any other form
of Compensation, but do not include campaign contributions.
'~4gent" means a Person who acts on behalf of any other Person. "Agent" includes a
Person who acts on behalfof a Lobbyist.
"City" means the City of San Diego or any organizational subdivision, office, or board
of the City.
"City Board" includes the boards of directors of all City agencies, and any board,
commission, committee, or task force of the City established by action of the City
Council under authority of the City Charter, Municipal Code or Council resolution.
Ch. Art. Div.
I 2 I 7 I 40 ~-
Pl5 -:7
San Die!!!) Municipal Code
(6-2000)
Chapter 2: Government
"Ciry Official" includes:
(a) any elected or appointed City officeholder, including any Ciry officeholder
elected but not yet sworn in, City Board memlJer, or employee of the City or
any City agency, who, as part ofhis or her official duties, participates in the
consideration of any Municipal Decision other than in a purely clerical,
secretarial or ministerial capacity;
(b) City Council members acting in their capacity as Housing Authority and
Redevelopment Agency officers; and
(c) any consultants of this City who are required to file a statement of economic
interest pursuant to any conflict of interest code adopted by the City Council.
'IClient" means
(a) a Person who compensates a Lobbyist, including an In-House Lobbyist, for the
purpose of Influencing a Municipal Decision; or
(b) a Persoll on whose behalf a LobbYist makes attempts at Influencing a
Municipal Decision.
"Committee" has the Same meaning as that set forth in California Government Code
Section 82013.
"Compensated Services" means Lobbying activities for which Compensation was paid
during a reporting period or for which the Lobbyist became entitled to Compensation
during that period.
"Compensation" means any economic consideration for services rendered, other than
reimbursement for Travel Expenses.
"Contract" includes but is not limited to written contracts, agreements, memoranda of
understanding, and similar writings that set forth transactions involving personal
property, real property, intellectual property, personal services, consultant services,
public works, or insurance. For purposes oftills division, "contract" and
"agreement" are synonymous. The definition of "contract" is intended to be broadly
construed.
"Day" means calendar day unless otherwise specified.
Ch. Art. Div.
I 2 I 7 I 40 -.
,~ /5~3
San Diego Municipal Code
(6-2000)
Chapter 2: Government
"Direct Communication." means:
(a) talking to (either by telephone or in person); or
(b) corresponding with (either in writing or by electronic transmission or facsimile
machine )_
"Direct Communication" does not include:
(a) solely responding to questions from any City Official; or
(b) appearing as a speaker at, or providing written statements which become part
of the record of, a Public Hearing, so long as the Lobbyist identifies the
Clients( s) represented;
"Enforcement Authority" has the same meaning as that term is defined in Section
n2903.
"Gifi" has the same meaning as that set forth in California Government Code Section
82028_ .
"!J!(luencing a Municipal Decision /I means affecting or attempting to affect any action
by a City Official on one or more Municipal Decisions by any method, including
promoting, supporting, opposing or seeking to modify Or delay such action.
"Influencing a Municipal Decision" also includes providing information, st~tistics,
analysis or. studies to a Ciry Official-
"In-House Lobbyist" means an individual who engages in Lobbying solely on behalf of
his or her business or employer. "In-House Lobbyist" includes, but is not limited to.
owners, officers, and salaried employees of a business.
"Lobbying" means Direct Communication with a City Official for the purpose of
Influencing a Municipal Decision on behalf of any other Person.
"Lobbyist" means an individual who receives or becomes entitled to receive the
threshold Compensation amount during any calendar quarter for Lobbying, and who
has had at least one Direct Communication with a City Official in that calendar
quarter. Lobbyist includes:
(a) In-House Lobbyists who engage in Lobbying;
. (b) individuals under contract to engage in Lobbying; and
Ch. Aft Div,
1217140~_
!P4/s:1-
San Dieeo Municipal Code
(6-2000)
Chapter 2: Government
(c) individuals employed by a firm under contract to provide Lobbying services,
whose pro-rated salary for Lobbying activities meets the threshold
Compensation during any calendar quarter.
"Municipal Decision" includes:
(a) the drafting, introduction, consideration, reconsideration, adoption, defeat, or
repeal of any ordinance or resolution;
(b) the amendment ofany ordinance or resolution;
(c) a report by a City Official to the City Council or a City Council Committee;
(d) contracts;
(e) quasi-judicia] decisions, including:
(I) any decision on a land development permit, map or other matter'
decided pursuant to Process 2 through 5 as described in Chapter] I of
this Municipal Code; or
(2) any grant of, denial of, modification to, or revocation of a permit or
license under Chapter I through 10 of this Municipal Code; and
(I) any other decision of the City Council or a City Board,
"Municipal Decision" does not include any of the following:
(a) any request for advice regarding, or for an interpretation of laws, regulations,
City approvals or policies;
(b) a direct response to an enforcement proceeding with the City;
(c) any communication among attorneys representing a party or potential party to
pending or actual litigation brought by or against the City, or City agent,
officer or employee;
(d) any ministerial action such as decisions on private land development made
pursuant to Process I as described in Chapter II of this Municipal Code;
(e) any action relating to the establishment, amendment, administration,
implementation or interpretation of a collective bargaining agreement or
Ch. Art Div.
12 I 7 140 ~.-
!,~--'
7-~"')
/5'-5
San Diego Municipal Code
(6-2000)
Chapter 2: Government
memorandum of understanding between the City and a recognized employee
organization, or a proceeding before the Civil Service Commission; or
(f) any management decisions as to the working conditions of represented
employees that clearly relate to the terms of collective bargaining agreements
or memoranda of understanding pursuant to (e) above.
"Payment" has the same meaning as that set forth in California Government Code
Section 82044.
"Person" means any individuaL business entity, trust, corporation, association,
committee, or any other organization or group of Persons acting in concert.
"Public Hearing" means any '.'leeting as defmed by the Ralph M. Brown Act where a
public record is kept of who spoke and who was represented by a Lobbyist testifying
at that hearing.
"Public Official" means an elected or appointed officer or employee or officially
designated representative, whether compensated or not, ofthe United States or any of
its agencies; the State of California; the City; any political subdivision of the state,
including counties and districts; or any' public corporation, agency or commission.
"Travel Expenses" means reasonable expenses for transportation plus a reasonable
sum for food and lodging.
(Amended 5-30-2000 by 0-18807 N.S)
927.4004
Exceptions
The following Persons are exempt from the requirements ofthis division:
(a) a Public Official acting in his or her official capacity and any government
employee acting within the scope ofhis or her employment;
(b) any newspaper or other regularly published periodical, radio or television
station (including any individual who owns, publishes or is employed by any
such newspaper, periodica~ radio or television station) that in the ordinary
course of business publishes news items, editorials or other comments or paid
advertisements which directly or indirectly urge action on a Municipal
Decision, if such newspaper, periodical, radio or television station, or
individual engages in no other activities to Influence a Municipal Decision; and
Ch. Art. Div.
1217\4D-.....
jjJ4/5~?
San Dieeo Municipal Code
(6-2000)
{l27.400S
Ch. Art Div.
L..3..l2J 40 -~
Chapter 2: Government
(c) any Person whose sole activity includes one or more ofthe following:
(1) to submit a bid on a competitively bid contract;
(2) to submit a written response to a request for proposals or
qualifications;
(3) to participate in an oral interview for a request for proposals or
qualifications; or,
(4) to negotiate the terms of a contract or agreement with the City, once
the City has authorized either by action of the City Council, City
Manager, or voters, entering an agreement with that Person. whether
that Person has been selected pursuant to a bid, request for proposals
or qualifications, or by other means of selection recognized by law.
(.4mended 11-8-1999 by 0-18705 N.S.)
Threshold Determination
(a) For the purpose of determining whether a Lobbyist has met the threshold for
Compensation registration required by Section 27.4007, time spent on the
following activities shall be included:
(I) monitoring a Municipal Decision the Lobbyist is seeking to influence;
(2) preparing testimony and presentations;
(3) attending hearings on a Municipal Decision the Lobbyist is seeking to
influence;
(4) communicating with the Lobbyist's Client or the Lobbyist's employer
on a Municipal Decision the Lobbyist is seeking to influence; and
(5) waiting to meet with City Officials. These and similar activities are an
integral part of Influencing a Municipal Decision.
(b) The threshold Compensation shall be calculated as follows:
(I) In 1999 it is $2,000.
(2) It will be adjusted each year thereafter, based on the San Diego
Consumer Price Index percentage change.
;y7/5~r;
San Diego Municipal Code
(6-2000)
. Chapter 2: Government
~27.4006
~27.4007 .
!l27.4009
(c) The City Clerk shall publish the threshold Compensation amount on or before
January 10 of each year.
(Amended 12-7-1998 by 0-18606 NS) .
Activity Expense on Behalf of Client
An Activity Expense shall be considered to be made on behalf of a Client ifthe Client
requires, authorizes, or reimburses the expense.
("Registration Required" added 5-18-1998 by 0-18511 NS)
Registration Req uired
(a) A Lobbyis! is required to register with the City Clerk no later than ten (10)
Days after qualifying as a Lobbvist.
(b) Within ten (10) Days after qualifying as a Lobbyist, a Lobbyist shall report the
information required by Section 27 AO 1 7 for any Compensated Services the
Lobbyist provided in the three (3) months prior to the date of qualification as a
Lobbyist.
(c) Lobbyis!s shall file with the City Clerk the registration form with the Lobbyis1s'
original signature.
(d) Nothing in this division precludes an individual from registering as a Lobbyist
prior to qualifYing.
(Amended 12-7-1998 by 0-18606 N.S)
Contents of Lobbyist's Registration
Lobbyists shall file with the City Clerk the registration form which contains the
following:
(a) the Lobbyist's full name, business address, and business telephone number;
(b) the name, business address, and business telephone number of the Lobbyist's
employer, if any;
(c) a specific description of the Lobbyist's employer, if any, in sufficient detail to
inform the reader of the nature and purpose of the employer's business;
(d) for each Client for which the Lobbyist provides Lobbying Activities:
Ch. M. Div.
1217140__~
,;y? /5'-f
:?an Diego M"~nicipal Code
. (6.2000)
Chapter 2: Government
(I)
the Client's name, business or mailing address and business or message
telephone number;
(2)
a specific description of each Client in sufficient detail to inform the
reader of the nature and purpose of the Client's business;
(3)
the specific Municipal Decision( s) for which the Lobbyist was retained
to represent the Client, Or a description of the type(s) of Municipal
Decision(s) for which the Lobbyist was retained to represent the
Client;
(e) a statement that the Lobbyist has reviewed and understands the requirements
of Division 40 governing municipal lobbying; and
(f) any other information required by the City Clerk consistentwith the purposes
and provisions ofthis division.
(.4mended 12-7-1998 by 0-18606 NS)
927.4010
Lobbyist and Client Registration Fees
(a) At the time the Lobbyist registers pursuant to Section 27 A007, the Lobbyist
shall pay:
(I) an annual Lobbyist registration fee of forty dollars ($40); plus
(2) an annual Client registration fee of fifteen dollars ($15) for each Client
identified on the registration form.
(b) A Lobbyist who initially qualifies to register during the last quarter of a
calendar year (October through Decemher) pursuant to Section 27.4007 shall
pay:
(I) a prorated Lobbyist registration fee of twenty dollars ($20); plus
(2) a prorated Client registration fee often dollars($IO) for each Client
identified on the registration form.
(c) When a Client is acquired subsequent to the initial registration, the Lobbyist
shall pay the Client registration fee when filing the information required by
Section 27A009.
Ch. Arl_ Div.
1217140-;-
Ir 15~q
San Diego Municipal Code
(6-2000)
927.4012
927.4013
927.4014
Chapter 2: Government
(d) For the purpose of determining Client registration fees, a trade association or
business organization qualified under Internal Revenue Code 50 I (c)(6) shall
consider its members as one Client.
(e) For the purpose of determining Client registration fees, a single Client
registration fee shall be paid for a Person, other than an individua~ that
employs more than one In-House Lobbyist.
(I) Fees may be paid or reimbursed by the Person, ifany, who employs the
Lobbyist.
(Amended 12-7-1998 by 0-18606 NS';
Amendments to Registration Form
Except as provided in Section 27.40 15(b), Lobbyists shall file amendments to their
registration form with the next quarterly disclosure report, and shall disclose any
change in information required on the registration form as set forth in Section
27.4009.
(.4mended 11-8-1999 by 0-18705 NS)
Duration of Status
An individual who registers as a Lobbyist retains that status through January 5 of the
following calendar year unless and until he or she terminates that status in accordance
with Section 27.4022. An individual who continues to qualifY as a Lobbyist on January
5 shall renew that registration on or before January 15 of each year.
(.4l1lended 12-7-1998 by 0-18606 NS)
Notification of Activity Expense Paid to or Benefitting a City Official
(a) Any Lobbyist required to file a disclosure report under the provisions of this
division shall provide the following information to each City Official who is
the beneficiary of an Activity Expense from the Lobbyist.
(1) the date and amount of the Activity Expense;
(2) a description ofthe Activity Expense provided to the City Official; and
(3) the client, ifany, on whose behalf the expenditure was made.
Ch. Art. Div.
121714D-=-
~>'"
'efi- if . ()
, " ,'.' /
" . I'h'~
. ::7
San Dief:o Municipal Code
(6-2000)
~27.4015
~27.4016
~27.4017
Ch. Art. Div.
I 2 I 7 I 40 __11_
C~aPter 2: Government
(b) . The information required to be disclosed pursuant tq subdivision (a) shall be
provided in writing to the City Official who is the beneficiary within twenty
business days after the date of the expenditure.
("Notification of Activity Expense Paid to or Benefitting a City Official" added
5-30-2000 by 0-18807 NS)
Quarterly Disclosure Report Required
(a) Lobbyists shall file quarterly disclosure reports for every calendar quarter
during which they retain their status as a Lobbyist.
(b) In lieu of amending the registration form, a Lobbyist may use the quarterly
report to disclose any change in information required on the registration form
as set forth in Section 27.4009.
(c) The Lobbyist shall file with the City Clerk the report with an original signature.
(Amended 1 ]-8-]999 by 0.]8705 NS)
Filing Deadline for Quarterly Disclosure Report
Lobbyists shall file quarterly disclosure reports with the City Clerk, with the
Lobb.vist's original signature, no later than the last Day ofthe months of April, July,
October and January. Lobbyists shall disclose the information required by Section
27.4017 for the calendar quarter immediately prior to the month in which the report is
required to be filed.
("Filing Deadlinefor Quarterly Disclosure Repon" added 5-18-1998 by 0-1851]
NS)
Contents of Lobbyist's Quarterly Disclosure Report
A Lobbyist's quarterly disclosure report shall contain the following information:
(a) the Lobbyist's full n"IT,'e, business address and business telephone number;
(b) the name, business address and business telephone number of the Lobbyist's
employer, if any; .
(c) the name, business or mailing address and business or message telephone
number of each Client represented by the Lobbyist during the reporting period;
and the specific Municipal Decision(s) for which the Lobbyist represented the
Client during the reporting period;
f!?!1/[! _J . II
.'1../ Ii ;5-
San Dieeo Municipal Code
(6-2000)
Chapter 2: Government
(d) total Compensation received during the reporting period in connection with
Lobbying, itemized by Client-" For Lobbyists employed by an entity that
provides Lobbying services by contract with Clients, the individual Lobbyist
shall report his or her pro-rata share of Compensation received by, or entitled
to be received by, the entity for Lobbying services provided to those Clients.
Such Compensation shall be disclosed using the following ranges: [ ]0-$5,000;
[ ]$5,000-$25,000; []$25,000-$50,000; and [] Over $50,000;
(e) an itemization, which includes the date, amount and description of any Activity
Expenses made by thc Lobbyist during the reporting period of$1O or more on
anyone occasion; or Activity Expenses made by the Lobbyist during the
reporting period aggregating $50 or more during the quarter, to benefit any
single City Official on behalf of anyone Client;
(I) the name and title ofthe City Official benefitting from each itemized Activity
Expense;
(g) the name and address of the payee of each itemized Activi(vExpense;
(h) the name of the vendor if different from that of the payee of each itemized
Activity Expense;
(i) the name of the Client, if any, on whose behalf each itemized Activity Expense
was made;
(j) the total amount of all Activity Expenses, whether itemized or not, made by the
Lobbyist during the reporting period; and
(k) any other information required by the City Clerk consistent with the purposes
and provisions of this division_
(Amended 12-7-1998 by 0-18606 NS.)
S27.4018
Accountability
In addition to any other requirement ofthis division, every Lobbyist shall retain for a
period of five years all books, papers and documents necessary to substantiate the
quarterly disclosure reports required to be made under this division.
("Accountability" added 12-7-1998 by 0-18606 NS.)
Ch. Art. Div.
I 2 I 7 I 40 -.,-
;yn 15~/ d-
San Die~o Municipal Code
(6-2000)
~27A020
~27.4021
~27.4022
g27.4023
ell, Aft, Div.
I 2 I 7 I 40 ~t'...
Chapter 2: Government
Forms to be Provided by the City Clerk
Lobbyists shall file registration forms and quarterly disclosure reports required by this
division on forms provided by the City Clerk. .
("Forms to be Provided by the City Clerk" added 5-18-/998 by 0-/85// NS)
Verification of Registration Form and Quarterly Disclosure Report
Lobbyists shall sign and verifY registration forms and quarterly disclosure reports
required by this division under penalty of California peIjury laws_
("Verification of Registration Form and Quarterly Disclosure Report" added
5-/8-/998 by 0-185/1 NS)
Termination of Lobbyist Status
An individual who ceases being a Lobbyist shall notify the City Clerk oftms status
upon the quarterly disclosure report form provided by the City Clerk. Upon
terminating, the individual shall report the information required in Section 27 AO] 7
that remains unreported since the last quarterly disclosure report.
(Amended /2-7-/998 by 0-/8606 NS)
Other ObUgations of a Lobbyist
Any individual who is required to register as a Lobbyist under the provisions of this
division shall:
(a) disclose his or her status as a Lobbyist to a City Official before providing
anything of value to that individual which would require disclosure as an
Activity Expense to the City Official pursuant to Section 27.4014.
(b) abstain from doing any act with the purpose or intent of placing a City Official
under personal obligation to the Lobbyist, or to the Lobbyist's employer or
Client;
(c) corrcct, in writing, any misinformation given to a City Official, specifYing the
nature of the misinformation;
(d) not deceive or attempt to deceive a City Official as to any material fact
pertinent to any pending or proposed Municipal Decision;
Iy13 /6'-/3
San Dieeo Municipal Code
(6-2000)
Chapter 2: Government
(e) not cause any commun.ication to be sent to a City Official in the name of any
fictitious Person or in the name of any real Person, except with the consent of
such real Person; and
(I) not attempt to evade the obligations in this section through indirect efforts or
through the use of Agents, associates or employees.
(Amended 5-30-2000 by 0-18807 NS.)
S27.4024
Employment of City Employees by Lobbyist
Ifany Lobbyist registered or required to be registered under Section 27.4007:
(a) employs, in any capacity whatsoever, or
(b) requests, recommends, or causes the Lobbyist's employer to employ any
individual known to be a City Official, the Lobbyist shall file a written
statement with the City Clerk within ten (10) Days after such employment.
This statement shall set forth the name of the individual employed, the date
first employed by the Lobbyist or the Lobbyist's employer, and that individual's
position, title, and department in the City.
(.4mended 12-7-1998 by 0-18606 NS)
S27.4025
Powers and Duties of the City Clerk
(a) Upon receipt of a written request, the City Clerk may issue a notice of
registration requirements to any Person whom a City Official or any other
Person has reason to believe should be registered under this division. Before
sending the notice, the Clerk:
(1) shall require the Person making the request to provide a written
statement of the factual basis for the belief; and,
(2) shall determine whether sufficient facts exist to warrant sending the
notice.
(b) Any individual who in good faitb and on reasonable grounds believes that he or
she is not required to comply with the provisions of Section 27.4007 by reason
of being exempt under any provision of this division shall not be deemed to
have violated the provisions of Section 27.4007 if, within ten (10) Days after
the City Clerk has sent specific written notice, the individual either complies
with the requirements of this division, or furnishes satisfactory evidence to the
Ch. M. D/v.
I 2 I 7 I 40 -,,-
in
.. ! '-~
/1 I_
t !'
,
/.5'-1'1
San Die20 Municipal Code
(6-2000) .
Chapter 2: Government
S27.4026
S27.4027
Ch. Aft. Div.
121 7 140~"_
Clerk that he or she is exempt from registration.
(c) As soon as practicable after the close of each quarter, the City Clerk shall
complete a summary of the information contained in registration forms and
quarterly disclosure reports required to be filed under the provisions of this
division. This summary shall be forwarded to the Mayor and City Council.
(d) Tbe City Clerk shall preserve all registration forms and quarterly disclosure
reports required to be filed under this division for a period of five years from
the date of filing. These registration forms and quarterly disclosure reports
shall constitute part of the public records of the Clerk's office, and shall be
open to public inspection. Copies shall be made available by the Clerk upon
request and payment of any lawful copy charges.
(e) The City Clerk shall report apparent violations of this division to the
Enforcement Authority.
(1) The City Clerk shall have the power to adopt all reasonable and necessary
procedures to implement this division.
(Amended 11-8-1999 by 0-18705 NS)
Inspection of Forms and Reports
(a) The City Clerk shall inspect, or cause to be inspected, each registration form
and quarterly disclosure report filed under this division within twenty (20)
working Days after the filing deadline. The Clerk shall notifY an individual to
file a registration form or quarterly disclosure report under this division if it
appears that the individual has failed to file as required by law or that the
registration form or quarterly disclosure report filed by tbe individual does not
conform to law.
(b) Any individual notified to file an original or amended registration form or
quarterly disclosure report shall file the form or report by the deadline imposed
in the notification from the Clerk.
(.4mended 12-7-1998 by 0-18606 NS)
Enforcement Authority: Duties, Complaints, Legal Action, Investigatory Powers
(a) The Enforcement Authority shall enforce the provisions ofthis division.
(b) Any Person who believes that violation of any portion of this division has
occurred may file a complaint with the Enforcement Authority. If the
o /5-/5
San Diego Municipal Code
(6-2000)
Chapter 2: Government
Enforcement Authority determines that there is reason to believe a violation of
this division has occurred, it shall make an investigation. Whenever the
Enforcement Authority has reason to believe a violation ofthis division has
occurred or is about to occur, it may institute such legal action at such time as
it deems necessary to prevent further violations.
(c) The Enforcement Authority shall have such investigative powers as are
necessary for the performance of the duties prescribed in this division. The
Enforcement Authority may demand and shall be furnished records of
Lobbying Activity Expenses at any time.
(d) The Enforcement Authority shall determine whether required statements and
declarations have been filed as required and, if so, whether they conform with
the requirements of this division.
("Audits" repealed 11-8-1999 by 0-18705 N.S;' ''Audits Enforcement Authority:
Duties. Complaints, Legal Action, 1nvestigatolY Powers" added 11-8-1999 by
0-18705 N.S.)
~27.4028
Violations, Penalties and Defenses
(a) Violations of this division may be prosecuted as misdemeanors subject to the
fines and custody provided in San Diego Municipal Code section 12.020 I.
The City may also seek injunctive relief and civil penalties in the Superior
Court pursuant to Municipal Code section 12.0202 or pursue any
administrative remedy set forth in Chapter I of this Code.
(b) In addition to any other penalty or remedy available, if any individual fails to
file any registration form or quarterly disclosure report required by this division
after any deadline imposed by this division, ,that individual shall be liable to the
City of San Diego in the amount of ten dollars ($10) per Day after the deadline
until the report is filed, up to a maximum amount of$IOO.
(c) Provisions of this division need not be enforced by the City Clerk if it is
determined that the late filing was not willful and that enforcement of the
penalty would not further the purposes of this division.
(d) Provisions of this division shall not be waived ifa registration form or quarterly
disclosure report, or an amendment to correct any deficiency in a registration
form or quarterly disclosure report, is not filed by the deadline imposed in the
notification from tbe City Clerk of the filing requirement.
Ch. M. Div.
I 2 I 7 I 40 ~J.__
~/5~1p
San Dieeo Municipal Code
(6-2000)
Ch. Art Div.
I 2 I 7 I 40 ~I~
Chapter 2: Go\'ernment
(el Any limitation of time prescribed by law within which prosecution for a
violation of any part of this division must be comm~nced shall not begin to run
until the City's discovery of the violation.
(Amended 7-18-2000 by 0-18826 N.s.)
t,O/;'
}7-; /
/s~/'i
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 7/24/01
ITEM TITLE: Report and presentation by the San Diego Association of Governments
(SANDAG) regarding the REGION2020 Growth Management Strategy and
local involvement and implementation.
SUBMITTED BY: Director of Planning and Building I
REVIEWED BY: City Manager ~~¡11 (4/5ths Vote: Yes_NolO
The San Diego Association of Governments (SANDAG) is holding a series of meetings with local
elected officials and staff in the region's 18 cities and county government regarding how to
implement the REGION2020 Growth Management Strategy. REGION2020 emphasizes applying
smart growth principles to enhance the quality of life in the San Diego Region as it continues to
grow. SANDAG is requesting that REGION2020 be placed on a future City Council agenda to
consider adoption of a model resolution supporting the program and identifying specific
commitments by the City of Chula Vista.
RECOMMENDATION: That the City Council accept the report and direct staff to place
REGION2020 on a future Council agenda for the purpose of: (1) considering adoption of
SANDAG's model resolution supporting the REGION2020 program, and (2) considering
identification of commitments that the City might make to implement REGION2020 locally.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A. The Planning Commission has been
invited to the meeting to hear SANDAG's presentation and the discussion with the City Council.
Staff would also obtain Planning Commission input prior to returning to the Council with the
model resolution and identification of commitments.
DISCUSSION
Meeting Objectives
SANDAG staff will make a presentation on the REGlON2020 Growth Management Strategy and
time has been allotted for subsequent City Council questions and discussion. The purposes of this
meeting are to initiate a dialog about the growth management strategy and discuss how the City of
Chula Vista and other local jurisdictions can contribute to implementing the strategy and
promoting smart growth in the San Diego Region.
Page 2, Item No.: ~
Meeting Date: 7/24/01
Summary of Attached Materials from SANDAG
SANDAG has provided Attachment A, which contains an agenda for the REGION2020 discussion
with the City Council and other supporting information. The supporting materials are labeled A-I
through A-7, and include the following items.
. Attachment A-I: REGION2020 Fact Sheet
. Attachment A-2 Overview of Work Plan and Timeline of Events
. Attachment A-3 Sample Resolution of Support
. Attachment A-4 List of Endorsers of REGION2020
. Attachment A-5 Smart Growth Defmition, Principles and Designations
. Attachment A-6 Overview of Resources and Incentives
. Attachment A-7 List of Sample Commitments
Key aspects of these materials are referenced and summarized as applicable in the following report
sections.
SANDAG's REGION2020 Growth Management Strategy
With nearly a million new residents projected for the San Diego Region by the year 2020,
tremendous challenges are faced in providing sufficient housing, mobility, and open space, as well as
meeting other needs associated with this growth. As the planning agency for the San Diego Region,
SANDAG is addressing such challenges through its REGION2020 Growth Management Strategy.
REGION2020 is based upon smart growth principles, and addresses five interrelated regional issues:
economic prosperity, transportation, housing, environment and fiscal reform. The strategy strives to:
. Promote economic prosperity that results in a rising standard of living for all of the region's
residents;
. Furnish more transportation choices to reduce dependency on the car, provide transit systems
that connect employment centers, commercial and residential areas and other major facilities and
activity centers, and locate higher densities and mixed use development in areas with frequent
transit service;
. Increase the housing supply, and locate new homes in existing urban areas, closer to jobs,
services and transportation systems;
. Protect open space and habitat areas and promote environmentally sensitive development that
conserves natural resources; and
. Pursue state/local tax reform to increase local government's budgetary control without increasing
taxes, and strengthen growth management incentives.
City of Chula Vista staff members have actively participated on the Regional Growth Management
Technical Committee (the region's planning and community development directors and their
--.,'--'----0-
Page 3, Item No.: ~
Meeting Date: 7/24/01
designees) and other subcommittees working on implementation ofREGION2020.
SANDAG is working with local staffs and elected officials to address issues related to implementing
REGION2020. Local governments are being asked to make specific commitments to support
REGION2020 and implement the regional growth management strategy's principles.
REGION2020 defines smart growth as a compact, efficient, and environmentally sensitive pattern of
development that provides people with additional travel, housing, and employment choices by
focusing future growth away from rural areas and closer to existing and planned job centers and
public facilities. Attachment A-5 includes principles of smart growth in the San Diego Region. At
the local level, these principles address:
. Land Use and Urban Design,
. Travel Choices,
. Jobs/Housing Balance,
. Housing Choices,
. Infrastructure Capacity and Location,
. Environment,
. Consistency between Local Plans and Regional Forecasts, and
. Commitments to incorporate these principles into local plans, regulations, guidelines and
development processes.
Local governments are also requested to identify smart growth focus areas within their jurisdictions
that have the potential to accommodate higher residential and/or employment densities and are
located in key activity centers, or are in pedestrian-friendly centers.
SANDAG's current efforts in support and promotion of smart growth are to build awareness,
understanding and public support, and to strengthen coordination with local jurisdictions to
implement the growth management strategy. SANDAG has prepared a menu of incentives and
resources (Attachment A-6) that could be available to local jurisdictions that embrace smart growth
principles.
Addressing REGION2020 and Smart Growth through the City's General Plan Update
The draft work program for the City's General Plan update is designed to support the regional
growth management strategy and to further smart growth principles. The initial phase of the
General Plan update is focusing on a series of areawide studies that will lay the groundwork for
subsequent activities. Included among these is the joint transit planning program with the
Metropolitan Transit Development Board that the City Council authorized funding for on May 29,
2001. This effort will support integrated transit and land use planning for Chula Vista and the
South San Diego Bay area, and linking transit with key existing and planned activity centers.
- -....--.--.-- . ... ,,-.. ..~.._.._-~.
Page 4, Item No.: -&-
Meetiug Date: 7/24/01
The City's Economic Development Strategy is another areawide study under way that will help
guide the City in furthering the economic prosperity component of REGION2020, and assist in
determining future economic activity hubs. A public facility analysis is intended to help identify
opportunities for and constraints to supporting more intensive development in selected areas of the
City. An environmental and open space analysis will provide the foundation and justification for an
overall open space network, and integrate specific environmental and open space programs, such
as the Multiple Species Conservation Program, into the updated General Plan.
All of these efforts will form the basis for the land use distribution analysis, which will look more
specifically at the land use make up and key urban design features that can support higher density
and more intensive land uses, particularly around transit stations and stops. This would build upon
existing examples of smart growth, such as the Otay Ranch project, and extend the application of
these principles to other parts of the City's Planning Area.
Future Actions Regarding SANDAG's Resolution Supporting Smart Growth
Attachment A-3 contains a sample model resolution supporting smart growth in the San Diego
Region. Attachment A-7 contains a list of different types of potential commitments that local
governments are being asked to consider in carrying out REGION2020. Each local government is
being asked to determine what combination of actions is appropriate for their jurisdiction. The
different types of commitments involve:
. Assuring public participation and community awareness;
. Planning proactively for infill and redevelopment areas;
. Encouraging smart growth in newly-developing areas;
. Promoting mixed use;
. Maximizing transit investment;
. Providing public facilities and applying development fees in a manner that would attract
investment in focus areas;
. Providing other incentives for smart growth development; and
. Protecting environmental resources.
SANDAG's REGION2020 timeline (page 2 of Attachment A-2) anticipates local jurisdictions
taking action on resolutions of commitment by September to October 2001. By that time, the City
Council will have had an opportunity to take action on the overall work program for the General
Plan update, and initial efforts on various areawide studies should have progressed to the point
where the City can identify proposed smart growth focus areas and other potential commitments in
a preliminary fashion. Preliminary commitments will, however, need to be validated through the
General Plan update process, including public participation opportunities. Some updating of
commitments would likely result through this process.
...--.-...-.-
Page 5, Item No.: k
Meeting Date: 7/24/01
The City Council is requested to direct staff to place REGION2020 on a future Council agenda to
consider adoption of SANDAG's model resolution supporting the REGION2020 program, and
identification of commitments that the City might make to implement REGION2020 locally.
FISCAL IMPACT: None. This is an informational presentation only.
Attachments
A. SANDAG's Agenda and related materials consisting of:
A-I REGION2020 Fact Sheet
A-2 Overview of Work Plan and Timeline of Events
A-3 Sample Resolution of Support
A-4 List of Endorsers of REGION 2020
A-5 Smart Growth Definition, Principles, and Designations
A-6 Overview of Resources and Incentives
A-7 List of Sample Commitments
J :IPlanningIMarkSICCAgendaStltementRegion2020 7-24-01.doc
_. - "----'--'-----
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: /1
MEETING DATE: 07 /24/01
ITEM TITLE: RESOLUTION OF THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND HOUSE OF
BLUES CONCERTS, INC. AND KNOTT'S SOAK CITY U.S.A. IN CHULA
VISTA FOR LANDSCAPE MAINTENANCE OF OPEN SPACE DISTRICT
23 AND THE MAIN STREET MEDIAN BETWEEN NIRVANA AVENUE
AND HERITAGE ROAD
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: CITY MANAGER
4/ST"S VOTE: YESD NO 0
BACKGROUND
House of Blues Concerts, Inc. (HOB) and Knott's Soak City U.S.A. (Knott's) in Chula Visto are
requesting the City to enter into an agreement to allow the HOB and Knott's to maintain the 1.4
acres of landscaping and improvements currently maintained within Open Space District 23 (OSD
23) and the 1.02 acres of landscaping and improvements within the Main Street median between
Nirvana Avenue and Heritage Road (Median) insteod of conveying the property to the City for
maintenance under the City's Open Space Section (see Attachment 1).
RECOMMENDATION
That Council approve the Agreement with HOB and Knott's to mointain the londscaping and
improvements currently mointained within OSD 23 ond the Median.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Otay Rio Business Park Landscaping and Lighting Mointenance District, identified as OSD
23, was established on September 15, 1992, to maintain three open space lots and entryway
median totaling approximately 1.4 acres. The two property owners within the Otay Rio Business
Park, the House of Blues Amphitheatre and Knott's Soak City entertainment venues, shore in the
assessment for OSD 23. Although no additional open space lots have been conveyed to the City
for maintenonce within OSD 23, which would have increased the total assessment, there have
17 -
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PAGE 2, ITEM NO.:
MEETING DATE: 07/24/01
been increases in annual maintenance costs adjusted to the consumer price index. There have
not, however, been any odditional properly owners to share in the costs and therefore the total
assessment to House of Blues and to Knott's has risen over time.
Additionally, on March 24, 2000, the City Council approved the installation of landscape and
lighting improvements in the approximate 2,800 lineal-foot Moin Street median (Median) located
east of Nirvana Avenue parallel to the northern border of the Otay Rio Business Park. The
enhanced landscape serves as a gateway for both House of Blues ond Knott's.
The Median improvements consisting of palm trees with uplighting and groundcover at both ends
of the median were completed in August 2000. HOB and Knott's agreed to reimburse the City
for the expenditure to maintoin the Median. The City contracted with Blue Skies Landscape
Mointenance Company (Blue Skies) to maintain these improvements at a cost of $10,884,
excluding utilities, for a period of one year ending June 30,2001.
It was anticipated during formation of the OSD 23 Assessment District that additional open space
areas would be turned over for maintenance by the City. It was therefore anticipated at the time
the Median improvements were installed that their long-term maintenance would be included in
os an amendment to OSD 23.
Therefore, City staff and HOB and Knott's representatives met on May 22, 2001, to discuss the
conveyonce of the Median landscape improvements. Upon review of the proposed budget
formulated by the City Open Space Division of the Public Works Department, the General
Manager for Coors Amphitheater (HOB) noted that the Median maintenance is currently being
performed satisfactorily at approximately one-third the City's cost estimate for City maintenance.
HOB and Knott's made a verbal request that the City consider on agreement for HOB and
Knott's to maintain the Median landscape area through a controctual agreement independent of
the City. Further, they requested that the area currently being maintained within OSD 23 be
included in the private mointenance agreement to be formulated for the Median. It was
determined that consolidating all of these landscape areas and removing them from
maintenance by the City would result in reduced operating expenses for both of the entertainment
venues.
The FY 01/02 collection amount for maintaining the open space areas within OSD 23 would be
$15,159. The City's all-inclusive cost estimate to maintain the Median by expanding OSD 23
would increase the total properly assessment by $28,678. The amount would be $24,997,
excluding utilities.
The difference between the City's cost estimate to maintain the Median (excluding utilities) and
the cost that is currently being paid and reimbursed by HOB and Knott's to mointain the Medion
is approximately $15,000. There are several reasons for this difference. First is the economy of
scale. The Median area is only 1.03 acres and maintenance could continue to be absorbed by
the contractor currently maintoining both it and the extensive area within the HOB properly
boundory. It is also common practice for landscape companies to absorb high visibility projects
ot or below cost for the prestige and public relations derived from maintaining these proiects.
-2-
_.~. ._-- _._---_.~-_._------~
PAGE 3, ITEM NO.:
MEETING DATE: 07/24/01
Conversely, City administrotive and overheod costs add significantly to the ossessment district
estimates.
Although the costs for water, electricity, repair, and replacement are exclusive of the current
Median maintenance contract, HOB and Knott's are willing to incur these additional costs with
the expectotion that the yeorly fee for full maintenance of the median would remain significantly
less than the ossessment associated with placing the area into OSD 23 for maintenance by the
City under the City's Open Space Section. The entertainment venues also determined that the
economies of scale derived from including the area maintained within OSD 23 as part of the
private maintenance contract could further increose their savings.
Summary
Staff concurs that the City would probably not be able to obtain 0 maintenance bid as low as the
cost that could be negotioted by HOB and Knott's for the existing area maintained by OSD 23
and the Median landscape area. The General Manager of HOB ond the Director of Knott's have
requested that the City allow HOB and Knott's to take over the maintenance of the area currently
within OSD 23 and to continue the maintenance of the Median improvements. By negotioting a
contract with an independent landscope contractor, they con economize both entertainment
venues' operating expenditures. This will save HOB and Knott's approximately $10,000 per year
while potentially increasing overall maintenance standards.
The City has prepared the attached agreement to allow HOB and Knott's to manoge the
maintenance of OSD 23 and the Median. This agreement is for two years, with continuous one-
year extensions. Incorporated into the agreement are sofeguards to ensure that maintenance is
performed to City stondards. A precedent for this ogreement was estoblished in 1996 when the
City approved an agreement with the Olympic Committee's ARCO Training Center for the
landscape maintenonce of a portion of the East lake Maintenance District (reference Resolution
18528).
The associated changes to OSD 23 that would result from opproval of the attached agreement
have been discussed as part of the Open Space 2nd Public Hearing conducted earlier on this
agenda. Based on the build-out of the Otay Valley Road Redevelopment Project Area, there is
the possibility than an enhanced landscape median would be constructed from 1-805 east to
Nirvana Avenue, which could result in the formotion of a new assessment district. This could
present an opportunity to include the landscape median located between Nirvano Avenue and
Heritage Road in the assessment district, with costs equitably shared by all of the adjocent
praperly owners, including House of Blues and Knott's.
FISCAL IMPACT
HOB and Knott's will bear all costs associated with the maintenance of the landscape and
improvements within the Main Street median from Nirvana Avenue to Heritage Road. The fiscal
impact will be positive, since the properly owners will pay the utility costs for the median, which
are currently being paid by the City.
(
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PAGE 4, ITEM NO.:
MEETING DATE: 07/24/01
ATTACHMENTS
1. Exhibit of Existing OSD 23 and the Main Street Median
2. Proposed Agreement Between the City and House of Blues Concerts, Inc. and Knott's Sook
City U.S.A.
nCOMMDEY\STAFF.REP\07.1 O.Ol\LANDSCAPE MAINTENANCE HOB AND KNOTT'S.DOC 07/1712001 2,37 PM
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------ -----------.--
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND HOUSE OF BLUES CONCERTS, INC. AND
KNOTT'S SOAK CITY U.S.A. IN CHULA VISTA FOR LANDSCAPE
MAINTENANCE OF OPEN SPACE DISTRICT 23 AND THE MAIN
STREET MEDIAN BETWEEN NIRVANA AVENUE AND HERITAGE
ROAD
WHEREAS, House of Blues Concerts, Inc. (HOB) and Knott's Soak City U.S.A. (Knott's) in
Chula Vista are requesting the City to enter into an agreement to allow HOB and Knott's to maintain
1.4 acres of landscaping and improvements in Open Space District 23 and 1.02 acres of
landscaping and improvements within the Main Street median between Nirvana Avenue and
Heritage Road versus maintenance by the City or a City contractor; and
WHEREAS, Knott's and HOB are the oniy property owners/operators within Open Space
District 23; and
WHEREAS, the City has determined that the Knott's/HOB request is reasonable to save
costs and improve affected property owner//operators oversite and is therefore in the public
interests.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
does hereby approve an Agreement between the City of Chula Vista and House of Blues Concerts, Inc.
and Knott's Soak City U.S.A. for landscape maintenance, in substantially the form presented with such
minor modifications as may be required or approved by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized
and directed to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
,
John Lippitt
Director of Public Works
Chris Salomone
Director of Community Development
7
--- -.---- ..------ .-.---.
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
KNOTT'S SOAK CITY U.S.A. AND HOUSE OF BLUES CONCERTS,
INC. FOR LANDSCAPE MAINTENANCE
This Agreement is made and entered into this 24th day of July, 2001, by and between the
City of Chula Vista, a municipal corporation, ("CITY") AND Knott's Soak City U.S.A. ("KNOTT's")
and House of Blues Concerts, Inc. ("HOB") with reference to the following recitals:
WHEREAS, CITY and KNOTT'S and HOB are parties to Maintenance Assessment
District, Open Space District 23 ("ASSESSMENT DISTRICT"), recorded in the San Diego County
Recorder's Office as Document No. , regarding in part certain
improvements adjacent to Heritage Road;
WHEREAS, CITY and KNOTT'S and HOB are parties to a maintenance reimbursement
agreement ("REIMBURSEMENT AGREEMENT") regarding landscape and improvements within
the Main Street median between Nirvana Avenue and Heritage Road;
WHEREAS, the parties are in compliance with the requirements of the Assessment
District as to the improvements adjacent to Heritage Road;
WHEREAS, the parties have fulfilled the requirements of the Reimbursement Agreement
as to the landscape and improvements within the Main Street median between Nirvana Avenue
and Heritage Road;
WHEREAS, HOB has in its employ a commercial landscape contractor which has been
maintaining HOB property at and near Main Street and Heritage Road;
WHEREAS, KNOTT"S and HOB and CITY are concerned about the appearance and
continued maintenance of the Main Street and Heritage Road improvements; and
WHEREAS, KNOTT'S and HOB wish to continue at their expense the uniform
appearance and maintenance of the Main Street and Heritage Road improvements by means of
its landscape contractor and the CITY is amenable to such continuity.
NOW, THEREFORE, IT IS AGREED between the parties that:
1 KNOTT"S and HOB will retain the services of a commercial landscape company
("CONTRACTOR") at KNOTT"S and HOB sole cost and expense, to perform to and for the
primary benefit of CITY, landscape maintenance for that portion of the Main Street and Heritage
Road improvements as identified on Exhibit A attached hereto and incorporated herein ("CITY
PROPERTY").
2. The improvements to be maintained shall include the landscape, up-lighting, and
irrigation system improvements; the theme wall and entry monuments, including graffiti removal;
and the brow ditches within the open space lots. Maintenance includes repairing, removing, or
replacing all or any part to any improvement; lighting; irrigating; fertilizing, trimming, and replacing
dead or diseased landscaping; weed abatement; removing trimmings, trash, and litter; and
removing debris from the brow ditches. Maintenance shall also include payment of all utility bills
associated with the work described above.
3. KNOTT"S and HOB shall provide landscape maintenance for City Property
commencing as of the last date appearing on the attached signature page of this Agreement
through July 24, 2003, unless sooner terminated pursuant to the terms of this Agreement. The
parties may mutually agree to extend the term of this Agreement for continuous one year periods.
1
- _. .._-_.. "~'--"'----'---'-------------
4. The CITY may terminate this Agreement for any reason by giving specific 90 day
written notice to KNOTT'S and HOB.
5. KNOTT'S and HOB agree that Contractor, at KNOTT'S and HOB's supervision,
shall provide landscape maintenance in a professional manner, consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations. Regular and timely maintenance, servicing, repair and
replacement shall be performed to achieve this level of care.
6. Should the City's Director of Public Works ("DIRECTOR") reasonably determine
at any time that the landscape maintenance fails to meet the foregoing level of care or skill,
DIRECTOR may give KNOTT'S and HOB written Notice of Defect with 30 days from date of
receipt of such notice to cure the defective landscape maintenance. After expiration of such 30
days, should the landscape contractor's cure be deemed unacceptable or insufficient by
DIRECTOR, DIRECTOR will give KNOTI"S and HOB a written Second Notice of Defect to cure
such defect within 15 days of receipt thereof. On or after expiration of such 15 days, DIRECTOR
will determine whether the contractor's response to the Second Notice of Defect satisfactorily
cured the defect. If in the DIRECTOR's reasonable determination the defect has not been cured,
CITY may, without any further notice to KNOTI"S and HOB exercise all rights CITY has under
the Assessment District, including the right to amend the Open Space District 23 Assessment
District for the maintenance of City Property.
7. KNOTI"S and HOB agree to provide CITY within 30 days of KNOTI"S and
HOB's execution of this Agreement, written proof lhat Contractor has named "City of Chula Vista,
its appointed and elected officials and employees" as additional named insured on Contractor's
commercial general liability insurance. KNOTI"S and HOB agree that it will require Contractor to
maintain such coverage throughout the term of this Agreement and any extensions hereof.
8. In consideration thereof, CITY agrees to hold KNOTT'S and HOB harmless, and
defend and indemnify KNOTI"S and HOB against and from any and all claims, losses, and
damages arising out of the conduct of members of the public in their use and enjoyment of City
Property, except only for those claims arising from the negligence or willful misconduct of
KNOTT'S and HOB and Contractor, and their agents or employees.
9. KNOTI"S and HOB acknowledge and agree that CITY has no duty to and shall
not be required to compensate Contractor for work it performs. The parties agree that
performance under this Agreement may not be enforced by any person or entity not a party to this
Agreement.
Any written notices shall be directed as follows:
CITY: KNOTT'S:
Director of Public Works Knott's Soak City U.S.A.
City of Chula Vista 2050 Entertainment Center
276 Fourth Avenue Chula Vista, CA 91911
Chula Vista, CA 91910
HOB
House of Blues Concerts, Inc.
2052 Entertainment Circle
Chula Vista, CA 91911
2
7
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SIGNATURE PAGE TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND KNOTT'S
SOAK CITY U.S.A AND HOUSE OF BLUES CONCERTS, INC.
DATED: CITY OF CHULA VISTA
By:
DATED: KNOTT'S SOAK CITY U.S.A
By:
Print Name:
Title:
HOUSE OF BLUES CONCERTS, INC.
By:
Print Name:
Title:
J:\COMMOEVlLUKESIAGREEMENT LANDSCAPE MAINTENANCE HOB AND KNOTT'S.oOC 07/19/2001 11 :24 AM
3
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COUNCIL AGENDA STATEMENT
Item---.!L
Meeting Date 07/24/01
ITEM TITLE: Report on Implementation of a Traffic Capacity Enhancement Program for the
City of Chula Vista to Help Relieve Traffic Congestion and Maintain the City's
Growth Management Traffic Threshold Standard Prior to Completion ofSR-125.
Resolution Appropriating $200,000 From the Interim SR-125 DIF for
Engineering, Environmental, and Traffic Analysis Work For the Interim SR-125
Roadway Project
Resolution Approving Project Staffing and Processing Agreement
Between the City of Chula Vista and Brookfield Shea Otay LLC, The EastLake
Company, McMillin Otay Ranch LLC, Otay Project LP., and Approving Project
Staffing and Processing Agreement Between the City of Chula Vista and Pacific
Bay Homes, and Trimark Pacific Homes, and Authorizing the City Manager to to
Execute the Final Said Agreements
Resolution Waiving the Consultant Selection Policy and Approving a
Two Party Agreement Substantially in the Form Attached Between the City of
Chula Vista and McGill Martin & Self, Inc., for Project Management Services for
Various Traffic Roadway and I-80S Freeway Interchange Improvements, and
Authorizing the City Manager to Make Minor Amendments to Said Agreement
and Authorizing the City Manager to Execute the Final Said Agreement
Resolution Waiving the Consultant Selection Policy and Approving a
Two Party Agreement Substantially in the Form Attached between the City of
Chula Vista and Linscott Law & Greenspan for Traffic Modeling and Traffic
Analysis in Conjunction with Environmental Reviews for Various Traffic
Roadway and 1-805 Freeway Interchange Improvements, and Authorizing the
City Manager to Make Minor Amendments to Said Agreement and Authorizing
the City Manager to Execute the Final Said Agreement
Resolution Waiving the Consultant Selection Policy and Approving a
Two-Party Agreement Substantially in the Form Attached Between the City of
Chula Vista and RECON for Environmental Services for the Interim SR-125; and
approving a contract substantially in the form attached, between RECON, the City
of Chula Vista, Pacific Bay Homes, and Trimark Pacific for Environmental
Services for Improvements to I-805 and East "H" Street Interchange and Mt.
Miguel Road, and Authorizing the City Manager to Make Minor Amendments to
Said Agreements and Authorizing the City Manager to Execute the Final Said
Agreements
Resolution Waiving the Consultant Selection Policy and Approving a
Contract Substantially in the Form Attached, Between Dudek & Associates, the
City of Chula Vista, Brookfield Shea Otay, LLC, The EastLake Company, The
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Page 2, Item K
Meeting Date 7/24/01
McMillin Company, The Otay Ranch Company for Enviromnental Services for
Improvements to 1-805 and Telegraph Canyon Road Interchange and Paseo
Ranchero Extension, and Authorizing the City Manager to Make Minor
Amendments to Said Agreements and Authorizing the City Manager to Execute
the Final Said Agreement
SUBMITTED BY: Director of Public Works ,~
Director of Planning and Building
REVIEWED BY: City Manager (4/5ths Vote: YeslNo~
The purpose of this agenda statement is to present a comprehensive traffic capacity enhancement
package which will implement a program outlined to the City Council on May 31, 200 I. The objective
of the three part program is to address ongoing transportation issues in the City of Chula Vista prior to
the construction of SR-125. The focus is reducing traffic congestion, meeting the City's traffic
threshold standard while accommodating needed economic growth and development. In sum, making
sure that infrastructure and growth are in balance and the community's quality of life standards are
sustained.
RECOMMENDATION: That the City Council waive the consultant selection process and adopt the
Resolutions approving agreements with several consulting firms for sevices relating to six Eastern Chula
Vista Traffic Capacity Enhancement projects and approve a Project Staffing and Processing Agreement
with the major developers in the Eastern Territories to pay for said services including TDM and
enhanced monitoring; and authorizing the City Manager to execute said ageements on behalf of the city.
DISCUSSION:
ENVIRONMENT AL: The City's Environmental Review Coordinator has reviewed the item before
the City Council and has detennined that the approval of the Project Staffing and Processing
Agreements, Consultant Agreements and Contracts is not a project as defined by the California
Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA.
BACKGROUND:
On May 31,2001, the City Council had ajoint workshop with the Planning Commission and the Growth
Management Oversight Commission (GMOC). The purpose of the workshop was to review the
GMOC's annual threshold compliance report. One of the key thresholds was traffic and it was noted
that rapid growth and development in Eastern Chula Vista was starting to strain the capacity of existing
roadways resulting in added congestion and traffic delays. It was reported that a segment of Telegraph
Canyon Road is at the threshold limit during the peak period. In the short tenD, the first phase of
Olympic Parkway from Oleander to Paseo Ranchero has just opened and the remaining phases easterly
to the Olympic Training Center are being expeditied to be completed next year. This will help
tremendously to ease the flow of traffic from eastern Chula Vista to I-80S. A concerted effort is needed
however to focus on a variety of transportation facilities and techniques to maintain the City's threshold
standard and quality of life. As a result, the Council was presented with a three-pronged approach
involving enhancements to increase traffic capacity, techniques to reduce peak hour demand via
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Page 3, Item;;'5
Meetiug Date 7/24/01
1ransportation demand management, and a program for monitoring both development activity and traffic
levels of service to assure compliance with the City's Growth Management Ordinance.
In this report, staff proposes an action plan that will provide added traffic capacity and identifY a TDM
program. The City of Chula Vista has seen a consistent traffic volume increase east of I-80S for the past
several years. Traffic on some streets have seen more growth than others due to their relative location to
new development as well as their proximity to the I-80S freeway. The developers and City Staff have
expresed an interest in expediting six traffic capacity enhancement projects located in the eastern part of
the City.
During the first half of Year 2000, City Staff, recognized that traffic volumes were increasing on City
streets while prevailing speeds were declining. Planning and Engineering staff ran a series of annual
transportation models for the years 2001, 2002, 2003, 2004 and 2005. In June, 2000, Linscott, Law and
Greenspan (LLG), took these models and wrote a report entitled "Near Term Capacity Analysis of East
H Street and Telegraph Canyon Road, Chula Vista, California" in response to the City's request for a
review of the City's street network capacity, east of I-80S, during the pre-SR-125 time frame. The
report concluded that based on the traffic model results, Telegraph Canyon Road just east ofI-805 was
determined to be the "constraint" in the short tenn for eastern Chula Vista street system. Based on the
land use assumptions utilized in this study, the report forecasted that Telegraph Canyon Road will
exceed City Growth Management Oversight Commission (GMOC) Standards once 9,429 additional
dwelling units are constructed east of I-80S. The 9,429 dwelling unit count starts from January 2000.
As of July 1, 2001, 4,099 dwelling units have been finaled east of I-80S. The analysis assumed the
current completion scheduled for Olympic Parkway over the next two years. Steps are being taken to
expedite the completion of this roadway in 2002 instead of2003 as outlined below.
Accelerate the completion of Olympic Parkway. Olympic Parkway, from Oleander Avenue to Paseo
Ranchero, and Paseo Ranchero, from East Palomar Street to Olympic Parkway, opened to the public on
Saturday June 23, 2001. This constitutes completion of Phase I of the 6-lane Olympic Parkway
improvements. Presently, Phase I improvements would directly assist westbound morning commuters
from Sunbow, Otay Ranch Village One, Otay Ranch Village Five and Village One West who wish to
pass up the I-80S/Telegraph Canyon Road morning rush. Alternatively, motorists from South Chula
Vista destined to Southwestern College, Eastlake or other Eastern Chula Vista locations will also benefit
from these improvements. However, in order to make the morning commute on Olympic Parkway more
appealing to the maximum number of commuters, consequently reducing traffic on Telegraph Canyon
Road, the final phases of Olympic Parkway from Paseo Ranchero to Hunte Parkway should be
constructed as soon as practicable. Staff are working in concert with the Development Community to
expedite the overall completion schedule for Olympic Parkway from Paseo Ranchero east to Hunte
Parkway from its original planned completion date for the summer of 2003 to the summer of 2002. The
segment of Hunte Parkway to the Olympic Training Center was completed within the last 12 months.
The only improvement associated with Olympic Parkway that will remain after next summer (2002) will
be the freeway improvements to the Olympic Parkway/I-80S interchange, which is a City c.I.P. project.
This $21.5M CIP is being coordinated with Caltrans and is expected to commence construction in the
summer of 2002 with an estimated completion date of 2004.
Supporting analysis for this recommendation comes from recen1 traffic studies conducted by LLG,
where they have observed up to 30% of morning commuter traffic headed to southbound I-80S ramps
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Page 4, Item 18
Meeting Date 7/24/01
from East H Street and Telegraph Canyon Road. Staff feels another southerly access point would be
extremely attractive to southbound traffic, consequently reducing demand on Telegraph Canyon Road.
PROPOSED THREE PRONG ACTION PLAN FOR TRAFFIC CAPACITY ENHANCEMENTS
Traffic volumes have increased within the City of Chula Vista's streets while prevailing speeds are
declining. City staff and the Development Community are discussing existing and future traffic
conditions on the road network, east of I-80S and are exploring means to address these conditions.
Meetings have discussed options available to prevent or lessen future traffic impacts. In addition, the
developers were also briefed that recent TMP runs have indicated that threshold standards have been
reached on Telegraph Canyon Road. The developers and City Staff have expressed an interest in
expediting six traffic capacity enhancement projects located in the eastern part of the City (See
Attachment A) and TDM measures. This report discusses the proposed plan of action concerning the six
major projects to relieve traffic congestion and identification of a TDM program to avoid exceeding the
thresholds. '
City Staff is recommending the following three-prong approach to address the cited traffic issues:
A. Increase capacity of the City's existing roadway network east ofI-805.
B. Identify a Transportation Demand Management (TOM) program.
C. Promote and enhance the City's existing Development & Traffic Monitoring Program (TMP).
To realize the maximum benefit, all three of these actions should be initiated in concert. This combined
effort will lead to a system wide improvement to the City's traffic network.
Staff and Developers are reviewing ways to create an implementation team of City Staff and Consultants
with the goaJ of delivering timely results. Staff has recommended an organizational chart to define tasks
and responsibilities in order to ensure the timely and efficient completion of the first prong of the
program (See Attachment B).
Following is a more detailed description of each of the three parts.
A. TRAFFIC CAPACITY ENHANCEMENTS
The City's first response is a thorough investigation of a variety of measures meant to increase capacity
of City streets in an attempt to alleviate traffic pressures at critical links and intersections. To this point,
Staff has been investigating a variety of measures to widen roadways, improve intersections or
accelerate planned improvements as described below. Some, but not all of these measures, have been
tested utilizing SANDAG's TRANPLAN traffic modeling software. In concert with the traffic
engineering consultant firm of Linscott, Law and Greenspan (LLG), the City has been running models
for different options and has shared the results with the Traffic Consultants hired by the Developers.
For each of the Traffic Capacity Enhancement projects, an estimated range of costs for the
environmental documentation has been identified in order to allow the Council to consider those costs
and authorize the City Manager to award contracts. An Initial Study will be conducted for each of the
projects. Depending on the results of the Initial Study, the appropriate environmental document will be
prepared and processed in accordance with the California Environmental Quality Act (CEQA). If it is
Page 5, Item &
Meeting Date 7/24/01
determined that a Negative Declaration is the appropriate environmental document, the estimated costs
would be at the lower end of the range. If, on the other hand, the results of the Initial Study indicate that
an Environmental Impact Report should be prepared, the costs would be at the higher end of the range.
These costs would include any necessary environmental clearances that may be needed from other
Federal and/or State agencies. Staff will work with the selected consultant to refine the costs as part of
the contract negotiations. Contracts would be negotiated and executed over the next 30-60 days.
Staff is proposing to use the environmental services of two different consulting firms, RECON and
DUDEK and Associates, Inc. (DUDEK) for the projects, with the exception of the East Palomar/I-80S
Interchange project that is currently under contract. RECON is very familiar with environmental issues
affecting the City of Chula Vista, particularly in the eastern territories. Most recently, RECON has
completed the Eastlake III EIR for the City. Over the last several years, RECON has also completed the
Mitigated Negative Declaration for Leviton and the EIR for Eastlake Trails. DUDEK is also very
familiar with issues relative to the City of Chula Vista. DUDEK recently completed the EIR for the Salt
Creek Sewer, and will be preparing the Wolf Canyon Sewer EIR. In addition, DUDEK has extensive
experience with projects in the Otay Ranch area and with other large City projects. Both firms have a
demonstrated knowledge of issues facing the City, are familiar with the City's review process, and are
available to prepare the documents on an expedited schedule.
The expedited processing of the environmental documentation will facilitate the overall process to
ensure that the roadway facilities are in place within the timeframe needed to maintain the threshold
standards and quality of life. A key element of this report is to expedite all projects in order to maintain
threshold compliance. The consultants proposed have worked together as a team and have demonstrated
that they can work faster due to their knowledge of the projects and work efficiently with City staff and
meet the requirements of the City's procedures, policies and staff.
1. I-805/East H Street Interchange Improvements. East H Street between I-80S and Hidden
Vista Drive is presently exhibiting potential for conflict with the GMOC thresholds in the near future.
There are two enhancements proposed at this interchange: an additional westbound lane onto
northbound I-80S and an additional eastbound lane in the vicinity of the northbound off-ramp. These
two enhancements will improve traffic flow during the morning and afternoon peak periods. The
westbound project is proposed to be funded by the developers. The eastbound improvement project is a
CIP project (STM-340) and is presently described as work east of the northbound off-ramp only, along
the frontage of the shopping center. The extension of a third eastbound through lane would provide
relief in the PM Peak Hour for returning commuters. The roadway geometrics will need to be analyzed
with Caltrans.
Westbound: The proposed project involves the widening of East H Street, approximately 300 feet east
of Hidden Vista Drive along East H Street to I-80S, from three to four westbound lanes. The project
area is surrounded by commercial developments on the south side and multi-family residential
development along the north side and includes an existing varying Right-of-Way (ROW) width from
128 to 136 feet. There is currently only one westbound right-turn lane onto northbound I-80S. The
proposed configuration of East H Street could increase the ROW by approximately 12 to 20 feet in order
to provide two westbound dedicated right-turn only lanes approximately 300 feet east of Hidden Vista
Drive along East H Street to the northbound on-ramp and would transition to three on-ramp lanes. The
northbound on-ramps would transition to a separate future Caltrans ramp widening and ramp metering
project resulting in two-metered lanes and one diamond (carpool) lane.
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Page 6, Item &
Meeting Date 7/24/01
The ramp widening and metering project that is proposed by Caltrans for the existing five I-80S
interchanges within Chula Vista, at Bonita Road, East H Street, Telegraph Canyon Road, Olympic
Parkway and Main Street. Although this Caltrans project is currently not funded by SANDAG and is
also not being funded by the developers, in February 2001, Caltrans approved the Project Study Report
and is expecting to approve the Project Report this August.
Eastbound: In the opposite direction, an additional dedicated eastbound through lane would be
constructed just east of the northbound off-ramp for I-80S at East H Street. The lane improvements for
the eastbound direction are approximately 500 feet in length. The proposed width would match the
existing eastbound cross-section, just east of the first shopping center driveway, where there are 3
through lanes in existence. Curb, gutter, and sidewalk facilities within the project site would be
realigned to line up with similar facilities to the east and west. This widening will require additional
ROW within Caltrans and the relocation of a traffic signal and other utilities. The eastbound roadway
widening east ofI-805 is a CIP project STM-340 with a cost estimate of$160,000. If there is additional
work required west of the northbound off-ramp, staff will have to revise the cost estimate and coordinate
with Caltrans for geometric approval of the proposed shared eastbound through-northbound on-ramp
right turn lane.
The environmental document for the I-805/East "H" Street Interchange Improvement is proposed to be
completed by the consultant firm ofRECON. An environmental Initial Study will be required to assess
potential environmental impacts relative to the proposed street widening and other associated
improvements. The traffic assessment, prepared by Linscott, Law and Greenspan will form the basis of
1he analysis of traffic impacts and improvements. Additional technical studies, such as noise, air quality
and geotechnical, may be necessary. Costs for the preparation of the environmental document are
estimated to range between $30,000 and $150,000. The costs for the traffic studies are estimated at
$19,000 plus contingencies.
2. Add a westbound to northbound right-turn lane on Telegraph Canyon Road at the 1-805
interchange. The proposed project involves the widening of Telegraph Canyon Road, by
approximately 20 feet from I-80S to a point approximately 500 feet east of Halecrest Drive. The
improvements along Telegraph Canyon Road would provide three to four-lanes and construction of an
additional lane on the northbound on-ramp off Telegraph Canyon Road within the City of Chula Vista.
Telegraph Canyon Road between 1-805 and Medical Center Drive has recently been measured and is at
its upper most GMOC threshold limit (two hours of LOS D). This improvement will lead to an
improved traffic flow for westbound traffic in the morning peak period. The geometry of the
improvement would add an additional lane to revise the existing three westbound lanes (One through,
one shared through-right turn, one righI-turn) 10 provide for two westbound through lanes plus two
exclusive right turn lanes onto the I-80S northbound on-ramp. This improvement is also important in
the long term since Caltrans is planning to install ramp meters in the future. The project area is
surrounded by commercial and multi-family residential development.
The proposed width of Telegraph Canyon Road along this area varies but could increase by up to 24 feet
in order to provide an additional westbound lane and maintain/provide the bike lane, a sidewalk and a
parkway. The northbound on-ramps to I-80S would include the construction of an additional meter lane,
resulting in two-meter lanes and one diamond (carpool) lane.
Page 7, Item /8
Meeting Date 7/24/01
Two existing gas stations may need to be relocated, or reconfigured, or acquired east of the I-80S
northbound on-ramps to construct the additional westbound lane(s). Overhead electrical utilities along
the frontages of these two parcels may also need to be removed and relocated. Project grading may
require additional ROW for the widening of Halecrest Drive to accommodate a second right turn only
lane onto westbound Telegraph Canyon Road. Depending upon final design requirements, the project
may also require the capping of an existing trapezoidal concrete channel structure. This may be
accomplished by the piping of the channel or constructing a structural concrete cap over the channel. It
is anticipated that certain permits may be required from Regional Water Quality Control Board
(RWQCB), California Department of Fish and Game (CDF&G) and possibly the Army Corps of
Engineers for this work.
These improvements would lead to an improved traffic flow to accommodate projected traffic volumes
within the site through build out (Year 2020) at an acceptable level of service. With these
enhancements, westbound traffic in the morning peak period would be improved.
The enviromnental document for the improvements to Telegraph Canyon Road is proposed to be
completed by the consultant firm of DUDEK. An Initial Study will be required to assess potential
enviromnental impacts relative to the proposed street widening and other associated improvements. The
traffic assessment, prepared by Linscott, Law and Greenspan will form the basis of the analysis of traffic
impacts and improvements. Additional technical studies, to address issues such as noise, air quality and
biological, may be necessary. Costs for the preparation of the environmental document are estimated to
range between $30,000 and $150,000. Traffic studies for this project are estimated at $19,000 plus
contingencies.
3. Accelerate the construction of half-diamond interchange at 1-805 and East Palomar Street.
The proposed project involves the construction of a half-interchange at I-80S and East Palomar Street.
The proposed configuration of the half-interchange could include a total additional ROW width of
approximately 150 feet (75-feet on each side ofI-805) at the intersection of East Palomar Street and the
new on/off ramps, (4-lanes - 2 northbound and 2 southbound). The proposed ramp width would be 28-
feet wide, with an 8-foot wide asphalt paved shoulder. Curb, gutter, and sidewalk facilities within the
project site would be realigned to line up with similar facilities to the east and west. The project area is
entirely within existing developed areas.
Although this improvement is in the City's General Plan, it is presently planned for construction in
Fiscal Year 04/05 or later. With its accelerated completion, it would provide the sixth access point to 1-
805 within Chula Vista for morning and evening commuters thereby reducing demand primarily on
Olympic Parkway, Telegraph Canyon Road, and East H Street. Commensurate reductions would also
be expected at Bonita Road and Main Street interchanges. There are a number of significant issues to be
resolved with Caltrans concerning the viability and implementation of this project.
As part of the Rick Engineering contract, Helix EnviromnentaliPlanning Inc., has been retained to
prepare a Project Enviromnental Assessment Report (PEAR). The PEAR will identifY and provide
preliminary enviromnental analysis regarding conceptual project enviromnental constraints (i.e.,
hazardous materials, archeological/cultural, biology, noise, aesthetics, air quality, and right-of-way).
The PEAR will provide information that will be the basis for the Initial Study. Once the PEAR is
completed, an amendment to the existing contract between the City and Rick Engineering will be
necessary. Additional costs for the preparation of the environmental document are estimated to range
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Page 8, Item I ~
Meeting Date 7/24/01
between $50,000 and $150,000. Staff will work with the selected consultant to refine the costs as part of
the future contract negotiations.
The estimated costs for additional traffic studies beyond those needed by Rick Engineering Company
are $17,000 plus contingencies.
Status
This project is currently in the 'project development' phase within Caltrans. The City is
under contract to Smith & Kempton and Rick Engineering to provide project development
and conceptual engineering services.
Proposed Work Program/Schedule
Discussions are currently under way within the project team regarding the timing of proceeding with the
PEAR immediately and expediting the processing of the project. Additional meetings with Caltrans are
also scheduled in the near future. The proposed schedule is as follows:
July 15,2001 Proceed with preparation of the PEAR
September I, 2001 Submit Draft PEAR to Caltrans
October 1, 2001 Caltrans Review comments back
October 15, 200 I Submit Final PEAR to Caltrans
4. Accelerate construction of Paseo Ranchero as a 2, 3, or 4-lane facility between Olympic
Parkway and Maiu Street. Vehicular flow to the south would be enhanced with this facility. The
proposed alignment traverses the westerly portion of Otay Ranch along Village 2 and Village 3 and
several ownerships and also entails significant environmental review.
The proposed project involves the construction of an approximate 2-mile extension of Paseo Ranchero
from Olympic Parkway to Main Street. Initially, this road would be constructed as a 2 to 4-lane facility.
The City of Chula Vista General Plan Circulation Element, based on average daily traffic (ADT) and
LOS projections, identifies this portion of the road as a 6-lane prime arterial facility at build out (Year
2020). The ultimate configuration of Paseo Ranchero could include a total ROW width of
approximately 128 feet for 6 lanes. The project area is currently plauned for residential use.
Vehicular flow to the south would be enhanced with this facility since it would divert additional traffic
from Olympic Parkway and Telegraph Canyon Road. Recent traffic studies conducted by LLG reveal
that there is approximately 30% of morning commuter traffic headed to the south and providing another
access point to the south can improve traffic congestion at other Chula Vista/I-80S interchanges.
The environmental document for the extension of Paseo Ranchero is proposed to be completed by the
consultant firm of DUDEK and Associates, Inc. Paseo Ranchero has been evaluated at a general
planning level as part of the Otay Ranch General Development Plan Program EIR. Subsequent
environmental review will be tiered from the Program ErR. An Initial Study will be conducted to focus
on the potentia] environmental impacts relative to the 2-mile extension of this road. A project level EIR
will likely be prepared for this traffic capacity enhancement project. The traffic assessment, prepared by
Linscott, Law and Greenspan will form the basis of the analysis of traffic impacts and improvements.
I
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Page 9, Item K
Meeting Date 7/24/01
Additional technical studies, to address issues such as biological resources, cultural resources, noise, air
quality, and public facilities will likely need to be completed. It is estimated that preparation of a project
level ErR could range up to $150,000. The traffic studies are estimated to cost $11,500 plus
contmgencles.
5. Mount Miguel Road Final Design. The proposed project would extend westerly from the
initial I-mile segment that begins at the southeasterly portion of the San Miguel Ranch subdivision and
1erminates to the east of the SR-125 corridor. This project commences several hundred feet east ofSR-
125 and would traverse westerly through the SR-125 corridor and provide the 0.75-mile final extension
westward of Mount Miguel Road to its westerly terminus at the San Miguel Ranch subdivision boundary
to intersect with Proctor Valley Road. Curb, gutter, and sidewalk facilities within the project site would
be realigned to line up with similar facilities along the alignment. The project area consists of
undeveloped land. The entire frontage of this roadway is planned to be developed for residential use
within the San Miguel Ranch project.
Mount Miguel Road would intersect the proposed SR-125 South Toll Road or Interim SR-125 facility.
The City of Chula Vista General Plan Circulation Element, based on average daily traffic (ADT) and
LOS projections, identifies this portion of the road as a 4-lane arterial facility at build out (2020). The
proposed configuration of Mount Miguel Road includes a total ROW width of approximately 94 feet,
with 4-through lanes, two in each direction. The proposed curb-to-curb width would be 74 feet wide,
with a 10-foot wide parkway and a landscape buffer easement on either side of the roadway.
The environmental document for the final design of Mount Miguel Road is proposed to be completed by
the consultant firm of RECON. Although Mount Miguel Road was previously analyzed in the
environmental documents prepared for San Miguel Ranch, the construction of the road was anticipated
to occur subsequent to the construction of SR-125. An environmental Initial Study will be required to
evaluate potential environmental impacts relative to the accelerated construction of the road westward to
its intersection with Proctor Valley Road. The traffic assessment, prepared by Linscott, Law and
Greenspan will form the basis of the analysis of traffic impacts and improvements. The primary
environmenta1 issue will likely be the off-site effects of providing the road segment earlier than
previously analyzed. Updated technical reports, to address issues such as noise, air quality and
biological resources, may also be necessary. The costs are estimated to range between $50,000 and
$150,000. Traffic studies are estimated at $20,500 plus contingencies.
6. Interim SR-125 Alternatives. Due to a wide variety of financial, engineering, environmental,
and inter-jurisdictional issues associated with these alternatives, several improvements known as Interim
SR-125 improvements were examined. Each alternative has its own set of assumptions and aligrunents.
Some alignment assumptions included utilizing proposed SR-125 R.O.W and some options relied
extensively on existing City streets, such as using Proctor Valley Road and East H Street as part of the
alignment. What appears at this point, the most desirable alternative would include the SANDAG
funded "CONNECTOR" from the Sweetwater Valley connecting to a 4-6 lane surface roadway within
the SR-125 ROW.
The proposed project involves the construction of what is known as the 4-mile Interim SR-125 facility.
This facility would be constructed from just northerly of the Chula Vista City limits at San Miguel
Ranch south to the future Olympic Parkway. The proposed project is a planned facility identified in the
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Page 10, Item
Meeting Date 7/24/01
City of Chula Vista draft MSCP preserve and General Plan. The project area would traverse both
developed and undeveloped areas.
The project will consist of a 4-6 lane arterial roadway with at-grade signalized intersections at the major
roadway crossings. Each northbound/southbound section will consist of 28- feet of paved surface, a 4-
foot paved shoulder on the No. I lane and an 8-foot paved shoulder on the No.2 lane. The northern
terminus of the roadway will connect to the SR-125 'Connector' fÌeeway (a 6-lane freeway facility) at
San Miguel Road. The southern terminus of this project will be at the intersection of Olympic Parkway.
The environmental document for the Interim SR-125 Alternatives is proposed to be completed by the
consultant firm of RECON. An environmental Initial Study for the interim facility will be required to
assess potential environmental impacts relative to the proposed improvements. The Final EIR/EIS
prepared for the SR-125 facility will be evaluated and information from that document will be utilized to
the extent possible. The traffic assessment, prepared by Linscott, Law and Greenspan will form the basis
of the analysis of interim traffic impacts and improvements. 'Additional technical studies, to address
issues such as noise, air quality, biological resources and geotechnical, may be necessary. Costs for the
preparation of the enviromnental document are estimated to range up to $150,000. The traffic studies
are estimated to cost $18,000 plus contingencies. These costs will be paid from the City's Interim SR-
125 DIF, initially in an amount of $200,000 per the consensus of the developers and City staff.
City staff is currently working on processing an amendment to' the Interim SR-125 DIF fee. The
proposal would move some of these projects from the TDIF to the Interim SR-125 DIF fee. All costs
incurred by the developers could be provided as a credit to the developers. If this action is approved by
Council in the future, the City Engineer could then provide a letter to the developers stating that once the
funds are expended, the developers will be reimbursed as they incur costs, not once the projects are
completed.
B. CONSULTANT SERVICES
Project Management services for five of the six traffic capacity enhancement projects will be conducted
by the firm of McGill Martin and Self Inc., (MMS). The project at East Palomar Street/I-80S is under
contract with Rick Engineering Company. MMS has submitted a project management scope of work
proposal for $30,000 a month for a duration of 12 months at a cost of $360,000. The City Manager will
be authorized to extend this contract for a period not to exceed six additional months at a cost of
$180,000 for a total contract cost of $540,000. If it is deemed necessary to extend this contract, the staff
will bring a report to City Council requesting a contract extension. The total fees paid to McGill Martin
Self, Inc., on all City projects for the twelve month period of July 1, 2000 through June 30, 2001 is
$1,053,142.27. Most of these fees paid were for their work on Olympic Parkway and Salt Creek Trunk
Sewer projects.
With the exception of the East Palomar/I-80S Interchange project that is currently under contract, City
staff is proposing to use the project management services of MMS for the projects. MMS is very
familiar with engineering and environmental issues affecting the City of Chula Vista, particularly in the
eastern territories. Most recently, MMS has worked on the Olympic Parkway project and the Salt Creek
Sewer project for the City. Over the last several years, MMS has also completed engineering auditing
services and plan checking services for the City. MMS is also very familiar with issues relative to the
City of Chula Vista. MMS will also be the project manager for the Wolf Canyon Sewer EIR. In
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Page 11, Item /8
Meeting Date 7/24/01
addition, MMS has extensive experience with projects in the Otay Ranch area and with other large City
projects. MMS has demonstrated knowledge of issues facing the City, is familiar with the City's review
process, and is available to prepare the documents on an expedited schedule.
Traffic Engineering consultant services are proposed by the firm of Linscott, Law & Greenspan (LLG).
A proposal submitted by LLG totals $135,000 for the six projects. Traffic Engineering services for the
East Palomar Street/I-80S interchange total $17,000 of the $135,000 and it is anticipated that this work
should not be needed since Rick Engineering's sub consultant Urban Systems is contracted for that
particular project. LLG will only work on the East Palomar Street interchange project if there are
unique traffic studies not previously identified with the scope of services with Rick Engineering
Company.
LLG is familiar with traffic issues affecting the City of Chula Vista, particularly in the eastern
territories. Most recently, LLG has completed the EIRs for several major land development projects
(Otay Ranch Villages 6 & II, EastLake Trails & Eastlake III) for the City and numerous traffic studies
such as special analysis for Telegraph Canyon Road and East H Street under a number of
building/infrastructure scenarios. LLG has performed well when previously used by the City of Chula
Vista and they have experience in the area where their services are needed. LLG has also conducted
traffic modeling services and other professional services with good results for Rolling Hills Ranch, as
one example. LLG is also very familiar with issues relative to the City of Chula Vista. LLG has
demonstrated knowledge of issues facing the City, is familiar with the City's review process, and is
available to conduct these specialized traffic studies on an expedited schedule. The total fees paid to
LLG, on all City projects for the twelve-month period of July I, 2000 through June 30, 2001 is
$18,620.57. Most of these fees paid were for their work on Traffic Modeling Services.
Staff is proposing to use the environmental services of two different consulting firms, RECON and
DUDEK and Associates, Inc. (DUDEK) for the projects, with the exception of the East Palomar/I-80S
Interchange project that is currently under contract. RECON is familiar with environmental issues
affecting the City of Chula Vista, particularly in the eastern territories. Most recently, RECON has
completed the EastLake III EIR for the City. Over the last several years, RECON has also completed
the Mitigated Negative Declaration for Leviton and the ErR for EastLake Trails. DUDEK is also very
familiar with issues relative to the City ofChula Vista. DUDEK recently completed the EIR for the Salt
Creek Sewer, and will be preparing the Wolf Canyon Sewer EIR. In addition, DUDEK has extensive
experience with projects in the Otay Ranch area and with other large City projects. Both firms have a
demonstrated knowledge of issues facing the City, are familiar with the City's review process, and are
available to prepare the documents on an expedited schedule. The total fees paid to DUDEK, on all City
projects for the twelve-month period of July 1,2000 through June 30, 2001 is $730,216.10. Most of
these fees paid were for their work on Salt Creek Trunk Sewer Project. The total fees paid to RECON,
on all City projects for the twelve-month period of July 1,2000 through June 30, 2001 is $236,412.03.
Most of these fees paid were for their work on Development Projects with the Planning & Building
Department.
A draft of all of the consultant's contracts are attached hereto and are in substantially their final form.
Note that the contracts are the standard City consultant contracts. Because the final details have not
been completed, it is staffs recommendation that the City Council approve the contracts in substantially
the form attached, authorize the City Manager to make minor changes to the contracts with the City
Attorney's approval and authorize the City Manager to execute the contracts on behalf of the City.
I
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Page 12, Item &
Meeting Date 7/24/01
The expedited schedule is needed due to the longer lead-time on project approvals with Caltrans and
possibly the County of San Diego. In order to meet the threshold standards at the current rate of
development, an expedited schedule is needed so that facilities are completed in time to avoid exceeding
the traffic threshold standards. It is anticipated that some of the projects will be finished earlier than
others due to the number of issues to be resolved, but nonetheless, staff will be pursuing the completion
of all of these projects as quickly as possible. The involvement of all of the above mentioned
consultants, due to their familiarity with the issues, are essential for accomplishing the goals and
objectives within the proposed timeline.
The City and the developers have historically used these firms on projects and are pleased with the
consultants work results. Based on their past performance and understanding of the complex issues and
their relation to the City's threshold impacts, the extensive cumulative knowledge of the City's issues
related to the major development projects and solid reputation of these firms, staff is recommending that
the City Council waive the consultant selection process of Municipal Code Section 2.56.070 as
impractical and potentially detrimental to the project's time lines for the above mentioned consulting
firms. The consultants proposed have worked together as a team and have demonstrated that they have
knowledge of the projects to allow them to do the work faster and work as an efficient team with an
ability to work in concert with City staff and meet the requirements of the City's procedures, policies
and staff. Based on the above facts, it is staffs recommendation that it is in the City's best interest to
waive the consultant selection process and retain the services of the consultants.
Processing Agreement
In order to collect funds to pay the various consultants, project managers and staff for this total effort,
processing agreements are proposed with six master developers. The parties to these agreements are as
follows: Brookfield/Shea, EastLake, McMillin, Otay Ranch Company, Pacific Bay, and Trimark. These
agreements are typical, with some minor modifications, of the standard agreement the City enters into
with developers when they begin a new project. The agreement requires a deposit of funds to be paid
out against invoiced expenditures as project work progresses. Periodically, the deposit needs to be
replenished as funds are drawn down.
C. TRANSPORTATION DEMAND MANAGEMENT (TDM)
The second prong of the City's program is TDM. Capacity enhancements, as just described, act to
accommodate more vehicles. TDM is a set of techniques that seek to lower traffic congestion by taking
vehicles off the road during peak travel periods. This is accomplished in two ways:
. Changing the time of travel, and
. Changing the mode of travel
Travel Time
Travel time change is a proven technique to implement TDM. It just takes an employer/institution
(schools, government agencies, hospitals) to allow or require employees to come to work earlier -
before the peak or later - after the peak, and leave work accordingly. In addition, in situations like
schools and hospitals, such institutions can alter their time of operation to avoid creating travel demand
at peak periods.
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Page 13, Item J ð
Meeting Date 7/24/01
Another form is for businesses to offer telecommuting for their employees on one or more days a week.
Naturally, not all jobs will lend themselves to this approach, but some may. Computer programmers and
report writers are examples of jobs where telecommuting may work.
Travel Mode
Changing the mode of travel is getting the lone rider to walk or bike, or to have greater than one person
per vehicle which can be in a carpool, vanpool or bus. One incentive for doing this may include, for
those opting to car/van pool or by bus, a guaranteed ride home in case of an emergency. In this event
the TDM manager will have an agreement with say a cab company, who will be on-call to do a pick-up
and drop-off.
Financial incentives to participate in TDM can take many forms, from discounted or free bus passes,
discounts from local merchants, gas vouchers, providing a free or reduced cost van, where the driver
mayor may not be responsible for paying operating costs, to direct cash payments.
Current Proposed Program
Our approach has three steps, I) defining what makes the most sense in what TDM programs to offer, 2)
develop and execute an implementation program and 3) promote these programs with businesses and
institutions.
Defining What Makes Sense
In determining what makes sense we are first asking the individual what if any form of TDM they find
reasonable, and what aspects of a potential program are important.
There are two initiatives to gather information at the individual level. The first is an "in-house" survey
of the more than 270 City ofChula Vista employees that live in eastern Chula Vista. The results of this
survey will be used to help craft City policy as to flex time and what appropriate TDM models have the
greatest chance of success to work with employees.
The second initiative is to conduct a random sample telephone survey of between 400 and 500 eastern
Chula Vista residents. This survey will produce a broad community profile and lead to an analysis of
what TDM measures may best succeed. The City will work with SANDAG, and a consultant
specializing in TDM, to develop the survey instrument. SANDAG will subcontract for the execution of
the survey, and all parties will participate in the analysis of the results,
With the findings from both surveys a set of TDM measures will be identified as the most appropriate
measures to pursue that will attract the most riders and be cost effective. From this list, a detailed
funding and implementation program will be developed. This will constitute a second phase in our
work with a TDM consulting specialist. An estimated range for the cost of consulting services to
develop the implementation guidelines and program costs is between $5,000 and $15,000; the exact
amount will depend upon which and how many TDM measures are selected.
I /
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Page 14, Item /8'
Meeting Date 7/24/01
Implementation
It is anticipated that the TDM program will be brought forward in steps as the results of the surveys and
their respective analyses are completed. Actual implementation regarding "in-house" policy stemming
from analysis of the City staff survey may begin as early as September 2001. The results of the
SANDAG assisted household survey will be shared as part of our business outreach program in the Fall
of 200 I. At this point the acceptability of the proposed TDM measures to businesses will be assessed.
These efforts will culminate in a set of detailed TDM programs. Identification of the TDM programs
will lead to Phase 2, which is the corresponding detailed implementation program that will include: a
proposed administrative organization, system operating and management budget, and estimated impacts.
Phase 2 should be completed by November or December 2001.
The SANDAG contract cost is estimated at $32,500 (See Attachment C). TMS Phase I contract at
$5,000 and Phase 2 at $5,000 to $15,000 (See Attachment D). The estimated staffing costs are provided
in Table I and total an estimated $45,000.
1. TRANSPORTATION DEMAND MANAGEMENT (TDM) - STAFFING NEEDS
TABLE I
Traffic Enhancement Program - TOM
City Staffing Cost Estimate
Total FCR Rate Cost
Planning Division
Principal Planner (Adv. Pl.) 115 $122.60 $14,099.00
Associate Planner (Adv. Pl.) 225 $85.60 $19,260.00
Subtotal $33,359.00
Engineering Division
Senior Civil Engineer 32 $132.52 $4,240.64
Assistant Engineer 18 $100.18 $1,803.24
Subtotal $6,043.88
Administration
Senior Management Analyst 80 $74.60 $5,968.00
Subtotal $5,968.00
Total $45,370.88
D. DEVELOPMENT AND TRAFFIC MONITORING AND REPORTING
The third prong of the proposed effort involves enhanced monitoring and reporting of:
1. The amount of development at the various stages of review and construction, and
I
Page 15, Item
Meeting Date 7/24/01
2. Amount of traffic and level-of-service (LOS) ratings on the major streets in eastern Chula
Vista.
The monitoring is intended to keep close watch over the amount of development in relation to the
approximately 9400 dwelling units discussed earlier in this report, and the relationship of continued
construction to changes in LOS conditions on the streets. Together, they will comprise an effective
early warning of any impending traffic threshold violation.
During this period there are a number of factors that could directly affect the amount of capacity
remaining in the street system at this time, and influence whether there is a need for a permit allocation
system or other steps to moderate the rate of development. Those are:
1. The actual effect of the opening of Olympic Parkway on eastern Chula Vista traffic
patterns.
2. The effect of potential TDM programs on peak hour traffic volumes.
3. The effect of potential capacity adding improvements to the street system.
4. The effect of the economy on slowing the rate of development.
5. The timing for permitting and construction ofSR-125.
Based on the above, it is Staffs position that the most prudent action at this time is to establish an
enhanced development and traffic monitoring effort. Should mònitoring indicate any problems, staff
will return to Council outlining further steps and implementation options.
Following is a description of the two monitoring program components.
Development Monitoring and Reporting System
Staff is near completion of an integrated computer database system. This has involved the Departments
of Planning and Building, Engineering, Management Information Systems, with ongoing consultant
support. When the enhanced monitoring system is completed reports can be created on demand to show
the processing and construction status of each neighborhood within each of the major development
projects in eastern Chula Vista. The reports include the level of Tentative and Final Subdivision Map
activity, as well as activity levels for plan check, building permit issuance and construction completion.
In addition, the capacity to produce maps illustrating these criteria will be created. Normal staff and
consultant services for development monitoring is paid via the Transportation Development Impact Fee
(TDIF). Setting up the "Enhanced" monitoring system represents a unique one time expenditure directly
related to the City's response to dealing with the current traffic concerns. None of the consultant firms
mentioned earlier in the report are expected to work on the Development Monitoring and Reporting
System.
This development status information wil1 be used in conjunction with the information from the periodic
monitoring of actual traffic volumes on the street system as discussed below. Together the information
will al1ow staff to monitor the relationship between ongoing development and changes in traffic levels
and patterns in eastern Chula Vista. Staff intends to present the results of the monitoring to Council on a
periodic basis. The next report will likely be in late summer/early fall as discussed below.
-......- - --_. . --...-.
Page 16, Item
Meeting Date 7/24/01
Implementation
Traffic monitoring was performed in May 2001 to determine the level of service prior to the June 23rd
opening of Olympic Parkway. The latest results indicate that Telegraph Canyon Road has reached its
thresholds limits of two hours of LOS D. Traffic monitoring will continue during the period when
Southwestern Community College is not in regular session and before summer school restarts on June 8,
2001. This analysis will determine the effect of traffic generated by Southwestern Community College.
Those results will be reported as soon as they become available.
Monitoring development at the various stages of approvals, review, construction, through being finaled
is an ongoing function. However, due to the current situation there is the need to increase precision,
create the capacity for daily updates, and to map development trends. To develop this capacity involves
establishing new data management systems and procedures. Staff costs over the next 3 months are
estimated about $54,000 plus consultant costs of $12,000 for a total of about $66,000. These costs will
be paid for out of the TDIF.
Traffic Monitoring Program (TMP) and Threshold LOS Evaluations
The City will continue to conduct the annual traffic monitoring program which provides travel time
studies on critical segments of the street system to determine whether or not they comply with threshold
standards. The information obtained is then used in the annual report to the Growth Management
Oversight Commission (GMOC) to comply with the growth management ordinance.
E. CONCLUSIONS/NEXT STEPS
In order to implement the three-prong approach the following actions will be taken:
1. Staff to return to City Council with the results of the latest monitoring conclusions. The
City will continue monitoring Telegraph Canyon Road as well as East H Street in an
attempt to garner future traffic data. The monitoring program will resume in October
2001 after Olympic Parkway has been in operation for some time and all schools are back
m sesSIOn.
2. Staff report on the initial results of cost/benefit analysis for the roadway improvement
proposals listed section A, Capacity Enhancements above.
3. Staff to report back in the fall of200l on the results ofthe TOM survey and next steps.
F. FISCAL IMP ACT
The development community will provide the upfront funding necessary to carry out the action plan
(See Attachment E). Funding for the "soft" costs (environmental analysis, preliminary engineering,
ROW, design, etc.) and the construction costs for the improvements described above will come from
several sources.
Interim SR-125 Facility - All costs associated with the environmental analysis for an interim SR-125
facility will come from the City's Interim SR-125 Development Impact Fee fund. The costs to perform
the preliminary engineering studies will be borne by the development community. In the event that an
interim SR-125 facility is constmcted in the future, engineering costs, if deemed applicable by the City
I 1(P
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Page 17, Item J1L
Meeting Date 7/24/01
Engineer, shall be credited against the funding party's Interim SR-125 DIF. It is estimated that the
environmental analysis effort for the Interim SR-125 facility will be approximately $150,000. This
amount should be obligated from the Interim SR-125 DIF fund. The cost to construct an Interim SR-125
facility will be funded by the Interim SR -125 D IF. Per the developers and City staff, it has been decided
that funding for the initial phase of this project will be capped at an amount not to exceed $200,000. It
is anticipated that these funds will be sufficient for this project to complete approximately half of the
environmental analysis and other related work for approximately 6 months. If there is consensus from
the deve10pers and the City to continue to pursue completion of this project, staff will bring another
report to Council in early 2002 with additional information and scope of work.
Remaining Facilities (East H Street/I-80S, Telegraph Canyon Road/I-80S, Mt. Miguel Road, Paseo
Ranchero Extension) - The development community will provide the funding for all of the "soft" costs
associated with these projects. This will be accomplished via the Staffing and Processing Agreements
that are a part of this Council agenda item.
Attachments:
A. Map ofImprovements
B. Organizational Chart
C. SANDAG Contract
D. TMS Contract
E. Cost Analysis Table
File Nn. 0735-1 O-STM346
J :\Engince,-\STM346\ECV enhancement- txrtJ7120 I a.doc
7/19/01 12:24 PM
I Ir¡
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~~ ft... ATTACHMENT C
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CllY Of
CHULA VISTA
PLANNING AND BUILDING DEPARTMENT
Mr. Jeff Tayman
Director of Research
San Diego Association of Govemmem
401 B Street,Suite 800
San Diego, CA 92191-4231
Dear Mr. Tayman:
This letter will serve as our agreement with SANDAG, through the Local Technical
AssÌ;¡tancc Prognm.l., to conduct a telephone survey to assess the acceptability and
feasibility of transportation demand m¡magement (rOM) It:chcriques ofresidems in
eastern Chula Vista. A gen'~ra! description of duties, scope of work, lisl of deliverables
and timing, budget and payment timing, and what is 10 be contributed by the City are
listed below, Upon execUtion of this agreement, eitlJer a written ore-mailed noiice to
proceed will bc issued by the City 10 the SANDAG comrac.t administrator to signify
approval to conunence work
General Description of Duties
SA;-¡DAG shall, in cnnsuitationwiÛl the City, conduct II survey (through .it's
survey consultan¡) to find the attitude, appropriateness, and preferences
concerning TranSp0l1¡¡uon Demand Managemeni (T'DM)3.lieniiiî.ives from ¡¡
representative sample of households in the City ofChuia Vista located cas1 of!-
805.11æ survey shall specìl1ca.fly target those holl'5cholds that generate a pc.1k
time morning aml!or evening trip utiJìzing Telegmph Canyon Road, East If Street,
or olher east-'.vest conne~tor
SANDAG shal! contract with a qualified survey research firm to dc,sign II survey
instrurncnt and to conduct a telephone interview of approximately 4QO to 500
households. From tbe infol1uation gaÛlcred S^,~DAG shall work with the
consultant to perform an analysis, and prepare a report that dcserìbcs the fIDdings
from thc survey: characterizes ù1e potenÜal of'IT)M and what programs might be
mm,[ appropriate to and where possible estimate how many travders
may participate,
SAND.A G shall appoint ~ contract administrator who wi!! be the contact point
with the City for the cIa y to day adrninii'!tralion of the <'ontract.
1'6 Page 1 of4
276 FOURTH AVENUE' CHULA VISTA' CAUFORNIA 9j9W
"""M~_"~"'~'_'
Scope of Work
SANDA(j shall upon the City's authorization to proceed:
Task A: In consultation [md with input from the City, design a statement of
objectives for which the data collected through the telephone
survey is expected to satisfY.
Task 13: With input from the City develop and distribute a Request for
Proposal (RFP) for a "survey consultant" to conduct the telephone
survey ofbetwcen 400 and 500 holL~cholds.
Task C: With City participation, prcparc an evaluation system for RFP
respondents, screen responses based on a standardized rating
system, seJect thc best "survey consultant" to conduct the survey
and to prepare a report of findings consistent ",'¡th the statemenl of
objectives,
Task D: Contract witll and oversee work of the "snrvey consultant", City
agrees to pay the sum of not to exceed $30,000 for the survey
eonsultant's services pursuant to tills agreement
Task E: With the City and "survey consultant" devc1op the sample
selection process and finalize the survey instrunlent, including a
review of the instmment atler it is pretested to detemtine any
needed chEUlges. Make changes as appropriate.
'ras ¡ F: Monitor the execution ofthe survey by the "survey consultant" to
ensure quality control and timeliness,
Task G: Review and commeut on the written report of findings produced by
the survey consultant. This report wiII incJude recommendations
regarding the most appropriate TOM mcasures to implement and
possibJe ridership characteristics.
Task II: Attend and in oraJ presentations at one meeting of the
City Commission or GroWth Management Oversight
Commission and one meeting of the City Council upon the City's
request and if determined necessary by the City.
I>eliverahlcs
Dc:liverabk N() J: Five (5) copies of the statement of inforrnatiotl
objectives identified in Task A.
I I Page 2 of 4
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--....--__.___n___-- .
Due date: One week after the City's authorization to
proceed and provides a list of issues and concerns
upon which the statement of objectives will be
based..
Deliverable No.2: Five (5) copies of the RFP as identified in Task B.
Due date: One week after the City's authorization to
proceed and the City provides project background
and project description.
Deliverable No.3: Five (5) copies ofthe contract with the survey
consultant.
Due date: Immediately following execution of
contract between SANDAG and the survey
consultant, which contract is to include the
requirement fòr insurance coverage for errors and
OmlSSJOnS.
Deliverable No.4: Five (5) copies of the final survey instrument
produced as a result of Task E, and a letter report on
t11C results of the pretest.
Due date: 2 weeks atìer survey consultant is
contracted or as mutually agreed between the City
and SANDAG.
Deliverable No.5: Five (5)copies of the Report of Findings and
Analysis as identified in Task G, with oral
presentation by SANDAG to City staff as may be
requested by City.
Due date: 6 weeks after execution of survey
consultant contr<lct.
Deliverable No.6: Attendance and participation at Commission and
Council meetings per City request as indicated in
Task H.
Due date: As requested by the City per Task II.
Page 3 of4
~,~,~~~"'" ....~-,
/8
_. .- .-..".--------------".-----
Bud~et
For perfonnance of all of the defined services by SANDAG1 as herein required,
City shall pay a single fixed fee at the conclusion of the proje.,'ct, approximately 12
weeks from notice to proceed, in the amounts set forth below:
1. Single Fixed Fee Amount for SANDAG: _$2,500 ($3,500 less LTA
deduction of$I,OOO) --' and
2, An amount not to exceed - $30,000 "-- based upon the cost for the
"survey consultant" identified in Tasks C and D, If the cost of retaining a
qualified consnltant exceeds $30,000, the City and SANDAG will need to
reevaluate the budget and/or scope of the projec1 before proceeding,
To be Provided bv the Cilv
The City will provide thc project backgrOlmd and project deseription text and a
list of issues and concerns that are to be addressed by the survey.
The City administrator for this agreement will be:
Dan Forster
Growth Management Coordinator
City of Chula Vista Planning & Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Agreed
~\~~-
Je Tayman,
'nt Director ofRescarch
¡ista SANDAG
Date :1þ~._----
See: City of Chula Vista 1'0111'14887 for
¡¡ddi rionaJ term.s & conditions,
I Upon eompletiûn oflhe and the SANDAG will assist the City in impJementinglhe
TDM programs that aro the City, work win be conducted through SANDAO's regional
TDM program and be provided to witl1ûui additional fc~
Page 4 of 4
-r.~.s- ATTACHMENT D
June 21, 2001
Mr. Dan Forster
City of Chula Vista
Department of Planning and Building
276 Fourth Avenue
Chula Vista, California 91910
BE: PROPOSAL TO PROVIDE PROFESSIONAL SERVICES RELATED TO
TRANSPORTATION DEMAND MANAGEMENT ACTIVITIES (REVISED)
Dear Dan:
Transportation Management Services (TMS) is pleased to submit this revised proposal to
assist the City of Chula Vista to develop specifications and cost estimates for selected
Transportation Demand Management (1DM) measures aimed at reducing vehicle trips among
commuters living in the eastern territory of Chula Vista.
It is our understanding that the City of Chula Vista is considering using TDM measures to reduce
peak hour vehicle trips that travel Telegraph Road and East H S1reet to and from the eastern
territories. We also understand that the City bas developed a preliminary list ofTDM measures
that could be directed at commuters that live in the affected area including:
. City employees.
. Non-City employees working in Chula Vista.
. Commuters working outside of Chula Vista.
Scope of Work
Our work will consist of the following tasks to commence upon a written notice to proceed and
be provided in a timely manner to coincide with the deliverables to be produced by the
SANDAG roM survey being conducted for the City, and as indicated in each task below:
SurveyS
1. Provide comments to City staff on the methodology, content, and format of the survey of
residents living in eastern Chula Vista that is being conducted by SANDAG for the City of
Chula Vista. To be provided in at least two points, initially in regard to the approach and .
methodology and when the SANDAG sulxonsultant has produced a draft survey instrument.
2, Review findings of r.e$oonses to surveys prepared by City staff and/or other agencies that will
be conducted among- ,the groups of commuters noted above. Provide City staff with
comments on findings that have implications for selection of TDM measures to be
--- ----------------- -...-....---------.
-r.~ Mr. Dan Forster
June21,2001
Page 2 of 4
considered for implementation, To be provided within one week upon receipt of the Report
of Findings.
ðnalvsis of Potential TDM Measures
3. Review the preliminary list of TDM measures that have been identified by the City of Chula
Vista as being the most suitable, effective and efficient for reducing vehicle trips among
commuters in the eastern territories (Le., vanpooling, guaranteed ride home, financial
incentives, flexible work schedules, telecommuting, and express bus service). Discuss
general design elements of each TDM measure with City staff to ensure that cost estimates
are developed for programs desired by the City. Discuss findings fiom this task with City
staff before proceeding with further work on TDM measures. To be provided within three
weeks of the notice to proceed.
4, Prepare a memorandum describing the following element of the TDM measures selected by
City staff for further consideration:
. The audience that the service would be directed toward.
. How the service should operate.
. Capital and operating costs. Costs will be expressed in unit costs. Figures that are
provided will allow for calculation of total costs upon generating estimates of usage.
. Staffing and other management resources.
. Alternative program design that could affect costs.
. Duration of program.
. Tracking or monitoring needs
. City resources - e.g., Use of Chula Vista Transit to provide express shuttle service
To be provided within 3 weeks of the City identüÿing the selected TDM measures and
notifying 1MS via fax or e-mail.
5. Prepare for and meet with City staff to:
. Review the memorandum.
. Identify additional information needed by the City to consider selection of TDM
measures,
. Discuss alternative program features that could alter implementation.
Within two weeks after receiving a copy of the "Final Report"
6. Revise the memorandum to reflect cornrnEmt. fTnm (';t" '*n+J"
----"
~~.5- Mr. Dan Forster
June 21, 2001
Page30f4
7, Prepare for and meet with City staff in selecting TDM measures to be implemented.
At City request.
Develomnent of Implementation Program
8. Develop guidelines for implementing the preferred TDM measures including describing
organizational structure, approach for marketing to employers and institutions, and estimated
costs for both management and operations.
Timing and budget to be negotiated.
Fee
Our fee for performing the work described in Tasks I through 7 is $5,000,00. The fee includes
three meetings with City staffand other representatives (e.g., developers) iden1ified by City staff.
We will be pleased to prepare for and attend additional meetings on a time and material basis
should they be required.
Our fee does not include. Task 8 (Le., Develop implementation guidelines) as the TDM measures
to be implemented will not be iden1ified until the completion of Task 7. The fee for performing
the work in Task 8 may range from $5,000 to $15,000 depending on the number of measures
selected for implementation, the complexity of the measures that are selected, and the level of
detail that is required to describe a measure. We will be pleased to perfonn the work called for in
Task 8 if, and when, appropriate and will provide the cost for doing so when requested. The City
is in no way obliged to contract with TMS for Task 8,
Our fees are invoiced monthly according to the attached fee schedule, not to exceed the above
referenced fee unless given prior authorization, These fees are good for 90 days from the date of the
proposal,
Shotùd additional analysis be needed or if there are other major revisions in the Scope of Work, an
increase in the fee may be necessary. However, no such additional work will be done without your
approval. Shotùd you find this proposal to your satisfaction, you may indicate your approval by
signing this agreement and returning it to us.
We cany the appropriate liability insurance, including general and professional, and worker's
compensation insurance. Should this posal be accepted, the Client ( sented by the signature
below) agrees to liniit T on Management Services' . to the Client and
Contractors and S rs on the project due to negligent acts, em>rs
such that the aggre~ liability of TMS ~ose named shall not e
TMS's ee for servicèS dered 0 . project, whichever is greater.
~ 1/"(01
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--'.'.'--'-- --
.. -....- ,..-.---'.---
-r.~.5- Mr. Dan Forster
June 21, 2001
Page4of4
Thank you for the opportunity to be of assistance. We look forward to working with you on this
assignment
Sincerely,
TRANSPORTATION MANAGEMENT SERVICES City of ChuJa Vista
R~ ~ {Ol
Peter J. VaIk
President Name
. .0.. P. COOOINs. CP .M.
PURCHASING AGENT
See: City of Chura Vista
PO #B14744 for additiona
terms & ëondition8.
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RESOLUTION NO. 2001- ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $200,000 FROM THE
INTERIM SR-125 DIF FOR ENGINEERING,
ENVIRONMENTAL, AND TRAFFIC ANALYSIS WORK FOR
THE INTERIM SR-125 ROADWAY PROJECT
WHEREAS, costs associated with the environmental analysis for an interim SR-125
facility will come from the City's Interim SR-125 Development Impact Fee fund; and
WHEREAS, the costs to perform the preliminary engineering studies will be borne by the
development community; and
WHEREAS, funding for the initial phase of the environmental analysis for this Project
will be capped at an amount not to exceed $200,000; and
WHEREAS, it is anticipated that these funds will be sufficient for this Project to
complete approximately half of the environmental analysis and other related work for
approximately 6 months.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby appropriate $200,000 from the Interim SR-12l5 DIF for Engineering,
Environmental, and Traffic Analysis Work for the Interim SR-125 Roadway Project.
Presented by Approved as to form by
~~~L=:f-
John P. Lippitt
Director of Public Works 1 ttorney
Jlattorneylc",,1 Tmffic Enhancement-Apprapr;a,;"n
I
- --..-.-..----- ----...-..---
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PROJECT STAFFING AND
PROCESSING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND BROOKFIELD SHEA OT A Y LLC, THE
EASTLAKE COMPANY, McMILLIN OT A Y RANCH LLC,
OTAY PROJECT LP., AND APPROVING PROJECT
STAFFING AND PROCESSING AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND PACIFIC BAY HOMES,
AND TRIMARK PACIFIC HOMES, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENTS
WHEREAS, in order to reduce traffic congestion and to meet the City's traffic threshold
standard while accommodating needed economic growth and development, a comprehensive
traffic capacity enhancement program will be implemented.; and
WHEREAS, staff and Developers are reviewing ways to create an implementation team
of City Staff and Consultants with the goal of delivering timely results; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the item before
the City Council and has determined that the approval of tile Project Staffing and Processing
Agreements, Consultant Agreements and Contracts is not a project as defined by the California
Environmental Quality Act (CEQA) Section 15378, and therefore is not subject to CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve Project Staffing and Processing Agreement between the City of Chula
Vista and Brookfield Shea Otay LLc., The EastLake Company, McMillin Otay Ranch LLC,
Otay Project LP., a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve Project Staffing and Processing Agreement between the City of Chula Vista and
Pacific Bay Homes, and Trimark Pacific Homes, a copy of which shall be kept on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
agreements on behalf of the City of Chula Vista.
Presented by Approved as to form by
J~a~~ 1r-
John P. Lippitt
Director of Public Works City Attorney
nattollleylresol Teamc Enhancement-Project Stamng
PROJECT STAFFING AND PROCESSING AGREEMENT
The City of Chula vista and EastLake Development Company,
McMillin Otay Ranch LLC, Otay proj ect L, P. and Brookfield Shea
otay LLC have entered into this Agreement, effective
, 2001 ("Agreement"). This Agreement is made and
entered into in respect to the following recitals and in
consideration of the following covenants and conditions:
1.0 PARTIES TO THE AGREEMENT
1.1 The City of Chula vista ("the city") is a chartered
municipal corporation of the State of California. The city's
planning area consists of the incorporated area of the City, the
existing sphere of influence and unincorporated areas with a
significant planning relationship to the City.
1.2 EastLake Development Company, McMillin Otay Ranch
LLC, otay Project L.P. and Brookfield Shea Otay LLC (herein
referred to collectively as "Developer") are entities duly
organized and authorized to conduct business in the State of
California. Each of the entities that execute this Agreement are
authorized to do so by a duly noticed action of its Board of
Directors or other appropriate body.
1.3 There are no other parties to this Agreement, express
or implied, direct or indirect. The city and Developer acknowledge
that it is not their intent to create any third party
beneficiaries to this Agreement.
2.0 PURPOSE OF AGREEMENT
2.1 Each entity defined collectively as Developer owns
their respective portion of that certain real property located in
the County of San Diego, California, that is graphically shown on
Exhibit A, which is attached and incorporated by this reference
("the Property"),
2.2 The City has established a comprehensive traffic
enhancement program in order to expedite already planned traffic
improvements needed to reduce traffic congestion, meet traffic
threshold standards and accommodate necessary economic growth.
2.3 As part of the traffic enhancement program, the City
Council will consider the development of the following (referred
to herein collectively as the "Project"):
1) Adding a westbound to northbound right-turn lane
on Telegraph Canyon Road at the 1-805 interchange; and
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2) Accelerate construction of Paseo Ranchero between
Olympic Parkway and Main Street.
2.4 This Agreement will serve as a guideline for what
documentation will be needed, in order to implement the Project as
defined by Paragraph 2.3 herein. The purpose of this Agreement is
to provide the Developer with assigned professional staff to work
on the proj ect based upon Developer's representation that such
staff will be required for at least the minimum number of hours,
specified herein as Exhibit "B", for the term of this Agreement.
3.0 PROJECT ENTITLEMENTS
3.1 Submitted by Developer. The Developer shall pay for
the processing of the Project entitlements, permits and approvals
(referred to collectively herein as "Project Entitlements"), that
are needed for the Project. Developer represents and agrees to
provide the City with civil engineering documents and preliminary
engineering design to support the processing of the Project
Entitlements.
3.2 Environmental Review. The project Entitlements require
environmental documentation pursuant to the requirements of the
California Environmental Quality Act ("CEQA") (PUB. RES. CODE
§§21000, et seq.); the CEQA Guidelines (14 CAL. CODE REGS.
§§15000, et seq.); and the city's Environmental Review Procedures.
The City will: (a) undertake the preparation, consideration and
certification of all required environmental documents in the
manner required by law; (b) follow all legally prescribed
proceedings for the processing of entitlements, including public
notices and hearings; and (c) exercise its independent judgment
relative to all future entitlements and environmental documents
for the Project, (For purposes of this Agreement, environmental
documents are included within the definition of "Project
Entitlements").
3.3 No Obligation to Approve. Developer understands and
agrees that future decisions of the city Council on the Project
Entitlements described in this Agreement are discretionary
actions, and that the City may not enter into an agreement to
obligate the City Council to exercise its discretion in a
particular manner or for a particular result. This Agreement does
not, therefore, in any way create a contractual, legal or
equitable obligation or commitment by the city or the city Council
to approve the Project Entitlements described in this Agreement.
4.0 PROJECT SCHEDULE
4.1 Exhibit ncn. The City will process the Project
Entitlements as described in the "Project Schedule", attached as
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18-3;;þ
Exhibit "C" and will act with reasonable diligence to meet all of
the time frames described on the Project Schedule.
Notwithstanding the foregoing, the City and Developer acknowledge
that the time frames set forth in the Project Schedule are only
estimates and may be subject to change from time to time. City
shall have no liability to Developer for the failure to process
the Project Entitlements, or for failure to process the same
within the time frames estimated in the Project Schedule. Both
parties agree to use their reasonable best efforts to process the
Project Entitlements in a timely manner. Nothing herein shall be
construed to modify the provisions of the City's Growth Management
Ordinance, the Permit Streamlining Act, or Government Code section
65920-65963.1.
5.0 STAFFING
5.1 Retention and Assignment of Staff
5.1.1 Developer's Representation. Developer
represents that Developer will need the services of the city at
the minimum amounts set forth on Exhibit "B" for the term of this
Agreement. Developer acknowledges that the city, based upon this
representation, has budgeted and allocated for specific staff time
and hired individuals to process the Project Entitlements for the
term of this Agreement.
5.1.2 Project Staff. The City intends to hire
consultants (as shown on Exhibit "D") and/or assign staff,
including, but not limited to, planner(s) and engineer (s) for the
purpose of processing the Project Entitlements (referred to
collectively herein as "Project Staff"). Project Staff consists
of existing and newly hired Permanent Staff, Temporary Expert
Professionals and consultants listed on Exhibit "D". Permanent
staff are full time City employees, while Temporary Expert
Professionals are independent contractors working for the City.
Developer understands that it has no right to select any of the
staff who will process the Project Entitlements. The Staffing Cost
Estimate, as shown on Exhibit "B", describes the Project Staff
anticipated to work on the Project Entitlements.
5.1. 3 Hiring Responsibility. Notwithstanding any
provision of this Agreement, the City is solely and exclusively
responsible for the hiring and/or assigning of the Project staff.
Developer shall not have any involvement in the city's final
hiring or assigning decisions, or the city's employment
relationship with the Project Staff. The City shall retain full
rights to supervise the work of those staff to ensure that th~y
exercise full and complete independence from Developer ~n
connection with work performed on the Project Entitlements. The
City shall retain full rights to discipline and terminate as the
3
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City deems appropriate.
5.1.4 Access to Project Staff. The City shall
endeavor to take all reasonable steps necessary to ensure that
Developer has regular and continuous access to the Project Staff
during the processing of the project Entitlements. To implement
this provision, the Project Staff will schedule regular meetings
with Developer and others to facilitate the processing of the
project Entitlements.
5.1.5 Reassigmnent. In the event the City assigns the
project Staff to other work at a time when they could have been
assigned to and working on Developer's Project Entitlements,
Developer shall not have any obligation to pay for the project
Staff's time spent on the reassigned work. The city shall attempt
to keep such reassignments to a minimum, and shall use its best
efforts to notify Developer in advance of such reassignments.
6.0 COSTS AND PAYMENT
6.1 Deposit. Developer shall place a deposit with the city
in the amount of $250,700 (Two Hundred Fifty Thousand Seven
Hundred Dollars and No Cents ("Deposit") from which the city may
withdraw, pursuant to the terms of this Agreement, the amount owed
to the city by the Developer for processing the Project
Entitlements. The amount of the Deposit was derived from the
final value of six (6) months (180 days) of compensation required
for the Project Staff, as shown on Exhibit "B" and the
consultants, pursuant to their agreements.
6.1.1. Replenish Deposit. Developer shall maintain
and continue to replenish said Deposit for the term of this
Agreement. At the end of each ninety (90) day period, commencing
with execution of this Agreement, the Developer and city agree to
compare the amount that was actually billed by the city during
this ninety (90) day period with the amount that was projected for
the said period shown on Exhibit "B". The amount of the Deposit
the Developer shall be required to replenish (as described in
paragraph 6.6 herein) may be adjusted, if mutually agreed upon by
both parties to this Agreement, to reflect the amount actually
billed by the City during the previous ninety (90) day period. In
no event shall the account be allowed to have less than 60 days
compensation as reflected by Exhibit "BU. Developer agrees that
the City may use the Deposit to pay the City any amounts due the
city pursuant to the terms of this Agreement.
6.1.2. Return of Deposit. Upon the termination of
this Agreement, if any portion of the Deposit remains, the City
shall return the Deposit balance to Developer without interest
thereon pursuant to the written direction of the Developer. City
4
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shall not be legally responsible for the return of said money as
long as the City complies with the written directions provided by
the Developer.
6.2 Payment for Project staff. Developer shall pay the city
for the time incurred by the Project staff, at the billing rates
set forth in Exhibit "B" for processing the project Entitlements,
including expenses and all of the city's direct and overhead costs
related thereto. The billing rates for the Project Staff, which
includes the City's direct and overhead costs, are shown on
Exhibit "B", such rates are subject to change from time to time
based on staff assignments, salaries, and/or changes to the city's
full cost recovery rate. The city shall notify Developer in
advance of such changes, All consultants who perform work on the
project, shall be paid in accordance with said consultants'
contracts. In the event the City's Project Staff works more than
40 hours per week on the Project Entitlements, Developer shall pay
for the additional time, costs and expenses in accordance with the
per hour billing rates set forth in Exhibit "B."
6.3 Deposit withdrawal. At the end of each month, the City
shall determine the amount owed by the Developer for the time and
costs incurred by the Project Staff and the consultants for work
on the Project Entitlements for that month, Within fifteen (15)
days thereafter the city shall withdraw from the Deposit said
amount due the City and shall send the Developer a billing
statement that shows the time and costs incurred by the Project
Staff and the consultants and the amount withdrawn from the
Deposit. At the end of each 13 week period, the first such period
shall commence with execution of this Agreement, ("Quarter"), the
city shall determine whether the city's billing total for that
Quarter has reached the total of number of hours shown on Exhibit
"B". The city shall provide the Developer with written
notification if the number of hours actually billed by the city
has not reached the minimum amount shown on Exhibit "B" pursuant
to paragraph 7.4 herein.
6.4 Billing Statements. Each monthly billing statement
shall be accompanied by the Project Staff's bi-weekly time sheets,
The time sheets to be used shall be in substantial compliance with
the city's standard bi-weekly time sheet form. Each monthly
billing statement shall identify the services performed, the time
spent on each item, the specific costs incurred, the amount
withdrawn from the Deposit, and the Deposit balance.
6.5 No Permit Fees. Because the costs and payment are to
be paid by Developer pursuant to the terms and conditions of this
Agreement, the City will not require Developer to pay any of the
City's application fees associated with the processing of the
Project Entitlements and environmental documents described in
section 3.0 herein.
5
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6.6 Replenish Deposit. Each of the entities defined
collectively herein as Developer shall replenish the Deposit in
accordance with their respective share as set forth in the formula
shown as Exhibit "E", within 21 calendar days of being notified
by the city that the Deposit has decreased to half of the total
amount of the initial Deposit set forth in section 6.1. The
Developer shall replenish the Deposit in the amount needed for the
Deposit to equal the amount that was agreed to by both parties for
the last 90 day period. If no agreement as been reached as to
this amount, Developer shall replenish the Deposit to equal the
amount of the initial Deposit as set forth in paragraph 6.1 of the
Agreement. If any of the parties that are jointly referred to
herein as "Developer" fails to replenish its share of the
deposit, the other entities comprising the "Developer" shall be
responsible for paying that proportionate share. In such
instance, the parties to this Agreement may review the scope of
the project to determine whether said scope should be amended. If
the full amount owed the city is not paid, the City may suspend
processing as provided for in this Agreement.
6.7 Disputes. In the event the Developer has a dispute with
the city over the billing, Developer shall notify the city in
writing describing Developer's objections to such monthly billing
statement (s) . If the amount withdrawn from the Deposit for any
given month is determined to be incorrect, the city shall deposit
the amount owed the Developer into the Deposit within fifteen days
of such determination. city shall respond in writing to
Developer's objections within 15 calendar days of receipt of
Developer's written objection,
6.8 Suspend processing. The City shall have the right to
suspend processing of the Project Entitlements in the event that
Developer fails to maintain the Deposit as specified in this
Agreement. The city shall also have the right to declare a
Cessation of Work should Developer's Deposit account contain less
than 30 days compensation as reflected by Exhibit "B." city shall
inform Developer of such Cessation of Work upon the City
determining that the Deposit contains less than thirty (30) days
of compensation.
7.0 TERM OF AGREEMENT, TERMINATION RIGHTS AND DEFAULT
7.1 Effective Date. This Agreement shall become effective
on the Effective date identified above and, unless earlier
terminated pursuant to the terms of this Agreement, shall continue
in effect until the processing of the Project Entitlements have
been completed. In the event the parties determine that a longer
period is necessary to complete the Project, the term of the
Agreement may be extended by the further written agreement of the
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parties.
7.2 City's Right to Terminate. Notwithstanding the term of
this Agreement as provided in section 7.1, the City shall have the
unilateral right to terminate this Agreement for any reason upon
thirty (30) days written notice to Developer provided however
should the City terminate this Agreement pursuant to this
paragraph, the Developer shall not be obligated to pay the amounts
required by section 7.3 below.
7.3 Cessation of Work. In the event that the processing of
the Project Entitlements is suspended or stopped for any reason,
except as provided by paragraph 7.2, such that work is not
required by the project Staff ("Cessation of Work"), Developer
agrees that the City may terminate this Agreement and the
Developer shall pay for the positions entitled Engineering Project
Manager and Environmental Project Manager of the project Staff, at
the rates set forth on Exhibit "B," for a period of 60 days
commencing after the City has received written notice, as set
forth in section 7.3.1, f:¡:om the Developer of such Cessation of
Work, or from the date the City has determined that a Cessation of
Work has occurred, as described in section 7.3.2.
7.3.1 written Notification. Developer shall provide
immediate written notification to the city if Cessation of Work on
the Project Entitlements is about to occur. Upon receipt of said
notice, the City shall make, a good faith effort to reassign the
Project Staff to other cost recoverable work. Developer shall not
pay that portion of the Project Staff's time which is assigned to
other cost recoverable work. Not withstanding any provision of
this Agreement, Developer understands and agrees that the city
shall have sole discretion in the reassignment of such project
Staff.
7.3.2 No Notice. In the instance said written
notification is not provided, Developer shall pay the Project
Staff costs commencing from the date the city has determined in
good faith that a Cessation of Work has occurred. The City shall
notify the Developer in writing of the city's determination and
the reasons for such determination.
7.4 Default. Developer agrees that a default under this
Agreement shall be deemed to have occurred in the event that the
number of hours billed for work on the Project Entitlements on any
given Quarter is less than the minimum amounts set forth on
Exhibit "B." city agrees to make a good faith effort to reassign
the project Staff to other cost recoverable work should there be a
decrease of hours required by the project Staff in processing the
Project Entitlements during any given Quarter. Any hours billed
by the Project Staff on other cost recoverable work during a
Quarter shall be added to the Developer's total number of hours
7
1'6 -;/1
billed in that Quarter when determining whether Developer is in
default. Upon the occurrence of this default by the Developer,
the City may terminate this Agreement after providing the
Developer with thirty (30) days written notice specifying the
alleged default and the cure for such default. The City shall not
be obligated to work on the project Entitlements during this 30
day period. The cure for said default shall be the payment by
Developer of the difference between the number of hours billed by
Proj ect Staff in a Quarter, and the number of hours shown on
Exhibit "B" less any hours billed by Project Staff on other cost
recoverable work during the same Quarter. Developer may authorize
the city to withdraw such amounts necessary to cure the default
from the Deposit. After proper notice and expiration of said
thirty day cure period without cure, this Agreement may be
terminated by the city. Upon such termination, the city shall
return any remaining balance of the Deposit, without interest,
after deducting any amount owed the City for those services
performed by the city.
8.0 OTHER PROVISIONS
8.1 Integrated Agreement
This Agreement constitutes the final agreement between
the parties and supersedes all prior oral or written negotiations,
discussions, communications, promises, covenants, understandings
or representations between the city and Developer regarding the
subject of this Agreement. Notwithstanding the foregoing, the
parties acknowledge that the provisions of any other mutual
written agreements shall remain in full force and effect,
8.2 Modifications and Amendments To Be In Writing
This Agreement may not be modified or amended except by
a writing duly executed by both parties to this Agreement.
8.3 Construction and Interpretation Of The Agreement
The parties to this Agreement acknowledge that they
have been represented by counsel in respect to the negotiation and
drafting of this Agreement, and that no provision of this
Agreement shall be construed or interpreted by reference to the
extent to which either party participated in the drafting of this
Agreement, or any part thereof.
8.4 Notices
8.4.1 All notices, billing statements, letters or any
other documents required or delivered in accordance with, or with
respect to this Agreement, shall be made or contemporaneously
confirmed in writing and shall be personally delivered or
8
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deposited in the United states mail, addressed as follows:
To the City of Chula Vista:
city Manager
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Copy to:
Ann Moore
Senior Assistant City Attorney
City of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
(619) 691-5037
To the Developer:
William Ostrem
The EastLake Company
900 Lane Avenue, Suite 100
Chula vista, CA 91914
Kim Kilkenny
Otay Ranch Company
350 W, Ash Street, Suite 730
San Diego, CA 92101
Bob Pletcher
The Corky McMillin Companies
2727 Hoover Street
National City, CA 91950
John Norman
Brookfield Shea Homes
12865 pointe Del Mar, suite 200
Del Mar, CA 92014
If written notices under this Agreement are delivered by
depositing them in the united States mails, they shall be deemed
to have been received by the other party on the fifth (5th)
working day following the day on which they were mailed,
8.4.2 Either party may change the address to which
notice is to be given under this Agreement (Section 8.4.1) by
delivery of a written notice to the other party specifying the new
notice address and referencing this section.
9
¡g,31
8.5 No Waiver of Any Default
No waiver of any default by any party to this Agreement
shall be implied from any omission by any other party to take any
action in respect of such default. No such waiver shall be
effective unless expressly evidenced by a writing duly executed by
the party waiving the default. No waiver of any default shall be
deemed to be a waiver of any other or subsequent default.
8.6 Attorneys' Fees
In any action or proceeding arising under this
Agreement, or to enforce the provisions of this Agreement, each of
the parties shall bear its own attorneys' fees and costs.
8.7 Interpretation and Governing Law
This Agreement and any dispute arising hereunder shall
be governed and interpreted in accordance with the laws of the
State of California.
8.8 No Third Party Beneficiaries
The only parties to this Agreement are the city and
Developer, There are no third party beneficiaries, and this
Agreement is not intended, and shall not be construed, to benefit
or be enforceable by any other person whatsoever. The city shall
not have any responsibility or liability for any disputes between
the various parties that are jointly referred to herein as
, 'Developer' , which may arise from or concern this Agreement or
the Project.
8.9 Force Majeure
Developer agrees that the City shall not be deemed to
be in default where failure or delay in performance of any of the
City's obligations under this Agreement to process the Project
Entitlements is caused by floods, earthquakes, other Acts of God,
fires, wars, riots or similar hostilities, strikes and other labor
difficulties beyond the City's control, government regulations,
court actions (such as restraining orders or injunctions) or other
causes beyond the City's control, If any such events shall occur,
the term of this Agreement and the time for performance by the
city of its obligations hereunder shall be extended by the period
of time that such events prevented such performance provided that
the term of this Agreement shall not be extended under any
circumstances for more than three (3) years. If delays should be
caused by Developer failing to submit documents in a timely manner
that causes a delay in the City's processing of the project
Entitlements, or requests further changes or amendments to the
Project Entitlements, the term of this Agreement and the time for
performance shall be extended for the duration of each such event.
10 /6~VD
8.10 Hold Harmless
Each of the parties that are jointly referred to herein
as "Developer" shall solely and jointly be responsible to
defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against any claims,
suits, actions or proceedings, judicial or administrative, for
writs, orders, injunction or other relief, damages, liability,
cost and expense (including without limitation attorneys' fees)
arising from this Agreement and the city's actions in processing
or issuing Developer's permits, or in exercising any discretion
related thereto including, but not limited to, the giving of
proper environmental review, the holding of public hearings, the
extension of due process rights, and including those claims,
suits, actions or proceedings arising from the sole negligence or
sole willful misconduct of the city, its officers or employees
that are known to, but not objected to, by Developer; excepting
however Developer shall not defend, indemnify or hold harmless the
City, its officers or employees, for all other claims, suits,
actions or proceedings that arise from the sole negligence or sole
willful misconduct of the city. Developer'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, Developer, at its own expense, shall,
upon written request by the City, defend any such suit or action
brought against the city, its officers, agents or employees.
Developer's indemnification of City shall not be limited by any
prior or subsequent declaration by Developer. At its sole
discretion, the City may participate, at its own expense, in the
defense of any such action, but such participation shall not
relieve Developer of any obligation imposed by this Agreement. To
the extent that city obtains (or has obtained) rights of
indemnification and defense obligations from its agents with
regard to any or all of the matters set forth in this Agreement,
City covenants and agrees that it will dil~gently enforce such
rights against such agents prior to pursu~ng any such rights
against Developer.
8.11 Agreement Executed In Counterparts
So that each of the parties may have an executed
original of this Agreement, this Agreement may be executed in
counterparts, all of which shall constitute a single Agreement.
8.12 Agreement Binding Upon Successors
This Agreement shall be binding upon and inure to the
benefit of the successors, assigns and interests of the parties to
this Agreement until released by the mutual consent of the
parties.
11 I~-Y(
8.13 Exhibits.
All exhibits attached hereto and referred to herein are
incorporated as a part of this Agreement,
12 /8" 4~
EXHIBITS
"A" MAP OF DEVELOPER'S PROPERTIES
"B" STAFFING SCOPE OF WORK
"C" PROJECT SCHEDULE
"D" CONSULTANT LIST
"E" DEVELOPER FORMULA PAYMENT
13 /6 - ~3
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O'iJUL. 18. 2001 3: 34PMx 61 THE OTAY RANCH CO çv CITY ATIORNEY NO. 6705 P.2 ilia!?
PROJECT STAFFING AND PROCESSING AGREEMENT
?JGNATURE PAGE
nm CITY OF CHULA VISTA OTAY PROJECT LLC.
a california limited
liability company
David D. Rowlands, Jr.
By: Otay Ranch Development
City Manager LLC.a California limited
Liabilicy company.
I1:8: Authorized Member
APPROV~D AS TO FORM:
BY~~ -'
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John M. Kaheny . ;:.. ¿;?
City Attorney
By t/͜ ~~
T~tle ~~,
16 /¿-L./(p
JUL18 '0116:37 10-94095823 FROH- 1 -018 P.02/02 F-035
PROJECT STAFFnIG l\ND PROCESSING AGREEMENT
SIGNATURE PAGE
THE CITY OF CROLA VISTA McMILLIN OTAY RANCH, LLC,
a Delaware limited
liability company
Dav~d~. Rowlahds, ~r.
J3y: McMILLIN COMPANIES,
city Manager LLC, a: Delaware
limited liability
company
APPROVED AS TO FORM,' Its:
By .
BY~
John M. Kah!:my \I,R
city Attorney
J, \Attt>:rnéy\Agree\Þrocessing...l.<!oe
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EXHIBIT D
LIST OF CONSULTANTS
ENVIRONMENTAL
RECON - I-80S and East "H' Street Interchange Project
Mt. Miguel Road Project
Interim SR#125 Project
Dudek and Associates - I-80S and Telegraph Canyon Road Interchange Project
Paseo Ranchero Extension
TRAFFIC MODELING AND ANALYSIS
Linscott Law & Greenspan - Traffic Analysis for each project listed above plus
an analysis regarding traffic caps for Rolling Hills Ranch and San Miguel Ranch
plus some possible additional traffic analysis for I-80S and Palomar Interchange.
PROJECT MANAGEMENT
McGill MarÌinSelf, Inc. - Overall Project Management
ENGINEERING
Hunsaker & Associates (to be hired by developers)
Rick Engineering (to be hired by developers)
TRAFFIC DEMAND MANAGEMENT
SANDAG and TMS
LEGAL
Remy and Thomas
Linda Bartz & Associates
IF-53
EXHIBIT E
DEVELOPER FORMULA PAYMENT
I-80S and Telegraph Canyon Road 25% Brookfield Shea Otay, LLC
25% The Eastlake Company
25% McMillin Company
25% Otay Ranch Company
Pas eo Ranchero Extension 25% Brookfield Shea Otay, LLC
25% The Eastlake Company
25% McMillin Company
25% Otay Ranch Company
1- 805 and Palomar Interchange TDIF - already under contract with
Rick Engineering and Helix
Environmental
Interim SR#125 Interim SR#125 DIF Direct
Payments up to $200,000
Transportation Demand Management 1/6 Brookfield Shea Otay, LLC
1/6 The Eastlake Company
1/6 McMillin Company
1/6 Otay Ranch Company
¡'l-C;t.f
PROJECT STAFFING AND PROCESSING AGREEMENT
The City of Chula Vista and Pacific Bay Homes and Trimark
Pacific Homes, LP have entered into this Agreement, effective
, 2001 ("Agreement"). This Agreement is made and
entered into in respect to the following recitals and in
consideration of the following covenants and conditions:
1.0 PARTIES TO THE AGREEMENT
1.1 The City of Chula Vista ("the City") is a chartered
municipal corporation of the State of California. The City's
planning area consists of the incorporated area of the City, the
existing sphere of influence and unincorporated areas with a
significant planning relationship to the City.
1.2 Pacific Bay Homes and Trimark Pacific Homes, LP
(herein referred to collectively as "Developer") are entities duly
organized and authorized to conduct business in the State of
California. Each of the entities that execute this Agreement are
authorized to do so .by a duly noticed action of its Board of
Directors or other appropriate body.
1.3 There are no other parties to this Agreement, express
or implied, direct or indirect. The City and Developer acknowledge
that it is not their intent to create any third party
beneficiaries to this Agreement.
2.0 PURPOSE OF AGREEMENT
2.1 Each entity defined collectively as Developer owns
their respective portion of that certain real property located in
the County of San Diego, California, that is graphically shown on
Exhibit A, which is attached and incorporated by this reference
("the Property").
2.2 The City has established a comprehensive traffic
enhancement program in order to expedite already planned traffic
improvements needed to reduce traffic congestion, meet traffic
threshold standards and accommodate necessary economic growth.
2.3 As part of the traffic enhancement program, the City
Council will consider the development of the following (referred
to herein collectively as the "Project"):
1) East" H" Street Roadway Improvements, to include
an additional westbound lane from approximately 300 feet east of
Hidden Vista Drive to the Caltrans right-of-way for I-80S at I-80S
and other associated improvements.
1
/ ~ ~ 55
2) Construction of Mount Miguel Road within the San
Miguel Ranch Project.
2.4 This Agreement will serve as a guideline for what
documentation will be needed, in order to implement the Project as
defined by Paragraph 2.3 herein. The purpose of this Agreement is
to provide the Developer with assigned professional staff to work
on the proj ect based upon Developer I s representation that such
staff will be required for at least the minimum number of hours,
specified herein as Exhibit "B", for the term of this Agreement.
3.0 PROJECT ENTITLEMENTS
3.1 Submitted by Developer. The Developer shall pay for
the processing of the Project entitlements, permits and approvals
(referred to collectively herein as "Project Entitlements"), that
are needed for the Project, Developer represents and agrees to
provide the City with civil engineering documents and preliminary
engineering design to support the processing of the Project
Entitlements.
3.2 Environmental Review. The Project Entitlements require
environmental documentation pursuant to the requirements of the
California Environmental Quality Act ("CEQA") (PUB. RES, CODE
§§21000, et seq.); the CEQA Guidelines (14 CAL. CODE REGS.
§§15000, et seq.); and the City's Environmental Review Procedures.
The City will: (a) undertake the preparation, consideration and
certification of all required environmental documents in the
manner required by law; (b) follow all legally prescribed
proceedings for the processing of entitlements, including public
notices and hearings; and (c) exercise its independent judgment
relative to all future entitlements and environmental documents
for the Project. (For purposes of this Agreement, environmental
documents are included within the definition of "Project
Entitlements").
3.3 No Obligation to Approve. Developer understands and
agrees that future decisions of the City Council on the Project
Entitlements described in this Agreement are discretionary
act,ions, and that the City may not enter into an agreement to
obligate the City Council to exercise its discretion in a
particular manner or for a particular result. This Agreement does
not, therefore, in any way create a contractual, legal or
equitable obligation or commitment by the City or the City Council
to approve the Project Entitlements described in this Agreement,
4.0 PROJECT SCHEDULE
4.1 Exhibit RCR. The City will process the Project
Entitlements as described in the "Project Schedule", attached as
2
/g-5h
Exhibit "C" and will act with reasonable diligence to meet all of
the time frames described on the Project Schedule.
Notwithstanding the foregoing, the City and Developer acknowledge
that the time frames set forth in the Project Schedule are only
estimates and may be subject to change from time to time. city
shall have no liability to Developer for the failure to process
the Project Entitlements, or for failure to process the same
within the time frames estimated in the Project Schedule. Both
parties agree to use their reasonable best efforts to process the
Project Entitlements in a timely manner. Nothing herein shall be
construed to modify the provisions of the City's Growth Management
Ordinance, the Permit Streamlining Act, or Government Code Section
65920-65963.1.
5 . 0 STAFFING
5.1 Retention and Assignment of Staff
5.1.1 Developer's Representation. Developer
represents that Developer will need the services of the City at
the minimum amounts set forth on Exhibit "B" for the term of this
Agreement. Developer acknowledges that the City, based upon this
representation, has budgeted and allocated for specific staff time
and hired individuals to process the Project Entitlements for the
term of this Agreement.
5.1.2 Project Staff. The City intends to hire
consultants (as shown on Exhibit "D") and/or assign staff,
including, but not limited to, planner(s) and engineer(s) for the
purpose of processing the Project Entitlements (referred to
collectively herein as "proj ect Staff"). proj ect Staff consists
of existing and newly hired Permanent Staff, Temporary Expert
Professionals and consultants listed on Exhibit "D". Permanent
Staff are full time City employees, while Temporary Expert
Professionals are independent contractors working for the City.
Developer understands that it has no right to select any of the
staff who will process the Project Entitlements. The Staffing Cost
Estimate, as shown on Exhibit "B", describes the Project Staff
anticipated to work on the Project Entitlements.
5 .1. 3 Hiring Responsibility. Notwithstanding any
provision of this Agreement, the City is solely and exclusively
responsible for the hiring and/or assigning of the Project Staff.
Developer shall not have any involvement in the City's final
hiring or assigning decisions, or the City's employment
relationship with the Project Staff. The City shall retain full
rights to supervise the work of those staff to ensure that they
exercise full and complete independence from Developer in
connection with work performed on the Project Entitlements. The
City shall retain full rights to discipline and terminate as the
3
/ g - 5'7
City deems appropriate.
5.1.4 Access to Project Staff. The City shall
endeavor to take all reasonable steps necessary to ensure that
Developer has regular and continuous access to the Project Staff
during the processing of the Project Entitlements. To implement
this provision, the Project Staff will schedule regular meetings
with Developer and others to facilitate the processing of the
Project Entitlements.
5.1.5 Reassignment. In the event the City assigns the
Project Staff to other work at a time when they could have been
assigned to and working on Developer's Project Entitlements,
Developer shall not have any obligation to pay for the Project
Staff's time spent on the reassigned work. The City shall attempt
to keep such reassignments to a minimum, and shall use its best
efforts to notify Developer in advance of such reassignments.
6.0 COSTS AND PAYMENT
6.1 Deposit. Developer shall place a deposit with the City
in the amount of $240,631 (Two Hundred Forty Thousand six Hundred
Thirty-One Dollars and No Cents) ("Deposit") from which the City
may withdraw, pursuant to the terms of this Agreement, the amount
owed to the City by the Developer for processing the Project
Entitlements. The amount of the Deposit was derived from the
final value of six (6) months (180 days) of compensation required
for the Project Staff, as shown on Exhibit "B" and the
consultants, pursuant to their agreements.
6.1.1. Replenish Deposit. Developer shall maintain
and continue to replenish said Deposit for the term of this
Agreement. At the end of each ninety (90) day period, commencing
with execution of this Agreement, the Developer and City agree to
compare the amount that was actually billed by the City during
this ninety (90) day period with the amount that was projected for
the said period shown on Exhibit "B". The amount of the Deposit
the Developer shall be required to replenish (as described in
paragraph 6.6 herein) may be adjusted, if mutually agreed upon by
both parties to this Agreement, to reflect the amount actually
billed by the City during the previous ninety (90) day period. In
no event shall the account be allowed to have less than 60 days
compensation as reflected by Exhibit "B". Developer agrees that
the City may use the Deposit to pay the City any amounts due the
City pursuant to the terms of this Agreement.
6.1.2. Return of Deposit. Upon the termination of
this Agreement, if any portion of the Deposit remains, the City
shall return the Deposit balance to Developer without interest
thereon pursuant to the written direction of the Developer. City
4
/'¿-5Ò
shall not be legally responsible for the return of said money as
long as the City complies with the written directions provided by
the Developer.
6.2 Payment for Project Staff. Developer shall pay the City
6.6 Replenish Deposit. Each of the entities defined
collectively herein as Developer shall replenish the Deposit in
accordance with their respective share as set forth in the formula
shown as Exhibit "E", within 21 calendar days of being notified
parties.
7.2 City's Right to Terminate. Notwithstanding the term of
this Agreement as provided in Section 7.1, the City shall have the
unilateral right to terminate this Agreement for any reason upon
thirty (30) days written notice to Developer provided however
should the City terminate this Agreement pursuant to this
paragraph, the Developer shall not be obligated to pay the amounts
required by Section 7.3 below.
billed in that Quarter when determining whether Developer is in
default. Upon the occurrence of this default by the Developer,
the City may terminate this Agreement after providing the
Developer with thirty (30) days written notice specifying the
alleged default and the cure for such default. The City shall not
be obligated to work on the Project Entitlements during this 30
day period. The cure for said default shall be the payment by
Developer of the difference between the number of hours billed by
proj ect Staff in a Quarter, and the number of hours shown on
deposited in the United States mail, addressed as follows:
To the City of Chula Vista:
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Copy to:
Ann Moore
Senior Assistant City Attorney
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5037
To the Developer:
Liz Jackson
Pacific Bay Homes
2300 Boswell Road, Suite 209
Chula Vista, CA 91914
Stephen Hester
Trimark Pacific Homes, LP
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
If written notices under this Agreement are delivered by
depositing them in the United States mails, they shall be deemed
to have been received by the other party on the fifth (5th)
working day following the day on which they were mailed.
8.4.2 Either party may change the address to which
notice is to be given under this Agreement (Section 8.4,1) by
delivery of a written notice to the other party specifying the new
notice address and referencing this Section.
8.5 No Waiver of Any Default
No waiver of any default by any party to this Agreement
shall be implied from any omission by any other party to take any
action in respect of such default. No such waiver shall be
effective unless expressly evidenced by a writing duly executed by
the party waiving the default. No waiver of any default shall be
deemed to be a waiver of any other or subsequent default.
9
'7
I 6 - ft' -..J
8.6 Attorneys' Fees
In any action or proceeding arising under this
Agreement, or to enforce the provisions of this Agreement, each of
the parties shall bear its own attorneys' fees and costs.
8.7 Interpretation and Governing Law
This Agreement and any dispute arising hereunder shall
be governed and interpreted in accordance with the laws of the
State of California.
8.8 No Third Party Beneficiaries
The only parties to this Agreement are the City and
Developer. There are no third party beneficiaries, and this
Agreement is not intended, and shall not be construed, to benefit
or be enforceable by any other person whatsoever. The City shall
not have any responsibility or liability for any disputes between
the various parties that are jointly referred to herein as
"Developer" which may arise from or concern this Agreement or
the Project.
8.9 Force Majeure
Developer agrees that the City shall not be deemed to
be in default where failure or delay in performance of any of the
City's obligations under this Agreement to process the Project
Entitlements is caused by floods, earthquakes, other Acts of God,
fires, wars, riots or similar hostilities, strikes and other labor
difficulties beyond the City's control, government regulations,
court actions (such as restraining orders or injunctions) or other
causes beyond the City's control. If any such events shall occur,
the term of this Agreement and the time for performance by the
City of its obligations hereunder shall be extended by the period
of time that such events prevented such performance provided that
the term of this Agreement shall not be extended under any
circumstances for more than three (3) years. If delays should be
caused by Developer failing to submit documents in a timely manner
that causes a delay in the city's processing of the Project
Entitlements, or requests further changes or amendments to the
Project Entitlements, the term of this Agreement and the time for
performance shall be extended for the duration of each such event.
8.10 Hold Harmless
Each of the parties that are jointly referred to herein
as "Developer" shall solely and jointly be responsible to
defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against any claims,
suits, actions or proceedings, jUdicial or administrative, for
writs, orders, injunction or other relief, damages, liability,
cost and expense (including without limitation attorneys' fees)
arising from this Agreement and the City's actions in processing
or issuing Developer's permits, or in exercising any discretion
10
18-~~
related thereto including, but not limi ted to, the giving of
proper environmental review, the holding of public hearings, the
extension of due process rights, and including those claims,
suits, actions
EXHIBITS
"A" MAP OF DEVELOPER'S PROPERTIES
"B" STAFFING SCOPE OF WORK
"C" PROJECT SCHEDULE
"D" CONSULTANT LIST
"E" DEVELOPER FORMULA PAYMENT
12 /8-ltïb
JUL 18 '01 17:05 FR PACIFIC BAY HOMES,S.D519 555 4305 TO 4095823 P. 02/02
0.7118/01 WWI 16:06 I'M UU 4UU .ua ~Y ~u. AU~N"" ""UH
PROJECT STAFFINQ ¡JIm) PROCESSING AGR.EEMElIlT
SIGmI.'l'tIRE PAGE
THE CITY OF CHULA VISTA PACIFIC BAY HOMES
. ~CQJØld~ ./"
Dav~d D. Rowlands, Jr.
City Manager
AJ;>PROVED AS TO FORM:
John M. Kaheny
City A~torney
J, \A«a=ey\Agree\l'rocess1Jlg . doc
J.3
Ig.~'7 ** TOTAL PAGE.02 **
P"",,"("r' 'TUp,.. """ p~snm ..........
SIGNATURE IP E
THE . CITY OF CHULA VISTA if
i ¡MARK PACIFIC HOMES, LP
David D. Rowlands, Jr, ,I
City Manager I:
APPROVED AS TO FORM: ' I
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John N. Kaheny
city Atto:rney ¡I
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EXHIBIT D
LIST OF CONSULTANTS
ENVIRONMENTAL
RECON - I-80S and East "H' Street Interchange Project
Mt. Miguel Road Project
Interim SR#125 Project
Dudek and Associates - I-80S and Telegraph Canyon Road Interchange Project
Paseo Ranchero Extension
TRAFFIC MODELING M'D ANALYSIS
Linscott Law & Greenspan - Traffic Analysis for each project listed above .plus
an analysis regarding traffic caps for Rolling Hills Ranch and San Miguel Ranch
plus some possible additional traffic analysis for I-80S and Palomar Interchange.
PROJECT MANAGEMENT
McGill MarÌinSelf, !ric. - Overall Project Management
ENGINEERING
Hunsaker & Associates (to be hired by developers)
Rick Engineering (to be hired by developers)
TR.<\FFIC DEMAND MANAGEMENT
SAt'IDAG and TMS
LEGAL
Remy and Thomas
Linda Bartz & Associates
/ f5" 7 'I
EXHIBIT E
DEVELOPER FORMULA PAYMENT
18..Jul-Q1
TOTAL CURENT OVER
DEVELOPER UNITS CAP CAP %
TRIMARK PACIFIC 1,350 892 458 40%
PACIFIC BAY 2,366 1,665 701 60%
3,716 2,557 1.159 100%
Transportation Demand Management 1/6 Pacific Bay Homes
1/6 Trimark Pacific
/Y-75 ** TOTRL PRGE.02 **
RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A TWO PARTY AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED BETWEEN
THE CITY OF CHULA VISTA AND McGILL MARTIN &
SELF, INc. FOR PROJECT MANAGEMENT SERVICES FOR
VARIOUS TRAFFIC ROADWAY AND I-80S FREEWAY
INTERCHANGE IMPROVEMENTS, AND AUTHORIZING
THE CITY MANAGER TO MAKE MINOR AMENDMENTS
TO SAID AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL SAID AGREEMENT
WHEREAS, in order to reduce traffic congestion and to meet the City's traffic threshold
standard while accommodating needed economic growth and development, a comprehensive
traffic capacity enhancement program will be implemented; and
WHEREAS, Project Management services for four of the six traffic capacity
enhancement projects will be conducted by the firm of McGill Martin and Self, Inc. (MMS) who
submitted a project management scope of work proposal for $30,000 a month for 12 months at a
cost of $360,000; and
WHEREAS, the City Manager will be authorized to extend this contract for a period not
to exceed six additional months at a cost of $180,000 for a total contract cost of $540,000; and
WHEREAS, MMS is familiar with engineering and environmental issues affecting the
City of Chula Vista, particularly in the eastern territories, and has worked on the Olympic
Parkway and Salt Creek Sewer projects; and
WHEREAS, it is recommended that the consultant selection process of Municipal Code
Section 2.56.070 be waived as impractical and potentially detrimental to the project's timeline in
that MMS has performed well when previously used by the City, has extensive experience with
projects in the Otay Ranch area and other large City projects, is familiar with issues relative to
the City of Chula Vista, has demonstrated knowledge of issues facing the City, is familiar with
the City's review process, and is available to conduct these specialized traffic studies on an
expedited schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the Consultant Selection Policy and approve a Two Party Agreement
Substantially in the Form Attached between the City of Chula Vista and McGill Martin & Self,
Inc. for Project Management Services for Various Traffic Roadway and I-80S Freeway
Interchange Improvements, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make
minor amendments (with the approval of the City Attorney) to said agreement and is authorized
to execute the final agreement on behalf of the City ofChula Vista.
/8-7b
Presented by Approved as to form by
~~~~
John P. Lippitt John M. Kaheny -
Director of Public Works City Attorney
nattorneylresol Traffic Enhancement-MMS
/¿l-77
2 I
Parties and Recital Pagers)
Agreement between
City of Chula Vista
and
McGill Martin Self, Inc. (MMS)
for Project Management Services for Eastern Chula Vista Traffic Capacity Enhancements
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, MMS has submitted a proposal to provide project management
services for eastern Chula Vista traffic capacity enhancements; and,
Whereas, MMS will provide project management services for the preliminary
engineering and environmental approval processing for the traffic capacity
enhancement in eastern Chula Vista; 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;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A.
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A. Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
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
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General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
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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 Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A. Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
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It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A. Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer,
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to 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
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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.
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D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any 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
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Consultant shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful 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, 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 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
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event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13, Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed 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.
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14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
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All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
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 lawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and McGill Martin Self, Inc.
(MMS)
for Eastern Chula Vista Traffic Enhancements - Traffic Engineering Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: July ,2001 City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: McGill Martin Self, Inc.
By:
Harry Burrowes, P.E.
Exhibit List to Agreement
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() Exhibit A.
Exhibit A
to
Agreement between
City of Chula Vista
and
[Name of Consultant]
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: McGill Martin Self, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
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310 Third Avenue, Suite 8-6
Chula Vista, California 91910
Voice Phone (619) 425-1343
Fax Phone (619) 425-1357
7. General Duties: Consultant will provide Project Management services for the
preliminary engineering and environmental approval processing for the traffic capacity
enhancement improvements in eastern Chula Vista. The proposed projects involve the
following traffic and roadway improvements:
. Interstate 805 (1-805)/East Palomar Street Interchange
. Interim SR 125 Facility
. 1-805/East 'H' Street Improvements east of 1-805
. Mt Miguel Road (SR 125 to Proctor Valley Road)
. 1-805/Telegraph Canyon Road Improvements east of 1-805
. Paseo Ranchero Extension (Olympic Parkway to Main Street)
Projects
The eastern Chula Vista traffic capacity enhancement projects involve the accelerated
project approval for the construction of the following facilities:
1. Add a westbound to northbound right-turn lane on Telegraph Canyon Road at
the 1.805 Interchange: An additional westbound lane between Halecrest Drive to
the Interstate 805 and on the northbound on-ramp on Telegraph Canyon Road.
Traffic analyses (to be performed by LLG) will determine the extent of the eastern
limits of the required lane widening based upon vehicle storage and stacking
requirements. This project will also involve significant interface and coordination
with Caltrans regarding the ramp widening improvements required for the future
ramp metering projects and possibly the execution of reimbursement agreements
between the City of Chula Vista and Caltrans for design and construction costs.
2. 1-8051East H Street Interchange improvement: An additional lane would be
constructed at the East H Street northbound on-ramp and on East H Street just east
of the southern northbound on-ramp to Terra Nova Drive. Traffic analyses (to be
performed by LLG) will determine the extent ofthe eastern limits of the required lane
widening based upon vehicle storage and stacking requirements. This project will
also involve significant interface and coordination with Caltrans regarding the ramp
widening improvements required for the future ramp metering projects and possibly
the execution of reimbursement agreements between the City of Chula Vista and
Caltrans for design and construction costs.
3. Paseo Ranchero as a 2, 3, or 4-lane facility between Olympic Parkway and
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Main Street: Ultimately Paseo Ranchero is contemplated as a 6-lane arterial
roadway. The environmental approval will be for the ultimate facility. Based upon
the results of traffic analyses and improvement costs, a determination will be made
as to how the construction will be phased. It is anticipated that the first phase of
construction will be less that the ultimate 6-lane facility that is planned.
4. Mount Miguel Road: Construction of Mount Miguel Road from SR 125 to Proctor
Valley Road. Currently, this portion of Mount Miguel Road is planned to be
constructed after SR 125 is completed. This project will analyze the acceleration of
the construction prior to the construction or completion of SR 125. Offsite impacts
will need to be analyzed for traffic on Proctor Valley Road and other surface streets.
5. Interim SR-125 Alternatives: The Interim SR 125 facility will consist of a 4-lane
arterial roadway within the ultimate planned SR 125 RO.W. from Olympic Parkway
north to the terminus of the SR 125 'Connector' project. Intersections will be at
grade and may utilize the future on/off ramp geometry if feasible. Environmental
analyses will utilize much of the previously performed studies and data for SR 125
where applicable. Grading work will be minimized depending upon geometry ofthe
portion north of East 'H' Street.
6. Interchange at 1-805 and East Palomar Road: This project is currently in the
'project development' phase within Caltrans. The City is under contract to Smith &
Kempton and Rick Engineering to provide project development and conceptual
engineering seNices. There are many major issues that are still in discussion that
will affect the final design, geometry, and cost of the interchange. These include:
Caltrans' agreement to even let the interchange be constructed given the
spacing distance between the interchanges at Olympic Parkway and Telegraph
Caltrans agreement to allow a half-diamond interchange to be constructed at this
location (In lieu of a full diamond).
FHWA administration suggestion that drop down HOV ramps be provided from
the over-crossing structure. This has further implications since 1-805 currently
does not have HOV lanes.
As part of the Rick Engineering contract, Helix Environmental has been retained to
prepare a Project Environmental Assessment Report (PEAR). The PEAR will identify
and provide preliminary environmental analysis regarding conceptual project
environmental constraints (i.e., hazardous materials, archeological/cultural, biology,
noise, aesthetics, air quality, and right-of-way). The PEAR will provide information that
will be the basis for the Initial Study.
8. Scope of Work and Schedule:
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A. Detailed Scope of Work:
The consultant will provide the following scope of work for managing the preliminary
engineering and environmental processing for the projects described above:
. Coordination and attendance of meetings between the 'Policy' team members,
technical team Project Manager and members, environmental team Project
Manager and members, engineering and environmental consultants and other
City staff as applicable.
. Coordination and attendance of meetings with landowners, developers and their
engineering consultants.
. Coordination and meetings with the City's traffic engineering consultant (LLG)
and meetings with LLG and City engineering staff.
. Review of applicable project documentation, plans, TDIF program, Interim SR
125 TDIF documents and studies, correspondence between the City and
Caltrans, CTV, the resource agencies, FHWA, and all CEQA related documents
as needed.
. Conduct regular "team" strategy meetings to keep all parties abreast of the
project status, identify important issues to be addressed, and discusslimplement
proposed solutions to these issues,
. Coordination and interface with City Attorney's office regarding certain
agreements, negotiations, environmental documents and ROW issues,
. Coordinate and facilitate meetings and telephone conferences with City staff
members, CTV, Caltrans, various Federal and state resource agencies, local
agencies, consultants, and legal representatives as required to obtain the
necessary project approvals,
. Document key events and actions and prepare action lists (with tasks and date
responsibility) for various entities to expedite the processing as necessary,
. Prepare project "flow charts" and schedules as necessary to keep the project on
track and make sure key issues, potential pitfalls, and critical path items are
identified and addressed,
. Coordinate and prepare written responses to agency letters and correspondence
including the assembling and preparation of technical and graphical exhibits,
. Act as a liaison between City staff, landowners/developers, Caltrans, other
agency staff and politicians as necessary,
. Preparation of reports and/or various presentations to the City Council and other
entities as needed regarding project status and issues,
. Preparation of draft agreements and coordination with City attorney's office,
Public Works/Engineering, and Caltrans and SANDAG as necessary regarding
reimbursement agreements to advance funds for the design and construction of
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certain facilities,
. Assist the City and City's consultants in the gathering and preparation of certain
data and other information as needed in the updating and revising of the
Transportation DIF and Interim SR 125 DIF,
. Negotiate and/or assist in the negotiation of permit conditions with the various
federal and state resource agencies and elected officials, and
. Provide other professional consulting services as requested by the City
Rate Schedule
CateQories of Employee of Consultant Name Hourly Rate
Sr. Principal Mike McGill $165.00/hr
Principal Project Manager Harry Burrowes $150.00/hr
Project Manager I Christopher Teng $120.00/hr
Senior Professional $110.00/hr
Associate Professional $100.00/hr
Assistant Professional $85.00/hr
Technical AssistanUClerical $55.00/hr
Expenses (Prints, Postage, etc.) Actual costs
Mileage $0.45/mile
B. Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
() Other:
C. Dates or Time Limits for Delivery of Deliverables:
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Deliverable No.1: Project Management services required for the
preliminary design and environmental document approval of six traffic enhancement
projects in eastern Chula Vista coincident with deliveries from environmental and traffic
consultants.
D. Date for completion of all Consultant services:
February 1, 2003
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.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
1. Traffic Counts
2. Traffic Reports for Eastern Territories Developments, as Needed
3. Topographic Plats for Area in Vicinity of the Six Projects
4. Copies of Improvement and Grading Plans as Needed
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
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--
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
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Phase Fee for Said Phase
1. $
2. $
3. $
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) ( X) 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
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agrees that Consultant will perform all of the Defined SeNices herein
required of Consultant for $540,000.00 including all Materials, and other
"reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant shall not
be entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional SeNices at Consultant's own cost
and expense.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
Sr. Principal Mike McGill $ 165.00
Principal Project Manager Harry Burrowes $ 150.00
Project Manager I Christopher Teng $ 120.00
Senior Professional $110.00
Associate Professional $ 100.00
Assistant Professional $ 85.00
Technical Assistant/Clerical $ 55.00
() Hourly rates may increase by 6% for seNices rendered after
August, 2001, if delay in providing seNices is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of seNices herein required, City shall pay Consultant at the rates or amounts set forth
below:
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() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
( X) Copies, not to exceed $_: Actual Costs
( X) Mileage, not to exceed $0.45 per mile: Actual Costs
( X) Printing, not to exceed $_: Actual Costs
(X) Postage, not to exceed $_: Actual Costs
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: Frank Rivera, P.E., T.E.
Consultant: Harry Burrowes, P.E.
McGill Martin Self, Inc.
310 Third Avenue, Suite B-6
Chula Vista, California 91910
14. Liquidated Damages Rate:
( ) $- per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
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() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
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B. Day of the Period for submission of Consultant's Billing:
( X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant SeNices
( ) Other:
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RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A TWO PARTY AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED BETWEEN
THE CITY OF CHULA VISTA AND LINSCOTT LAW &
GREENSPAN FOR TRAFFIC MODELING AND TRAFFIC
ANALYSIS IN CONJUNCTION WITH ENVIRONMENTAL
REVIEWS FOR VARIOUS TRAFFIC ROADWAY AND I-80S
FREEWAY INTERCHANGE IMPROVEMENTS, AND
AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FINAL SAID AGREEMENT
WHEREAS, in order to reduce traffic congestion ~nd to meet the City's traffic threshold
standard while accommodating needed economic growth and development, a comprehensive
traffic capacity enhancement program will be implemented prior to the construction of SR-125;
and
WHEREAS, Traffic Engineering consultant services are proposed by the firm of
Linscott, Law & Greenspan (LLG) who submitted a proposal of$135,000 for six projects; and
WHEREAS, Traffic Engineering services for the East Palomar Street/I-80S interchange
total $17,000 of the $135,000 and it is anticipated that this work should not be needed since Rick
Engineering's subconsultant Urban Systems is contracted for that particular project; and
WHEREAS, LLG will only work on the East Palomar Street interchange project if there
are unique traffic studies not previously identified with the scope of services with Rick
Engineering Company; and
WHEREAS, LLG is familiar with traffic issues affecting the City of Chula Vista,
particularly in the eastern territories and has completed the EIRs for several major land
development projects (Otay Ranch Villages 6 & II, EastLake Trails & Eastlake III) for the City
and numerous traffic studies such as special analysis for Telegraph Canyon Road and East H
Street under a number ofbuildinglinfrastructure scenarios; and
WHEREAS, a draft of the contract is in substantially its final form; staff is
recommending that the City Council approve the contract but authorize the City Manager to
make minor changes to the contract with the City Attorney's approval and authorize the City
Manager to execute the final contracts on behalf of the City; and
WHEREAS, it is recommended that the consultant selection process of Municipal Code
Section 2.56.070 be waived as impractical and potentially detrimental to the project's time line in
that LLG has performed well when previously used by the City, has experience in the area where
their services are needed, has conducted traffic modeling services and other professional services
with good results for Rolling Hills Ranch, is familiar with issues relative to the City of Chula
/
-'---------'-----------'------------------- -
Vista, has demonstrated knowledge of issues facing the City, is familiar with the City's review
process, and is available to conduct these specialized traffic studies on an expedited schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the Consultant Selection Policy and approve a Two Party Agreement
substantially in the form attached between the City of Chula Vista and Linscott Law &
Greenspan for Traffic Modeling and Traffic Analysis in conjunction with Environmental
Reviews for various traffic roadway and I-80S Freeway Interchange Improvements, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make
minor amendments to said agreement with the approval of the City Attorney and is authorized to
execute the final agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
~ J /!l(4J
John P. Lippitt JOh~aheny Þj
Director of Public Works City Attorney
nattomeylresol Traffic Enhancement-Lmscott Law & Greenspan
I
2
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Linscott, Law & Greenspan Engineers (LLG)
for Eastern Chula Vista Traffic Capacity Enhancements - Traffic Engineering Services
This agreement ("Agreement"), dated for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
Whereas, LLG has submitted a proposal to provide professional traffic
engineering services for six projects as outlined below:
Interstate 805 (1-805)/East Palomar Street interchange
Paseo Ranchero extension
East H Street improvements just east of 1-805
Telegraph Canyon Road improvements just east of 1-805
Interim SR-125
Mount Miguel Road; and,
Whereas, LLG will prepare six separate traffic studies for each of the six
environmental documents; and,
Whereas, LLG will prepare a traffic study to determine how much the additional
dwelling units could be constructed if the improvement was in place for San Miguel
Ranch and Rolling Hills Ranch if the East H Street and Mount Miguel Road
improvements were implemented; and,
Whereas, LLG will complete a total of 13 traffic studies; 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;
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(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class Y" 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
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I (
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
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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 Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
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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
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
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Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any 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.
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Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its
elected and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful 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, 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 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.
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25,1999 Page 9
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10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. I ndependent 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
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 10
/8-/14
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
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May 25,1999 Page 11
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If the box on Exhibit A. Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
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 LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
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Signature Page
to
Agreement between City of Chula Vista and Linscott, Law & Greenspan Engineers
(LLG)
for Eastern Chula Vista Traffic Capacity Enhancements - Traffic Engineering Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: July -' 2001 City of Chula Vista
by:
David D. Rowlands Jr., City Manager
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Linscott, Law & Greenspan Engineers
By:
[John Boarman, P.E., Principal]
Exhibit List to Agreement
(X) Exhibit A.
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May 25, 1999 Page 13
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Exhibit A
to
Agreement between
City of Chula Vista
and
Linscott, Law & Greenspan Engineers (LLG)
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: ' a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Linscott, Law & Greenspan Engineers
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
8989 Rio San Diego Drive, Suite 1
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 14
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San Diego, California 92108
Voice Phone (619) 299-3090
Fax Phone (619) 299-7041
7. General Duties: Consultant will provide professional traffic engineering services for
the Eastern Chula Vista Traffic Capacity Enhancement project. Six environmental
documents will be prepared for six projects as outlined below to the satisfaction of the
City Manager:
. Interstate 805 (1-805)/East Palomar Street interchange
. Paseo Ranchero extension
. East H Street improvements just east of 1-805
. Telegraph Canyon Road improvements just east of 1-805
. Interim SR 125
. Mount Miguel Road
Consultant will prepare six separate traffic studies for each of the six EIRs and will also
prepare six separate studies estimating the number of additional dwelling units, which
could be constructed if the improvement was implemented. Lastly, a traffic study will be
prepared to determine how much the "cap" could be increased for San Miguel Ranch
and Rolling Hills Ranch if the East H Street and Mount Miguel Road improvements were
implemented. A total of 13 traffic studies will be completed.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. EIR TRAFFIC STUDIES
A. I-BO5IEast Palomar Street interchange
1. Conduct existing AM/PM peak hour counts at the East Palomar Street
intersections at Nacion Avenue and Oleander Avenue.
2. Conduct a three-day tube count on East Palomar Street at 1-805.
3. Obtain existing traffic volumes on 1-805 from Caltrans.
4. Prepare the existing conditions section of the traffic study.
5. Obtain buildout traffic volumes at the Telegraph Canyon Road, East
Palomar Street and Olympic Parkway interchanges and at the key
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May 25, 1999 Page 15
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intersections along East Palomar Street with the East Palomar StreetJl-
805 interchange from our prior analysis.
6. Conduct a model run without the East Palomar Street interchange.
7. Determine the peak hour traffic volumes without the interchange at the
Telegraph Canyon Road and Olympic Parkway interchanges and at the
key intersections along East Palomar Street.
8. Determine the AM/PM peak hour LOS at all key intersections with and
without the interchange.
9. Determine the street segment LOS with and without the interchange.
10. Prepare a traffic study outlining the results of the analysis to the
satisfaction of the City Engineer.
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May 25, 1999 Page 16
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B. Paseo Ranchero
1. Conduct existing AM/PM peak hour count at the Paseo Ranchero
intersections at Telegraph Canyon Road, East Palomar Street and
Olympic Parkway.
2. Prepare the existing conditions section of the traffic study.
3. Conduct a future year model run with and without Paseo Ranchero
extended between Olympic Parkway and Telegraph Canyon Road.
4. Determine peak hour traffic volumes at the Paseo Ranchero intersections
at East H Street, Telegraph Canyon Road, East Palomar Street and
Olympic Parkway with and without Paseo Ranchero extended.
5. Determine AM/PM LOS at the key intersections with and without Paseo
Ranchero extended.
6. Determine the street segment LOS with and without the extension.
7. Prepare a traffic study outlining the results of the analysis to the
satisfaction of the City Engineer.
C. East H Street east of 1-805
1. Conduct existing AM/PM counts at the East H Street intersections at
1-805, Hidden Vista Drive and Terra Nova Drive. Conduct separate HOV
counts.
2. Obtain existing traffic volumes on 1-805 from Caltrans.
3. Prepare the existing conditions section of the traffic study.
4. Determine buildout traffic volumes at the four intersections on H Street.
5. Determine the AM/PM LOS at the key intersections with and without the
proposed improvements.
6. Prepare a traffic study outlining the results of the analysis to the
satisfaction of the City Engineer.
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1 999 Page 17
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D. Telegraph Canyon Road east of 1-805
1. Conduct existing AM/PM counts at the Telegraph Canyon Road
intersections at 1-805, Halecrest Drive and Crest Drive. Conduct
separate HOV counts.
2. Obtain existing traffic volumes on 1-805 from Caltrans.
3. Prepare the existing conditions section of the traffic study.
4. Determine buildout traffic volumes at the four intersections on Telegraph
Canyon Road.
5. Determine the AM/PM LOS at the key intersections with and without the
proposed improvements.
6. Prepare a traffic study outlining the results of the analysis to the satisfaction
of the City Engineer.
E. Interim SR 125
1. Document existing conditions in the area.
2. Conduct a future year model run with and without the construction of interim
SR 125 from Mount Miguel Road to Olympic Parkway.
3. Determine peak hour traffic volumes at the key signalized intersections with
interim SR 125.
4. Determine the AM/PM peak hour LOS at the key intersections.
5. Conduct a street segment analysis with interim SR 125.
6. Recommend intersection configurations to accommodate anticipated traffic
volumes.
7. Prepare a traffic study outlining the results of the analysis to the satisfaction
of the City Engineer.
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F. Mount Miguel Road
1. Conduct existing AM/PM peak hour counts at five intersections in the
study area.
2. Conduct a three-day tube count at three locations.
3. Prepare the existing conditions section of the traffic study.
4. Conduct a model run with and without Mount Miguel Road.
5. Determine peak hour traffic volumes at the key intersections with and
without Mount Miguel Road.
6. Determine the street segment LOS with and without Mount Miguel Road.
7. Determine if significant impacts would result due to the construction of
Mount Miguel Road.
8. Recommend mitigation as appropriate.
9. Prepare a traffic study outlining the results of the analysis to the
satisfaction of the City Engineer.
II. DWELLING UNIT INCREASE ESTIMATION
Fourofthe six capacity enhancements are new roadways or interchanges while the other two
are additional lanes at existing locations. Different techniques will be used to estimate the
dwelling unit increase, which would result from new roadways versus additional lanes at
existing locations.
A. New Roadways Capacity
1. Conduct new model runs (or use prior models) with and without the
proposed roadway.
2. Determine the net decrease in traffic on East H Street and
Telegraph Canyon Road due to the new roadway, which has not been
determined to date.
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May 25, 1999 Page 19
/'i-/}3
3. Developed a formula to translate traffic decreases on East H Street and
Telegraph Canyon Road to a number of additional dwelling units, which
could then be constructed.
4. Provide a traffic report outlining the results.
B. Additional Lanes Improvements
5. Conduct a Synchro analysis of the existing conditions near the
interchange.
6. Input the interchange improvements into the Synchro program.
7. Determine the delay decrease due to the improvements.
8. Translate the delay decrease into a speed increase and then a dwelling
unit amount.
9. Prepare a traffic report outlining the results to the satisfaction of the City
Engineer.
III. SAN MIGUEL RANCH/ROLLING HILLS RANCH "CAP" STUDY
1. Conduct a speed and traffic volume count on East H Street under existing
conditions.
2. Assuming East H Street and Mount Miguel Road are improved, determine the
speed increase estimate.
3. Determine at approximately what point in time East H Street would not meet City
standards, assuming the above improvements are completed.
4. Determine how many homes could be built within each development during that
time frame.
5. Produce a traffic study outlining the results to the satisfaction of the City
Engineer.
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May 25,1999 Page 20
/ 'i-I)'!
IV, MEETINGS/HEARINGS
1, Attend 12 meetings with and at the direction of the City's Contract
Administrator.
2, Attend three public hearings at the direction of the City's Contract
Administrator.
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COST AND TIME
Fees for the services outlined above is $115,000.00 as follows:
I. EIR Traffic Studies
A. 1-805/East Palomar Interchange $ 10,000.00
B. Paseo Ranchero 7,000.00
C. East H Street East of 1-805 10,000.00
D. Telegraph Canyon Road east of 1-805 10,000.00
E. Interim SR 125 13,000.00
F. Mount Miguel Road 15,000.00
II. Dwelling Unit Increase Estimation
A. 1-805/East Palomar Interchange 6,000.00
B. Paseo Ranchero 4,000.00
C. East H Street East of 1-805 8,000.00
D. Telegraph Canyon Road east of 1-805 8,000.00
E. Interim SR 125 4,000.00
F. Mount Miguel Road 5,000.00
III. San Miguel Ranch/Rolling Hills Ranch CAP 10,000.00
III. Meetings/Hearings 5,000.00
TOTAL $ 115,000.00
B. Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: I. EIR Traffic Studies, August 1, 2002.
Deliverable No.2: II. Dwellinq Unit Increase Estimation, October 1,2002.
Deliverable No.3: III. San Miquel Ranch/Rollinq Hills Ranch "Cap" Studv,
February 1, 2003
D. Date for completion of all Consultant services:
February 1, 2003
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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.
0 Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
1. Traffic Counts.
2. Traffic Reports for Eastern Territories Developments, as needed.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 23
/8-/:;7
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
B. (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
I. EIR Traffic Studies
A. 1-805/East Palomar Interchange $ 10,000.00
B. Paseo Ranchero 7,000.00
C. East H Street East of 1-805 10,000.00
D. Telegraph Canyon Road east of 1-805 10,000.00
E. Interim SR 125 13,000.00
F. Mount Miguel Road 15,000.00
II. Dwelling Unit Increase Estimation
A. 1-805/East Palomar Interchange 6,000.00
B. Paseo Ranchero 4,000.00
C. East H Street East of 1-805 8,000.00
D. Telegraph Canyon Road east of 1-805 8,000.00
E. Interim SR 125 4,000.00
F. Mount Miguel Road 5,000.00
III. San Miguel Ranch/Rolling Hills Ranch CAP 10,000.00
III. Meetings/Hearings 5,000.00
SUBTOTAL $ 115,000.00
'Contingency for Caltrans' Reports (if needed) $ 20,000.00
GRAND TOTAL $ 135,000.00
'Should the City determine that Caltrans has required additional studies, the parties
agree that Consultant shall prepare such additional studies as directed by City on a time
and materials basis up to a total sum of $20,000.
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 24
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$
$
$
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at'
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant for $ including all Materials, and
other "reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
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May 25, 1999 Page 25
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At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant shall not
be 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.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
() Hourly rates may increase by 6% for services rendered after
[month]. 19 ,if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
( X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $ -
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 26
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() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: Frank Rivera, P.E., T.E.
City of Chula Vista Department of Public Works
276 Fourth Avenue
Chula Vista, CA 91910
Consultant: John Boarman, P.E.
Linscott, Law & Greenspan Engineers
8989 Rio San Diego Drive, Suite 1
San Diego, CA 92108
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
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--
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( X ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Performance
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 28
í ~ ~ J 3;;...-
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( X ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( X ) Completion of All Consultant Services to the satisfaction of the
City Manager
( ) Other:
2pty13.wp Standard Form Two Party Agreement (Thirteenth Revision)
May 25, 1999 Page 29
/ 6-/33
RESOLUTION NO. 2001- ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULT ANT SELECTION
POLICY AND APPROVING A TWO PARTY AGREEMENT
SUBSTANTIALLY IN THE FORM ATTACHED BETWEEN
THE CITY OF CHULA VISTA AND RECON FOR
ENVIRONMENTAL SERVICES FOR THE INTERIM SR-125;
AND APPROVING A CONTRACT SUBST ANTIALL Y IN THE
FORM A TT ACHED, BETWEEN RECON, THE CITY OF
CHULA VISTA, PACIFIC BAY HOMES, AND TRIMARK
PACIFIC FOR ENVIRONMENTAL SERVICES FOR
IMPROVEMENTS TO I-80S AND EAST "H' STREET
INTERCHANGE AND MT. MIGUEL ROAD, AND
AUTHORIZING THE CITY MANAGER TO MAKE MINOR
AMENDMENTS TO SAID AGREEMENTS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
FINAL SAID AGREEMENTS
WHEREAS, in order to reduce traffic congestion and to meet the City's traffic threshold
standard while accommodating needed economic growth and development, a comprehensive
traffic capacity enhancement program will be implemented prior to the construction of SR-125;
and
WHEREAS, staff is proposing to use the environmental services of two different
consulting firms, RECON and Dudek & Associates, Inc.; and
WHEREAS, the expedited processing of the environmental documentation will facilitate
the overall process to ensure that the roadway facilities are in place within ¡he timeframe needed
to maintain the threshold standards and quality of life; and
WHEREAS, the consultants proposed have worked together as a team and have
demonstrated that they can work faster due to their knowledge of the projects and work
efficiently with City staff and meet the requirements of the City's procedures, policies and staff;
and
WHEREAS, RECON is familiar with environmen1al issues relative to the City of Chula
Vista and has recently completed the Mitigated Negative Declaration for Leviton and the EIR for
Eastlake Trails; and
WHEREAS, a draft of the contracts is in substantially its final fonD; staff is
recommending that the City Council approve the contracts but authorize the City Manager to
make minor changes to the contract with the City Attorney's approval and authorize the City
Manager to execute the final contracts on behalf of the City; and
WHEREAS, it is recommended that the consultant selection process of Municipal Code
Section 2.56.070 be waived as impractical and potentially detrimental to the project's timeline in
that RECON has extensive experience with projects in the eastern territories, has demonstrated
/8-
~. ---.-----.-------.----- ---------
knowledge of issues facing the City, is familiar with the City's review process, and is available
to prepare the documents on an expedited schedule.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the Consultant Selection Policy and approve a Two Party Agreement
Substantially in the Form Attached with RECON for Environmental Services for the Interim SR-
125 and approve a Contract Substantially in the Form Attached with RECON, the City ofChula
Vista, Pacific Bay Homes and Trimark Pacific for Enviromnental Services for Improvements to
I-80S and East "H" Street Interchange and Mt. Miguel Road, copies of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make
minor amendments to said agreements with the approval of the City Attorney and is authorized
to execute the final agreements on behalf of the City of Chula Vista.
Presented by Approved as to form by
~~~~-
John P. Lippitt John. eny
Director of Public Works City Attorney
Jlottomeylrcsol Tramc Enhancement-RECON
2
-- ------------- -----------------------------
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
RECON
For Environmental Services for the Interim SR-125 Project
This agreement ("Agreement"), dated July 24, 2001 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A. paragraph 6 ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, the Traffic Monitoring Program has identified that traffic volumes have
increased in the eastern portion of the City Of Chula Vista, while prevailing speeds are
declining; and,
Whereas, the construction of SR-125 has been delayed, resulting in an increase
of traffic volumes on City surface streets; and
Whereas, the City and the Development Community are exploring means to
address existing and future traffic condition in order to maintain the traffic Threshold
Standards and assure compliance with the City's Growth Management Ordinance; and,
Whereas, during the Annual Review by the Growth Management Oversight
Commission (GMOC), a number of street improvements, including road widenings,
intersection improvements and accelerated planned improvements were identified to
enhance traffic capacity; and,
Whereas, the parties have determined that it is necessary and appropriate to
prepare an environmental document(s) that addresses potential impacts and identifies
mitigation measures for significant impacts related to proposed street improvements;
and,
Whereas, an expedited schedule is necessary to facilitate the overall process to
ensure that the roadway facilities are in place within the timeframe needed to maintain
the traffic Threshold Standards and quality of life; and,
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/<6' /36
-..---..-.-------.---.-
Whereas, the expedited preparation of an environmental document(s)
necessitates the hiring of an environmental Consultant; and
Whereas, it is in the City's best interest to waive the City's formal bidding process
as impractical in that the City is in immediate need of an experienced Consultant;
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they can prepare and deliver the services in an expedited
manner; that they have a demonstrated knowledge of issues that pertain to growth in
Chula Vista and in particular in the eastern portion of the City, and that they can work
efficiently and effectively with City staff.
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
. and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C, Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit
applied separately to each project away from premises owned or rented by Consultant,
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.
Page 4
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--..
H. Securitv for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19,
Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
Page 5
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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 Consultant according to the terms
and conditions set forth in Exhibit A. Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A. Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 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
performance, The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Page 6
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Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to 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.
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D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any 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,
Page 8
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liability, cost and expense (including without limitation attorneys' fees) arising out of the
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 sole negligence or sole 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, 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 determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
Page 9
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on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein,
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed 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
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I
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15, Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount equal
to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16, Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
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D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
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 LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and RECON
for Environmental Services for the Interim SR-125 Project
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: July -' 2001 City of Chula Vista
By:
David D. Rowlands, Jr.
City Manager
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M, Kaheny, City Attorney
Dated: RECON Environmental, Inc.
A California Corporation
By:
Charles S. Bull, President
Exhibit List to Agreement
(X) Exhibit A.
Page 13
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Exhibit A
to
Agreement between
City of Chula Vista
and
REcaN
1. Effective Date of Agreement: July -' 2001
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: , a [insert
business form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
RECON
1927 Fifth Avenue, Suite 200
San Diego, CA 92101-2358
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
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RECON
1927 Fifth Avenue, Suite 200
San Diego, CA 92101-2358
Voice Phone: (619) 308-9333
Fax Phone: (619) 308-9334
7. General Duties: Provide Environmental Services for the preparation of an
environmental document for the Interim SR-125 project, all to the satisfaction of the
City's Environmental Review Coordinator.
8. Scope of Work and Schedule:
A. Preliminary Scope of Work for Interim SR-125 Environmental Studies:
Task 1 Initial Meetings
RECON will meet with the City of Chula Vista and Caltrans to outline the
environmental review process for the Interim SR-125 improvements, Based on
these initial meetings, refinements to this scope of work will be developed by the
City. While Caltrans participation is anticipated, no federal involvement is
planned. Because no federal involvement is considered, the environmental
process is designed to comply with the California Environmental Quality Act
(CEQA) and not the National Environmental Policy Act NEPA). Should a federal
action be required, compliance with the NEPA standards will be completed if
authorized by the City as Additional Services to this scope of work.
Task 2 Prepare CEQA Initial StudylEnvironmental Checklist
RECaN will prepare the Initial Study/Environmental Checklist with references or
explanations for all answers to questions for each environmental issue on the
checklist in compliance with current case law.
The City of Chula Vista environmental checklist form will be used. Upon
completion of the discussion of each issue, the appropriate Initial Study checklist
box will be marked. Several technical issues will be reviewed as part of this
initial study.
Since these issues are needed to address both the initial study and the ultimate
environmental document (either the negative declaration or the environmental
impact report) they are included during the initial phase of the analysis.
Project Description: Based on project materials and plans provided by the City,
prepare a detailed project description for the Initial Study that can also be used
for a Negative Declaration if appropriate. The project description will include
graphics to accurately depict the project for the public. The City will provide the
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basis for the graphics,
Biology: RECON will assess the potential for both direct and indirect biological
impacts from the proposed project The tasks associated with biological
resources include the following:
a. Conduct a search of the records of the California Natural Diversity Data
Base (California Department of Fish and Game) to determine what sensitive
species have been reported from the vicinity of the project.
b. Review the biological information generated as part of the environmental
review for SR-125 and assess the currency of the existing information.
c. Interface, and meet upon request, with the planners and environmental
consultants for the SR-125 project to identify potentially significant biological
issues and outline mitigation options, should significant impacts be predicted,
d. Record any inventoried biological resources located during the survey and
comply with the reporting requirements of the Natural Diversity Data Base.
e. Prepare a biological technical report that describes biological resources
occurring on the property, assesses the impact of the proposed alignment and
discusses mitigation measures, if necessary.
f. If 401/404 or 1601/1603 permits are required for the project, these permits
will be completed as authorized as Additional Services under a separate
authorization by the City's Environmental Review Coordinator.
g. Additional studies may be required by the jurisdiction or resources
agencies, such as a wetland delineation, directed searches for particular
sensitive species, or a habitat restoration plan if any native or wetland habitat is
impacted. These and any other special studies will be conducted as Additional
Services with authorization from the City's Environmental Review Coordinator.
Archaeology: A Registered Professional Archaeologist will supervise the
archaeological resources study. RECaN will assess the potential for both direct
and indirect archaeological impact from the proposed project The following
tasks will be completed:
a. Conduct a cultural resources record search of the archives at the South
Coastal Information Center at San Diego State University and the San Diego
Museum of Man for areas within one-half mile of the project site.
b. Review the archaeological and historical resource information generated
as part of the environmental review for SR-125 and assess the currency of the
existing information.
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c. Interface and meet upon request with the planners and environmental
consultants for the SR-125 project to identify potentially significant cultural
resource issues and outline mitigation options, should significant impacts be
predicted,
d. Record any inventoried resources located during the survey and comply
with the reporting requirements of the local clearinghouse.
e. Prepare a written technical report that describes resources occurring on
the property, assesses the impact of the proposed alignment and discusses
mitigation measures, if necessary.
Paleontology: RECON will review the underlying geological information, and,
using secondary sources, assess the paleontological potential for paleontological
resources likely to be affected by the project. Appropriate mitigation (usually
monitoring of construction affecting sensitive geological formations) will be
recommended,
Geology/Soils: RECON will review existing geology and soils reports prepared
for the project, and include an assessment of geological issues in the initial
studies discussion,
Air Quality: The EIRIEIS for SR-125 determined that hot spot air quality issues
were not significant for the proposed freeway. It is not anticipated that the interim
facility will cause a significant localized hot spot air quality impact.
Projected traffic volumes will be compared with the volumes used in the most
recent implementation plan and air quality analysis conducted by SANDAG, All
calculations will be based on traffic information provided by the City, A written
report summarizing the findings of the air quality analysis will be submitted for
review and approval by the City.
Hydrology/Water Quality: RECON will review existing geology and soils reports
prepared for the project, and include an assessment of geological issues in the
initial studies discussion.
Visual Aesthetics/Grading: Based on a field visit, the proposed project grading
plan, and other secondary sources, a landform alteration/visual quality discussion
which addresses the Initial Study checklist questions will be provided.
Traffic and Circulation: RECON will summarize the results of the traffic and
circulation issues provided by the City.
Noise: RECON will conduct a noise study to address possible increases in
noise levels from traffic on the interim facility. All noise analysis will be based on
traffic volumes and grade configurations provided by the City. Noise levels will
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be evaluated for conformance with City noise standards. The following tasks will
be performed:
a. Using measurement results from the environmental review process for the
proposed SR-125, describe, in writing, existing noise conditions in the vicinity of
the project.
b. Estimate future vehicular traffic noise levels using the Stamina 2.0 version of
the Federal Highway Administration Noise Prediction Model. Modeling will use
potential future grades of the interim facility and information concerning proposed
developments adjacent to the roadway.
c. The results of the model will be expressed in community noise equivalent
levels, which is the basis for the City's standard,
d, Determine appropriate mitigation measures for potentially significant impacts
to sensitive uses in the vicinity of the roadway, The analysis will calculate the
necessary barrier height, or other mitigation options, to reduce noise levels to the
standard set by the City, and/or conditions for review of future project approvals
adjacent to the roadway.
e. Prepare a written noise technical report, in writing, that describes the study
methods and results outlined above and specifies any noise mitigation measures
that may be needed.
RECON will submit five screen check draft copies of the Initial Study to the City
for review and approval.
Task 3 Document Options
There are two options for the environmental document required for the project.
Either a mitigated negative declaration (MND) will be prepared, or an
environmental impact report (EIR). The determination of the preferred document
will be made by the City upon review and consideration of the Initial Study.
Either Option A or Option B, below, will be performed by consultant upon
direction to do so by the City:
Task 3a OPTION A: Mitigated Negative Declaration
If it is determined that all impacts can be adequately mitigated RECON will
prepare a draft Mitigated Negative Declaration supported by technical documents
described above will be completed in accordance with CEQA and the CEQA
Guidelines Section 15070 et seq. RECON will also prepare all CEQA-related
Notices for review and approval by the City.
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The Mitigated Negative Declaration will include a brief description of the project,
the project location and map, and a proposed finding that the project will not have
a significant effect on the environment. A copy of the Initial Study documenting
reasons to support the finding, and project mitigation measures to avoid
potentially significant effects will be attached. In addition, a Mitigation Monitoring
and Reporting Program (MMRP) will be prepared, if needed.
RECaN will submit five screencheck draft copies of the draft MND and MMRP to
the City for review and approval, and make one set of revisions, to all
documents, based on written comments.
RECON will provide, at a minimum, 25 copies of the Draft MND and MMRP, and
Technical Appendices, as necessary to be distributed by the City for public
review.
RECON will provide responses to comments received during the public review
period and prepare 25 copies of the Final MND and MMRP, and Technical
Appendices, as necessary,
Task 3b OPTION B: EIR
In the event that an EIR is required by the City, RECaN shall complete the
following tasks:
Notice of Preparation
RECaN will prepare a notice of preparation for distribution by the City of Chula
Vista. The notice will include a project description and will solicit input on the
scope of the EIR. The EIR will summarize the comments received as a result of
the NOP,
Preparation of the draft EIR
Each of the issues identified as part of the initial study process, and summarized
above, will be discussed in the draft EIR. Each issue discussion will be
organized into five sections:
1. Existing conditions,
2. Thresholds of significance,
3. Significance of impacts prior to mitigation,
4. Mitigation measures
5. Significance of impacts after mitigation
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In addition to these specific issues, a discussion of cumulative impacts, growth
inducing impacts, and other CEQA mandated sections shall be included.
Project alternatives will be discussed. If an EIR is prepared for the project, a "no
project" alternative will be included as well as one design alternative, as provided
by the City of Chula Vista.
A mitigation monitoring report will be prepared describing the mitigation
requirements and identifying the party responsible for completing the mitigation.
In addition to the NOP, RECON will also prepare all other necessary CEQA-related
Notices (Le. NOC, NOA, and NOD) for review and approval by the City.
Review and Revise
RECON will submit 25 copies of the first screencheck draft of the EIR to the City
for review and approval, and make one set of revisions based on written
comments.
Submit 25 copies of the revised documents (second screencheck EIR) to City
staff. Make a second set of revisions (third screen check EIR) based on City's
written comments, if determined by the City to be necessary,
Submit 50 copies and one reproducible master of the public review document
(Draft EIR for Public Review), MMRP and all appendixes to the City.
Final EIR
Response to Comments
RECON will prepare response to comments received during the public review
period.
After review and approval by the City, RECON will produce a final set of
responses and produce 50 copies of the Final EIR and MMRP, and Technical
Appendices, as necessary.
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Task 4 Candidate CEQA Findings
RECON will prepare draft Candidate CEQA Findings for each significant impact
identified in the EIR. In addition, if there are any impacts that are not fully
mitigated, RECON will prepare a Statement of Overriding Considerations,
pursuant to CEQA Guidelines Section 15093[b].
Task 5 Meetings and Hearings
RECON's project manager will attend, upon request of the City, up to four public
hearings for the project, and will consult and meet with staff, as requested by
staff, to complete the environmental review process.
B. Date for Commencement of Consultant Services:
(X ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: October 1, 2001 (Initial Study and Draft Notice of
Preparation, if EIR required)
Deliverable No.2: October 15, 2001(if EIR required, Final Notice of
Preparation)
Deliverable No. 3a: November 1, 2001 (if MND required, Draft MND,
MMRP and draft Technical Appendices - 5 copies)
Deliverable No, 3b: November 30, 2001 (if EIR required, First
Screencheck EIR -25 copies; MMRP and draft Technical Appendices)
Deliverable No. 4a: December 15, 2001 (if MND required, Revised Draft
MND, MMRP and final Technical Appendices - 5 copies)
Deliverable No. 4b: January 15, 2002 (if EIR required, Second
Screencheck EIR - 25 copies; MMRP and Technical Appendices)
Deliverable No. 5a: January 15, 2002 (if MND required, Public Review
Draft MND, MMRP and Technical Appendices - 25 copies)
Deliverable No. 5b: February 21, 2002 (if EIR required, Third Screencheck
EIR - 10 copies; MMRP and Technical Appendices)
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Deliverable No.. 6a: February 28, 2002 (if MND required, Draft responses
to comments on MND)
Deliverable No. 6b: March 14,2002 (if EIR required, Draft EIR for Public
Review - 50 copies + MMRP, and Technical Appendices)
Deliverable No. 7a: March 21, 2002 (if MND required, Final MND and
MMRP-25 copies, and Technical Appendices)
Deliverable No, 7b: March 21, 2002 (if EIR required, Draft Candidate
CEQA Findings and Statement of Overriding Considerations, if necessary)
Deliverable No.8: May 14, 2002 (Draft set of Responses to Comments
on Draft EIR )
Deliverable No.9: June 15, 2002 (Final EIR)
Deliverable No.1 0 Meetings and Hearings
D. Date for completion of all Consultant services:
7/31/02, or date of City Council approval of the final environmental
document, whichever is later.
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.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage),
(X) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
Project Description
Improvement Plans
Traffic Study
11. Compensation:
A. () Single Fixed Fee Arrangement.
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For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or
for the Deliverables set forth below:
(X) Single Fixed Fee Amount: Up to But Not to Exceed $150,000 payable as
follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid, Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
notsatisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase, The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
Milestone or event! Fee
1. Signing of this Agreement by all parties/1 0%
2. Submittal of First Screencheck EIRI TBD
3. Clearinghouse starts public reviewfTBD
4. Completion of responses to comments and final environmental documentlTBD
5. Completion of City Council hearings on environmental documentlTBD
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B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee
associated with each phase of Services, in the amounts and at the times or
milestones or Deliverables set forth. Consultant shall not commence Services
under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase,
() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed, If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
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required of Consultant for $ including all Materials, and
other "reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant shall not
be entitled to any 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.
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
() Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
( X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $_:
() Copies, not to exceed $_:
() Travel, not to exceed $_:
() Printing, not to exceed $_:
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() Postage, not to exceed $_:
() Delivery, not to exceed $_:
() Long Distance Telephone Charges,
not to exceed $_.
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: Marilyn R.F. ponseggi
Environmental Review Coordinator
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Phone # (619) 585-5707
Consultant: Charles S. Bull, President
RECON
1927 Fifth Avenue, Suite 200
San Diego, CA 92101- 2358
Phone # (619) 308-9333
14. Liquidated Damages Rate:
( )$_perday.
( ) Other:
15, Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
() Category No, 4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property,
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() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Milestones
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Milestones
C. City's Account Number: STM346
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19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention, If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
(X) Retention Percentage: ~ %
( ) Retention Amount: $
Retention Release Event:
( X) Completion of All Consultant Services to the satisfaction of the
City's Environmental Review Coordinator.
( ) Other:
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Four Party Agreement
Between
City ofChula Vista,
RECON, Consultant, and
Pacific Bay Homes, and NNP- Trimark San Miguel, Developer
For Consulting Work to be Rendered with regard to:
East "H" Street! I-80S Improvements: and
Mount Miguel Road Extension
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes
ofreference only, and effective as of the date last executed by the parties hereto, between the
City of Chula Vista ("City") herein, a municipal corporation ofthe State of California, the person
designated on the attached Exhibit A as "Consultant" RECON whose business form and address
is indicated on the attached Exhibit A, and the entities collectively designated on the attached
Exhibit A as "Developer" Pacific Bay Homes, and NNP- Trimark San Miguel whose business
forms and addresses are indicated on the attached Exhibit A, and is made with reference to the
following facts:
2, Recitals, Warranties and Representations,
2.1 City Of Chula Vista has identified increasing traffic volumes in the eastern portion of
the City, while prevailing speeds are declining.
2.2 The construction schedule for SR-125 has been delayed; resulting in increased traffic
volumes along City surface streets.
2.3 The City and the Development Community are exploring means to address
existing and future traffic condition in order to maintain the threshold standards for traffic and
assure compliance with the City's Growth Management Ordinance.
2.4 During the GMOC Annual Review, a number of street improvements, including
road widenings, intersection improvements and accelerated planned improvements were
identified that could enhance traffic capacity in eastern Chula Vista.
2,5 Developer warrants that Developer is the owner of land located in the County of
San Diego, California, and in the vicinity of the "Property" as described in Exhibit A, Paragraph
1. ("Property"), or has an option or other entitlement to develop property within the vicinity of
"Property".
2,6 Developer desire to continue to develop their property to accommodate growth,
while maintaining the established threshold standards,
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2.7 In order for the City to implement the traffic improvements as described in Exhibit
A, Paragraph 2 ("Project Description"), Work ofthe general nature and type described in Exhibit
A, Paragraph 4, ("General Nature of Consulting Services") will need to be completed.
2.8. City does not presently have the "inhouse" staff or resources to process the
enviromnental documentation within the time frame necessary to maintain the threshold
standards. The expedited preparation of an enviromnental document( s) necessitates the hiring of
an enviromnental consultant.
2.9. This agreement proposes an arrangement by which Developer shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of
Consultant by this Agreement solely to, and under the direction of, the City.
2.10. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND DEVELOPER AS FOLLOWS:
3.1. Employment of Consultant by Developer.
Consultant is hereby engaged by the Developer, not the City, and at Developer's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
ofthe services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by Developer.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
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office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Developer, necessary or proper to
perform and complete the work and provide the Services required ofthe Consultant.
3.2. Compensation of Consultant.
Developer shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from
Developer. Developer shall not make any payments of compensation or otherwise directly to the
Consultant.
3.2.1. Additional Work. If the Developer, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Developer at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will
consult with Developer regarding the additional work, and if thereupon the Developer
fails or refuses to arrange and pay for said Additional Services, the City may, at its
option, suspend any further processing of Developer's Application until the Developer
shall deposit the City's estimate of the costs ofthe additional work which the City
determines is or may be required. Developer shall pay any and all additional costs for the
additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time
reduce the Services to be performed by the Consultant under this Agreement. Upon doing so,
City and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction. Upon failure to
agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials
budgeted by Consultant for the Services deleted,
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3.3. Security for Payment of Compensation by Developer,
3.3.1. Deposit. As security for the payment of Consultant by Developer,
Developer shall, upon execution ofthis Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
3.3,1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Developer not later than 30 days after the termination
ofthis Agreement and any claims resulting therefrom.
3.3.1.1.4. Developer shall be notified within 30 days after of the
use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3,1.1.5, At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Developer to supplement said Deposit Amount ig such amount as
City shall reasonably specify, and upon doing so, Developer shall, within 30 days pays said
amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms oftrust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of
Developer to pay Consultant for Services rendered under this agreement, City shall be entitled to
withhold processing of Developer's Application upon a breach of Developer's duty to
compensate Consultant.
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4. Non-Service Related Duties of Consultant.
4.1. Insurance,
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or
shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, which
names City and Developer as an Additional Insured, and which is primary to any policy which
the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City
and Developer in the same manner as members of the general public ("Cross-liability
Coverage").
4,1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2,1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Developer demonstrating same,
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility ofthe
City and the Developer. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course ofthe study or after its completion,
except on written concurrence of the City and Developer.
4.4. Communication to Developer.
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Consultant shall not communicate directly to the Developer except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Developer to
ensure the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Developer.
5.1. Documents Access.
The Developer shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Consultant,
within the possession of Developer reasonably useful to the Consultant in performing the
services herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2. Property Access.
The Developer hereby grants permission to the City and Consultant to enter and access
the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval ofthe Developer.
Consultant shall promptly repair any damage to the subject property occasioned by such entry
and shall indemnify, defend, and hold Developer harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Developer shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Developer may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
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disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate,
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter of the Project, or ("Prohibited Interest").
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-.,.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Developer or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term ofthis Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase ofthe work with such diligence which would assure its completion within a reasonable
period oftime. Termination of this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision ofthis agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed
pursuant to this agreement.
9,2. In the event of termination of this agreement by the CITY in the absence of
default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this agreement and prior to its termination.
9.3, The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination ofthis agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance ofthis agreement,
and all such documents and materials shall be the property ofthe City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Developer's cost, of all such documents to the Developer.
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9.5. Developer shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City
ofChula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to IndemnifY City and Developer re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Developer from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
ofthe Consultant, or any agent or employees, subcontractors, or others of City or Developer in
connection with the execution ofthe work covered by this Agreement, except only for those
claims arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees, or Developer, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Developer
in defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Developer, defend any
such suit or action brought against the City, its officers, agents, or employees or Developer.
Consultants' indemnification of City and Developer shall not be limited by any prior or
subsequent declaration by the Consultant.
11.2. Developer to IndemnifY City re Compensation of Consultant.
Developer agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
resulting from or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
12. Business Licenses
Developer agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Developer further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
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13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Developer shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4, Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
13,5. Capacity of Parties,
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe
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 ofChula Vista.
13.7. Modification.
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No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13,8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein,
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof,
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part ofthe parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies,
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary ofthe promises of Consultant to provide services paid for by Developer.
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(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of
this agreement, do hereby express their consent to the terms hereof by setting their hand hereto
on the date set forth adjacent thereto.
Dated: City of Chula Vista
By:
David D. Rowlands, Jr.
City Manager
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M. Kaheny
City Attorney
Dated: Consultant:
RECON
By:
Charles S. Bull
Dated: Developer:
Pacific Bay Homes
By:
Liz Jackson
Dated: Developer:
NNP - Trimark San Miguel, LLC
By:
Stephen Hester
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Exhibit B
Additional Recitals
Whereas, it is in the City's best interest to waive the City's formal bidding process as
well as impractical, in that the City is in immediate need of an experienced Consultant; and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they can prepare and deliver the services in an expedited manner; that they
have a demonstrated knowledge of issues that pertain to growth in Chula Vista and in particular
in the eastern portion of the City, and that they can work efficiently and effectively with City
staff; and
Whereas, the Developer has deposited an initial sum for the processing draft and final
environmental documents and all other necessary environmental documents as outlined in
Exhibit "A" including a mitigation monitoring program.
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Exhibit A
Reference Date of Agreement: July 24, 2001
Effective Date of Agreement: July, 2001
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: RECON ,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 1927 Fifth Avenue, Suite 200, San Diego, CA 92101-2358
Developer: Pacific Bay Homes
Business Form of Developer:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
Address:2300 Boswell Road, Suite 209, Chula Vista, CA 91914
Developer: NNP-Trimark San Miguel ,
Business Form of Developer:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A Limited Liability Corporation
Address:85 Argonaut. Suite 205, Aliso Viejo, CA 92656
1. Property (Commonly known address or General Description):
East "H" Streetll-805 Improvementst: Approximately 300 feet east of Hidden Vista Drive
to I-805/East "H" Street
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Mount Miguel Road Extension - Westward from several hundred east ofthe SR-125
corridor to the westerly boundary of San Miguel Ranch.
2, Project Description ("Project"):
East "H" Street/I-80S Improvements: Improvements along East "H" Street from
approximately 300 feet east of Hidden Vista Drive to I-80S/East "H" Street interchange.
Mount Miguel Road Extension - Extension of Mount Miguel Road, at it's approved
configuration, westward from the initial one-mile segment for approximately 0.75 miles to the
westerly boundary of San Miguel Ranch,
3. Entitlements applied for: NA
4. General Nature of Consulting Services ("Services--General"):
Preparation of environmental documents for both the East "H" Street/I-80S
Improvements and the Mount Miguel Road extension projects all to the satisfaction of the
City's Environmental Review Coordinator.
5. Detailed Scope of Work ("Detailed Services"):
East "H" Street/I-805 Improvements
Environmental Studies- Scope of Work
Task 1 Initial Meetings
RECON will meet with the City of Chula Vista and Caltrans to outline the environmental review
process for the improvements to East "H" Street/ 1- 805. Based on these initial meetings,
refinements to this scope of work will be developed by the City. While Caltrans participation is
anticipated, no federal involvement is planned. Because no federal involvement is considered,
the environmental process is designed to comply with the California Environmental Quality Act
(CEQA) and not the National Environmental Policy Act (NEPA). Should a federal action be
required, compliance with the NEP A standards will be completed if authorized by the City as
Additional Services to this scope of work.
Task 2 Prepare CEQA Initial Study/Environmental Checklist
RECON will prepare the Initial StudyÆnvironmental Checklist with references or explanations
for all answers to questions for each environmental issue on the checklist in compliance with
current case law.
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The City ofChula Vista enviromnental checklist form will be used, Upon completion of the
discussion of each issue, the appropriate Initial Study checklist box will be marked. Several
technical issues will be reviewed as part ofthis initial study. Since these issues are needed to
address both the initial study and the ultimate enviromnental document (either the negative
declaration or the enviromnental impact report) they are included during the initial phase of the
analysis.
Project Description: Based on project materials and plans provided by the City, prepare a
detailed project description for the Initial Study that can also be used for a Negative Declaration
if appropriate. The project description will include graphics to accurately depict the project for
the public. The City will provide the basis for the graphics.
Biology: RECON will assess the potential for both direct and indirect biological impacts from
the proposed project. The tasks associated with biological resources include the following:
a. Conduct a search ofthe records of the California Natural Diversity Data Base (California
Department ofFish and Game) to determine what sensitive species have been reported from
the vicinity of the project.
b. Conduct a biological resources survey of the potential area of impact, and a survey of the
adjacent property that will receive storm water runoff from the road. RECON biologists will
conduct a botanical survey of the property to search for sensitive plant species and a
zoological survey to search for sensitive animal species.
c. Prepare a vegetation map of the subject property showing natural plant communities and the
observed locations of rare and endangered species if any are located during the survey.
d. Record any inventoried biological resources located during the survey and comply with the
reporting requirements of the Natural Diversity Data Base.
e. Prepare a written biological technical report that describes biological resources occurring on
the property, assesses the impact of the proposed alignment and the alternative alignment on
the biological resources, and discusses mitigation measures, if necessary.
f. If 401/404 or 1601/1603 permits are required for the project, these permits will be completed
as part of this scope of work.
Additional studies may be required by the jurisdiction or resources agencies, such as a wetland
delineation, directed searches for particular sensitive species, or a habitat restoration plan if any
native or wetland habitat is impacted. These, and any other special studies, will be conducted as
Additional Services with authorization from the City's Enviromnental Review Coordinator.
Archaeology: A Registered Professional Archaeologist will conduct the archaeological resources
study. RECON will assess the potential for both direct and indirect archaeological impact from
the proposed project. The following tasks will be completed:
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a. Conduct a cultural resources record search of the archives at the South Coastal Information
Center at San Diego State University and the San Diego Museum of Man for areas within
one-half mile of the project site.
b. Perform a cultural resources field survey of the project area,
c. Prepare a written cultural resources technical report based on findings from the record search
and field survey ofthe site, identifying all cultural resources sites that could potentially be
impacted by the project, assessing their likely importance, and recommending further studies
or mitigation, as required. It is unlikely that any cultural resources will be impacted by the
proposed project.
Paleontology: RECON will review the underlying geological information, and, using secondary
sources, assess the paleontological potential for paleontological resources likely to be affected by
the project. Appropriate mitigation (usually monitoring of construction affecting sensitive
geological formations) will be recommended.
Geology/Soils: RECON will review existing geology and soils reports prepared for the project,
and include an assessment of geological issues in the initial studies discussion.
Air Quality: RECON will complete a Caline hot spot model for an at grade receiver 50 feet
from the edge of the proposed roadway, RECON will also compare the projected traffic volumes
at the intersection with the volumes used in the most recent implementation plan and air quality
analysis conducted by SANDAG. RECON will summarize the findings in a written report to be
submitted to the City. All calculations will be based on traffic information provided by the City.
Hydrology/Water Quality: RECON will review existing geology and soils reports prepared for
the proj ect, and include an assessment of geological issues in the initial studies discussion
Visual Aesthetics/Grading: Based on a field visit, the proposed project grading plan, and other
secondary sources, a landform alteration/visual quality discussion which addresses the Initial
Study checklist questions will be provided,
Traffic and Circulation: RECON will summarize the results of the traffic and circulation
issues provided by the City,
Noise: RECON will conduct a noise study to address possible increases in noise levels from
additional traffic, the new lanes, and the turn lane. All noise analysis will be based on traffic
volumes and grade configurations provided by the City. Noise levels will be evaluated for
conformance with City noise standards. The following tasks will be performed:
a. Measure existing noise levels at locations adjacent to the roadway. Measurement locations
will be selected to provide an understanding of the variability of noise levels near the project
site.
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b. Estimate future vehicular traffic noise levels using the Stamina 2,0 version of the Federal
Highway Administration Noise Prediction Model. The study will analyze noise caused by
future traffic on "H" Street and on the on-ramp to I-80S, The results of the model will be
expressed in community noise equivalent levels and the hourly Leq for the loudest hour. The
former is the basis for the City's standards and the Federal Highways Administration uses the
latter.
c. Determine appropriate mitigation measures for potentially significant impacts to sensitive
uses in the vicinity of the roadway improvements. The analysis will calculate the necessary
barrier height, or other mitigation options, to reduce noise levels to the standard set by the
City.
d. Prepare and submit to the City for review and approval, a written noise technical report that
describes the study methods and results outlined above and specifies any noise mitigation
measures that may be needed.
RECON will submit five screencheck draft copies ofthe Initial Study to the City for review.
Task 3 Document Options
There are two options for the enviromnental document required for the project. Either a
mitigated negative declaration (MND) will be prepared, or an enviromnental impact report (EIR).
The determination of the preferred document will be made by the City upon review and
consideration of the Initial Study. Either Option A or Option B, below, will be performed by the
Consultant upon direction to do so by the City
Task 3a Mitigated Negative Declaration
If it is determined that all impacts can be adequately mitigated RECON will prepare a draft
Mitigated Negative Declaration supported by technical documents described above will be
completed in accordance with CEQA and the CEQA Guidelines Section 15070 et seq.
The Mitigated Negative Declaration will include a brief description ofthe project, the project
location and map, and a proposed finding that the project will not have a significant effect on the
enviromnent. A copy of the Initial Study documenting reasons to support the finding, and
project mitigation measures to avoid potentially significant effects will be attached.
RECON will submit five screen-check draft copies ofthe draft MND to the City for review and
approval, and make one set of revisions, to all documents, based on written comments from the
City.
RECON will provide, at a minimum, 25 copies of the Draft MND and MMRP, and Technical
Appendices, as necessary to be distributed by the City for public review.
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RECON will provide responses to comments received during the public review period and
prepare a 25 copies of the Final MND and MMRP, and Technical Studies, as necessary.
Task 3b EIR
In the event that an EIR is required by the City, RECON shall complete the following tasks:
Notice of Preparation
RECON will prepare a notice of preparation for distribution by the City of Chula Vista. The
notice will include a project description and will solicit input on the scope of the EIR. The EIR
will summarize the comments received as a result of the NOP.
Preparation of the draft EIR
Each of the issues identified as part of the initial study process, and summarized above, will be
discussed in the draft EIR. Each issue discussion will be organized into five sections:
1. Existing conditions,
2. Thresholds of significance,
3. Significance of impacts prior to mitigation,
4. Mitigation measures
5. Significance of impacts after mitigation
In addition to these specific issues, a discussion of cumulative impacts, growth inducing impacts,
and other CEQA mandated sections will be included.
Project alternatives will be discussed. If an EIR is prepared for the project, a "no project"
alternative will be included as well as one design alternative, as provided by the City. A
mitigation monitoring report will be prepared describing the mitigation requirements and
identifying the party responsible for completing the mitigation.
In addition to the NOP, RECON will also prepare all other necessary CEQA-related Notices (i.e.
NOC, NOA, and NOD) for review and approval by the City.
Review and Revise
RECON will submit 25 copies ofthe first screencheck draft of the EIR to the City for review and
approval, and make one set of revisions based on written comments from the City.
RECON will submit 25 copies ofthe revised documents (second screencheck EIR) to City staff.
Make a second set ofrevisions (third screencheck EIR) based on City's written comments, if
determined by the City to be necessary.
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RECON will submit 50 copies and one reproducible master of the public review document (Draft
EIR for Public Review) and all appendixes to the City.
Final EIR
Response to Comments
RECON will prepare response to comments received during the public review period and will
submit five copies of draft responses to the City for review and approval.
After review and approval by the City, RECON will produce a final set of responses and 50
copies of the Final EIR and MMRP, and Technical Appendices, as necessary.
Task 4 Candidate CEQA Findings
RECON will prepare draft Candidate CEQA Findings for each significant impact identified in
the EIR. In addition, if there are any impacts that are not fully mitigated, RECON will prepare a
Statement of Overriding Considerations,
Task 5 Meetings and Hearings
RECON's project manager will attend, upon request of the City, up to four public hearings for
the project, and will consult and meet with staff, as requested by staff, to complete the
enviromnental review process.
Mount Miguel Road
Environmental Studies- Scope of Work
Task 6 Initial Meetings
RECON will meet with the City of Chula Vista to outline the enviromnental review process for
the extension of the Mount Miguel Road. Based on these initial meetings, refinements to this
scope of work will be developed by the City. The enviromnental process is designed to comply
with the California Enviromnental Quality Act (CEQA).
Task 7 Prepare CEQA Initial Study/Environmental Checklist
RECON will prepare the Initial Study/Enviromnental Checklist with references or explanations
for all answers to questions for each enviromnental issue on the checklist in compliance with
current case law.
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The City of Chula Vista environmental checklist form will be used, Upon completion of the
discussion of each issue, the appropriate Initial Study checklist box will be marked. Several
technical issues will be reviewed as part of this initial study. Since these issues are needed to
address both the initial study and the ultimate environmental document (either the negative
declaration or the environmental impact report) they are included during the initial phase of the
analysis.
Project Description: Based on project materials and plans provided by the City, prepare a
detailed project description for the Initial Study that can also be used for a Negative Declaration
if appropriate. The project description will include graphics to accurately depict the project for
the public. The City will provide the basis for the graphics.
Biology: RECON will assess the potential for both direct and indirect biological impacts from
the proposed project. The tasks associated with biological resources include the following:
g. Conduct a search of the records of the California Natural Diversity Data Base (California
Department ofFish and Game) to determine what sensitive species have been reported from
the vicinity ofthe project.
h. Conduct a biological resources survey of the potential area of impact, and a survey of the
adjacent property that will receive storm water runoff from the road. RECON biologists will
conduct a botanical survey ofthe property to search for sensitive plant species and a
zoological survey to search for sensitive animal species.
i. Prepare a vegetation map ofthe subject property showing natural plant communities and the
observed locations of rare and endangered species if any are located during the survey.
j. Record any inventoried biological resources located during the survey and comply with the
reporting requirements of the Natural Diversity Data Base.
k. Prepare a written biological technical report that describes biological resources occurring on
the property, assesses the impact of the proposed alignment and the alternative alignment on
the biological resources, and discusses mitigation measures, if necessary.
L If 401/404 or 1601/1603 permits are required for the project, these permits will be completed
as part of this scope of work.
Additional studies may be required by the jurisdiction or resources agencies, such as a wetland
delineation, directed searches for particular sensitive species, or a habitat restoration plan if any
native or wetland habitat is impacted. These, and any other special studies, will be conducted as
Additional Services with authorization from the City's Environmental Review Coordinator.
Archaeology: A Registered Professional Archaeologist will conduct the archaeological resources
study. RECON will assess the potential for both direct and indirect archaeological impact from
the proposed project. The following tasks will be completed:
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d. Conduct a cultural resources record search of the archives at the South Coastal Information
Center at San Diego State University and the San Diego Museum of Man for areas within
one-half mile ofthe project site.
e. Perform a cultural resources field survey of the project area.
f. Prepare a written cultural resources technical report based on findings from the record search
and field survey ofthe site, identifYing all cultural resources sites that could potentially be
impacted by the project, assessing their likely importance, and recommending further studies
or mitigation, as required. It is unlikely that any cultural resources will be impacted by the
proposed project.
Paleontology: RECON will review the underlying geological information, and, using secondary
sources, assess the paleontological potential for paleontological resources likely to be affected by
the project. Appropriate mitigation (usually monitoring of construction affecting sensitive
geological formations) will be recommended,
Geology/Soils: RECON will review existing geology and soils reports prepared for the project,
and include an assessment of geological issues in the initial studies discussion,
Air Quality: RECON will complete a Caline hot spot model for an at grade receiver 50 feet
from the edge of the proposed roadway, RECON will also compare the projected traffic volumes
at the intersection with the volumes used in the most recent implementation plan and air quality
analysis conducted by SANDAG. RECON will summarize the findings in a written report to be
submitted to the City. All calculations will be based on traffic information provided by the City.
Hydrology/Water Quality: RECON will review existing geology and soils reports prepared for
the project, and include an assessment of geological issues in the initial studies discussion
Visual Aesthetics/Grading: Based on a field visit, the proposed project grading plan, and other
secondary sources, a landform alteration/visual quality discussion which addresses the Initial
Study checklist questions will be provided.
Traffic and Circulation: RECON will summarize the results ofthe traffic and circulation
issues provided by the City.
Noise: RECON will conduct a noise study to address possible increases in noise levels from
additional traffic, the new lanes, and the turn lane. All noise analysis will be based on traffic
volumes and grade configurations provided by the City. Noise levels will be evaluated for
conformance with City noise standards. The following tasks will be performed:
e, Measure existing noise levels at locations adjacent to the roadway. Measurement locations
will be selected to provide an understanding of the variability of noise levels near the project
site.
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f. Estimate future vehicular traffic noise levels using the Stamina 2.0 version ofthe Federal
Highway Administration Noise Prediction Model. The study will analyze noise caused by
future traffic on "H" Street and on the on-ramp to I-80S, The results ofthe model will be
expressed in community noise equivalent levels and the hourly Leq for the loudest hour. The
former is the basis for the City's standards and the Federal Highways Administration uses the
latter.
g, Determine appropriate mitigation measures for potentially significant impacts to sensitive
uses in the vicinity of the roadway improvements. The analysis will calculate the necessary
barrier height, or other mitigation options, to reduce noise levels to the standard set by the
City,
h. Prepare and submit to the City for review and approval, a written noise technical report that
describes the study methods and results outlined above and specifies any noise mitigation
measures that may be needed,
RECON will submit five screencheck draft copies ofthe Initial Study to the City for review.
Task 8 Document Options
There are two options for the environmental document required for the project. Either a
mitigated negative declaration (MND) will be prepared, or an environmental impact report (EIR).
The determination of the preferred document will be made by the City upon review and
consideration of the Initial Study. Either Option A or Option B, below, will be performed by the
Consultant upon direction to do so by the City
Task 8a Mitigated Negative Declaration
If it is determined that all impacts can be adequately mitigated RECON will prepare a draft
Mitigated Negative Declaration supported by technical documents described above will be
completed in accordance with CEQA and the CEQA Guidelines Section 15070 et seq.
The Mitigated Negative Declaration will include a brief description of the project, the project
location and map, and a proposed finding that the project will not have a significant effect on the
environment. A copy of the Initial Study documenting reasons to support the finding, and
project mitigation measures to avoid potentially significant effects will be attached.
RECON will submit five screencheck draft copies of the draft MND to the City for review and
approval, and make one set of revisions, to all documents, based on written comments from the
City.
RECON will provide, at a minimum, twenty-five copies of the Draft MND and MMRP to be
distributed by the City for public review.
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--
RECON will provide responses to comments received during the public review period and
prepare 25 copies ofthe Final MND and MMRP, and Technical Studies, as necessary.
Task 8b EIR
In the event that an EIR is required by the City, RECON shall complete the following tasks:
Notice of Preparation
RECON will prepare a notice of preparation for distribution by the City of Chula Vista. The
notice will include a project description and will solicit input on the scope of the EIR. The EIR
will summarize the comments received as a result ofthe NOP.
Preparation of the draft EIR
Each of the issues identified as part of the initial study process, and summarized above, will be
discussed in the draft EIR. Each issue discussion will be organized into five sections:
1. Existing conditions,
2. Thresholds of significance,
3. Significance of impacts prior to mitigation,
4, Mitigation measures
5. Significance of impacts after mitigation
In addition to these specific issues, a discussion of cumulative impacts, growth inducing impacts,
and other CEQA mandated sections will be included.
Project alternatives will be discussed. If an EIR is prepared for the project, a "no project"
alternative will be included as well as one design alternative, as provided by the City,
A mitigation monitoring report will be prepared describing the mitigation requirements and
identifYing the party responsible for completing the mitigation.
In addition to the NOP, RECON will also prepare all other necessary CEQA-related Notices (i.e.
NOC, NOA, and NOD) for review and approval by the City.
Review and Revise
RECON will submit 25 copies of the first screencheck draft of the EIR to the City for review and
approval, and make one set of revisions based on written comments from the City.
RECON will submit 25 copies of the revised documents (second screencheck EIR) to City staff.
Make a second set of revisions (third screencheck EIR) based on City's written comments, if
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determined by the City to be necessary.
RECON will submit 50 copies and one reproducible master ofthe public review document (Draft
EIR for Public Review) and all appendixes to the City.
Final EIR
Response to Comments
RECON will prepare response to comments received during the public review period and will
submit five copies of the draft responses to the City.
After review and approval by the City, RECON will produce a final set of responses and 50
copies ofthe Final EIR and MMRP, and Technical Appendices, as necessary.
Task 9 Candidate CEQA Findings
RECON will prepare draft Candidate CEQA Findings for each significant impact identified in
the EIR, In addition, ifthere are any impacts that are not fully mitigated, RECON will prepare a
Statement of Overriding Considerations.
Task 10 Meetings and Hearings
RECON's project manager will attend, upon request of the City, up to four public hearings for
the project, and will consult and meet with staff as requested by staff to complete the
environmental review process.
The draft and final EIR and Candidate CEQA findings shall comply completely with the criteria,
standards and procedures of the California Environmental Quality Act of 1970 (Public Resources
Code Sections 21000 et seq.), the State CEQA Guidelines (California Admin. Code Section
15000 et seq.), the Environmental Review Procedures of the City ofChula Vista and the
regulations, requirements and procedures of any other responsible public agency or any agency
with jurisdiction by law, If there are any conflicts between the City ofChula Vista's
requirements and those of another agency, the City of Chula Vista's shall prevail.
The draft and final EIR shall provide an evaluation of feasible mitigation measures which could
be carried out to reduce or eliminate adverse impacts of the proposed project. The documents
shall also analyze feasible alternatives to the project as proposed,
If there are mitigation measures or alternatives to the project which could reduce the adverse
consequences ofthe project but which are infeasible, the consultant shall cite in the candidate
CEQA findings the possible economic, social or other conditions which render the mitigation
measure or alternative infeasible.
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The environmental document (either MND or EIR) shall specify which mitigation measures have
been incorporated into the project and which feasible mitigation measures have not, but which
could be incorporated as part of the project. The report shall also identify feasible alternatives
which could reduce the adverse impacts but are not proposed by the proponent.
The Consultant shall consult with all responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the project.
The documents shall be prepared in such a manner that they will be meaningful and useful to
decision makers and to the public. Technical data should be summarized in the body of the
report and placed in an appendix, All public documents shall be prepared in accordance with the
standards of the California Association of Environmental Professionals.
6, Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: October 1, 2001 (Initial Study and Draft Notice of
Preparation, if EIR required)
Deliverable No.2: October 15, 2001(ifEIR required, Final Notice of
Preparation)
Deliverable No. 3a: November 1, 2001 (ifMND required, Draft MND, MMRP
and draft Technical Appendices - 5 copies)
Deliverable No. 3b: November 30,2001 (ifEIR required, First Screencheck
EIR -25 copies; MMRP and draft Technical Appendices)
Deliverable No. 4a: December 15, 2001 (ifMND required, Final Draft MND,
MMRP and final Technical Appendices - 5 copies)
Deliverable No. 4b: January 15,2002 (ifEIR required, Second Screencheck
EIR - 25 copies; MMRP and Technical Appendices)
Deliverable No. Sa: January 15,2002 (ifMND required, Public Review Draft
MND and MMRP - 25 copies, and Technical Appendice)
Deliverable No. 5b: February 21,2002 (ifEIR required, Third Screencheck EIR
- 10 copies; MMRP and Technical Appendices)
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Deliverable No. 6a: February 28, 2002 (ifMND required, Draft responses to
comments on MND)
Deliverable No, 6b: March 14, 2002 (ifEIR required, Draft EIR for Public
Review - 50 copies + MMRP, and Technical Appendices)
Deliverable No. 7a: March 21, 2002 (ifMND required, Final MND -25 copies,
MMRP and Technical Appendices)
Deliverable No, 7b: March 21,2002 (ifEIR required, Draft Candidate CEQA
Findings and Statement of Overriding Considerations, if necessary)
Deliverable No.8: May 14,2002 (Draft set of Responses to Comments on
Draft EIR)
Deliverable No, 9: June 15,2002 (Final EIR)
Deliverable No. 10 Meetings and Hearings
Dates for completion of all Consultant services:
July 31, 2002, or date of City Council approval of final environmental document,
whichever is later.
7. Documents to be provided by Developer to Consultant:
( ) site plans () grading plans ( ) architectural elevations ( ) project description.
(X) other:
Project Description; Improvement Plans; Grading Plans; Traffic Study
8. Contract Administrators.
City: Marilyn RF. Ponseggi
Environmental Review Coordinator
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Phone # (619) 585-5707
Developer: Pacific Bay Homes
Liz Jackson
2300 Boswell Road, Suite 209
Chula Vista, CA 91914
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NNP-Trimark San Miguel
Stephen Hester
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
Consultant: RECON
Charles S. Bull
1927 Fifth Avenue, Suite 200
San Diego, CA 92101-2358
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing
authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or
the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have
contracted with the City ofChula Vista
(Redevelopment Agency) to provide services,
supplies, materials, machinery or equipment.
( ) Category No.6, Investments in business entities and sources of income of
the type which, within the past two years, have
contracted with the designated employee's
department to provide services, supplies, materials,
machinery or equipment.
( ) Category No. 7. Business positions.
10. Insurance Requirements:
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(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
(X ) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Developer shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
(X) Single Fixed Fee Amount:
$ 150,000 (Up to but Not-to-Exceed) for East "H" Street/I-805 Improvements
$ 150,000 (Up to but Not- To-Exceed) for Mount Miguel Road Extension
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing of this agreement by all parties and upon the
request of the contractor. 10%
2. Submittal of First Screencheck Enviromnental Document TBD
3. Commencement of Public Review
TBD
4. Completion of Responses to Comments and Final
Enviromnental Document
TBD
5. Completion of City Council hearings on EIR TBD
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion ofthe General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Developer shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
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entitled to the compensation for a Phase, unless Developer shall have issued a notice to proceed
to Consultant as to said Phase.
Fee for
Phase Said Phase
1. $
2. $
3. $
4. $
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Developer shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for
$ including all Materials, and other "reimburseables"
("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by
the City Council. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
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Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
( ) Hourly rates may increase by 6% for services rendered after June, 1992, if delay in providing
services is caused by City or Developer.
Materials Separately Paid For by Developer
Cost or Rate
( ) Materials Actual
Reports
Copies
( ) Travel Actual
( ) Printing Actual
( ) Postage Actual
( ) Delivery Actual
( ) Long Distance Telephone Charges Actual
( ) Other Actual Identifiable Direct Costs Actual
-----------------------------------
Deposit
( ) Deposit Amount: $ TBD
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(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Developer to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Developer agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Developer shall protest the propriety of a billing to City in advance of
payment, City shall consider Developer's protest and any evidence submitted prior to the due
date for the payment of said bill by Developer in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Developer to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Developer 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
-------------- - - - -----------------
( ) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Milestones
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( X) Other: Upon Completion of Milestones
C. City's Account Number: STM346
. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
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(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the City's
Enviromnental Review Coordinator.
( ) Other:
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RESOLUTION NO. 2001- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
POLICY AND APPROVING A CONTRACT
SUBSTANTIALLY IN THE FORM ATTACHED, BETWEEN
DUDEK & ASSOCIATES, THE CITY OF CHULA VISTA,
BROOKFIELD SHEA OTAY, LLC, THE EASTLAKE
COMPANY, THE McMILLIN COMPANY, THE OT A Y RANCH
COMPANY FOR ENVIRONMENTAL SERVICES FOR
IMPROVEMENTS TO I-80S AND TELEGRAPH CANYON
ROAD INTERCHANGE AND PASEO RANCHERO
EXTENSION, AND AUTHORIZING THE CITY MANAGER
TO MAKE MINOR AMENDMENTS TO SAID AGREEMENT
AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FINAL SAID AGREEMENT
WHEREAS, in order to reduce traffic congestion and to meet the City's traffic threshold
standard while accommodating needed economic growth and development, a comprehensive
traffic capacity enhancement program will be implemented prior to the construction of SR-125;
and
WHEREAS, staff is proposing to use the environmental services of two different
consulting firms, RECON and Dudek & Associates, Inc.; and
WHEREAS, the expedited processing of the environmental documentation will facilitate
the overall process to ensure that the roadway facilities are in place within the time frame needed
to maintain the threshold standards and quality of life; and
WHEREAS, the consultants proposed have worked together as a team and have
demonstrated that they can work faster due to their knowledge of the projects and work
efficiently with City staff and meet the requirements of the City's procedures, policies and staff;
and
WHEREAS, Dudek is familiar with issues relative to the City of Chula Vista and has
recently completed the EIR for the Salt Creek Sewer and will be preparing the Wolf Canyon
Sewer EIR; and
WHEREAS, a draft of the contract is in substantially its final form; staff is
recommending that the City Council approve the contract but authorize the City Manager to
make minor changes to the contract with the City Attorney's approval and authorize the City
Manager to execute the final contracts on behalf of the City; and
WHEREAS, it is recommended that the consultant selection process of Municipal Code
Section 2.56.070 be waived as impractical and potentially detrimental to the project's timeline in
that Dudek has extensive experience with projects in the Otay Ranch area, has demonstrated
knowledge of issues facing the City, is familiar with the City's review process, and is available
to prepare the documents on an expedited schedule.
;8-/'7(7
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the Consultant Selection Policy and approve a Contract Substantially in
the Form Attached, between Dudek & Associates, the City of Chula Vista, Brookfield Shea
Otay, LLC, The Eastlake Company, the McMillin Company, the Otay Ranch Company for
Environmental Services for Improvements to I-80S and Telegraph Canyon Road Interchange and
Paseo Ranchero Extension, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make
minor amendments to said agreement with the approval of the City Attorney and is authorized to
execute the final agreement on behalf of the City ofChula Vista.
Presented by Approved as to form by
Jo!{;w;¡- ~ c ~7'
John P. Lippitt
Director of Public Works City Attorney
J',"Unmeylrcsol TmtJìc Enhancement-Dudek & Associates
2
- -----"-"---'--" ........--..".,
Six Party Agreement
Between
City of Chula Vista,
DUDEK and Associates, Inc., Consultant, and
Brookfield Shea Otay, LLC, The EastLake Development Company,
McMillin Otay Ranch LLC, and The Otay Project LP., Developer(s)
For Consulting Work to be Rendered with regard to Environmental Services for:
Telegraph Canyon Road! I-80S Improvements; and
Paseo Ranchero Road Extension
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City
ofChula Vista ("City") herein, a municipal corporation of the State of California, the person
designated on the attached Exhibit A as "Consultant" DUDEK and Associates, Inc., whose
business form and address is indicated on the attached Exhibit A, and the entities collectively
designated on the attached Exhibit A as "Developer", Brookfield Shea Otay, LLC, The EastLake
Development Company, McMillin Otay Ranch,LLC, and The Otay Project LP.,whose business
form and address is indicated on the attached Exhibit A, and is made with reference to the
following facts:
2. Recitals, Warranties and Representations,
2.1 City Of Chula Vista has identified increasing traffic volumes in the eastern portion of
the City, while prevailing speeds are declining,
2.2 The construction schedule for SR-125 has been delayed; resulting in increased traffic
volumes along City surface streets.
2.3 The City and the Development Community are exploring means to address
existing and future traffic condition in order to maintain the threshold standards for traffic and
assure compliance with the City's Growth Management Ordinance,
2.4 During the GMOC Annual Review, a number of street improvements, including
road widenings, intersection improvements and accelerated planned improvements were
identified that could enhance traffic capacity in eastern Chula Vista.
2.5 Developer warrants that Developer is the owner of land located in the County of
San Diego, California, and in the vicinity of the "Property" as described in Exhibit A, Paragraph
I. ("Property"), or has an option or other entitlement to develop property within the vicinity of
"Property".
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2.6 Developer desire to continue to develop their property to accommodate growth,
while maintaining the established threshold standards.
2.7 In order for the City to implement the traffic improvements as described in Exhibit
A, Paragraph 2 ("Project Description"), Work ofthe general nature and type described in Exhibit
A, Paragraph 4, ("General Nature of Consulting Services") will need to be completed.
2.8. City does not presently have the "inhouse" staff or resources to process the
enviromnental documentation within the time frame necessary to maintain the threshold
standards. The expedited preparation of an enviromnental document(s) necessitates the hiring of
an enviromnental consultant.
2.9. This agreement proposes an arrangement by which Developer shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of
Consultant by this Agreement solely to, and under the direction of, the City.
2.10, Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B,
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND DEVELOPER AS FOLLOWS:
3,1. Employment of Consultant by Developer.
Consultant is hereby engaged by the Developer, not the City, and at Developer's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
ofthe services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period oftime for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit ofthe City for the compensation herein fixed to be paid by Developer.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members ofthe profession currently practicing under similar conditions and in similar locations,
Page 2
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at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Developer, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Developer shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from
Developer. Developer shall not make any payments of compensation or otherwise directly to the
Consultant.
3.2.1. Additional Work. If the Developer, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant ofthe
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Developer at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will
consult with Developer regarding the additional work, and if thereupon the Developer
fails or refuses to arrange and pay for said Additional Services, the City may, at its
option, suspend any further processing of Developer's Application until the Developer
shall deposit the City's estimate of the costs ofthe additional work which the City
determines is or may be required. Developer shall pay any and all additional costs for the
additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time
reduce the Services to be performed by the Consultant under this Agreement. Upon doing so,
City and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction. Upon failure to
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"-"'- .--.-------- ---
agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials
budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Developer.
3.3.1. Deposit. As security for the payment of Consultant by Developer,
Developer shall, upon execution of this Agreement, deposit the amount indicated on Exhibit Cas
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2, All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Developer not later than 30 days after the termination
of this Agreement and any claims resulting therefrom.
3.3.1.1.4. Developer shall be notified within 30 days after of the
use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3,1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Developer to supplement said Deposit Amount ig such amount as
City shall reasonably specify, and upon doing so, Developer shall, within 30 days pays said
amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use ofthe Deposit as security, in order to secure the duty of
Developer to pay Consultant for Services rendered under this agreement, City shall be entitled to
withhold processing of Developer's Application upon a breach of Developer's duty to
compensate Consultant.
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4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10,
4,1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, which
names City and Developer as an Additional Insured, and which is primary to any policy which
the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City
and Developer in the same manner as members ofthe general public ("Cross-liability
Coverage").
4,1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage,
4.2.1. Certificates of Insurance, Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by
delivery of Certificates ofInsurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Developer demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility ofthe
City and the Developer. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course ofthe study or after its completion,
except on written concurrence ofthe City and Developer.
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4.4, Communication to Developer,
Consultant shall not communicate directly to the Developer except in the presence ofthe
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Developer to
ensure the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Developer.
5.1. Documents Access.
The Developer shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Consultant,
within the possession of Developer reasonably useful to the Consultant in performing the
services herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2, Propertv Access.
The Developer hereby grants permission to the City and Consultant to enter and access
the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval of the Developer.
Consultant shall promptly repair any damage to the subject property occasioned by such entry
and shall indemnify, defend, and hold Developer harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access.
5.3, Communication to Consultant.
Developer shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City, The Developer may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives,
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
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If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder,
7.6, Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter ofthe Project, or ("Prohibited Interest").
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Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Developer or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term ofthis Agreement, or for 12 months after the expiration ofthis
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default ofthe Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time, Termination ofthis agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed
pursuant to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of
default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination ofthis agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Developer's cost, of all such documents to the Developer.
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9.5. Developer shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City
of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification
11.1, Consultant to Indemnify City and Developer re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Developer from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
ofthe Consultant, or any agent or employees, subcontractors, or others of City or Developer in
connection with the execution of the work covered by this Agreement, except only for those
claims arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees, or Developer, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Developer
in defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Developer, defend any
such suit or action brought against the City, its officers, agents, or employees or Developer.
Consultants' indemnification of City and Developer shall not be limited by any prior or
subsequent declaration by the Consultant.
11.2. Developer to Indemnify City reo Compensation of Consultant.
Developer agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
resulting from or arising out ofthe refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
12. Business Licenses
Developer agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Developer further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
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13. Miscellaneous.
13,1. Consultant not authorized to Represent City,
Unless specifically authorized in writing by City, neither Consultant nor Developer shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit A.
13.3, Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances,
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe
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.
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13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein,
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge ofthe existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this agreement.
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Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Developer.
(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and understood the terms and conditions of
this agreement, do hereby express their consent to the terms hereof by setting their hand hereto
on the date set forth adjacent thereto.
Dated: City ofChula Vista
By:
David D, Rowlands, Jr,
City Manager
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
John M, Kaheny
City Attorney
Dated: Consultant:
DUDEK and Associates, Inc.
By:
June Collins
Dated: Developer:
Brookfield Shea Otay, LLC
By:
John Norman
Dated: Developer:
The EastLake Development Company
By:
William Ostrem
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Dated: Developer:
McMillin Otay Ranch. LLC
By:
Robert Pletcher
Dated: Developer:
Otay Project, LP.
By:
Kim Kilkenny
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Exhibit B
Additional Recitals
Whereas, it is in the City's best interest to waive the City's formal bidding process as
impractical and potentially detrimental to the projects' timeline, in that the City is in immediate
need of an experienced Consultant; and
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they can prepare and deliver the services in an expedited manner; that they
have a demonstrated knowledge of issues that pertain to growth in Chula Vista and in particular
in the eastern portion of the City, and that they can work efficiently and effectively with City
staff; and
Whereas, the Developer has deposited an initial sum for the processing draft and final
environmental documents and all other necessary environmental documents as outlined in
Exhibit "A" including a mitigation monitoring program.
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Exhibit A
Reference Date of Agreement: July 24,2001
Effective Date of Agreementjuly _,2001
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: DUDEK and Associates, Inc.
Business Form of Consultant
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:605 Third Street, Encinitas, CA 92024
Developer:Brookfield Shea Otay, LLC
Business Form of Developer:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A Limited Liability Company
Address: John Norman
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Developer: Otay Project. LP.
Business Form of Developer:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: Kim Kilkenny
350 W. Ash Street, Suite 730
San Diego, CA 92101
Developer:The EastLake Development Company
Business Form of Developer:
( ) Sole Proprietorship
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( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: William Ostrem
900 Lane Avenue,Suite 100
Chula Vista, CA 91914
Developer:McMillin Otay Ranch
Business Form of Developer:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: Robert Pletcher
2727 Hoover Street
National City, CA 91950
1. Property (Commonly known address or General Description):
Telegraph Canyon RoadlI-805 Improvements: A segment of Telegraph Canyon Road
and adjacent property from I-80S to approximately 500 feet east of Halecrest Drive.
Paseo Ranchero Road Extension: The proposed alignment for the extension of Pas eo
Ranchero traverses the westerly portion of Otay Ranch along Village 2 and Village 3
between Olympic Parkway and Main Street.
2. Project Description ("Project"):
Telegraph Canyon Road/I8-5 Improvements: The proposed project involves the
widening of Telegraph Canyon Road, by approximately 20 feet, from I-80S to a point
approximately 500 feet east of Hale crest Drive. The improvements along Telegraph Canyon
Road would provide three to four-lanes and construction of an additional lane on the
northbound on-ramp off Telegraph Canyon Road within the City ofChula Vista.
Paseo RancheroRoad Extension: The proposed project involves the construction
of an approximate 2-mile extension of Pas eo Ranchero Road from Olympic Parkway to
Main Street.
3. Entitlements applied for: NA
4. General Nature of Consulting Services:
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DUDEK will prepare the environmental documents associated with the improvements to
1) Telegraph Canyon Road/I-80S; and 2) Paseo Ranchero Road all to the satisfaction of
the City's Environmental Review Coordinator.
5. Detailed Scope of Work ("Detailed Services"):
Telegraph Canyon RoadJI-80S Improvements
Environmental Studies - Scope of Work
Task 1 Initial Study
DUDEK shall prepare an Environmental Initial Study, in accordance with the requirements of the
CEQA Guidelines, Section 15063 (Public Resources Code 21080) and will provide the City with a
draft completed checklist with detailed explanation of answers, a complete project description and
environmental determination. The Initial Study will identifY potentially significant environmental
effects. In consultation with the City, DUDEK will identifY all feasible measures to mitigate those
effects to a less than significant level. Based on the information collected as a part ofthis portion of
the scope of work, DUDEK will provide an environmental determination, which will identifY the
necessary form of CEQA documentation for the project. The following is an outline of the
environmental issues that would have the potential to result in environmental impacts, and that shall
be addressed in either a Negative Declaration or an Environmental Impact Report. Other issues
contained in the CEQA checklist that would not be expected to result in adverse effects will also be
discussed, and explanation of all "no impact" responses would be provided. Tasks 2A and 2B
provide a scope of work for completion of environmental documentation under each of the two
optional determinations.
Environmental Issues
Aesthetics
The Initial Study will address changes in the visual character of the site as a result of implementation
of the project. These include short term impacts associated with construction, and any permanent
impacts related to any new access roads or facilities.
Traffic and Circulation
The Initial Study will discuss any potential lane closures and/or detours necessary to complete
construction of the road improvements in the vicinity ofthe interchange. The analysis will be based
on a traffic study to be provided by the City. Mitigation that will be considered will include traffic
control and safety measures that may be incorporated into the construction bid specifications.
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Noise
The Initial Study will evaluate potential noise impacts associated with construction activities,
including impacts to sensitive receptor in urbanized areas. This task includes preparation of a
technical noise study.
Air Quality
The Initial Study will evaluate short term air quality impacts associated with construction generated
dust and construction vehicle emissions, This task includes preparation of a technical air quality
study,
Public Services and Utilities
The EIR will discuss the project's effect on utilities and services, particularly the effect on utilities
located within Telegraph Canyon Road,
Hydrology and Water Quality
DUDEK will discuss short term impacts associated with potential increases in erosion and siltation
due to grading and project construction. The Initial Study will discuss measures, including Best
Management Practices, that are proposed to reduce or avoid project impacts.
Wetland Permitting
DUDEK will prepare, submit, and process all necessary wetland permitting applications.
Task 2A Option A: Negative Declaration
If the environmental determination from the Initial Study indicates that a Negative Declaration (ND)
or Mitigated Negative Declaration (MND) is the appropriate CEQA document for the project,
DUDEK will prepare the ND or MND in accordance with CEQA and the CEQA Guidelines Section
15071. This will include identification of any proposed mitigation measures. DUDEK will also
prepare all CEQA-related Notices for review and approval by the City.
The Mitigated Negative Declaration will include a brief description of the project, the project
location and map, and a proposed finding that the project will not have a significant effect on the
environment. A copy of the Initial Study documenting reasons to support the finding, and
project mitigation measures to avoid potentially significant effects will be attached. In addition, a
Mitigation Monitoring and Reporting Program (MMRP) will be prepared, if needed.
DUDEK will submit five screencheck draft copies of the draft MND and MMRP to the City for
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review and approval, and make one set of revisions, to all documents, based on written
comments.
DUDEK will provide, at a minimum, 25 copies of the Draft MND and MMRP, and Technical
Appendices, as necessary, to be distributed by the City for public review.
DUDEK will provide responses to comments received during the public review period and
prepare 25 copies of the Final MND and MMRP, and Technical Appendices, as necessary.
Task 2B Option B: Environmental Impact Report
If the Initial Study identifies one or more significant environmental effect that cannot be mitigated,
an EIR will be prepared in accordance with CEQA and CEQA Guidelines Section 15080 et seq and
Section 15120 et seq. DUDEK will prepare all necessary CEQA-related Notices (i.e. NOP, NOC,
NOA, and NOD) for review and approval by the City. Additional detail will be provided in the issue
areas listed above, and additional sections will be provided in the analysis for the EIR, including the
following:
Alternatives
The EIR will evaluate a reasonable range ofproject alternatives, pursuant to the requirements of the
CEQA Guidelines. It is anticipated that alternatives discussed will include the "No Project"
alternative, and one or more ofthe alternative improvement scenarios for the interchange.
Other Environmental Issues
The EIR will address all other mandatory topics, as identified in the CEQA Guidelines, including
growth-inducing impacts and cumulative impacts.
Draft EIR
DUDEK will submit 25 copies of the first screencheck draft of the EIR to the City for review and
approval, and make one set of revisions based on written comments,
DUDEK will submit 25 copies of the revised documents (second screencheck EIR) to City staff.
Make a second set of revisions (third screencheck EIR) based on City's written comments, if
determined by the City to be necessary.
DUDEK will submit 50 copies and one reproducible master of the public review document (Draft
EIR for Public Review), MMRP and all appendixes to the City.
Final EIR
DUDEK will provide five copies of draft responses to comments for City review and approval.
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After completion of the responses to comments, DUDEK will produce 50 copies ofthe Final EIR
and MMRP, and as needed Technical Appendices for consideration by the advisory commissions
and City Council.
Draft Candidate CEQA Findings
DUDEK will prepare draft Candidate CEQA Findings for each significant environmental impact
identified in the EIR, in accordance with CEQA Guidelines Section l5093(b). In addition, ifthere
are one or more impacts that are not mitigated to a less than significant level, DUDEK will also
prepare a Statement of Overriding Considerations (Guidelines Section 15093[b])
Task 3 Mitigation Monitoring and Reporting Program
DUDEK will prepare a Mitigation Monitoring and Reporting Program that will include all of the
mitigation measure identified in the MND or EIR, along with the party responsible for the
mitigation, and the monitoring and reporting procedure.
Paseo Ranchero Road Extension
Environmental Studies-Scope of Work
Task 4 Initial Study Preparation/Initial Scoping
DUDEK will prepare an Initial Study in accordance with the requirements of the CEQA Guidelines,
Section 15063 (Public Resources Code 21080), to detennine the level of significance of the proposed
extension of Pas eo Ranchero Road, DUDEK will provide the City, for review and approval, a draft
completed checklist with detailed explanation of answers, a complete project description and
environmental determination. The Initial Study will identify potentially significant environmental
effects. Initial scoping will include discussions with City staff and review of existing information
and data sources relative to all issues areas, as identified by the City, DUDEK will also prepare a
draft Notice of Preparation (NOP) for review and approval by the City.
Task 5 Environmental Impact Report
DUDEK will prepare an Environmental Impact Report for the proposed extension of Pas eo Ranchero
Road, in accordance with the requirements of the CEQA Guidelines Section 15080 et seq and 15120
et seq, and will provide the City with a draft completed Screencheck EIR. In addition to the NOP,
DUDEK will also prepare all other necessary CEQA-related Notices (i.e. NOC, NOA, and NOD) for
review and approval by the City.
The following is an outline of the environmental issues that will have the potential to result in
environmental impacts, and that shall be addressed in the Environmental Impact Report (EIR).
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Environmental Issues
Aesthetics
The EIR will address changes in the visual character of the site as a result of implementation of the
project. These include short term impacts associated with construction, and any permanent impacts
related to any new access roads or facilities.
Traffic and Circulation
The EIR will discuss potential project impacts to traffic and circulation within the Otay Ranch and
surrounding areas, The analysis will be based on a traffic study to be provided by the City.
Mitigation that will be required will be consistent with the requirements of the Otay Ranch GDP,
Noise
Based on the noise technical report prepared under this scope of work, the EIR will evaluate
potential noise impacts associated with construction activities, and ultimate road construction
impacts upon existing and future residential uses.
Air Quality
The EIR will evaluate short term air quality impacts associated with construction generated dust and
construction vehicle emissions. DUDEK will also prepare all CEQA-related Notices forreview and
approval by the City.
Biological Resources
The EIR will incorporate the findings of a biology technical analysis to be prepared by DUDEK.
Impacts to sensitive species and habitats will be addressed, and potential mitigation measures
discussed.
Paleontological Resources
The EIR will identifY any known paleontological resources within the study area and evaluate
potentially significant impacts. This scope of work does not include preparation of a technical
paleontological study.
Cultural Resources
DUDEK will prepare a cultural resources survey report for the project. Based on the results ofthe
cultural resources survey report, the EIR will identifY any cultural resources discovered as a result of
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significance testing to be performed on identified sites within the project disturbance area and
evaluate potentially significant impacts.
Geology and Soils
The EIR will address potential impacts to topography and soils based on available information for
the project area. This scope of work does not include preparation of a technical geotechnical study,
Land Use
Project land use impacts will be evaluated with respect to compatibility with surrounding uses. The
EIR will recommend mitigation measures to reduce potential impacts to land uses to acceptable
levels.
Public Services and Utilities
The EIR will discuss the project's effect on utilities and services within the Otay Ranch.
Hydrology and Water Quality
The EIR will discuss short term impacts associated with potential increases in erosion and siltation
due to grading and excavation required for project construction. The EIR will discuss and measures,
including Best Management Practices that are proposed to reduce or avoid project impacts.
Alternatives
The EIR will evaluate a reasonable range of project alternatives, pursuant to the requirements of the
CEQA Guidelines. It is anticipated that alternatives discussed will include the "No Project"
alternative, and one or more of the alternative alignments for the road.
Other Environmental Issues
The EIR will address all other mandatory topics, as identified in the CEQA Guidelines, including
growth-inducing impacts and cumulative impacts.
Draft EIR
DUDEK will submit 25 copies ofthe first screencheck draft of the EIR to the City for review and
approval, and make revisions based on written comments.
DUDEK will submit 25 copies ofthe revised documents (second screencheck EIR) to City staff.
Make a second set ofrevisions (third screencheck EIR) based on City's written comments, if
determined by the City to be necessary.
Page 11
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--------------
DUDEK will submit 50 copies and one reproducible master of the public review document
(Draft EIR for Public Review), MMRP and all appendixes to the City.
Final EIR
DUDEK will provide five copies of draft responses to comments for City review and approval.
After completion of the responses to comments, DUDEK will produce 50 copies ofthe Final EIR
and MMRP, and Technical Appendices, as necessary for consideration by the advisory commissions
and City Council.
Task 6 Draft Candidate CEQA Findings
DUDEK will prepare draft Candidate CEQA Findings for each significant enviromnental impact
identified in the EIR, in accordance with CEQA Guidelines Section 15091. In addition, if there are
one or more impacts that are not mitigated to a less than significant level, DUDEK will also prepare
a Statement of Overriding Considerations (Guidelines Section 15093[bJ)
Task 7 Mitigation Monitoring and Reporting Program
DUDEK will prepare a Mitigation Monitoring and Reporting Program that will include all of the
mitigation measure identified in the EIR, along with the party responsible for the mitigation, and the
monitoring and reporting procedure,
Task 8 Meetings and Hearings
DUDEK's project manager will attend, upon request ofthe City, up to four public hearings for
both the Telegraph Canyon Roadll-805 and Paseo Ranchero Road projects, and will consult and
meet with staff as requested by staffto complete the enviromnental review process.
The draft and final enviromnental documents and Candidate CEQA findings shall comply
completely with the criteria, standards and procedures of the California Enviromnental Quality
Act of 1970 (Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines
(California Admin. Code Section 15000 et seq.), the Enviromnental Review Procedures of the
City of Chula Vista and the regulations, requirements and procedures of any other responsible
public agency or any agency with jurisdiction by law. If there are any conflicts between the City
of Chula Vista's requirements and those of another agency, the City of Chula Vista's shall
prevail.
The draft and final enviromnental documents shall provide an evaluation of feasible mitigation
measures which could be carried out to reduce or eliminate adverse impacts of the proposed
project. If an EIR is prepared the document shall also analyze feasible alternatives to the project
as proposed.
Page 12
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If there are mitigation measures or alternatives to the project which could reduce the adverse
consequences of the project but which are infeasible, the consultant shall cite in the candidate
CEQA findings the possible economic, social or other conditions which render the mitigation
measure or alternative infeasible,
The environmental documents shall specifY which mitigation measures have been incorporated
into the project and which feasible mitigation measures have not, but which could be
incorporated as part of the project. The report shall also identifY feasible alternatives which
could reduce the adverse impacts but are not proposed by the proponent.
The Consultant shall consult with all responsible agencies, agencies having jurisdiction by law
and any other person or organization having control over or interest in the project.
The documents shall be prepared in such a manner that they will be meaningful and useful to
decision makers and to the public, Technical data should be summarized in the body of the
report and placed in an appendix. All public documents shall be prepared in accordance with the
standards of the California Association of Environmental Professionals.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No. I: October 1, 2001 (Initial Study and Draft Notice of
Preparation, ifEIR required)
Deliverable No.2: October 15, 2001(ifEIR required, Final Notice of
Preparation)
Deliverable No. 3a: November 1, 2001 (ifMND required, Draft MND, MMRP
and draft Technical Appendices - 5 copies)
Deliverable No. 3b: November 30, 2001 (ifEIR required, First Screencheck
EIR -25 copies; MMRP and draft Technical Appendices)
Deliverable No. 4a: December 15, 2001 (ifMND required, Final Draft MND,
MMRP and final Technical Appendices - 5 copies)
Deliverable No. 4b: January 15, 2002 (ifEIR required, Second Screencheck
EIR - 25 copies; MMRP and Technical Appendices)
Page 13
/6-:;;;)5
Deliverable No. Sa: January IS, 2002 (ifMND required, Public Review Draft
MND, MMRP and Technical Appendices - 25 copies)
Deliverable No. 5b: February 21, 2002 (ifEIR required, Third Screencheck EIR
and MMRP- 10 copies and Technical Appendices)
Deliverable No, 6a: February 28,2002 (ifMND required, Draft responses to
comments on MND)
Deliverable No. 6b: March 14, 2002 (ifEIR required, Draft EIR for Public
Review - 50 copies + MMRP, and Technical Appendices)
Deliverable No. 7a: March 21, 2002 (ifMND required, Final MND -25 copies,
MMRP and Technical Appendices)
Deliverable No. 7b: March 21, 2002 (if EIR required, Draft Candidate CEQA
Findings and Statement of Overriding Considerations, if necessary)
Deliverable No, 8: May 14,2002 (Draft set of Responses to Comments on
Draft EIR)
Deliverable No, 9: June 15,2002 (Final EIR)
Deliverable No. 10 Meetings and Hearings
Dates for completion of all Consultant services:
July 31,2002, or date of City Council approval of environmental document,
whichever is later.
7. Documents to be provided by Developer to Consultant:
( ) site plans () grading plans ( ) architectural elevations ( ) project description.
(X) other: Project Description; Improvement Plans; Grading Plans; Traffic Study
8. Contract Administrators.
City: Marilyn RF. Ponseggi
Environmental Review Coordinator
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Phone # (619) 585-5707
Page 14
18 - ;);).1:
---...
Developer: Brookfield Shea Otay
John Norman
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
The EastLake Development Company
William Ostrem
900 Lane Avenue,Suite 100
Chula Vista, CA 91914
McMillin Otay Ranch
Robert Pletcher
2727 Hoover Street
National City, CA 91950
Otay Project, L.P.
Kim Kilkenny
350 W. Ash Street, Suite 730
San Diego, CA 92101
Consultant: DUDEK and Associates, Inc,
June Collins
605 Third Street
Encinitas, CA 92024
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing
authority ofthe department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or
the acquisition or sale of real property.
Page 15
/g..,;;~7
-'..
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have
contracted with the City of Chula Vista
(Redevelopment Agency) to provide services,
supplies, materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have
contracted with the designated employee's
department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
10. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000,
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( X)Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
Page 16
/ C¿ -;}J8
.----.----.--..-
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Developer shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
(X) Single Fixed Fee Amount:
$150,000 (Up to but Not-to-Exceed) for Telegraph Canyon Road/I-80S
Improvements; and
$150,000 (Up to but Not-to-Exceed) for Paseo Ranchero Road Extension
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing of this agreement by all parties and upon the
request ofthe contractor. 10%
2. Submittal of First Screencheck Environmental Document TBD
3, Commencement of Public Review
TBD
4, Completion of Responses to Comments and Final
Environmental Document
TBD
5. Completion of City Council hearings on EIR TBD
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion ofthe General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Developer shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
Page 17
'6 n;21
/ ,- çJ
entitled to the compensation for a Phase, unless Developer shall have issued a notice to proceed
to Consultant as to said Phase.
Fee for
Phase Said Phase
1. $
2. $
3. $
4. $
Page 18
/ >? - ';it)
iJ j
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Developer shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for
$ including all Materials, and other "reimburseables"
("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by
the City Council. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Page 19
/ 8 - ;,/3/
Rate Schedule
Category of Employee Hourly
of Consultant Name Rate
( ) Hourly rates may increase by 6% for services rendered after June, 1992, if delay in providing
services is caused by City or Developer.
Materials Separately Paid For by Developer
Cost or Rate
( ) Materials Actual
Reports
Copies
( ) Travel Actual
( ) Printing Actual
( ) Postage Actual
( ) Delivery Actual
( ) Long Distance Telephone Charges Actual
( ) Other Actual Identifiable Direct Costs Actual
-----------------------------------
Deposit
( ) Deposit Amount: $ TBD
Page 20
¡-;f-
l..
.-------
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Developer to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Developer agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Developer shall protest the propriety of a billing to City in advance of
payment, City shall consider Developer's protest and any evidence submitted prior to the due
date for the payment of said bill by Developer in making its good faith determination of
propriety.
( ) Use of Deposit as Security Only; Developer to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Developer 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
----- --------------------- - - - - - - - -
( ) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( X ) Other: Milestones
B. Day ofthe Period for submission of Consultant's Billing:
( ) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestones
C. City's Account Number: STM346
. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
Page 21
r,??
/ '8 - c,.'.-/../
. .~_. ...~-_.._--
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention
Percentage" or "Retention Amount" until the City determines that the Retention
Release Event, listed below, has occurred:
(X) Retention Percentage: ~%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
City's Environmental Review Coordinator.
( ) Other:
Page 22
!'i-t;)3L}
5945 MISSION GORGE RD. #9
~£I n X!(~.Jt\XIØX%Xò¡j(J¡¡X)J@:IJ{R~X
'1"11 'fiall-penick Co., Jnc. San Diego. CA. 92120
ln SUCCESSOR TO M. HALL - SINCE 1886 (619) 584-4961
Date: 7/24/01
To: CITY OF CHULA VISTA
276 FOURTH AVE.
CHULA VISTA, CA. 91910
Subject: PACIFIC WASTE SERVICES - ACCOUNT NO. 509-0063242
SERVICE IN NAME OF NORMA BRISENO, ET AL RENTED AND
LIVED AT 895 - 4TH AVENUE, CHULA VISTA, CA.
RESIDED AT THIS ADDRESS FOR EIGHT (8) YEARS.
GENTLEMEN:
I AM ATTACHING THE FOLLOWING FOR YOUR INFORMATION AND ALSO WISH
TO POINT OUT THAT I, JO-ANN HICKEY, DID NOT RECEIVE ANY NOTICE
FROM PACIFIC WASTE SERVICES UNTIL MAY 10, 2001. AS YOU WILL NOTICE
THIS BILL SHOWS CHARGES DUE FROM 12/31/99, 2/29/00, 4/30/00 AND
6/30/00.
'\
1. COpy OF PACIFIC WASTE BILL SHOWING AMOUNT DUE OF $180.06 FOR
ABOVE DATES. (VARIOUS NOTES AND ATTEMPT TO REACH STEVE "MISEN ,
OF PACIFIC WASTE ARE IN EVICENCE). I DID SPEAK TO A CAROLINE
AND JOYCE TRYING TO EXPLAIN AND ADVISED THEM THAT THEY HAD
CHARGED FOR THE 6/30/00 ITEM UNDER BRISENO ON ACCOUNT NO.
509-0110703 WHICH MY NEW TENANT PATRICIA BOLLLNGER STARTED
AND PAID FOR SERVICE WITH THEM AS OF 5/1/2001.
'\
2. ATTACHED IS COpy OF RENTAL AGREEMENT WITH PA1RICIA BOLLINGER
WITH TENANCY STARTING AS OF MAY 1, 2000. MRS. BRISENO AND HER
FAMILY LET HOME IN UN-RENTABLE CONDITION. MRS. BOLLINGER PASSED AWAY
3. p~6p2~~T WAS VACANT FROM 3/24/00 THROUGH 5/1/2000 -SEE COpy OF
SIGNED STATEMENT BY NORMA BRISENO ON 3/26/00.
4. COpy OF RENTAL AGREEMENT USED BY OWNER AND ALL TENANTS SIGN
PLEASE NOTE ITEM NO. (8) WHICH SETS FORTH THAT TENANT/LESSEE
PAYS FOR GAS, LIGHT, HEAT, ,POWER, TELEPHONE SERVICE, AND ALL
- OTHER SERVICESE, EXCEPT AS HERE PROVIDED,SUPPLIED TO THE SAID
PREMISES. THIS WOULD INCLUDE TRASH PICK-UP.
YOU CAN SEE FROM MRS. BOLLINGERS RENTAL AGREEMENT AND ESTABLISHMENT
OF SERVICE WITH PACIFIC WASTE AND NORMA BRISENO ALSO BEING A CUSTOMER
FOR OVER ßIGHT (8) YEARS. THAT I, JO-ANN HICKEY, NEVER HAS AN
ACCOUNT WITH PACIFIC WASTE, NEVER RECEIVED A BILL OR HAD ANY
KNOWLEDGE OF THEM UNTIL MAY 10, 2001. THIS IS WELL OVER A YEAR
TO BE INFORMED OF A BILL THEY EXPECT ME TO PAY.
I WOULD LIKE TO POINT OUT THAT WHEN NORMA BRISENO, ET AL MOVED FROM
&95 4TH AVENUE ALL TELEPHONE, GAS & ELECTRIC & WATER WAS MOVED TO
PROPERTY AT 961 CUYAMACA AVENUE, CHULA VISTA, CA. 91911. SERVICE
WAS ESTABLISHED WITH PACIFIC WASTE AT THIS ADDRESS USrNG? THE NAME
VALERIA BRISENO WITH SAME PHONE NUMBER OF NORMA BRISENO - ALL LIVED
AT 895 4TH AVENUE PROPERTY - SEE MAIL FROM SAN DIEGO COUNTY CREDIT
UNION - THIS'IS APPARENTLY AN'OTHER NAME NORMA OR HER FAMILY USES.
24 July 2001
To: City of Chula Vista City Council
From: Jerry Ohm
Subject: Notice of Public Hearing, Delinquent Solid Waste Service Charges
Account No. 76841
Ladies and Gentlemen of the Council:
I am here today in an effort to try to conclude my attempt to request an exemption to the
mandatory trash pick-up service. As stated in my last letter of 18 June 2001 addressed
to the Finance Department (in response to their notice of delinquency - 23 May '01), I
have been trying to get an exemption since September 1997.
I believe my situation is distinctive in that I simply do not generate garbage on a weekly
basis. The Chula Vista Municipal Code Chapter 8.24, requires weekly collection of Solid
Waste from all residences. Since I have no garbage to collect, I would be in violation of
the Code, regardless if I pay Pacific Waste Services, or if I haul my own garbage.
I have been trying to get an exemption to the Code, however all request's have been
rejected since I can not meet the requirement of providing weekly receipts for hauling my
own garbage. Again since I do not have garbage on a weekly basis I can not dispose of
any garbage on a weekly basis.
I feel that my request's for exemption have been denied by Mr. Michael Meacham strictly
on the letter of the code, with out taken into consideration the distinctive situation of my
case. My inability to haul garbage on a weekly basis has never been acknowledged.
I am the single occupant of my house and I generally do not eat at home, most of my
meals are served in restaurants. It takes several weeks before any waste receptacle
within my house is even half-full. I feel that my lifestyle provides more than the 50
percent landfill diversion goal as outlined in CVMC section 8.24.195, compared to other
residences.
I would like to conclude this matter by being provided an exemption to the Code, to allow
me to haul my own garbage, with-out the requirements of weekly receipts. If I am forced
to pay Pacific Waste Services, I would still not be in compliance with the Code, since
there will be many weeks without any garbage to collect.
"~-~"-- ..0 -. .~----~--~ ---- -~----
January 25 1999
In reply to: Invoice #509-827665 12/31/98
Pacific Waste Services
P.O. Box 967
Chula Vista, CA 91912
Dear Pacific Waste Services,
I am writing this letter in response to your invoice #509-827665 date 12/31/1998.
I. I am the owner of the dry cleaners and laundries. We rent the disposal waste
container from the waste disposal company and pay for the disposal service fees
Solid waste generated from my stores and my residence will be self-hauled and
disposed in this solid waste container.
2. Regarding yard waste, we have contracted with the Landscaping Company, who
a1ready takes care of all the yard work and waste disposal weekly.
For the above reasons, I ask your company to correct your records and stop mailing the
bill to my address.
Sincerely,
~ V~ Ntr::;
/<t61 tU'ìAÞ ~) /~.~ I ~ q¡'lvJ,
cc: City ofChula Vista
Finance Department, 276 Fourth Ave
Chula Vista, CA 91910
AN VAN NGUYEN & THUY VU
1567 CUMBRE VIEW
BONITA, CA 91902
.~ PAGE NO: 1 OF 1
P.O Box 967 INVOICE NO: 509-827665
Chula VISta. CA 91912 r"'.MØ\J~~Alø."'..1 DATE: 12/31/98
RETURN SERVICE REQUESTED
ACCOUNT NO: 509-0092927
CURRENT DUE: $ 26.40
010509009292790000002640827665 Please Pay Upon Receipt
-
- VAN & VU DIEM THUY THI NYGUYEN 010418 PLEASE PACIFIC WASTE SERVICES
SEND C/O AWl REMITTANCE PROCESSING
1567 CUMBRE VIEW PAYMENT P.O. BOX 78829
BONIT A, CA 91902 TO Phoenix, AZ 85062-8829
II.I.....!II.I..II.....I.!.!..I..I.I...I!..II..II..I...1.11..1 II..I..I.I.II....II....I.II..I.I..I...I.II.I....I.II.!.....111
DETACH AT PERFORATION AND RETURN TOP PORTION WITH YOUR PAYMENT
INVOICE NUMBER -.._-------. ACCOUNT NAME
OMSiONAL OFFICE 509-827665 VAN & VU DIEII THUY THI NYGUYEN
(619) 421-9400 ACCT. NO. CONT1lACT NUM8ER TERMS
REFER ALl-INQUIRIES TO ABOVE: 50!r0092927 Upon Receipt
y - 1-
DATE
00001 156'1 CUX¡¡ag VIEW
SERVICE GROUP 01 QTY 001
12/31/99 RESIDENTIAL SERVICE
Please Pay upon Receipt 26.40
A
DATE I /-'-'9'/ -:.>?V¡
NAME
ADDRESS I ~¿:ì W¡,M ¡:;Rz::: í1 Ev'/
I
GARDEN SERVICE /tlA, ìo ,-
LAWN SERVICE
TRIMMING SERVICE
CLEAN-UP JOB
FERTILIZER
SPRINKLER
SEED
SPRAY
TREE SERVICE
I TOTAL 70 -
T. KIM'S LANDSCAPING
1286 MARBELLA PL
CHULA VISTA C.A 91910
TEL 216-0636
'oT~
THUY THI DIEM VU A 4157-::'
DBA BONITA VILLAGE CLEANERS I
4054 BONITA ROAD 6194791570
BONITA, CA 91902 90-7162/3222
. , . .B J - ~ -1c¡t¡1 8610923943
VaqfQ, ~ ~ I ~o+
C-fh~O~~ioLcc----~-'.--'.'~ ~ ~.- ." "^ð- I $'70, d<J
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J!IJS- IrÞ7~~~Dt:YoVl-~:~¡="=---____--n/1L e~ "
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