HomeMy WebLinkAboutAgenda Packet 2002/02/12
CITY COUNCIL AGENDA
February 12, 2002 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CITY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
Stephen C. Padilla City Attorney
Jerry R. Rindone John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
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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 24 or Chula Vista Cable Channel 47
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I declare under penalty of perjury that I am
employed by the CIty of Chula Vista in the
Office of the City Clerk and that I posted thi,
document on the bulletin board according to
Brown ~IL
February 12, 2002 AGENDA 0.... : 1}&-- ---~
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 PROCLAMA 1JON BY MAYOR HORTON TO
RACEWALKING COACH ENRIQUE PENA, CURT KLAUS EN, AND OTHER
RACEW ALKERS IN RECOGNITION OF THEIR ACCOMPLISHMENTS AND
ACKNOWLEDGING THE UPCOMING NATIONAL RACEW ALK
CHAMPIONSHIPS TO BE HELD IN CHULA VISTA ON SUNDAY, FEBRUARY 17,
2002 - FOLLOWED BY COMMENTS FROM RECREATION DIRECTOR BUCK
MARTIN REGARDING THE DEVELOPMENT OF A YOUTH PROGRAM
PARTNERSHIP WITH THE RACEWALKERS
CONSENT CALENDAR
(Items I through 7)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of January 15, January 22, January 29, and February 5,
2002.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF SIX (6) APPLICATIONS TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE
FEDERAL FISCAL YEAR 2003/2004 HAZARD ELIMINATION SAFETY (HES)
PROGRAM
The Federal Surface Transportation Assistance Act (FSTAA) of 1982 created the Hazard
Elimination Safety (HES) program by combining several existing safety programs. The
HES program provides funds for safety improvements on all public roads and highways,
except for the.jnterstate system. These funds serve to eliminate or reduce the number and
severity of traffic accidents at hazardous public roads and highway locations, sections,
and elements. CalTrans regulations require that official applications be submitted in
order for projects to be considered for funding. In order for an application to be official,
Council must approve a resolution authorizing submittal of the Federal Fiscal
Year 2003/2004 HES program. Projects are chosen and then approved for funding after
the applications have been evaluated by CalTrans. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
3- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LINDA BARTZ &
ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES NEEDED FOR THE
ACQUISITION OF RIGHT-OF-WAY REQUIRED FOR THE CONSTRUCTION OF
THE SALT CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF CANYON
TRUNK SEWER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The consultant, Linda Bartz & Associates, currently has a contract with the City for the
provision of legal services for a variety of projects. Under this contract, the consultant
has provided some services relative to the acquisition of right-of-way for the construction
of the Salt Creek gravity sewer interceptor (SW2I9) and the Wolf Canyon trunk sewer
(SW225) projects. However, as design work on the Salt Creek project progressed, it
became evident that the consultant's services would be required to a larger extent than
was originally anticipated. City staff has recommended approval of a separate agreement
with Linda Bartz & Associates for the provision of legal services related to the
construction of the Salt Creek gravity sewer interceptor and the Wolf Canyon trunk sewer
projects. (Director of Public Works/City Attorney)
Staffrecommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AGREEING TO A $10,000 CONTRIBUTION TO SAN DIEGO GAS & ELECTRIC
(SDG&E) FOR SIDEWALK CONSTRUCTION ON FOURTH AVENUE, SOUTH OF
ORANGE AVENUE, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
Capital improvement project STL-256 is for a new sidewalk on the west side of Fourth
Avenue across an SDG&E easement south of Orange Avenue. Engineering plans have
been completed for this 250-foot segment of missing sidewalk, but funding for the project
is not scheduled until Fiscal Year 2003/2004. The adjoining property owner, SDG&E,
has made an offer to construct the sidewalk if the City participates. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A
CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE GRAFFITI ERADICATION SERVICES
The graffiti eradication program removes graffiti ITom private property when the owner
of the property requests assistance through the graffiti hotline. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 02/12/02
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES TO
COMPLY WITH NEW STATE LEGISLATION
Adoption of the resolution amends the existing City investment policy and guidelines to
reflect the additional reporting requirements and other minor changes as set forth in
Assembly Bills 943, 609 and 2220. (Assistant City Manager Powell)
Staffrecommendation: Council adopt the resolution.
7 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE
CONSULTING SERVICES RELATED TO THE REVISED DRAFT MULTIPLE
SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN,
IMPLEMENTING ORDINANCES AND IMPLEMENTING AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK AND
ASSOCIATES, INc. FOR CONSULTING SERVICES FOR PREPARATION AND
SUBMITTAL OF A FIRST SCREENCHECK ENVIRONMENTAL IMPACT
REPORT/ENVIRONMENTAL ASSESSMENT FOR THE REVISED DRAFT
MULTIPLE SPECIES CONSERVATION PROGRAM (MSCP) SUBAREA PLAN,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Subsequent to City Council's adoption of the draft Multiple Species Conservation
Program (MSCP) Subarea Plan in October 2000, environmental conditions changed,
which prompted the City to provide further revisions to the draft MSCP Subarea Plan.
Adoption of the resolutions approves the fourth amendment to the existing contract with
MNA Consulting, for an amount not to exceed $47,000, for consulting services to include
preparation of a revised draft MSCP Subarea Plan; and a new contract with Dudek and
Associates, Inc., for an amount not to exceed $32,900 (with an additional $8,225 for
additional services should they be necessary), for environmental consulting services to
begin preparation of CEQA/NEP A-related documents. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolutions.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes
Page 3 - Council Ageuda 02/12/02
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.
8. CONSIDERATION OF APPROVAL OF A BUSINESS INCENTIVE AGREEMENT
WITH EASTLAKE DEVELOPMENT CORPORATION, HITACHI HOME
ELECTRONICS (AMERICA), INc., AND MC MAHON DEVELOPMENT GROUP
In November I999, Council approved a business incentive agreement with EastLake
Development Company, which resulted in Leviton building its 90,000 square-foot
western regional R&D facility in Chula Vista. The agreement not only enabled the
attraction of Leviton, but also required EastLake to entitle the remaining 80 acres of
business park, bringing much needed light manufacturingIR&D land on line, available for
immediate development by other hi-tech employers. The EastLake incentive agreement
paved the way for the recruitment of DNP, a subsidiary of Dai Nippon LId, which
recently announced the location of its electronics manufacturing plant in EastLake, and
now paves the way for the recruitment of a new Chula Vista benchmark - the North
American headquarters of Hitachi Home Electronics (America). (Director of Community
Development)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUSINESS INCENTIVE AGREEMENT WITH EASTLAKE
DEVELOPMENT CORPORATION, HITACHI HOME ELECTRONICS
(AMERICA), INC., AND MC MAHON DEVELOPMENT GROUP, AND
AUTHORIZING MAYOR TO EXECUTE SAME
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CITY PAYMENT OVER TEN YEARS OF $157,170 IN PUBLIC
FACILITY DEVELOPMENT IMPACT FEES (PFDIF), WAIVING $45,341 IN
VARIOUS PROCESSING AND PERMIT FEES, AND APPROPRIATING
$15,717 FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL
FUND FOR THE FIRST YEAR PAYMENT OF PFDIF (4/5THS VOTE
REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND APPROPRIATING $9I,742 IN CDBG FUNDS FOR
PAYMENT OF SPECIFIC CITY PROCESSING FEES AND PERMITS
(4/5THS VOTE REQUIRED)
Page 4 - Council Agenda 02112/02
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ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
9. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
10. MAYOR'S REPORTS
A. Ratification of appointment to the Housing Advisory Commission - Greg
Alabado.
11. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of February 19, 2002, at 6:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda 02/12/02
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NOTICE OF ITEMS ADDED TO THE AGENDA OF THE
CHULA VISTA CITY COUNCIL
NOTICE IS HEREBY GIVEN that the following items have been added to the agenda of the
Regnlar Meeting of the City Council of the City ofChula Vista to be held Tuesday, February 12,
2002, at 6:00 p.m. in the Council Chambers located in the Public Services Building, 276 Fourth
Avenue:
MAYOR'S REPORTS
B. Consideration of approval of letter to California Public Utilities Commission
regarding allocation of Department of Water Resources power contract costs among
the state's electric utilities.
Dated and posted: February 8, 2002 j)~ Jo~
Donna Norris, Assistant City Clerk
MINUTES OF A REGULAR MEETING OF THE CITY COUNcO~~f1
OF THE CITY OF CHULA VISTA
January I5, 2002 6:00 P.M.
A Regnlar Meeting of the City Council of the City of Chula Vista was called to order at 6: 10
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY CANDY EMERSON, DIRECTOR OF HUMAN RESOURCES,
OF THE EMPLOYEE OF THE MONTH, JUSTINE TALAVERA, OFFICE
SPECIALIST
Human Resources Director Emerson introduced the employee of the month, Justine Talavera,
and Mayor Horton presented her with a proclamation.
. OATH OF OFFICE: ARMIDA MARTIN DEL CAMPO - CHARTER REVIEW
COMMISSION
. OATH OF OFFICE: CHERYL COX - CHARTER REVIEW COMMISSION
City Clerk Bigelow administered the oaths of office to Armida Martin Del Campo and Cheryl
Cox, and Deputy Mayor Padilla presented them with Certificates of Appointment.
. PRESENTATION OF A PROCLAMATION TO CHULA VISTA AZTECS POP
WARNER JUNIOR PEE WEE FOOTBALL TEAM
Chula Vista Aztecs Coach Scott Catlin introduced the team members and coaches. Mayor
Horton read the proclamation, and Deputy Mayor Padilla presented it to Head Coach Mark
Strickland.
. PRESENTATION OF A CERTIFICATE OF ACHIEVEMENT AND PLAQUE TO
ROBERT POWELL, ASSISTANT CITY MANAGER! DIRECTOR OF FINANCE
Mayor Horton presented Assistant City Manager Powell with a plaque fÌ'om the Government
Finance Officers Association of the United States and Canada, to recognize the City's
accomplishments in financial reporting. Mr. Powell thanked his management team, Maria
Kachadoorian, Cora Benitez, and Evelyn Ong, for their assistance in improving the financial
statements.
I
SPECIAL ORDERS (Continued)
. PRESENT A TION OF CERTIFICATES OF RECOGNITION TO FOREIGN
EXCHANGE STUDENTS: MARY BARSEGHY AN (ARMENIA), TATIANA
DANILOV A (UKRAINE), NICK ELGANDASHVILL (REPUBLIC OF GEORGIA),
OKSANA FEDEROV A (RUSSIA), IRINA POPUSOL (MOLDOVA), ZULFL Y A
SALDOVA (KYRGYSTAN), RADU SORICI (MOLDOVA). INTRODUCTION BY
RUTH ANN WALKER, AREA REPRESENT A TIVE FOR PACIFIC
INTERCULTURAL EXCHANGE
Ruth Aun Walker, area representative for Pacific International Culture, introduced the students,
and Deputy Mayor Padilla presented each student with a certificate ofrecognition.
. PRESENTATION OF A PLAQUE TO COUNCILMEMBER MARY SALAS BY
KURT KAMMERER OF THE SAN DIEGO REGIONAL ENERGY OFFICE IN
APPRECIATION OF HER SERVICE ON THE BOARD
Kurt Kammerer recognized and presented a plaque to Councilmember Salas for her service as
Board Member to the San Diego Regional Energy Office.
CONSENT CALENDAR
(Items 1 through 9)
1. WRITTEN COMMUNICATIONS
A. Letter of resignation fÌ'om David Malcolm, member of the Board of Port
Commissioners.
Staff recommendation: The resignation be accepted.
2. APPROVAL OF MINUTES of December II and December 13, 2001.
Staff recommendation: Council approve the minutes.
3. ORDINANCE NO. 2850, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 200I-I (SAN MIGUEL RANCH), AUTHORIZING THE
LEVY OF A SPECIAL TAX IN IMPROVEMENTS AREA A AND IMPROVEMENT
AREA B OF SUCH COMMUNITY FACILITIES DISTRICT
On December 4,2001, the City approved resolutions to form and establish the district and
to declare the necessity to incur bonded indebtedness for each improvement area. On
December 12, 2001, a special election of eligible property owners was held at the City
Attorney's office for the purpose of voting on the formation of CFD No. 2001-1.
Adoption of the ordinance will authorize the levy of a special tax in Improvement Areas
A and B of Community Facilities District No. 200I-1. (Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
Page 2 - Council Minutes 01/15/02
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CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2002-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO
BE READY TO RECEIVE UNDERGROUND SERVICE, AND FOR THE REMOVAL
OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY
DISTRICT NO. 131, ALONG FOURTH AVENUE, FROM "H" STREET TO "L"
STREET
On January 25, 2000, Council held a public hearing and adopted Resolution No.
2000-027, establishing Underground Utility District No. l3I along Fourth Avenue ¡¡-om
H Street to L Street. In accordance with section I5.32.150 of the Municipal Code,
Resolution No. 2000-027 states that the City Council shall, by subsequent resolution, set
the date upon which affected property owners must be ready to receive underground
service and the date by which SDG&E shall remove poles, overhead wires, and
associated structures. The conversion of overhead utilities to underground is anticipated
to be completed by December 3I, 2002. City Council policy #585-01 allows the City to
use utility undergrounding funds to reimburse all affected properties for the cost of
undergrounding of private service laterals. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $55,000 FROM THE
UNENCUMBERED BALANCE OF THE TRAFFIC SIGNAL FUND FOR THE
REPLACEMENT OF THE CITY'S FORMER JHK TRAFFIC SYSTEM WITH THE
QUICKNET/4 ADVANCED TRAFFIC MANAGEMENT SYSTEM (ATMS)
On October 9, 1997, the City received approval to use Congestion Management and Air
Quality (CMAQ) federal funding, administered by Caltrans, for the acquisition of traffic
control system software and hardware ¡¡-om Bi Tran Systems, Inc., in the amount of
$55,000. City funds are always ¡¡-onted to finance federally aided projects under CMAQ
funding. After those projects are completed, City staff requests reimbursement ¡¡-om
Caltrans for the approved funding. The federal funds are still available for the City to
apply to that project, but City funds must be appropriated at this time in order to ¡¡-ont the
project costs. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6A. RESOLUTION NO. 2002-003, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUMMARILY VACATING A PUBLIC STREET
EASEMENT OVER PARCEL 2 OF PARCEL MAP I6033, GRANTED TO THE CITY
OF CHULA VISTA BY DOCUMENT NO. I99I-0156302, RECORDED APRIL 8,
1991
B. RESOLUTION NO. 2002-004, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUMMARILY VACATING A SLOPE RIGHTS AND
DRAINAGE EASEMENT OVER PARCEL 2 OF PARCEL MAP 16033, GRANTED
TO THE CITY OF CHULA VISTA BY DOCUMENT NO. 199I-OI56302, RECORDED
APRIL 8,1991
Page 3 - Council Minutes 01115/02
CONSENT CALENDAR (Continued)
C. RESOLUTION NO. 2002-005, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SUMMARILY VACATING A ROAD EASEMENT OVER
PARCEL 2 OF PARCEL MAP 16033 TO THE CITY OF CHULA VISTA RECORDED
OCTOBER 24, I900, IN BOOK 304, PAGE 9 OF DEEDS
A request was received from Pacific Bay Homes to vacate three easements belonging to
the City within Parcel 2 of Parcel Map 16033, owned by Pacific Bay Homes. In
accordance with Chapter 4, Section 8330 of the California Streets and Highways Code,
this type of vacation may be performed sununarily through adoption of a resolution of
vacation. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION NO. 2002-006, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND INFRASTRUCTURE MANAGEMENT SERVICES, INc.
(IMS) TO PROVIDE PAVEMENT TESTING/CONDITION ANALYSIS, DATA
COLLECTION, AND MANAGEMENT SERVICES (STL-273)
On October 1, 2001, the City received three proposals to perform pavement testing and
management services, and on October 15, 2001, the three consultant firms were
interviewed. InJÌastructure Management Services, Inc. (IMS) was selected as the most
qualified of the three firms that responded to the request for proposals. IMS performed
the original pavement testing for the City of Chula Vista in the late I980's, and, in staffs
opinion, IMS can most efficiently and effectively update the current pavement
management system data in a manner that is fully compatible with our existing system.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-007, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $68,950 FROM THE AVAILABLE
FUND BALANCE OF THE GENERAL FUND TO THE COMMUNITY
DEVELOPMENT DEPARTMENT FOR THE STOREFRONT RENOVATION
PROGRAM
The storefront renovation program was funded by an original appropriation of$85,000 in
November 2000. Due to the nature of the program, it was anticipated that the initial
appropriation would be sufficient for the first two to three years of the program. It was
intended that the remaining balance from the original program funds would be continued
into the budget for 200I/2002; however, they were not included. Adoption of the
resolution will remedy this situation. Subtracting funds spent JÌom the original
appropriation to date, $68,950 is the necessary amount to refund the program at its
original appropriation amount. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes 01/15/02
CONSENT CALENDAR (Continued)
9 A. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK
ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL
RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 200I
B. RESOLUTION NO. 2002-008, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MAKING FINDINGS THAT THE UNEXPENDED FUNDS
IN THE PARKLAND ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL
NEEDED TO PROVIDE CONSTRUCTION OF FACILITIES FOR WHICH THE FEES
WERE COLLECTED
State law requires local agencies assessing development impact fees and capacity charges
to make available specified financial data to the public each fiscal year. This report
satisfies that requirement and also includes, for ease of reference and for the convenience
of members of the public, information on Parkland Acquisition and Development fees.
(Assistant City Manager Powell/Director of Public Works)
Staff recommendation: Council accept the report and adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
Consent Calendar Item #I through #9, headings read, text waived. The motion
carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS
10. CONSIDERATION OF ASSESSMENT OF CERTAIN DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED
PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges
to be assessed as liens upon the affected properties and ultimately placed on the property
tax bills for collection. (Assistant City Manager Powell)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Councilmember Padilla offered Resolution No. 2002-009, heading read, text
waived:
Page 5 - Council Minutes 01/15/02
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PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2002-009, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-
OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
The motion carried 5-0.
11. CONSIDERATION OF INCREASING THE AUTHORIZED BONDED
INDEBTEDNESS FOR IMPROVEMENT AREA A OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)
Community Facilities District No. 200l-I (San Miguel Ranch; CFD No. 200I-l) will
fund the construction of public facilities, such as roadways, and other public
improvements for the San Miguel project. In addition, a portion of the proceeds may be
used for certain transportation projects, as directed by the City. Adoption of the
resolution increases the bond authorization for Improvement Area A of CFD No. 200I-I
from $13,500,000 to $I5,000,000 and, if no majority protest to such increase has been
filed and the City Council elects to submit the question of Increasing the Authorized
Bonded Indebtedness for Improvement Area A, subject to the approval of the qualified
electors of such improvement area with the special election to be held on January 17,
2002. (Director of Public Works)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Councilmember Rindone offered Resolution No. 2002-010, heading read, text
waived:
RESOLUTION NO. 2002-010, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH),
MAKING FINDINGS AND DETERMINATIONS AND SUBMITTING THE
QUESTION OF INCREASING THE AUTHORIZED BONDED
INDEBTEDNESS FOR IMPROVEMENT AREA A OF COMMUNITY
FACILITIES DISTRICT NO. 200l-I (SAN MIGUEL RANCH) TO THE
QUALIFIED ELECTORS OF SUCH IMPROVEMENT AREA; CALLING A
SPECIAL ELECTION AND ESTABLISHING PROCEDURES AND
CONDITIONS FOR CONDUCTING SUCH AN ELECTION
The motion carried 5-0.
Page 6 - Council Minutes 01/15/02
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PUBLIC HEARINGS (Continued)
12. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT, PCC-OI-
88, TO ESTABLISH A CHILD DEVELOPMENT CENTER/PRESCHOOL FOR UP TO
roo CHILDREN IN THE EXISTING JESUS CHRIST OF LATTER DAY SAINTS
CHURCH BUILDING AND SURROUNDING GROUNDS AT 1320 FOURTH
AVENUE (APPLICANT: EPISCOPAL COMMUNITY SERVICES)
Episcopal Community Services is requesting a conditional use permit to establish a child
development center/preschool for up to roo children in an existing church facility and
surrounding grounds at 1320 Fourth Avenue, where the Reorganized Church of Jesus
Christ of Latter Day Saints is located. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Horton opened the public hearing. There being no members of the public wishing to
speak, she then closed the hearing.
ACTION: Mayor Horton offered Resolution No. 2002-0I 1, heading read, text waived:
RESOLUTION NO. 2002-011, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING NEGATIVE DECLARATION IS-
01-059, AND APPROVING A CONDITIONAL USE PERMIT (PCC-01-88)
FOR EPISCOPAL COMMUNITY SERVICES FOR ESTABLISHMENT OF A
CHILD DEVELOPMENT CENTER/PRESCHOOL FOR UP TO roo
CHILDREN AT 1320 FOURTH AVENUE
The motion carried 5-0.
ACTION ITEMS
13. REPORT REGARDING REEVALUATION OF ALL-WAY STOP ON EAST J
STREET AT LA SENDA WAY
On July 26, 2001, staff received a letter from Patrick McCarragher, 703 East J Street,
requesting that an all-way stop be installed on East J Street at La Senda Way to help
control the high speed of motorists. traveling on East J Street and to resolve intersection
safety concerns as a result of reduced sight visibility at the subject intersection. Staff
evaluated the intersection under the latest Council policy and recommended denial of an
all-way stop control. The Safety Commission did not concur, and under Council Policy
I 10-09, if staff and the Safety Commission do not concur, the matter automatically goes
to City Council for a final decision. (Director of Public Works)
Senior Civil Engineer Leyva illustrated the sight visibility at the subject intersection.
Patrick McCarragher, 703 East J Street, spoke in support of an all-way stop at the intersection.
Page 7 - Council Minnles 01115/02
-,-------
ACTION ITEMS (Continued)
David Krogh, 712 East J Street, believed that the proposed all-way stop was not warranted and
that there was no demonstrated history of accidents in the area. He added that speed limit signs
are posted and visible.
Councilmember Rindone moved to support staffs recommendation to deny an all-way stop.
There was no second to the motion.
Deputy Mayor Padilla stated that it was important to listen to the citizens appointed to the Safety
Commission, and he believed that there was sufficient reason to support the installation of an all-
way stop.
Councilmember Davis spoke in support of the Safety Commission's recommendation to approve
an all-way stop.
ACTION: Councilmember Salas moved to approve the Safety Commission's
recommendation to install an all-way stop at the intersection. Deputy Mayor
Padilla seconded the motion, and it carried 4-1, with Councilmember Rindone
voting no.
OTHER BUSINESS
I4. CITY MANAGER'S REPORTS
There were none.
15. MAYOR'S REPORTS
There were none.
16. COUNCIL COMMENTS
There were none.
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGA nON
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
. Building Industry Association of San Diego County, et al. v. State Water
Resources Control Board, et aI., Superior Court, County of San Diego, San Diego
Judicial District, Case No. GIC 780263
This item was not discussed.
18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
. Three cases
No action was taken on one case, and there was no discussion on the two remaining cases.
Page 8 - Council Minutes 01/15/02
..--~-- ......-...---.-..----.--- --.
ADJOURNMENT
At 11 :35 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of January 22, 2002,
at 6:00 p.m. in the Council Chambers.
~ð-L ~(~
Susan Bigelow, CMC/AAE, City Clerk
Page 9 - Council Minutes 01115/02
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MlNUTF~ o~ ~ REGULAR MEETING OF THE CITY coUNcDtlþ.f~
OF THE CITY OF CHULA VISTA
January 22, 2002 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 8)
I. APPROVAL OF MINUTES of December I7, 2001.
Staff recommendation: Council approve the minutes.
2A. RESOLUTION NO. 2002-012, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO THE
AGREEMENT WITH VOLLMER ASSOCIATES, LLP, FOR A TOLL ROAD
OPERATIONAL REVIEW FOR THE STATE ROUTE-I25 (SR-125) PROJECT, AND
AUTHORIZING THE CITY MANAGER TO SIGN THE AMENDMENT
B. RESOLUTION NO. 2002-013, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING SECOND AMENDMENT TO THE
AGREEMENT WITH INFRASTRUCTURE MANAGEMENT GROUP, INC., FOR A
FINANCIALLY BASED APPRAISAL OF THE STATE ROUTE-125 (SR-125)
FRANCHISE, AND AUTHORIZING THE CITY MANAGER TO SIGN THE
AMENDMENT
On November 7, 2000, the City Council approved an agreement with Vollmer
Associates, LLP, to conduct a "peer" review of information used by California
Transportation Ventures, Inc. in making traffic and revenue projections for the SR-I25
toll road facility. Council also approved an agreement with InÍÌ'astructure Management
Group, Inc. to conduct a financially based appraisal of the SR-125 ÍÌ'anchise. The
agreements, as originally approved, anticipated that completion of certain items would
require input from third parties. Due to circumstances beyond the consultants' and City's
control, those items have not been made available to the City's consultants, and
amendments to the agreements extending the date of completion need to be approved.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
/
CONSENT CALENDAR (Continued)
3. RESOLUTION NO. 2002-014, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE
BODY OF COMMUNITY FACILITIES DISTRICT NO. 200l-I (SAN MIGUEL
RANCH), DECLARING THE RESULTS OF A SPECIAL ELECTION IN
IMPROVEMENT AREA A OF SUCH COMMUNITY FACILITIES DISTRICT
On January 15,2002, a public hearing was held proposing an increase in the authorized
bonded indebtedness for Improvement Area A of Community Facilities District 2001-1,
San Miguel Ranch (CFD 200I-l). Council received no public testimony or protests to
the proposed increase. On January 17, 2002, the City Clerk, acting as the election
official, held a special election of the qualified electors of Improvement Area A on the
question of the increase. The outcome of the election was that 100% of the qualified
electors voted in favor of the proposed increase. CFD 200 I - I will fund the construction
of public facilities, such as roadways and other public improvements, for the San Miguel
project from the proceeds of any bonds issued for Improvement Area A. In addition, a
portion of such bond proceeds may be used for certain transportation projects, as directed
by the City. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2002-015, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING IMPLEMENTATION AGREEMENT FOR
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
This agreement will be entered into by the County of San Diego, the San Diego Unified
Port District, and the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon,
Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside,
Poway, San Diego, San Marcos, Santee, Solana Beach, and Vista. It establishes the
responsibilities of each party with respect to compliance with the NPDES stormwater
permit regulations, which are administered by the United States Environmental
Protection Agency, under the authority granted by the Federal Water Pollution Control
Act and its 1987 amendments, the Water Quality Act. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2002-016, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2001/2002 GENERAL
FUND BUDGET TO PROVIDE FUNDING NECESSARY FOR PROFESSIONAL
ASSISTANCE IN IMPLEMENTING NEW REPORTING REQUIREMENTS OF THE
GOVERNMENTAL ACCOUNTING ST ANDARDS BOARD (GASB), AND
APPROPRIATING FUNDS THEREFOR
In order to maintain the highest standards of financial reporting, the City is required to
implement newly mandated reporting requirements for this year's report. Professional
assistance is required in order to insure an accurate and orderly transition, and additional
appropriations are necessary to pay for these services. (Assistant City Manager Powell,
Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Minutes 01/22/02
CONSENT CALENDAR (Continued)
6. RESOLUTION NO. 2002-0I7, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING RECLASSIFICATIONS, SALARY
ADJUSTMENTS AND/OR CHANGES IN BENEFIT GROUP FOR THREE
CLASSIFIED POSITIONS, APPROPRIATING FUNDS, AND AMENDING THE
FISCAL YEAR 2003 SPENDING PLAN THEREFOR
The reclassifications, salary adjustments and/or changes in benefit group are a result of
increases in the level and complexity of duties and responsibilities assigned to three
classified positions in two departments. There are currently three incumbents in these
classifications. (Director of Human Resources)
Staff recommendation: Council adopt the resolution approving the reclassifications,
salary and/or benefit group adjustments effective January 25, 2002.
7. RESOLUTION NO. 2002-0I8, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING THE HOUSE LOCATED AT 466 E
STREET, ORIGINALLY KNOWN AS THE GEORGE SAMPLE HOUSE, AS A
HISTORIC SITE, AND PLACING THAT STRUCTURE ON THE CITY OF CHULA
VISTA'S LIST OF HISTORIC SITES AS THE GALLIGAN HOUSE IN
ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.70(A)
The property owner, Elizabeth Galligan, has requested that her property at 466 E Street
be considered for inclusion on Chula Vista's List of Historic Sites. (Director of Planning
and Building)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2002-0I9, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PROVIDING FUNDING NECESSARY FOR SPECIAL
COUNSEL ATTORNEY SERVICES TO CHALLENGE STATE PERMITTING OF
THE RAMCO CHULA VISTA Tl PEAKER GENERATION STATION, AND
AMENDING THE FISCAL YEAR 2001/2002 GENERAL FUND BUDGET
THEREFOR
In June of 2001, the City engaged the services of McKenna & Cuneo, LLP, to provide
technical legal assistance regarding the City's opposition to the Ramco Chula Vista II
Peaker Generation Station proposed for Albany Avenue, south of Main Street. On short
notice, McKenna & Cuneo assisted with the development of a strategy to oppose the
RAMCO Chula Vista Peaker II Generating Station, prepared opposition letters and
judicial appeals, and attended California Energy Commission hearings. After being a
significant part of a successful effort to encourage RAMCO to not proceed with its
project, City staff directed McKenna & Cuneo to continue its efforts to challenge project
permits to prevent RAMCO from re-instituting or selling the project. (Special Operations
Manager, Assistant City Attorney Googins)
Page 3 - Council Minutes 01/22/02
CONSENT CALENDAR (Continued)
Staff recommendation: Council adopt the resolution and amend the Fiscal Year
2001/2002 budget by appropriating $71,255 from the available fund balance of the
General Fund.
ACTION: Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #8, headings read, texts waived. The motion carried
5-0 except on Item #7, which carried 4-0-I, with Councilmember Rindone
abstaining due to the proximity of his residence to the George Sample House.
ORAL COMMUNICATIONS
Pete Gonzalez, representing Chula Vista AYSO #290 Youth Soccer Organization, requested
funding assistance for the teams' participation in an upcoming national soccer event in Hawaii.
He also requested a proclamation and letter of recommendation to enclose with his sponsorship
letters. Mayor Horton replied that she would write a letter of endorsement and would support
and assist with fundraising efforts. She added that she would be a bronze sponsor for the event.
Councilmembers Davis, Padilla, Rindone, and Salas each agreed to match Mayor Horton's
bronze sponsorship.
PUBLIC HEARINGS
9. CONSIDERATION OF ESTABLISHING UNDERGROUND UTILITY DISTRICT NO.
133, ALONG FOURTH AVENUE FROM L STREET TO ORANGE AVENUE
On December I8, 2001, Council adopted Resolution No. 2001-445 and ordered a public
hearing to be held on January 22, 2002, to determine whether the public health, safety or
general welfare requires the formation of a utility undergrounding district along Fourth
Avenue from L Street to Orange Avenue. The purpose of forming the district is to
require the utility companies to underground all overhead lines and to remove all existing
wooden utility poles within the proposed district. The proposed utility undergrounding
district is about 6,630 feet long and is estimated to cost approximately $1,150,000.
SDG&E's allocation funds will be used to cover the cost of the project, including
reimbursements to affected property owners for their respective trenching cost. (Director
of Public Works)
Deputy Director of Public Works Swanson gave a brief explanation of the proposed utility
district formation.
Mayor Horton opened the public hearing.
Nikki Block, 1089 Fourth Avenue, asked whether the costs to underground her phone and cable
lines would also be reimbursed. Public Works Director Lippitt responded that staff would look
at Ms. Block's specific case and contact her with a response. Ms. Block also asked why the
letter sent to residents notifYing them of the hearing was sent only in English and not in Spanish
as well. Mr. Lippitt responded that staff would send bilingual letters explaining the district and
the fact that residents would not be responsible for fronting money for the proposed utility
conversIOn.
Page 4 - Council Minutes 01/22/02
PUBLIC HEARINGS (Continued)
Paul West, 1345, 1347, and I349 Fourth Avenue, questioned why one of his properties was
excluded on the map for the proposed project. Mr. Swanson responded that if the service for the
property in question comes fi:om Fourth Avenue and is currently an overhead service, it would be
included in the project.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
ACTION: Councilmember Rindone offered Resolution No. 2002-020, heading read, text
waived:
RESOLUTION NO. 2002-020, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY
DISTRICT NO. 133 ALONG FOURTH AVENUE, FROM "L" STREET TO
ORANGE A VENUE, AND AUTHORIZING THE EXPENDITURE OF
UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE
LATERAL CONVERSION
The motion carried 5-0.
10. CONSIDERATION OF THE FINAL SECOND TIER ENVIRONMENTAL IMPACT
REPORT (EIR 98-0I), A SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED
COMMUNITY DISTRICT REGULATIONS AND OTHER REGULATORY
DOCUMENTS FOR 2,232 DWELLING UNITS ON APPROXIMATELY 386 ACRES
IN VILLAGE SIX OF OTAY RANCH, LOCATED IN THE OTAY VALLEY
PARCEL, SOUTH OF OLYMPIC PARKWAY, EAST OF LA MEDIA ROAD, NORTH
OF BIRCH ROAD, AND WEST OF FUTURE SR-125 (PCM 99-05). APPLICANT:
MCMILLIN OTAY RANCH, LLc. PARTICIPANT: OTAY RANCH COMPANY,
LLC
McMillin Otay Ranch, LLC, submitted an application for a Sectional Planning Area
(SPA) Plan and associated regulatory documents for Village Six in Otay Ranch. Village
Six is located in the north central portion of the Otay Valley parcel, south of Olympic
Parkway, east of La Media Road, north of Birch Road and west of future SR-125. The
SPA Plan proposes 2,232 dwelling units on 386.4 acres of land in Village Six. The
ownership of Village Six is split between three property owners: McMillin Otay Ranch,
LLC, the Otay Ranch Company and the Catholic Diocese of San Diego. McMillin is
proposing 482 single-family dwellings and 2I2 multi-family units on its portion of
Village Six, while Otay Ranch Company is proposing 40I single-family dwellings and
1,392 multi-family units. The Catholic Diocese is proposing a church on an I 1.5-acre
site and a 32.5-acre private high school. (Director of Planning and Building)
Environmental Project Manager Lundstedt presented a project overview, addressing the
environmental process; the EIR analysis; the issue areas analyzed in the EIR; the grading plan;
Birch Road; State Route I25; and the six unavoidable significant impacts identified in the EIR
(cumulative land use impacts; land form alteration; biological impacts; agricultural resources; 1-
805 traffic impacts; and air quality). She added that the final EIR has been completed in
compliance with CEQA requirements and was revised to address public comments received.
Page 5 - Council Minutes 01/22/02
- -- ----------- -----
PUBLIC HEARINGS (Continued)
Principal Planner Rosaler presented the Village Six SPA Plan.
Mayor Horton opened the public hearing.
Ray Ymzon, 5732 Sweetwater Road, representing the Sweetwater Valley Civic Association,
believed that the project necessitated further review based on the six unavoidable significant
impacts. He stated that methods needed to be developed to encourage the use of public transport
by the community to help protect against pollution impacts, and he asked the Council to listen to
the residents of Chula Vista.
Joel King, representing the Catholic Diocese of San Diego, stated that he would prefer not to
have to come back before the Planning Commission for a hearing on the Conditional Use Permit
(CUP).
Robert Pletcher, representing McMillan Companies, encouraged the Council to approve the
project.
Kent Aden, representing The Otay Ranch Company, spoke in support ofthe project. He clarified
a letter submitted to the Council !Tom the Otay Ranch Company and stated that the company was
willing to concur with the new standards proposed for Village Six.
With no further members of the public wishing to speak, Mayor Horton closed the public
hearing.
Councilmember Davis moved to designate the Zoning Administrator as the hearing officer for
the CUP. There was no second to the motion.
ACTION: Mayor Horton offered Resolution Nos. 2002-021 and 2002-022 for adoption, and
Ordinance No.285l on first reading, as amended to include a request by Mayor
Horton to form a subcommittee comprised of the major developers, appropriate
staff, and two Councilmembers to assess the outcome of planning for the Otay
Ranch.
A. RESOLUTION NO. 2002-02I, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 98-0I) FOR THE OTAY
RANCH VILLAGE SIX SECTIONAL PLANNING AREA PLAN; MAKING
CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
B. RESOLUTION NO. 2002-022, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING A SECTIONAL PLANNING
AREA (SPA), AND SUPPORTING REGULATORY DOCUMENTS
INCLUDING VILLAGE DESIGN PLAN, PUBLIC FACILITIES FINANCE
PLAN, AND AFFORDABLE HOUSING PROGRAM INVOLVING
APPROXIMATELY 386.4 ACRES OF LAND KNOWN AS OTAY RANCH,
VILLAGE SIX
Page 6 - Council Minutes 01/22/02
PUBLIC HEARINGS (Continued)
C. ORDINANCE NO. 2851, ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR
OTA Y RANCH, VILLAGE SIX
The motion carried 5-0.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
There were none.
12. MAYOR'S REPORTS
There were none.
13. COUNCIL COMMENTS
Councilmember Salas mentioned an article indicating that some cities in California have
successfully imposed fees on recipients of DUI's, over and above the fines assessed by the
courts. She asked that the Council consider having staff explore the effectiveness and
implementation of such a program in Chula Vista.
ADJOURNMENT
At 8:15 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on
Tuesday, January 29, 2002, at 4:00 p.m. in the Council Conference Room, and thence to the
Regular Meeting of February 5, 2002, at 4:00 p.m. in the Council Chambers.
~~~
Susan Bigelow, CMC/~, City Clerk
Page 7 - Council Minutes 01/22/02
--...------ - _._-
MINUTks OF AN ADJOURNED REGULAR MEETING oOR~f1
THE CITY COUNCIL OF THE CITY OF CHULA VISTA
January 29, 2002 4:00 P.M.
An Adjourned Regular Meeting ofthe City Council of the City of Chula Vista was called
to order at 4:00 p.m. in the Council Chambers, located in the Public Services Building,
276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City
Clerk Bigelow
1. INTERVIEWS TO FILL ONE VACANCY ON THE BOARD OF PORT
COMMISSIONERS
The City Council interviewed the following persons for the position:
Jaime (Raul) Bortstein Carl Nelson
Jan Buddingh Jr. Paul Nieto
Curtis Dowds Gary Nordstrom
William Hall Michael Kevin O'Neill
Dan Horn Rudy Ramirez
John Jolliffe Alfred Salganick
Leonard Moore Jerrold Siegel
It was noted that Gerald Gorman had withdrawn his application prior to the meeting.
Mayor Horton declared recesses from 6:30 to 7:00 p.m. and from 8: I2 to 8:20 p.m.
At 8:47 p.m., the Councilmembers submitted their interview rating sheets to the City
Clerk and City Attorney to tally the points received by each candidate. William Hall,
John Jolliffe, and Jerrold Siegel received the highest ratings, and it was the consensus of
the Council to further interview the final three applicants at the Council meeting of
February 5, 2002.
ORAL COMMUNICATIONS
There were none.
ADJOURNMENT
At 9:10 p.m., Mayor Horton adjourned the meeting to the Regnlar Meeting of February 5,
2002, at 4:00 p.m. in the Council Chambers.
~~t~
Susan Bigelow, CMC/AAE, City Clerk
I
~þ.~:~
MINUTES OF A REGULAR MEETING OF THE CITY COUN~
OF THE CITY OF CHULA VISTA
February 5, 2002 4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 15
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Davis, Rindone, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY DEPUTY CITY MANAGER PALMER OF THE EMPLOYEE
OF THE MONTH, KEITH QUIGLEY, EXTENDED SCHOOL DAY SUPERVISOR,
LIBRARY DEPARTMENT
Deputy City Manager Palmer introduced the employee of the month, Keith Quigley, and Mayor
Horton presented him with a proclamation.
. INTRODUCTION BY MAYOR HORTON OF YANG JINGYUN, EDUCATIONAL
AND TOUR COORDINATOR FOR HILLTOP HIGH SCHOOL, AND A
PRESENTATION OF A PROCLAMATION TO MR. JINGYUN BY
COUNCILMEMBER RINDONE
Mayor Horton read the proclamation, and Councilmember Rindone presented it to Yang Jingyun,
Educational and Tour Coordinator for Hilltop High School.
. VIDEO PRESENTATION BY ERIC JONUCZ, HILLTOP HIGH SCHOOL STUDENT,
OF THE JANUARY I4, 2002 BREAKFAST OF CHAMPIONS AND OLYMPIC
TORCH RELAY, AND A PRESENTATION OF A CERTIFICATE OF
RECOGNITION TO MR. JONUCZ BY MAYOR HORTON
Hilltop High School student Eric Jonucz presented a self-produced videotape featuring the
January I4, 2002 Breakfast of Champions at the ARCO Olympic Training Center and the
Olympic torch relay. Councilmember Rindone presented him with a certificate of recognition.
I
CONSENT CALENDAR
(Items 1 through 6)
Councilmember Rindone asked that Item #6 be removed ITom the Consent Calendar for
discussion.
1. ORDINANCE NO. 2851, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA)
PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH,
VILLAGE SIX
McMillin Otay Ranch, LLC, submitted an application for a Sectional Planning Area
(SPA) Plan and associated regulatory documents for Village Six in Otay Ranch. Village
Six is located in the north-central portion of the Otay Valley parcel, south of Olympic
Parkway, east of La Media Road, north of Birch Road and west of future SR-125. The
SPA Plan proposes 2,232 dwelling units on 386.4 acres of land in Village Six. The
ownership of Village Six is split between three property owners: McMillin Otay Ranch,
LLC, the Otay Ranch Company and the Catholic Diocese of San Diego. McMillin is
proposing 482 single-family dwellings and 212 multi-family units on their portion of
Village Six, while Otay Ranch Company is proposing 401 single-family dwellings and
1,392 multi-family units. The Catholic Diocese is proposing a church on an 11.5-acre
site and a 32.5-acre private high school. (Director of Planning and Building)
Staff recommendation: Council place the ordinance on second reading for adoption.
2A. RESOLUTION NO. 2002-023, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT
NO. 01-10, COUNTRY CLUB VILLAS, ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE GENERAL ACCESS EASEMENT, WITH THE RIGHT OF
INGRESS AND EGRESS, FOR THE CONSTRUCTION AND MAINTENANCE OF
SEWER, DRAINAGE AND l5-FOOT DRAINAGE EASEMENTS, ALL AS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING THE
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2002-024, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-10,
COUNTRY CLUB VILLAS SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
On October 9, 2001, by Resolution No. 2001-347, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 01-10, Country Club Villas. Adoption
of the resolutions approves the final map, subdivision improvement agreement, and
supplemental subdivision improvement agreement. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
Page 2 - Council Minutes 02/05/02
---.. ---'--"-------'- ---
-------------
CONSENT CALENDAR (Continued)
3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP FOR SAN MIGUEL RANCH, PLANNING AREA
"H", CHULA VISTA TRACT NO. 99-04, ACCEPTING ON BEHALF OF THE CITY
THE VARIOUS EASEMENTS, ALL AS GRANTED ON SAID MAP, WITHIN SAID
SUBDIVISION, APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR SAN MIGUEL RANCH, PLANNING AREA "H", CHULA
VISTA TRACT NO. 99-04, REQUIRING DEVELOPER TO COMPLY WITH
CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2000-068, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR SAN MIGUEL RANCH, NEIGHBORHOOD "H", ESTABLISHING SPECIFIC
OBLIGATIONS AND RESPONSIBILITIES FOR MAINTENANCE OF PRIVATE
LANDSCAPING WITHIN PUBLIC RIGHT-OF-WAY, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolutions approves 131 single-family detached residential lots for Shea
Homes' Neighborhood "H" within Phase I of San Miguel Ranch. The tentative
subdivision map for Chula Vista tract 99-04, San Miguel Ranch, was approved on
February 29, 2000. Council approved "A" Map No. I for San Miguel Ranch, Phases 1,2
and 4, on August 7, 2001. (Director of Public Works)
Staff recommendation: Council continue the item to a future date.
4A. RESOLUTION NO. 2002-025, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS ASSOCIATED WITH THE CONSTRUCTION OF THE PUBLIC
WORKS OPERATIONS FACILITY AND CORPORATION YARD, AND
AUTHORIZING STAFF TO PROCESS UP TO AN ADDITIONAL $250,000 IN
CHANGE ORDERS
B. RESOLUTION NO. 2002-026, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CHANGE ORDERS FOR FJ. WILLERT
FOR $57,678 AND $213,570, BOTH ASSOCIATED WITH THE CONSTRUCTION
OF THE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD,
AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
SAID CHANGE ORDERS
Page 3 - Council Minutes 02/05/02
------- ---------- _._----
CONSENT CALENDAR (Continued)
The City Council has approved multiple contracts on the construction of the Corporation
Yard project. On September 26, 2000, Council amended Policy No. 574-01, authorizing
the City Manager to approve all change orders pertaining to this job with a single change
order value, not exceeding $50,000, and a cumulative value of up to $250,000. Adoption
of the resolutions ratifies staffs actions in approving change orders valued at $428,760,
and approves two additional change orders. Staff will also be authorized to process up to
an additional $250,000 in change orders in accordance with the policy. (Director of
Building and Construction)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION NO. 2002-027, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING AN AGREEMENT IN AN AMOUNT NOT
TO EXCEED $90,000 TO SOLANA RECYCLERS, INC., FOR HOUSEHOLD
HAZARDOUS WASTE PUBLIC INFORMATION SERVICES IN ACCORDANCE
WITH TERMS AND CONDITIONS OF THE COUNTY OF SAN DIEGO REQUEST
FOR PROPOSAL (NO. 20075), AND AUTHORIZING THE MAYOR TO EXECUTE
ALL DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE
AGREEMENT
The City has ¡tpplied for and been awarded a regional grant for the household hazardous
waste program in the amount of $300,000. The grant is designed to serve residents of
Chula Vista, Imperial Beach and National City through March 2003. Staff coordinated
the grant application with the County and North County cities that also received $300,000
in grant awards. It was the intent of all three sub-regional applicants to pool funds
committed to public education to develop one consistent message to better serve all
County residents.' Adoption of the resolution awards and executes an agreement for
public education services that will be funded by the grant. (Special Operations Manager)
Staffrecommendation: Council adopt the resolution.
ACTION: Councilmember Rindone moved to approve staff recommendations and offered
Consent Calendar Items #1 through #5, headings read, texts waived. The motion
carried 5-0.
6. RESOLUTION NO. 2002-028, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS,
AWARDING A CONTRACT TO CARRIER JOHNSON FOR THE PREPARATION
OF CONCEPTUAL DESIGN PLAN AND OTHER NECESSARY PLANS AND
DOCUMENTS REQUIRED FOR THE CITY'S SUBMITTAL OF A GRANT
APPLICATION UNDER PROPOSITION 14 - CALIFORNIA READING AND
LITERACY IMPROVEMENT POLICY AND PUBLIC LIBRARY CONSTRUCTION
AND RENOVATION BOND ACT OF 2000, FOR THE RANCHO DEL REY
LIBRARY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Page 4 - Council Minutes 02/05/02
----~----~----~--- __H_-
.--.---
CONSENT CALENDAR (Continued)
At its August 28, 2001 meeting, the City Council accepted a report on the Rancho del
Rey library and directed staff to prepare a "California Reading and Literacy Improvement
and Public Library Construction and Renovation Bond Act" (Bond Act) grant application
for the construction of the library. Carrier Johnson was chosen by a selection committee
as the proposed architect for the design of a concept plan and preparation of needed
documents for the Bond Act grant application. (Deputy City Manager Palmer)
Councilmember Rindone asked why Carrier Johnson, whose price was significantly greater than
the second-rated firm, was selected. Deputy City Manager Palmer responded that the company
has had extensive experience in designing public libraries, with over 1.5 million square feet of
library design to their credit, including the San Jose State and City of San Jose main libraries.
Their expertise will make the City's job easier, since there are only three months in which to
produce a conceptual plan for the grant application. The company also demonstrated a well-
thought-out approach towards the site. Councilrnember Rindone asked if there were any written
assurances by the firm that it could meet the City's schedule. Administrative Services Manager
Stokes replied that the schedule is specified in the contract. Assistant City Attorney Hull added
that the contract contains a series of deliverables that the company is required to produce, and
compensation is contingent upon receiving those deliverables.
ACTION: Councilmember Rindone then offered Resolution No. 2002-028, heading read,
text waived. The motion carried 5-0.
ORAL COMMUNICATIONS
Peter Miguel Camejo, Green Party candidate for Governor, asked the Council (I) to support the
California Heritage Tree Preservation Act; (2) regarding solar energy, to encourage residents to
install solar panels in their homes and support measures to allow excess electricity generated to
be sold back to the utilities at fair market value; (3) to encourage developers to install solar when
building new homes; (4) to support a minimum wage that allows a worker with a family to meet
basic needs; and (5) to support runoff elections at the state level so that no third party can act as a
spoiler.
Lupita Jiminez, 1134 Arbusto Corte, informed Council that she is going to place photovoltaic
cells on the roof of her home, and she thanked Council for reducing the fees. She also asked
Council to develop legislation to mandate the inclusion of solar panels on all new home
construction and to allow residents to sell back electricity to the utilities during vacation time.
ACTION ITEMS
7. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING LOT LINE
ADJUSTMENTS BETWEEN CITY-OWNED OPEN SPACE PROPERTY AND 12
RESIDENTIAL PROPERTIES
On November I4, 2000, Council approved Resolution No. 2000-427, the waiver of
Grading Deviation Policy No. 460-02, to allow certain residents within the Bonita Ridge
Estates, Open Space District No.4, to correct boundary discrepancies between their
properties and the adjacent City-owned open space lots. Since that time, staff received
lot line adjustment applications fÌ'om 12 Bonita Ridge Estate residents to correct the
boundary discrepancies. Staff is now requesting Council approval of the lot line
adjustments and the resulting transfer of open space land to these residents. (Director of
Public Works)
Page 5 - Council Minutes 02/05/02
ACTION ITEMS (Continued)
Mayor Horton left the dais at this time, abstaining fÌom discussion and voting on this item due to
a potential conflict of interest.
ACTION: Councilmember Davis offered Resolution No. 2002-029, heading read, text
waived.
RESOLUTION NO. 2002-029, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING LOT LINE ADJUSTMENTS
BETWEEN CITY-OWNED OPEN SPACE PROPERTY AND I2
RESIDENTIAL PROPERTIES WITHIN THE BONITA RIDGE ESTATES,
OPEN SPACE DISTRICT NO.4, AS A RESULT OF THE COUNCIL-
APPROVED WAIVER OF GRADING DEVIATION POLICY NO 460-02 PER
RESOLUTION NO. 2000-427, AND AUTHORIZING THE MAYOR TO
EXECUTE GRANT DEEDS ON BEHALF OF THE CITY
The motion earned 4-0-1, with Mayor Horton abstaining.
Mayor Horton returned to the dais.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
Request fÌom San Diego Gas & Electric regarding rate increase options.
Buz Schott, representing SDG&E, asked for Council's support regarding the cost-based
allocation for the Department of Water Resources allocation of costs to San Diego Gas &
Electric customers. Mr. Schott submitted copies of a delegation letter that was sent to the
California Public Utilities Commission (CPUC). He asked Council to join with other cities in
the region in requesting that unfair allocations be reversed, and to revert to the cost-based rates
allocation. Intergovernmental Affairs Coordinator Kelly read SANDAG's letter to the CPUC. It
was the consensus of Council not to take any action on this matter unless or until more
information is received.
City Manager Rowlands referenced a letter from Mr. Jack Doyle, representing Western
Manufactured Housing Communities Association, requesting a 60-day continuance regarding the
mobilehome rent control ordinance.
ACTION: Councilmember Davis moved to approve the request. Deputy Mayor Padilla
seconded the motion, and it earned 5-0.
At 5:00 p.m., Mayor Horton recessed the City Council meeting and convened the
Redevelopment Agency. At 5:10 p.m., Mayor Horton recessed the Redevelopment Agency to
Closed Session. At 5:40 p.m., Mayor Horton adjourned the Redevelopment Agency and
reconvened the City Council.
Page 6 - Council Minutes 02/05/02
----------- - - ----- -------------------- ------
9. MAYOR'S REPORTS
A. Interviews and selection of Port Commissioner.
The City Council interviewed the following applicants for the position of Port Commissioner:
William Hall, John Jolliffe, and Jerrold Siegel.
ACTION: Councilmember Rindone moved to appoint William Hall as Port Commissioner to
fill the balance of the current term. Councilmember Salas seconded the motion,
and it carried 5-0.
B. Consideration of adoption of the following resolution:
RESOLUTION NO. 2002-029, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA URGING THE FEDERAL AND STATE
GOVERNMENTS TO HELP MITIGATE THE ECONOMIC IMPACTS ON
THE BORDER REGION RESULTING FROM INCREASED BORDER WAIT
TIMES
This item was taken out of order and was discussed prior to the Port Commissioner interviews.
Mayor Horton asked the Council to support the resolution and expressed the importance of
continued communications with the federal government regarding the issue and its effects on
border city regions.
ACTION: Mayor Horton offered Resolution No. 2002-029, heading read, text waived.
Councilmember Davis seconded the motion, and it carried 5-0.
10. COUNCIL COMMENTS
There were none.
ADJOURNMENT
At 7: 16 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of February I2, 2002,
at 6:00 p.m. in the Council Chambers.
~~~
Susan Bigelow, CMC/AAE, City Clerk
Page 7 - Council Minutes 02105/02
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 02/12/02
ITEM TITLE: Resolution Approving the Submittal of Six (6)
Applications to the California Department of Transportation (CaITrans) for
the Federal Fiscal Year (FFY) 2003/04 Hazard Elimination Safety (HES)
Program
SUBMITTED BY: Director of Public Work~MJI'
REVIEWED BY: City Manager ~t (t - (4/5ths Vote: Yes_No X)
,¡i)
The Federal Surface Transportation Assistance Act (FST AA) of 1982 created the Hazard
Elimination Safety (HES) Program by combining several existing safety programs. The HES
Program provides funds for safety improvements on all public roads and highways, except for the
interstate system. These funds serve to eliminate or reduce the number and severity of traffic
accidents at hazardous public roads and highway locations, sections, and elements. CalTrans
regulations require that official applications be submitted in order for projects to be considered
for funding. In order for an application to be official, Council must approve a resolution
authorizing submittal of the Federal Fiscal Year (FFY) 2003/04 HES program. Projects are
chosen and then approved for funding after the applications have been evaluated by CalTrans.
RECOMMENDATION: That Council approve the submittal of Six (6) applications to CalTrans
for the Federal Fiscal Year (FFY) 2003/04 Hazard Elimination Safety (HES) Program.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On December 5, 2000, City Council approved the City's submittal of twelve (12) applications to
CalTrans for the FFY 2002/03 HES program. Unfortunately, none of the proposed City projects
was chosen for funding grants during that cycle due to the competitive nature of this grant
process statewide. However, CalTrans is now soliciting applications for the FFY 2003/04 HES
program, and the City has six submittals this year.
For projects to be eligible for HES funding, a specific safety problem must be identified for
correction and the project must correct or substantially improve the condition. In addition, the
completed local Federal assistance project must provide for, or consider, the upgrading of related
safety features to the appropriate standards. The local safety project financed with HES Funds
may be located on any road functionally classitïed as a "local road or rural minor collector," or
higher.
Projects eligible for HES funding are prioritized under two categories. The first category is for
those projects qualifying based on calculated Safety Index. This is calculated by using accidents
--- ------------ ------- ----
Page 2, Item ~
Meeting Date 02/12/02
directly related to the correction proposed by the project or using all accidents at the location and
applying a "Reduction Factor". Projects are then prioritized statewide by descending safety
indexes.
The second category is for those projects qualifying based on Work Type priority. Work type is
used to fund projects with safety needs that cannot be quantified by Safety Index due to the lack
of sufficient accident data. Safety Index projects receive approximately 25 percent of available
HES Funds, whereas Work Type priorities receive approximately 75 percent; therefore, staff
elected to submit this year's applications under the Work Type priority.
The following are descriptions of work type priority project applications that we propose to
submit to CalTrans for the Hazard Elimination Safety Program for FFY 2003/04 funding (The
Federal Fiscal Year starts on October I and ends on September 30):
1) Turning Lane and Channelization - Traffic SignaI Upgrade at the Intersection
of Fourth Avenue and Orange Avenue - Upgrade of existing traffic signals to provide for
a protective-permissive phasing for the eastbound and westbound approaches and replace the
existing protective permissive to a protected phasing for the northbound and southbound
approaches. This includes the replacement of 12" LED signal indications, rewiring, video
detection, and other miscellaneous work necessary for this upgrade to be complete and
operational. This also includes the implementation of Accident Record System Software to
the traffic engineering computer system in order to monitor intersections, identify traffic
problems and propose proper mitigation measures.
2) Traffic Signal Installation at Apache Drive/Miracosta Circle and Otay Lakes
Road - Installation of a fully actuated 8-phase traffic signal system. This intersection
ranked #4 on the 2002 City Traffic Signal Priority List. The work will include the
installation of signal standards, LED signal indications, video detection system, pedestrian
crossing signals, Luminaires, EVPE, internally illuminated street name signs, cabinet, meter
pedestal conduits, cable, pull boxes, signs, and other miscellaneous work necessary to make
the traffic signal system complete and operational.
3) Sidewalk installation along Otay Lakes Road, between Allen School Lane and
Surrey Drive - Installation of sidewalk along the west side of Otay Lakes Road to enable
pedestrian access along this portion of Otay Lakes Road. This sidewalk has been
requested by the principal of Allen Daly Elementary School and residents in the vicinity of
this area.
4) Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection
of Second Avenue and H Street - Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing 2-phase signal operation. This includes the
addition of 12" LED signal indications, removal and replacement of existing signal
standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic
signal detector loops, or video detectors.
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Page 3, Item :;...
Meeting Date 02/12/02
5) Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection
of First Avenue and H Street - Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing 2-phase signal operation. This includes the
addition of 12" LED signal indications, removal and replacement of existing signal
standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic
signal detector loops, or video detectors.
6) Turning Lane and Channelization - Traffic Signal Upgrade at the Intersection
of Fifth Avenue and L Street - Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing fixed time signal operation. This includes the
addition of 12" LED signal indications, removal and replacement of existing signal
standards, ADA pedestrian push buttons, internally illuminated street name signs, and traffic
signal detector loops.
The projects are listed in priority order in the following table:
Cost of Design,
Project Construction Inspection Total Cost
Cost Administration and
Contingencies
1. Turning Lane and Channelization -
Traffic Signal Upgrade at the $50,400.00 $9,600.00 $60,000.00
Intersection of Fourth A venue and
Orange A venue
2. Traffic Signal Installation at Apache
Drive/Miracosta Circle and Otay $I25,600.00 $25,400.00 $I5I,000.00
Lakes Road
3. Sidewalk installation along Otay
Lakes Road, between Allen School $I44,OOO.00 $57,600.00 $20I.600.00
Lane and Surrey Drive
4. Turning Lane and Channelization -
Traffic Signal Upgrade at the $96,000.00 $9,600.00 $105,600.00
Intersection of Second A venue and
H Street
5. Turning Lane and Channelization -
Traffic Signal Upgrade at the $94,900.00 $9,490.00 $104,390.00
Intersection of First Avenue and H
Street
6. Turning Lane and Channelization -
Traffic Signal Upgrade at the $79,200.00 $I5,800.00 $95,000.00
Intersection of Fifth A venue and L
Street
TOTAL $590,100.00 $127,490.00 $7I7,590.00
Page 4, Item ~
Meeting Date 02/12/02
Project costs include preliminary engineering, construction engineering, and construction. Funds
can be authorized for the Preliminary Engineering (PE) Phase before the beginning of FFY
2003/04; however, funding authorization for the construction phase of these projects before FFY
2003/04 is contingent upon the availability of funds. The City of Chula Vista's net share of
project costs is $71,760.00, since staff is requesting 90% cost reimbursement from CalTrans,
which is the maximum under this grant's guidelines.
The deadline to submit the HES applications to CalTrans is February IS, 2002. The CalTrans
local office will then review all submitted applications and make recommendations for the best
candidate projects to CalTrans Headquarters (HQ) by April 4, 2002. In June 2002 HQ will
approve the recommended projects and construction funds will be available in October of 2002.
Federal funds are considered "allocated" to each project phase when the Office of Local
Programs (OLP) Area Engineer at CalTrans authorizes the work through the Federal Highway
Administration (FHW A) delegated authorization process. These funds are reserved for the
project, but the local agency will not be reimbursed for any phase until after the contract is
awarded.
A copy of the application package is located in the City Clerk's Office for Council's review.
FISCAL IMPACT: The potential total revenue to the City is approximately $645,830.00. The
actual amount is dependent upon the chosen projects approved for funding by CalTrans and their
approved funding amount. There will be $71,760.00 local matching funds for this grant
submittal. This resolution approves the submittal of the applications, but does not formally
approve the implementation of the projects. These projects will be submitted for approval for the
City's FY 2003-04 CIP.
A-113 prepared by: Majed Al-Ghafry/Jeff Moneda
File No.: 0740-75-KYO26
J:\EngineerIAGENDA IHESO2App.mlcm.DOC
'I
- -----..-.----------.. --- ...--------.--..-- ...~..-
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF SIX (6)
APPLICATIONS TO THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE FEDERAL
FISCAL YEAR (FFY) 2003/04 HAZARD ELIMINATION
SAFETY (HES) PROGRAM
WHEREAS, the Federal Surface Transportation Assistance
Act of 1982 created the Hazard Elimination Safety (HES) Program by
combining several existing safety programs; and
WHEREAS, the HES Program provides funds for safety
improvements on all public roads and highways, except the
interstate system; and
WHEREAS, these funds serve to eliminate or reduce the
number and severity of traffic accidents at hazardous public roads
and highway locations, sections, and elements; and
WHEREAS, Caltrans regulations require that official
applications be submitted in order for projects to be considered
for funding; and
WHEREAS, in order for the applications to be official,
Council must approve a resolution authorizing submit tal of the
Federal Fiscal Year (FFY) 2003/04 HES Program; and
WHEREAS, projects are chosen and then approved for
funding after the applications have been evaluated by Caltrans.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve the submittal of five (5)
applications to the California Department of Transportation
(CalTrans) for the Federal Fiscal Year (FFY) 2003/04 Hazard
Elimination Safety (HES) Program:
1) Turning Lane and Channelization - Traffic Signal Upgrade
at the Intersection of Fourth Avenue and Orange Avenue -
Upgrade of existing traffic signals to provide for a
1
~-5
protective-permissive phasing for the eastbound and
westbound approaches and replace the existing protective
permissive to a protection phasing for the northbound and
southbound approaches.
2) Traffic Signal Installation at Apache Drive/Miracosta
Circle and Otay Lakes Road - Installation of a fully
actuated a-phase traffic signal system.
3) Sidewalk installation along otay Lakes Road, between
Allen School Lane and Surrey Drive - Installation of a
sidewalk along the west side of Otay Lakes Road to enable
pedestrian access along this portion of otay Lakes Road.
4) Turning Lane and Channelization - Traffic Signal Upgrade
at the Intersection of Second Avenue and H Street -
Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing 2-phase
signal operation.
5) Turning Lane and Channelization - Traffic Signal Upgrade
at the Intersection of First Avenue and H Street -
Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing 2-phase
signal operation.
6) Turning Lane and Channelization - Traffic Signal Upgrade
at the Intersection of Fifth Avenue and L Street -
Upgrade of existing traffic signals to provide for
protective/permissive phasing to an existing fixed time
signal operation.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
J, \attorney\re'O\HES Program
2
;¿-IR
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date 02/12/02
ITEM TITLE: Resolution Waiving the consultant selection process and
approving an agreement between the City of Chula Vista and Linda Bartz &
Associates, for the provision of legal services needed for the acquisition of
right-of-way required for the construction of the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer; and authorizing the Mayor
to execute said agreement.
SUBMITTED BY: Director of Public work~~
City Attorney
6l"
f ~ (4/Sths Vote: Yes_NoX)
REVIEWED BY: City Manager... ,) The consultant, Linda Bartz & Associates, currently has a contract with the City for the provision
of legal services for a variety of projects. Under this contract, the consultant has provided some
services relative to the acquisition of right-of-way for the construction of the Salt Creek Gravity
Sewer Interceptor (SW2I9) and the Wolf Canyon Trunk Sewer (SW225) projects. However, as
design work on the Salt Creek Project progressed, it became evident, that the consultant's services
would be required to a larger extent than was originally anticipated. To this effect, City staff is
recommending that Council approve a separate agreement with Linda Bartz & Associates for the
provision of legal services, related to the construction of the Salt Creek Gravity Sewer Interceptor
and the Wolf Canyon Trunk Sewer projects.
RECOMMENDATION: That Council approve a resolution waiving the consultant selection
process and approving an agreement between the City of Chula Vista and Linda Bartz &
Associates, for the provision of legal services needed for the acquisition of right -of-way required
for the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk
Sewer; and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Background - Existing Agreement with Linda Bartz & Associates
There are currently a variety of on-going projects within the City that necessitates the City
Attorney's Office to periodically retain the services of outside counsel who specialize in legal
matters involving condemnation issues and overflow matters. Linda Bartz & Associates specialize
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Page 2, Item ~
Meeting Date 02/12/2002
in the area of condemnation law and have extensive experience in this and other related areas.
Staff recommended that her services be retained.
To this effect, Council on December I2, 2000, by Resolution 2000-450 (Attachment No.2)
approved a retention agreement with Linda Bartz, Esq., for legal services to be performed under
the supervision of the City Attorney. Under the terms of this agreement, the consultant was
required to provide needed services for the new Police Facility, the Salt Creek Gravity Sewer
Interceptor, the Wolf Canyon Trunk Sewer Project and a variety of other projects. This agreement
was for an amount not to exceed $75,000 for the duration of the contract, and is valid for two
years (from January 200I through December 2002). To date Ms. Bartz has billed the City
approximately $22,000 in legal services and $2,000 in reimbursable expenses. These reimbursable
expenses include fees paid to appraisers retained to value property and business losses.
Proposed agreement with Linda Bartz & Associates
It is anticipated that the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewers,
may necessitate the acquisition of right-of-way utilizing the condemnation process.
Since the City already has an agreement with Linda Bartz & Associates to provide these types of
services. staff determined that the Consultant would provide the services required for the Salt
Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer projects. However, as the
design of these two projects progressed, it became evident that it would be quite challenging to
track the expenditures and administer the existing contract for the work being done by the
Consultant on all assigned projects. Also, considering that the Consultant's services and workload
related to the Salt Creek project will intensify within the next few months and will exceed the
previous council authorization, staff is recommending that a separate contract be established with
the Consultant solely for the work being done on these two sewer projects.
Linda Bartz & Associates has reviewed the City's proposed schedule and have assured staff that
they can prepare and deliver the services required of them within the time frames provided, all in
accordance with the terms and conditions of this agreement. To this effect, the Consultant has
submitted a cost proposal based on her estimate of the additional work to be done on these
projects. The additional work to be done is estimated to cost approximately $200,000.
Considering the type of services being provided, it is not possible to accurately determine the
potential cost of the projects, since it depends on the length and type of acquisition process (i.e.
acquisition by eminent domain which may require lengthy court proceedings, or standard
acquisition process which requires document review).
Although the estimated total amount to be spent on both projects will increase significantly under
this contract due to a better understanding of the project issues and the estimated amount of time
to be spent on the project by the consultant, the Consultant's hourly rate will remain the same
under this contract. It is staff's opinion that this fee is reasonable for the required services.
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Page 3, Item ~
Meeting Date 02/12/2002
While the current contract is valid for a two-year period only (beginning January 200I through
December 2002), this proposed agreement would be valid for the duration of both projects.
Current projections indicate that both projects would be completed by the summer of 2003.
Justification for waiving the consultant selection process
Linda Bartz & Associates was selected by the City of Chula Vista pursuant to a request for
qualifications (RFQ) to provide as-needed legal services. The list established from the response to
that RFQ has expired. However, Ms Bartz has pursuant to that RFQ response and subsequently
provided legal services on condemnation and other matters. For the last year, Ms Bartz has been
working on the Salt Creek project and providing the needed services. Throughout this period Ms
Bartz has done so in a very efficient and effective manner. The establishment of this contract,
while it increases the overall amount to be spent on the project for these services, also serves as a
refinement that is purely administrative to better manage the Consultant's contract.
Status of consultant's work
The Consultant is currently assisting in the review of documents necessary to facilitate the
acquisition of right-of-way for the Salt Creek project. The City's Acquisition Agent (a consultant,
Ryals & Associates) working under her direction has initiated the acquisition process for the right-
of-way needed for Phase 2 of the Salt Creek Gravity Sewer Interceptor (See Attachment No.3 for
details of the various phases). To date, Linda Bartz & Associates has billed approximately
$24,000 for services required for the Salt Creek Gravity Sewer Project. There have been no
expenditures for the Wolf Canyon Project. So, the approval of this agreement will bring the total
amount of the Consultant's contract to $224,000.
The most significant part of the work to be done by the Consultant will potentially be in the
acquisition of right-of-away needed for Phases 3 and 4 (east of Heritage Road) of the Salt Creek
Gravity Sewer project and the construction of the Wolf Canyon Trunk Sewer. This work is
expected to intensify starting next month.
Conclusion
Approval of this agreement will authorize the consultant, Linda Bartz & Associates, to continue
working on the right-of-way acquisition for the Salt Creek Gravity Sewer Interceptor and the Wolf
Canyon Trunk Sewer under a new contract.
Staff therefore recommends that Council waive the consultant selection process and approve the
agreement for the provision of legal services required on the Salt Gravity Sewer Interceptor and
Wolf Canyon Trunk Sewer to Linda Bartz & Associates.
Page 4, Item 3
Meeting Date 02/12/2002
FISCAL IMPACT: Council approval of this resolution will authorize the expenditure of
budgeted funds from the project account. The costs associated with the Salt Creek Gravity Sewer
Interceptor will be funded from the project funds. The project is currently funded with funds from
the Trunk Sewer Capital Reserve Funds and the Salt Creek Gravity Basin Development Impact
Fee (DlF). There are sufficient funds in the Salt Creek Gravity Sewer project account to cover the
proposed expenditure.
The costs associated with the Wolf Canyon Trunk Sewer will be solely funded by McMillin
Development since they are currently funding the construction of the project with the goal of
setting up a reimbursement district.
Attachments: No.1 Agreement between the City of Chula Vista and Linda Bartz & Associates,
for the provision of legal services needed for the acquisition of right -of-way
required for the construction of the Salt Creek Gravity Sewer Interceptor
and the Wolf Canyon Trunk Sewer.
No.2 Resolution No. 2000-450 Waiving the Consultant Selection Process and,
and authorizing the Mayor to execute a retention agreement with Linda
Bartz & Associates for legal services to be performed under the supervision
of the City Attorney
No.3. Plat Showing the Salt Creek Gravity Sewer Interceptor and the Wolf
Canyon Trunk Sewer.
FILE NO. 073S-IO-SW219
nEngineerlAGENDAlLinda Baetz - ConITact-AllJ.ac.doc
2/6/02 6,SUO PM
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Agreement Between
The City Of Chula Vista
And
Linda Bartz & Associates
For The Provision Of Legal Consulting Services Required For The Salt Creek Gravity
Sewer Interceptor And The Wolf Canyon Trunk Sewer Projects
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 ofChula Vista, hereinafter called "City", whose business form is set
forth on Exhibit A, paragraph 3, and Linda Bartz & Associates., hereinafter called "Consultant,"
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, based on the evaluation of all the legal services required to facilitate
construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer, the City
Attorney determined that the legal services of a law firm that specializes in Condemnation Law would
be necessary to ensure the timely acquisition of right of way; and
WHEREAS, Consultant is a specialist in the area of Condemnation Law and has extensive
experience in Condemnation Law; and
WHEREAS, Consultant has already been providing the services required for these projects
under a different contract, has a grasp of all the project issues, and since the inception of these
projects, has represented the City in Court on a variety of issues related to these projects; and
WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070, staff determined that
competitive bidding is impractical at this time and recommends that Council waive the normal
consultant selection process and approve an agreement with Linda Bartz & Associates; and
WHEREAS, Consultant warrants and represents that she is qualified by virtue of her
experience, training, education and expertise to accomplish the services necessary under this
Agreement.
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NOW, THERFORE BE IT RESOLVED, that the parties do hereby mutually agree as
follows:
1. Consultant's Duties:
A. General Duties: The Consultant shall perform all of the services described in 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 the City such Deliverables as are identified in Exhibit A, Paragraph 8, within the
time ITames set forth therein, time being of the essence ofthis 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 shall not terminate this agreement, except at the option of the City.
C. Reductions in Scope of Work: City may independently, or upon request ITom
Consultant, ITom 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 Defmed 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, unless a separate
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care: Consultant, in performing any Services under this Agreement,
whether Defined Services or Additional Services, shall perform in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance: Consultant represents that it and its agents, staff and subconsultants
employed by it in connection with the Services required to be rendered, are protected against
the risk ofloss by the following insurance coverages, in the following categories, and to the
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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 limits applied separately
to each project away ITom premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and
Applicant in the same manner as members of the general public ("Cross-liability Coverage").
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 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.
(2) Policy Endorsements Required: In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement
to the City demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Perlormance:
(1) Perlormance 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. Said
Performance Bond to be furnished and delivered to the City of Chula Vista immediately
following signing of contract by both parties and before any work is started. Work timetable
begins upon delivery of said Performance Bonds.
(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
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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 fÌ'om 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 shaH 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, the 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 fÌ'om Consultant
submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event
more fÌ'equently than montWy, 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 I 9 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 to be charged upon making such payment.
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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 ITom delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld ITom 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 Filler: 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.
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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 govemmental decision in which Consultant knows or has
reason to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests: Regardless of whether Consultant is
designated as an FPPC Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's economic interests, as the term
is used in the regulations promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests: Regardless of whether Consultant
is designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this Agreement
which would constitute a conflict of interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests: Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant will
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 fÌ'om 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, ITom 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 ITom
the sole negligence or sole willful conduct 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:
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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. Independent Consultant:
City is interested only in the results obtained and Consultant shall perform as an independent
Consultant 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 Consultant 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
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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 ITom 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 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 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 Cali fomi a
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.
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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 ITom 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 ofChula 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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Signature Page
Agreement Between
The City of Chula Vista
And
Linda Bartz & Associates
For the Provision of Legal Consulting Services required for the Construction of the Salt Creek
Gravity Sewer Interceptor & the Wolf Canyon Trunk Sewer Projects.
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: City ofChula Vista
By:
Shirley Horton
Attest: Mayor
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Linda Bartz & Associates
f)
Bartz
Exhibit List to Agreement
(X) Exhibit A
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Exhibit A
to
Agreement Between
The City of Chula Vista
And
Linda Bartz & Associates
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
() Redevelopment Agency of the City ofChula Vista
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Name of Con suIt ant:
Linda Bartz & Associates
5. Business Form of Consultant:
(X) Sole Proprietorship
() Partnership
() Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1010 Second Avenue, Suite 1010
San Diego, CA 92101
Voice Phone (619) 237-5137
Fax: (619) 237-5110
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7. General Duties
To the satisfaction of the City Attorney, provide legal consultant services required to facilitate
the acquisition of right-of-way required to construct the Salt Creek Gravity Sewer Interceptor
and the Wolf Canyon Trunk Sewer.
8. Scope of Work and Schedule:
The scope of work for this contract will be to provide legal consultant services required to
facilitate the acquisition of right-of-way required to construct the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's General Liability Insurance: $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: $1,000,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant
N/A
II. Compensation:
A. (X) Hourly Rate Arrangement.
For perfonnance of all of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule
herein below according to the following tenDS and conditions:
1. (X) NoHo-Exceed Limitation on Time and Materials Arrangements
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perfonn all
of the Defined Services herein required of Consultant for no more than $224,000.00
(Two hundred and twenty four thousand dollars) including all Materials, and other
"reimburseables" ("Maximum Compensation").
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2. () Limitation without Further Authorization on Time and Materials
Arrangement,
At such; time as the Consultant shall have incurred time and materials
equal to $- for Deliverable 1, $- for Deliverable 2, $- for
Deliverable 3, $- for Deliverable 4, $- for Deliverable 5 and $- for
Deliverable 6 all as defined in Section - Deliverables, of this agreement
Rate Schedule
Category of Employee of Name Hourly
LegaI Consultant Rate
Attorney Linda Bartz, Dennis Shields, $125.00
William Polk
Paralegal Under Supervision of $85.00
Consultant
() Hourly rates may increase by 6% for services rendered after , if delay in
providing services is caused by City.
12. Materials Reimbursement Arrangement:
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
( ) Reports, not to exceed $_: Actual Cost
(X) Copies, not to exceed $0.10 per page: Actual Cost
(X) Travel, not to exceed $_: Actual Cost
(X) Printing, not to exceed $_: Actual Cost
(X) Postage, not to exceed $_: Actual Cost
(X) Delivery, not to exceed $_: Actual Cost
(X) Long Distance Telephone Charges,
not to exceed $_.
( ) Other Actual Identifiable Direct Costs:
,not to exceed $-
, not to exceed $-
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13. Contract Administrators:
City: John Kaheny, City Attorney
276 Fourth Avenue, Chula Vista, CA 919IO
and Susan Bigelow, City Clerk.
Consultant: Linda D. Bartz
Linda Bartz & Associates
1010 Second Avenue, Suite 1010
San Diego, CA 92101
Voice Phone (6I9) 237-5137
Fax: (619) 237-5110
14. Liquidated Damages Rate:
N/A
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( ) Not Applicable. Not an FPPC Filer.
(X) FPPC Filer
() Category No. I. Investments and sources of income.
() Category No.2. Interests in real property.
(X) Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
(X) 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 ofthe
type which, within the past two years, have cantracted with the designated
emplayee's department to. provide services, supplies, materials, machinery ar
equipment.
() Category No.7. Business positions.
(X) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
Nane
16. Real Estate Broker: Not Applicable
17. Permitted SubConsultants:
Dennis Shields
William Palk
As approved by the City
18. Bill Processing:
Consultant's Billing to be submitted for the fallawing period aftime:
( ) Monthly. The City will use its best effort to. remit payments within 30 days.
( ) Quarterly
(X) Other: Monthly and/ar Ouarterly
Day of the Period for submission of Consultant's Billing:
(X) First afthe Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
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Page 16
2n12002 9.C:;O
19. Security for Perlormance:
() Performance Bond:
() Letter of Credit:
() Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled to
retain, at their option, either the following "Retention Percentage" or "Retention Amount"
until the City determines that the Retention Release Event, listed below, has occurred:
() Retention Percentage:
() Retention Amount: $
Retention Release Event:
() Completion of all Consultant Services
( ) Other:
C:I WINDOWSIT emporary Internet FiI""IContelrt. IE51896TOJUB~jnda- Bartz-Salt- W olf-agreement.ao.doc
Page 17
2n12002
3-~1
,(;(T""~~ 1JO. ;¿
RESOLUTION NO. 2000-450
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND AUTHORIZING THE CITY ATTORNEY TO
EXECUTE A RETENTION AGREEMENT WITH LINDA
BARTZ, ESQ., FOR LEGAL SERVICES TO BE PERFORMED
UNDER THE SUPERVISION OF THE CITY ATTORNEY
WHEREAS, after selection through a competitive bidding process, Linda Bartz has
assisted the office of the City Attorney on an hourly basis on highly specialized legal matters
involving condemnation issues and a variety of legal issues at times when overflow assistance
was needed; and
WHEREAS, Ms. Bartz' existing contract is due to expire on December 31, 2000; and
WHEREAS, due to Ms. Bartz' previous selection through a competitive process, her
current ongoing involvement in a number of cases, and her excellent past perfonnance, it is
recommended that Council waive the selection process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of ChuIa Vista
does hereby waive the Consultant Selection Process and authorize the City Attorney to execute a
Retention Agreement not to exceed $75,000 with Linda Bartz, Esq., for legal services to be
perfonned under the supervision of the City Attorney.
Presented and Approved as to fonD by
,.
.3~;;J-
Resolution 2000-450 -
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 12th day of December, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
A A/~
Shirley H~aYOr
ATIEST:
-~l--ltf!-J3.£~
Susan Bigelow, City Cl
STATE OF CALIFORNIA ) -.
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk ofChula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-450 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the lib day of December, 2000.
Executed this 12th day of December, 2000.
~lJ..J. t1-I. ~ ~ 0 ~
Susan Bigelow, City Clerk
-
3-;23
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 12/12/00
ITEM TITLE: Resolution Waiving the Consultant Selection
Process and Authorizing the City Attorney to
Execute 'a Retention Agreement with Linda Bartz,
Esq., for Legal Services to be Performed Under the
Supervision of the City Attorney
SUBMITTED BY: City Attorney¿f~
(4/5ths Vote: Yes --- No~)
In the past, the City has utilized the services of Ms. Bartz on an
hourly basis to assist the staff on legal matters on an overflow
basis and in specialized areas of law pertaining to condemnation
issues. Due to the need for specialized legal services involving
condemnation issues, it is necessary to authorize the City Attorney
to execute a retention agreement with Ms. Bartz.
RECOMMENDATION: Waive the consultant selection process and approve
the resolution authorizing the City Attorney to execute a retention
agreement with Linda Bartz, Esq.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
After selection through a competitive bidding process, Linda Bartz
has assisted the office of the City Attorney on an hourly basis on
highly specialized legal matters involving condemnation issues and
on a variety of legal issues at times when overflow assistance was
needed. Ms. Bartz' existing contract is due to expire on
December 31, 2000. Due to Ms. Bartz' previous selection through a
competitive process, her current ongoing involvement in a number of
cases, and her excellent past performance, it is recommended that
Council waive the selection process. Ms. Bartz is a specialist in
the area of condemnation law and has extensive experience in
general municipal law and litigation. Ms. Bartz' experience in
condemnation law is currently necessary to assist the office of the
City Attorney in the matter of Salt Creek and Wolf Canyon Sewer.
-------..--------
---_.- -------- - ------
Page 2, Item:
Meeting Date: 12/n/OO
Due to the amount of work facing the City on a number of issues
over the next two years, this agreement is for a two year period of
January 1, 2001 through December 31, 2002. Ms. Bartz' compensation
is not anticipated to exceed $75,000.00 during this period. Ms.
Bartz' fee for legal services in extremely competitive at $125 -
$150 per hour. It is also anticipated that the need for her legal
services will continue throughout the completion of the
condemnation for Salt Creek Sewer and other potential projects.
FISCAL IMPACT: None. Funding for Ms. Bartz and other specialized
legal services were provided in the City Attorney's budget for
overflow and fees for legal services in the project budgets. No
additional appropriations are required.
H, \Home \Attorney\LBartz
- -_.
--.---.---- --- . --------------- --
AGRBBHBNT FOR LEGAL SERVICES
THIS AGREEMENT is entered into effective January 1, 2001, by
and between the City of Chula vista, (hereinafter "the CITY") and
Linda D. Bartz (hereinafter "ATTORNEY") doing business as Linda
Bartz & Associates.
RECITALS
The following recitals are a substantive part of this
Agreement:
WHEREAS, the CITY has periodically required the assistance of
outside counsel on highly specialized legal maters involving
condemnation issues and overflow matters; and
WHEREAS, ATTORNEY is a specialist in the area of condemnation
law and has extensive experience in condemnation law;
WHEREAS, ATTORNEY represents she is qualified by virtue of her
experience, training, education and expertise to accomplish the
services necessary under this Agreement.
AGRBEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Aqreement.
This Agreement shall cover services rendered from the above-
referenced effective date of this Agreement until
December 31, 2002.
2. Services to be Provided.
The services to be performed by ATTORNEY shall consist of any
and all tasks reasonably required to advise, assist and fully
represent the CITY in all legal matters presented to ATTORNEY and
on any matters in litigation, wherein ATTORNEY is consulted by, or
appears on behalf of, the CITY. ATTORNEY'S services shall include,
but are not limited to, any and all reasonably required legal
I
,,' 3-;¡~
.-..------. - -- . ---------
representation on behalf of the CITY.
3. Comcensation - ATTORNEY shall be compensated as follows:
3.1 Amount. The CITY shall compensate ATTORNEY for
services rendered at the following hourly rate of $125.00 per hour
except on matters identified as developer deposit account funded
matters for which ATTORNEY services shall be rendered at $150.00
per hour and paralegal hourly rate of $85.00 per hour.
Such hourly compensation shall be the sole and total
remuneration for services rendered pursuant to this Agreement.
Said compensation shall not exceed $75,000.00 during the term of
this Agreement.
3.2 Billing. ATTORNEY agrees to provide detailed
invoicing of all billing for services at a minimum of every three
months. The invoice shall include the amount, billing rate and
basis for calculation of all fees and costs.
All billing for work performed under this Agreement shall
be sent to the following:
John Kaheny
City Attorney
City of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
(619) 691-5037
3.3 Reimbursements for Expenses. ATTORNEY shall keep
accurate records of all costs, travel and expenses. These records
shall be made available to the CITY upon reasonable request.
The CITY will reimburse actual, reasonable and necessary
out of pocket expenses incurred by ATTORNEY in performing any
services under this Agreement as follows:
a. Parking Fees at the actual amount charged to
ATTORNEY.
2
,,--,
. 8-;;1
- "----. .-.--
b. Travel/Mileage at the rate allowed by the Internal
Revenue Service. Any 'travel fees incurred outside of San
Diego County must be authorized and approved in advance by the
CITY.
c. Consultants hired by ATTORNEY at the actual amount
charged to ATTORNEY.
d. ATTORNEY may seek reimbursement for any actual,
reasonable and necessary expenses incurred on items not
identified above with the prior authorization and approval by
the CITY.
e. In-house photocopies at .10 cents per page; and
outside photocopies, postage, messenger and word processing at
actual charges incurred.
To obtain reimbursement, ATTORNEY shall submit a summary
of expenses, along with all supporting receipts.
4- Insurance.
4.1 Professional Errors and Omissions Insurance.
ATTORNEY shall obtain and maintain in full force and
effect at all times Professional Errors and Omissions Liability
Insurance in a reasonable amount acceptable to the City Attorney.
ATTORNEY agrees to immediately notify the CITY in the
event that the limits shall fall below the acceptable coverage or
if the insurance policies are allowed to lapse and substitute
insurance is, or is not, obtained.
4.2 Workers Compensation Insurance.
ATTORNEY shall obtain and maintain, if applicable,
workers compensation insurance in accordance with section 3700 of
the California Labor Code.
5. City Aqent.
John M. Kaheny, city Attorney, for the purposes of this
Agreement, is the Agent for the CITY. Whenever authorization or
3
"'.,' 3<;; E:
- --.-- ------ -
approval is required, ATTORNEY understands that the city Attorney
has the authority to provide the authorization or approval.
6. IndeDendent Contractor.
ATTORNEY and anyone employed by ATTORNEY are not and shall not
be, deemed employees of the CITY. ATTORNEY is solely responsible
for the payment of employment taxes, workers compensation taxes,
and any other taxes for employees.
7. Conflict of Interest.
ATTORNEY represents that she presently has no material
financial interest other than that which may be held by the general
public and shall not acquire any interest, direct or indirect, in
any contract or decision made on behalf of the CITY which may be
affected by the services to be performed by ATTORNEY under this
Agreement.
In addition to the proscriptions regarding conflicts of
interest imposed on ATTORNEY by the Business and Professions Code
and by California Rules of Professional Conduct, ATTORNEY
represents that ATTORNEY shall not represent clients before any
board, commission, committee or agency of the CITY or represent any
client with interests adverse to the CITY. Furthermore, ATTORNEY
shall at all times avoid conflicts of interest or the appearance of
a conflict of interest in performance of this Agreement. ATTORNEY
shall immediately notify the City Attorney of any circumstances, or
change of circumstances, that may provide for the potential for a
conflict of interest, or actual conflict of interest.
8. Non Liability of Officials/EmDlovees of the CITY.
No official or employee of the CITY shall be personally liable
for any default or liability under this Agreement.
9. Compliance with Law.
ATTORNEY shall comply with all applicable laws, ordinances,
codes and regulations of the Federal, State and local governments.
In addition, ATTORNEY agrees to abide by all ethical and moral
standards as represented by the Rules of Professional Conduct as
applied to the California State Bar.
4
3-;;)9
------ ---.
10. Work Product.
All documents, or other information developed or received, by
ATTORNEY shall be the property of the CITY. ATTORNEY shall provide
the CITY with copies of items upon reasonable demand or upon
termination of this Agreement.
11. Notices.
All notice shall be personally delivered or mailed, via first
class mail, to the below listed address. In addition, such
addresses shall be used for delivery for service of process.
ATTORNEY agrees to notify the CITY within ten (10) days of the date
of any change of address and agrees to keep an updated address with
the applicable courts on any matters that ATTORNEY is representing
the CITY.
a. Address of ATTORNEY is as follows:
Linda D. Bartz, Esq.
Linda Bartz & Associates
1010 Second Avenue, Ste. 1010
San Diego, CA 92101
(619) 237-5137
b. Address of CITY is as follows:
John M. Kaheny, Esq.
City Attorney
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5037
12. Default/Termination of Aqreement.
CITY and ATTORNEY shall have the right to terminate this
Agreement without cause by giving thirty (30) days written notice.
13. Limitations UDon Assiqnment/subcontractinq.
ATTORNEY agrees that no portion of her performance or services
rendered under this Agreement shall be assigned by ATTORNEY or
subcontracted to any other without prior written authorization and
5
~í;: 3-30
- __'_m- ------..----- --- --.._------
approval of the CITY. CITY hereby acknowledges and consents to
subcontract work by Dennis Shields, Nancy Jones, David Axtmann and
William Polk who are Of Counsel to ATTORNEY as supervised by
ATTORNEY.
J.4. Non-Discrimination.
ATTORNEY covenants there shall be no discrimination based upon
race, color, creed, religion, sex, marital status, age, handicap,
national origin, or ancestry, in any activity pursuant to this
Agreement.
15. Time of Essence.
Time is of the essence in the performance of this Agreement.
16. Entire Aoreement.
This Agreement represents the Parties' final and mutual
understanding. This Agreement supersedes any previous Agreements,
oral or written.
17. Modification.
This Agreement shall not be modified or replaced except Þy
another signed, written Agreement, properly executed by the
parties.
18. Waiver.
The waiver of any breach or any provision of this Agreement
does not waive any other breach of that term, or any other term, in
this Agreement.
19. Partial Invalidity.
If any part of this Agreement is found for any reason to be
unenforceable, all other parts nonetheless shall remain in force.
20. Governinq Law.
This Agreement shall be interpreted and construed in
accordance with the laws of the State of California.
6
J 3,31
---.--.-..-.-.
21. Interpretation.
This Agreement shall be interpreted as though prepared by both
parties.
22. Survival.
All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the CITY and ATTORNEY survive
the termination of this Agreement.
23. Attorneys' fees.
If a party brings an action, including an action for
declaratory relief, to enforce or to interpret the provisions of
this Agreement, the prevailing party is entitled to reasonable
attorneys' fees and costs in addition to any other relief to which
the party may be entitled. Such fees may be set by the court in
the same action or in a separate action brought for that purpose.
(NEXT PAGE IS SIGNATURE PAGE)
7
I.... 3-3c;L
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D..c;;:~.~.-.~O .5P.'.~~..!:;; l..~~~._B~'.:'~Z & As.s"!.,=,_1..a:!:<;':!.._ß19 237 5110 !:,.02
SIGNA'r1JRE PAGE '1'0
AGREEMENT FO~ LEGAL SERVICES
IN WITNESS WHBREOF, th..ge parties have "yp.cuted this Agree1llent
on th.. day "-':'14 year shown hereinabove.
CITY OF CHULA VISTA LINDA BARTZ &. ASSOCIATES
Ry: "~~2 tá\-
~nirley Horton
Mayor '.
ATTEST:
By:
city Clerk
Approved as to Form:
.---
Joh" 1'1- Kaheny
C1ty At:torney
". \Hnm@\>.ttornoY\Agr..\h,rC2
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RESOLUTION NO. 2002- ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND LINDA BARTZ &
ASSOCIATES, FOR THE PROVISION OF LEGAL SERVICES
NEEDED FOR THE ACQUISITION OF RIGHT-OF-WAY
REQUIRED FOR THE CONSTRUCTION OF THE SALT
CREEK GRAVITY SEWER INTERCEPTOR AND THE WOLF
CANYON TRUNK SEWER, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the consultant, Linda Bartz & Associates, currently has a contract with the
City for the provision oflegal services for a variety of projects; and
WHEREAS, under this contract, the consultant has provided some services relative to
the acquisition of right-of-way for the construction of the Salt Creek Gravity Sewer Interceptor
(SW219) and the Wolf Canyon Trunk Sewer (SW225) projects; and
WHEREAS, as design work on the Salt Creek Project progressed, it became evident,
that the consultant's services would be required to a larger extent than was originally
anticipated; and
WHEREAS, to this effect, City staff is recommending that Council approve a separate
agreement with Linda Bartz & Associates for the provision of legal services, related to the
construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer
projects; and
WHEREAS, it is recommended that the consultant selection process be waived for the
following reasons:
. Linda Bartz & Associates was selected by the City of Chula Vista pursuant to a request
for qualifications (RFQ) to provide as-needed legal services
. Although the list established from the response to that RFQ has expired, Ms Bartz,
pursuant to that RFQ response, has subsequently provided legal services on
condemnation and other matters.
. For the last year, Ms Bartz has been working on the Salt Creek project and providing
the needed services and throughout this period Ms Bartz has done so in a very efficient
and effective manner.
. The establishment of this contract, while it increases the overall amount to be spent on
the project for these services, also serves as a refinement that is purely administrative to
better manage the Consultant's contract.
3.35
WHEREAS, staff is recommending that the City Council waive the consultant selection
process of Municipal Code Section 2.56.110 as impractical for above stated reasons.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the consultant selection process and approve an agreement between the
City of Chula Vista and Linda Bartz & Associates, for the provision of legal services needed for
the acquisition of right-of-way required for the construction of the Salt Creek Gravity Sewer
Interceptor and the Wolf Canyon Trunk Sewer, a copy of which shall be kept on file in the office
of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
nattomeylcesol Linda Bartz
2 3-3~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 2/12/02
ITEM TITLE: Resolution Agreeing to a $10,000 contribution to SDG&E
for sidewalk construction on Fourth Avenue south of Orange Avenue and
appropriating funds therefo~
SUBMITTED BY: Director of Public Works.
REVIEWED BY: ell- (4/Sths Vote: ~ No---.J
City Manager j", 91/ Capital Improvement Project STL-256 IS for a new sidewalk on the west side of Fourth Avenue across
SDG&E easement south of Orange Avenue. Engineering plans have been completed for this 250 foot
segment of missing sidewalk, but funding for the project is not scheduled until FY 2003-2004. An offer
has been made by the adjoining property owner, SDG&E, to construct the sidewalk if the City
partIcipates.
RECOMMENDATION: That the resolution be approved appropriating $13,000 from Gas Tax Reserve
to fund Project STL-256, and authorize staff to contribute $10,000 to SDG&E as partial contribution for
the construction of sidewalk.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
On Fourth Avenue between Orange Avenue and Main Street, Portland Cement Concrete (PCe¡ sidewalks
are already in on both sides of the street except for a small portion (250 ft.), on the west side and across
SDG&E Easement. This has been an effort by the City to provide sidewalks in the vicinity of the Chula
Vista South Library. The City in previous years has installed sidewalks on Fourth Avenue north and
south of the Library, and on Orange Avenue. Staff and Council have received requests from senior
citizens to finish the small missing portion across the SDG&E easement.
Public Works/Engineering staff have completed plans and an estimate to do the work. The estimate for
the construction of the sidewalk, curb and gutter is $48,000. SDG&E has offered to contract for the work
If the City would:
1. contribute $10,000 toward the construction,
2. provide the Plans at no cost to SDG&E, and
3. issue a no fee permit and provide inspection at no cost.
Since SDG&E did pay for the sidewalk on the east side of Fourth Avenue, across their easement, and
since the sidewalk does not benefit their easement, staff believes this is a generous offer that the City
should accept. In addition to the contribution of $10,000, Council is requested to appropriate $3,000 from
Gas Tax reserves to cover staff costs for plans and inspection.
FISCAL IMPACT: This action will save the City about $38,000 compared to the City paying the entire
cost. Ongoing maintenance should be minimal.
hie STL-256
J,\cngmccr\aGENDA\stI256Jpla.doc
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AGREEING TO A $10,000 CONTRIBUTION TO
SDG&E FOR SIDEWALK CONSTRUCTION ON FOURTH AVENUE
SOUTH OF ORANGE AVENUE AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, capital Improvement Project STL-256 is for a new
sidewalk on the west side of Fourth Avenue across SDG&E easement south
of Orange Avenue; and
WHEREAS, Engineering plans have been completed for this 250
foot segment of missing sidewalk, but funding for the project is now
scheduled until FY 2003-04; and
WHEREAS, an offer has been made by the adjoining property
owner, SDG&E, to construct the sidewalk if the city participates.
WHEREAS, since SDG&E did pay for the sidewalk on the east
side of Fourth Avenue, across their easement, and since the sidewalk
does not benefit their easement, staff believes this is a generous
offer that the City should accept; and
WHEREAS, in addition to the contribution of $10,000, Council
is requested to appropriate $3,000 from Gas Tax reserves to cover staff
costs for plans and inspection.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City
of Chula Vista does hereby authorize staff to contribute $10,000 to
SDG&E as partial contribution for the construction of sidewalk on
Fourth Avenue south of Orange Avenue.
BE IT FURTHER RESOLVED that the amount of $13,000 is hereby
appropriated from Gas Tax Reserve to fund Project STL-256.
Presented by Approved as to form by
John P. Lippitt
Director of Public Works
J,IAteo,"eylr"oISDG.E eidew,'k oon,ribu,ion
4"~
COUNCIL AGENDA STATEMENT
Item: 5
Meeting Date: 02/12/02
ITEM TITLE: RESOLUTION WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING A CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
TO PROVIDE GRAFFITI ERADICATION SERVICES
SUBMITTED BY: Ch;ef of POI;~
t/ <cv
REVIEWED BY: City Manager}" {II (4/5ths Vote: Yes- No L)
RECOMMENDATION: That Council waive the consultant selection process and
approve a contractual agreement with South Bay Community Services to provide
graffiti eradication services.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
Background: Since FY 85-86, the City of Chula Vista has contracted with South
Bay Community Services to provide graffiti eradication services. The graffiti
eradication program removes graffiti from private property when the owner of the
property requests assistance through the graffiti hotline. The hotline and the
removal service are operated by South Bay Community Services staff co-located at
the Police Department. Juveniles in the South Bay Community Services diversion
program remove the graffiti.
The attached contract formally continues services for the graffiti eradication
program. The contract is a standard two-party contract that has been approved as
to form by the City Attorney. The proposed contract will expire June 30, 2002 and
may be extended an additional three years upon mutual agreement.
Discussion: South Bay Community Services, in partnership with the Police
Department's Juvenile Unit, staffs a graffiti hotline. The hotline coordinator returns
the calls of the approximately 80 callers who contact the hotline each week. The
hotline coordinator either arranges for the graffiti removal or refers the graffiti request
to the appropriate city department or utility company. The hotline coordinator keeps
a log of all calls. On a bi-weekly basis, the coordinator transports juveniles in the
diversion program to the sites needing graffiti eradication services, and supervises
the removal process. The coordinator keeps track of the number of youth referred,
number of sites where graffiti was eradicated, the types of sites where services are
- --- ------ ---
provided and reports to referral sources. First time diversion offenders can be
assigned up to 1 OO-community service hours, probation youth up to 200 hours.
Staff has evaluated the cost of providing this program in-house and determined that
at this time, it is more cost effective to contract for this service
Fiscal Impact: A total of $30,000 was appropriated during the FY 01-02 Budget
process for graffiti eradication services. This amount was budgeted based on
previous graffiti service contracts with South Bay Community Services (SBCS).
During contract renewal discussions these costs were increased by SBCS to cover
the actual cost of staffing this program. The actual cost is $42,500. Sufficient funds
are available in the Police Department due to anticipated services supply savings.
Approval of the agreement will result in no net fiscal impact in FY 01-02 and FY 02-
03.
£;
REv i.sc,D
~-I~-~
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT
SELECTION PROCESS, APPROVING A CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES
TO PROVIDE GRAFFITI ERADICATION SERVICES AND
AUTHORIZING THE PURCHASING AGENT TO EXECUTE
SAID AGREEMENT
WHEREAS, since FY 85-86 the City of Chula Vista has contracted with
South Bay Community Services to provide graffiti eradication services; and
WHEREAS, the graffiti eradication program removes graffiti from private
property when the owner of the property requests assistance through the graffiti
hotline; and
WHEREAS, the hotline and the removal services are operated by South Bay
Community Services staff, co-located at the Chula Vista Police Department; and
WHEREAS, the hotline coordinator returns approximately 80 calls per week
and arranges for graffiti removal or refers the graffiti request to the appropriate City
department or utility company; and
WHEREAS, on a bi-weekly basis the coordinator transports juveniles in the
diversion program to the sites needing graffiti eradication services and supervises
the removal process; and
WHEREAS, the cost of the contract for graffiti eradication services is
$42,500; and
WHEREAS, sufficient funds are available in the police department budget;
and
WHEREAS, the proposed contract will expire June 30, 2002 and may be
extended an additional three years upon mutual agreement; and
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista City Council
does hereby waive the consultant selection process and approve a contractual
agreement with South Bay Community Services to provide graffiti eradication
services, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Purchasing Agent of the City of Chula
Vista is hereby authorized and directed to execute said Agreement on behalf of the
City of Chula Vista.
Presented by: Approved as to form by:
Rioh.,' P. Em,moo ~~ ~
Police Chief City Attorney L-
...s -..3
RESOLUTION
WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING A CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY
SERVICES TO PROVIDE GRAFFITI ERADICATION
SERVICES
WHEREAS, since FY 85-86 the City of Chula Vista has contracted with
South Bay Community Services to provide graffiti eradication services; and
WHEREAS, the graffiti eradication program removes graffiti from private
property when the owner of the property requests assistance through the graffiti
hotline; and
WHEREAS, the hotline and the removal services are operated by South Bay
Community Services staff, co-located at the Chula Vista Police Department; and
WHEREAS, the hotline coordinator returns approximately 80 calls per week
and arranges for graffiti removal or refers the graffiti request to the appropriate City
department or utility company; and
WHEREAS, on a bi-weekly basis the coordinator transports juveniles in the
diversion program to the sites needing graffiti eradication services and supervises
the removal process; and
WHEREAS, the cost of the contract for graffiti eradication services is
$42,500; and
WHEREAS, sufficient funds are available in the police department ~udget;
and
WHEREAS, the proposed contract will expire June 30, 2002 and may be
extended an additional three years upon mutual agreement; and
THEREFORE, BE IT RESOLVED, that the Chula Vista City Council does
hereby waive the consultant selection process and approve a contractual agreement
with South Bay Community Services to provide graffiti eradication services.
Presented by: Approved as to form by:
Ql~f¿
Richard P. Emerson
Police Chief
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.
Parties and Recital Pagels)
Agreement between
City of Chula' vista
and
South Bay Community Services
for Community Service Program-Graffiti Eradication
This agreement ("Agreement"), dated July 1, 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, since FY 1985-86, the City has contracted with South
Bay community Services to provide graffiti eradication services;
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;
Whereas, South Bay Community Services provides juvenile
diversion services for the community stationed at the Chula Vista
Police Department, and is able to link first-time offenders to the
graffiti program, and has stationed within the police department
diversion counselors familiar with the referred youth, and
therefore occupies a unique position within the community to find
youth to perform the graffiti eradication.
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
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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 sub
consultants employed by it in connection with the Services required
to be rendered, are protected against the risk of loss by the
following insurance coverage's, 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.
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3
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage,
Primary Coverage and Cross-liability Coverage required under
Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated by
a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
and amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated by
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
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4
city such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
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 hereunder 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.
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5
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.
The term of this agreement is from July 1, 2001 through June
30, 2002. 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.
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
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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.
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
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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 hereunder.
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 (" Consul tant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
( "Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
.made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
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5-/ I
from the sole negligence or sole willful misconduct of the city,
its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in defend-
ing against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against
the city, its officers, agents, or employees. 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
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5-/2-
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 sub consultants
identified thereat as "Permitted Sub consultants".
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
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agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City
will not withhold state or federal income tax, social security tax
or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City
harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the city in
accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the city in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"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
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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.
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.
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F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[Next Page is Signature Page]
13
5 -fto
Signature Page
to Agreement between
City of Chula vista and South Bay Community Services
for Graffiti Eradication 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: December 11, 2001 city of Chula Vista
By:
John Coggins
Approved as to form:
orney
Dated: 1- b- -" L
Exhibit List to Agreement
( X )Exhibit A.
J, \attorney\agree. aaa 2 party agreement
14
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Exhibit A
to
Agreement "between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement: July 1, 2001
2. City-Related Entity:
(XX) 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: South Bay Community Services
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(XX) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
South Bay Community Services
315 Fourth Avenue, Suite E
Chula Vista, CA 91910
619 420 3620 FAX 619 420 8722
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7. General Duties: Community Service - Graffiti Eradication
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Community Service-Graffiti Eradication Program is a joint
venture of South Bay Community Services and the Chula Vista Police
Department. The program incorporates first t~e youthful offenders
and youth referred from probation into graffiti eradication work
crews supervised by South Bay Community Services personnel. These
crews go to several sites within the City of Chula Vista cleaning
up graffiti and performing community restitution. First time
offenders can be assigned up to 100 community service hours;
probation youth up to 200 hours.
Youth are transported to clean-up sites in a City provided van. The
Chula Vista Police Department provides to the South Bay Community
Services staff: office space, furniture, office supplies,
telephones, and a hot line number, in addition to the van.
For additional information on the Scope of Work, refer to the
attached Community Service Program policies pp 70-81.
B. Date for Commencement of Consultant Services:
(XX) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
-NA-
D. Date for completion of all Consultant services:
upon compliance with all executory provisions herein.
9. Insurance Requirements:
(XX) Statutory Worker's Compensation Insurance
(XX) Employer's Liability Insurance coverage: $1,000,000.
( ) Commercial General Liability Insurance: $1,000,000.
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( ) Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
None
11. Compensation:
A. (XX) 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 t~es or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amoun t: $42,500, per year (for FY 2001-
2002),payable in monthly installments of $3541.66
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.
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
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5-ZO
~ach 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 c:r: .:.mounts set forth in the Rate Schedule herein below
according t'o 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
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!?-21
~~e and Materials Arrangement
At such t~e as Consultant shall have incurred t~e
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled to any addi -
tional compensation without further authorization issued
in wri ting 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.
(XX) 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 $_.
( ) Other Actual Identifiable Direct Costs:
, not to exceed $ :
, not to exceed $ :
19
5-22.
13. Contract Administrators:
City: Sgt. David Eisenberg
Community Relations Unit
Chula Vista Police Department
276 Fourth Avenue
Chula Vista, CA 91910 619 409 5466
Consultant: Kathryn Lembo, Executive Director
South Bay Community Services
315 Fourth Avenue, Suite E
Chula Vista, CA 91910 619 420 3620
14. Liquidated Damages Rate:
( ) $ - per day.
(XX) Other: NONE
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(XX) 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 Ci ty of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
20
5-23
.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
Not Applicable
17. Permitted Sub consultants:
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(xx) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(XX) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
21
-5 -2Lf
C. City's Account Number:
19. Security for Performance
None required.
22
5-2.5
SOUTH BAY COMMUNITY SERVICES
GRAFFITI ERADICATION
STATEMENT OF WORK SCHEDULE
2001-2002
1. Statement of Work
Graffiti will be eradicated on a number of Chula VISta public and private sites: buildings, walls,
sidewalks and utility boxes. This will be accomplished utißzing the services of youth refen'ed by
sacs' CVPD Juvenile Diversion Counselors which include youth refen'ed by the Juvenile
Probation Department to complete community service hours.
The Coordinator will keep track of the number of youth referred, number of sites where graffiti was
eradicated, the types of sites where services are provided, and reports to referral sources.
Sites on which graffiti will be eradicated: 1000
Number of youth to be referred: 90
2. Schedule
Youth will be referred to the Graffiti Coordinator stationed at the Chula VISta Police Department.
Community members and public employees notify the coordinator through the graffiti hotline, of
sites that have been vandalized with graffiti. A list is kept of the reports and on a weekly basis the
Coordinator meets referred youth at the sacs site and transports them to the sites needing grafIiti
eradication services.
----" __mm__'__"------ -'-'-
COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 7/17/0<1
ITEM TITLE: Resolution Amending the Existing City Investment Policy
and Guidelines
~
SUBMITTED BY: Assistant City Manager Powell
REVIEWED BY: City Manager~~ ¡)V/ (4/5ths Vote: Yes ~No-X-)
The City has an existing Investment Policy and Guidelines to insure the prudent
management of idle cash. State law requires that the Investment Policy and
Guidelines be adopted by resolution of the City Council on an annual basis after being
reviewed to ensure consistency with the overall objectives of preservation of
principal, liquidity, and yield, and its relevance to current law and financial and
economic trends.
Recently, several assembly bills were passed which changed some of the provisions
and reporting requirements currently listed in the City's Investment Policy and
Guidelines. It is recommended that the Council adopt the resolution to amend the
existing Investment Policy and Guidelines to reflect these new requirements. In
addition, the Quarterly Report of Cash and Investments for the quarter ended
December 31, 2001 is submitted for your information.
RECOMMENDATION: That Council adopt Resolution amending the
existing Investment Policy and Guidelines.
BOARDS & COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION: The City's Investment Policy and Guidelines adopted on February
13, 2001 by Resolution 2001-026 is intended to provide direction for the prudent
investment of temporarily idle cash, and for maximizing the efficiency of the cash
management process. The stated goal is to enhance the economic condition of the
City while insuring the safety of funds invested. The policy includes a list of specific
investment instruments available under the relevant California Government Code
provisions, 53600 et. seq. and 53635 et. seq. In addition to specific instruments,
investment in the Local Agency Investment Fund (LAIF), an investment pool
administered by the State Treasurer and the County Treasurer's Investment Pool are
also included. Each investment transaction is made in the context of first insuring
the "safety" of principal, second, investing only for that timeframe that the cash is
not needed for operational purposes ("liquidity"), and last seeking the highest return
possible ("yield") provided that the first two factors are met.
~_u_~ ._----~-_._---- -
Page 2. Item
Meeting Date 2L121O2
Recently, several assembly bills were passed to improve upon the existing
Government Code provisions. Assembly Bill 2220 changed the maximum maturity
from 270 days to 180 days for bankers acceptances, and 180 days to 270 days for
commercial paper. Assembly Bill 609 addressed the amount of money that cities
could invest in commercial paper. Previously, the limit was 15%, and the new bill
raised it to 25%. Assembly Bill 943 requires cities to file their investment reports
twice a year with the State. It is recommended that the existing Policy be amended
to reflect these changes. Both a strikeout/underline version and clean version are
attached for your review. Prior to this, the Policy had not been amended since
February 1997.
Attached for your information is the quarterly report of investments as of December
31, 2001. The Pooled Investment Portfolio ($176,343,961) and the
Cash/Investments with Fiscal Agents ($112,985,798) continue to be invested in
accordance with the Government Code and the Council Investment Policy.
During the quarter, two investments matured, three were sold and seven were
called prior to their maturity date. Other than routine investment in money market
funds by fiscal agents, seven federal government securities were purchased during
the quarter totaling $15,000,000 and carrying interest rates ranging from 3.50
percent to 5.00 percent. The difference in interest rates is the result of day-to-day
price fluctuations in the market, maturity differences, and callable v. non-callable
securities.
Market interest rates continued to decline this quarter as the Federal Reserve Board
lowered rates again in response to economic indicators continuing to reflect a
weakening in the economy, rising unemployment and falling corporate earnings. To
provide some perspective, during the past twelve months, the interest rate paid on
a two year treasury note dropped from 4.63 percent to as low as 2.45 percent. As
of December 31, the weighted average yield (average interest rate) on the Pooled
Investment Portfolio was 5.562 percent, down from the previous quarter's 5.877
percent. This decrease in yield can be attributed to the number of higher yield
investments called prior to their maturity date and reinvested at current market
yields that are significantly lower.
At the end of this quarter, the weighted average maturity dropped from 2.76 years
to 2.56 years. This is mainly due to new purchases of shorter term investments as
there is no significant increase in yield to be earned by investing in longer term (four
to five year) securities under the current economic conditions. This weighted
average maturity keeps the portfolio well within the Council Policy of less than 3.0
years.
----- .--------_.._---- - ---
Page 3, Item
Meeting Date 2.L12.lD2
Considering the projected timing of cash receipts and disbursements and the
structure of the Pooled Investment Portfolio, the City should be able to comfortably
meet overall cash flow needs over the next six months. Any temporary shortfalls
at the individual Fund level will be addressed by recommendations to Council for
interfund borrowing.
FISCAL IMPACT:
There is no direct fiscal impact by this action, but for informational purposes, the par
value of the total investment portfolio totaled $289,329.759 as of December 31,
2001, an increase of $14,108,736 over the previous quarter. Investment interest
revenue for only the Pooled Investment Portfolio (excluding the cash and investments
with fiscal agents) is budgeted at $8.2 million for fiscal year 2001-02.
h
-- -----..---- -. -------
2/12/02
CITY OF CHULA VISTA
INVESTMENT POLICY AND GUIDELINES
1. PURPOSE
Effective cash flow management and cash investment practices
are recognized as essential to good fiscal management. This
Statement is intended to provide guidelines for the prudent
investment of the City's temporarily idle cash in all Funds,
and outline the policies for maximizing the efficiency of
the City's cash management system.
2. OBJECTIVE
The objective of the investment policy is to provide
guidelines for insuring the safety of funds invested while
maximizing investment interest income to the City.
3. INVESTMENT POLICY
A. The Finance Director is responsible for investing the
cash balances in all ci ty Funds in accordance with the
California Government Code, Sections 53600 et seq. and
53635 et seq. This policy does not include Long Term
Debt Reserve Funds and Deferred Compensation Funds,
which are exceptions covered by other more specific
Government Code sections and the legal documents unique
to each debt transaction. Investment practices shall
conform to the prudent man rule (Civil Code Sect. 2261,
et seq.) which states, in essence, that "in
investing. " property for the benefit of another, a
trustee shall exercise the judgment and care, under the
circumstances then prevailing, which men of prudence,
discretion and intelligence exercise in the management
of their own affairs..."
The Finance Director and other individuals assigned to
manage the investment portfolio, acting within the
intent and scope of the investment policy and other
written procedures, and exercising due diligence, shall
be relieved of personal responsibility and liability
for an individual investment's credit risk or market
price changes, provided material deviations from
expectations are reported in a timely manner and
appropriate action is taken to control any adverse
developments.
- 1 -
_. -------------
B. It is the City's full intent, at the time of purchase,
to hold all investments until maturity in order to
ensure the return of all invested principal. However,
it is realistically anticipated that market prices of
securities purchased as investments will vary depending
on economic conditions, interest rate fluctuations, or
individual security credit factors. In a well
diversified investment portfolio, such temporary
variations in market value will inevitably result in
measurable losses at any specific point in time. From
time to time, changes in economic or market conditions
may dictate that it is in the City's best interest to
sell a security prior to maturity.
C. The three principle factors of Safety, Liquidity and
Yield are to be taken into consideration, in the
specific order listed, when making investment
decisions.
1. Safety of principal is the foremost factor to be
considered during each investment transaction.
Safety in investing refers to minimizing the
potential for loss of principal, interest or a
combination of the two due to the two types of
risk, Credit Risk and Market Risk.
a) Credit Risk, defined as the risk of loss due
to failure of the issuer of a security, shall
be mitigated by only investing in very safe,
or "investment grade" securities and
diversifying where feasible.
b) Market Risk, defined as market value
fluctuations due to overall changes in
interest rates shall be mitigated by limiting
the average maturity of the investment
portfolio to less than 3 years, with a
maximum maturity of any one security of 5
years without prior Council approval. Also,
the portfolio will be structured based on
liquidity needs so as to avoid the need to
sell securities prior to maturity.
- 2 -
w.---- -------------------------------
2. Liquidity refers to the ability to convert an
investment to cash promptly with minimum risk of
losing some portion of principal or interest. The
investment portfolio will be structured based on
historic cash flow analysis in order to provide
the necessary liquidity as investments routinely
mature. A portion of the portfolio will be
maintained in liquid short-term securities which
can be converted to cash if necessary to meet
unforeseen disbursement requirements.
3. Yield is the average annual return on an
investment based on the interest rate, price, and
length of time to maturity. The City attempts to
obtain the highest yield possible, provided that
the basic criteria of safety and liquidity have
been met.
4. AUTHORIZED INVESTMENT INSTRUMENTS
The ci ty may invest in the following instruments under the
guidelines as provided herein:
A. Certificates of Deposit. Time Certificates of Deposit
will be made o;lly in FDIC or FSLIC insured accounts.
For deposits ln excess of the insured maximum of
$100,000, approved collateral shall be required in
accordance with California Government Code Section
53652 and/or 53651 (m) (1). No more than 25% of the
investment portfolio may be invested in this investment
type.
B. Securities of the U.S. Government or its Aqencies.
Includes obligations issued by Federal Home Loan Banks,
Government National Mortgage Association, the Farm
Credit System, the Federal Home Loan Bank, the Federal
Home Loan Mortgage Association, the Federal National
Mortgage Association, the Student Loan Marketing
Association, or obligations or other instruments of or
issued by a federal agency or a United States
Government sponsored enterprise.
C. Treasury Bills and Notes. U.S. Treasury Bills, Notes,
Bonds or Certificates of Indebtedness, or those for
which the full faith and credit of the United States
- 3 -
?::'
are pledged for the payment of principal and interest.
D. Local Aqency Investment Fund (LAIF). Investment of
funds in the California LAIF which allows the State
Treasurer to invest through the Pooled Money Investment
Account. Maximum investment is subject to state
regulation.
E. County of San Dieqo Treasury Pool. Investment of funds
in the County of San Diego Treasury which allows the
County Treasurer-Tax Collector to invest local funds
through a pooled concept.
F. Bankers Acceptance. Bills of Exchange or Time Drafts
drawn on and accepted by a commercial bank, otherwise
known as Bankers Acceptances, both domestic and
foreign, which are eligible for purchase by the Federal
Reserve System. Purchases of Bankers Acceptances may
not exceed 180 days maturity or total more than 40%
of the cost value of the City's investment portfolio.
G. Commercial Paper. Paper of the highest rating as
provided by Moody's Investors Service, Inc. (Pl), or
Standard and Poor's Corporation (Al+). Eligible paper
is further limited to issuing corporations that are
organized and operating within the United States and
having total assets in excess of five hundred million
dollars ($500,000,000). Purchases of eligible
commercial paper may not exceed l~ 270 days maturity,
represent more than 10% of the outstanding paper of the
issuer, or total more than lS'i; 25% of the cost value of
the City's investment portfolio.
H. Neqotiable Certificates of Deposit. Issued by a
nationally or state-chartered bank or a state or
federal savings and loan association or by a
state-licensed branch of a foreign bank. Purchases of
Negotiable Certificates of Deposit may not total more
than 30% of the cost value of the City's investment
portfolio.
1. Repurchase Aqreements. A purchase of securities by the
ci ty pursuant to a Master Repurchase Agreement by which
the seller will repurchase such securities on or before
a specified date, or on demand of either party, and for
a specified amount. Investments in repurchase
- 4 -
uo_- .o_--------~- ..-_u.o-
agreements will be used solely as short term investments
not to exceed 90 days and be collateralized by
securities having a market value of at least 102% of the
value of the repurchase agreement at all times during
the term of the investment.
J. Medium Term Corporate Notes. Corporate obligations
shall be rated A or better by Moody's and or Standard
and Poor's rating agencies. Purchases of corporate
medium term notes shall not total more than 30% of the
cost value of the City's investment portfolio, nor for
any one corporation, when combined with any Commercial
Paper issued by the same corporation, total more than
15% of the cost value of the City's investment
portfolio.
K. Various daily cash funds administered for or by
Trustees, Paying Agents, or Custodian Banks contracted
by the City may be purchased as allowed under California
Government Code. Only those funds holding U.S. Treasury
or Government Agency obligations shall be purchased.
5. DIVERSIFICATION
Investments shall be diversified among institutions, types
of securities and maturities to maximize safety and yield
with changing market conditions. Local financial
institutions will be given preferential consideration for
investment of City funds consistent with the City's
objective of attaining market rates of return, and
consistent with constraints imposed by its safety
objectives, cash flow considerations and State laws.
6. SAFEKEEPING
All investments of the City shall have the City of Chula
Vista as registered owner and shall be held in safekeeping
by a third party bank trust department, acting as agent for
the City under the terms of a custody agreement.
7. INVESTMENT REPORTS
A) The Director of Finance shall submit a quarterly
investment report to the ci ty Manager and City Council
in accordance with Government Code Section 16481.2
containing the following information for each individual
investment:
Financial institution
Type of investment
- 5 -
¿,
----- -- --------------.--- - -----
Purchase Price of investment
Rate of interest
Purchase date
Maturity date
Current market value for securities
Other data as required by the City
In addition, the report shall include a statement of
compliance of the portfolio with the Council approved
Investment Policy and a statement indicating the ability
of the City to meet its expenditure requirements for the
next six months.
B. The Director of Finance shall submit copies of the second
and fourth quarter calendar year investment reports to the
California Debt and Advisory Commission (CDAIC) in
accordance with AB 943. Also a copy of the City's
Investment Policy shall be sent to CDAIC annually.
8. POLICY REVIEW
This investment policy and guidelines shall be adopted by
resolution of the City Council on an annual basis after
being reviewed to ensure its consistency with the overall
objectives of preservation of principal, liquidity, and
yield, and its relevance to current law and financial and
economic trends.
- 6 -
h
---- ---- _.._--_..~-
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
INVESTMENT POLICY AND GUIDELINES
230-0I 02/12/02 1 OF 5
ADOPTED BY: (Resolution No.) I DATED: 02/12/02
AMENDED BY: Resolution No. (date of resolution)
PTJRPOSF
Effective cash flow management and cash investment practices are recognized as essential to good
fiscal management. This Statement is intended to provide guidelines for the prudent investment of
the City's temporarily idle cash in all Funds, and outline the policies for maximizing the efficiency
of the City's cash management system.
ORTFrTTVF
The objective of the investment policy is to provide guidelines for insuring the safety of funds
invested while maximizing investment interest income to the City.
TNVFSTMFNT I'OllCY
A. The Finance Director is responsible for investing the cash balances in all City Funds in
accordance with the California Government Code, Sections 53600 et seq. and 53635 et seq.
This policy does not include Long Term Debt Reserve Funds and Deferred Compensation
Funds, which are exceptions covered by other more specific Government Code sections and
the legal documents unique to each debt transaction. Investment practices shall conform to the
prudent man rule (Civil Code Sect. 2261, et seq.) which states, in essence, that "in investing...
property for the benefit of another, a trustee shall exercise the judgment and care, under the
circumstances then prevailing, which men of prudence, discretion and intelligence exercise in
the management of their own affairs..."
The Finance Director and other individuals assigned to manage the investment portfolio, acting
within the intent and scope of the investment policy and other written procedures, and
exercising due diligence, shall be relieved of personal responsibility and liability for an
individual investment's credit risk or market price changes, provided material deviations from
expectations are reported in a timely manner and appropriate action is taken to control any
adverse developments.
B. It is the City's full intent, at the time of purchase, to hold all investments until maturity in
order to ensure the return of all invested principal. However, it is realistically anticipated that
market prices of securities purchased as investments will vary depending on economic
conditions, interest rate fluctuations, or individual security credit factors. In a well diversified
investment portfolio, such temporary variations in market value will inevitably result in
measurable losses at any specific point in time. From time to time, changes in economic or
market conditions may dictate that it is in the City's best interest to sell a security prior to
maturity.
.
.._-" -----"- "~-"-~". -".. ---"- - -
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
INVESTMENT POLICY AND GUIDELINES
230-01 02/12/02 2 OF 5
ADOPTED BY: (Resolution No.) I DATED: 02/12/02
AMENDED BY: Resolution No. (date of resolution)
C. The three principle factors of Safety, Liquidity and Yield are to be taken into consideration, in
the specific order listed, when making investment decisions.
I. Safety of principal is the foremost factor to be considered during each investment
transaction. Safety in investing refers to minimizing the potential for loss of principal,
interest or a combination of the two due to the two types of risk, Credit Risk and Market
Risk.
a) Credit Risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by only investing in very safe, or "investment grade" securities and
diversifying where feasible.
b) Market Risk, defined as market value fluctuations due to overall changes in interest
rates shall be mitigated by limiting the average maturity of the investment portfolio to
less than 3 years, with a maximum maturity of anyone security of 5 years without prior
Council approval. Also, the portfolio will be structured based on liquidity needs so as
to avoid the need to sell securities prior to maturity.
2. Liquidity refers to the ability to convert an investment to cash promptly with minimum risk of
losing some portion of principal or interest. The investment portfolio will be structured based
on historic cash flow analysis in order to provide the necessary liquidity as investments
routinely mature. A portion of the portfolio will be maintained in liquid short-term securities
which can be converted to cash if necessary to meet unforeseen disbursement requirements.
3. YieId is the average annual return on an investment based on the interest rate, price, and length
of time to maturity. The City attempts to obtain the highest yield possible, provided that the
basic criteria of safety and liquidity have been met.
AIJTHORf7FO INVF<;TMFNT TN<;TRIIMFNT<;
The City may invest in the following instruments under the guidelines as provided herein:
A. r"rtific"t", of n"po,it, Time Certificates of Deposit will be made only in FDIC or FSLIC
insured accounts. For deposits in excess of the insured maximum of $100,000, approved
collateral shall be required in accordance with California Government Code Section 53652
and/or 53651 (m) (1). No more than 25 % of the investment portfolio may be invested in
this investment type.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
INVESTMENT POLICY AND GUIDELINES
230-01 02/12/02 3 OF 5
ADOPTED BY: (Resolution No.) I DATED: 02/12/02
AMENDED BY: Resolution No. (date of resolution)
B. S"cnriti", of th" IT S r;ov"rnm"nt or it, A g"nd", Includes obligations issued by Federal
Home Loan Banks, Government National Mortgage Association, the Farm Credit System,
the Federal Home Loan Bank, the Federal Home Loan Mortgage Association, the Federal
National Mortgage Association, the Student Loan Marketing Association, or obligations or
other instruments of or issued by a federal agency or a United States
Government sponsored enterprise.
C. Tr"""ITY Hill, "nn Not",. U.S. Treasury Bills, Notes, Bonds or Certificates of Indebtedness,
or those for which the full faith and credit of the United States are pledged for the payment of
principal and interest.
D. T oc"l Ag"nry Tnv",tm"nt Flinn (I ATF). Investment of funds in the California LAIF which
allows the State Treasurer to invest through the Pooled Money Investment Account.
Maximum investment is subject to state regulation.
E. rollnty of S"n Oi"go Tr"""ITY Pool. Investment of funds in the County of San Diego
Treasury which allows the County Treasurer-Tax Collector to invest local funds through a
pooled concept.
F. H"nk"" Acc"pt"nc". Bills of Exchange or Time Drafts drawn on and accepted by a
commercial bank, otherwise known as Bankers Acceptances, both domestic and foreign,
which are eligible for purchase by the Federal Reserve System. Purchases of Bankers
Acceptances may not exceed I80 days maturity or total more than 40% of the cost value of
the City's investment portfolio.
G. romm"rci"' P"p"r. Paper of the highest rating as provided by Moody's Investors Service,
Inc. (PI), or Standard and Poor's Corporation (Al+). Eligible paper is further limited to
issuing corporations that are organized and operating within the United States and having total
assets in excess of five hundred million dollars ($500,000,000). Purchases of eligible
commercial paper may not exceed 270 days maturity, represent more than 10% of the
outstanding paper of the issuer, or total more than 25% of the cost value of the City's
investment portfolio.
H. N"gnti"hl" r"rtificM", of O"po,it. Issued by a nationally or state-chartered bank or a state or
federal savings and loan association or by a state-licensed branch of a foreign bank.
Purchases of Negotiable Certificates of Deposit may not total more than 30 % of the cost value
of the City's investment portfolio.
--12
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
INVESTMENT POLICY AND GUIDEUNES
230-01 02/12/02 4 OF 5
ADOPTED BY: (Resolution No.) I DATED: 02/12/02
AMENDED BY: Resolution No. (date of resolution)
1. Rppnrrh"'" A£fPpmpnt<. A purchase of securities by the City pursuant to a Master
Repurchase Agreement by which the seller will repurchase such securities on or before a
specified date, or on demand of either party, and for a specified amount. Investments in
repurchase agreements will be used solely as short term investments not to exceed 90 days and
be collateralized by securities having a market value of at least 102 % of the value of the
repurchase agreement at all times during the term of the investment.
J. Mprlillm Tpfm í'nrpnf"tp Nntp< Corporate obligations shall be rated A or better by Moody's
and or Standard and Poor's rating agencies. Purchases of corporate medium term notes shall
not total more than 30% of the cost value of the City's investment portfolio, nor for anyone
corporation, when combined with any Commercial Paper issued by the same corporation, total
more than I5% of the cost value of the City's investment portfolio.
K. Various daily cash funds administered for or by Trustees, Paying Agents, or Custodian Banks
contracted by the City may be purchased as allowed under California Government Code. Only
those funds holding U.S. Treasury or Government Agency obligations shall be purchased.
mVFRSTFTí'ATTON
Investments shall be diversified among institutions, types of securities and maturities to maximize
safety and yield with changing market conditions. Local financial institutions will be given
preferential consideration for investment of City funds consistent with the City's objective of
attaining market rates of return, and consistent with constraints imposed by its safety objectives,
cash flow considerations and State laws.
SA FFKFFPTN(;
All investments of the City shall have the City of Chula Vista as registered owner and shall be held
in safekeeping by a third party bank trust department, acting as agent for the City under the terms
of a custody agreement.
TNVFSTMFNT RFPORTS
A. The Director of Finance shall submit a quarterly investment report to the City Manager and
City Council in accordance with Government Code Section 16481.2 containing the following
information for each individual investment:
- Financial institution
- Type of investment
.
t,
----_. ----------- -- H-
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: POLICY EFFECTIVE
NUMBER DATE PAGE
INVESTMENT POLICY AND GUIDELINES
230-01 02/I2/02 5 OF 5
ADOPTED BY: (Resolution No.) I DATED: 02/12/02
AMENDED BY: Resolution No. (date of resolution)
- Purchase Price of investment
- Rate of interest
- Purchase date
- Maturity date
- Current market value for securities
- Other data as required by the City
In addition, the report shall include a statement of compliance of the portfolio with the
Council approved Investment Policy and a statement indicating the ability of the City to meet
its expenditure requirements for the next six months.
B. The Director of Finance shall submit copies of the second and fourth quarter calendar year
investment reports to the California Debt and Advisory Commission (CDAIC) in accordance
with AB 943. Also a copy of the City's Investment Policy shall be sent to CDAIC annually.
POI IrY RFVTPW
This investment policy and guidelines shall be adopted by resolution of the City Council on an
annual basis after being reviewed to ensure its consistency with the overall objectives of
preservation of principal, liquidity, and yield, and its relevance to current law and financial and
economic trends.
b
-----------.---- - ---
COUNCIL INFORMATION
DATE: January 30, 2002
TO: Honorable Mayor and City Council ~ ~
* j'
VIA: David D. Rowlands Jr., City Manager ~
FROM: Robert W. Powell, Assistant City Manage~
SUBJECT: Investment Report For The Quarter Ended
December 31, 2001
Attached for your information is the quarterly report of
investments as of December 31, 2001. The Pooled Investment
Portfolio ($176,343,961) and the Cash/Investments with
Fiscal Agents ($112,985,798) continue to be invested in
accordance with the Government Code and the Council
Investment Policy as adopted on February 13, 2001.
During the quarter, two investments matured, three were
sold and seven were called prior to their maturity date.
Other than routine investment in money market funds by
fiscal agents, seven federal government securities were
purchased during the quarter totaling $15,000,000 and
carrying interest rates ranging from 3.50 percent to 5.00
percent. The difference in interest rates is the result of
day-to-day price fluctuations in the market, maturity
differences, and callable v. non-callable securities.
Market interest rates continued to decline this quarter as
the Federal Reserve Board lowered rates again in response
to economic indicators continuing to reflect a weakening in
the economy, rising unemployment and falling corporate
earnings. To provide some perspective, during the past
twelve months, the interest rate paid on a two year
treasury note dropped from 4.63 percent to as low as 2.45
percent. As of December 31, the weighted average yield
(average interest rate) on the Pooled Investment Portfolio
was 5.562 percent, down from the previous quarter's 5.877
percent. This decrease in yield can be attributed to the
number of higher yield investments called prior to their
maturity date and reinvested at current market yields that
are significantly lower.
~) /S
-'--'---- -- ,-------- ,- -- ---
Quarterly Investment Report
December 31,2001
Page 2 of 2
At the end of this quarter, the weighted average maturity
dropped from 2.76 years to 2.56 years. This is mainly due
to new purchases of shorter term investments as there is no
significant increase in yield to be earned by investing in
longer term (four to five year) securities under the
current economic conditions. This weighted average maturity
keeps the portfolio well within the Council Policy of less
than 3.0 years.
Considering the projected timing of cash receipts and
disbursements and the structure of the Pooled Investment
Portfolio, the City should be able to comfortably meet
overall cash flow needs over the next six months. Any
temporary shortfalls at the individual Fund level will be
addressed by recommendations to Council for interfund
borrowing.
Should you have any questions regarding this information,
please feel free to contact me.
-/6
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RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE EXISTING CITY INVESTMENT
POLICY AND GUIDELINES
WHEREAS, the City has an existing Investment policy and
Guidelines to insure the prudent management of idle cash; and
WHEREAS, state law requires that the Investment policy and
Guidelines be adopted by resolution of the city Council on an annual
basis after being reviewed to ensure consistency with the overall
objectives of preservation of principal, liquidi ty, and yield, and its
relevance to current law and financial and economic trends; and
WHEREAS, several assembly bills were recently passed which
changed some of the provisions and reporting requirements currently
listed in the City's Investment Policy and Guidelines; and
WHEREAS, staff recommends amending the existing Investment
policy and Guidelines to reflect these new requirements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the city
of Chula Vista does hereby amend the existing City Investment policy
and Guidelines, attached hereto and incorporated herein by reference as
if set forth in full.
Presented by Approved as to form by
'{ ~¿«/_---
Robert Powell M. Kaheny
Deputy city Manager Attorney L--/
J, IACComeylreeolinveeomeno policy
ro-23
February 5th, 2002
MEMO TO: City Clerk
,/
FROM: Patty Wesp
SUBJECT: RA TIFICA TION OF APPOINTMENT
Mayor Horton has asked that the following be placed under
Mayor's Report for the next regular Council meeting:
Ratification of Appointment To The Housing Advisory Commission
Greg Alabado
(Mr. Alabado currently serves on this Commission in an Ex-Officio capacity.)
Cc: Mayor Horton
Armando Buelna
/O -/
COUNCIL AGENDA STATEMENT
Item No: 7
Meeting Date: 02/12/02
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a
fourth amendment to an agreement between The City of Chula Vista and
MNA Consulting for land use consulting services related to the revised
draft City of Chula Vista MSCP Subarea Plan, Implementing Ordinances
and Implementing Agreement, and authorizing the Mayor to execute said
agreement.
Resolution of the City Council of the City of Chula Vista waiving the
City's formal bidding process, approving an agreement between the City
of Chula Vista and Dudek and Associates, Inc. for consulting services
for preparation and submittal of a first screencheck Environmental
Impact Report/Environmental Assessment for the revised draft City of
Chula Vista MSCP Subarea Plan, and authorizing the Mayor to execute
said agreement. 1
SUBMITTED BY: Director of Planning and Building / ,¡¡!It
REVIEWED BY: City ManageÞ}r\lí' (4/Sths Vote: Yes- No x )
Over the last several years, the City has been working on the preparation of a Multiple Species
Conservation Program (MSCP) Subarea Plan and associated implementing ordinances in order
to receive Incidental Take Authorization from the Wildlife Agencies, which would provide for
the conservation of sensitive plant and animal species while allowing development to continue.
Subsequent to the City Council's adoption of the draft MSCP Subarea Plan in October 2000,
environmental conditions changed which prompted the City to provide further revisions to the
Draft MSCP Subarea Plan.
The item before the City Council is a request for the City Council to approve a fourth
amendment to the existing contract with MNA Consulting, for an amount not to exceed
$47,000 for consulting services to include preparation of a revised Administrative Draft MSCP
Subarea Plan, and a new contract with Dudek and Associates, Inc. for environmental
consulting services, for an amount not to exceed $32,900 (with an additional $8,225 for
additional services should they be necessary as determined by the City's Environmental
Review Coordinator based on issues that may be identified during the preparation of the
environmental document) to begin preparation of CEQA/NEPA related documents.
RECOMMENDATION:
1. That the City Council adopt the Resolution of the City Council of the City of Chula
Vista approving a fourth amendment to an agreement between the City of Chula Vista
7--
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Page 2, Item No.: rJ
Meeting Date: 02/12/02
and MNA Consulting for land use consulting services related to the revised draft City
of Chula Vista MSCP Subarea Plan, Implementing Ordinances and Implementing
Agreement, and authorizing the Mayor to execute said agreement.
2. That the City Council adopt the Resolution of the City Council of the City of Chula
Vista waiving the City's formal bidding process, approving an agreement between the
City of Chula Vista and Dudek and Associates, Inc. for consulting services for
preparation and submittal of a first screencheck Environmental Impact
Report/Environmental Assessment for the revised draft MSCP Subarea Plan, and
authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
Background
The Multiple Species Conservation Program is a comprehensive, long-term habitat
conservation plan developed to address the needs of multiple species and the preservation of
natural vegetation communities in south San Diego County. The MSCP Framework Plan was
adopted by the City of San Diego and County of San Diego in I997. It addresses the potential
impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to
mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts
of future development of both public and private lands within the MSCP study area.
On September 22, 2000 the City submitted an application to the U.S. Fish and Wildlife Service
for issuance of a Section 10(a)(I)(B) incidental take permit pursuant to the u.s. Endangered
Species Act of 1973, as amended and submitted an application to the California Department of
Fish and Game for issuance of take authorization pursuant to Section 2835 of the Fish and Game
Code. On October 17, 2000 City Council adopted the City's Draft MSCP Subarea Plan. From
October 2000 through the present, staff and consultants have accomplished the following major
tasks:
. Drafted three administrative MSCP implementing ordinances;
. Prepared a Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterfly, and
based on the HCP, successfully negotiated with the Wildlife Agencies to add coverage
for the Quino Checkerspot Butterfly (a species not originally covered by the MSCP
Subregional Plan);
8 Worked with the Wildlife Agencies to resolve issues pertaining to changed
circumstances, critical habitat, and wetlands; and
. Developed with the Wildlife Agencies and the Rolling Hills Ranch and Bella Lago
property owners hard-line preserve boundaries for those projects.
7
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Page 3, Item No.: ìJ
Meeting Date: 02/12/02
The continuing services of MNA Consulting are needed to prepare a revised administrative
draft MSCP Subarea Plan, incorporating the changes described above, and revised
administrative draft MSCP implementing ordinances for submittal to the Wildlife Agencies in
early March 2002. If, based on their preliminary review, the Wildlife Agencies determine that
the revised administrative draft addresses the issues raised to date, the City would then be
poised to complete its previously submitted application for Incidental Take Authorization.
As a result of the revisions and environmental changes that have occurred since adoption of the
Draft MSCP Subarea Plan by the City Council in October 2000, additional environmental
documentation has been determined to be necessary. The consulting services of Dudek and
Associates, Inc. are needed to prepare a first screencheck EIR/EA for City review, because the
City does not have the "in-house" staff necessary to prepare the environmental document within
the time frame necessary to obtain take authorization this year. In order to keep the
environmental review process moving, the proposed contract with Dudek and Associates, Inc.
would allow the City to immediately commence preparation of the first screencheck EIR/EA
while the Wildlife Agencies are reviewing the administrative draft MSCP Subarea Plan.
The contracts before the City Council would allow completion of the revised administrative
draft MSCP Subarea Plan and the preparation of the first screencheck ErR/EA. If the revised
administrative draft MSCP Subarea Plan is determined to be complete for submittal to the
Wildlife Agencies, contract amendments to both of these contracts will be necessary to
complete the work effort through Incidental Take Authorization. Final revisions to the Draft
MSCP Subarea Plan and associated Implementing Ordinances and Implementing Agreement
will need to be made and the draft EIR/EA will need to be completed. These documents are
necessary to complete the Incidental Take Permit application requirements and would enable
the Wildlife Agencies to advertise the City's Draft MSCP Subarea Plan and supporting
information in the Federal Register for a 60-day public review period.
Consultant Services
1. MNA Consulting
In April 1999, the City Council entered into a contract with MNA Consulting for the
purpose of preparing a draft MSCP Subarea Plan and associated implementing documents.
The original contract (Attachment 1) was for $I27,000 and was funded by developer
deposits. There were three amendments thereafter for additional land use consulting
services related to the preparation of the Draft MSCP Subarea Plan. The amendments,
which totaled $445,985, were funded from the available fund balance of the City of Chula
Vista General Fund, the majority of which has either been or will be reimbursed by the
developers.
The fourth amendment is related to the original contract in that it will result in a revised
administrative Draft MSCP Subarea Plan that incorporates the information generated as
part of the prior contract amendments. The City of Chula Vista has determined that the
...,- --- .-.----. .-.--.--- .-
Page 4, Item No.: 7
Meeting Date: 02/12/02
scope of work for completion of the City's MSCP has expanded and additional tasks have
been identified to complete the revised administrative Draft MSCP Subarea Plan. The City
now desires the continued assistance of MNA Consulting to complete a revised
administrative draft MSCP Subarea Plan, three final draft MSCP implementation
ordinances and the final draft Implementing Agreement.
2. Dudek and Associates, Inc.
In February 2001, City staff began work to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register. The revised
administrative draft MSCP Subarea Plan will incorporate coverage for the Quino
Checkerspot Butterfly, as well as address other issues raised by the Wildlife Agencies at a
two-day MSCP Summit held in July 2001. As a result, the revised administrative draft
MSCP Subarea Plan will include information that was not previously analyzed in the
MSCP's Final EIRiEIS, as well as the Addendum to the MSCP Final EIR/EIS prepared for
the Draft MSCP Subarea Plan, dated September 2000. Therefore, further environmental
documentation has been determined to be necessary.
The City does not have the "in-house" staff necessary to prepare the environmental
document within the timeframe necessary to obtain an Incidental Take Permit this year.
The expedited preparation of the environmental document for the revised administrative
draft MSCP Subarea Plan necessitates the hiring of an environmental Consultant. Dudek
and Associates, Inc. has been a subconsultant to MNA Consulting in the preparation of the
Draft City of Chula Vista MSCP Subarea Plan. Due to the technical nature of the
necessary environmental documentation and for improved administrative purposes, staff
proposes a new separate contract with Dudek and Associates, Inc. It is staff's
recommendation that it is in the City's best interest to waive the consultant selection
process as impracticable and retain the services of Dudek and Associates, Inc. since the
City's interests would be materially better served for the following reasons:
a. Dudek and Associates, Inc. has demonstrated competence and qualifications for the
services required, including but not limited to, a unique understanding and expertise due
to their prior consulting work on issues related to MSCP, specifically the preparation of
the region-wide MSCP EIRiEIS, as well as the Addendum to the EIRIEIS prepared for
the City ofChula Vista's Draft MSCP Subarea Plan (September 2000).
b. Additional work by the Dudek and Associates, Inc. would provide continuity in the
project's progression.
c. Selection of an alternate firm would delay Wildlife Agencies' approval and
implementation of the Subarea Plan, as well as impact the timely processing of
development projects such as Otay Ranch, Rolling Hills Ranch, and Bella Lago, since it
L/
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Page 5, Item No.: 7
Meeting Date: 02/12/02
would take a significant amount of time and effort to learn and understand the project
sufficiently to represent the City's interests in an effective and timely manner.
d. Cost estimates by Dudek and Associates, Inc. have been reviewed by city staff and are
found to be reasonable.
The consultant represents that they are experienced and staffed in a manner such that they
can prepare and deliver the required services to the City within the necessary time frames.
The total fees paid to Dudek and Associates, Inc. for environmental consulting services,
primarily associated with the Salt Creek Sewer project, during the current fiscal year are
approximately $107,888.
Scope of work
The detailed scope of work for both MNA Consulting and Dudek and Associates, Inc. is set
forth in Attachments 2 and 3.
FISCAL IMPACT:
1. MNA Consulting
Developer reimbursements will fund the majority of the $47,000 currently proposed for
approval with the City paying its proportionate share (approximately $6,000) for the
University site, which the City is currently in the process of acquiring. Including the
fourth amendment to the MNA Consulting contract, the total fiscal impact for MNA
Consulting's work on the MSCP is $60I,985.
2. Dudek and Associates, Inc.
Developer reimbursements will fund the majority of the $32,900 (with an additional $8,225
for additional services should they be necessary) currently proposed for approval with the
City paying its proportionate share (approximately $5,000) for the University site.
Attachments
I. Original Contract with MNA Consulting, dated Apri] ]999, and as amended through First, Second
and Third Amendment.
2. Fourth Amendment to the Agreement between City of Chula Vista and MNA Consulting, a
California Corporation
3. Two-Party Agreement between the City of Chula Vista and Dudek and Associates, Inc. Related to
Environmental Services for the Chula Vista Multiple Species Conservation Program (MSCP)
Subarea Plan.
II WLANNINGIMaryLlAgenda Statement 02J202.2R3.doc
.------ ----- - ----------- -- - - --
477AcHME/uT 1
Agreement
between
City of Chula Vista
and
MNA Consulting
for Consulting Services Related to the
Multiple Species Conservation Program (MSCP) Subarea Plan
This Consulting Services Agreement ("Agreement"), dated April
13, 1999 for the purposes of reference only, and effective as of
the date last executed unless another date is otherwise specified
in Exhibit A, Paragraph 1 is between the City-related entity as is
indicated on Exhibit A, paragraph 2, as such ("City"), whose
business form is set forth on Exhibit A, paragraph 3, and the
entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made
with reference to the following facts:
Recitals
WHEREAS, the City Council agrees to waive the formal bid
process for the selection of consulting services, as defined in
Section 2.56.070 of the Municipal Code, citing that it was
impractical cO conduct a formal bid process for the selection of
consulting services where a unique understanding and expertise
linked to prior consulting work on issues related to the siting of
a university on Otay Ranch and habitat conservation planning in
other jurisdictions;
Whereas, Consultant shall assist the City in completing
successful negotiations with the State and Federal Wildlife
Agencies on a Multiple Species Conservation Plan for the City; 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 Recicals. Next Page starts Obligatory Provisions.)
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April 13, 1999 Page 1
Þ JF/913/)
.... -u- .----. ----.-- ---- uu-
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 IC), unless a separate fixed
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999 Page 2
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fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss by
the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liabili ty 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 and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and
Applicant in the same manner as members of the general public
("Cross-liability Coverage").
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
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 3
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 Cormnercial 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. 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 irmnediately 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 irmnediately 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
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April 13, 1999 Page 4
-._-------_._-"-~..- - -.---
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.
1. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization to
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 IC) to be charged upon making such
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April 13, 1999 Page 5
10
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.
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.
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April 13, 1999 Page 6
,---" ,------------------- ---- --
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.
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.
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April 13, 1999 Page 7
-
--.-.. -.-..-. .--.. - .----
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire
any such Prohibited Interest within the Term of this Agreement, or
for 12 months after the expiration of this Agreement, except with
the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless
the City, its elected and appointed officers and employees, from
and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful misconduct of the City,
its officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in defend-
ing against such claims, whether the same proceed to judgment or
not. Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought against
the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 8
13
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 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.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 9
Ij-I ~
_u - --- - ----~-------- _m__-
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 provlslons 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
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999 Page 10
I
_____0__- - - 0.-.---
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 judgement 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
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 11
(p
." --- ---- ----- ._-- "- "----~
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 Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 12
--.....----..---- _._----
Signature Page
to
Agreement between City of Chula Vista and MNA Consulting
for Consulting Services Related to MSCP Subarea Plan
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: ;9f"/¡/~ J:?, 19i;7 City of Chula Vista
Attest:
~u!u~~~
Susan Bigelow, City lerk
Approved as to form:
¥:Jt. c
iJlfl ~ 6.1~
John ~aheny, City Attorney
Dated: .J.fJ,ðJ q' <7 MNA CONSULTING
Dba of McKinley Nielsen
Associates, Inc.
Exhibit List to Agreement
(X) Exhibit A.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 13
--~-------- --~-
Exhibit A
to
Agreement between
City of Chula Vista
and
MNA Consulting
1. Effective Date of Agreement: April 13, 1999
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:
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
Consultant:
MNA Consulting
5 - Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
6. Place or Business, Telephone and Fax Number of Consultant:
427 "Cn Street, Suite 308
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999 Page 14
San Diego, California 92101
Voice Phone (619) 239-9877
Fax Phone (619) 239-9878
7. General Duties: Consultant shall prepare a revised draft MSCP
Subarea Plan and participate in negotiations with both property
owners and the Wildlife Agencies to resolve the final MSCP
boundaries and related issues. Consultant shall coordinate the
completion of an Implementing Agreement for the MSCP Subarea Plan.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Consultant shall provide policy advice and work with the City
to achieve the City's objectives in developing an MSCP program
that will be acceptable to both the City and to State and
Federal agencies.
Consultant shall represent the City in all negotiations with
the California Department of Fish and Game and the U.S. Fish
and Wildlife Services.
Consultant shall assist the City in reviewing planning options
and developing both planning and negotiation strategies.
Consultant shall prepare a revised draft Subarea Plan for
review by the City and Agencies and shall work with the City
to develop acceptance from the Agencies for the document.
Consultant shall coordinate processing of the final Subarea
Plan through the City. Coordination shall include the
following:
Oversight for preparation of appropriate environmental
review documents (to be prepared by City staff);
Coordination with City staff and outside Counsel in
preparation of appropriate and necessary environmental
review documents;
Coordination with City attorney and outside counsel in
preparation of Implementing Agreement and negotiation
with Wildlife Agencies; and
Attendance at all City hearings.
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 15
-..-----.----.--------- --" --
Consultant shall coordinate all work provided by
subconsultants listed in Paragraph 17 below.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverab1es:
Deliverable No. 1: See Exhibit B for timeframe of
de1iverables
Deliverable No. 2:
Deliverable No. 3:
D. Date for completion of all Consultant services:
October 31, 1999
9. Insurance Requirements:
IX) 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).
( ) Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
City shall provide Consultant with a variety of background
material pertaining to the MSCP processing, including the City's
Draft MSCP Subarea Plan.
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
h:\shared\planning\duane\mnacnt~l.agr
April 13, 1999 Page 16
rye I
amounts and at the times or milestones or for the Oeliverables 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 compensatïon for that phase has
been paid. Any payments made hereunder shall be
considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that phase.
The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim
payment such that, at the end of the phase, the
full retention has been held back from the
compensation due for that phase. Percentage of
completion of a phase shall be assessed in the sole
and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by the
City that has been provided, but in no event shall
such interim advance payment be made unless the
Contractor shall have represented in writing that
said percentage of completion of the phase has been
performed by the Contractor. The practice of
making interim monthly advances shall not convert
this agreement to a time and materials basis of
payment.
B. ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones or Oeliverables set
forth Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 17
'")-
.---- ------------------ H-
shall have issued a notice to proceed to Consultant as to said
Phase.
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
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 18
'7
----- ---- ----------- -----'0 ----
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 agrees that
Consultant will perform all of the Defined Services
herein required of Consultant for $127,000
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
Senior Partner McKinley/Nielsen $135
Associate Morrison $ 85
Research Assistant Alcantara $ 75
Administrative Assistant Floridi $ 65
( ) 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
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999 Page 19
.._----- ----------------- - - -----
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 $
( ) Other Actual Identifiable Direct Costs:
not to exceed $ :
, not to exceed $ :
13. Contract Administrators:
City:
Robert Leiter
Planning Director
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5101
Consultant:
Laurie J. McKinley
MNA Consulting
427 "C" Street, Suite 308
San Diego, CA 92101
(619) 239-9877
(619) 239-9878/fax
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 20
\
-----
(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.
( ) Category No. 6. Investments irl 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:
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 21
rJ
-.-------- --.------ -------
RMA Consulting
3215 Don Rolando
Escondida, CA 92025
(760) 743-3156
(760) 741-3070/fax
Dudek & Associates
605 Third Avenue
Encinitas, CA 92024
(760) 942-5147
(760) 632-0164/fax
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(X ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
.I'Imoun t: $
(X ) Retention. If this space is checked, then
notwi thstanding 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:
h:\shared\planning\duane\mnacnt-1.agr
April 13, 1999 Page 22
.--..--. -.----
(X ) Retention Percentage: ---1.L %
( ) Retention Amount: $
Retention Release Event:
(X ) Completion of All Consultant Services
( ) Other:
h:\shared\planning\duane\mnacnt-l.agr
April 13, 1999 Page 23
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--.---------.-- -- -.-----
FIRST AMENDMENT TO
the Agreement between the City of Chula Vista and
MNA Consnlting, a California Corporation
Recitals
This First Amendment is entered into effective as of (p~ December I999, by
and between the City of Chula Vista ("City") and MNA Consulting, a California
Corporation ("Consultant"), with reference to the following facts:
WHEREAS, City and CONSULTANT previously entered into an agreement
whereby CONSULTANT was to prepare a revised draft MSCP Subarea Plan; and
WHEREAS, CONSULTANT prepared an administrative draft MSCP Subarea
Plan; and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the document; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of CONSULTANT to complete the MSCP Subarea Plan and to
coordinate follow-up implementing tasks.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and CONSULTANT agree as follows:
1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following
paragraphs:
Consultant shall continue to work with the City to achieve adoption of the MSCP
Subarea Plan. Work shall include the following:
Coordinate the preparation and submittal by City staff of the IO(a) permit
application to the Wildlife Agencies;
WSharedlAttomeylM:--¡A Contract Amendmentl-doc 10f5
F)-3D ¡¿/qh11
Assist City staff in the coordination of the preparation of the Otay River
Valley study being conducted by Conservation Biology Institute;
and
Prepare the environmental review documents, including:
(I) Task I - Using CEQA Guidelines, CONSULTANT shall
evaluate the adequacy of the Final EIR/EIS for Issuance of
Take Authorizations for Threatened and Endangered Species
Due to Urban Growth within the Multiple Species
Conservation Program Planning Area for the purposes of
adopting the MSCP Subarea Plan: This evaluation shall focus
on the process for a Responsible Agency in considering an
EIR prepared by a Lead Agency (per Section 15096 of the
California Code of Regulations).
(2) Task II - If the EIR is adequate for the purposes of taking
discretionary action on the Subarea Plan, Consultant shall
prepare Draft Findings of Fact, in accordance with Section
15091 of the California Code of Regulations.
(3) Task III - If as a result of the analysis the EIR is deemed
inadequate, CONSULTANT shall conduct an Initial Study
and provide the City with a draft completed checklist and
detailed explanation of answers, as well as a Negative
Declaration or Mitigated Negative Declaration. If after
completion of an Initial Study, a Negative Declaration or
Mitigated Negative Declaration is deemed inadequate for
purposes of environmental review, preparation of any other
document such as a supplemental EIR will be considered
outside the scope of this Agreement, and will require an
Amendment to this Agreement.
Consultant shall work with the City to coordinate MSCP Subarea Plan
implementation tasks. Work shall include:
Coordinate preparation by City of the Habitat Loss and Incidental Take
Ordinance;
With participation by City staff, conduct negotiations with Wildlife
Agencies to finalize the Habitat Loss and Incidental Take
Ordinance;
Review MSCP-related documents such as the General Plan, SPA
Ordinance, Grading Ordinance, and Otay Ranch Resource
Management Plan to determine if amendments will be necessary to
H:\SharedlAttorney\MNA Contract Amcndment! .doc 2 of5
ry- 31
achieve consistency between MSCP Subarea Plan and said
documents;
Assist City in preparing draft amendment language for MSCP-related
documents;
Attend update meetings with outside agencies and groups such as the
County of San Diego (quarterly), the City of San Diego (bi-
annually), the Wildlife Agencies (bi-monthly), landowners and
developers (bi-monthly), and environmental representatives
(quarterly); and
Attend all necessary meetings and hearings, as determined by staff. of the
Resource Conservation Commission, Planning Commission, and
City Council for approval of the Habitat Loss and Incidental Take
Ordinance and other MSCP-related documents.
2. Exhibit A, Section 8.C of the original Agreement, entitled Dates or Time Limits
for Delivery of Deliverables, is hereby amended to add the following paragraphs:
Deliverable No. I: City MSCP Subarea Plan approved by City Council by
February 22, 2000
Deliverable No.2: Habitat Loss and Incidental Loss Ordinance by June 30,
2000
Deliverable No.3: Completed Amendments to MSCP-related Plans and
Ordinances by June 30, 2000
Deliverable No.4: Task I of the Environmental Review by November 30,
1999
Deliverable No.5: Task II (Findings of Fact) of the Environmental Review by
January 3, 1999
Deliverable No.6: Task III (Initial Study and Negative Declaration or
Mitigated Negative Declaration) of the Environmental
Review by January 3,1999
H:\SharedlAttorne)'\MNA Contract Amendment J .doe 3 of5
ry. 3~
3. Exhibit A, Section I I.C(I) of the original Agreement, entitled Compensation,
Hourly Rate Arrangement, Not-to-Exceed Limitation on Time and Materials
Arrangement, is hereby amended to read as follows:
Rate Schedule
Category of Employee
of Consultant Name Hourlv Rate
Senior Partner McKinley/Nielsen $ 140.00
Research Associate Alcantara $ 85.00
Administrative Assistant Floridi/Lane $ 65.00
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 services pursuant to this expanded Scope of Work required of
Consultant for $77,760, including all materials, and other "reimbursables"
("maximum compensation").
4. Except as expressly provided herein all other provisions of the original
Agreement shall remain in full force and effect.
H;ISharcdlAttorncylMNA Contract Amcndmcntl.doc ry. ::.,3 4 of5
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
By ~f!t:t¡ ~IL¡
Shirley Hort , Mayor
Date /I- ;4-- qq
)
/
Date 1/ b,c¡lq~
ATTEST:
~ljá.L~~~
Susan Bigelow, City Cle
Approved in form by:
H:\SharedlAuorncy\MNA Contract Amcndmcntl.doc ry - r3~ 5 of 5
SECOND AMENDMENT TO
the Agreement between the City of Chula Vista and
MNA Consulting, a California Corporation
Recitals
This Second Amendment is entered into effective as of June, 2000 by
and between the City of Chula Vista ("City") and MNA Consulting, a California
Corporation ("Consultant"), with reference to the following facts:
WHEREAS, City and Consultant previously entered into an agreement whereby
Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying
environmental documents; and
WHEREAS, City and Consultant entered a First Amendment on December 6,
1999 for additional work; and
WHEREAS, Consultant prepared an administrative draft MSCP Subarea Plan;
and
WHEREAS, City determined additional work beyond the original Scope of Work
would be necessary to complete the document; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope
of Work required of Consultant to complete the MSCP Subarea Plan and accompanying
environmental documents and to coordinate follow-up implementing tasks.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of
the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following
paragraphs:
Consultant shall continue to work with the City to achieve adoption of the MSCP
Subarea Plan. Work shall include the following:
Complete responses to comments and preparation for City retreat with Resource
Agencies.
With City as the lead, participate in the retreat and in research and follow-up
associated therewith.
H:,shared\Attomey\MNA Concract Amendment2.doc '7- 35 10f5
Coordinate the public review process and assist in the preparation of staff repons
for Planning Commission and City Council public hearings.
Provide assistance to the City Attorney in preparation of the Implementing
Agreement, and assist in negotiations with Wildlife Agencies.
Participate in all public hearings associated with Chula Vista's Subarea Plan.
Serve as advisor to the Planning and Building Department and assist the City
Attorney in preparation of Habitat Loss and Incidental Take Permit Ordinance
(HUT). Assist in preparation for and coordination of public hearings on the
HUT.
Serve as advisor to the Planning and Bnilding Director on completion of
biological studies associated with Chula Vista MSCP Subarea Plan, including the
Otay River Valley Study.
Serve as advisor to the Planning and Building Director and coordinate continued
outreach with other agencies, including the County of San Diego, City of San
Diego and the Wildlife Agencies.
Serve as advisor to the City Manager, City Attorney and Planning and Building
Director on questions and issues related to implementation of Chula Vista's
MSCP Subarea Plan.
Serve as advisor to the City and environmental consultant on the preparation of
environmentaI documents.
Consultant shaIl work with Consultant's biologicaI subcontractor to compIete the
following:
Create new tables and text to respond to agency and environmental organization
comments on the MSCP Subarea Plan related to individuaI species.
Prepare narrative for each of the species for which the City would receive take
authorization that would not be subject to severability, and other sensitive and
narrow endemic species known or expected to exist within the study area. This
win include additionaI database and literature research, to focus on the natural
history and life history traits of the species, its specific habitat requirements,
habitat associations and potential habitat based on its affinities to various habitat
characteristics.
Provide additionaI discussion and detail on habitat and species conservation and
take estimates, in response to specific comments received on the Subarea Plan,
which can be incorporated into the Subarea Plan.
H:\SharedlAttorney\MNA Contract Amendment2.doc r-¡ - 3~ 2 oî5
Prepare a narrative on an adaptive management approach that can be incorporated
into the Subarea Plan. The discussion will establish a foundation for a program
approach to management that can reasonably demonstrate the maintenance of a
self-sustaining reserve system.
As requested by City Staff, participate in meetings with Resource Agencies to
resolve remaining issues and respond to comments.
Assist in preparation of staff report, and assist in completion of environmental
documents.
Participate in public hearings for consideration of the Subarea Plan.
Serve as biology advisor on implementation vehicles, including HUT and Otay
River Valley Study.
Provide general biological analysis and opinion during initial implementation.
2. Exhibit A, Section 8.C of the original Agreement, entitled Dates or Time Limits
for Delivery ofDeIiverables, is hereby amended to add the following paragraphs:
Deliverable No. I: City MSCP Subarea Plan approved by City Council by
October, 2000
Deliverable No.2: Completed Environmental documentation for the City
MSCP Subarea Plan by October, 2000
3. Exhibit A, Section 11.C(I) of the original Agreement, entitled Compensation,
Hourly Rate Arrangement, Not-to-Exceed Limitation on Time and Materials
Arrangement.
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Not withstanding the expenditure by MNA Consulting and Subcontractor of time
and materials in excess of said Maximum Compensation amount, MNA
Consulting agrees that MNA Consulting will perform all of the GeneraI and
Detailed Services contained within this Second Amendment required of
Consultant for no more than $142,200 including all Materials, and other
"reimburseables" ("Maximum Compensation").
H:\SharedlAttorneyIMNA Cootrac! Amendment2.doc r¡~37 3 of5
Rate Schedule for MNA Consulting
Category of Employee
of Consultant Name Hourlv Rate
Senior Partner McKinley/Nielsen $ I40.00
Research Associate Alcantara $ 85.00
Administrative Assistant Floridi/Lane $ 65.00
The Hourlv Rate Schedule for Dudek & Associates. Inc.. approved subcontractor. is
provided in Attachment I and is incorporated herein.
H;\Shared\AttorneyIMNA Contract Amendment2.doc 'l-3?5 4 of5
SIGNATURE PAGE TO FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
By By ~'¡'~rJ
Shirley Horton, Mayor
Date
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
John M. Kaheny, City Attorney
H:\SharedlAttomeyIMNA Contract Amendment2.doc ry-39 5 of5
..
Attachment 1
ENGINEERING SERVICES DISTRICT MANAGEMENT & OPERATIONS
PIincipaI engineer .-.......................................-. $125.00/llr Dis1JIct General Manager .................................... $ 125.00/hr
Senior engineer .-.............................................. $110.oo/llr District Engineer ..........-....................... $90.00 - $ 110.00Ihr
AssociabI ~ .....-..................................... $95.00/llr
Project EngIneer II.............................................. $85.0O/hr District Manager 1/ ...............................-............. $ 95.0O/hr
Project EnØneer J ............................................... $75.0O/hr District Manager J ............................................... $ 85.00/hr
- =~:::::::::::::::::::::::::::::::::::::::::::: :~:g~~ Disbict Secrøtæy/Accountant............................. $ 6D.DO/hr
Grade IV OpendDr ....:.......................................... $ 7D.DO/hr
EngIneeri1g lnspeelDr 1/ .........................,........... $65.0O/hr Grade 01 OperaIDr ............................................... $ 55.DO/hr
Engineering Inspector J ...................................... $55.DO/hr Grade II Operamr ................................................ $ 45.oo/llr
Engineering Assistant ........................................ $45.DO/hr Grade I Ope¡¡dor ................................................. $ 42.DD/IIr
LAND DEVELOPMENT OperaIDr in'Training ........................................... $ 3D.DD/IIr
. PLANNING Laborer .............................................................. $ 24.DO/hr
Planning Project Manager .................................. $ 1oo.0D/IIr INFORMATION SYSTEMS
Senior Planner ................................................... $ 8D.DO/hr
Project Planner ................................................... $ 7D.DO/hr Jnfonnation Systems Manager............................ $ 15D.DD/IIr
Research Planner ............................................... $ 60.OÐJhr SysĊms Technidan 11......................................... $ 95.DD/IIr
Assistant Planner ............................................... $ 55.DO/hr
Planning Technician........................................... $ 5D.DO/hr PRINCIPAL..........................................$ 125.00 - $150.DO/hr
Planning DraftBr -............................................... $ 45.DD/hr
. SURVEYING
I'rofessiona Land Surveyor............................... $ 11 D.DD/hr OFFICE SERVICES
Reid Supervisor ................................................ $ 90.DO/hr . TECHNICAL / DRAFTING/CADD SERVICES
Survey Analyst................................................... $ 80.0O/hr
1-Person Survey Crew....................................... $ 75.DO/hr
2-Person Survey Crew .-................................... $ 135.DO/llr 3D Graphic Artist................................................ $1 D5.DD/IIr
3-Person Survey Crew ....................................... $ 175.DO/llr Senior Designer ................................................. $8D.DD/IIr
HYDROGEOLOGICAL SERVICES GIS Technician ................................................... $ 75.DD/IIr
Principal........_................................................... $ 150.DD/IIr CAOD /Designer III ............................................. $ 75.DD/hr
Senior Hydrogeologist Project Manager ............. $ 12D.DO/hr CAOD /Designer II.............................................. $ 7D.DD/IIr
AssociabI Hydmgeologist .................................. $ 95.00/hr CAOD Drafter I ................................................... $ 65.DD/IIr
Hydrogeologist IV .............................................. $ 85.DD/IIr CAOD Operator II................................................ $ 6D.DD/hr
Hydrogeologist III............................................... $ 7D.DO/hr CAOD OperaIDr I................................................. $- 55.DD/IIr
Hydrogeoiogist II................................................ $ 65.DO/hr Assistant Designer Drafter .................................. $ 5D.DD/hr
Hydrogeologist I ................................................ $ 55.DD/hr SUPPORT SERVICES
Environmental Engineer II .................................. $ 9D.OO/llr Computer Processing ......................................... $ 55.DD/IIr
Technician ......................................................... $ 40. OO/hr
ENVIRONMENTAL SERVICES Clerical Administration ....................................... $ 45.OO/hr
Senior Project Manager/Specialist...................... $ 12O.OO/hr
Environmental Specialist'Planner VI................... $ 1.1 O.OO/hr
Environmental Specialist /Planner V................... $ 1 OO.DO/IIr
Environmen1al Specialist /Planner IV """"""""" $ 85.OO/IIr FORENSIC ENGINEERING
Environmental Specialist /Planner III """"""""" $ 75.OO/hr
Environmentll Specialist /Planner II ................... $ 65.OO/hr Court appearances and depositions as expert witness will be billed
Environmental Specialist /Planner I """""""""" $ 55.OO/hr at 1.5 times normal rates.
Analyst............................................................... $ 5O.OO/IIr EMER6ENCY AND HOUDAYS
Research Assistant............................................. $ 35.OO/hr Mii1un døge åtwo Ixus v.t be bied at 1.5 times 1he rmnaI raIe.
CONSTRUCTION MANAGEMENT SERVICES MAlBIIAL AND OUTSIDE SERVICES
Construction Manager ....................................... $ 11 O.OO/hr SubconIractors, rental of special equipment, special ~
Project Manager ................................................. $ 9O.OO/IIr and blueprinting, 0UIside data processing and computer services,
Construction Engineer ....................................... $ 8O.OO/hr etc., are charged at 1.15 times lI1e direct cost.
Construction Inspector III ................................... $ 7O.OO/IIr lRAVREXPENSES
Construction Inspector II.................................... $ 6O.OO/llr Mileage at 32.5 cents per mile. Per diem where overnight stay is
Construction Inspector I..................................... $ 5O.OO/hr involved is charged at cost.
'í]-Lft 181201
THIRD AMENDMENT TO
the Agreement between the City of Chula Vista and
MNA Consulting, a California Corporation
Recitals
This Third Amendment is entered into effective as of November ~, 2000 by and between
the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant"),
with reference to the following facts:
WHEREAS, City and Consultant previously entered into an agreement on April 13, 1999
whereby Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying
environmental documents; and
WHEREAS, City and Consultant entered a First Amendment on December 6, 1999 for
expanded work; and
WHEREAS, City and Consultant entered a Second Amendment on June 20, 2000 for
expanded work; and
WHEREAS, the City Council adopted the September 11, 2000 Draft Chula Vista MSCP
Subarea Plan on October 17,2000; and
WHEREAS, City needs further assistance from Consultant in seeking take permits from
the Wildlife Agencies, including but not limited to, negotiating an Implementing Agreement with
the Wildlife Agencies, creating MSCP Implementation Guidelines, completing an environmental
review of three MSCP implementing ordinances, and serving as an advisor on MSCP in the local
Coastal Planning Area; and
WHEREAS, City desires to obtain take authorization for the Quino checkerspot butterfly,
a species not covered by the MSCP; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of
Work required of Consultant to a) assist City in seeking take permits from the Wildlife Agencies,
and b) complete a low-effect Habitat Conservation Plan for Quino checkerspot butterfly
coverage and accompanying environmental documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
10f6
'/'11 «. d-ð{){) - Vf oJ- ?
. (2) Task II - If the EIR is adequate for the purposes of taking discretionary action on
the Subarea Plan, Consultant shall prepare Draft Findings of Fact, in accordance with
Section 15091 of the California Code of Regulations.
. (3) Task III - If as a result of the analysis the EIR is deemed inadequate, Consultant
shall conduct an Initial Study and provide the City with a draft completed checklist
and detailed explanation of answers, as well as a Negative Declaration or Mitigated
Negative Declaration. If after completion of an Initial Study, a Negative Declaration
or Mitigated Negative Declaration is deemed inadequate for purposes of
environmental review, preparation of any other document such as a supplemental EIR
will be considered outside the scope of this Agreement, and will require an
Amendment to this Agreement.
. Coordinate preparation by City of the Habitat Loss and Incidental Take Ordinance;
. Review MSCP-related documents such as the General Plan, SPA Ordinance, Grading
Ordinance, and Otay Ranch Resource Management Plan to determine if amendments
will be necessary to achieve consistency between MSCP Subarea Plan and said
documents;
. Attend all necessary meetings and hearings, as determined by staff, of the Resource
Conservation Commission, Planning Commission, and City Council for approval of
the Habitat Loss and Incidental Take Ordinance and other MSCP-related documents.
2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
Deliverable No.1: City MSCP Subarea Plan approved by City Council by February
22,2000
Deliverable No.2: Habitat Loss and Incidental Loss Ordinance by June 30, 2000
Deliverable No.3: Completed Amendments to MSCP-related Plans and Ordinances
by June 30, 2000
Deliverable No.4: Task I of the Environmental Review by November 30,1999
Deliverable No.5: Task II (Findings of Fact) of the Environmental Review by January
3,1999
Deliverable No 6: Task III (Initial Study and Negative Declaration of Mitigated
Negative Declaration) of the Environmental Review by January 3,
1999
3. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, is hereby amended to add the following paragraphs:
20[6
r¡.4;).
a. Phase II MSCP
Phase II MSCP is defined as the period from the adoption of the MSCP Subarea Plan
by the City of Chula Vista City Council to the issuance of take permits by the U.S.
Fish and Wildlife Service and the California Department ofFish and Game.
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Serve as an advisor to City on completion of three implementing ordinances;
(2) Assist City in completing MSCP Implementation Guidelines;
(3) Prepare an Initial Study of the three implementing ordinances and MSCP
Implementation Guidelines, including detailed responses to all checklist
questions and technical support documentation as necessary;
(4) Assist City in preparation for and coordination of public hearings for the three
implementing ordinances and MSCP Implementation Guidelines;
(5) Attend one Resource Conservation Commission meeting, one Planning
Commission hearing, and one City Council hearing on the implementing
ordinances and one City Council hearing on the Implementing Agreement;
(6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area;
(7) Provide assistance to the City Attorney in the negotiation of an Implernenting
Agreement between the City and the Wildlife Agencies; and
(8) Continue to serve as advisor to the Planning and Building Director and
coordinate continued outreach with other agencies, including the County of San
Diego, City of San Diego and the Wildlife Agencies.
b. Low-Effect Habitat Conservation Plan !HCP) for the Ouino Checkerspot Butterflv
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Coordinate with the Wildlife Agencies to reach agreement on the approach to the
HCP;
(2) Quantify amount of take as a result of project activities:
(3) Develop and evaluate mitigation strategies;
(4) Prepare a Screencheck low-effect HCP for quino checkerspot butterfly, including
all required sections and analyses per federal and state guidelines;
(5) Evaluate potential alternatives to the proposed project alternatives;
3 of6
'1-~3
(6) Prepare a draft Biological Assessment if determined to be necessary by the U.S.
Fish and Wildlife Service;
(7) Prepare an Environmental Assessment/Initial Study (EA/IS), including detailed
responses to all checklist questions, technical support documentation as
necessary, and analysis supporting the use of an EA/IS;
(8) Coordinate with the Wildlife Agencies and the City to assemble all public
comments, identify and resolve issues, prepare a final low-effect HCP for quino
checkerspot butterfly;
(9) Prepare written responses to public comments at the end of the public comment
period; and
(10) Participate in 60 hours of meetings at $140 per hour and participate in 90 hours
of meetings at $100 per hour.
4. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, is hereby amended to add the following paragraphs:
Deliverable No.3: One Initial Study covering three MSCP Implementing Ordinances
Deliverable No.4: Screencheck Low-effect Habitat Conservation Plan for Quino
checkerspot butterfly
Deliverable No.5: Draft Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
Deliverable No.6: If necessary as determined by the Wildlife Agencies, Biological
Assessment for Draft Low-effect Habitat Conservation Plan for
Quino checkerspot butterfly
Deliverable No.7: Environmental Assessment/Initial Study for Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Deliverable No.8: Written Responses to Public Comments on the Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Deliverable No.9: Final Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
5. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
a. Phase II MSCP: March 31,2001
b. Low-Effect HCP for Quino checkerspot butterfly: upon issuance of the incidental
take permit for Quino checkerspot butterfly
4 of6
q.l.f~
6. Exhibit A, Section llC(l) of the original Agreement, entitled Compensation, Hourly
Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Arrangement.
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Not withstanding the expenditure by MNA Consulting and Subcontractor of time and
materials in excess of said Maximum Compensation amount, MNA Consulting agrees
that MNA Consulting will perform all of the General and Detailed Services contained
within this Third Amendment required of Consultant for no more than $226,025
including all Materials, and other "reimburseables" ("Maximum Compensation"), as
follows:
Phase II MSCP $ 84,050
Low-effect HCP for Ouino Checkerspot Butterflv $141,975
TOTAL $226,025
Hourly Rate Schedule for MNA Consulting
Senior Partner Laurie McKinley $140.00
David Nielsen
Research Associate Cyndi Alcantara $ 85.00
Administrative Assistant Donna Lane $ 65.00
The Hourlv Rate Schedule for Dudek & Associates. Inc.. approved subcontractor. is
provided in Attachment I and is incorporated herein.
7. Except as herein provided, all provisions of the original agreement and first and second
amendments to the agreement shall remain in full force and effect.
(H:\Shared\Planning\Christina\MNA Amendment3.doc)
r-¡~45 5 of6
SIGNATURE PAGE TO THIRD AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City ofChula Vista MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
BY~~
ShIrley Ho on, Mayor
Date
6./{!¡ ¿ -
David C. Nielsew,President
Date / f / q /tJ6
.
ATTEST:
Approved in form by:
r-¡-Lf(O 6 of6
A TíÆc HM éAJT 2-
FOURTH AMENDMENT TO
the Agreement between
City of Chula Vista
and
MNA Consulting, a California Corporation
for Consulting Services Related to the Chula Vista
Multiple Species Conservation Program (MSCP) Subarea Plan
This Fourth Amendment is entered into effective as of February _,2002 by and between
the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant") ,
with reference to the following facts
Recitals
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 fora $127,000
Agreement with MNA Consulting for land use consulting services related to the City's preparation
of the Multiple Species Conservation Program (MSCP) Subarea Plan ("Original Agreement"); and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-215 for a
$142,200 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
Whereas, on October 17, 2000 the City Council of the City of Chula Vista adopted a Draft
MSCP Subarea Plan, dated October 9, 2000; and,
WHEREAS, on Novembcr 14, 2000 the City Council approved Resolution 2000-423 for a
$226,025 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, City staff prepared three draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department of Fish and Game ("Wildlife
Agencies") to draft the Implementing Agreement from November 2000 through June 2001; and,
WHEREAS, as part of continuing work necessary complete a revised Administrative Draft
MSCP Subarea Plan for submittal to the Wildlife Agencies, the Consultant shall coordinate with
City GIS staff, provide assistance to the City Attorney on completion of the Implementing
Agreement, serve as an advisor to City on completion of three MSCP implementing ordinances,
revise the changed circumstances, wetlands, and funding sections of the Subarea Plan, provide the
City with a camera-ready administrative draft MSCP Subarea Plan suitable for reproduction and
submittal to the Wildlife Agencies, attend meetings, prepare letters, memoranda, and other
supplementary documents, and negotiate with the Wildlife Agencies; and,
Standard Form Two Party Agreement (13th Revision)
1I:\PLANNIN(;\MmyLIMNA Contmct 021202.do, Page 1
___n______- ._-----
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
NOW, THEREFORE, in consider of the recital and the mutual obligation of the parties set
forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 8A of the Original Agreement, as amended, entitled Scope of Work and
Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs:
Consultant shall prepare a revised Administrative Draft MSCP Subarea Plan and
participate in negotiations with the Wildlife Agencies to resolve final MSCP issues.
Consultant shall coordinate the completion ofan Implementing Agreement for the MSCP
Subarea Plan and shall serve as an advisor to the City in the completion of three MSCP
implementing ordinances. The following detailed Scope of Work shall be performed by
the Consultant to the satisfaction of the Director of Planning and Building:
a. Consultant shall provide City with three project descriptions for environmental
review documents related to the MSCP;
b. Consultant shall coordinate with City GIS staff to complete all GIS-generated
graphics and acreages for the draft MSCP Subarea Plan;
c. Consultant shall rcvisc the changed circumstances, wetlands, and funding sections of
the Subarea Plan:
d. Once the City has reviewed, revised or commented upon, and approved the revisions
to the changed circumstances, wetlands, and funding sections of the Subarea Plan,
Consultant shall provide the City with a camera-ready administrative draft MSCP
Subarea Plan suitable for reproduction and submittal to the Wildlife Agencies;
e. Consultant shall serve as an advisor to City on completion of three MSCP
implementing ordinances;
f. Consultant shall coordinate and provide assistance to the City Attorney on the
completion of the MSCP Implementing Agreement;
g. Consultant shall attend weekly MSCP update meetings with City staff until
completion of the contract;
h. Consultant shall attend meetings with MSCP Managers and landowners as
determined by City's Contract Administrator to be needed;
i. Consultant shall attend onc half-day meeting with the Wildlife Agencies; and
Standard Form Two Party Agreement (13th Revision)
R\PLANNINGIMaryLlMNA Contract Ill] 2m.doc Page 2
\~I
._~ -----.------------------ -
J. Consultant shall prepare letters, memoranda, and other supplementary documents as
requested by the Director of Planning and Building.
2. Exhibit A, Section 8C of the Original Agreement, and as previously amended, entitled Dates
or Time Limits for Delivery of Deliverables, is hereby amended to add the following
paragraphs:
Deliverable Due Date
No. 10 Three project descriptions for February 19,2002
environmental review documents
related to the MSCP
No.ll Camera-ready Administrative March 1,2002
Draft Subarea Plan
3. Exhibit A, Section 8D ofthe Original Agreement, as amended, entitled Date for Completion
of all Consultant services, is hereby amended to read as follows:
March 29, 2002 or upon completion of tasks whichever occurs earlier.
4. Exhibit A, Section 11 C( 1 ) ofthe Original Agreement, as amended, entitled Compensation,
Hourly Rate Arrangement, Not- To-Exceed Limitation on Time and Materials Arrangement
is hereby amended to add the following:
( 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 agrees that Consultant
will perform all of the Defined Services herein required of Consultant in this Fourth
Amendment for no more than $47,000.00 including all Materials, and other
"reimbursables" ("Maximum Compensation"). Of the $47,000, the amount payable
to the Subconsultant, Dudek and Associates, Inc., shall not exceed $19,053.
RATE SCHEDULE
------.-------
Category of Employee of Consultant Name Hourly Rate
Senior Partner Laurie Madigan $ 145.00
Research Assistant 11 Stephanie Morrison $ 85.00
Research Assistant II Cyndi Alcantara $ 85.00
Research Assistant I ----- ------- Nathan Hibbs $ 65.00
Research Assistant I Donna Hale $ 65.00
Standard Form Two Party Agreement (13th Revision)
H:IPLANNINGIMaryLIMNA Conl,"cl 021202 doc Page 3
The Hourly Rate Schedule for Dudek and Associates, Inc., approved subconsultant,
is incorporated herein.
5. All other terms and conditions of the Original Agreement and Amendments thereto not
modified by this Fourth Amendment shall remain in full force and effect.
Standard Form Two Party Agreement (13th Revision)
ILlPLANNINGIMaryLIMNA Contract Ol1202.doc Page 4
HNA CONSULTING F'AGE 02/02
tle/ U',¡ "'fJfle' lH:l~ b1 ~n~"H IB lj!,Iuuu-
02/05/2002 TU1i 16: 02 AX
SIGNATURE PAGE TO FOüRTH AMENDMENT '0
THE AGREEMENT BETWEEN CITY OF CHULA STA
AND MNA CONSULTING, A CALIFORNIA CORfOR "{ION.
City ofChula V'SI" MNA ConsnJtiog
Dba of McKinky Niel en Associates, Inc,
By:_~. BY'
$I):.[ley lIort 0, Mayor
Date: ---~ ~--~
By:
Dote _2:¡~~ ~--~-
ATTEST:
~ -~-~ ìlyCler[--~
Susan EìgeJow,
Approved as 10 fo In by:
JotffijÇfK;t]c~;Ċ¸~'ity Atton;;-Y---
Stand",,] Foem "]"\'<> P,>rty ^ «monl (!}ili Reví,;Qn)
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47T/ìCI-fA1E/UT 3
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
DUDEK and Associates, Inc.
For Environmental Services for the Revised DRAFT
Multiple Species Conservation Program (MSCP) Subarea Plan
This agreement ("Agreement"). dated February , 2002 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Recitals
WHEREAS, the City Council adopted the September 11, 2000 Draft Chula Vista
MSCP Subarea Plan on October 17, 2000; and
WHEREAS, City staff prepared draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department of Fish and Game
("Wildlife Agencies") to finalize the Implementing Agreement; and
WHEREAS, City staff prepared an Addendum to the MSCP Final EIRIEIR (SCH No.
93121073), which was certified with the Draft MSCP Subarea Plan on October 17, 2000;
and
WHEREAS, based on the additional information about the Quino Checkerspot
Butterfly, the City believed it was prudent to add coverage for the Quino Checkerspot
Butterfly into the draft MSCP Subarea Plan prior to the Subarea Plan and associated
implementing documents being published in the Federal Register; and,
WHEREAS, the revised administrative Draft MSCP Subarea Plan will include
information that was not previously analyzed in the Addendum to the MSCP Final EIR/EIS
prepared for the Draft MSCP Subarea Plan, dated September 2000, and therefore further
environmental documentation is necessary; and
WHEREAS, the City does not have the "in-house" staff necessary to prepare the
environmental document within the timeframe necessary to obtain its Incidental Take
Permit this year. The expedited preparation of the environmental document for the revised
Draft MSCP Subarea Plan necessitates the hiring of an environmental Consultant; and
Standard Form Two-Party Agreement (131h Revision)
Page 1
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WHEREAS, it is in the City's best interest to waive the City's formal bid process for
the selection of consulting services as impractical in that the City is in immediate need of an
experienced Consultant in order to obtain Take Authorization in an expeditious manner;
and,
WHEREAS, the Consultant has demonstrated competence and qualifications for the
services required, including but not limited to, a unique understanding and expertise due to
Consultant's prior consulting work on issues related to MSCP, specifically the preparation
of the region-wide MSCP EIR/EIS, as well as the Addendum to the EIR/EIS prepared for
the City of Chula Vista's Draft MSCP Subarea Plan (September 2000); and,
WHEREAS, Consultant's prior work for the City on the MSCP Subarea Plan
environmental documentation has been deemed to be satisfactory by City staff, additional
work by the Consultant would provide continuity in the project's progression, and the City's
interest would be materially better served if the City retained this consultant; and
WHEREAS, cost estimates by Dudek and Associates, Inc. have been reviewed by
staff and are determined to be reasonable; 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 the MSCP, and
in particular in the City of Chula Vista MSCP Subarea Plan, and that they can work
efficiently and effectively with City staff.
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".
Standard Form Two-Party Agreement (13th Revision)
Page 2
-'-- -----._--- - -- --- -'-
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, ifthey are within the scope of services
offered by Consultant, Consultant shall perform same on a time and materials basis at the
rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it
in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating of
"A, Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, 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").
Standard Form Two-Party Agreement (13th Revision)
Page 3
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating
same, which shall be reviewed and approved by the Risk Manager.
H. 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
Standard Form Two-Party Agreement (13th Revision)
Page 4
---- ---- -----
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 forthe 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.
Standard Form Two-Party Agreement (13'h Revision)
Page 5
----.-- ------_. - --------
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.
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
Standard Form Two-Party Agreement (13'h Revision)
Page 6
--- ----- - - ------- .-.-
influence a governmental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the compensation promised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
Consultant's economic interests, as the term is used in the regulations promulgated by the
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will 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.
Standard Form Two-Party Agreement (13th Revision)
Page 7
__H____- -------
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of
the Consultant, or any agent or employee, 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 ifthere 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.
Standard Form Two-Party Agreement (131h Revision)
Page 8
~.__.._---------- ---.--
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. 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
Standard Form Two-Party Agreement (13th Revision)
Page 9
!o
-----
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
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
Standard Form Two-Party Agreement (13th Revision)
Page 10
----_.~-------------- ----
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.]
Standard Form Two-Party Agreement (13th Revision)
Page 11
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NO, 4448 P I @oR
,~
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Signature Page
to
Agreement between City of Chula Vista and DUDEK and ,4,ssocìates, Inc-
for Environmental Services Related to the Chura Vista
MUltiple Species Conservation Program (MSCP) Subarea Plan
IN WITNESS WHEREOF. City and Consultant have executed this Agreement
thereby indicating Ihallhey have read and understood same, and indicate their full and
complete consent to its terms:
Dated: February -, 2002 City of Chura Vista
By:
Shirley Horton. Mayor
Attest
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: DUDEK and A5sDci<ltes, Inc.
A California Corporation
, President Z~,-"Z-
..!J:k'" !.~7t~o/
Exhibit list to Agreement:
(X) Exhibit A.
Siandard Form TWo-Parry Agreement {I 3'" Revfslon)
Page 12
to'!
iLJ
- ----
..,
Exhibit A
to
Agreement between
City of Chula Vista
and
DUDEK and Associates, Inc.
1. Effective Date of Agreement: February -' 2002
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:
DUDEK and Associates, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6 Place of Business, Telephone and Fax Number of Consultant:
Standard Form Two-Party Agreement (13th Revision)
Page 13
tc,i
------~------"-'-- - .-,. ---
DUDEK and Associates, Inc.
605 Third Street
Encinitas, CA 92024
Voice Phone: (760) 942-5147
Fax Phone: (760) 632-8710
7. General Duties: Provide Environmental Services for the preparation of the phase one
environmental document, in the form of a first screencheck EIR/EA, for the revised Draft
MSCP Subarea Plan, all to the satisfaction of the City's Environmental Review Coordinator.
8. Scope of Work and Schedule:
A. Scope of Work for the phase one environmental document ("first screencheck
EIR/EA") for the revised Draft MSCP Subarea Plan:
DUDEK will work closely with the City of Chula Vista staff and shall ensure that the first
screencheck EIR/EA for the revised Draft MSCP Subarea Plan meets the City's needs.
The first screencheck EIR/EA 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 National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Section
432 et seq.), the Environmental 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. The EIR/EA will, as appropriate, focus the analysis on the
additional changes that have been made to the revised Draft MSCP Subarea Plan, as well
as changes in environmental conditions, since certification on October 17, 2000 of the
Addendum to the Final EIR/EIS. 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. All
Detailed Services described herein shall be performed by DUDEK to the satisfaction ofthe
Environmental Review Coordinator.
The first screencheck EIR/EA shall provide an evaluation of feasible mitigation measures
which could be carried out to reduce or eliminate adverse impacts of the proposed project.
The document shall also analyze feasible alternatives to the project as proposed- The first
screencheck EIR/EA 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.
The first screen check EIR/EA shall be prepared in such a manner that it will be meaningful
and useful to decision makers and to the public. Technical data shall 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
Standard Form Two-Party Agreement (13th Revision)
Page 14
Professionals. All documents shall be prepared in Microsoft Word 2000.
Phase One Environmental Document Tasks
Task 1: Notice of Preparation
DUDEK will prepare a draft Notice of Preparation (NOP) (Deliverable No.1). City staff will
review the draft NOP and, if necessary provide comments to DUDEK. DUDEK shall
incorporate the City's comments and provide the City with a final Nap (Deliverable No.2).
DUDEK shall, in consultation with the City of Chula Vista, distribute the document to the
State Clearinghouse, each Responsible Agency, each Trustee Agency, and public
agencies, organizations and individuals that may be affected by the project. The final Nap
(Deliverable No.2) will be made available for public review at local libraries and other
appropriate locations. Comments received during the 30-day public review period will be
used to finalize the scope of the EIR/EA.
Task 2: - First Screencheck EIRIEA
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 the first screencheck
EIR/EA.
a. Land Use
The first screencheck EIR/EA will address existing and planned land uses, and assess the
impact of the proposed Subarea Plan on these land uses. This analysis will focus on the
Preserve design, as well as the policies and requirements of the Subarea Plan and the
effect that they will have in maintaining existing land uses and implementing proposed land
uses. The City of Chula Vista has adopted General Plan policies designed to protect
selected environmental resources such as the Chula Vista greenbelt open space system.
In addition, the Otay Ranch Resource Management Plan includes policies regarding
conservation and management of natural resources within the Otay Ranch. Other
applicable land use policies and ordinances not contained in the General Plan indude
hillside regulations for steep slopes (25%), a floodplain review ordinance, and quality of life
threshold standards. The EIR/EA will evaluate all ofthese planning efforts in the context of
the Subarea Plan, and identify any conflicts that may arise from implementation of the
Subarea Plan.
The first screencheck EIR/EA will also evaluate existing agricultural and extractive
resources within the Subarea Plan, and analyze how the plan will affect existing and future
operations for these uses. The City of Chula Vista contains lands that have been
designated as Locally Important Farmland, as defined by the California Department of
Conservation (CDC). The first screencheck EIRIEA will contain a discussion and graphic
representation of these areas, as well as areas historically used for livestock grazing.
Standard Form Two-Party Agreement (13th Revision)
Page 15
------------ --_. ---
Some of these uses currently exist, however, land use approvals for the areas currently
used for these activities have been granted that would allow for development of urban land
uses. Any agricultural operations that would be adversely affected by the Subarea Plan will
be identified in the first screencheck EIR/EA.
Within the City of Chula Vista, there are also lands classified by the State Mining and
Geology Board as having significant mineral deposits, or having a high likelihood for the
presence of such resources. There are currently two substantial mining operations within
the City, both are in the Otay River Valley area. Implementation of the Subarea Plan could
adversely affect these uses by restricting activities associated with mineral extraction. The
first screen check EIR/EA will fully evaluate the potential impacts to the uses.
b. Biological Resources
The first screencheck EIR/EA will discuss existing vegetation communities, sensitive
habitats, and sensitive species. This discussion will be based on existing biological data
available from the MSCP regional mapping efforts, other EIR biological studies (including
the Quino Checkerspot Butterfly HCP analysis prepared for the revised Draft MSCP
Subarea Plan) and regional databases such as the California Natural Diversity Data Base.
The analysis in the first screencheck EIR/EA will consider the additional conservation
provided in the revised Draft MSCP Subarea Plan, as well as consider the additional listing
of species and critical habitat designations, that have occurred since certification of the
Addendum to the EIR/EIS. The conservation analysis conducted for both the regional
MSCP plan and the City of Chula Vista Subarea Plan will be used to evaluate impacts to
species and habitats.
The primary purpose of the Subarea Plan is to plan for the protection for identified sensitive
biological resources while at the same time allowing development ("take" of species) to
occur in less sensitive areas of the City. The allowance for take will be weighed against the
conservation provided by the plan and the resulting analysis will be documented in the first
screen check EIR/EA. Conservation and management for covered species also has the
potential to adversely affect non-covered species. The first screencheck EIR/EA will
evaluate potential impacts to non-covered species as a result of implementation of the
Subarea Plan.
c. Trnnsporlaäon/Cifcuwäon
The city-wide network of transportation facilities provides the basic transportation network
used for the movement of people and goods in the City of Chula Vista. To accommodate
population and development growth in the city, the General Plan Circulation Element
includes planned roadways and transit facilities. Some of these facilities would potentially
traverse areas planned to become part of the Preserve, and others may result in adverse
edge effects upon the Preserve. The Subarea Plan includes provisions for transportation
facilities to be located within the Preserve, subject to conditions. The first screencheck
Standard Form Two-Party Agreement (131h Revision)
Page 16
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EIR/EA will evaluate the ability of the City to implement the General Plan Circulation
Element, and other planned transportation facilities in conjunction with the proposed
Subarea Plan. In addition, the first screencheck EIR/EA will evaluate the potential impact
of proposed transportation facilities on the Preserve, and evaluate the ability to achieve the
goals and objectives of the Subarea Plan with the proposed facilities.
d. Public Services and Utilities
Public services and utilities provided by the City of Chula Vista and other public and private
utilities that shall be discussed in the first screencheck EIR/EA include the following:
'Nater Distribution
Water distribution facilities are identified for the purpose of the first screencheck EIRIEA as
pipelines, aqueducts, water treatment plants, pump stations, and storage reservoirs. The
first screencheck EIR/EA will evaluate the impacts associated with implementation of the
Subarea Plan upon the existing and planned water distribution facilities in the City.
Wastewater Collection, and Disposal
Wastewater collection and disposal facilities include wastewater pipelines, and pump
stations. An analysis of impacts related to the ability to implement the proposed
wastewater collection and disposal facilities, in consideration of the policies and restrictions
contained in the Subarea Plan will be evaluated in the first screencheck EIR/EA.
Solid Waste Collection, Disposal Sites (Landfills), and Recyclinq
Solid waste collection, landfills, and recycling facilities include landfill sites, transfer
stations, and composting and material recovery facilities. The Otay Landfill is surrounded
by the City of Chula Vista but is not within the City's jurisdiction, nor part of the Subarea
Plan. Any impacts related to provision of solid waste disposal service resulting from
implementation of the Subarea Plan will be addressed in the first screencheck EIR/EA.
Fire Protection
Fire protection services include fire stations, fire trucks and fire fighting apparatus, and
paramedic/emergency services. Within the Subarea Plan, the City of Chula Vista provides
fire protection services. The impact of the Subarea Plan upon the provision of fire
suppression and prevention activities will be evaluated in the first screen check EIR/EA
document.
Police Protection
Police protection services include police stations, patrol cars, and holding facilities. Within
Standard Form Two-Party Agreement (13th Revision)
Page 17
the Subarea Plan, the City of Chula Vista provides police protection services. It is not
anticipated that the Subarea Plan would have adverse effects on the provision of law
enforcement services, however, the first screencheck EIR/EA will fully documentthis issue
and the findings of the analysis.
School Facilities
School facilities include elementary, middle, and high school sites and facilities. School
facilities within the Subarea Plan are provided by the Sweetwater Union High School
District and the Chula Vista Elementary School District. Existing and proposed school
facilities have been planned in conjunction with land use planning. Potential impacts that
could result from implementation of the Subarea Plan on existing or planned school
facilities will be addressed in the first screencheck EIR/EA.
Park Facilities
Park facilities are generally classified as either passive or active parks. Active parks
generally are developed parks associated with school facilities or residential development.
These parks generally have playing fields or play areas and contain limited native species
or features. Passive parks generally are located within open space/preserve areas, such
as the Otay River Valley Regional Park. The first screencheck EIR/EA will evaluate any
potential impacts that may result from implementation of the Subarea Plan on the ability to
continue existing recreational activities or implement proposed activities.
Enerç¡y
Natural gas and electrical facilities are generally owned by private utilities and include
transmission pipelines and associated easements. Natural gas and electric distribution
within the Subarea Plan is provided by the San Diego Gas and Electric Company (SDG&E).
Maintenance of existing facilities and extension of new facilities to serve planned
development may result in impacts to proposed Preserve areas. The first screencheck
EIR/EA will evaluate the ability to maintain and/or construct these facilities with the
implementation of the proposed Subarea Plan.
e. Population and Housing
This section will address existing and proposed population and housing and relate
anticipated growth to the conservation goals set forth in the Subarea Plan. The first
screencheck EIR/EA will include an analysis of the compatibility between conservation
goals and planning that has been done to accommodate new growth expected within the
Subarea Plan. This section of the analysis will include a discussion of any potential growth-
inducing impacts associated with implementation of the Subarea Plan.
Standard Form Two-Party Agreement (13th Revision)
Page 18
-----_. - --- ----, ._-
f. Alternatives
The first screencheck EIR/EA will evaluate a reasonable range of project alternatives,
pursuant to the requirements of the CEQA Guidelines, and in a manner that meets NEPA
requirements (equivalent analysis of alternative proposals). It is anticipated that
alternatives discussed will include the "No Project" alternative, and one or more alternatives
to the Subarea Plan. This section may be reliant upon the alternatives analysis contained
in the Final EIR/EIS for the MSCP.
g. Other Environmental Issues
The first screen check EIR/EA will address all other mandatory topics, as required by CEQA
and NEPA, including cumulative impacts, social issues and other required topics.
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 - Draft NOP (2/19/02)
Deliverable: No.2 - Final NOP (2/26/02)
Deliverable: No. 3 - Ten copies of the Phase One Environmental
Document/First Screencheck EIR/EA (2/28/02)
D. Date for completion of all Consultant services:
February 28, 2002, or upon submittal of the Phase One Environmental
Document - First Screencheck EIR/EA whichever occurs earlier.
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).
Standard Form Two-Party Agreement (13th Revision)
Page 19
10. Materials Required to be Supplied by City to Consultant:
Project Description
Draft Revised Subarea Plan
Revised Draft Implementing Ordinances
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:
(X) Single Fixed Fee Amount: $32,900 payable as follows:
Milestone or Event Amount of Fixed Fee
1. Submittal of Phase One Environmental Document $32,900
First Screencheck EIR/EA '
2. 25% Contingency Fee" $8,225
'For purposes of payment the first screen check EIR/EA shall address and analyze
all issues identified in the detailed scope-of-work (described in Exhibit "A", Section
5) to the satisfaction of the Environmental Review Coordinator. Payment shall be
withheld until the Environmental Review Coordinator determines that a complete
document has been submitted.
**The Environmental Review Coordinator in her discretion independently or upon
request from the Consultant, from time to time, may negotiate additional services to
be performed by the Consultant under this Agreement in order to cover unforeseen
issues that may be identified during the preparation ofthe environmental document
("Additional Services"). The cost of Additional Services in connection with the
environmental document shall not exceed 25% of the total contract amount
($8,225).
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
Standard Form Two-Party Agreement (13th Revision)
Page 20
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.
Forthe 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
Standard Form Two-Party Agreement (13th Revision)
Page 21
Ii
I
--.--.- --------- n_--
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 ofthe 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 oftime and materials
in excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of
Consultant for $ including all Materials, and other
"reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant shall not be
entitled to any 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.
Consultant's Rate Schedule
Cateqorv of Employee Name' Hourly Rate
Senior Project Manager Joseph Monaco $135.00
Environmental SpecialisUPlanner IV Sherri Miller $100.00
Environmental SpecialisUPlanner III Mike Komula $ 90.00
Environmental Specialist/Planner I Myloc Nguyen $ 65.00
Environmental SpecialisUPlanner I Drew Garner $ 65.00
Environmental SpecialisUPlanner I Vipul Joshi $ 65.00
GIS Technician Martie Clemons $ 90.00
Computer Processing Tonette Foster $ 65.00
Standard Form Two-Party Agreement (13th Revision)
Page 22
r¡
._~_. -- ----- ..'._- -'----- ----
* The City may, in its discretion, permit other individuals to substitute for those named
above.
() Hourly rates may increase by 6% for services rendered after July,
2002, if delay in providing services is caused by City.
Consultant's Cost Breakdown
TASK TOTAL COST
1. PREPARE NOP --
2. PREPARE FIRST SCREENCHECK EIRlEA
Land Use $3,800
Biological Resources $6,400
Traffic Circulation $2,700
Public Services and Utilities $4,600
Population and Housing $4,800
Alternatives $5,500
Other Environmental Sections $4,300
Direct Costs $ 800
TOTAL $32,900
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 $_.
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
Standard Form Two-Party Agreement (13th Revision)
Page 23
ï¡
13. Contract Administrators:
City: Marilyn RF. Ponseggi
Environmental Review Coordinator
Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Phone # (619) 585-5707
Consultant: DUDEK and Associates, Inc.
Joseph Monaco
605 Third Street
Encinitas, CA 92024
Phone (760) 942-5147
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.
Standard Form Two-Party Agreement (13th Revision)
Page 24
---- --------------- -----
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have contracted
with the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) 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: To be provided later
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Standard Form Two-Party Agreement (13th Revision)
Page 25
r¡ II
---<>--"'----- - -------
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City determines that
the Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services to the satisfaction of the
City's Environmental Review Coordinator.
( ) Other:
H:\PLANNING\MaryL\DUDEK Contract 021202.doc
Standard Form Two-Party Agreement (131h Revision)
Page 26
._--.- -..-----------.....--
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FOURTH AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA
CONSULTING FOR LAND USE CONSULTING SERVICES RELATED
TO THE REVISED DRAFT CITY OF CHULA VISTA MSCP SUBAREA
PLAN, IMPLEMENTING ORDINANCES, AND IMPLEMENTING
AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a
$127,000 Agreement with MNA Consulting for land use consulting services related to the City's
preparation of the Multiple Species Conservation Program (MSCP) Subarea Plan; and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-2I5 for a
$142,200 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on November 14, 2000 the City Council approved Resolution 2000-423 for a
$226,025 amendment to the Agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, the scope of work has expanded to include, but is not limited to, developing
project descriptions for three MSCP envirorunental documents, coordinating with City GIS staff,
providing assistance to the City Attorney on completion of the Implementing Agreement, serving as
an advisor to City on completion of three MSCP implementing ordinances, revising the changed
circumstances, wetlands, and funding sections of the Subarea Plan, providing the City with a
camera-ready administrative draft MSCP Subarea Plan suitable for reproduction and submittal to
the Wildlife Agencies, attending meetings, preparing letters, memoranda, and other supplementary
documents, and negotiating with the Wildlife Agencies; and
WHEREAS, the parties negotiated a revised Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of
Work required of Consultant to complete the work on the revised administrative Draft MSCP
Subarea Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Fourth Amendment to the Agreement with MNA Consulting for
1
H:\PLANNING\MaryLlMNA Resa 021202.dac '7 ~í9S
Land Use Consulting Services related to the revised draft MSCP Subarea Plan, 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 authorize the Mayor to execute the Fourth Amendment to the Agreement between the
City and MNA Consulting.
Presented by: Approved as to form:
J~~
Robert A. Leiter
Planning and Building Director City Attorney
2
H:IPLANNINGIMaryLIMNA Resa 021202.dac ry ~ '71
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS,
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND DUDEK AND ASSOCIATES, INc., (CONSULTANT)
FOR CONSULTING SERVICES FOR PREPARATION AND
SUBMITTAL OF A FIRST SCREENCHECK ENVIRONMENTAL
IMPACT REPORT/ENVIRONMENTAL ASSESSEMENT FOR THE
REVISED DRAFT MSCP SUBAREA PLAN, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, the City Council adopted the September 11,2000 Draft Chula Vista MSCP
Subarea Plan on October 17, 2000; and
WHEREAS, City staff prepared draft MSCP implementing ordinances and negotiated
with the U.S. Fish and Wildlife Service and California Department ofFish and Game ("Wildlife
Agencies") to finalize the Implementing Agreement; and
WHEREAS, City staff prepared an Addendum to the MSCP Final EIR/EIR (SCH No.
93121073), which was certified with the Draft MSCP Subarea Plan on October 17, 2000; and
WHEREAS, based on the additional information about the Quino Checkerspot Butterfly,
the City believed it was prudent to add coverage for the Quino Checkerspot Butterfly into the
draft MSCP Subarea Plan prior to the Subarea Plan and associated implementing documents
being published in the Federal Register; and,
WHEREAS, the revised administrative Draft MSCP Subarea Plan will include
information that was not previously analyzed in the Addendum to the MSCP Final EIR/EIS
prepared for the Draft MSCP Subarea Plan, dated September 2000, and therefore further
environmental documentation is necessary; and
WHEREAS, the City does not have the "in-house" staff necessary to prepare the
environmental document within the time frame necessary to obtain its Incidental Take Permit this
year. The expedited preparation of the environmental document for the revised Draft MSCP
Subarea Plan necessitates the hiring of an environmental Consultant; and
WHEREAS, it is in the City's best interest to waive the City's formal bid process for the
selection of consulting services as impractical in that the City is in immediate need of an
experienced Consultant in order to obtain Take Authorization in an expeditious manner; and,
'/-80
WHEREAS, the Consultant has demonstrated competence and qualifications for the
services required, including but not limited to, a unique understanding and expertise due to
Consultant's prior consulting work on issues related to MSCP, specifically the preparation of the
region-wide MSCP EIR/EIS, as well as the Addendum to the EIR/EIS prepared for tþe City of
Chula Vista's Draft MSCP Subarea P1an (September 2000); and,
WHEREAS, Consultant's prior work for the City on the MSCP Subtlrea Plan
environmental documentation has been deemed to be satisfactory by City staff, additiþnal work
by the Consultant would provide continuity in the project's progression, and the City's interest
would be materially better served if the City retained this consultant; and .
WHEREAS, cost estimates by Dudek and Associates, Inc. have been reviewJd by staff
and are determined to be reasonable; and :
!
WHEREAS, Consultant warrants and represents that they are experienced and1taffed 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 the MSCP, and in particular' the City
of Chula Vista MSCP Subarea Plan, and that they can work efficiently and effectivel I with City
staff. .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit~ of Chula
Vista does hereby waive the formal bidding process and approve a two-party agreeme t between
the City of Chula Vista and Dudek and Associates, Inc., ("Consultant") for consulti g services
for preparation and submittal of a First Screencheck Environmenta Impact
Report/Environmental Assessment for the revised Draft MSCP Subarea Plan, a cop of which
shall be kept on file in the Office of the City Clerk.. i
!
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement between the City of Chula Vista and qudek and
Associates, Inc. '
I
Presented by: Approved as to fort by:
I
Robert A. Leiter ~:!!; I~
Director of Planning and Building City Attorney i
H:\PLANNING\MaryL\DUDEK Reso 021202.doc
ìJ~~ )
PAGE 1, ITEM NO.: ~
MEETING DATE: 02/12/02
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: a) RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT
WITH EASTLAKE DEVELOPMENT CORPORATION, HITACHI
HOME ELECTRONICS AMERICA, INC AND MCMAHON
DEVELOPMENT GROUP, AND AUTHORIZING MAYOR TO
EXECUTE SAME
b) RESOLUTION APPROVING CITY PAYMENT OVER 10 YEARS OF
$157,170 IN PUBLIC FACILITY DEVELOPMENT IMPACT FEES
(PFDIF) AND WAIVING $45,341 IN VARIOUS PROCESSING AND
PERMIT FEES AND APPROPRIATING $15,717 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR THE
FIRST YEAR PAYMENT OF PFDIF
c) RESOLUTION APPROVING AND APPROPRIATING $91,742 IN
CDBG FUNDS FOR PAYMENT OF SPECIFIC CITY PROCESSING
FEES AND PERMITS
SUBMITTED BY: COMMUNITY D~ELOPMENT DIRECTOR ~c...<;
REVIEWED BY: CITY MANAGER (p;:~t"
4/5THS VOTE: YES 0 NOD
BACKGROUND
In November 1999, Council approved a Business Incentive Agreement with the EastLake
Development Company which resulted in Leviton building its 90,000 sq. ft. Western Regional
R&D facility in Chula Vista bringing 200 highly paid employees, primarily engineers. The
agreement provided for EastLake to assume $725,000 of Leviton's TDIF obligation to enable
Chula Vista to be competitive. The City also awarded Leviton an $80,000 CDBG grant and
assumed $110,630 in processing and PFDIF fees. The agreement with EastLake not only enabled
the attraction of Leviton, but required EastLake to entitle the remaining 80 acres of business park,
bringing much needed light manufacturing/R&D land on line, available for immediate
development by other hi-tech employers. The EastLake Incentive Agreement also provided for
EastLake to assume responsibility for the major portion of TDIF fees for future companies
recruited by the City to the business park. Negotiation of EastLake's timely entitlement of 011 of
Phose II and the use of their TDIF credits for targeted companies paved the way for the
recruitment of DNP - a subsidiary of Dai Nippon Ltd, which just recently announced the location
of its electronics manufacturing plant in EastLake - and now paves the way for the recruitment of
a Chula Vista benchmark project - the North American Headquarters of Hitachi Home
Electronics America.
I
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PAGE 2, ITEM NO.: 75
MEETING DATE: 02/12/02
The currently proposed agreements provide for Eastlake to assume the following Hitachi related
obligations: TDIF (calculated at $936,000), Interim SR125 fee ($123,000), Telegraph Canyon
Drainage fee ($27,474), and payoff of Assessment District AD 90-3 ($14,840). This represents a
total estimated cost to Eastlake of $1,101,314. The City agrees to award Hitachi a $91,742
CDBG grant, to waive $45,341 in processing and permit fees, and to assume the PFDIF
obligation of $157,170 to be paid over 10 years.
The recruitment of these 3 companies generates a total of 450 highly paid electronic engineering
and administrative jobs in Chulo Vista.
RECOMMENDATION
That Council adopt the resolutions: 1) approving a business incentive agreement with Eastlake
Development Corporation, Hitachi Home Electronics America, Inc. and McMahon Development
Group; 2) appropriating $15,717 from the General Fund for payment of Hitachi Public Facilities
Development Impact Fee (PFDIF) - Year I of a 10 year repayment of the $157,170 PFDIF, and
waiving $45,341 in processing and permit fees; and 3) approving and appropriating $91,742 in
CDBG funds for payment of specific city processing fees and permits.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
HITACHI HOME ELECTRONICS AMERICA. INC
Hitachi Home Electronics America (HHEA), and its parent company Hitachi Ltd, Inc., are listed
among the Fortune 50 largest companies in the world with a total worth of $423 billion dollars.
Hitachi Home Electronics' annual sales are in excess of $650 million. HHEA operates a maquila
manufacturing/assembly plont in Tijuana; the firm has operated a warehousing facility in Otay
Mesa for the past 15 years. In 1998 Hitachi Home Electronics moved its Atlanta-based
headquarters to the Otay Mesa location in order to bring its engineering, sales/marketing, and
administrative branches closer to its product. Over a year ago Hitachi quietly began a site search
for a more upscale environment to accommodate a 85,000 sq. ft. Headquarters facility with 90%
office and lab space, and a large showroom for national and international vendors to view and
test products. The Chula Vista facility will employ 170-200, with growth potential to 250
employees in the next 5-10 years, ond a current average salary of $62,000. Hitachi is excited
about the opportunity to draw quality employees to this high image location. Facility divisions will
include accounting, finance and legal; design engineering/quality assurance, design lab; digital
home network; HR and payroll; Informotion Technology; Marketing & Sales Administration;
National Service administration; and purchasing and production control.
---. -------- ------- -.----
PAGE 3, ITEM NO.: '?i
MEETING DATE: 02/12/02
RED TEAM ASSISTANCE
Community Development staff met with Hitachi Home Electronics representatives from their local
facility and from their Japanese parent company, along with their real estate broker Tom
Mortinez, their development team led by the McMahon Group, and Eastlake representatives on
numerous occasions. In coniunction with the City's business attroction RED TEAM, Economic
Development staff prepared a detailed recruitment proposal addressing Hitachi's specific needs,
designed to compete with other San Diego area sites under consideration. The RED TEAM,
including City Manager Dave Rowlands, and California Transportation Ventures President Kent
Olsen, met with Hitachi on November 19, 2001 to formally present the City's proposal and
incentive package. Among issues of specific interest to Hitachi were timing and surety of SR 125;
Toll Road fees; City fees; ability to process quickly; available transit services to the site; and Park
and Ride facilities for their employees.
TERMS OF AGREEMENT
A. City Incentives/ Concessions
As noted in the introduction, the City agrees to award Hitachi a $91,742 CDBG grant for
payment of fees, and to waive $45,341 in fees, and to assume the PFDIF obligation of $157,170
to be paid over 10 years. The City further agrees to defer the Interim SR125 Fee for 5 years, and
possibly to waive this fee, subject to funding of the toll road and other stipulations. The
breokdown of these fees and their funding sources are shown in Exhibit B of the Agreement.
B. EastLake Development Company Concessions
Eastlake agrees to sell property to McMahon Development Group, the firm selected by Hitochi to
construct their build-to-suit facility, at a below market price and on favorable terms, and to
deliver the property pad-ready. As noted in the introduction, Eastlake agrees to assume
responsibility for4 $1, 101,314 in City and Assessment District fees including the TDIF, calculated
at $936,000 alone. (See Exhibit B of the Agreement)
In addition, Eastlake is entering into a separate agreement with Hitachi under which Eastlake
agrees to provide a 3% home discount for a period of one year to Hitachi employees who
purchase a new home in Eastlake (and do not use a real estate broker).
C. Hitachi Home Electronics! The McMahon Development Group Concessions
The McMahon Development Group agrees to construct a 85,000 sq ft upscale headquarters
facility for the purpose of leasing to Hitachi within 12 months of receiving a building permit.
Hitachi in turn agrees to lease the facility within 6 months of receipt of Certificate of Occupancy
and for a minimum of 10 years. Hitachi further agrees to hire a minimum of 170 employees
within 12 months of opening the focility and to execute the City's Employment Services
Agreement which facilitates a close relationship with the South County Career Center and local
jobseekers.
PAGE 4, ITEM NO.: <g
MEETING DATE: 02/12/02
ECONOMIC IMPACT
A. IMAGE
The attraction of Hitochi's North American Headquarters is another major accomplishment
for the City's RED TEAM and Council. The Hitachi name is recognized worldwide. This
attraction effort is a benchmark for Chula Vista in that it is a Fortune 50-affiliate corporate
headquarters employing administrative and professional personnel in a signature corporate
office facility. Hitachi chose Chula Visto largely because of the quality image that the
EastLake Business Pork and master-planned community has to offer. Conversely, Hitachi
continues to enhance Chulo Vista's image in regional San Diego and southern California.
B. HIGH PAYING JOBS/ LARGE PAYROLL/ SALES TAX
Hitachi continues to raise the bar in terms of Chula Vista's local employment opportunities;
the company will be hiring administrative, managerial, engineering, information technology
and sales/marketing personnel. Hitachi will hire 170 jobs initially, growing to up to 250 in 5
years. These high paying jobs will create demand for locol goods and services, which in turn
generates sales tax revenues for the City; will stimulate investment in residential and
business property improvements; and will generally raise the overall stondord of living.
Its important to note that the company itself will be purchosing local goods and services
which will also generate sales tax revenue for the City.
C. PROPERTY TAX REVENUE
Hitachi will generate an estimated $20-30,000 in annual property tax and utility users fee
revenues to the City's General Fund.
D. HI-TECH INDUSTRY CLUSTER
The attraction of Hitachi brings 0 second Japan-based company to EastLake, creating
opportunities for additional recruitment of Japonese companies which often like to cluster
together. Hitachi also builds upon the City's emerging electronics cluster, including Leviton
and DNP. An important commonality of this emerging cluster is also its relationship to
Mexico; each of these 3 companies has a maquila assembly plant in Tijuana. (This
highlights the City's advantage of close proximity to these maquiladora facilities.) Finally, the
Hitachi RED TEAM success will help the City to attract additional corporate headquarters - a
vital economic development strategy that helps bring not only higher incomes but also
corporate philanthropy in areas such as culture and the arts to the lacal community. Hitachi
is olready planning to make a contribution to local educational programs.
Finally, an additional benefit of attracting corporate offices/ R&D headquarters to the City is
the potential for the development of spin-off start-up companies here in Chula Vista
producing state-of-the-art products. (We see this phenomenon in the evolution of Sorrento
Valley.)
'6'-
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PAGE 5, ITEM NO.: '8
MEETING DATE: 02/12/02
E. JOBS TO HOUSING BALANCE - TRAFFIC, ENVIRONMENT
Hitachi's location in eastern Chula Vista contributes to the City's jobs/housing balance
helping to mitigate traffic congestion by reducing the number of long, time-consuming
commutes to the north and south. This in turn contributes to reduced pollution and the
overall quality of life.
FISCAL IMPACT
The total cost to the City is as follows:
. $91,742 CDBG grant (no General Fund impact)
. $45,341 waived fees
. $157,170 General Fund - paid over 10 years, with an annual payment of $15, 717
Hitachi must reimburse the City for the City's financial incentives if they do not meet their required
conditions, including the requirement to operate in Chura Vista for 10 years minimum.
J,\COMMDEV\STAFF.REP\O2-12-02\H;tach; Agreement.doc
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RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A BUSINESS INCENTIVE
AGREEMENT WITH EASTLAKE DEVELOPMENT
CORPORATION, HITACHI HOME ELECTRONICS (AMERICA),
INc. AND McMAHON DEVELOPMENT GROUP, AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, in November I999, Council approved a Business Incentive Agreement
with EastLake Development Company which resulted in Leviton building its 90,000 sq. ft.
Western Regional R&D facility in Chula Vista bringing 200 highly paid employees; and
WHEREAS, the agreement provided for EastLake to assume $725,000 of Leviton's
TDIF obligation to enable Chula Vista to be competitive; and
WHEREAS, the agreement with EastLake not only enabled the attraction of Leviton,
but required EastLake to entitle the remaining 80 acres of business park, bringing much needed
light manufacturing/R&D land on line, available for immediate development by other hi-tech
employers; and
WHEREAS, the EastLake Incentive Agreement paved the way for the recruitment of
DNP, a subsidiary of Dai Nippon Ltd., which recently announced the location of its electronics
manufacturing plant in EastLake, and now paves the way for the recruitment of a new Chula Vista
benchmark - the North American Headquarters of Hitachi Home Electronics (America); and
WHEREAS, the proposed agreement provides for Eastlake to assume $935,000 of
Hitachi's TDIF obligation and to assume liability for the $123,000 Interim SR125 fee - for a total
cost to EastLake of$I,101,3l4 and the City agrees to award Hitachi a $91,742 CDBG grant and to
assume $45,341 in processing and permit fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Business Incentive Agreement with EastLake Development
Corporation, Hitachi Home Electronics (America), Inc, and McMahon Development Group, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
agreement on behalf of the City ofChula Vista.
Presented by Approved as to form by
~~~
Chris Salomone John M. Kaheny
Community Development Director City Attorney
j,\Attorney\RESO\Hitachi.doc
<3-'6
BUSINESS INCENTIVE AGREEMENT
BETWEEN CITY OF CHULA VISTA,
EASTLAKE DEVELOPMENT CORPORATION,
M.D.G./EASTLAKE 7, AND
HITACHI HOME ELECTRONICS (AMERICA), INc.
This Agreement, dated this - day of February, 2002, for the purposes of reference
only and effective as of the date last executed between the parties, is made between the CITY OF
CHULA VISTA, a chartered municipal corporation of the State of California ("City"),
EASTLAKE DEVELOPMENT CORPORATION ("EastLake"), M.D.G./EASTLAKE 7, a limited
partnership ("M.D.G"), and HITACHI HOME ELECTRONICS (AMERICA), INC. ("Hitachi"),
and is made with reference to the following facts:
RECITALS:
A. City wishes to strengthen the local economy, ensuring both a growing tax base and
growing employment opportunities for Chula Vista residents.
B. City, in coordination with EastLake, previously established a Hightech/Biotech
Incentive Zone via Ordinance No. 2621 in order to offer incentives to qualifYing technology-based
companies to encourage their location within the EastLake Business Center (Phases I and II).
C. City, M.D.G. and EastLake are coordinating to encourage Hitachi to locate its
corporate office ("Project") within the EastLake Business Center Phase II.
D. Hitachi is a home electronics sales and manufacturing business that wishes to locate
its corporate office in the City ofChula Vista.
E. Hitachi's corporate office consists of an 85,000 square foot building and will
employ at least 170 employees within 5 years.
F. Hitachi had considered locating its corporate office outside of the City of Chula
Vista. The City wishes to facilitate a reduction in fee costs related to the Chula Vista site in order
to make the site more economically competitive.
G. In order to induce Hitachi to locate within the EastLake Business Center Phase II,
the City and EastLake agree to mutual concessions which result in EastLake and the City reducing
or waiving various City fees for Hitachi.
H. EastLake has entered into an agreement with M.D.G. for the sale of a certain parcel
of land within the EastLake Business Center Phase II for the construction of a corporate office for
Hitachi.
I. M.D.G. will enter into a ten (10) year lease with Hitachi for the location of Hitachi's
corporate office within EastLake Business Center Phase II.
g.C¡
J. City and EastLake are both interested in and committed to taking all necessary steps
to facilitate the construction and operation of the Project within the City.
Now, therefore, the parties agree as follows:
1. M.D.G.'s and Hitachi's Obligations.
1.1. M.D.G. agrees to construct at least a 85,000 square foot facility for its
corporate office ("Facility").
1.2 M.D.G. shall complete construction of the Facility no later than 12 months
after the first building permit issued for the Facility by the City.
1.3 Hitachi shall commence operations of the Facility as its corporate office
within 6 months of receiving its Certificate of Occupancy.
1.4. Hitachi agrees to employ a minimum of 170 employees within I2 months of
opening the Facility.
1.5. Hitachi, contemporaneous with execution of this Agreement, shall enter into
the Employment Services Agreement attached hereto as Exhibit A.
1.6. Hitachi agrees to operate in good faith its Facility within the City for no less
than 10 years from the date it is initially opened for business.
2. Fee Related Concessions to be Granted by City. City agrees to bear, on the
conditions subsequent herein stated, certain costs by granting the concessions, described herein, to
Hitachi.
2.1. City hereby agrees to waive certain fees as listed on Exhibit B and as set
forth in paragraph 2.6 herein.
2.2. City agrees to assume the cost of Hitachi's $157,170 Public Facilities
Development Impact Fee.
2.3. City agrees to defer Hitachi's Interim SR I25 Toll Road fee of
approximately One Hundred Twenty-three Thousand and NollOO
($123,000.00) for five years fÌ'om Hitachi's receipt of a certificate of
occupancy for the Facility. If, after the five year period has run, City
determines that financing of SR 125 Toll Road has not been obtained (i.e.,
bonds have not been issued), EastLake agrees to pay Hitachi's SR 125 fee
obligation commencing within 30 days of City's written request to do so.
Such fees shall be paid annually in equal amounts over a IO year period at
no interest cost. Notwithstanding the foregoing, if City determines after the
five years has run that payment by Hitachi of the SR 125 fee is unnecessary,
(even if financing for the SR 125 Toll Road has not been obtained) the City
may, in its sole discretion, permanently waive the SR 125 DIF fees.
2
J:IAttorncyIAGREEIHitachi\EastLake-Hitachi 2-5.doc
'3 ~/D
2.4. City agrees to establish an interdepartmental Hitachi Project Team to meet
regularly with the applicant(s), to include an overall Project Manager, as
well as a single points of contact for each of the City's development
departments.
2.5. City will use its best efforts to process entitlements for the Facility,
including but not limited to the entitlements identified in Exhibit C, and in
compliance with the schedule shown in Exhibit C. The City agrees to use its
best efforts to issue building permits no later than July I, 2002. The City's
agreement to use its best efforts in this regard is contingent upon receiving
all required applications and documentation ITom Hitachi, M.D.G. and
EastLake, if necessary, in an acceptable form and in a timely manner.
2.6. The City shall provide Hitachi with a Community Development Block Grant
in the amount of $91,742 to be applied solely towards the payment of those
City fees and permits, [said amount shall be deducted ITom the total amount
of fees waived by the City] as shown on Exhibit B pursuant to paragraph 2.1
herein.
3. EastLake's Concessions to be Granted to Hitachi. EastLake agrees to the following
concessions:
3.1. EastLake shall pay M.D.G.'s Assessment District 90-3 total obligation in an
amount equal to $14,840.00. The payment shall be made to the Assessment
District within thirty (30) days after the building permit for the Facility has
been issued by the City.
3.2 EastLake shall assume Hitachi's requirement to pay the Transportation
Development Impact Fee for the Project in accordance with the terms of that
certain agreement between the City of Chula Vista and EastLake approved
by Resolution No. 19667 (and as amended ITom time to time), thereby
eliminating the requirement to pay the Transportation Development Impact
Fee for the Project.
3.3. EastLake shall pay the Project's Telegraph Canyon Drainage fees equal to
$27,474.00 at the time provided by the ordinance establishing that fee, and
shall pay Hitachi's SR-125 Interim Fee Obligation, if necessary, pursuant to
the terms set forth in paragraph 2.3 herein.
4. Conditions Subsequent. The Duty of City to grant the concessions as set forth
above are subject to the following Conditions Subsequent, such that if any of the following
conditions should occur, City's Duty to Provide Concessions as set forth above is voidable ab initio
at the City's option. City may require Hitachi (or M.D.G., ifM.D.G. fails to construct the Facility
as described in paragraph 4.1 herein) to repay City, in cash, the total amount of fees waived or paid
by City on behalf of Hitachi and the total amount of grant funds or other awarded to Hitachi by the
City to pay its fees as of the date any of the following Conditions Subsequent occurs.
3
J:IAttorneyIAGREEIHitachiIEastLake-Hitachi 2-5.doc g.IJ
Those Conditions Subsequent are as follows:
4.1. Building Investment. M.D.G. shall fail to complete construction of the
Facility, described in this Agreement, in the EastLake Business Center,
within 12 months of the issuance of the first building permit for the Facility.
In such case, M.D.G. shall be responsible for repaying the City for any fees
waived or paid by the City on behalf of Hitachi.
4.2. Chula Vista Jobs Outreach. Hitachi shall fail to execute the Employment
Agreement attached hereto as Exhibit A and thereafter fail to comply with
the terms thereof.
4.3. Commence and Continuous Operations. Hitachi shall fail to commence
operations of its Facility within 6 months of receiving its Certificate of
Occupancy or is no longer leasing the Facility for the term of its lease for
whatever reason.
4.4. Employment. Hitachi shall fail to employ the number and types of
personnel within the time periods set forth in the Recital herein.
5. General Provisions.
5.1. No Partnership, Etc. Nothing herein contained shall be construed to create a
partnership or joint venture between the parties to this Agreement with
respect to the development of the EastLake Business Center Phase II or any
part thereof, nor shall City have any liability or obligation to any person
whatsoever except its obligations to Hitachi as specifically set forth herein.
5.2. Gender, Number. Whenever the context requires, the use herein of (i) the
neuter gender includes the masculine and the feminine gender and (ii) the
singular number includes the plural number.
5.3. Captions. Captions in this Agreement are inserted for convenience of
reference only and do not affect the construction or interpretation of this
Agreement.
5.4. Entire Agreement. This Agreement contain(s) the entire agreement between
the parties relating to the transactions contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and
statement, oral or written, are merged into and superseded by this
Agreement.
5.5. Modification. No modifications, waiver or discharge of this Agreement
shall be valid unless it is in writing and signed by the party against which the
enforcement of the modification, waiver or discharge is or may be ought.
Any modifications, waiver or discharge on the City's behalf must be
4
J:IAttorneyIAGREEIHitachiIEastLake-Hitachi 2-5.doc ~-/~
approved by the City Council unless the authority has been specifically
delegated in writing by the Council to another person, and such delegation
specifically references this Agreement.
5.6. Invalidity. If any material covenant, condition or provision of this
Agreement is held to be invalid, void or unenforceable by a final order or
judgment of a court of competent jurisdiction, the remainder of this
Agreement shall be enforceable.
5.7. Counterparts. This Agreement may be executed in any number of
counterparts, all of which together shall constitute one instrument.
5.8. Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of California.
5.9. Force Majeure. Except with respect to any obligation to pay money when
due, no party hereto shall be liable for any delay or failure to perform this
agreement caused by Force Majeure. As used herein, the term Force
Majeure shall means acts of God; strikes; walkouts; labor disputes or
disturbances; war; blockage; insurrection; riot; earthquakes, typhoons,
hurricanes; floods; fires; explosions. In the event of Force Majeure likely to
cause any such delay or failure, the parties suffering such Force Majeure
shall give notice to the other party hereto, stating the particulars of such
Force Majeure and shall to the extent it is capable of doing so, remove such
cause with all reasonable dispatch, except that, no party shall be required to
settle any strike, walkout, labor dispute or disturbance by acceding to the
demands of the opposing party when such course is deemed inadvisable by
such party.
5.10. Entitlements and Permits. Hitachi's entitlements and permits shall be
subject to final approval of the City, which reserves to itself such unfettered
discretion as the law requires.
5.11 Exhibits. All exhibits referred to herein shall be incorporated by reference
into this Agreement.
5.I2 No Assignment. M.D.G. or Hitachi shall not assign or otherwise transfer
any of its rights, obligations or concessions granted under this agreement
without obtaining the prior written consent of the City, which consent may
be withheld by the City in its sole and absolute discretion. Any attempted
assignment made in violation of this provision shall be null and void.
(NEXT'PAGE IS SIGNATURE PAGE)
5
J:IAttorneyIAGREEIHitachiIEastLake-Hitachi 2-5.doc ~-/3
SIGNATURE PAGE TO
BUSINESS INCENTIVE AGREEMENT
BETWEEN CITY OF CHULA VISTA
AND EASTLAKE DEVELOPMENT CORPORATION
AND HITACHI HOME ELECTRONICS AMERICA, INc.
IN WITNESS WHEREOF, the parties hereto have caused this Letter of Intent to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA EASTLAKE DEVELOPMENT
CO~tfN ß
By: BY~ / Øi- -
Shirley Horton, Mayor il iam T. Ostr
President and Chief Executive Officer
ATTEST: mTACm HOME ELECTRONICS (AMERICA),
INC.
By: By:
Susan Bigelow, City Clerk Its:
Approved as to form by M.D.G./EASTLAKE 7
~ YVlA9t~ ~ By:
John M. Kaheny, City Attorney Its:
6 ~-ILf
C:lwindowslTEMPlEastLake-Hitachi 2-5.doc
Feb-O6-02 16:24 HHEA LEGAL DEPT 619 6613953 P.O3
SIGNATlIRE PAGE TO
ßUSINESS INCENTIVE AGREEMENT
BETWEEN CITY OF CHULA VISTA
AND EASTLAKE DEVRl_0PMENT CORPORATION
AND HITACIII HOMF.. ELECTRONICS AMERICA, INc.
IN WITNESS WHEREOF, the parties hereto have caLL~ed this Letter of Intent to he
executed the day and year tìrst hereinabove set forth.
THE CITY OF (,HULA VISTA EASTLAKE DEVELOPMENT
CORPORATION
!3y: By:
Shirley r lorton, Mayor
ATTEST: HITACHI HOME ELECTRONICS (AMERICA),
lNl'.
) 1
.... Zl i'-/
By:.__.----- By: (--:. / " r; 11/1.:¡z:!a ,I
Susan Rigelow, City Clerk Its: Pr('¡,r/",,'¡
Approved as to I,mn by M.D.G.lEASTLAKE 7
Ry: ---.---..-...-
.Iohn M- Kaheny, City Attorney Its: ---.---
6 ~/16
III LMr\r.""I.<lkc-Hitacl" 2-\ 1.<I"c
02! 07! 2002 14: 51 5193500220 MCMAHON OLIPHANT PAGE 07
.-.-/ -.-/
SIGNATURE PAGE TO
BUSINESS INCENTIVE AGREEMENT
BETWEEN CITY OF CHULA VISTA
AND EASTLAKE DEVELOPMENT CORPORATION
AND HITACHI HOME ELECTRONICS AMERICA, INC.
IN WITNESS WHEREOF, the parties hereto have caused this Letter of Intent to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA EASTLAKE DEVELOPMENT
CORPORATION
By: By:
Shirley Horton, Mayor
ATTEST: HITACHI HOME ELECTRONICS (AMERICA),
INC.
By: By:
Susan Bigelow, City Clerk Its:
Approved as to form by M.D.GÆASTLAKE 7
By: ~
John M. Kaheny, City Attorney Its: ~~,
6
Clwmdow,\TEMP\E..tLake-Hitaehi 2.S.doc
~ //~
EXHIBIT A
EMPLOYMENTAGREEMENTBEnNEEN
THE CITY OF CHULA VISTA, HITACHI HOME ELECTRONICS AMERICA, INC.,
AND THE SOUTH COUNTY CAREER CENTERIWORKFORCE PARTNERSHIP INC.
This Agreement is entered into between the City of Chula Vista, herein referred to as the 'City', Hitachi
Home Electronics America, Inc., herein referred to as the 'Hitachi', and the South County Career Center,
a division of the San Diego Workforce Partnership, Inc., herein referred to as the 'SCCC'.
WHEREAS, the City of Chula Vista is providing certain financial incentives to Hitachi in order to
assist the company to locate in Chula Vista and to create new job opportunities for local residents; and
WHEREAS, the SCCC is located within the City of Chula Vista and offers a wide range of work-
force development services in areas relevant to Hitachi and to local job seekers; and
WHEREAS, it is to the benefit of all parties that Hitachi proactiveiy recruit, hire and train Chula
Vista residents for Hitachi's new facility in the EastLake Business Center;
NOW, THEREFORE, the parties hereto agree to coordinate efforts to facilitate Hitachi's access to
and use of the SCCC's services, including but not limited to employee recruitment, training and related
workforce services, and to facilitate Chula Vista residents' access to Hitachi job opportunities.
ALL PARTIES AGREE THAT
I. Hitachi's Human Resources Director or designee and the SCCC's Employment Services Repre-
sentative or designee will develop prior to Hitachi occupying the Chula Vista facility a mutually
beneficial Workforce Development Plan that addresses and encourages Hitachi's use of the
SCCC and the San Diego Workforce Partnership, Inc.'s Career Center Network, as follows:
a. As a source of job candidates from the City of Chula Vista when said candidates are
qualified and appropriate to fill the positions created at Hitachi's new EastLake facility as
well as subsequent Hitachi vacancies;
b. For posting Hitachi's new EastLake facility job openings and subsequent vacancies
through the SCCC and the Career Center Network in advance of general advertising;
c. To preliminariiy qualify and/or screen applicants for staff openings at the new facility and
subsequent vacancies;
d. To certify applicant eligibility for state/federal workforce development tax credit programs
or other workforce development incentive programs that Hitachi may choose to pursue;
e. As a resource for designing, developing and impiementing customized training programs
for Hitachi empioyees as the need arises;
f. To coordinate activities reiated to curriculum development, welfare-to-work programs,
work experience and work internships as the need or opportunities for these services
arise at Hitachi's Chula Vista facility.
II. Hitachi is not obligated to hire anyone referred under the terms of this agreement.
HITACHI AGREES THAT
III. Hitachi will provide SCCC information needed to identify qualifying candidates, including required
skilis, training and other work related criteria, as part of their initial and subsequent recruitment ef-
forts;
g-/1
Feb-O6-02 16:24 HHEA LEGAL DEPT 619 6613953 P
02/05/02 TI'E 1;: 03 F.U 619 409 5823 C" CITY A.TTOIINI::~ ..;v~~
IV. Hitachi will make a good faith effort to worK with the SCCC to identify and consider persons re-
ferred by the SCCC, and in particular Ghula Vis1a resid.mts, for lo~.al job openings.
SCCC AGREES THAT
V. SCCC will take the lead in designing the Workforce Development Plan, 'n Nil cooperation with
Hitachi and with the goal Of aevelol;lIng mutuaily beneñciai ilCÜlliUes. .
vI. SCCC will prcac~velY assist Hitaci1i to implement the WorkfOfce D",velopment Plan ..no ...¡!I'T",ni-
tór the resuit'$ and snare th...... results with Hitachi ¡¡nd ¡Ii" City of Ghu/a Vista.
Vii. SCCC will provide ser.":es :.. HiLa!;!)i ma, 0811",fits bot:; th" comparw and tt", Chula 'list! "os',-
d.;nt5, ,.
VIII. This agreement shall be in effect upon the 1ast d~te of execution and shall con~nU<l from year to
year unles~ terminated by thirty (30) days prior written notice to either party,
IX Neither the SCCC nor Hitachi shall disc~minate or. the briels of age, race, national origin, raligion,
color, cr"ed. disability, sex or seruol orientation in matte~ related to these Agreement þroyisions,
The parties agree ~ p"rtorm suo:h furth~r acts and In e"eGuĊ and deliver suCh ariditional documents and
instruments as m"y be reasonably required ,n order to carry out the provisions of this Agreement and the
intentions otme parties.
///t'(",¿!' ,};l~;(tf~,., ( .2 / ~jo-:
joseptf~mallwood ~
Corpor<3te Counsel
Hit".ohi Homo Electronics America, In,"-,
Lawrence G- Fito~ Date
President
San Diego WorKforce Fartnersnip, IncJFrivale Industry Coun"il
Shirley Hõr1cn Date
Mayor
City of Chula Vista
J.\COMMDEVlEcon. De., Divi.¡."lEmpJoymentAg"omo"'. Macnl.do,
g-/8
EXHIBIT B
HITACHI FEE INCENTIVES
TYPE OF FEE TOTAL FEE INCENTIVE
PLANNING
DESIGN REVIEW $3,000.00 Waived
LANDSCAPE PLAN $500.00 Waived
SIGN PERMIT $50.00 Waived
ENGINEERING
SEWER CONNECTION $30.00 CDBG
SEWER PARTICIPATION $51,126.00 CDBG
TELEGRAPH CANYON SEWER $4,986.00 CDBG
TELEGRAPH CANYON DRAINAGE $27,474.00 Paid by Eastlake Development Company
TRAFFIC SIGNAL FEE $33,600.00 CDBG
ROW CONSTRUCTION PERMIT $2.000.00 Waived
GRADING PERMIT $2,000.00 CDBG
TRANSDIF $936.000.00 Paid by Eastlake Development Company
INTERIM SR-125 DIF $123.000_00 Deferred 5 years / Waived if SR-125 financed
PUBLIC FACILITIES DIF $157.170.00 General Fund"
AD 90-3 PAYOFF $14.840.00 Paid by Eastlake Development Company
BUILDING AND HOUSING
BUiLDING PERMIT $16.381.75 Waived
PLAN CHECK FEE $20,254.25 Waived
STRONG MOTION $1,645.35 Waived
FIRE DEPARTMENT
FIRE SPRINKLER SYSTEM $640.00 Waived
TENANT IMPROVEMENT $275.00 Waived
FIRE HYDRANT INSTALL $275.00 Waived
FIRE ALARM SYSTEM $185.00 Waived
FIRE HOOD SYSTEM $135.00 Waived
TOTAL $1,395,567.35
EastLake Deveiopment Company responsible for Interim SR 125 fee if SR 125 not financed within 5 years
EastLake would be allowed to payoff fee over the next 10 years
"Paid from General Fund over 1 0 years without interest
Source of Fee Payment Amount
Waived Fees $45,341.35
CDBG $91,742.00
General Fund $157,170.00
EastLake Dev. Co. $1,101,314.00
Total $1,395,567.35
Total Fees $1,395,567.35
Total Incentives $1,395,567.35
J:ICOMDEVIHITACHIIFeb 6 Hitachi Fee Incentives 3:34 PM g ~/q 2/6/2002
EXHIBIT C
1:1...'tol:'.: [.J,'.I:II ~ ~:{~j:{']II[~""'"',,~:¡ [.,',.11[018;.1 '{'IoI:f.j.111["1o1:I~'1"J~
Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Initial Study
Not Required
Design Review ....... ......1
Lot Line
Adjustment .......
Bldg Permit .......
1st Plan
Check
Bldg Permit
2nd Plan ... I
Check
*Bldg Permit
3rd Plan ..
Check
'Pad certification and hazardous material penn it (if applicable) from County are required prior to issuance of building penn..
(In the event that any outside agency pennits are required such as a County pennit related to chemical and hazardous
materials, the City will help facilitate H.achi's compliance with these requirements.)
g - ;20
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CITY PAYMENT OVER 10
YEARS OF $I57,170 IN PUBLIC FACILITY DEVELOPMENT
IMPACT FEES (PFDIF) AND WAIVING $45,34I IN VARIOUS
PROCESSING AND PERMIT FEES AND APPROPRIATING
$15,717 FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND FOR THE FIRST YEAR PAYMENT OF PFDIF
WHEREAS, the proposed Business Incentive Agreement provides for EastLake
to assume $935,000 in TDIF obligations for the Hitachi project and to assume liability for
the $I20,000 Interim SRl25 fee - for a total cost to EastLake of$I,IOI,3l4; and
WHEREAS, THE city agrees to award Hitachi a $91,742 CDBG grant and to
assume Hitachi's PFDIF obligation; and
WHEREAS, the City shall assume Hitachi's PFDIF obligation in the amount of
$157,I70 to be paid over a 10 year period at $15,717 each year; and
WHEREAS, Hitachi must reimburse the City for the City's incentives if they do
not meet their required conditions, including the requirement to operate in Chula Vista
for IO years minimum.
WHEREAS, the City's payment of Hitachi's fees provides an inducement to
Hitachi locating within the City of Chula Vista thereby creating quality employment
opportunities and enhancing Chula Vista's image in the region.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve City payment over 10 years of $157,170 in Public
Facility Development Impact Fees (PFDIF) and waiving $45,341 in various processing
and permit fees and appropriate $15,717from the unappropriated balance of the General
Fund for payment of Hitachi's Public Facilities Development Impact Fee (PFDIF) for the
first Year's payment.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby waive $45,341 in processing and permit fees.
Presented by Approved as to form by
(À-~~
Chris Salomone John M. Kaheny
Community Development Director City Attorney
]:IAttorneyIRESOIHitachl PFDIF.doc f~;21
RESOLUTION NO. 2002- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND APPROPRIATING
$91,742 IN CDBG FUNDS FOR PAYMENT OF SPECIFIC
CITY PROCESSING FEES AND PERMITS
WHEREAS, the City agrees to award Hitachi a $91,742 CDBG grant in order to
induce Hitachi to locate within the City of Chula Vista;
WHEREAS, Hitachi's location in the City ofChula Vista shall create quality job
opportunities for its residents and enhance Chula Vista's image in the region.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve and appropriate $9I,742 in CDBG Funds for payment
of specific City processing fees and peO1lits.
Presented by Approved as to fOO1l by
(~ ~ ~9---
Chris Salomone John M. Kaheny
Community Development Director City Attorney
J:IAttorneylRESOIHitachi CDBG.doc g-J~
~~f?
- ---
.-
--.<4-
OFFICE OF THE MAYOR
SHIRLEY HORTON February 8th, 2002
Loretta Lynch, President
California Public Utilities Connnission
505 Van Ness Avenue
San Francisco, CA 94102
Re: Allocation of Department of Water Resources (DWR) power contract costs among
the state's electric utilities (applications 00-11-038,00-11-056, and 00-11-028)
Dear President Lynch,
This letter follows SANDAG'S January 25th, 2002 resolution on this matter. That resolution
recommended that the California Public Utilities Connnission work with the DWR to jointly
develop an allocation of DWR' s power contract costs in a manner that does not, if rate increases
are necessary, result in electric rate spikes for SDG&E customers.
At its February 8th, 2002 meeting, the SANDAG Board of Directors discussed this issue further.
As a result of this additional consideration, SANDAG urges the Connnission to recognize that,
the San Diego region's residents were the fITSt to be hit with the high costs of deregulation.
During the summer of 2000, the residents and business owners of our community paid their
exorbitant bills without assistance from the State or other California utility consumers. To now
ask the San Diego region to subsidize energy delivery costs for Northern California is unfair and
inconsistent with traditional CPUC rate allocation methods.
Therefore, the City of Chuta Vista, recommends that, if rate increases are necessary, the rate
increase structure adopted for DWR's power contract costs is consistent with the costs of
delivering power to individual portions of the State.
Sincerely,
Shirley Horton
Mayor
SH:pw
Cc: City Council
City Manager
City Attorney
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . 16191 691-5044 . FAX (6191476-5379
shorton@cì.chula-vista.ca.us
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