HomeMy WebLinkAbout2008/08/05 Agenda Packet
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employed by the City of Chula Vista in the
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C1lY Of
CHUlA VISTA
AJeIt
Cheryl Cox, Mayor/Chair
Rudy Ramirez, Council/Agency Member David R. Garcia, Ci~' Manager/Executive Director
John McCann, Council/Agency Member Bart Miesfeld, Interim City Attorney/Agency Counsel
Jerry R. Rindone, Council/Agency Member Donna Norris, Interim City Clerk
Steve Castaneda, Council/A.gency Member
August 5, 2008
4:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers/Agency Members: Castaneda, McCann, Ramirez, Rindone,
and Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY - City Council
. OATHS OF OFFICE
Mauricio Torre to the Housing Advisory Commission
Ed Herrera to the Human Relations Commission
John Vogel to the Parks and Recreation Commission
. INTRODUCTION BY DEPUTY M.A. YOR RIND ONE OF EMPLOYEE OF THE
MONTH, SANDRA HODGE, COUNCIL ASSISTANT
. PRESENTATION BY M.A.YOR COX OF A PROCLA-MATION TO POLICE
CAPTAIN WEDGE, PROCLAIMING AUGUST 5, 2008 AS NATIONAL NIGHT OUT
. PRESENTATION BY JACK MILLER, CHULA VISTA REPRESENTATIVE ON THE
SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY BOARD, OF AN
UPDATE ON THE AIRPORT MASTER PLAN
. PRESENTATION ON THE SMART GROWTH TOOL KIT BY SANDAG SENIOR
REGIONAL PLANNER, SUSAN BALDWIN
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CONSENT CALENDAR - City Council
(Items 1 through 5)
The Council/Agency will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember/Agency Member, a member of the
public, or staff requests that an item be removed for discussion If you wish to speak on
one of these items, please fill out a "Request to Speak ''form (available in the lobby) and
submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar
will be discussed immediately following the Consent Calendar,
I. APPROV AL OF MINUTES of June 10 and June 17,2008.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence
from the Joint City CouncillRedevelopment Agency meeting of July 22, 2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Ricardo Macias, Jr., member of the Resource
Conservation Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Mad<jy Act requirements.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OPPOSING THE USE OF LOCAL HiNDS TO BALANCE THE STATE BUDGET
The California State Legislature has missed its Constitutional deadline to pass a budget.
As the leaders of the Legislature debate fiscal policy, there has been discussion of
invoking the "severe fiscal hardship" provisions of Proposition IA and Proposition 42.
This would result in borrowing funds from local govemment that would not be required
to be repaid to cities and counties for three years. Adoption of the resolution opposes the
use oflocal funds to balance the State budget. (Legislative Subcommittee)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING
THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA, MARION B. BORG ENVIRONMENTAL CONSULTING AND
MCMILLIN OTA Y RANCH, LLC, FOR MANAGING AND PROCESSING OF THE
ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN URBAN CENTER
SECTIONAL PLAt'-i"NING AREA PLAN AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
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Adoption of the resolution approves a First Amendment to an existing contract with
Marion B. Borg Environmental Consulting for environmental consulting services to
extend the contract for a 12-month period from July 2008 through June 2009, to complete
work in preparation of and processing for an Eastern urban Center project. (Acting
Planning Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AND AUTHORIZING THE USE OF
PURCHASE ORDERS IN THE AMOUNT OF $81,160 PER MONTH TO SECURE
LANDSCAPE MAINTENA.NCE OF OPEN SPACE FOR CERTAIN COMMUNITY
FACILITIES DISTRICTS BY BLUE SKIES LANDSCAPE MAINTENANCE FOR A."l
INTERIM PERIOD OF 60-90 DAYS
Due to continued deficiencies in contracted landscape services for Community Facility
Districts Sunbow II, Otay Ranch Village I West and Otay Ranch Sta B, the City has
exercised its option not to renew the existing maintenance contracts in these districts for
Fiscal Year 2009. In order to maintain landscape services in these districts while the
formal advertised bid process moves forward, bids were solicited from several vendors to
provide the necessary services at a monthly rate for a 60-90 day period. Adoption of the
resolution awards an interim maintenance agreement to the apparent low bidder, Blue
Skies. (Public Works Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALEN,DAR
PUBLIC COMMENTS - City Council and Redevelopment Agency
Persons speaking during Public Comments may address the Council/Agency on any
subject matter within the Council/Agency's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council/Agency from discussing or taking
action on any issue not included on the agenda, but if appropriate, the Council/Agency
may schedule the topic for future discussion or refer the matter to staff. Comments are
limited to three minutes.
ACTION ITEMS -City Council and Redevelopment Agency
(Item 6) City Council
(Item 7) Joint City Council and Redevelopment Agency
The items listed in this section of the agenda will be considered individually by the
Council/Agency and are expected to elicit discussion and deliberation If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
6. CONSIDERATION OF AUTHORIZING SUBMITTAL TO THE CITY CLERK OF AN
ARGUMENT, AND REBUTTAL ARGUMENT IF ANY, AGAINST THE MEASURE
TO AMEND THE CHULA VISTA CITY CHARTER TO MAKE THE CITY
ATTORNEY AN ELECTED CITY OFFICER, TO BE INCLUDED IN THE SAMPLE
BALLOT FOR THE NOVEMBER 4,2008 ELECTION
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The Council previously approved placement of the citizen-initiated Charter amendment
measure on the November 4, 2008 ballot. California Election Code section 9282(a)
allows the legislative body to submit an argument against a measure placed on the ballot
by petition. This item provides information and regulations related to the submittal of
ballot measure arguments. (Interim City Clerk)
Staff recommendation: Council consider submittal of an argument against the measure.
7. CONSIDERATION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND INSTITUTE
In the coming years, Chula Vista's vacant bayfront may soon transform into a world class
destination. The H Street corridor provides an opportunity to connect the bayfront and the
Chula Vista community and revitalize it along the way. Adoption of the resolutions
authorizes the City Council and Redevelopment Agency to enter into a contract with the
Urban Land Institute Five-Day Advisory Services Program to bring real estate experts from
around the country to provide an unbiased implementation program for redevelopment of
the H Street Corridor between Interstate 5 and Third A venue. This item was continued from
the meeting of July 22, 2008. (Redevelopment and Housing Assistant Director)
Staff recommendation: Council/Agency adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS FOR AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBA.N LAND INSTITUTE
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CHULA VISTA REDEVELOPMENT AGENCY AND THE URBAN LA~D
INSTITUTE IN THE AMOUNT OF $120,000, AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
OTHER BUSINESS - City Council and Redevelopment Agency
8. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS
9. MA YOR/CHAIR'S REPORTS
A. Ratification of the appointment of Catherine Johnson to the Safety Commission.
B. Ratification of the appointment of Lilia Meza to the International Friendship
Commission.
C. Ratification of the appointment of Emma Abutin to the Human Relations
Commission.
10. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Councilmember Ramirez - Presentation by Mr. Wright on his proposal of an
Emergency Registry for Chula Vista Residents ",ith Special Needs.
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CLOSED SESSION - City Council
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting at the City Attorney's office in accordance
with the Ralph M Brown Act (Government Code 54957. 7).
11 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b):
F our cases
12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUA..NT TO
GOVERNMENT CODE SECTION 54956.8:
Property: 1460 3rd Avenue and 275 Orange Avenue
Agency negotiator: David Garcia and Eric Crockett
Negotiating Parties: South East Corner Inc. and Castle Park Enterprises
Under Negotiation: Price and terms of payment.
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
In the Matter of: The Application for Certification for the Chula Vista Energv Upgrade
Proiect, California Energy Commission, Docket No. 07-AFC-4
ADJOURNMENT by the City Council to an Adjourned Regular Meeting, August 7, 2008 at
6:00 p.m. in the Council Chambers.
Materials provided to the City Council/Redevelopment Agency related to any open-session item
on this agenda are available for public review at the City Clerk's Office, located in City Hall at
276 Fourth Avenue, Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend. and/or participate in a City meeting, activity. or service, contact the City Clerk's Office
at (619) 691-50415041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. California Relay Service is also available for the hearing impaired.
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DRAFT
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
AND SPECIAL MEETINGS OF THE REDEVELOPMENT AGENCY
AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
June 10, 2008
6:00 P.M.
A Regular Meeting of the City Council and Special Meetings of the Redevelopment Agency and
Housing Authority of the City of Chula Vista were called to order at 6:03 p.m. in the Council
Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Council/Agency/Authority Members: Castaneda, McCann, Ramirez,
Rindone and Mayor/Chair Cox
ABSENT: Council/Agency Authority Members: None
ALSO PRESENT: City Manager/Executive Director Garcia, Interim City Attorney/Agency
Counsel Miesfeld, Interim City Clerk Norris, and Deputy City Clerk
Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Mayor Cox introduced and welcomed Interim City Attorney, Bart Miesfeld.
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Mikki Zbikowski to the Commission on Aging
Interim City Clerk Norris administered the oath of office to Mikki, and Deputy Mayor Rindone
presented her with a certificate of appointment.
CONSENT CALENDAR - City Council and Redevelopment Agency
(Items I through 4) City Council
(Item 5) Redevelopment Agency
Item 2 was removed from the Consent Calendar for discussion by Deputy Mayor Rindone, Item
4 was removed from the Consent Calendar for discussion by a member ofthe public, and Item 5
was removed from the Consent Calendar for discussion by staff.
City Council Consent Calendar:
I. APPROVAL OF MINUTES of April 22 and May 1,2008.
Staff recommendation: Council approve the minutes.
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CONSENT CALENDAR - City Council (Continued)
2. This item was removed from the Consent Calendar.
3. RESOLUTION NO. 2008-144, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING A PURCHASE AGREEMENT WITH
GENUINE PARTS COMPANY TO PROVIDE AUTOMOTIVE AND EQUIPMENT
REPAIR PARTS AND SUPPLIES IN ACCORDANCE WITH TERMS AND
CONDITIONS OF A CONTRACT BETWEEN GENUINE PARTS COMPANY AND
THE CITY OF INDIO FOR A FIVE-YEAR PERIOD, BEGINNING JULY 1,2008
THROUGH JUNE 30, 2013, WITH FIVE ONE-YEAR OPTIONS TO EXTEND BY
MUTUAL CONSENT THROUGH JUNE 30, 2018
The Fiscal Year 2008/2009 Fleet Management Budget provides for the purchase of parts
and supplies necessary for the maintenance and repair of City vehicles. Chula Vista
Municipal Code section 2.56.140 and Council Resolution No. 6132 authorize the
Purchasing Agent to participate in cooperative bids with other government agencies for
the purchase of materials of common usage. Adoption of the resolution authorizes the
City's participation in a purchase agreement with Genuine Parts Company. (Public
Works Director)
Staff recommendation: Council adopt the resolution.
4. This item was removed from the Consent Calendar.
CONSENT CALENDAR - Redevelopment Agency
5. This item was removed from the Consent Calendar.
ACTION:
Deputy Mayor Rindone moved to approve the balance of the Consent Calendar,
headings read, texts waived. Mayor Cox seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR - City Council
2. RESOLUTION NO. 2008-143, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A REVISED CELLULAR TELEPHONE
POLICY
The purpose of the policy is to replace Council Policy No. 662-12 to incorporate the new
hands free cellular telephone devices law, the new IRS rulings requiring that personal
phone calls be subject to income tax, the issuance of cellular telephone stipends and the
formal establishment of pooled cellular telephones for shared usage. (Finance Director,
Information Technology Director)
Staff recommendation: Council adopt the resolution.
Deputy Rindone asked staff to confirm whether or not any Councilmembers owned city-issued
cellular telephones, since that was not reflected in the staff report. Finance Director
Kachadoorian responded that this policy would not apply to Councilmembers since separate
legislation, AB1234, would apply to Councilmembers, which was currently being reviewed by
legal staff and would be brought back to the Council. Deputy Mayor Rindone suggested that a
status report on cell phone usage be provided to the Council annually, during the budget cycle.
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ITEMS REMOVED FROM THE CONSENT CALENDAR - City Council
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2008-143, heading read,
text waived. Councilmember McCann seconded the motion and it carried 5-0.
Councilmember Castaneda requested information from staff on the statewide discourse on car
allowances relative to elected officials.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL SELECTION PROCESS AND APPROVING
AGREEMENTS WITH DR. BISCHEL, DVM FOR PROVISION OF A VETERINARY
PREMISE PERMIT AND VETERINARY SERVICES AND WITH DR. JIANNUZZI,
DVM FOR ON-SITE VETERINARY SERVICES AT THE CHULA VISTA ANIMAL
CARE FACILITY AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY TRANSFERRING
$142,800 FROM UNANTICIPATED ANIMAL CARE FACILITY PERSONNEL
SALARY SAVINGS TO SERVICES AND SUPPLIES FOR CONTRACTUAL
VETERINARIAN SERVICES (4/5THS VOTE REQUIRED)
Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the
provision of on-site Monday through Friday veterinary services and an agreement with
Dr. Ginny Bischel to provide the California Veterinary Premise Permit and facility
management in the absence of a permanent Animal Control Manager. The second
resolution authorizes the transfer of salary savings from the Animal Control Manager's
vacant position to offset veterinarian expenditures in the amount of $142,800 to be
incurred December 28,2007 through June 30, 2008. (Public Works Director)
Staffrecommendation: Council adopt the resolutions.
Councilmember Ramirez stated that he would be abstaining from discussion and voting on Item
4, and he left the dais at 6: I 2 p.m.
Laura Backe, National City resident and Chula Vista Animal Care Facility volunteer, spoke in
opposition to Item 4, stating that she had submitted correspondence to the Mayor with concerns
about the relationship between Dr. Bischel and one of the Councilmembers. She stated that the
information in the staff report was inaccurate and she suggested that the item be tabled in order
for the Council to obtain further information.
Jean Stafford, Chula Vista resident, and Chula Vista Animal Care Facility volunteer, concurred
with the comments by Ms. Backe, and also questioned the need for outsourcing of services for
the facility. Ms. Backe and Ms. Stafford then questioned staff further regarding the animal care
facility, its operations, and the apparent conflict of interest regarding Dr. Bischel.
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR - City Council (Continued)
Director of General Services Griffin responded to the questions related to the animal care facility
and its operations. He stated that a volunteer meeting was scheduled for next week, and at that
time, staff would provide the data related to adoptions and euthanasia as requested. With respect
to a prior Council referral about the ventilation systems in the animal transport vehicles, Director
Griffin stated that staff would be performing temperature tests over a period oftime to determine
whether or not there was an issue that warranted retrofitting the vehicles.
In response to the concerns regarding a conflict of interest, Deputy City Attorney Cusato
clarified that although Councilmember Ramirez was related to Dr. Bischel, he had no financial
interests in Dr. Bischels income or business, and therefore, there would be no legal conflict of
interest.
Councilmember McCann requested that this item be continued to the next City Council meeting
to allow staff to meet with the volunteers to ensure that their concerns were addressed.
Mayor Cox asked that a supplemental report, rather than an amended staff report be provided for
the next meeting.
ACTION:
Councilmember Castaneda moved to continue the item to the meeting of June 17,
2008. Deputy Mayor Rindone seconded the motion and it carried 4-0-1, with
Councilmember Ramirez abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR - Redevelopment Agency
5. A. RESOLUTION NO. 2008-1996, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT
WITH ECONOMIC AND PLANNING SYSTEMS, INe. FOR FINANCIAL
FEASIBILITY ANALYSIS FOR PROJECTS IN THE MERGED BA YFRONT fTOWN
CENTRE I PROJECT AREA
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND
APPROVING AN AGREEMENT WITH ECONOMIC AND PLANNING SYSTEMS,
INe. FOR FINANCIAL FEASIBILITY ANALYSIS FOR PROJECTS IN THE
MERGED PROJECT AREA
Staff is proposing an agreement with Economic and Planning Systems, Inc. for ongoing
professional services on an as-needed basis for the Redevelopment Agency for
consultation on financing strategies and fiscal and economic consulting services related
to new development within the Bayfront Master Plan area that includes the development
proposal by Gaylord Entertainment for a hotel and convention center. Services for
Economic and Planning Systems, Inc. will include analysis of other development
proposals throughout the Agency project areas. (Finance Director)
Staffrecomrnendation: Agency adopt the resolutions.
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ITEMS REMOVED FROM THE CONSENT CALENDAR - Redevelopment Agency
(Continued)
Agency Member Castaneda stated that he would be abstaining from voting on Item 5A, due to a
conflict of interest. Agency Member Castaneda left the dais at 6:38 p.m.
At 6:38 p.m., Agency Member Ramirez returned to the dais.
Treasurer Kachadoorian stated that staff was recommending contracting with Economic and
Planning Systems (EPS) for a continued financial feasibility study for the bayfront, particularly
the Gaylord project.
Economic Development Manager Stone explained the proposed ongoing professional services
with Economic and Planning Systems Inc., for consultation on financing strategies related to new
development within the Bayfront Master Plan area.
Peter Watry, Chula Vista resident suggested that the Council perform a consultant selection
process for a fresh point of view, and to ensure receiving the best advice.
Theresa Acerro, Chula Vista resident, concurred with the comments by Mr. Watry and suggested
that the item be put out to bid.
Parks Pemberton, Chula Vista resident, spoke in support of an open bidding process.
Chair Cox spoke about past consultant work performed by EPS, and asked staff to explain the
request to select EPS. Assistant Director of Redevelopment and Housing Crockett responded
that EPS was one of five economic analysis firms selected in 2005, based upon the qualifications
for the current projects. Economic Development Manager Stone added that specific to the
Bayfront and Gaylord project, it would be inefficient to change consultants because of the
institutional knowledge that EPS had built to-date on the projects.
Agency Member Ramirez stated that he was uncomfortable with sole-sourcing, and suggested an
open bidding process to consider all potential consultants.
ACTION:
Chair Cox moved to approve staff recommendation and adopt Agency Resolution
No. 2008-1996.
Executive Director Garcia commented that the City was in the midst of finalizing negotiations
with Gaylord and the Port, which was a complicated transaction that involved an understanding
of the economics of hotel and convention center businesses. He stated that EPS had a history of
developing a model to provide information needed to negotiate the best deal for the City, and
removing this tool would severely handicap staffs ability to negotiate. He recommended that
the Agency proceed with consultant services by EPS.
Chair Cox vvithdrew her original motion in order to hear further comments by the Agency
Members.
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June 10,2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR - Redevelopment Agency
(Continued)
Discussion ensued amongst the Agency Members and staff regarding the proposed sole source
contract.
ACTION:
Chair Cox moved to adopt Resolution No. 2008-] 996, heading read, text waived.
Agency Member Rindone seconded the motion and it carried 3-]-1, with Agency
Member Ramirez voting no, and Agency Member Castaneda abstaining.
With respect to Item 5B, Interim City Attorney Miesfeld stated that due to conflicts of interest on
the item by Agency Members McCann, Ramirez, and Rindone, a quorum of members without
conflicts could not be convened, and was legally impossible for a decision to be made without
participation by some of the disqualified members. Therefore, in order to determine which
members would participate on the item, names would be randomly selected from among the
disqualified members. Item 5B required a 3/5ths vote, resulting in the random selection of one
name from the disqualified members. Deputy City Clerk Bennett then drew one of the three
names, and Interim City Clerk Norris announced that Agency Member Rindone would
participate on Item 5B.
Agency Members Ramirez and McCann abstained from discussion and voting on Item 5B, due
to conflicts of interest. They left the dais at 7:]] p.m.
Agency Member Castaneda returned to the dais at 7:1] p.m.
Executive Director Garcia stated that since the proposed project was not as time-critical as Item
5A, and in consideration of the discussions regarding Item 5A, he suggested that Item 5B be
withdrawn and that staff solicit bids for the project.
Agency Member Castaneda referenced a recent newspaper editorial that included reports of a
study commissioned by the City to analyze the economic impacts of Proposition E. To that end,
he spoke of the need to build trust in the community, and to have other outlets for expertise and
analyses on City projects. He supported Mr. Garcia's suggestion to bring this item back for
Agency consideration after a competitive bid. Furthermore, he requested that staff bring back a
policy for consideration on when to use consultants and when to extend contracts, and the timing
that these items are brought to the Council for consideration, and suggested that contracts should
not be brought forward immediately prior to their expiration.
Chair Cox clarified that the independent financial review of April 2007 was done by EPS and
was a separate and distinct contract from the contract before the Council for the Merged Project
Area, and a separate and distinct contract from the contract to inform the voters regarding the
height initiative.
Agency Member Mayor Rindone requested in the future, that recommendations by staff to waive
the formal consultant selection process, be clarified in the staff report, providing the reasons for
waiving the selection process. He spoke in support of withdrawing the item and going out to bid.
It was the consensus of the council to table Item 5B.
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Agency Member Ramirez returned to dais at 7:25 pm, and Agency Member McCann returned at
7:36 pm.
PUBLIC COMMENTS
Janice Jentz, Chula Vista resident, stated there was a need for truth in campaigning, and spoke in
support of the work by her father, Earl Jentz, in his efforts to make a difference in the community
with his support of Proposition E.
Duraid Dalli, El Cajon resident, owner of Freeway Auto Wrecking in Chula Vista, eXplained that
his business license was denied by the City's Police Department, and requested assistance from
the Council on the matter. Mayor Cox referred the matter to Captain Don Hunter who was
present at the meeting.
Theresa Acerro, ChuJa Vista resident, spoke regarding negative campaigns against Proposition E,
and the need for the voters to organize groups in order to protect their neighborhoods and to have
a greater voice.
Parks Pemberton, Chula Vista resident, gave accolades for Earl Jentz, and spoke in support of
Proposition E.
At 7:36 p.m., Mayor/Chair Cox recessed the meeting. The meeting reconvened at 7:59 p.m.
with all members present.
PUBLIC HEARING - City Council, Redevelopment Agency and Housing Authority
6. CONSIDERATION BY THE CITY COUNCIL, REDEVELOPMENT AGENCY AND
HOUSING AUTHORITY OF THE ADOPTION OF THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY AND THE REDEVELOPMENT
AGENCY AND THE OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR
FISCAL YEAR 2008/2009
The City Council has received and considered the City Manager's proposed operating and
capital improvement budgets for the City and the Redevelopment Agency and the
operating budget for Housing Authority for the fiscal year ending June 30, 2009. Work
sessions were held on March 6, April 3, and April 15,2008 to consider and deliberate on
the recommendations contained in the proposed budgets. The budgets submitted at this
time for formal adoption represent the City Managers proposed budgets, as presented in
the Fiscal Year 2008/2009 proposed budget document, amended to reflect various clean-
up items. (Budget & Analysis Director)
Mayor/Chair Cox opened the public hearing.
Interim City Attorney Miesfeld spoke with respect to Item 6E stating that due to conflicts of
interest on the item by Agency Members McCann, Ramirez, and Rindone, a quorum of members
without conflicts could not be convened, and it was legally impossible for a decision to be made
without participation by some of the disqualified members. Therefore, in order to determine
which members would participate on the item, names would be randomly selected from among
the disqualified members. Item 6E required a 3/5ths vote, resulting in the random selection of
one name from the disqualified members. Deputy City Clerk Bennett then drew one of the three
names, and Interim City Clerk Norris announced that Agency Member Rindone would
participate on Item 6E.
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DRAFT
PUBLIC HEARINGS (Continued)
City Manager/Executive Director Garcia provided introductory remarks on the proposed budget.
Director of Budget and Analysis VanEenoo and Finance Director/Treasurer Kachadoorian
presented a detailed overview ofthe Proposed Fiscal Year 2008/2009 budget.
Council/Agency Member Ramirez stated that he was not inclined to support of the proposed
budget since he believed the revenue projections were too optimistic, and the reserve levels did
not meet the Council Policy requiring an eight-percent reserve level. He stated that reserve
levels should be used for emergencies and not for balancing the budget.
Council/Agency Member Rindone stated that it was the Council/Agency's fiduciary
responsibility to adopt a budget, and he believed that the budget met the realistic needs of the
community. He then asked staff about the status of GASB Statement No. 45, (Accounting and
Financial Reporting by Employers for Postemployment Benefits Other Than Pensions). Finance
Director/Treasurer Kachadoorian responded that the unfunded liabilities would be disclosed in
the financial statements dated June 30, 2008. In response to a request by Council/Agency
Member Rindone, Finance Director/Treasurer Kachadoorian stated that staff would report back
to the Council in 30 days with options for reducing the unfunded liabilities, including
information on what other cities were doing.
Council/Agency Member McCann spoke in support of the proposed budget, with the
understanding that there is a need to continue to maintain a balanced budget, look at ways to
bring in new revenue, and build the reserves back up.
Mayor/Chair Cox advised against further cuts at this time in order to reach an eight percent
reserve level. She asked staff why there was no line item for reserves in the budget. City
ManagerlExecutive Director Garcia responded that it had not been the practice by the City to set
up a separate line item for the reserves, but instead, a floating number, based upon fund balances.
He stated that staff would look at changing that practice for the next budget cycle.
Council/Agency Member Castaneda spoke in support of the proposed budget, with a request to
the City Manager for a contingency plan on how to deal with the four million dollars in
additional cuts needed to bring the reserve level up to eight percent.
There being no members of the public who wished to speak, Mayor Cox closed the public
hearing.
ACTION:
Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-145,
heading read, text waived:
A.
RESOLUTION NO. 2008-145, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA
EXCLUDING CAPITAL PROJECTS SW255 AND STL340 FOR FISCAL YEAR
2008/2009 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR
ENDING JUNE 30, 2009
Councilmember McCann seconded the motion and it carried 5-0.
Page 8 - Council/RDA/HA Minutes
June 10.2008
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DRAFT
PUBLIC HEARING (Continued)
ACTION:
ACTION:
ACTION:
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-146,
heading read, text waived:
B.
RESOLUTION NO. 2008-146, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT
BUDGET FOR PROJECT SW255 FOR FISCAL YEAR 2008/2009 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2009
Deputy Mayor Rindone seconded the motion, and it carried 3-0-2, with Mayor
Cox and Councilmember Castaneda abstaining.
Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-147,
heading read, text waived:
c.
RESOLUTION NO. 2008-147, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT
BUDGET FOR PROJECT STL340 FOR FISCAL YEAR 2008/2009 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2009
Councilmember McCann seconded the motion and it carried 4-0-1, with
Councilmember Ramirez abstaining.
Deputy Mayor Rindone moved to adopt the following Resolution No. 2008-148,
heading read, text waived:
D.
RESOLUTION NO. 2008-148, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION
AND ELIMINATION OF VARIOUS POSITION TITLES AS REFLECTED IN
THE FISCAL YEAR 2008/2009 OPERATING BUDGET
Councilmember McCann seconded the motion and it carried 5-0.
Chair Cox moved to adopt the following Agency Resolution No. 2008-1997,
heading read, text waived:
E.
RESOLUTION NO. 2008-1997, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING
AND CAPITAL IMPROVEMENT BUDGET FOR THE REDEVELOPMENT
AGENCY FOR THE SOUTHWEST/TOWNE CENTER II/OT A Y
VALLEY/ADDED AREA PROJECT AREA FOR FISCAL YEAR 2008/2009,
AND APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING JUNE 30,
2009
Agency Member Castaneda seconded the motion and it carried 3-0-2, with Agency
Members McCann and Ramirez abstaining.
Page 9 - Council/RDA/HA Minutes
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June J 0, 2008
DRAFT
PUBLIC HEARING (Continued)
ACTION:
ACTION:
ACTION:
Agency Member Rindone moved to adopt the following Agency Resolution No.
2008-1998, heading read, text waived:
F.
RESOLUTION NO. 2008-1998, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING
AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT
AGENCY FOR TOWNE CENTER I AND THE BA YFRONT PROJECT AREAS
FOR FISCAL YEAR 2008/2009 AND APPROPRIATING FUNDS FOR THE
FISCAL YEAR ENDING JUNE 30, 2009
Agency Member McCann seconded the motion, and it carried 4-0-1, with Agency
Member Castaneda abstaining.
Authoritymember Ramirez moved to adopt the following Housing Authority
Resolution No. 2008-037, heading read, text waived:
G.
RESOLUTION NO. 2008-037, RESOLUTION OF THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE
OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL
YEAR 2008/2009 AND APPROPRIATING FUNDS FOR THE FISCAL YEAR
ENDING JUNE 30, 2009
Authoritymember Castaneda seconded the motion and it carried 5-0.
Mayor Cox moved to place the following Ordinance on first reading, heading read,
text waived:
H.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ELIMINATE THE
FOLLOWING TITLES - ASSISTANT DIRECTOR OF ENGINEERING AND
GENERAL SERVICES/CITY ENGINEER, CBAG METHAMPHETAMINE
STRIKE FORCE COORDINATOR, CHIEF LEARNING OFFICER,
COMMUNITY RELATIONS MANAGER, CULTURAL ARTS & FUND
DEVELOPMENT MANAGER, BUILDING SERVICES MANAGER, DEPUTY
DIRECTOR OF ENGINEERING, DEPUTY DIRECTOR OF GENERAL
SERVICES, DEPUTY DIRECTOR OF PLANNING, DEPUTY FIRE CHIEF,
DEVELOPMENT PLANNING & IMPROVEMENT MANAGER, PLANNING
MANAGER, REDEVELOPMENT MANAGER; GRANTS DEVELOPMENT
MANAGER, ENERGY SERVICES MANAGER, AND EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC;
AND TO ADD THE FOLLOWING TITLES - ASSISTANT FIRE CHIEF,
ASSISTANT DIRECTOR OF ENGINEERING, EXECUTIVE ASSISTANT TO
THE CITY MANAGER; AND SPECIAL PROJECTS MANAGER (FIRST
READING) (4/5THS VOTE REQUIRED)
Deputy Mayor Rindone seconded the motion and it carried 5-0.
Page 10 - Council/RDAlHA Minutes
II) 10
June J 0, 2008
DRAFT
OTHER BUSINESS - City Council, Redevelopment Agency and Housing Authority
7. CITY MANAGER/EXECUTIVE DIRECTOR'S REPORTS
There were none.
8. MAYOR/CHAIR'S REPORTS
Mayor/Chair Cox stated that for the seventh straight year in a row, the City was the recipient of
the Certificate of Achievement for Excellence in Financial Reporting; she extended her gratitude
to the staff on behalf of the Council. She announced that due to the recent Citywide budget cuts,
the Chamber of Commerce would not be hosting the Celebrate Chula Vista event this year, and
there would be no fireworks in the City. She expressed regret, but reassured the constituents that
the Council valued celebrations, and when the economic status improved, those celebrations
could be reinstated. She wished everyone a safe Fourth of July celebration.
9. COUNCIL/AGENCY/AUTHORITY MEMBERS' COMMENTS
Council/Agency/Authoritymember McCann wished his Father and all Fathers a happy Father's
Day.
CouncillAgency/Authoritymember Rindone spoke about his recent attendance at the League of
California Cities conference, and noted that the next League conference would be held in San
Diego in 2009, with the major topic of focus on going "green". To that end, he suggested that
the City take the lead on the subject.
The Council convened in Closed Session at 9:54 p.m.
CLOSED SESSION - City Council
10. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
City Attorney
No reportable action was taken on this item.
I J. CONFERENCE WITH NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6
City Negotiators: City Council and City Attorney
No reportable action was taken on this item.
Page 11 - CouncilfRDAlHA Minutes
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June 10.2008
DRAFT
CLOSED SESSION (Continued)
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
A. Lori Kneebone. et al.. v. Donna Norris, et aI., San Diego Superior Court Case No.
37-2008-000708 I 9-CU- WM-SC
B. City and County of San Francisco v. Microsoft Corp., District Court for the
District of Maryland, Case No. ]332.
No reportable action was taken on these items.
ADJOURNMENT
At ] ] :20 p.m., Mayor Cox adjourned the City Council Meeting to the Regular Meeting of June
] 7, 2008 at 6:00 p.m. in the Council Chambers and thence to the Regu]ar Meeting of July 8,
2008. The meetings of June 24, Ju]y ], and July 3, 2008 were cancelled in accordance with the
Chula Vista Municipa] Code. The Redevelopment Agency was adjourned to the Regular
Meeting of June] 7,2008, and the Housing Authority was adjourned until further notice.
~
Lorraine Bennett, CMC, Deputy City Clerk
-'
Page 12 - Council/RDA/HA Minutes
June 10, 2008
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
June 17,2008
6:00 P.M.
A regular meeting of the City Council of the City ofChula Vista was called to order at 6:03 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, Interim City Attorney Miesfeld, Interim City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO HELYN SLOAN,
2008/2009 PRESIDENT OF ALTRUSA INTERNATIONAL OF CHULA VISTA.
COMMENDING THE CLUB ON ITS 50TH ANNIVERSARY .
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Ms. Sloan.
. PRESENTATION BY SARAH JOHNSON, REDEVELOPMENT AND HOUSING
PROJECT COORDINATOR, OF THE SOUTHWEST UNITED IN ACTION
PROGRAM
Assistant Director of Redevelopment and Housing Crockett announced that the Seniors on
Broadway Project, developed by the Metropolitan Area Advisory Committee (MAAC), were
recently awarded the San Diego Housing Federation Housing Project of the Year. He then
introduced the award recipients Arnulfo Manriquez and Angelica Munoz, who displayed the
award to the Council and spoke about the affordable housing project.
Staffmember Crockett then introduced Sara Johnson, Redevelopment and Housing Project
Coordinator, stating that Sarah would be leaving the City to pursue her graduate studies at
Princeton University. Staffmember Johnson then gave a presentation on the March 15th
Southwest United in Action community outreach program that addressed the vision for
southwest Chula Vista, values, and community action plans. She stated that the Phase II
community event was scheduled for June 21, 2008, from II :00 a.m. to 2:00 p.m., at the Lorna
. Verde Recreation Center, 1420 Lorna Lane. Mayor Cox thanked Sara for her work with the
Southwest United in Action program, and wished her well on her future endeavors. Staffmember
Crockett also thanked Sara for her work on implementing the Southwest Action Plan and
presented her with a plaque to recognize her efforts.
Page] - Council Minutes
June 17, 2008
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DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
. REPORT ON STATE ROUTE 125 BY GREG HULSIZER, CHIEF EXECUTIVE
OFFICER OF SOUTH BAY EXPRESSWAY LTD., AND RICHARD HOPKINS,
ENGINEERING DIRECTOR
Assistant Director of Engineering/City Engineer Hopkins introduced Greg Hulsizer, Chief
Executive Officer, South Bay Expressway who gave a brief presentation and update on the toll
expressway.
Principal Civil Engineer Rivera then gave a report on the implications of the toll road on local
street networks.
At 6:44 p.m., Mayor Cox announced that Item 15 would be taken out of order with respect to the
video presentation by Councilmember Ramirez and was discussed at this time.
15. COUNCIL COMMENTS
Councilmember Ramirez:
Video Presentation entitled, "Our Global Future, Values For Survival"
Alma Aguilar, Professor of Behavioral and Social Sciences at Southwestern College, thanked
Councilmember Ramirez for the opportunity to showcase the efforts of some dedicated students
in connection with their electronic waste collection project. She then spoke about the project and
recognized Theresa Velasquez, founder and President of the Environmental and Technology
Club, whose efforts were instrumental in four electronic waste collections, and she also thanked
City staff Lynn France and Manuel Madrano, and Jeff Janos, representing Callie Resources Inc.
for their participation with the waste collection project. She then introduced Leticia Diaz, the
new Student Body President. A video about the recycling program was then presented to the
Council.
CONSENT CALENDAR
(Items 1 through 11)
Item 4 was removed from the Consent Calendar for discussion by a member of the public. With
respect to Item 11, Mayor Cox noted a typographical error in the Resolution title and request by
staff to replace the words "abandoned foreclosed" to "Real Estate Owned". Councilmember
Castaneda stated he would be abstaining from voting on Item 7B, due to the proximity of his
residence to the districts. Councilmember McCann stated he would be abstaining from voting on
Item 7 A, due to the proximity of his residence to the districts. Councilmember Ramirez stated
that he would abstaining from voting on Item 4, due to a potential conflict of interest, and he
requested that Item 6 be removed from the Consent Calendar for discussion. Deputy Mayor
Rindone stated that he would be abstaining from voting on Item 2A.
1. APPROVAL OF MINUTES of May 6 and May 13,2008.
Staff recommendation: Council approve the minutes.
Page 2 - Council Minutes
June 17,2008
/e-2.
DRAFT
CONSENT CALENDAR (Continued)
2. WRlTTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence from
the Joint City Council, Growth Management Oversight Commission, and
Planning Commission Meeting of June 5, 2008.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Steven Zasueta, member of the Housing Advisory
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. ORDINANCE NO. 3115, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ELIMINATE THE
FOLLOWING TITLES - ASSISTANT DIRECTOR OF ENGINEERlNG AND
GENERAL SERVICES/CITY ENGINEER, (CBAG) METHAMPHETAMINE STRlKE
FORCE COORDINATOR, CHIEF LEARNING OFFICER, COMMUNITY
RELATIONS MANAGER, CULTURAL ARTS & FUND DEVELOPMENT
MANAGER, BUILDING SERVICES MANAGER, DEPUTY DIRECTOR OF
ENGINEERlNG, DEPUTY DIRECTOR OF GENERAL SERVICES, DEPUTY
DIRECTOR OF PLANNING, DEPUTY FIRE CHIEF, DEVELOPMENT PLANNING
& IMPROVEMENT MANAGER, PLANNING MANAGER, REDEVELOPMENT
MANAGER; GRANTS DEVELOPMENT MANAGER, ENERGY SERVICES
MANAGER, AND EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY/CEO OF THE CVRC; AND TO ADD THE FOLLOWING TITLES -
ASSISTANT FIRE CHIEF, ASSISTANT DIRECTOR OF ENGINEERlNG,
EXECUTIVE ASSISTANT TO THE CITY MANAGER; AND SPECIAL PROJECTS
MANAGER (4/5THS VOTE REQUIRED, SECOND READING AND ADOPTION)
Adoption of the ordinance amends Chula Vista Municipal Code Section 2.05.010 by
eliminating unclassified positions no longer utilized and adding current positions that had
not been included. This ordinance was introduced on June 10,2008. (Human Resources
Director)
Staff recommendation: Council adopt the ordinance.
4. This item was removed from the Consent Calendar.
5. RESOLUTION NO. 2008-151, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR AUTO PARK NORTH TENTATIVE PARCEL
MAP 03-03 (DEDICATED EASEMENT)
Adoption of the resolution allows and obligates the Chula Vista Auto Park Association to
perpetually maintain the landscape and hardscape within the City right-of-way for the
commercial development project known as Auto Park North. (Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
June 17, 2008
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DRAFT
CONSENT CALENDAR (Continued)
6. This item was removed from the Consent Calendar.
7. This item was removed from the Consent Calendar.
8. RESOLUTION NO. 2008-155, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RENEWAL OF AN AGREEMENT
WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE JOINT
USE OF THE LIBRARY FACILITY AT EASTLAKE HIGH SCHOOL
The agreement between the City of Chula Vista and the Sweetwater Union High School
District, providing for the joint use of the Eastlake High School Library, expires on June
30, 2008. A new agreement to continue this popular collaborative venture has been
negotiated and is scheduled to be approved by the Sweetwater District Board on June 16,
2008. (Library Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2008-156, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2008/2009
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA
VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS
(DASH) AFTER SCHOOL PROGRAM, AND THE SAFE TIME FOR RECREATION,
ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED
SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR
TO EXECUTE THE MOU
The current Memorandum of Understanding (MOU) between the City and the Chula
Vista Elementary School District, in effect until June 30, 2008, authorizes the operation
of two after school programs at elementary school sites. The STRETCH Program, with
its emphasis on literacy and arts enrichment, is currently offered at seven district schools,
and a structured sports and recreation program called DASH, at 26 district schools.
Adoption of the resolution approves the Fiscal Year 2008/2009 MOU. (Library Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2008-157, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR CALHOME PROGRAM FUNDS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
AGREEMENTS AND RELATED DOCUMENTS
Page 4 . Council Minutes
June 17,2008
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DRAFT
CONSENT CALENDAR (Continued)
Adoption of the resolution authorizes the submittal of an application on behalf of the City
by its partner, Community HousingWorks, to the State of California for CalHome funds
to increase available funding for the City's Down Payment and Closing Costs Assistance
Program. If approved, up to $900,000 in State grant funds will be used by the City to: I)
leverage the federal HOME Investment Partnerships Program funds; 2) maximize the
number of first-time homebuyers assisted by the City; and 3) infuse additional funding
into the City's existing first-time homebuyer programs. (Redevelopment & Housing
Assistant Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2008-158, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY AND COMMUNITY HOUSINGWORKS TO
ADD THE OPERATION OF A PILOT HOMEOWNERSHIP PROGRAM FOR REAL
ESTATE OWNED PROPERTIES TO THE SCOPE OF WORK, AUTHORIZING THE
CITY MANAGER TO EXECUTE THE FIRST AMENDMENT, ESTABLISHING A
NEW, NON-CIP PROJECT, AND APPROPRIATING $300,000 OF AVAILABLE
HOME INVESTMENT PARTNERSHIP FUNDS TO THAT PROJECT (4/5THS VOTE
REQUIRED)
In response to the increase in vacant, bank-owned properties, the City is proposing a pilot
homeownership program to use targeted homeownership assistance for pre-approved low
income buyers to buy vacant real estate owned properties. The City has unallocated
HOME Investment Partnership funds available to fund this program. Last year
Community HousingWorks was selected to administer the City's Downpayment and
Closing Cost Assistance Program, and adoption of the resolution amends the Scope of
Work of the original agreement to add this new program. (Redevelopment & Housing
Assistant Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor Rindone moved to adopt the balance of the Consent Calendar,
headings read, texts waived. Mayor Cox seconded the motion and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
At 7:01 p.m., Councilmember Ramirez left the dais.
4. A. RESOLUTION NO. 2008-149, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS AND
APPROVING AGREEMENTS WITH DR. BISCHEL, DVM FOR PROVISION OF A
VETERINARY PREMISE PERMIT AND VETERINARY SERVICES AND WITH DR.
JIANNUZZI, DVM FOR ON-SITE VETERINARY SERVICES AT THE CHULA
VISTA ANIMAL CARE FACILITY AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENTS
Page 5 - Council Minutes
June 17. 2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)'
B. RESOLUTION NO. 2008-150, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007/2008 BUDGET BY
TRANSFERRING $142,800 FROM UNANTICIPATED ANIMAL CARE FACILITY
PERSONNEL SALARY SAVINGS TO SERVICES AND SUPPLIES FOR
CONTRACTUAL VETERINARIAN SERVICES (4/5THS VOTE REQUIRED)
Adoption of the first resolution approves an agreement with Dr. Kendra Jiannuzzi for the
provision of on-site veterinary services Monday through Friday, and an agreement with
Dr. Ginny Bischel to provide the California Veterinary Premise Permit and facility
management in the absence of a permanent Animal Control Manager. The second
resolution authorizes the transfer of salary savings from the Animal Control Manager's
vacant position to offset veterinarian expenditures in the amount of $142,800 to be
incurred December 28, 2007 through June 30, 2008. This item was continued from the
meeting of June 10,2008. (Public Works Director)
Staff recommendation: Council adopt the resolutions.
Laura Backe, National City resident, commented that staff had attempted to address her
questions and concerns from the Council Meeting of June 10, 2008, about the Chula Vista
Animal Care Facility, stating that she was hopeful of continued open and honest communications
between the City, the animal care volunteers, and the animal care facility consultants. She spoke
in support of the proposed resolution.
Deputy Mayor Rindone thanked Ms. Backe for her comments, stating that the Council shared her
concerns and would continue to monitor the progress of the Animal Care Facility and its care and
treatment of the animals.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution Nos. 2008-149 and 2008-150,
headings read, texts waived. Councilmember Castaneda seconded the motion and
it carried 4-0-1, with Councilmember Ramirez abstaining.
Councilmember McCann thanked the volunteers for their work at the animal shelter.
Mayor Cox announced that the Animal Care Facility was seeking volunteers to provide foster
care for kittens, and anyone interested in the program could contact City staff at 397-6000.
Councilmember Ramirez returned to the dais at 7:08 p.m.
6. RESOLUTION NO. 2008-152, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE AND REPLACEMENT OF THE POOL HEATER AT THE
LOMA VERDE RECREATION CENTER TO HORIZON MECHANICAL IN THE
AMOUNT OF $77.145, WHICH WILL BE FUNDED THROUGH CAPITAL
IMPROVEMENT PROJECT GG202 AND REIMBURSED THROUGH THE
CALIFORNIA ENERGY COMMISSION LOAN PROGRAM
Page 6 - Council Minutes
June 17,2008
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued)
The failure of the pool heaters at Lorna Verde Recreation Center was brought to the
attention of Engineering and General Services staff in January 2008. It was determined
that a simple replacement of the main boiler would not be a long term solution to the
failure. Bids were received on May 15, 2008, and adoption of the resolution awards the
bid to Horizon Mechanical. (Engineering Director)
Staff recommendation: Council adopt the resolution.
Councilmember Ramirez recognized and thanked Mr. David Beckman, a pool and equipment
manufacturer, who provided boilers and hardware to the City at cost that had resulted in a 50%
savings for the City. He also commended City staff for their work with obtaining tax credits and
energy efficiency loans that had resulted in the installation of the recreation center heating
equipment with no fiscal impact to the City's General Fund.
ACTION:
Councilmember Ramirez moved to adopt Resolution No. 2008-152, heading read,
text waived. Mayor Cox seconded the motion and it carried 5-0.
7. A. RESOLUTION NO. 2008-153, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 1 THROUGH II, 14, 15, 17, 18,20,23,24,26,31 AND 33, EASTLAKE
MAINTENANCE DISTRICT NO.1, AND BAY BOULEVARD MAINTENANCE
DISTRICT; DECLARING THE INTENTION TO LEVY AND COLLECT THE
ASSESSMENT: AND SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
ACTION:
Deputy Mayor Rindone moved to approve staff recommendation and adopt
Resolution No. 2008-153, heading read, text waived. Councilmember Castaneda
seconded the motion and it carried 4-0-1, with Councilmember McCann
abstaining.
B. RESOLUTION NO. 2008-154, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2008/2009 SPREAD OF ASSESSMENTS FOR THE TOWN CENTRE
MAINTENANCE DISTRICT; DECLARING THE INTENTION TO LEVY AND
COLLECT THE ASSESSMENT; AND SETTING A PUBLIC HEARING
REGARDING THE ASSESSMENT
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for Fiscal Year 2008/2009 will enable
the City to collect sufficient funds to provide these ongoing services. (Engineering
Director)
Staff recommendation: Council adopt the resolutions and set the public hearing for
July 8, 2008 at 6:00 p.m.
ACTION:
Deputy Mayor Rindone moved to approve staff recommendation and offered
Resolution No. 2008-154, heading read, text waived. Councilmember Ramirez
seconded the motion and it carried 4-0-1. with Councilmember Castaneda
abstaining. .
Page 7 - Council Minutes
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June 17. 2008
DRAFT
PUBLIC COMMENTS
Steve Eastis, representing the Third Avenue Village Association (T A VA) invited the community
to attend the upcoming "Pet Fest" event on June 21, 2008. He then spoke about the success of
the recent biking event, and he thanked the City for its continued work with T A V A.
Willard Howard, Chula Vista resident, was concerned about the City's cancellation of the July
4th fireworks display as a result of budget reductions, stating that the event was a patriotic,
national American holiday that should be supported by fireworks.
PUBLIC HEARINGS
12. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
The Police department has received notice of an Edward Byrne Memorial Justice
Assistance Grant award in the amount of $31 ,860 from the Bureau of Justice Assistance.
Acceptance and appropriation of these funds requires a public hearing per the Justice
Assistance Grant. (Police Chief)
Police Chief Emerson introduced the item, explaining that the funding would be earmarked for
portable radios for the department.
Mayor Cox opened the public hearing. There being no members ofthe public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt the following Resolution No. 2008-159,
heading read, text waived:
RESOLUTION NO. 2008-159, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $31,860 FROM THE BUREAU OF JUSTICE
ASSISTANCE FOR THE 2008 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT AND AMENDING THE FISCAL YEAR 2008/2009
ADOPTED BUDGET BY APPROPRIATING SAID FUNDS TO THE LOCAL LAW
ENFORCEMENT BLOCK GRAND FUND (4/5THS VOTE REQUIRED)
Councilmember Ramirez seconded the motion and it carried 5-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
There were none.
Page 8 - Council Minutes
I .'" / ~
I ./. t5
June 17,2008
DRAFT
OTHER BUSINESS (Continued)
]4. MAYOR'S REPORTS
Mayor Cox commented that it was regrettable that the City would be unable to finance the July
4th fireworks display, and she encouraged anyone with concerns about the lack of a fireworks
display in Chula Vista, and who may have means to contribute towards a future fireworks
display, to contact the Mayor's Office. She announced that the Phase II Southwest United in
Action event would be conducted on June 2], 2008, from 11:00 a.m. to 2:00 p.m., at Lorna
Verde Recreation Center. She also recognized the recent success of the Boys and Girls Club
fundraiser event.
]5. COUNCIL COMMENTS (Continued)
Councilmember Ramirez commented on the "Snores and Smores" event he attended together
with his daughter, thanked the Recreation staff on the success of the event, and encouraged the
community to attend such future events. He also recognized and thanked the San Diego
Astronomy Association for their participation at event.
Councilmember Castaneda spoke about the Council's support last year of Senate Bill 45] that
would have permitted the City to generate electricity through renewable means, particularly wind
and solar, on public property. The Bill was however unsuccessful. He stated that Assembly Bill
2466, similar to SB-45], was being brought forward this year, and he requested that the City's
Legislative staff look at the Bill and bring an update back to the Council for its consideration to
take a formal position.
Deputy Mayor Rindone congratulated the U.S. Olympic Training Center for hosting the men's
BMX Olympic trials. He recognized competitor and Olympic qualifier Mike Day, who had
trained for 365 consecutive days to compete in the trials, stating that it showed Mike's
remarkable dedication, and that he would be rooting for him at the Beijing Olympics. He
commented on the success of the recent Boys and Girls Club Fundraiser, and thanked Brett
Davis, event coordinator, and Tony Rasso, owner of La Bella's Restaurant for dinner donations
at the event. He spoke about his recent attendance at the Bio 2008 Conference at the San Diego
Convention Center and encouraged the Council to attend the event.
The Council convened in Closed Session at 7:3] p.m.
CLOSED SESSION
]6. A. CONFERENCE WITH LEGAL COUNSEL REGARDING EX]STING LIT]GATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Christian Morales v. Citv of Chula Vista. et al. United States District Court, Case No.
07CVO]86JM (WMc)
No reportable action was taken on this item.
Page 9 - Council Minutes
Ie -'7
June 17. 2008
DRAFT
CLOSED SESSION (Continued)
B. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGA nON PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One case
No reportable action was taken on this item.
ADJOURNMENT
At 8:25 p.m., Mayor Cox adjourned the meeting in memory of Austin Sawicki who tragically
lost his life in a construction accident on the bayfront. The next Regular Meeting was scheduled
for July 8, 2008 at 6:00 p.m. in the Council Chambers. The meetings of June 24, July I and 3,
2008 were cancelled in accordance with the Chula Vista Municipal Code.
. ----
c~
~
/'
Lorraine Bennett, CMC, Deputy City Clerk
Page 10 - Council Minutes
1::--: /'J
1':"/- c/
June] 7.2008
~v?-
~
~~--~
......~- -
Mayor and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5044
(619) 476-5379 FAX
CITY OF
(HUlA VISTA
MEMO
Date: July 31, 2008
TO:
FROM:
Honorable Mayor & City Council
Jerry R. Rindone, Deputy M~.
Request for Excused Absence
SUBJECT:
I respectfully request an excused absenc~ from the Joint City Council
and Redevelopment Agency meeting of Tuesday, July 22, 2008 due
to my participation in the Transportation Workshop.
'2-,A,
.
I Jul 31 2008 8:53
.:
'.
I.
I
CASRS LAW GROUP, P. C.
619-692-3196
p. 1
July 29, 2008
1 ~ 1,1,; ~ II IYJ tb
: ~ IGUL'~;~-;~;i~)
..._..__.o",,--.J
".liNeJl. (\P~l""".'.
Mayor Cheryl Cox
The City of Chula Vista
Chula Vista Mayor and Council Office
276 Fourth Avenue
Chula Vista, CA 91910
Re: Resignation from Resource Conservation Commission
Desr Mayor Cox,
I have had the amazing opportunity to serve on the Resource Conservation Commission
over the past two years, I want to take this moment to thank you for your support, and ultimately
for appointing me to this position, I have been honored to serve the City of Chula Vista, its
people, and you. Recently, the demands on my life, both from family and work, have increased
dramatically, As such, it is v.':ith great regret that I must tender my resignation for your
consideration,
Thank you once more for your continued support. Please feel free to contact me should
you have any questions or concerns.
/);::;2
.d-- :/
CITY COUNCIL
AGENDA STATEMENT
-
AUGUST 5, 2008, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING THE USE OF LOCAL FUNDS
TO BALANCE THE STATE BUDGET
LEGIS LA TIVE SUBCOMMITTEE
CITY MANAGER Jh\t':
ASSISTANT CITY t'~AGER ~
4/5THS VOTE: YES D NO ~
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The California State Legislature has missed its Constitljtional deadline to pass a budget. As
the leaders of the Legislature debate fiscal policy, there has been discussion of invoking the
'severe fiscal hardship' provisions of Proposition IA and Proposition 42. This would result
in borrowing funds from local government which would not be required to be repaid to
cities and counties for three years.
ENVIRONMENTAL REVIEW
The Environmental Review coordinator has reviewed the proposed activIty for
compliance with the California Environmental Quality Act (CEQA) and has determined:
"The activity is not a 'Project' as defined under Section 15378 of the State CEQA
Guidelines; registering opposition to a State use of local funds does not result in a
physical change to the environment and the resolution addresses only State
fiscal/accounting policy; therefore, pursuant to Section 15060( c )(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary. "
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
3-1
-
AUGUST 5, 2008, Item :5
Page 2 of2
DISCUSSION
The Chula Vista City Council revised its 2007/2008 City Budget, and adopted the
2008/2009 budget after making many difficult choices to reduce or eliminate valuable
programs and services to the public. The General Fund budget was reduced by 16% and
authorized staff levels were cut by 12% in the course of this process.
The Legislature of the State of California has consistently avoided making these same
kinds of difficult decisions in recent years, relying instead on the use of one-time
revenues, borrowing funds, or shifting the dates by which they record revenues and
expenses to avoid the appearance of a budget deficit.
As the Legislature grapples "'1th a multi-billion dollar gap in the budget, they are once
again looking at diverting local government revenues to the State. Due to the
overwhelming voter approval of Proposition 42 in 2002 and Proposition IA in 2004 &
2006 to protect local resources, the State can only 'borrow' funds from cities and
counties. Further, the money may only be borrowed in cases of 'extreme fiscal hardship',
and must be repaid (with interest) in 3 years.
The Governor and the Budget Conference Committee have each proposed budgets that do
not rely on borrowing from local government, however the Legislature has rejected those
proposals and remains at an impasse. It is unlikely that the voters who passed
Propositions IA and 42 would consider the Legislators' inability to work together to
develop a balanced budget as an 'extreme fiscal hardship.'
The League of California Cities has asked its members to adopt formal Resolutions
opposing the use of local funds to balance the state budget, and to forward those
Resolutions to the Governor and other leaders in Sacramento. That resolution is
submitted to the Council with this Agenda Statement.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulation section 18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
Undetermined, but possibly significant. An action by the State to divertlborrow funds
that the Council has already accounted for in its adopted 2008/2009 budget would result
in a budget that is no longer balanced.
ATTACHMENTS
None.
Prepared by: Colleen M Carnevale, Government Relations Liaison, Office of the City Manager
3-2
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING THE USE OF LOCAL FUNDS TO
BALANCE THE STATE BUDGET
WHEREAS, on July 1, 2008, the State Legislature missed its Constitutional budget
deadline; and
WHEREAS, both the Governor and the Legislative Budget Conference Committee have
recommended balanced budgets without resorting to "loans" or seizures of local government
property tax, redevelopment tax increment or transportation sales tax funds; and
WHEREAS, in 1952, California voters approved Article XVI, Section 16 of the
California Constitution, providing for tax increment financing for community revitalization-not
balancing the state budget, and the voters never authorized the legislature to take or "borrow"
community redevelopment funds for state programs; and
WHEREAS, in 2002, 84 percent of California voters approved Proposition 42 to protect
transportation funding for state and local transportation projects, including important street
maintenance and public transit programs; and
WHEREAS, in 2004, 77 percent of California voters approved Proposition lA, a clear
signal to state leaders that they should stop taking local government funds to finance the state
budget and paper over the state deficit; and
WHEREAS, both ballot measures allow the Governor to declare a "severe state of fiscal
hardship" and borrow these funds if they are repaid in three years with interest; and
WHEREAS, refusal by the Legislature to carryout its constitutional obligation to
compromise on a balanced budget is not a "severe state of fiscal hardship" and does not justify
reductions in critical local services, community revitalization programs and infrastructure
maintenance as cities struggle to balance their own budgets during the current economic
downturn; and
WHEREAS, city investments in infrastructure, affordable housing and basic public safety
and other community services create jobs and speed California's economic recovery; and
WHEREAS, the Legislature should balance the state budget with state revenues and
respect the overwhelming support of voters for not using local property taxes, redevelopment tax
increment and transportation sales taxes to fund the day-to-day operating cost of state programs;
and
WHEREAS, the use of these funds does not correct the State's structural budget
imbalance but merely papers-over the deficit with more borrowing.
J:\Attomey\RESQILEGlSLATIVE10pposing use aflocul funds to balance slale bUdgel_08-05-0~~ ~c
Resolution No. 2008-
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista hereby opposes
any and all efforts by state government to "borrow" or seize local tax funds, redevelopment tax
increment and transportation sales tax funds to finance state operations.
Presented by
Approved as to form by
David R. Garcia
City Manager
J:'AltomeyIRESOILEGISLATIVE\Opposing use orlocal funds to balance state bUdgel_08-il:g1!!2t'_dOC
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~(ff:. CITY OF
-~ (HULA VISTA
Item No.: '7
Meeting Date: 8/05/08
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL CONSULTANT
SELECTION PROCESS, APPROVING THE FIRST
AMENDMENT TO AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA, MARION B. BORG ENVIRONMENTAL
CONSULTING AND MCMILLIN OTAY RANCH, LLC, FOR
MANAGING AND PROCESSING OF THE ENVIRONMENTAL
IMP ACT REPORT (EIR) FOR THE EASTERN URBAN
CENTER (EUC) SECTIONAL PLANNING AREA (SPA) PLAN
AND AUTHORIZNG THE MAYOR TO EXECUTE THE
AGREEMENT.
ACTING PLANN~N~?/~Rf)r.OR >>Jl,:).J::-
CITY MANAGER t~VY-
4/5THS VOTE: YES NO X
BACKGROUND
The item before the City Council is a request to approve the First Amendment to an existing
contract with Marion B. Borg Environmental Consulting for environmental consulting services
to extend the contract for an 12-month period from July 2008 through June 2009, to complete
work in preparation and processing of the Eastern Urban Center project. The First Amendment
is for an additional amount not to exceed $ 78,000, bring the total contract amount to $ 154,000.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it involves only
the approval of a contract for consulting services. Therefore, pursuant to Section 15060(c)(3) of
the State CEQA Guidelines the activity is not subject to CEQA, and no environmental review is
necessary.
4-1
Item No.:~
Meeting Date: 8/05/08
Page 2 of3
RECOMMENDATION
Adopt the Resolution waiving the formal consultant selection process, and approve the First
Amendment to the three-party agreement between City of Chula Vista, Marion B. Borg
Environmental Consulting and McMillin Otay Ranch LLC.
BOARDS/COMMISSION RECOMMENDATION: None.
DISCUSSION
Marion B. Borg has served as the Environmental Project Manager for the Eastern Urban Center
(EUC) project under an existing 3-party agreement for the past 18 months. The duration of that
3-party agreement was expected to be an adequate timeframe to track along with the processing
of the development application for the EUC. The complex nature of the EUC project has
necessitated an extension to the project's overall processing schedule. In order to provide
continuing environmental project management for the EUC, it has become necessary to amend
the duration of that contract. The amendment represents an additional $ 78,000 of services to
accommodate approximately 20 hours of work effort per week for an additional 12 months (July
1, 2008 through June 30, 2009). Since approval of the original 3-party agreement, the
consultant's hourly rate has increased from $ 95.00 to $ 100.00 and the mileage reimbursement
allowance has increased from $ 0.40 per mile to $ 0.49 per mile. Approval of the amendment
would reflect a total fee for services of $ 154,000 plus applicable reimbursables. Pursuant to
City Council Resolution No. 2006-276 (Conflict of Interest Code and Designating Filers for
Purposes of AB 1234) this 3-party agreement amendment includes an update to applicable
disclosure categories for the consultant.
For the past eight years, Marion B. Borg has provided professional services to the Planning and
Building Department as an Environmental Project Manager through both two-party and three
party contracts as an extension of staff. Due to project complexity, continuity of effort, and
availability of remaining environmental project managers on staff, staff recommends retaining
the consultant to process specifically the Eastern Urban Center SPA Plan EIR. City staff will
administer the contract and manage the consultant. The applicant McMillin Otay Ranch, LLC,
will fund the work and is aware and supportive of the proposed contract amendment.
Based on her experience with the City of Chula Vista, knowledge of the California
Environmental Quality Act (CEQA), and work on the EUC project for the past two years, Ms.
Borg is uniquely qualified for this sole-source contract. She also has the proven skills for
managing the preparation of complex multi-discipline environmental reports. In the recent past,
she has also managed the preparation of EIRs for both Village Two and Village Seven SPA
Plans in Otay Ranch. For these reasons, City staff recommends Council waive the formal
consultant selection process as described in Municipal Code Section 2.56.070.
4-2
Item No.: L\-
Meeting Date: 8/05/08
Page 3 of3
DECISION-MAKER CONFLICTS:
No Property within 500 feet:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMP ACT
There will be no net impact on the General Fund from this change in contract status. The change
in contract status represents an additional $78,000 of services to accommodate approximately 20
hours of work effort per week for an additional 12 months (July 1,2008 through June 30, 2009).
Approval of the amendment would reflect a total fee for services of$154,000. The contract cost
will be paid directly out of McMillin Companies existing deposit account.
Extension of this contract was not anticipated in the budget projections for the new Development
Services Fund. The new fund beginning with FY 08-09 assumed loss of all EUC consultants up
to 1040 billable hours by staff (20 hrs./week for 52 weeks), which hours mayor may not be
replaced by other FCR billable work over the next year. The overhead charged on the
administration of the consulting contract will be less than the FCR rates applied to staff hours
assumed in the budget. Those hours may be offset by other applications or other costs savings
achieved through frozen staff vacancies.
A TT ACHMENTS
I. Original Three-party Agreement between Marion 13,. Borg Environmental Consulting,
City ofChula Vista and McMillin Otay Ranch, LLC dated March 13,2007.
Prepared by: Joe Gamble, Landscape Planner II, Planning & Building Department
J:\PlanningVoeG\Borg Contract Amendment 8405-08 CC.doc
4-3
),...Tip<C I-tMEoN\ 1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORL'ffiY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
',-!LC-/ O~
Ann Moore
City Attorney
Dated: ~ Ii (0 7
t
Three Party Agreement
Between
City of Chula Vista,
Marion B. Borg Environmental Consulting, Consultant, and
,
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
With regard to Applicant's Eastern Urban Center Project
4-4
Three Party Agreement
Between
City of Chula Vista,
Marion B. Borg Environmental Consulting, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
1. Parties
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed by the parties hereto, between the City
of Chula Vista ("City") herein, a municipal corporation of the
State of California, the person designated on the attached
Exhibit A as "Consultant" Marion B. Borg Environmental Consulting
whose business form and address is indicated on the attached
Exhibit A, and the person designated on the attached Exhibit A as
"Applicant" McMillin Otay Ranch, LLC whose business form and
address is indicated on the attached Exhibit A, and is made with
reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner of land
("Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the
Project described on Exhibit A, Paragraph 2, and in that regard,
has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements")
described on Exhibit A, Paragraph 3. It is also anticipated
Applicant will make application with the City for approval of the
plan, map, zone, or other permits ("Entitlements") described on
Exhibit A, paragraph 4.
3PtyBorg-EDC 03-06-07.doc
Page 1
4-5
2.3.
Appl icant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 5, ("Work") will need to be completed.
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
II in-house Il staff
the time frame
or
2.5. This agreement proposes an arrangement by which
Applicant shall retain, and be liable for the costs of retaining,
Consultant, who shall perform the services required of Consultant
by this Agreement solely to, and under the direction of, the
City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit B;
3 . Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
,
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City,
and at Applicant's sole cost and expense, to perform to, and for
the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4,
entitled llGeneral Nature of Consulting Services n r (llGeneral
Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the
benefit of City all of the services described in Exhibit A,
Paragraph 5, entitled "Detailed Scope of Work", ("Detailed
Services"), and all services reasonable necessary to accomplish
said General Services and Detailed Scope of Work, and shall
deliver such documents required (IIDeliverablesn) herein, all
within the time frames herein set forth, and in particular as set
forth in Exhibit A, Paragraph 6, and if none are set forth,
within a reasonable period of time for the diligent execution of
3PtyBorg-EUC 03-06-07.doc
Page 2
4-=6
Consultant's duties hereunder. Time is of the essence of this
covenant.
The Consultant does hereby agree to perform said General and
Detailed Services to and for the primary benefit of the City for
the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder,
the Consultant shall do so in a good, professional manner
consistent with that level of care and skill ordinarily exercised
by members of the profession currently practicing under similar
conditions and in similar locations, at its own cost and expense
except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical,
administrative, professional and other personnel, all supplies
and materials, machinery, equipment, .printing, vehicles,
transportation, office space and facilities, calculations, and
all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or
proper to perform and complete the work and provide the Services
required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services
rendered by Consultant without regard to the conclusions reached
by the Consultant, and according to the terms and conditions set
forth in Exhibit C adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate
arrangement, by paying said amount to the City, within 15 days of
Consultant's billing, or in accordance with the security deposit
provisions of paragraph 3.3 and Exhibit C, if checked, and upon
receipt of such payment by the City, City shall promptly, not
later than 15 days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation UT.less
it receives same from Applicant. Applicant shall not make any
payments of compensation or otherwise directly to the Consultant.
3ptySorg-EUC 03-06-07.doc
Page 3
4-7
3.2.1. Additional Work. If the Applicant, with the
concurrence of City, determines that additional services
("Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the
Services Consultant is otherwise required to provide by this
Agreement, the Consultant agrees to provide such additional
services on a time and materials basis paid for by Applicant at
the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between
the parties.
3.2.1.1. In the event that the City shall
determine that additional work is required to be performed
above and beyond the scope of work herein provided, City
will consult with Applicant regarding the additional work,
and if thereupon the Applicant fails or refuses to arrange
and pay for said Additional Services, the City may, at its
option, suspend any further processing of Applicant's
Application until the Applicant shall deposit the City'S
estimate of the costs of the additional work which the City
determines is or may be required. Applicant shall pay any
and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction. Upon failure to agree, the Fixed
Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of
Consultant by Applicant, Applicant shall, upon execution of this
Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount!! with the City, as trustee for Consultant, the conditions
3ptyBorg-EUC 03-06-07.doc
Page 4
4-8
of such trust being as indicated on Exhibit C and as hereinbelow
set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to
retain from said Deposit all costs incurred by City for which it
is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the
Deposit Amount, if any, shall accrue to the benefit of, and be
used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one
or more of its various bank accounts, and upon doing so, shall
proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit
Amount, including any unused interest earned, shall be returned
to Applicant not later than 30 days after the termination of this
Agreement and any claims resulting thersfrom.
3.3.1.1.4.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
3.3.1.1.5. At such time as City shall
reasonably determine that inadequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City
may make demand of Applicant to supplement said Deposit Amount ig
such amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pays said amount ("Supplemental
Deposit Amount") to City. Said Supplement Deposit Amount or
Amounts shall be governed by the same terms of trust governing
the original Deposit.
3.3.2. Withholding of Processing.
3ptyBorg-EUC 03-06-07.doc
Page 5
4-9
In addition to use of the Deposit as security, in order
to secure the duty of Applicant to pay Consultant for Services
rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of
Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and
Employer's Liability Insurance coverage in the amount set forth
in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance
including Business Automobile Insurance coverage in the amount
set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or
rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the
City may otherwise carry ("Primary Coverage"), and which treats
the employees of the City and Applicant in the same manner as
members of the general public ("CrOSS-liability Coverage") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraqe.
4.2.1. Certificates of Insurance. Consultant shall
demonstrate proof of coverage herein required, prior to the
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commencement of services required under this Agreement, by
delivery of Certificates of Insurance demonstrating same, and
further indicating that the policies may not be canceled without
at least thirty (30) days written notice to the Additional
Insured.
4.2.2. Policy Endorsements Required. In order to
demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
4.2.3 Security for Performance - Performance Bond. In
the event that the need for a Consultant to provide a Performance
Bond arises, then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such
sureties which are authorized to transact such business in the
State of California, listed as approved by the United States
Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation
is sufficient to issue bonds in the amount required by the
agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be satisfactory
to the Risk Manager or City Attorney which amount shall be
indicated in an attachment as "Performance Bond" Exhibit.
4.3.
Public Statements.
All public statements and releases to the news media shall
be the responsibility of the City and the Applicant. The
Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the
study or after its completion, except on written concurrence of
the City and Applicant.
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
express consent of City_ The Consultant may request such
meetings with the Applicant to ensure the adequacy of services
performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the
City, for the use by the Consultant and City, such documents, or
copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in
performing the services herein required of Consultant, including
but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and
Consultant to enter and access the Property, to take any borings,
make any tests, conduct any surveys or reconnaissance necessary
to deliver the Services of Consultant, subject to the approval of
the Applicant. Consultant shall promptly repair any damage to
the subject property occasioned by such entry and shall
indemnify, defend, and hold Applicant harmless from all loss,
cost, damage, expenses, claims, and liabilities in connection
with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators")
indicated in Exhibit A, Paragraph 8, as said party's contract
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administrator who is authorized by said party to represent them
in the routine administration of this agreement.
7. Conflicts of Interest
7.1.
Consultant is Desiqnated as an FPPC Filer.
If Consultant is designated on Exhibit A, paragraph 9, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Policical Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to
the City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
7.2.
Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
7.3.
Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
7.4_
Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
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will not
the term
interest
acquirer obtain, or assume an economic interest during
or this Agreement which would constitute a conrlict or
as prohibited by the Fair Political Practices Act.
7.5.
Duty to Advise or Conrlicting Interests.
Regardless or whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney or City ir Consultant
learns or an economic interest or Consultant's which may result
in a conrlict or interest ror the purpose or the Fair Political
Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property
which is the subject matter of the Project, or in any property
within 10 radial miles from the exterior boundaries or the
property which is the subject matter or the Project, or
("Prohibited Interest").
Consultant further warrants and represents that no promise
of future employment, remuneration, consideratioTI1 gratuity or
other reward or gain has been made to Consultant or Consultant
Associates by Applicant or by any other party as a result of
Consultant's performance or this Agreement. Consultant promises
to advise City of any such promise that may be made during the
Term or this Agreement, or ror 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term or this
Agreement, or for 12 months after the expiration or this
Ag;reement.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
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conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if
the Consultant breaches this agreement or if the Consultant
refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its
completion within a reasonable period of time. Termination of
this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience,
Documents.
9.1. Notwithstanding any other section or provision of this
agreement, the CITY shall have the absolute right at any time to
terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the
CITY in the absence of default of the Consultant, the City shall
pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such
termination, less the aggregate of all sums previously paid to
the Consultant for services performed after execution of this
agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all
claims for damage or compensation arising under this agreement,
except as set forth herein, in the event of such termination.
9.4. In the event of termination of this agreement, and upon
demand of the City, the Consultant shall deliver to the City, all
field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in
performance of this agreement, and all such documents and
materials shall be the property of the City; provided however,
that the Consultant may retain copies for their own use and the
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Cicy shall provide a copy, ac Applicant's cosc, of all such
documencs co che Applicant.
9.5.
and shall
work.
Applicant shall have no righc to terminate Consultant,
not exercise any control or direction over Consultant's
10. Administrative Claims Requirement and Procedures
No suic shall be broughc arising out of this agreemenc,
against che City, unless a claim has first been presented in
writing and filed wich the City of Chula Vista and acted upon by
the Cicy of Chula Visca in accordance wich the procedures set
forth in Chapter 1.34 of the Chula Vista Municipal Code, che
provisions of which are incorporaced by chis reference as if set
fully set forth herein.
11. Hold Harmless and Indemnificacion
11.1.
Injuries.
Consultant to Indemnify City and Applicanc re
Consul cant shall defend, indemnify, protecc and hold
harmless the Cicy, ics elected and appointed officers and
employees and Applicant from and againsc all claims for damages,
liabilicy, cost and expense (including without limicacion
accorneys' fees) arising out of che conduct of the Consultant, or
any agent or employees, subcontraccors, or others of City or
Applicant in conneccion wich che execution of the work covered by
chis Agreemenc, excepc only for chose claims arising from che
sole negligence or sole willful misconduct of the Cicy, its
officers, or employees, or Applicant, Consultanc's
indemnification shall include any and all costs, expenses,
accorneys' fees and liabilicy incurred by the Cicy, its officers,
agents, or employees or Applicant in defending against such
claims, whecher the same prGceed co judgment or not. Furcher,
Consultanc ac ics own expense shall, upon written requesc by the
City or Applicant, defend any such suit or action brought against
the City, ics officers, agencs, or employees or Applicanc.
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Consultants' indemnification of City and Applicant shall not be
limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of
Consultant.
Applicant agrees to defend, indemnify and hold the City
harmless against and from any and all claims, losses, damages,
expenses or expenditures of City, including its elected
officials, officers, employees, agents, or representatives of the
City ("City Indemnitees"), in any way resulting from or arising
out of the refusal to pay compensation as demanded by Consultant
for the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City
and to otherwise comply with Chula Vista Municipal Code, Title 5.
Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code,
Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither
Consultant nor Applicant shall have authority to act as City's
agent to bind City to any contractual agreements whatsoever.
13 .2. Notices.
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit
A.
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13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event
not herein legally required to be given shall in itself create
the right in the parties to any other or further notice or demand
in the same', similar or other circumstances.
13.4. Entire Aqreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
13.5. CaDacityof Parties.
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal 'to enter into this
Agreement; that all resolutions or other actions have been taken
so as to enable it to enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if appl~cable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement
shall be effective unless the same shall be in writing and signed
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by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but all of which,
when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provlslon of this Agreement shall for
any reason, be determined to be invalid, illegal, or
unenforceable in any respect, the parties hereto shall negotiate
in good faith and agree to such amendments, modifications, or
supplements to this Agreement or such other appropriate action as
shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for
convenience only and shall not define or limit the provisions
hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single
failure or delay, or the partial exercise of any right, power or
privilege, on the part of the parties shall operate as a waiver
of any rights herein contained. The making or the acceptance of
a payment by either party with knowledge of the existence of a
breach shall not operate or be construed to operate as a waiver
of any such breach.
13.12. Remedies.
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The rights of the parties under this Agreement are
cumulative and not exclusive of any rights or remedies which the
parties might otherwise have unless this Agreement provides to
the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this
agreement may have an affect upon persons not parties hereto, the
parties specifically intend no benefit therefrom, and agree that
no performance hereunder may be enforced by any person not a
party to this agreement. Notwithstanding the foregoing, this is
a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services
paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics I 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), distribu:e, 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.
(End of Page. Next Page is Signature Page.)
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Signature Page
Now therefore, the parties hereto, having read and
understood the terms and conditions of this agreement, do hereby
express their consent to the terms hereof by setting their hand
hereto on the date set forth adjacent thereto.
Dated:
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Consultant:
Marion B. Borg Environmental
Consulting
Ann Moore
City Attorney
Dated:
by:
Dated:
Applicant:
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Companies, LLC,
A Delaware limited liability company
Its: Manager
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By:
Its:
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Page 18
Ex.~ibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the
processing of development applications, such as rezone,
environmental studies and precise plans, and
WHEREAS, Consultant warrants time on this project will be
billed at no more than the hourly rate the City bills for an
equivalent City Staff, and
WHEREAS, both City and Applicant agree to waive the formal
consultant selection process due to prior work on the same
project performed by Consultant while under a 2-party contract
with the City, thereby making it impractical to solicit formal
bids, and
WHEREAS, the Planning and Building Director has negotiated the
details of this agreement in accordance with procedures set forth
in the Chula Vista Municipal Code.
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Exhibit A
Reference Date of Agreement: March 13, 2007
Effective Date of Agreement: January 1, 2007
City of Chula Vista, 276 Fourth Avenue, Chu1a Vista, CA 91910
Consultant: Marion B. Borg Environmental Consulting,
Business Form of Consultant:
X) Sole Proprietorship
) Partnership
) Corporation
Address: 13904 San Sebastian Way, poway CA 92064
Applicant: McMillin Otay Ranch, LLC,
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 2750 Womble Road
San Diego, CA 92106
1. Property (Commonly known address or General Description)
The application covers that property generally known as
Eastern Urban Center, which is located in the central
portion of the Otay Valley Parcel of the Otay Ranch General
Development Plan area. The proposed Eastern Urban Center is
approximately 230 acres and is bounded by the proposed
alignments of Birch Road on the north, Hunte Parkway on the
south, Eastlake Parkway on the east, and SR-125 on the west.
Applicant is only applying for entitlements of their portion
of the ownership of subject property.
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2. Project Description ("Project"):
The project consists of a Second Tier Environmental Impact
Report (EIR) for the EUC SPA Plan. The EUC SPA Plan would
refine the plans, goals, objectives, and policies of the
otay Ranch GDP and the City of Chula Vista General Plan.
The SPA plan would be consistent with the GDP and General
Plan with a maximum development potential of 2,983
residential units and 3,497,000 square feet of non-
residential development, including office, commercial and
civic uses.
3. Entitlements applied for:
General plan Amendment, General Development Plan, Sectional
Planning Area (SPA) Plan, and Planned Community District
Zoning Regulations), Preliminary Grading Plan, Tentative
Subdivision Map, and Design Review.
4 . General Nature of Consulting Services (" Services --General") :
Consultant shall manage the preparation and processing of the
Environmental Impact Report (EIR) for the EUC project being
prepared by others in accordance witp the City of Chula Vista
Environmental Review Procedures; with the criteria, standards
and procedures of the California Environmental Quality Act
(CEQA) of 1970, as amended, (Public Resources Code Sections
21000 et seq.) and the CEQA Guidelines (Public Resources Code
Section 15000 et seq.); and with other applicable regulations,
requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. All work
performed by Consultant shall be to the satisfaction of City's
Planning & Building Director.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall manage all phases of preparation and processing of
the EIR for the EUC proj ect through the City. The primary
responsibility of Consultant is to manage the EIR consultant that
will prepare the EIR. The detailed services to be provided are
described below:
A. ErR Consultant Management
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1. Coordinate with EIR consultant regularly regarding
EIR scope, preparation and progress;
2. Monitor EIR consultant contract performance,
including deliverables, costs and schedule;
3. Review and edit all notices;
4. Review and edit all technical studies prepared by
EIR consultant;
5. Attend site visits with EIR consultant as
necessary; and
6. Review and edit all screencheck draft EIRs, draft
responses to comments, draft Findings and Statement
of Overriding Considerations (if required), and
draft Final EIR.
B. Other Project Processing Services
1. Coordinate with City staff assigned to the project;
2. Review and comment on the EUC SPA as it relates to
the EIR;
3. Distribute all public notices;
4. Review all technical studies prepared by applicant;
5. Compile staff comments on screencheck Draft EIRs
and technical studies;
6. Distribute Draft EIR for public review, including
public distribution, RCC and, Planning Commission;
7. Distribute Final EIR, including public agencies
that commented on the EIR, Planning Commission and
City Council;
8. Schedule staff meetings to discuss EIR issues;
9. Attend and prepare for team meetings and focus
group meetings;
10. Attend and prepare for the RCC meeting;
11. Attend and prepare for public hearings including
Planning Commission to close public review,
Planning Commission on the draft EIR and City
Council on the Final EIR; and.
12. Maintain project file for the duration of the
project, and close project file after the 3D-day
Notice of Determination statute of limitations
period has ended.
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
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Date for Commencement of Consultant Services:
(Xl Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Under direction of the Principal Planner, and will
function as an extension of City staff.
Dates for completion of all Consultant services:
June 30, 2008, or adoption of the EUC SPA Plan by City
Council.
7. Documents to be provided by Applicant to consultant:
SPA Plan, tentative map, technical studies submitted to City-
related to project.
8. Contract Administrators.
City: Richard M. Rosaler, AICP, Principal Planner, City of
Chula Vista Planning and Building Department, 276 Fourth Av,
Chula Vista, CA 91910, ph: (619)476-5394, FAX: (619)409-5859,
email: rrosaler@ci.chula-vista.ca.us.
Applicant: Todd Galarneau, Vice-President, McMillin Otay
Ranch, LLC, PO Box 85104, San Diego, CA 92186-5104, ph: (619)794-
1303, FAX: (619)336-3057 email: tgalarneau@mcmillin.com
Consultant: Marion B. Borg, Consultant, Marion B. Borg
Environmental Consulting, 13904 San Sebastian Way, Poway, CA
92064, ph: (858)679-8546, FAX (858)679-8618, email:
mbbenV@cox.net.
9. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X ) Not Applicable.
Not an FPPC Filer.
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Category NO.1.
Category NO.2.
Category No.3.
) Category NO.4.
) Category NO.5.
) Category NO.6.
) Category NO.7.
10. Insurance Requirements:
Investments and sources of income.
Interests in real property.
Investments, interest in real
property and sources of income
subject to the regulatory, permit
or licensing authority of the
department.
Investments in business entities
and sources of income which engage
in land development, construction
or the acquisition or sale of real
property.
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.
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.
Business positions.
(X ) Commercial General Liability: $1,000,000.
(X ) Automobile Liability: $1,000,000.
( ) Worker's Compensation: Statutory
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) Employer's Liability: $1,000,000.
) Errors and Omissions Liability: $2,000,000.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services
of Consultant as herein required, Applicant shall pay a single
fixed fee in the amounts and at the times or milestones set forth
below:
Single Fixed Fee Amount: $
Milestone or Event Amount or Percent
of Fixed Fee
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General
and Detailed Services of Consultant as are separately identified
in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with
each phase of Services, in the amounts and at the times or
milestones set forth hereinbelow ("Phase Fixed Fee Arrangement") .
Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless
Applicant shall have issued a notice to proceed to Consultant as
to said Phase.
Phase
Fee for
Said Phase
(X ) Time and Materials
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For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material spent by Consultant in
the performance of said Services, at the rates or amounts set
forth hereinbelow according to the following terms and
conditions:
(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
General and Detailed Services herein required of Consultant
for $76,000 including all Materials, and other
n reimburseables n (nMaximum Compensation") .
( ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to (nAuthorization
Limitn), Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
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Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Consultant
Marion B. Borg
$95.00
Materials separately Paid For by Applicant
Cost or Rate
( X ) Materials
Reports
Copies
X Travel
X Printing
X Postage
X Del i very
X Long Distance Telephone Charges
X Other Actual Identifiable Direct Costs
Mileage charged at $0.40 per mile
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Deposit
) Deposit Amount: $
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Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to
pay Consult.ant, if t.his paragraph is "checked", upon City's
receipt. of billing by Consult.ant, and det.erminat.ion by Cit.y in
good faith that Consultant's billing is proper, a judgment. for
which Applicant agrees t.o hold City harmless and waive any claim
against Cit.y, City shall pay Consultant.'s billing from t.he amount
of the Deposit.. If Applicant shall prot.est. t.he propriety of a
billing t.o City in advance of payment, City shall consider
Applicant's protest. and any evidence submitt.ed prior to t.he due
date for the payment of said bill by Applicant in making its good
faith determination of propriety.
Use of Deposit as Security Only; Applicant t.o Make Billing
Payments.
Upon determinat.ion by City made in good faith t.hat
Consultant is entitled to compensation which shall remain unpaid
by Applicant 30 days aft.er billing, Cit.y may, at. it.s option, use
the Deposit to pay said billing.
(X Bill Processing:
A. Consult.ant's Billing to be submitt.ed for the following
period of t.ime:
X Monthly
Quart.erly
Other:
B. Day of the Period for submission of Consult.ant's
Billing:
X First of the Month
15th Day of each Month
End of t.he Month
Ot.her:
3ptyBorg-EUC 03-06-07.doc
Page 11
4-33
C. City's Account Number, MCMILN
H:\Plap-fiing\BobMC\3pcyBorg-EUC 03-06-07.doc
3ptyBorg-EUC 03-06-07.doc
Page 12
4-34
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS, APPROVING
THE FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, MARION B.
BORG ENVIRONMENTAL CONSULTING AND
MCMILLIN OTAY RANCH, LLC, FOR MANAGING
AND PROCESSING OF THE ENVIRONMENTAL
IMP ACT REPORT (EIR) FOR THE EASTERN URBAN
CENTER (EUC) SECTIONAL PLANNING AREA (SPA)
PLAN AND AUTHORIZNG THE MAYOR TO
EXECUTE THE AGREEMENT.
WHEREAS, in 2001, the Planning and Building Department retained the services
of Marion B. Borg Environmental Consulting with a two-party agreement such that the
consultant would function as an extension of staff; and
WHEREAS, on March 13, 2007 the City Council approved a 3-party agreement
between the City of Chula Vista Marion B. Borg Environmental Consulting, and
McMillin Otay Ranch LCC, for managing and processing of the environmental impact
report for the Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan through
July 2008; and '
WHEREAS, it has become necessary to extend the duration of consultant services
related to the managing and processing of the environmental impact report for the EUC
since the complex nature of the EUC project has necessitated an extension to the project's
overall processing schedule; and
WHEREAS, Consultant's services are still required for continued processing of
entitlement agreements for the McMillin Otay Ranch, LLC's EUC SPA Plan project; and
WHEREAS, the City will fund said Consultant services through revenue
reimbursements from developer deposits through the revenue budget of the Planning and
Building Department; and
WHEREAS, Consultant's prior work experience with the City, intimate
knowledge of the EUC SPA Plan, and extensive work performed on the project make her
uniquely qualified to continue as the Environmental Project Manager for the EUC ErR;
and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under section 15378 of State
4-35
CEQA Guidelines because it involves only the approval of a contract for consulting
services; therefore, pursuant to Section l5060(c)(3) of the State Guidelines the activity is
not subject to CEQA and thus, no environmental review is necessary; and
WHEREAS, City recommends waiving the formal consultant selection process as
impractical, as described in Section 2.56.070 of the Municipal Code of the City of Chula
Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista waives the formal selection process.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the First Amendment to the agreement with Marion B. Borg Environmental
Consulting and McMillin Otay Ranch, LLC and authorizes the Mayor to execute the
agreement.
Submitted by
Approved as to form by
Nancy Maddox Lytle
Acting Planning Director
1 Y orney
4-36
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
'7- -Z 9, c/'6
First Amendment to the
Three-Party Agreement between
City of Chula Vistjl,
Marion B. Borg Environmental Consulting, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
With Regard to Applicant's Eastern Urban Center Project
4-37
FIRST AMENDMENT
To the Three Party Agreement
Between City of Chula Vista,
Marion B. Borg Environmental Consulting, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
Recitals
This First Amendment is effective as of July I, 2008 by and between the City of Chula Vista
("City"), Marion B. Borg Environmental Consulting ("Consultant") and McMillin Otay Ranch,
LLC ("Applicant"), with reference to the following facts:
WHEREAS, City, Consultant and Applicant previously entered into an agreement
effective January I, 2007 whereby Consultant was to manage the preparation and processing of
the Environmental Impact Report (EIR) for the Eastern Urban Center ("Original Agreement");
and
WHEREAS, City, Consultant and Applicant agree that the schedule for certification of
the EIR has exceeded the timefTame of the original agreement; and
WHEREAS, Consultant estimates an effort of 20 hours per week dedicated on this
project for the next twelve months to complete the entitlement process; and
WHEREAS, Consultant is uniquely qualified due to work experience in the City ofChula
Vista and experience acting as an extension of the Community Planning Section staff on this
project over the last year and working on this project while in the employ of the City; and
WHEREAS, all work performed by Consultant has been performed to the satisfaction
and under the direction of the City's Acting Director of Planning.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City, Applicant and Consultant agree to amend the Original Agreement
as follows:
1. Exhibit A, Section 6 entitled Schedule, Milestone, Time-Limitations within which to Perform
Services ("Schedule"), is hereby amended to read as follows:
Dates or Time Limits for Delivery of Deliverables:
Under direction of the Senior Planner, and will function as an extension of City
staff.
Dates for completion of all Consultant services:
June 30, 2009, or adoption of the EUC SPA Plan by City Council.
4-38
2. Exhibit A, Section 8, entitled Contract Administrators, is hereby amended to read as follows:
City: Scott Donaghe, Senior Planner, City of Chula Vista Planning and Building
Department, 276 Fourth Av, Chula Vista, CA 91910, ph: (619) 409-5806, FAX: (619) 409-5859,
email: sdonaghe@ci.chula-vista.ca.us.
3. Exhibit A, Section 9, entitled Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code, is hereby amended to read as follows:
( ) Not Applicable.
Not an FPPC Filer.
( X ) Category No. I.
Investments and sources of income.
( X ) 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 ofreal
property.
( X ) 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.
( X ) 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.
(X) Category No.7.
Business positions.
4. Exhibit C, entitled Compensation Schedule and Deposit, Not-to-Exceed Limitation on Time
and Materials Arrangement, is hereby amended to read as follows:
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for $ 78,000
including all Materials, and other "reimburseables" ("Maximum Compensation").
4-39
5. Exhibit C, entitled Compensation Schedule and Deposit, Rate Schedule, is hereby amended to
read as follows:
Rate Schedule
Category of Employee
of Consultant
Consultant
Name
Marion B. Borg
Hourly
Rate
$100.00
Materials Separately Paid For by Applicant
Cost or Rate
(X ) Materials
Reports
Copies
Actual plus 10%
( X ) Travel
( X ) Printing
( X ) Postage
( X ) Delivery
( X) Long Distance Telephone Charges
( X ) Other Actual Identifiable Direct Costs
Mileage charged at $ 0.49.
Actual
Actual plus 10%
Actual
Actual
Actual
Actual
6. All other terms and conditions of the Original Agreement not specifically modified by this
First Amendment shall remain in full force and effect.
4-40
Signature Page
To the First Amendment to the Three Party Agreement
Between City of Chula Vista,
Marlon B. Borg Environmental Consulting, Consultant, and
McMillin Otay Ranch, LLC, Applicant
For Consulting Work to be Rendered
with regard to Applicant's Eastern Urban Center Project
IN WITNESS THEREOF, City, Applicant and Consultant have executed this Second
Amendment to the Agreement thereby indicating that they have read and understood same, and
indicate their full and complete consent to its terms:
City of Chula Vista
Consultant: Marion B. Borg
Environmental Consulting
By:
Cheryl Cox, Mayor
BY:~~
Marion B. Borg, COll!iulta
Dated:
Dated:
1-/~foY
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Applicant:
McMillin Otay Ranch, LLC
a Delaware limited liability company
By: McMillin Companies, LLC,
a Delaware limited liability p Y
Its: Manager
~
Interim City Attorney
By:
Its:
4-41
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
O<.~ (HULA VISTA
August 5, 2008 Item2-
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING
PROCESS AND AUTHORIZING THE USE OF PURCHASE
ORDERS IN THE AMOUNT OF $81,160 PER MONTH TO
SECURE LANDSCAPE MAINTENANCE OF OPEN SPACE
FOR CERTAIN COMMUNITY FACILITIES DISTRICTS BY
BLUE SKIES LANDSCAPE MAINTENANCE FOR AN
INTERIM PERIOD OF 60-90 DAYS
DIRECTOR OF PUBLIC WORK~1
CITY MANAGER
"'-- 'jr.-
ASSIST ANT CIT MANAGER /'
ITEM TITLE:
SUBMITTED BY:
4/5THS VOTE: YES
NO X
SUMMARY
Due to continued deficiencies in contracted landscape services for Community Facility
Districts in Sunbow II, Otay Ranch Village 1 West and Otay Ranch Sta B, the City of Chula
Vista has exercised its option not to renew the existing maintenance contracts in these
districts for Fiscal Year 2009. In order to maintain landscape services in these districts
while the formal advertised bid process moves forward, bids were solicited from several
vendors to provide the necessary services at a monthly rate for a 60-90 day period. The
combined cost ofthe lowest bids received for the three districts will exceed $100,000 for the
interim period.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defmed under Section 15378 (b)(2) of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
5-1
August 5, 2008, Item~
Page 2 of2
DISCUSSION
In accordance with the terms of the eXlstmg landscape contract entered into with
Merchants Landscape on July I, 2005, the contractor was given the specified time to
correct deficiencies or provide a written cure plan to bring the districts up to contract
standards. The written cure plan was submitted to Open Space staff on June 3, 2008.
After reviewing the proposal, taking into consideration the scope of delinquent and
unsatisfactory work and poor response to prior deficiencies in these districts, the proposal
was rejected and the contract for these districts were terminated as of June 30, 2008.
Four contractors were invited to bid on a total of five Community Facility Districts that
required interim landscape maintenance while the new contracts went out for advertised
bids. The contractors contacted to provide bids were chosen based on past performance
and ability to adequately staff the districts in a short period of time. The combined low
bid total of the three districts listed below will exceed the $100,000 threshold requirement
for Council approval. These districts represent high profile landscape areas that require a
high level of maintenance, especially during the summer months. New contract standards
were developed for these districts, which will set minimal staffing levels and provide for
increased oversight and accountability. A summary of the bids is provided below.
Table 1
Summary of bids
Sunbow II Village 1 West Otay Ranch Sta B Total
CONTRACTOR (Monthlv Rate) (Monthlv Rate) (Monthlv Rate) (Monthlv)
Blue Skies $30,842 $20,422 $29,895 $81,160
Acacia landscaoe No Bid No Bid No Bid No Bid
F aireo Grounds
Management $42,982 $30,702 $49,123 $122,807
Starerest Landscape No Bid No Bid No Bid No Bid
As indicated in Table 1 above, Blue Skies is the apparent low bidder with the amount of
$81,160. Original bid submittals are attached.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict
exists, in that Councilmember McCann has property holdings within 500 feet of the
boundaries of the property, which is the subject of this action.
FISCAL IMP ACT:
There is no direct fiscal impact to the General Fund from approving this resolution in that
funds expended for this contract are maintained within existing Special Tax Assessment
District budgets. Purchase orders will be issued as authorized departmental requests are
received.
ATTACHMENTS
A. CFD Interim Contract Bid Results
B. Performance Standards
5-2
C11
I
tLl
\!i~ Acacia Landscape Co.
r",>" \
~ ~,\. },:~:':,:{ P.O Box 4?70
,,:,',~;7 ChUt3 Vista, CA 91909
(61~1 58547\6
CFD Total MAINTENANCE
Approx. RATE PER PROPOSED STAFFING Performance MONTHLY RATE
Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL
Includes: Position hrs/wk
Code 1- 3.35 acres Supervisor 40
Village 15.06 Code 2- .03 acres I Month Landscape
11 Phase acres Code 3- 11.69 acres Maint. Worker 60 $383.00 $1~.~63,OO
3 Code 4- 0 acres $12,480.00
Code 5- acres Irrigation Tech 20
Includes: Position hrs/wk
Code 1- 20.23 acres 1 Month Supervisor
Sunbow Code 2- 32.97 acres Landscape
II 178.77 Code 3- 33.97 acres $NO BID Malnl. Worker $NO BID $NO BID
acres Code 4- 30.15 acres
Code 5-88.63 acres Irrigation Tech
Includes: Position hrs/wk
94.81 Code 1- .72 acres Supervisor
Otay acres Code 2- .36 acres 1 Month
Ranch Code 3- 90.21 acres $NO BID Landscape $NO BID $NO BID
Maint. Worker
StaB Code 4- 3.52 acres
Code 5- 0 acres Irrigation Tech
Includes: Position hrs/wk
Otay 54.71 Code 1- 7.81 acres Supervisor
Ranch acres Code 2-2.14 acres 1 Month
Code 3- 44.76 acres $NO BID Landscape $NO BID $NO BID
Village 1 Malnl. Worker
West Code 4- 0 acres
Code 5-0 acres Irrigation Tech
:>0-
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n
~
2:
H
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/) /ill .
t~ vf-"
~A'd() Yl0c6\\IS
Acacia landscape Co.
P.O Box 4770
Chut" Vista. CA 91909
161Y/5854716
Total MAINTENANCE PROPOSED STAFFING
Approx. RATE PER LEVEL Performance MONTHLY RATE
CFD Acreage DESCRIPTION PERIOD MONTH Bond TOTAL
Includes: Position hrs/wk
Code 1- 17.63 acres Supervisor 40
Olay 29.93 Code 2- 6.93 acres Landscape
Ranch acres Code 3- 0 acres 1 Month $18,026.00 Maint. Worker 80 $541.00 $18,567.00
AB Code 4- 1.37 acres
Code 5- 0 acres Irrigation Tech 40
NOTES:
1. Fertilizer application will not be included in this bid.
2.
en 3.
I
.po
4.
5.
6.
7.
Tree trimming, other than occasional skirt lifting or broken limb trimming will not be included in this bid.
Brush clearing & hauling will not be included iu this bid. Although some areas may require weed wbipping and
trimming back of plant material encroaching onto private property.
Please add into your Bid cost to provide a 25% Performance Bond on top of your maintenance estimate.
A dump pass for Otay Landfill good tbe duration of this work shall be provided by The City of Chula Vista.
The City of Chula Vista shall provide dumpsters if possible within these areas.
For questions call or email PauISirois@619-397-6006/psirois(tiJ.ci.chula-\.ista.ca.us , or Chevis Feunell @ 619-397-
6008 I cfennclJ(ti)ci.chula-\'ista.ca.us Questions will be taken until3pm Monday June 23. Questions will be answered by
Tuesday at 12 noon via email to all participants.
8. Bids should be turned in at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25.
U1
I
U1
OdrCb C O!30f j)r) :)(r.(';,r' cr L/l U / :? n:xxc{ anOJ:;e..merv J
CFD Total MAINTENANCE I
Approx. RATE PER PROPOSED STAFFING Performance MONTHLY RATE
Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL
Includes: Position hrs/wk
Code 1- 3.35 acres Supervisor 10
Village 15.06 Code 2- .03 acres 1 Month Landscape
11 Phase acres Code 3- 11.69 acres Maint. Worker t.QD $ 4<6{ $.:)'-/ Sial
$dLf 080 I
3 Code 4- 0 acres
I
Code 5- acres Irrigation Tech YD
Includes: Position hrs/wk
Code 1- 20.23 acres 1 Month Supe.-visor II?
Sunbow Code 2- 32.97 acres $ LiJ.pW Landscape
II 178.77 Code 3- 33.97 acres Maint. Worker doD $'6LjJ. $ Yd.l q\?J,
acres Code 4- 30.15 acres
Code 5-88.63 acres Irrigation Tech ("J.
Includes: Position hrs/wk
94.81 Code 1- .72 acres Supervisor 17
Otay acres Code 2- .36 acres 1 Month
Ranch Code 3- 90.21 acres - $ Lf'i5/lloO Landscape ;)~D $Qtp3 $lN IJ")
Maint. Worker
StaB Code 4- 3.52 acres I
Code 5- 0 acres Irrigation Tech '2)
Includes: Position hrs/wk
Otay 54.71 Code 1- 7.81 acres Supervisor .;1.0
Ranch acres Code 2-2.14 acres I Month $ 3~ rOD
Landscape 1'17 $(PO~ $ 3D lDa
Village 1 Code 3- 44.76 acres Maint. Worker
I
West Code 4- 0 acres
Code 5-0 acres lITigation Tech (P3
-h
Dvcl
L
ct
s
/6
h1
vi-
if
i/.2
Total MAINTENANCE PROPOSED STAFFING
Approx. RATE PER LEVEL Performance MONTHLY RATE
CFD Acreage DESCRlPTION PERlOD MONTH Bond TOTAL
Includes: Position hrslwk
Code 1- 17.63 acres Supervisor ~
Otay 29.93 Code 2- 6.93 acres I C)'Q.IoL1" Landscape ~
Code 3 - 0 acres 1 Month q", $3<6:::' l q 104 q
Ranch acres $ , Maint. Worker $
Code 4- 1.37 acres I
AD Code 5- 0 acres Irrigation Tech (;{Lf.
NOTES:
1. Fertilizer application will not be included in this bid.
2. Tree trimming, other than occasional skirt lifting or broken limb trimming will not be included in this bid.
01
I
0'>
3. Brusb clearing & hauling will not be included in this bid. Although some areas may require weed wbipping and
trimming back of plant material encroacbing onto private property.
4. Please add into your Bid cost to provide a 25% Performance Bond on top of your maintenance estimate.
5. A dump pass for Otay Landfill good the duration of this work shall be provided by The City of Chula Vista.
6. The City of Chula Vista shall provide dumpsters if possible within these areas.
7. For questions call or email PauISirois@619-397-6006/psirois(aJ.ci.chula-vista.ca.us , or Chevis Fennell @ 619-397-
6008/ cfennell(iiJ,ci.chula-vista.ca.us Questions will be taken until3pm Monday June 23. Questions will be answered by
Tuesday at 12 noon via email to all participants.
8. Bids should be turned in at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25.
t11
I
-.I
bl Vt
/1/'" Vr'(
('"
\,
L AN vJ S'C frfit
5K tt <:
CFD Total MAINTENANCE
Appro.. RATE PER PROPOSED STAFFING Performance MONTHLY RAT
Acreage DESCRIPTION PERIOD MONTH LEVEL Bond TOTAL
Includes: Position hrs/wk
Code 1 - 3.35 acres Supervisor
Village 15.06 Code 2- .03 acres 1 Month Landscape NO 8 i
11 Phase acres Code 3- 11.69 acres Maint. Worker $ _ 0'- $
3 Code 4- 0 acres $ ~ D'-
Code 5- acres Irrigation Tech
,
Includes: Position hrs/wk
Code 1 - 20.23 acreS 1 Month Supervisor 4D ~k
Sunbow Code 2- 32.97 acres Landscape
178.77 Code 3- 33.97 acres pQ,q,"/3. "lCj Main!. Worker ;}60 ",I:: $ &he,j\ $ =lC!8ii2
II .' / '
acres Code 4- 30.15 acreS
Code 5-88.63 acres Irrigation Tech t{ () ,.k
Includes: Position hrs/wk
94.81 Code 1- .72 acres Supervisor "-to ~k
Otay acres Code 2- .36 acres 1 Month
Landscape
Ranch Code 3- 90.2 I acres $ 2'1 ,M"""'! Main!. Worker ),70 ...'( $~7o. 7'1 $ )."1 I El'U',
StaB Code 4- 352 acres
Code 5- 0 acres Irrigation Tech L/ IJ "'/<;.
Includes: Position hrs/wk
Otay 54.71 Code 1- 7.81 acreS Supervisor .2 <> wI<.
Ranch acres Code 2-2.14 acres 1 Month
$1'1, ~.21.~ Landscape $ Jq{ 'iJz $ ;JO,'1J.Z .
Village 1 Code 3- 44.76 acres Main!. Worker I ft:O "",k
West Code 4- 0 acres
Code 5-0 acres Irrigation Te<h 2.() i.vk
o
\1
l..(3
, d..
Total MAINTENANCE PROPOSED STAFFING
Approx. RATE PER LEVEL Performance MONTHLY RAT
CFD Acreage DESCRIPTION PERIOD MONTH Bond TOTAL
Includes: Position hrs/wk
Code 1- 17.63 acres Supervisor
Otay 29.93 Code 2- 6.93 acres Landscape
Code 3 - 0 acres 1 Month
Ranch acres $ -0/ Maint. Worker $ or-..c,.- $ No \G,
AB Code 4- 1.37 acres
Code 5- 0 acres Irrigation Tech
o
NOTES:
1. Fertilizer application will not be included in tbis bid.
2. Tree trimming, otber than occasional skirt lifting or broken limb trimming will not be included in this bid.
(J1
I
en
3. Brush clearing & hauliug will not be included in this bid. Altbougb some areas may require weed whippiug and
trimmiug back of plant material encroaching onto private property.
4. Please add into your Bid cost to Drovide a 25% Performance Bond on top of your maintenance estimate.
5. A dump pass for Otay Landfill good tbe dnration oftbis work sball be provided by Tbe City ofChula Vista.
6. Tbe City of Cbula Vista sball provide dumpsters if possible witbin tbese areas.
7. For questions call or em ail PauISirois@619-397-6006JDSil.oisliilci.chula-vista.ca.us , or Cbevis Fennell@ 619-397-
6008 J cfellllellliilci.chllla-vista.ca.lls Questions will he taken until3pm Monday June 23. Questions will be answered by
Tuesday at 12 noon via email to all participants.
8. Bids sbould be turned iu at the Public Works Desk at 1800 Maxwell Rd no later than 3:00pm Wed June 25.
ATTACHMENT B
BID NO. 1-04/05
~If?
-11-
Page 1
eIlY Of
CHUIA VISTA
PUBLIC WORKS DEPARTMENT
Open Space Landscape Maintenance Division
Performance Standards
Overview
These standards describe landscape maintenance performance standards necessary to maintain
areas of designated open space districts in a safe, attractive, and usable condition. Included in
these standards are criteria covering irrigation, pruning, shaping and training of trees, shrubs and
ground cover plants; fertilization, weed control, eradication of plant diseases and pests; mowing;
brush clearance; maintenance and repair of fences, pathways and trails, and irrigation and
drainage systems.
Work Schedule
The Contractor shall accomplish all normal landscape maintenance required between the hours of
6:00 a.m. and 6:00 p.m., Monday through Friday. No maintenance functions that generate excess
noise that would cause annoyance to residents of the area shall be commenced before 8:00 a.m.,
except in the case of a situation deemed emergency in nature.
The Contractor shall establish a schedule of work to be followed in the performance of any
contract awarded. This schedule shall list days and approximate times the contractor will be in
each district. A copy of this schedule shall be provided to the Director of Public Works, and any
proposed changes in scheduling shall be reported, in writing, to the Director of Public Works
immediately. No change in schedule may be made without prior City approval.
The City may deduct a day's pay (bid price/number of working days scheduled to work that
month) from the Contractor's monthly payment in instances where Contractor has failed to visit a
site as outlined in his schedule of work and/or performed duties as required.
Public Convenience
The Contractor shall conduct the work at all times in a manner which will not interfere with
normal pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets.
Notification
The Contractor shall provide written notice to the City listing exact starting dates of fertilization
and other infrequent operations. Such notice shall be furnished to the Director of Public Works
at least ten (10) working days in advance of the starting date. City approval is required prior to
commencement of work.
5-9
BID NO. 1-04/05
Page 2
em OF
(HUlA VISTA
Irrigation
Irrigation shall be done by the use of manual and/or automated systems, where available and
operable; however, failure of the existing irrigation system to provide full and proper coverage
shall not relieve the Contractor of this responsibility. All areas not adequately covered by a
manual and/or automated sprinkler system shall be irrigated by a portable irrigation method. The
Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this
supplementary irrigation.
Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into
existing underground improvements or structures.
When negligence on the part of the Contractor results in excessive use or waste of irrigation
water, water that is used in excess of the monthly budgeted amount, the estimated cost of the
water shall be deducted from the contract payment. The City shall be the sole judge of what
constitutes "excessive or waste of irrigation water". Any damages to public or private property
resulting from excessive irrigation or irrigation water run-off shall be charged against the
contract payment unless the Contractor makes immediate repairs, to the satisfaction of the
Director of Public Works.
All irrigation controllers shall be turned off during periods of rain by the Contractor and turned
back on and reprogrammed at the completion of each rainy period. Periods during which the
controllers are programmed off do not absolve the contractor's responsibility to inspect, monitor
and repair the irrigation systems.
The Contractor shall keep controller and valve boxes clear of soil and debris and maintain the
system, at no additional cost to the City, from the electric and water meters, throughout the work
site. This includes, but is not limited to: the replacement, repair, adjustment, raises or lower,
straightening, and any other operation required for the continued proper operation of the system.
The City will compensate the Contractor for materials involved in the repair to irrigation
damaged by vandalism, theft, disappearance, or worn out irrigation components. Labor, tools,
equipment, and other overhead expenses are considered to be included in the contract amount bid
to maintain the district. Upon receipt of an approved invoice from the Contractor itemizing the
materials involved, payment will be processed in accordance with established terms. The City
reserves the right to designate suppliers for these repair materials.
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A written report shall be submitted by the Contractor for all occurrences of vandalism, theft,
disappearance, or worn out irrigation components, detailing the quantity, size, and location no
later than five (5) working days after the discovery of such occurrence. Contractor's failure to
meet this requirement will result in Contractor responsibility for total repair costs.
The Contractor shall periodically inspect the operation of the system for any malfunction. This
periodic inspection may occur more often, but not less frequently, than one (1) inspection each
week.
Any replacement must conform to the type and kind of existing system. Any deviation from the
existing type must be approved in writing by the Director of Public Works.
The Contractor shall at the beginning of the maintenance period inspect the entire sprinkler
system with the City's representative to become familiar with the locations of valves, heads,
controllers, electric valves, meters, and hose bibs.
Special attention shall be directed to the maintenance of sprinkler equipment. Risers shall be
adjusted by extension and location as plant material grows up and/or spreads out and adversely
affects performance of the sprinklers. Any damage to, or malfunction of, the irrigation system
shall be promptly repaired by the Contractor. At no time will systems be shut down for extended
periods - repairs are to be made as discovered and reported.
The City may require a change in the irrigation schedule at any time if it becomes necessary for
water conservation. The contractor shall be responsible for input and maintenance of irrigation
schedules and programs, as directed by the City.
Water Conservation
The Contractor shall abide by any and all water conservation programs currently in effect by the
water purveyor, and will be responsible for compliance to any emergency guidelines, rules, and
regulations effected during water crises. Failure to observe, obey and comply to the
aforementioned will be the financial responsibility of the Contractor. For example, negligent or
untimely irrigation system maintenance producing water waste resulting in citations or fines by
the water purveyor will be the responsibility of the Contractor.
Irrigation scheduling programs will be set by the Public Works Department, Parks, and Open
Space divisions. Any changes in programming must be done with prior City approval.
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Hydroseeded Banks or Fescue Slopes
Hydroseeded banks or fescue slopes shall be irrigated Monday through Friday, to maintain
horticulturally acceptable growth and color, and to encourage deep rooting. Under normal
weather conditions, this irrigation will be equivalent to four (4) inches of water per month.
Fescue color is expected to remain green and lush in color and appearance. Additional
fertilization may be required throughout the contract year to maintain this green color.
Irrigating Trees and Shrubs
Newly planted trees and shrubs shall receive adequate water to promote normal growth, but not
less than twelve (12) applications of water per year, providing at least twelve (12) inches of water
penetration below the surface.
Pruning Shrubs and Ground Cover Plants
All shrubs and ground cover plants growing in the work area shall be pruned, as required, to
maintain plants in a healthy, growing condition. Dead or damaged limbs or branches shall be
removed immediately and all pruning cuts shall be made cleanly with sharp pruning tools, with
no projections or stubs remaining. Any pruning cut which exceeds two (2) inches in diameter
shall be sealed with an acceptable pruning paint. All pruning shall be accomplished in a manner
which will permit the plants to grow naturally in accordance with their normal growth
characteristics. Shearing or severe pruning of plants will not be permitted unless a situation
exists considered by the Director of Pub lie Works to be hazardous.
FERTILIZATION: Schedule, Guaranteed Analysis, Rate of Application, Packaging
Trees, Shrubs, Ground Covers:
Fertilization of all trees, shrubs and ground cover plants, including plantings on hydroseeded
banks, within designated work area shall be accomplished three (3) times per year with an
approved commercial grade fertilizer adhering to the following:
1. October 1 -15:
GUARANTEED MINIMUM ANALYSIS:
Total Nitrogen (N)
15.0% Ammoniacal Nitrogen
A V AILABLE PHOSPHORIC ACID (P205)
SOLUALBE POTASH (K20)
Sulfur (S)
Iron (Fe)
Plant nutrients derived from: Ammonium Phosphate Sulfate, Muriate of Potash, and Iron Oxide
Fertilizer pellets to be coated with Bestcote
Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet.
15.0%
5.0%
7.0%
16.0%
1.4%
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2. March 1-15:
GUARANTEED ANALYSIS:
Total Nitrogen (N)
1.0% Ammoniacal Nitrogen. Derived from Ammonium Phosphate
6.9% Water Soluble Organic Nitrogen. Derived from Urea
4.1 % Water Insoluble Organic N. Derived from Activated Sewage Sludge
A V AILABLE PHOSPHORIC ACID (P205)
Derived from ammonium Phosphate and Activated Sewage Sludge
Soluble Potash (K20)
Muriate of Potash
Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet.
12.0%
4.0%
6.0%
3. June 1 -15:
GUARANTEED FERTILIZER ANALYSIS:
Total Nitrogen (N) 15.00%
4.3% Ammoniacal Nitrogen
0.5% Water Soluble Organic Nitrogen
10.2% Coated Slow Release Urea Nitrogen*
A V AILABLE PHOSPHORIC ACID (P205) 15.00%
SOLUALBE POTASH (K20) 15.00%
Sulfur (S) 4.50%
Iron (Fe) 1.10%
Zinc (ZN) .50%
Plant nutrients derived from: Polymer Coated Urea, Polymer Coated Sulfur Coated Urea, Ammonium Phosphate Sulfate, Sulfate and Muriate of
Potash, Iron and Zinc Oxide.
*6.4 units C3RN from Polyon, *3.8 units CSRN from TriKote
Rate of ADolication: l.0 pound of actual nitrogen per 1,000 square feet.
TURF:
Fertilization of all lawn areas within the designated work area shall be accomplished five (5)
times per year with approved commercial grade fertilizers having the following guaranteed
analysis:
1. September 1-15:
GUARANTEED MINIMUM ANALYSIS:
Total Nitrogen (N)
15.0% Ammoniacal Nitrogen
A V AILABLE PHOSPHORIC ACID (P205)
SOLUALBEPOTASH(K20)
Sulfur (S)
Iron (Fe)
Plant nutrients derived from: Ammonium Phosphate Sulfate, Muriate of Potash, and Iron Oxide
Fertilizer pellets to be coated with Bestcote
Rate of ADDlication: 1.0 pound of actual nitrogen per 1,000 square feet.
15.0%
5.0%
7.0%
16.0%
1.4%
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2. November 15 - 30; 3. January 15 - 30:
GUARANTEED MINIMUM ANALYSIS:
Total Nitrogen (N) 22.0%
14.0% Ammoniacal Nitrogen
8.0% Nitrate Nitrogen
A V AILABLE PHOSPHORIC ACID (P205) 3.0%
SOLUALBE POTASH (K20) 9.0%
Sulfur (S) 9.0%
Iron (Fe) 1.5%
Zinc (2n) 0.2%
Plant nutrients derived from: Ammonium Phosphate Sulfate, Ammonium Nitrate, Potassium Sulfate, {ron Oxide and Zinc Oxide
Rate of Aoolication: 1.0 pound of actual nitrogen per 1,000 square feet.
4. March 1-15; 5. June 1-15:
GUARANTEED MINIMUM ANAL YSIS:
Total Nitrogen (N) 25.0%
10.3% Ammoniacal Nitrogen
0.7% Water Soluble Organic Nitrogen
14.0% Coated Slow Release Nitrogen
A V AILABLE PHOSPHORIC ACID (P205) 5.0%
SOLUALBE POTASH (K20) 5.0%
Sulfur (S) 11.0%
Iron (Fe) 0.9%
Plant nutrients derived from: Polymer.Coated Urea, Polymer.Coated Sulfur.Coated Urea, Ammonium Phosphate Sulfate, Muriate of Potash, and
Iron Oxide
Fertilizer pellets to be coated with Bestcote.
Rate of ADDlication: 1.5 pounds of actual nitrogen per 1,000 square feet.
Packaging
Fertilizer shall be provided in fifty (50) pound, multi-wall paper bags, polyethylene-lined for
moisture resistance, or plastic bags.
The fertilizers shall be brought to the site III the original unopened containers bearing the
manufacturer's guaranteed analysis. Damaged packages will not be accepted. The Contractor
shall furnish the Director of Public Works or a designated representative, with duplicate signed,
legible copies of all certificates and invoices for all fertilizer to be used.
The invoices must state the grade, amount, and quantity received. Both the copy to be retained
by the City and the Contractor's copy must be signed by the Director of Public Works or his
representative on site before any material may be used.
The Contractor may not begin the actual application until approval by the City has been obtained.
In addition, the Contractor shall submit as part of his written notice a schedule showing the site,
date, and approximate time of application of the fertilizer. Fertilizer proposed requires prior City
approval. City shall be the sole judge as to an acceptable fertilizer type. Material Safety Data
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Sheets (MSDS) shall be provided upon submittal of fertilizers for approval.
Adequate irrigation will immediately follow the application of fertilizer to force the fertilizer to
rest directly on the soil surface. Care shall be taken to ensure the fertilizer does not become
caught in the plant foliage above the soil line and to avoid excessive watering resulting in the
migration of fertilizing materials or soil.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation, shall
continue without interruption.
Lawn Maintenance
Mowing shall be performed so that no more than one-third (1/3) of the grass blade is removed
during each mowing in returning the grass to the accepted height, for the species of grass being
mowed. Inclement weather may preclude adherence to the frequency schedule. The Contractor
may request alteration of this mowing frequency from the Director of Public Works for reasons
of rain or prolonged cold.
The following mowing schedule shall apply to all (Code 2) lawn areas listed in the bid portion of
the contract document:
Mowing Frequency
3/1 through 11/30
I time each week
Mowing Frequency
12/1 through 2/28
I time every 2 weeks
All turf shall be edged adjacent to all improved surfaces; or where no improved surface exists,
turf edges shall be maintained if the turf area abuts a shrub bed, property line, or to maintain a
turf delineation.
Lawn areas shall be aerified a minimum of two (2) times each year and will be scheduled to
occur as follows:
1. All lawn areas - April 15-30
2. All lawn areas - August 15-30
Under adverse conditions or as a result of high use where turf is suffering from compaction,
aerification may be necessary at more frequent intervals. Aeration shall be done with a power-
driven or tractor-pulled aerifier using a Yz" coring tine.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation, shall
continue without interruption.
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Tree Maintenance
All trees shall be maintained in their natural shapes. The Contractor shall continuously remove
"hanger" limbs and other obvious safety hazards, as required. Trees lost from causes other than
Contractor's negligence shall be removed and replaced by the Contractor with a fifteen (15)
gallon size tree at the City's expense. The Director of Public Works may specify a species of tree
for replacement different from the one lost. Any tree leaning or showing signs of root heavings
shall be brought to the attention of the Director of Public Works. If, in the judgment of the
Director of Public Works, the tree must be removed, then the Contractor shall, at his sole
expense, remove said tree by flush-cutting. Undesirable growth from the remaining stump shall
be controlled by a City-approved method. Stump grinding shall not be required.
Young trees needing training and shaping and trees suckering shall be trimmed and/or suckered
on a continuing basis as needed.
Low overhanging branches shall be removed to a height of eleven (11) feet above street grade,
and to a height of thirteen (13) feet above street grade on select major streets. Low branches
overhanging sidewalks and parkways shall be removed to a height of nine (9) feet above grade.
I
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation, shall
continue without interruption.
Low Flow and Brow Channel Maintenance
During the month of October, the Contractor shall clean all soil and debris from the channels and
cut all the overhanging plant materials back to a minimum 12" height. All plant materials and
debris, other than soil and rocks, shall be removed from the job site.
During the year, removal of woody plant materials growing in the cracks or edges of the channel
shall be removed to prevent damage to the concrete. Also, any loose materials, other than soil,
shall be removed during the contract year. Following the rainy season, removal of accumulated
sedimentation will be required.
In performing periodic operations as required herein, routine grounds maintenance services at the
same work site such as, but not limited to, litter control, weed control, and irrigation, shall
continue without interruption.
Removal of Debris
Promptly after the pruning, trimming, weeding, edging, and other work required, the Contractor
shall remove all debris generated by his/her performance of the work. Immediately after working
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in the areas of public walks, driveways, or paved areas, they shall be thoroughly cleaned.
All areas shall be kept free of, but not limited to, the following: bottles, cans, paper, cardboard,
or metallic items. Removal of common debris, including emptying of waste receptacles, shall be
performed on a continuing basis with a minimum of once a week pick-up. Areas containing
walkways, or asphaltic concrete, stamped or textured concrete and/or concrete shall be swept as
needed to maintain such walkways in an attractive manner.
Weed Control
All landscape areas within the specified maintenance area shall be continuously kept free of
weeds at all times. This means complete removal of all weed growth shall be accomplished on a
continuing basis as weeds appear, and not just once every 30 days. Weeds shall be controlled by
hand, mechanical, or chemical methods.
All noxious plant materials such as, but not limited to, poison oak, poison ivy, pampas grass,
tamarix, arundo cane, tumbleweeds, etc., shall be removed immediately by hand. All pathways,
sidewalks, curbs, and gutters, shall be kept free of weeds by use of contact weed control
chemicals. The Contractor off-site in a manner consistent with Federal, State, and Local rules
and regulations shall dispose of weeds and plant materials'removed. The City prior to application
shall approve weed control chemicals. Material Safety Data Sheets (MSDS) are required for
proposed weed control chemicals.
Disease and Pest Control
The Contractor shall regularly inspect all plants for presence of disease or insect infestation. The
Contractor shall advise the Director of Public Works if disease or insect infestation is found on
any plant, identifying the disease or infestation and specifying control measures to be taken, this
includes vertebrate pest control. Upon approval of the Director of Public Works, the Contractor
shall implement the approved control measures exercising extreme caution in the application of
spray material, dusts, or other materials utilized. The Contractor shall utilize all safeguards
necessary during disease, insect, or pest control operations to ensure safety of the public and
employees of the Contractor.
Care shall be taken that no puddles or pools of water that contain chemical residue remain after
completion of applications of any harmful chemicals. Also, no permanent sterilant chemicals
shall be used. No chemicals shall stain or cause to stain any concrete, brick, boulders, rocks,
pavement, controllers, or landscape plant material, or cause damage to same.
Contractor shall hold the City harmless for any damage and will repair or replace, as applicable,
any damage caused by the use of chemicals at no cost to the City. Pest control chemicals shall be
approved by the City prior to application. Material Safety Data Sheets (MSDS) are required for
pest control chemicals.
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Replacement Plant of Plant Materials
The Contractor shall replace any tree, shrub, or ground cover plant that is damaged or lost as a
result of faulty maintenance at no additional cost to the City. The Director of Public Works shall
be the sole judge of "faulty maintenance".
Any plant damaged or lost through vandalism shall be replaced at City expense. Cost for
replacement of plants and trees lost through vandalism shall be at a mutually negotiable charge.
At the City's sole discretion, it may be desirable to replace certain plants during the contract
term. The necessity or desirability of such plant replacement shall be determined by the Director
of Public Works. The Contractor shall be responsible for the maintenance of the replacement
plants at no additional cost to the City. The City will be responsible for the cost ofreplacing the
plants.
Brush Clearance
As may be determined at the Fire Marshal's sole discretion, the Director of Public Works shall
require that flammable vegetation be cleared by the Contractor at no additional cost to the City.
Contractors shall take notice of potential areas to be cleated during the pre-bid inspection, as no
adjustment in contract pricing will be allowed. Cleared material shall be legally disposed of
from the site area.
Environmental Regulations
On March 25, 1993, the United States Department of the Interior listed the California
Gnatcatcher as a "threatened species" thereby requiring Federal protection of the songbird under
the provisions of the Endangered Species Act of 1973 and all amendments thereto. The Act
prohibits anyone from "taking" a Gnatcatcher, which includes killing, harming, or harassing the
species, or destruction of its habitat. Secretary of the Interior Babbitt has proposed special rules
(Section 4 (d) of the act) which are intended to allow the US Fish and Wildlife Service to define
conditions associated with certain land use activities under which the taking of the Gnatcatcher
or its habitats would not be a violation of the act.
Therefore, pending the findings and rulings of the US Fish & Wildlife Service, the Departroent of
the Interior, The Resources Agency of California, the California Department of Fish & Game,
and the Natural Community Conservation Planning (NCCP), any areas specified may be
precluded from maintenance or otherwise downwardly adjusted will be subject to an appropriate
downward adjustment (as determined by the Director of Public Works) in compensation
proportionate to the downward adjustments in area or scope of services. This applies to any and
all future environmental rulings and regulations, which affect areas specifically stated or listed.
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BID NO. 1-04/05
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5-19
BID NO. 1-04105
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OPEN SPACE LANDSCAPE MAINTENANCE AREA CODE
DESCRIPTIONS
CODE #
AREA IDENTIFICATION CODE
DESCRIPTION
1
mm.m
Areas containing permanent irrigation systems planted in ground cover,
shrubs and trees. Code one areas shall be kept weed free as required
by tile Deputy Director of Parks and Open Space, or his designated
representative. Weeds are considered as plant materials and grasses not
consistent with established plantings. Any areas not fully covered with
planned ground covers are to be replanted and grown to fully cover tile areas
during the normal growing season. Weeding shall be as necessary to
create a well balanced appearance.
.~.~.,.,.,.,.,.,.,.,.,.,.
,.,.,.,.,.,.,.,.,.,.,.,.,
.,.,.,.,.,.,.,.,.,.,.,.,.
,.,.,.,.,.,.,.,.,.,.,.,.,
.,.,.,.,.,.,.,.,.,.,.,.,.
,.,.,.,.,.,.,.,.,.,.,.,.,
.,.,.,.,.,.,.,.,.,.,.,.,.
,.,.,.,.,.,.,.,.,.,.,.,.,
Lawn areas with permanent irrigation systems. Weeding shall be as necessary
to create a well manicured appearance.
2
3
-
Areas containing permanent irrigation systems initially planted with
hydroseed mix, shrubs, ground covers, and trees. Code 3 areas shall be
kept weed free as required by the Deputy Director of Parks and Open
Space, or his designated representative. Weeds are considered plants
(wild ftowers and grasses) not consistent with the original hydroseed mix.
The intent is to maintain healthy vegetation for erosion control purposes.
4
Areas containing permanent or temporary irrigation systems in natural
open space lands and slopes with indigenous plant growth. Weed
abatement in these areas as required by tile Deputy Director of Parks
and Open Space, or his designated representative, not to exceed 2 times
per year, may consist of cutting back to 6" high.
5
I' .. .' ..... . '1
.. .' ... , ... .
. ..... .... ...
.... ... ... . .
. . . . . . . . . . . . .
. ... .. , ... ..
. . . . . . . . . . . . .
. . . . . . . . . . . .
Two times per year, areas of non-irrigated open space shall be cleaned
of debris including but not limited to the following: bottles, cans, paper,
cardboard or metallic items and noxious plant materials such as
tumbleweeds, pampas grass, tamarix, arundo cane, etc.
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BID NO. 1-04/05
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General Conditions
Bidder's Security
A bid security in an amount equal to ten percent (10%) of the bid is required. The bid security
may be furnished in the form of cash, cashier's check, certified check, or a bid bond. If the bid
security is a bond, it shall be executed by a surety company authorized to transact business in the
State of California. The bid security must be included in the sealed envelope with the bid
proposal.
Faithful Performance Bond
Contractor shall furnish the City with a surety bond conditioned upon the faithful performance of
the contract. The bond shall be in a sum equal to twenty-five percent (25%) of the amount of
contract price. This bond shall be executed by a surety company authorized to do business in the
State of California and approved by the City of Chula Vista. An endorsed Certificate of Deposit,
money order, or certified check may be provided in lieu of an actual bond. Such bond or deposit
shall be forfeited to the City in the event that the contractor fails or refuses to fulfill all
performance requirements of the contract.
,
If the contract is optioned for future years, for the purpose of renewing the contract, the
Contractor shall provide a new valid faithful performance bond no later than thirty (30) days
prior to the current faithful performance bond expiration date. Failure by the Contractor to
provide the new faithful performance bond shall be considered a default by Contractor and may
subject the Contractor to a suspension or termination of work under the contract.
Payment Bond
Contractor shall furnish the City with a payment bond in a sum equal to twenty-five percent
(25%) of the amount of contract price. The payment bond shall be provided with and in a form
similar to the performance bond. The payment bond shall guarantee that all laborers, material
suppliers, and subcontractors will receive full payment for their services.
If the contract is optioned for future years, for the purpose of renewing the contract, the
Contractor shall provide a new valid payment bond no later than thirty (30) days prior to the
current payment bond expiration date. Failure by the Contractor to provide the new payment
bond shall be considered a default by Contractor and may subject the Contractor to a suspension
or termination of work under the contract.
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Insurance
A. Contractor shall, thrqughout the duration of the contract maintain comprehensive general
liability, property damage, and automobile insurance; or commercial general liability insurance,
covering all operations of Contractor, its agents and employees, performed in connection with the
contract, including but not limited to premises and automobile.
B. Contractor shall maintain the following minimum limits:
General Liability
Combined Single Limit Per Occurrence
General Liability
Property Damage
Automobile Liability
$1,000,000
$1,000,000
$1,000,000
$1,000,000
The City reserves the right to require insurance for a higher coverage than the minimum limits.
C. All insurance companies affording coverage to the Contractor shall be required to add the
City of Chula Vista as an "additional insured" under the insurance policy for all work
performed in accordance with the contract. All insurance companies policies shall be issued
by a carrier that has Best's rating of "A; Class V", or better, or shall meet with the approval of
City's Risk Manager.
D. All insurance companies affording coverage shall provide thirty (30) days written notice to
the City of Chula Vista should the policy be canceled before the expiration date. For the
purposes of this notice requirement, any material change in the policy prior to the expiration
shall be considered a cancellation.
E Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement,
shall be submitted to the Purchasing Division within ten (10) days after the award of a
Contract. This endorsement must be on a separate "Schedule B". Contractor shall provide a
substitute certificate of insurance no later than thirty (30) days prior to the policy expiration
date. Failure by the Contractor to provide such a substitution and extend the policy
expiration date shall be considered a default by Contractor and may subj ect the Contractor to
a suspension or termination of work under the contract.
Insurance Certificates shall not include "Modified Occurrence" restrictions. No substitutions
shall be allowed.
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Worker's Compensation Insurance
The Contractor shall also carry Worker's Compensation insurance in statutory amount and
Employer's Liability coverage in an amount not less than $500,000 and up to $1,000,000 at the
City's discretion; evidence of which is to be furnished to the City in the form of Certificate of
Insurance.
Hold Harmless and Indemnification
Contractor shall defend, indemnify, protect, and hold harmless the City of Chula Vista, its
elected and appointed officers and employees, from and against any and all claims for damages,
liability, cost and expense (including without limitation attorney's fees) arising out of the
conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with
the execution of the work covered by the contract, except only for those claims arising from the
sole negligence or sole willful misconduct of the City, its officers, or employees.
Contractor's indemnification shall include any and all costs, expenses, attorney's fees, and
liability incurred by the City, it's officers, agents, or employees in defending against such claims,
whether the same proceed to judgement or not. Further, Contractor at its sole expense shall,
upon written request by the City, defend any such suit or action brought against the City, it's
officers, agents, or employees. Contractor's indemnificafion of City shall not be limited by any
prior or subsequent declaration by the Contractor.
Taxes
All applicable State or Federal taxes shall be considered as included in the amount paid for
services performed. The Contractor shall be responsible for payment of such taxes to the proper
governmental authority.
Licenses and Permits
Contractor and all subcontractors, if any, shall be licensed in accordance with the provisions of
Chapter 9 of Division III of the Business and Professions Code, State of California.
Contractor shall procure all licenses and permits required to perform the work described.
Contractor shall further pay all charges and fees required to maintain required licenses and
permits. The Contractor and subcontractors shall possess a valid City of Chula Vista Business
License while performing work within City limits.
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Term
Contractor shall perform all services required as specified on the Bid Form through June 30,
2001. The City may elect to exercise options to renew the contract for five (5) additional one (I)
year periods ("option years"):
(I) July 1, 2006 through June 30, 2007
(2) July I, 2007 through June 30, 2008
(3) July I, 2008 through June 30, 2009
(4) July 1, 2009 through June 30, 2010
(5) July 1,2010 through June 30, 2011
Additional extensions of one (1) year, or part thereof, shall be by mutual agreement of the
Contractor and City.
Price Adjustment Clause
Prices shall be firm for the initial contract period. However, if it is determined that the San
Diego Area Consumer Price Index for Urban Wages Earners and Clerical Workers (CPI-W) has
changed for the option years, the Contractor, after: (1) giving written notice of such change, and
(2) furnishing the City with copies of the change (from January 1 of the previous year to January
1 of the current contract year); may adjust the price quoted to the City by an amount not to
exceed the percentage variant in the CPI-W during the p'revious 12 months, or five per cent (5
%), whichever is less.
Only one (1) price adjustment will be allowed for each option year. Written requests for option
year price adjustments shall be made prior to April I of the contract year. The City reserves the
right to accept option year price increases or terminate the contract without penalty.
Measurement of Quantities for Unit Price Work
The estimate of the quantities of work to be done and materials to be furnished are approximate
only, being given as a basis for the comparison of bids. The City of Chula Vista does not
expressly or by implication agree that the actual amount of work will correspond therewith, but
reserves the right to increase or decrease by any amount or to omit portions of the work that may
be deemed necessary or expedient by the City with no adjustment in unit price.
Cooperation
Contractor shall work closely with the Director of Public Works in performing work required in
order to achieve the result, which the City expects to be accomplished by Contractor. The
Director of Public Works may delegate authority in connection with this Agreement to the Open
Space Coordinator. For the purposes of directing the Contractor's performance, authority is
hereby delegated to the Open Space Coordinator.
5-24
BID NO. 1-04/05
~ If?.
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Page 17
em Of
CHUlA VISTA
Inspection by City
The City will inspect the work area to ensure adequacy of maintenance and that methods of
performing the work are in compliance with the contract. Discrepancies and deficiencies in the
work shall be corrected by the Contractor immediately upon notification by the City.
Maintenance services performed by the Contractor shall be performed to the satisfaction of City,
Director of Public Works, or his designated representative.
Method of Payment Monthly Reports
The Contractor will be paid monthly, in arrears, for work performed satisfactorily. By the fifth
day of each month, the Contractor shall submit a detailed report of maintenance performed and
materials used, areas and/or units affected, and staff hours expended in the prior month.
The monthly report shall also include a statement of all applications of herbicides, rodenticide,
and pesticides detailing the chemical used, quantity, rate of application, area in which used, and
the purpose of the application.
Upon successful completion of a month's work, payment will be made equal to one twelfth of the
annual contract bid price. Billing shall be in accordance with bid prices submitted and allowing
for City approved adjustments, if any.
Payments Withheld
The City may withhold or permanently retain payments to such extent as may be necessary to
protect the City from loss due to:
1. Work required in the specifications which is defective, incomplete, or not performed.
2. Claims filed against the City for damage caused by the Contractor's acts or reasonable
evidence indicating probable filing of claims.
3. Failure of the Contractor to make proper payments to subcontractors for materials or
labor.
4. A reasonable doubt that the contract can be completed for the unpaid balance.
Failure to Perform Satisfactorily
It is agreed and understood that if the Contractor fails to perform the work as required, the
Director of Public Works: (1) will pay only for the amount of service received as determined
solely by the City, with an appropriate downward adjustment in contract price, or (2) may have
such required work done by City crews or otherwise, and charge the cost thereof to the
Contractor and/or Contractor's surety agent.
Those discrepancies and deficiencies in the work that remain uncorrected may result in billing
5-25
BID NO. 1-04/05
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Page 18
CIlYQf
CHUIA VISTA
adjustments in the following month. Billing adjustments for this unsatisfactory service shall be
permanent retention of 100% of the estimated monthly cost for work that is incomplete or
deficient as stated herein.
Should failure to perform persist, the City reserves the right to take action against the
performance bond and/or terminate the contract.
Emergency Calls
The Contractor shall have the capability to receive and respond immediately to calls of an
emergency nature during normal working hours and during hours outside of normal working
hours. Calls of an emergency nature received by the Director of Public Works shall be referred
to the Contractor for immediate disposition.
Personnel
The Contractor shall furnish sufficient supervisory and working personnel capable of promptly
accomplishing on schedule, and to the satisfaction of the Director of Public Works, all work
required under this contract during the regular and prescribed hours.
All such personnel shall be physically able to do their assigned work. The Contractor and his
employees shall conduct themselves in a proper and efficient manner at all times and shall cause
the least possible annoyance to the public. They shall be fully clothed in suitable nniform attire
with a company identifying marker (personnel fully clothed and wearing a safety vest with the
company identification on the back will be considered suitable uniform attire). The Director of
Public Works will require the Contractor to remove from the work site any employee(s) deemed
careless, incompetent, or otherwise objectionable, whose continued employment on the job is
considered to be contrary to the best interest of the City ofChula Vista.
The Contractor shall have competent supervisors, who may be working supervisors, on the job at
all times work is being performed, who are capable of discussing in English with the Director of
Public Works matters pertaining to work required. Supervisors must have a minimum of three
(3) years of actual field experience and must be able to demonstrate to the satisfaction of the
Director of Public Works that they possess adequate technical background. Adequate and
competent supervision shall be provided for all work done by the Contractor's employees to
ensure accomplishment of high quality work which will be acceptable to the Director of Public
Works. In addition, a non-working supervisor shall inspect all areas under the contract a
minimum of once per month with the Director of Public Works or his designated representative.
5-26
BID NO. 1-04/05
Page 19
(llY OF
(HULA VISTA
Independent Contractor
Contractor's relationship to the City shall be that of an independent contractor. Contractor shall
have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City
to any obligation whatsoever. Contractor shall be solely responsible for the performance of any
of its employees, agents or subcontractors under any contract awarded. Contractor shall report to
the City any and all employees, agents, subcontractors and/or consultants performing work, in
connection with this project, and all shall be subject to prior approval of the City.
Prevailing Wages
Contractors are not required to pay prevailing wages to persons employed by them for work
under contract in accordance with Section 2.58.080 of the Chula Vista Municipal Code
regulating payment of prevailing wages for contracts let by the City.
Non-Discrimination
The City of Chula Vista hereby notifies all bidders that it will affirmatively ensure that in any
contract entered into pursuant to this notice, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on
the grounds of race, color, sex, or national origin in consideration for an award.
,
Termination for Canse
The following conditions constitute default for which the City may terminate a contract:
A. Any material misrepresentation, whether negligent or intentional, by Contractor.
B. Contractor's failure to perform any of its material obligations under a contract, including but
not limited to:
1. Failure to perform any obligations reasonably within Contractor's control (including but
not limited to lack of sufficient or adequate personnel, equipment, and/or materials);
2. Contractor's failure to promptly perform or correct any of its obligations;
3. Contractor's unapproved discontinuance of any of its obligations required under a
contract;
4. Contractor's insolvency, filing for bankruptcy, or unapproved assignment for the benefit
of creditors or otherwise;
Prior to terminating a contract for cause, the City will first notify the Contractor in writing of
such failure to meet the obligations of a contract. Within ten (10) calendar days of such written
notice, Contractor shall have corrected the failure or shall have provided a written cure plan
acceptable to the City that outlines its current or planned actions to correct such failure. If the
Contractor fails to cure such breach or provide a written cure plan acceptable to the City within
the ten (10) day time period, then the City shall have the right to terminate the contract by giving
written notice to Contractor specifying the effective date of such termination.
In addition to the remedy set forth above, the City retains the right to pursue any and all other
5-27
BID NO. 1-04/05
Page 20
eIlY Of
CHULA VISTA
available remedies under law or in equity, including but without limitation, action against the
performance bond.
Where public interest or necessity demands the immediate termination of the contract to
safeguard life, health, or property, the City may terminate the contract immediately without prior
notice of deficiencies, and no opportunity to cure failures will be provided.
Termination for Convenience
City may terminate the contract at any time, and for any reason, by giving specific written notice
to the Contractor of such termination and specifying the effective date thereof, at least thirty (30)
days prior to the effective date of such termination. If the contract is terminated by City as
provided in this paragraph, Contractor shall be entitled to receive just and equitable
compensation for any satisfactory work completed. Contractor expressly agrees that no further
penalties, remedies, or consideration would be forthcoming in the event of termination for
convemence.
Interpretation of Agreement
The interpretation, validity and enforcement of any contract awarded shall be governed by and
,
construed under the laws of the State of California. .
The Contractor shall be responsible for complying with any Local, State, and Federal laws
whether or not said laws are expressly stated or referred to herein.
Should any provision herein be found or deemed to be invalid, the contract shall be construed as
not containing such provision, and all other provisions which are otherwise lawful shall remain
in full force and effect, and to this end the provisions of the contract are severable.
Administrative Claims Requirement and Procedure
No suit shall be brought against the City arising out of a contract awarded, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City
of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, 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 the City, Contractor shall meet and confer in good faith with the City for the
purpose ofresolving any dispute over contract terms and conditions.
5-28
RESOLUTION ~O. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORJ.\1AL BIDDING
PROCESS AND AUTHORIZING THE USE OF PURCHASE
ORDERS IN THE ,"MOUNT OF $81,160 PER MONTH TO
SECURE LANDSCAPE MAINTENANCE OF OPEN SPACE
FOR CERTAIN COMMUNITY FACILITIES DISTRICTS BY
BLUE SKIES LANDSCAPE MAINTENANCE FOR AN
INTERIM PERIOD OF 60-90 DAYS
WHEREAS, on June 14,2005, the City Council approved the award of several contracts
to Merchants Landscape for the landscape maintenance of open space in certain Community
Facilities Districts C'CFDs"): and
WHEREAS, the City has temlinated the contracts with Merchants Landscape for CFDs
Sunbow 2, Village I West, and Otay Ranch Sta B because of poor performance by the
contractor: and
WHEREAS, staff has issued a formal Bid for Community Facilities District Landscape
Services: and
WHEREAS, CFDs Sunbow 2, Village I West, and Otay Ranch Sta B are high profile
landscape areas that require a high level of maintenance, , especially during the summer months:
and
WHEREAS. in order to maintain landscape services in these three districts while the
formal advertised bid process moves forward, informal bids were solicited from several vendors
to provide the necessary services at a monthly rate for an interim 60-90 day period: and
WHEREAS, Blue Skies Landscape Maintenance is the apparent low bidder with the
amOLll1t of $81,160 per month for the three districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it waives the formal bidding process and authorizes the use of purchase orders in the amount
of $81,160 per month to secure landscape maintenance of open space for certain Community
Facilities Districts by Blue Skies Landscape Maintenance for an interim period of60-90 days.
Presented by
Approved as to form by
" /1 ,11
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Bart C. Miesfeld
Interim City Attomey
(rt-
.lack Gritlin
Director of Public Works
J '.\["'mcyRES()"(F[J"'.lnl~r;1l1 \laiOlI ,'gIl1l 1;,,-CFo,_r)A_ilS_lIS l"'~
5-29
CITY COUNCIL
AGENDA STATEMENT
August 5, 2008, Item~
ITEM TITLE:
CONSIDERATION OF AUTHORIZING SUBMITTAL TO
THE CITY CLERK OF AN ARGUMENT, AND REBUTTAL
ARGUMENT IF ANY, AGAINST THE MEASURE TO
AMEND THE CHULA VISTA CITY CHARTER TO MAKE
THE CITY ATTORNEY AN ELECTED CITY OFFICER, TO
BE INCLUDED IN THE SAMPLE BALLOT FOR THE
NOVEMBER 4,2008 ELECTION
SUBMITTED BY:
Donna Norris, Interim City Clerk U
SUMMARY
The Council previously approved placement of the citizen-initiated Charter amendment
measure on the November 4, 2008 ballot. California Elections Code section 9282(a)
allows the legislative body to submit an argument ag'linst a measure placed on the ballot
by petition. This item provides information and regulations related to the submittal of
ballot measure arguments.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity of authorizing arguments related to a ballot measure is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change to the environment, therefore, pursuant to Section 15060( c )(3) of the
State CEQA Guidelines the actions proposed are not subject to CEQA. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council consider submittal of an argument and rebuttal agreement, if any, against the
measure to make the City Attorney an Elected Officer of the City.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
6-1
AUGUST 5, 2008, Item~
Page 2 of2
DISCUSSION
On January IS, 2008, the City Council placed a citizen-initiated charter amendment to
make the City Attorney an Elected City Officer on the November 4, 2008 ballot.
Pursuant to Elections Code section 9282, the proponents may file a written argument in
favor of the measure, and the legislative body may submit an argument against it.
Arguments may not exceed 300 words in length, and must be submitted to the City Clerk
by August 20, 2008. Arguments must be accompanied by the printed name(s) and
signature( s) of the author( s) submitting it, and no more than five signatures shall appear
with any argument (EC 9283).
Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments,
rebuttal arguments will be allowed, in accordance with Elections Code section 9285.
Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will
be August 28, 2008 in the City Clerk's office.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500-foot rule found in California Code of
Regulations Section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMP ACT
As a result of this action, there will be no impact to the general fund. The City Clerk has
budgeted $120,000 for the November 4, 2008 election, which is anticipated to be
,
sufficient to place the measure on the ballot, including arguments for and against the
measure and rebuttal arguments, if any.
Prepared by: Donna Norris. Interim City Clerk
6-2
CITY COUNCIL &
REDEVELOPMENT AGENCY
AGENDA STATEMENT
~lff:. ellY OF
~ CHLJLA VISTA
AUGUST 5, 2008 Iteml
ITEM TITLE:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA WAIVING THE FORMAL
CONSULTANT SELECTION PROCESS FOR AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND
INSTITUTE
SUBMITTED BY:
REVIEWED BY:
B. RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND
INSTITUTE IN THE AMOUNT OF $120,000, AND
APPROPRIATING FUNDS THEREFOR ~ /. J/-
/ ?PI'
ASSISTANT DIRECTOR OF REDEVELOPMENT "'D HOUSING
CITY MANAGER/EXECUTIVE DIRECTOR,,/9/1L
4/5THS VOTE: YES 0 NO D
SUMMARY
In the coming years, Chula Vista' s vacant bayfront may soon transform into a world class
destination. The H Street corridor provides an opportunity to connect the bayfront and the Chula
Vista community and revitalize it along the way. Staff is recommending that the Redevelopment
Agency (Agency) enter into a contract with the lirban Land Institute (ULl) Five-Day Advisory
Services Program (Program) to provide an unbiased implementation program for redevelopment of
the H Street Corridor between Interstate 5 and Third A venue (Corridor).
ENVIRONMENT AL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project'. as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
further environmental review is necessary.
7-1
August 5, 2008, Item--L
Page 2 of 4
RECOMMENDATION
Councill Agency adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
On January 24, 2008, the Chula Vista Redevelopment Corporation directed staff to consider
using the expertise of the ULI Advisory Council to advise the Redevelopment Agency in its
redevelopment efforts. On July 10, 2008 City Council approved the Climate Change Working
Group Measures Draft Implementation Plan. Measure #6 of this Plan, "Smart Growth" at
Trolley Stations, identified a work program that included the ULI Program.
DISCUSSION
Background
Recent demographic changes and population growth in California have brought about renewed
interest and need for revitalization and redevelopment of cities' urban centers. Recognizing the
need for revitalization of its own urban area several years ago, Chula Vista embarked upon a
visionary framework for revitalization through the adoption of the updated General Plan
(December 2005) and Urban Core Specific Plan ("UCSP", April 2007). While the real estate
market has since cooled, Chula Vista continues its efforts to revitalize the older western portion
of the city with the progress of the Bayfront Master Plan and development of a major
hotel/convention center.
The Bayfront represents the largest opportunity in the; city for future development. With
sweeping views of the San Diego Bay, large parcels of undeveloped land and recent steps to
secure the Gaylord Entertainment hotel-convention center, the Bayfront may provide the needed
"catalyst" for redevelopment. As the Bayfront Master Plan and the cornerstone hotel/convention
center move closer to reality, renewed private investment will seek to capitalize on the
opportunities to compliment uses and serve the visitors and residents of the Bayfront.
With the Bayfront's front door at H Street. the Corridor is quickly emerging as a potential
"backbone" for redevelopment. H Street is ideally situated as a major gateway to the city's
commercial and fmancial centers and a direct link of the Bayfront and the city's historic heart of
the community, the Third Avenue commercial district (see Attachment I). Large land owners
located along the Corridor include the South County Court House, Scripps Hospital, and the
Chula Vista Center, a regional shopping mall. All are interested in expansion and redevelopment
opportunities. Recent development activity such as the development of the Gateway Center,
with Class A office space, and the opening of coffee shops, restaurants and professional offices
along the Corridor demonstrates the demand and interest for the area that can only grow with the
potential of the Bayfront.
Urban Land Institute Advisory Services Program
While recent discussions with land ovvners and development activity in the Corridor has
provided renewed hope for revitalization, it is imperative that the City is poised to take
advantage of its opportunities when the market returns and plans for the Bayfront solidify. A
cohesive strategy to address market potential, planning and design or financing and development
7-2
August 5, 2008, Item2
Page 3 of 4
is needed to take the visionary framework of the UCSP to concrete implementable actions that
can facilitate appropriate and quality redevelopment along the Corridor.
Staff is proposing to contract with the ULI for the Program to prepare such a strategy (contract
included as Attachment 2). ULI is a well established international non-profit research and
education organization, which provides leadership in the responsible use of land and in creating
sustainable communities. As the preeminent, multidisciplinary real estate forum, with a
membership of over 35,000 members and associates from 90 countries, ULI has access to experts
representing the entire spectrum of land use and development disciplines.
Through ULI's unique program, an interdisciplinary team of its member experts help sponsors
find creative, practical solutions for issues such as downtown redevelopment, land management
strategies, evaluation of development potential, growth management, community revitalization,
and bro'Wnfield redevelopment. The unique team-based approach to bring city, business,
development, and community interests together with ULI niche experts provides an opportunity
that is unparalleled. The Program has assembled well over 500 ULI-member teams to help
sponsors find solutions and build consensus around land use and development challenges.
For Chula Vista, the program is specifically designed to help answer questions related to the land
use and development issues we face along the Corridor and will:
.:. Bring recognized real estate expertise from across the United States to provide an assessment
of the market feasibility and economic potential of the Corridor as a connection between the
Bayfront and Third A venue commercial district;
.:. Gather data on the many quality-of-life objectives of the community and the ongoing
business and economic operations; and
.:. Fulfill General Plan and other city objectives to forge an integrated, action-oriented
implementation plan for the Corridor.
The interdisciplinary team "vill consist of eight to nine members; typically several developers, a
landscape architect. a planner. a market analyst, a finance expert. and others with the niche
expertise needed to address the issues/challenges most relevant to the Corridor. To complete the
assignment, the team takes on an intensive agenda which includes:
.:. .-'ill in-depth briefing day composed of a tour of the site and meetings with City
representatives:
.:. Hour-long interviews of typically 80 to 100 key community representatives: and
.:. A day and a half of formulating recommendations. The final days are dedicated to the panel
preparing findings and conclusions, which are presented to the sponsor on the final day
through an oral presentation. i\fter the panel is completed, a written report (sample included
as Attachment 3) will serve as an implementation plan for redevelopment of the Corridor.
Additionally, the City has the opportunity to build upon the ULI Program. In early 2008, the H
Street Corridor, as a smart growth and transit focus area, was one of three project areas selected
by the San Diego Association of Governments (SA..l\IDAG) for a Smart Growth 3-D Visual
7-3
August 5, 2008, Item ':f-
Page 4 of 4
Simulation grant. Through the grant, the City will be able to provide a three-dimensional,
conceptual visualization of the implementation plan developed by ULI. Being able to visualize a
plan helps one to better understand building massing assumptions, the integration of frontage
property appearance, and pedestrian access along the Corridor.
Bidding Process Waiver
Chula Vista Municipal Code section 2.56.070 requires that contracts for all supplies, equipment
and services when the estimated cost exceeds $100,000 shall be awarded by the City Council to
the lowest responsive bidding process. Exceptions to this requirement may be granted where
there is a commodity or service available from only one known source as the result of unique
performance capabilities, compatibility requirements or market conditions. The competitive
bidding requirements may be waived by the City Council when they are impractical, impossible
or the city interests would be materially better served by a different procurement process.
Staff is recommending that the formal bidding process be waived for the ULI Program. This
recommendation is based on the following capabilities that are uniquely being offered to the
Agency by ULI:
.:. ULI is uniquely qualified with capabilities to draw from over 35,000 members located in 90
countries who represent the entire spectrum of land use and development disciplines; and
.:. The Program is the only one of its kind and has the unique experience of completing more
than 500 Advisory Service panels, in 47 states, 12 countries, and 4 continents.
ULI has demonstrated their breadth of expertise and experience through their Program and
numerous panel completions. These service capabilities were found to be necessary in order to
meet the goals of the General Plan.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the Redevelopment Agency Board and City Council
members and has found no property holdings within 500-feet of the boundaries of the Corridor
which is the subject of this action.
FISCAL IMPACT
There is no fiscal impact to the City's General Fund as a result of adopting this resolution. This
action will appropriate $120.000 of the Redevelopment Agency's existing Fund Balance to the
services and supplies budget of the Redevelopment Agency Merged Project Area Fund.
ATTACHMENTS
1. Map of H Street Corridor
2. Two Party Agreement
3. Sample Report
4. Supplemental Report - Update on Process Since 7/22/08
Prepared by:
Stacey Kur:::, Senior Project Coordinator, Redevelopment & Housing
7-4
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Attachment 1
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated:
? \ ~(/' [;0
Agreement between
City of Chula Vista and
ULI, the Urban Land IIlstitute
for Advisory Services
7-6
Attachment 2
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
ULI - the Urban Land Institute
for
Advisory Services
This agreement ("Agreement"), dated for the purposes ofreference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph I, 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 H Street Corridor is a critical component of the revitalization of the City of
Chula Vista; and
Whereas, General Plan LUT Objectives 2, 52, 53, and 57 identify the H Street Corridor
as a critical component for focusing redevelopment effor;ts to encourage a mix of uses within
walking distance of a transit station that contain significant public gathering space and vibrant
mixed use area; and
Whereas, the Urban Land Institute (ULI) has extensive knowledge of complicated land
use and planning matters and has conducted Advisory Services Seminars for a number of other
agencies which uniquely qualifies ULI to provide advisory services through their 5-day Advisory
Services Seminar; and
Whereas, waiving the consultant selection process is in the best interest of the City
because ULI has prior experience working with a number of other agencies in conducting
Advisory Services Seminars and has extensive knowledge of complicated land use and planning
matters and has the specific professional resources uniquely qualified and suited to conduct the
Advisory Services Seminar; and
Whereas, ULI 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 ULI to City within the
time frames herein provided all in accordance with the terms and conditions of this Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
Page I
7-7
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED for valuable consideration the City and
Consultant do hereby mutually agree as follows:
I. 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 witb the General Duties, according to, and within tbe time frames set
forth in Exhibit A, Paragraph 8, and deliver to City sucb Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of tbe essence of tbis
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
Defmed 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 IO(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.
Page 2
7-8
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope ofInsurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI). .
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this projectllocation or
the general aggregate limit must be twice the required occurrence
limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation
Employer's Liability:
4. Professional
Errors &
Liability:
Liability or
Omissions
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
Page 3
7-9
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim3dministration, and defense expenses.
Other Insurance Provisions
The general liability, and where applicable, the automobile liability policies are to contain, or
be endorsed to contain, the following provisions:
(I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased., hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
t41 Consultant's insurer will provide a Waiver of Subrogation in favor of the City for the
required general liability policy.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(I) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
(2) A copy of the claims reporting requirements must be submitted to the City for review.
Page 4
7-10
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Consultant will provide City 30 days advance written notice of intent to cancel subject
insurance or advise the City in writing immediately upon knowledge of insurer's intent to cancel.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant All coverage for subconsultants are subject
to all of the requirements included in these specifications. '
G. Security for Performance
(I) Performance Bond
In the event that Exhibit A, at Paragraph 18, 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 in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, htto:llwww.fms.treas.2:ov/c570. and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority. to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
Page 5
7-11
(2) Letter of Credit
In the event that Exhibit A, at Paragraph IS, 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 Exhibit A, Paragraph IS.
(3) Other Security
In the event that Exhibit A, at Paragraph IS, 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.
H. 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 9, and
with the further understanding that delay in the provision of these materials beyond thirty (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 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhihit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
Page 6
7-12
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph II.
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 17(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, 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 13.
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 Defmed 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 13 ("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. Force Majeure
The performance of this Agreement by either party is subject to acts of God, war or threat of
war, govemment regulation, acts or threats of terrorism, disaster, fITe, strikes, civil disorder,
public health crises, curtailment of transportation facilities or other circumstances beyond the
Page 7
7-13
control of the parties unreasonably delaying or making it inadvisable, illegal or impossible for
either party to perform its obligations hereunder. This Agreement may be terminated without
penalty for anyone (I) or more of such reasons by written notice from one party to the other;
provided that the party delayed or unable to perform shall promptly advise the other party of
such delay or impossibility of performance, and provided further that the party so delayed or
unable to perform shall take reasonable steps to mitigate the effects of any such delay or
nonperformance.
7. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 14, 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 14 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 bas 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 bas 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 no~ to the best of Consultant's
knowledge, have an economic interest whicb 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
Page 8
7-14
learns of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
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 14.
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 Agreemept.
. Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve 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 that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
8. 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 or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except to the extent that those claims, damages, liability, costs and expenses
(including without limitations, attorneys fees) arise from the sole negligence or sole willful
misconduct of the City, its officers, employees. Also covered is liability arising from, connected
with, caused by or claimed to be caused by the active or passive negligent acts or omissions of
the City, its agents, officers, or employees which may be in combination with the active or
passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any
third party.
With respect to losses arising from Consultant's professional errors or omissions, 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
Page 9
7-15
without limitation attorneys fees) except to the extent that those claims arise Erom the negligence
or willful misconduct of 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. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
9. 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 tbe effective date of such termination. In the
event of City's termination of this Agreement, 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, provided that City shall first pay Consultant
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 breacb.
10. Errors and Omissions
In the event that the City Administrator determines th~t 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
II. 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 fmished and unfinished
documents and other materials described hereinabove shaH, at the option of the City, become
City's sole and exclusive property, provided that City has first paid 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 onder this Agreement except as set forth herein.
Page 10
7-16
12. 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 sarne (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
13. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties (collectively "materials or properties") produced under this
Agreement shall be the sole and exclusive property of City, provided that City has paid
Consultant just and reasonable compensation for the services rendered in producing such
materials or properties. 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 materials or properties produced under this Agreement. Consultant shall retain a perpetual,
royalty-free license to use any such reports, studies, data, statistics, forms, or other materials or
properties for educational, non-commercial purposes.
14. 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 sarne and shall hold the City harmless with regard thereto.
15. 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 sarne.
Page II
7-17
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.
16. Attorney's Fees
Should a dispute ansmg 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.
17. 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 documen~ a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
18. 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 andlor Salesman
If the box on Exhibit A, Paragraph 15 is marked, the Consultant andlor 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 Agreemen~ 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,
Page 12
7-18
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 ofChula 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.)
Page 13
7-19
Signature Page
to
}\greernentbe~een
City of Chula Vista
and
ULI - the U rhan Land Institute
for
Advisory 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:
Redevelopment Agency of the City of
Chula Vista
By:
Cheryl Cox, Chair
Attest:
Donna Norris, Interim City Clerk
Approved as to form:
Bart Miesfeid, Interim City Attorney
-
Urban Land lnsh?"
BY:C.~
Cheryl Cummins
President, The Americas
By: ~~~/ ~
Senior Vice President, CommURitY'"J
By: ~ -~/
Thomas W. Eitler 2:'
Director, Advisory Services
7/2/vr
Dated:
7/1/:>(,
Exhibit List to Agreement
(X) Exhibit A.
Page 14
7-20
Exhibit A
to
Agreement between
City of Chula Vista
and
ULI - the Urban Land Institute
for
Advisory Services
1. Effective Date of Agreement:
2. City-Related Entity:
( ) City of Chula Vista, a municipal chartered corporation of the State of California
(X) 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:
ULI - the Urban Land Institute
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Non-Profit Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1025 Thomas Jefferson Street, N.W.
Page 15
7-21
Suite 500 West
Washington, D.C. 20007-5201
Phone: (202) 624-7000
Fax: (202) 624-7140
7. General Duties:
ULI shall conduct a 5-day Advisory Services Panel Seminar and provide a final report
of recommendations to the Redevelopment Agency of the City of Chula Vista.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
ULI sball provide a volunteer panel that collectively bas a varied and broad experience
and knowledge applicable to the issues of the H Street Corridor study area (west of
Third Avenue). Once the contract has been executed, ULI and the City will work
together to frame the assignment and identify the particular issues to be addressed by
tbe panel, whicb may include but not be limited to assessment of the Corridor's
economic potential and urban design, and development of an implementation strategy.
ULI shall arrange for the panel members to visit the location upon which its
recommendations are sought for a period of not less than five days (tbe "panel
session"), starting on panel start date, to be determined by ULI and tbe City.
During tbe panel session, ULI shall directly and thr'lugh its staff:
. study the designated area;
. consnlt witb public and private officials, representatives of otber relevant
organizations, and other individuals familiar witb the issues involved; and
. prepare its conclusions and recommendations whicb will be presented to the
City and its invited guests in oral form at the close of the on-site assignment.
ULI shall provide the City with a written summary of its conclusions and
recommendations. The City ,viII be provided 200 copies of the report.
ULI shall absorb the travel and living expenses of its panel and staff while on site.
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: N/A
Page 16
7-22
Deliverable No.2: NfA
Deliverable No.3: NfA
D. Date for completion of all Consultant services:
December 31, 2008
9. Materials Required to be Supplied by City to Consultant:
The Redevelopment Agency of the City of Chula Vista shall supply, at its expense, the
following items to ULI:
. Furnish to each panel member, not less than 10 days in advance of the panel session,
such pertinent background data in the form of reports, plans, charts, etc., as may be
presently available or readily developed for the preliminary study of the panel,
prior to its inspection on site. Two copies are to be sent to the ULI Project
Manager.
. Arrange, insofar as possible, to have appropriate persons, including public officials
and private individuals, representatives of relevant organizations, and others,
available for the purpose of consulting with and furnishing information to the panel
on specific matters relevant to the assignment as may be necessary and advisable
during the period of the panel's visit.
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee AmOWlt:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereWlder shall be considered as interest
free loans that 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 amoWlt 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
Page 17
7-23
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. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defmed 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.
!.
Upon signing of contract
Presentation of panel's recommendations
Upon City receiving final report
Fee for Said Phase
$ 57,500
$ 57,500
$ 5,000
Phase
2.
3.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder sball be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City sball 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 sball have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
Page 18
1-24
(I) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At . such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any 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
Name of Consultant
Hourly Rate
$
$
$
$
$
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
Ii. 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:
Page 19
7-25
, not to exceed $
, not to exceed $
$
$
12. Contract Administrators:
City: Stacey Kurz, Senior Project Coordinator, Redevelopment and Housing
Consultant: Matthew Rader, Senior Associate, Advisory Services Program
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.'
( ) FPPC Filer
( ) Category No. I. Investments and sources of income.
( ) Category No.2. Interests in real property.
I
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of tbe department.
( ) Category No.4. Investments in business entities and sources of income that 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.
1. If Consultant, in the performance of its services under this agreement: (1) conducts research
and arrives at conclusions with respect to its rendition of information, advice,
recommendations or counsel independent of the control and direction of the City or of any
City official, other than normal contract monitoring; and (2) possesses no authority witb
respect to any City decision beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
Page 20
7-26
( ) 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:
IS. ( ) Consultant is Real Estate Broker and/or Salesman
16. Pennitted Subconsultants:
~
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) MontWy
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
65140-6301
18. Security for Performance
Page 21
7-27
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount $
(X) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to ULI 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:
(Xl Retention Amount: $5,000
%
Retention Release Event:
(Xl Completion of All Advisory Services
( l Other:
Page 22
7-28
Attachment 3
7-29
September 22-2'1, 20U2
An Advisory Services Panei Report
ULI-the Urban Land Institute
1025 Thomas Jefferson Street, KW
Suite 500 West
Washington, D,c. 200U'I-5201
7-30
LI-the Urban Land Institute is a non-
profit research and education organiza-
tion that promotes responsible leadership
in the use of land in order to enhance
the total environment.
The Institute maintains a membership represent-
ing a broad spectrum of interests and sponsors a
wide variety of educational programs and forums
to encourage an open exchange of ideas and shar-
ing of experience. ULI initiates research that
anticipates emerging land use trends and issues
and proposes creative solutions based on that
research; provides advisory services; and pub-
lishes a wide variety of materials to disseminate
infonnation on land use and development.
Established in 1936, the Institute today has more
than 17.000 members and associates from 60 coun'
tries. representing the entire spectrum of the land
use and development disciplines. Professionals rep-
2
1-31
resented include developers, builders, property
O~'11ers, investors, architects, public officials, plan-
ners, real estate brokers, appraisers, attorneys,
engineers, financiers, academics, students, and
librarians. ULI relies heavily on the experience of
its members. It is through member involvement
and infonnation resources that ULI has been able
to set standards of excellence in development
practice. The Institute has long been recognized
as one of America's most respected and 'Widely
quoted sources of objective information on urban
planning, growth, and development.
This Advisory Services panel report is intended
to further the objectives of the Institute and to
make authoritative infonnation generally avail-
able to those seeking knowledge in the field of
urban land use.
Richard M. Rosan
President
@2002byULI-the Urban Land Institute
1025 Thomas Jefferson Street. N.W.
Suite 500 West
~;ashington. D.C. 20007.5201
All rights reserved. Reproduction or use of the whole or any
part of the contents without written permission of the copy-
right holder is prohibited.
CLl Catalog Number: ASS050
Cover photo by Leslie A. Smith.
An Advisory Services Panel Report
he goal of ULI's Advisory Services Program
is to bring the finest expertise in the real
estate field to beal' on complex land use plan-
ning and development projects, programs,
and policies. Since 1947, this program has assem-
bled well over 400 ULI-member teams to help
sponsors find creative, practical solutions for
issues such as downto\'m redevelopment, land
management strategies, evaluation of develop-
ment potential, growth management, community
revitalization, brownfields redevelopment, military
base reuse, provision of low-cost and affordable
housing, and asset management strategies, among
other matters. A wide variety of public, private,
and nonprofit organizations have contracted for
ULI's Advisory Services.
Each panel team is composed of highiy qualified
professionals who volunteer their time to ULI.
They are chosen for their knowledge of the panel
topic and screened to ensure their objectivity.
ULI panel teams are interdisciplinary and typi-
cally inciude several developers, a landscape
architect, a planner, a market analys~. a finance
expert, and others with the niche expertise
needed to address a given project. l-LI teams
pro'ide a holistic look at development problems.
Each panel is chaired by a respected ULI mem-
ber "With pre\'ious panel experience.
The ag'enda for a five-day panel assignment IS in-
tensive. It includes an in-depth briefing day com-
posed of a tour of the site and meetings \vith spon-
sor representatives: a day and a half of hour-long
interviews oftypicaliy 80 to 100 key community
representatives: and a day and a half oi formulat-
ing recommendations. Many long nights of discus-
sion precede the panel's conclusions. On the final
day on site, the panel makes an oral presentation
of its findings and conclusions to the sponsor. At
the request of the sponsor, a written report is
prepared and published.
Because the sponsoring entities are responsible
for significant preparation before the panel's l~sit.
including sending e).."tensive briefing materials to
each member and arranging for the panel to meet
San Pedro, California. Septernber 22-27.2002
with key local community members and stake-
holders in the project under consideration, partie.
ipants in ULI's five-day panel assignments are
able to make accurate assessments of a sponsor's
issues and to provide recommendations in a com-
pressed amount of time.
A major strength of the program is ULl's unique
ability to draw on the knowledge and expertise of
its members, induding land developers and own-
ers, public officials, academicians, representatives
of financial institutions, and others. In fulfillinent
of the mission of the Urban Land Institute, this
Advisory Senices panel report is intended to pro-
l~de ohjective ad,ice that will promote the re-
sponsible use of land to enhance the emironment.
Rachelle L, Lelitt
Senior 'lice President. Policy and Practice
Mary Beth Corrigan
Vice President, Advisory Services
Nanc~' Zivitz Sussman
Senior Associate. Advisory Services
Meghan Welsch
Associate. Advisory Services
Jason Bell
Panel Coordinator. Advisory Services
N anc)' H. Stewart
Director. Book Program
David james Rose
Manuscript Editor
Betsy VanBuskirk
Art Director
Martha Loomis
Desb:top Puhlishing Specialist/Graphics
Kim Rusch
Graphics
Diann Staniev-Austin
Director. Publishing Operations
3
7-32
he ULI Advisory Services program staff
and panel members would like to take this
opportunity to extend special thanks to all
of the following persons and groups.
The following elected officials: the Honorable
James K. Halm, Mayor, and staff members Troy
Edwards, Abigail Zimmerman, and Wendy Wang;
the Honorable Janice Hahn, Councilwoman, 15th
District, and staff members Mike Molina, Grieg
Asher, and Elise Swanson; the Honorable Jane
Harman, Congresswoman, 36th District, and
staffmember Evelyn Fierro; and the Honorable
Alan Lowenthal, State Assemblyman, 54th Dis-
trict, and staff members Helene Ansel, Norman
Fassler-Katz, and Broc Coward.
The three panei cosponsors: the City of Los _4...nge--!
les Community Redevelopment Agency. the City
of Los Angeles Harbor Department, and the San
Pedro Peninsula Chamber of Connnerce.
The city commissioners and staff members from
the Community Redevelopment Agency. the Har-
bor Department, and the Plauning Department.
From the Community Redevelopment Agency:
commissioners David Farrar. ehairman: John
Schafer, Shu Kwan Woo. Douglas R. Ring, John A.
Ornelas. Marva Smith Battle-Bey. and Madeline
Janis-Aparicio and staff members John McCoy.
Ed Donnelly. Rafique Khan. Susan Totaro. Betty'
Pace, and Mo."y _AJice Crowe.
From the Harbor Department: commissioners
Nicholas G. Tonsich. president; Elwood Lui.
Thomas A. \\larren. James E. Acevedo, and
Camilla Tovmsend Kocol and staff members Larry'
Keller. Bruce Seaton, Julia Nagano. Stacey G.
Jones, David Mathewson, Tony Gioiello. and Kanya
T. Dorland. From the Planning Department:
Mitchell B. Menzer. president of the commission.
and Shana Murphy and Jeff Pool. staff.
4
7-33
The San Pedro Peninsula Chamber of Commerce:
Jayme Wilson, Jim Cross, and Leslie Smith as well
as the chamber's individual supporters: Jerico De-
velopment, Crail-Johnson Foundation, the Victory
Group, Cross America Inc., San Pedro Fish Mar-
ket and Restaurant, Spirit Cruises, Tri-Marine
International, the Whale & Ale, Little Company
of Mary-San Pedro Hospital, Harbor Insurance
Agency, C&S Insurance, Sheraton Los Angeles
Harbor Hotel, Butterfield Communications) Mary-
lyn Ginsburg, Greer/Daily/Minter, the Kathennan
Company. Tom McCain, DDS, Harbor Brake Ser-
vice, HarborFront Properties, Harbor View Office
Building, Hussey Insurance Agency, Park West-
ern Estates, PriorityOne Printing, Via Cabrillo
Marina 2500. Williams' Bookstore, and Linda
Honey, CFP. EA.
The staff of the Sheraton Hotel San Pedro. espe-
cially Stephen Robbins and Kim Patalano.
The panel also would like to thank the Los ...4...nge-
les Harbor Watts Economic Development Corpo-
ration. cochaired by Dennis C. Lord and John
Papadakis. ror coordinating the project.
The panel would especially like to recognize the
efforts of the follo,-,ing people during the panel's
on-site visit: John Papadakis. Jayme Wilson, and
Da\id Farrar.
The panel is particulariy indebted to the more than
100 (;ommunit~v residents, neighborhood council
representatives. government and business lead-
ers. and property owners who provided unique
and valuable insights during interviews and the
community rorum.. The individual perspectives
gained from these interviews were crucial to the
process. These stakeholders are a major asset in
advancing the interests of San Pedro.
An Advisory SUlYices Panel RB1Ion
ULI Panel and Project Staff
Foreword: The Panel's Assignment
Overview and Summary of Recommendations
6
i
Market Potential
10
13
18
26
Planning and Design
Development Strategies and Implementation
Conclusion
00
0'J
About the Panel
34
San Pedro, California, September 22-27, 2002
5
7-34
J. Kevin Lawler
Managing Partner
N-K Ventures, LC
West Palm Beach, Florida
Ed Freer, ASLA
Principal Designer
SmithGroup JJR
Madison, Wisconsin
Diana Gonzalez
Founder
DMG Consulting Services, Inc.
Miami, Florida
Edwin R. (Ray) Kimsey, Jr.
Vice President and Principal
Niles Bolton Associates
Atlanta, Georgia
Charles A. Long
Founder
Charles A. Long Associates
Reno, Nevada
Lisa Mitchelson
Portfolio Manager
SSR Realty Advisors
Boston. Massachusetts
6
7-35
Jennifer Meoli Stanton
Director of Market Planning and
Advisory Services
Faison
Charlotte, North Carolina
Leslie Holst
Senior Associate
Policy and Practice
Jason Ben
Panel Coordinator
Advisory Services
An Advisory Services Panel Report
Make only bold plans" has been the battle
cry of many visionary planners. Over the
past decade, the San Pedro, California, wa-
terfront and downtown have been the sub-
ject of numerous plans-some bold, some less so.
Collectively, these plans do not "connect," and many
of them are in direct conflict with each other. The
challenge for San Pedro-the community, its wa-
terfront, and the city of Los Angeles-is to con-
solidate and connect these plans into a framework
for unified development of the waterfront and
downtown.
San Pedro has a rich and robust history as the
port community of Los Angeles. After years of
planning for the indi,idual segments of the com-
munity, the ULI panel's mission was straightfor-
ward: to forge an integrated, action-oriented plan
to reconnect the community with its waterfront,
while meeting the many quaIity-of-life objectives
of the community and the ongoing business and
economic operations of its longstanding partner
in the community's economic destiny-the Port
of Los Angeles.
Part of the city of Los Angeles, the waterfront
community of San Pedro is home to one of the
world's busiest harbors, the Port of Los Angeles.
Increasing international trade has sustained ship-
ping volume at the port, while industrial acti,ities
such as oil refining benefit from long-established
infrastructure, a skilled workforce, and access to
national and regional markets.
Even though the port has expanded significantly
over the past three decades, San Pedro's down-
tovm commercial district and nearby residential
areas have not. They have been affected by the
same economic and social changes shaping central
urban areas throughout the country. Currently,
the central business district is in continuing tran-
San Pedro, California, September 22-27, 2002
Sacramento*
San Francisco _.. Oakland
. San Jo~
Fresno.
. Los Angeies
San Pedro. -;'ong Beach
7-36
"~
'"'.
.San Diego
''"'
\
"
/
)
~
.J
7
.,,,,,,",",,..,~.,
Lo~ A"9ole. Courn:y
O"'",!oCount.y
Fuik<r'Mn
S"udy.~.=
.-
::'/",
'C
v-
".
-
,
sition with a surrounding neighborhood of very
low- to moderate-income residents and nearby
moderate- to high-income residential areas.
Through its Community Redevelopment Agency
(CRA), the city of Los Angeles established two re-
vitalization areas: the Beacon Street Project Area
in 1969 and the Pacific Corridor Redevelopment
Area in 2002. The tight urban fabric of the Beacon
Street area, a longstanding city district along Har-
bor Boulevard, was cleared for redevelopment dur-
ing the 1970s. This clearance, together with the
expansion of the port facilities, replaced a long-
standing urban district along Harbor Boulevard
"ith a large vacant area that disconnected the
downtown from the waterfront.
Office and retail vacancies in the Beacon Street
area. remain high, 30 years after clearance. A cen-
trally located, multistory office building, !mown as
the old Logicon Building or the Pacific Trade Cen-
8
7-37
ter, has been vacant for the past ten years. More-
over, a highly visible downtown parcel, H-2, has
been vacant since the 1970s.
In the central business district, local retail estab-
lishments gradually closed and were first replaced
by thrift shops and other budget stores. Pioneer-
ing coffee shops, restaurants, art gallelies, and
professional offices are now replacing them. A Los
Angeles County Courthouse, the Harbor Depart-
ment Headquarters, and other municipal and pri-
vate offices now anchor the downtown, creating
an important component of weekday business ac-
tivity. Private developers have restored a number
of attractive historic buildings and many of these
dovmtown sites, including the restored landmark
Warner Grand Theater, are frequently used for
movie and television location shoots.
Pacific Avenue, the commercial core of the Pacific
Corridor area, has local services such as mechan-
ics, barbershops, locksmiths, appliance stores, and
banks. These commercial entities extend for 20
blocks in a business corridor that is distinct from
the central downtown distlict.
Stretching four miles from the Vincent Thomas
Bridge to the Cabrillo Beach breakwater, the San
Pedro waterfront is adjacent to the downtown and
residential areas. Under the jurisdiction of the
Los Angeles Harbor Department, the waterfront
contains a variety of active maritime-related uses,
two museums. several marinas, and a hea\ily used
public beach and boat launch. The fishing fleet and
related support activitie8 remain an important
feature, although much less so than during their
peak almost 50 years ago. In addition, there are
isolated areas of successful visitor-oriented com-
mercial enterprise, industrial sites, and abar,-
doned, vacant, or underutilized sites.
Other important features include a very busy
Cruise Center, the Ports 0' Call Village commer-
cial development, and a modern marina. Plans for
expansion of the marina as part of Cabrillo Phase
II are now under consideration. The Ports 0' Call
properties are operated by a limited number of
leaseholders under a master lease 'l;vithin a long.
An Advisory SelYices Panel Report
term agreement. The Harbor Department con-
trols the southern segment of Ports 0' Call.
As San Pedro was slow to experience the urban
renaissance that took root in many central cities
and waterfronts dnring the 1990s, the port and the
CRA pursued more intense planning and develop-
ment initiatives independent of one another. These
efforts resulted in a series of unrealized plans and
failed public/private ventures. In 1999, a memo-
randum of understanding between the Harbor De-
partment and the eRA was signed to coordinate
downtov,'11 and waterfront development. However,
the relationship envisioned by this agreement has
not been achieved, as the two agencies were un-
able to establish an effective working relationship.
In June 2001, MayorJames K. Hahn and Council-
woman.J anice Hahn, both residents of San Pedro,
entered office, creating a renewed sense of opti-
mism, cooperation, and opportunity. Currently,
local elected officials and community stakeholders
share a strong interest in creating a broad con-
sensus for transforming the dO"\Vlltov,rr. and the
waterfront.
San Pedro has three active neighborhood COl.ulcils,
all of which are interested in downwwn and water~
front redevelopment efforts. These councils pro-
vide an opportunity for local community participa-
tion in the decisions of the city of Los .Angeles. In
San Pedro. Califomia. September 22-27. 2002
addition, the Port Community Advisory Commit-
tee, representing a range of business, labor, and
community groups, serves as an advisory body to
the Harbor Department Board of Counnissioners.
The CRACs decisions concerning downtown San
Pedro are guided by input provided by the Port
Community Advisory Committee.
A panel of community stakeholders developed plans
for a waterfront Grand 'Promenade. In June 2002,
the Hal'bor Counnission approved the concept of
the promenade. This promenade plan is set forth
in the Waterfront Access Task Force for the Com-
munity and Harbor (WATCH) plan addressed
later in this report.
9
7-38
he panel's approach focuses on providing
prescriptive solutions that are intended to
endure long after this report is published.
To determine potential workable solutions,
the panel has addressed not only the questions
posed by the sponsors, but also, and perhaps more
important, consciously has chosen to address what
it believes is a realistic and actionable basis on
which to proceed.
The panel is keenly aware that both passion and
politics have been in the forefront in recent months.
The panelists are deeply impressed with the level
of community involvement and consensus that the'
WATCH plan has engendered. It is a credit to the
San Pedro community that there is an active, heart-
felt initiative to reconnect the corrununity to its
waterfront.
However, the panel is equally cognizant of the fact
that the waterfront i8 not the sole issue affecting
the San Pedro community. Other issues of concern
include the following:
. maintaining the community's character;
. increasing public safety;
. achieving longstanding efforts to revitalize the
dOwntO,^,ll;
. finding acceptable housing solutions, both for
the existing stock and for the introduction of
new housing; and
. fostering economic prosperity by attracting
employment opportunities and preserving the
community's standard of li,ing.
All these issues and more are ones that have been
often repeated in the various planning documents
the panel has reviewed as well as during the more
10
7-39
than 75 interviews the panel conducted while
on site.
In the panel's opinion, singularly focusing on the
waterfront and the Grand Promenade is extraor-
dinarily risky. The concept of the Grand Prome-
nade itself is powerful, and undeniable in its basic
merit. A singular or myopic focus on the Grand
Promenade as "the solution" for San Pedro, how-
ever, is far too narrow in the panel's view, The
panel strongly endorses the concept of the Grand
Promenade---€xtending from bridge to breakwa-
ter. On the other hand, the panel has serious res-
ervations concerning the specific plan presented
in the WATCH plan as it incorporates much of the
existing land uses and the arrangement of uses
along San Pedro's community waterfront.
Similarly, the expressed belief that the Port of Los
Angeles is the singular problem of the commu-
nity strikes the panel as too facile. To the panel, it
seems undeniable that the port and the San Pedro
community in fact have been longstanding part-
ners in each other's destiny and economic welfare.
The notion that the port "owes" the San Pedro
community economic "reparations" for its alleged
ills over the past 100 years seems strange and
misplaced to the paneL
Neither endorsing nor condemning the port, the
panel sta.rts its work with the understanding that
the San Pedro community and the port have been
and ""ill continue to be linked in a common destiny.
Despite the strong linkages between the port and
the San Pedro community, there has been a grow-
ing gap in their respective economic conditions
over the past 30 years. The loss of the shipbuild-
ing industry, and the demise of the southern Cali-
fornia fishing fleet and the canneries that both were
once an integral part of the San Pedro waterfront,
are often cited as reasons. At the same time, the
port has responded to evolving global market con-
ditions and opportunities with steadily increased
An Advlsnry Services Panel Report
containerization and the continuing gromh and
popularity of the cruise ship industry. All of this is,
of course, old news to the San Pedro community.
Equally old news is the deterioration of the cen-
tral core of the downtown and the once-thriving
local service retail establishments along Sixth and
Seventh streets and Pacific Avenue. Similar de-
clines in retail occupancies have occurred along
the waterfront on port-owned property, specifi-
cally at the Ports 0' Call Village.
The panel has examined the market issues-which
will be addressed in more detail later in this report
-and concluded that market and development op-
portunities indeed exist. They do not, hO\"'8Ver, in.
valve the restoration of the old, nor do they entail
the introduction of a major bMe of national chain
retailers. The size of the market base limits the
scope of the retail that is realistically supportable
in the community.
In contrast, opportunities abound in the housing
sector. It is clear that San Pedro is being discov-
ered for its stock of entry-level housing (by south-
ern California market standards) and its unique
community character and scale. The panel was
slLrprised to discover tnat. in a thriving. supply.
deficient metropolitan market. so little new hous-
ing has been developed in the community and that
the CRAs development plans (such M the Beacon
Street Redevelopment Project) do not capitalize
on this strong and readily available opportunity.
The community's underdeveloped tourism and
recreational base also mystifies the panel. Cruise
ship passenger traffic is steadily increMing at the
port and many weekend "day-trippers" are at.
tracted to the restaurants at the waterfront, yet
there appear to be no strong efforts to expand on
this opportunity. Signage pointing the way to the
waterfront and other local attractions is poor or
nonexistent. Fe",- new facilities have been added
and no attempts at "branding" the San Pedro com-
munity were evident during the paners visit.
An obstacle to increasing tourism is the limited ac-
cess to and the generally undennaintained charac-
ter of the waterfront. That visitors find their way
there in the face of confusing access, poorly main-
tained physical structures such as the Ports 0' Call
San Pedro, California, September 22-27,2002
Village, and virtually no attention to grounds
maintenance is a testament to the powerful draw
of the waterfront.
,
In the panel's view, it is not a question of market
potential or development opportunities, Though
certainly not unlimited, clearly discernible oppor-
tunities are readily at hand, The panel believes the
essential market-driven issues are the following:
. the need to improve access to and circulation
\\ithin the community, including "gateway" en-
tries at the northern and southern ends of the
dO'wnto\V1l area;
. the need to "unlock" real estate sites for devel-
opment
. the need for the adoption of high-quality devel-
opment standards; and
. the need to invest-and to invest significantly-
in public improvements that raise the quality
and character of San Pedro's public areas in its
dO"IA71town core and waterfront.
Though the issue of "gateways" into the downtown
and waterfront areas is not "lAithin the panel's
charge or study area, the panel strongly urges
11
7-40
community leaders to address it. If access and
circulation are difficult, it will impede the develop-
ment of key sites. An area of immediate need, it
requires attention now, before new public and
private development initiatives advance and then
are constrained.
How to forge a cohesive, well-integrated frame-
work for the successful development of the water-
front and the core downtown area is the challenge.
At present, the City of Los Angeles Harbor De-
partment controls the waterfront. The city's Com-
munity Redevelopment Agency has the mandate
for two redevelopment areas: the original Bea-
con area and the more recently adopted Pacific
Corridor area. The boundaries of these areas ad-
join in some places, but they do not overlap. The
combination of the boundary jurisdictional issues
and the basic differences in organizational mission
and style makes it understandable why a panel
was requested. W'hen the Harbor Watts Economic
Development Corporation, the Port Community ,
Advisory Committee, the San Pedro DO'il'lltown
and vVaterfront Task Force, neighborhood coun-
cils, the chamber of commerce, and business and
labor u..'1ions are added to the mix. even more lay-
ers and interests emerge.
It would be easy to suggest yet another overarch.
ing organization or even an entity with specifically
focused "joint powers" to address these issues. Yet.
in the panel's opinion. what the community needs
is to streamline and simplify.
12
7-41
This report provides two very specific recommen-
dations regarding how to organizationally mobilize
to implement the panel's key findings. These are:
. the creation of a new limited-purpose entity-
the San Pedro Community Waterfront Trust-
a nonprofit association whose sole purpose is
to hold, improve, and maintain dedicated public
lands on the waterfront, including a promenade
for the use of all citizens; and
. the transfonnation of the San Pedro Downtown
and Waterfront Task Force into a pennanent
organization to coordinate the implementation
of waterfront and downtov,'1l development in
San Pedro.
These recommendations are described in more de-
tail in subsequent parts of this report. Additional
suggestions include sharpening the focus, the
methods of operation, and timetable of the two
largest eAisting organizations-the Port of Los
Angeles and the CRA-regarding directed devel-
opment initiatives in the waterfront area and the
core dO,",l1tOi,.V'1l.
There is an entrenched mosaic of organizations
with direct responsibility for or tangible interests
in the future direction of and development activi-
ties along the waterfront and in the adjoining core
community "uplands." The panel's approach is
simple: to build on the strengths of the existing
organizations and to supplement only where there
is a logical or unfilled need that is not likely to be
well satisfied by existing institutions.
An Advisory SelYiGes Panel Report
an Pedro's history as a port hub, a fishing
village, and later as a Iivelwork town domi-
nated by the port is still in evidence as it
has transformed into a multifaceted resi-
dential bedroom community, San Pedro's identity
is still closely tied to the port,
In the context of the greater Los Angeles area,
the port makes a tremendous economic impact
throughout the region, International trade rela-
tions through the port are a vehicle for jobs, a
source of direct revenue for the city of Los Ange-
les, and an important component of the California
and U.S. economies. It is a symbiotic relationship
in which both the port and the community of
San Pedro dramatically benefit or suffer at each
other's hands.
San Pedro is also connected to greater Los ,..tUlge-
ies. YetI San Pedro has not shared in the dynamic
growth of the overall metropolitan area. With a
population of 9. '7 million, Los _4..ngeles is now th~
lar.gest Clty m the United States. The city has an
unemployment rate of less than 5 percent. which
fueis an ongoing demand for quality housing from
an ever-rising tide of new residents flocking to a
relatively healthy Job base. San Pedro, however,
has not captrn"ed its share of new residents or
businesses. San Pedro commuters drive to mili-
tary bases; office workers drive to dovvntovm Los
Angeles, Long Beach, Torrance. and other south-
ern California business centers; and service work-
ers drive to the airport. San Pedro is well located.
providing residents ",ith convenient access to the
major employment centers in gyeater Los Ange-
les, but it is not positioned to capture the residen-
tiaL retail, or office market overuow.
San Pedro's strengths are clear and marketable,
and should be built upon. The town has interesting
architecture and beautifully restored buildings.
such as the Warner Grand Theater. a 19308 a.."'1:
deea mOvie theater that is often used as a set in
the production of iihns. The museums. the Korean
San Pedro, California. September 22-27, 2002
Bell-given to Los Angeles in 1976 by South Korea
to symbolize the friendship between the two
countries-the ships, the fascinating visual show
of a working port, the distinctive restaurants, and
the flourishing arts community are assets that
enhance the quality oOlfe and define the character
of tlus place. Most important, San Pedro has per-
sonality.
To recognize San Pedro's market potential is to
embrace the fact that approximately 40 percent of
San Pedro's residents are Hispanic and that this
segment of the community is as integral to San
Pedro as the Port of Los Angeles. Greater Los
Angeles has nearly double the number of Hispanic
residents of any other city in the nation-4.5 mil-
lion. This demographic reality is reflected in the
San Pedro community. WIthin walking distance of
do",-,-utov,rn, 68.5 percent of residents are Hispanic.
The presence of thi, ethnic group continues San
Pedro's rich history as the home of hardworking
immigrant farnihes. If the town's founding families
and community leader, regard the Hispanic com-
munity as an obstacle. or regard it as irrelevant.
then San Pedro will not realize its captive buy-
ing power.
San Pedro"s dOlNLlto'livn was once thriving, with
family-o~'Tled businesses and destination retail a':.
Ports O' Call Village at the harbor. As the compo-
sition of residents living in San Pedro changed, a
radical transfonnation or the retail industry was
happening simultaneously. San Pedro's history as
a fishing village and a company town dominated
b~' harbor workers gave way as immigrants moved
in and low-incomE housing was built, and affluent
second- and third-generation residents, seeking a
suburban lifestyle, crossed Western Avenue.
Downtowns in every city across the country lost
customers to malis as the population shifted to
7-42
13
't
e-':+--- ."
suburbs. Nowadays, as American lifestyles con-
tinue to change, malls are feeling the squeeze fi'om
big-box retail, with Wal-Mart leading the charge.
San Pedro's average household income is below
the national average. Nonetheless, approximately
half of all residents within walking distance of
downtown have household incomes more than
$50,000 and 41 percent are white-collar workers.
~4Jso. upscale city singles between 25 to 35 years I
of age have discovered San Pedro. finding it an
attractive and fun place to live.
San Pedro is grovving at less than 1 percent a year.
It is not declining, nor is it surrounded by outward
growth alATay from tOlATTl. High-income gTolAih is
creeping ever slowly around the edges of \.V"estern
Avenue, along the coast. and inward.
Existing retailers in dOVllltO"Vn San Pedro can pro-
vide a base upon which to reestablish the business
district as a pedestrian destInation. F or this to hap-
pen, the area needs to be repositioned as a bou.
tique shopping area, with specialty tenants cater-
ing to tourists and local residents be~'ond Gaffey
Street. CmTently, foot traffic from the waterfront
to downto"rn is not significant. San Pedro's do'WTI-
town can be tied to its waterfront, provided that
waterfront retail uses are complementary and en-
hance the overalL San Pedro retail experience.
DOwntOVlIl lies outside San Pedro"s main traffic
corridors-Gaffey Street and Pacific Avenue. Its
restaurants and stores are visited as destinations
14
7-43
or because of the cross-flow of pedestrian traffic.
Major retailers that serve moderate-income pa-
trons can capture this the market more effectively
on Gaffey Street than on Seventh Street. Tourist-
oriented retail can capture cruise ship travelers
most effectively at the waterfront, especially if
it is located in a pleasant, open departure area.
Therefore, if downtown is going to be revitalized
into a vibrant, active destination, the chamber of
commerce must coordinate planning, marketing..
and management efforts with the port.
San Pedro's restaurants are core retail anchors.
The unique and friendly gathering places that fea-
ture ethnic foods constitute an advantage for San
Pedro in the competition with predictable chain
restaurants. With their diverse atmospheres and
clienteles, restaurants such as Papadakis Taverna,
the Fish Market, VIllale & Ale, Ante's Croatian
Restaurant, and Sacred Grounds coffee shop could
not be re-created elsewhere.
Successful restaurants in San Pedro add to the
authenticity, character. depth, and allure of the reo
tail environment. They are also pivotal to attract-
ing customers from the cruise ships, from the other
side of Western Avenue. and from throughout the
greater Los Angeles area. Ports O' Call Village is
obsolete, yet 72 percent of San Pedro's residents
say it has good restam'ants. No trendy themed
chain restaurant is better for San Pedro's retail
market position than its long-term. family-o'Wlled
and -operated gathering places. San Pedro can
build upon this traditionallegac)'. Indeed. the
seemingly strong sales volumes of the existing
restaurants are the most credible marketing
tool available for attracting significant upscale
retailers.
Because the city is biessed ",rith a vibrant arts com-
munity, San Pedro's galleries also are leading the
way to creating a unique retail destination. The
area across from the Los Angeles County Court-
house shows what first needs to happen for the
do\V-ntown to rebuild into a pedestrian-friendly
retail corridor. Dovmtown merchants that serve
niche lifestyle interests, such as the local \Vine shop,
can drav;- from both area residents and tourists,
An Advisory Services Panel Report
luring them from the concentration of entertain-
ment uses and restaurants at the port.
Upscale retailers seek locations where they can hit
the bull's-eye of maximum density of high-income
residents. These retailers view San Pedro from
the context of covering the Los Angeles market.
San Pedro's residential market is not yet strong
enough to justify a retailer to open a separate lo-
cation on this peninsula, and the tourist market
has not been established to effectively compete
with the destination offerings in Long Beach. For
example, when a Border's Books & Music or a
Barnes & N able evaluates the greater Los Ange-
les market, it zeroes in on how to locate closest to
the greatest volume of college-educated, high-in-
come households with high purchase rates.
In the absence of ideal locations within the strong-
est residential base, retailers locate where other
retailers are already achieving high sales volumes.
San Pedro does not yet have the residential or the
tourist base to support retail as the lead economic
revitalization tool. How'ever, population and in-
come gro,-,,'th signals to retailers that an opportu-
nity to locate in an up-and-corning residential and
tourist market exists. By revitalizing its housing
stock and welcoming new residents. San Pedro
'\Ivill be taking powerful steps toward effecting re-
tail economic development.
Retail revitalization from the inside out. is more
likely to be successful in San Pedro because it is
already slowly happening. Business incentIve pro-
grams to encourage startups should be in place to
foster entrepreneurship and to stimulate demand
among potential tenants for vacant space do"",.1.
tovm and at the waterfront. Vacant buildings
around downtovm and in \iev.' of the connection
between the waterfront and aowntoWTl may be
prime retail locations one day. Funds to purchase
and provide buildout expenses and financing for
key locations to connect downto'Wll to the water-
front should be considered.
Curb appeal is difficult to maintain in a retail envi-
ronment filled Viith public streets and independent
San Pedro. California, September 22-27. 20C2
owners, To the extent that retail in San Pedro can
be treated as though it were investment property,
managed, maintained, and operated as a cohesive
shopping center, the prospects for attracting and
retaining quality retailers will improve. Safety,
cleanliness, consistent signage, frontage condi-
tions, parking availability, and marketing cannot
make a retail district successfuL but their absence
can cause it to fail.
Professional management would need to include
walking safety patrols and the provision of fre-
quently cleaned public restrooms. Training and
quality audits for service, display, merchandising,
and coordinated marketing programs would help
to unify retailers. If the waterfront, local cultural
attractions, and the downtown are marketed in
unison, they will all benefit from the increased
perception of critical mass and from cross traffic.
Furthermore. the downtown district should be
clearly demarcated at both of its entry points.
There are no postcards, T-shirts, or coffee mugs
emblazoned 'With images of San Pedro; it is not
obvious how to best spepd a day and a dollar in
San Pedro. .
Housing starts are an alternative tool retailers
use to assess a market when sales volumes or de-
mographics de not match spending power. The
Los Angeles housing market is so undersupplied
that national housing reports currently list the va-
canc~- rate as .'virtually none." Studies completed
in 2002 for San Pedro estimate that the housing
demand could support over 3.000 new units, yet
15
7-44
there may have been fewer than 350 net new units
added in the past ten years. Only 27 permits were
issued in 2001, "ith the first six months of 2002 on
par "ith this pace.
Housing growth stimulates commercial gro"th.
San Pedro's housing market is out of synch with
the greater Los Angeles market. The residential
buying power necessary to attract and support
viable retail downtown and at the waterfront lies
on the other side of Western Avenue. The devel-
opment of market-rate intill housing in quantities
large enough to counter the disproportionate share
of low-income and special needs housing that has
been allocated to San Pedro can happen only if
there are parcels large enough to create an im-
pact. An infusion of families to counter the nega-
tive perception of gangs and transients is possible
only if the housing stock and the community are
attractive and well maintained and there are ade-
quate educational opportunities.
With a 40 percent vacancy rate in the San Pedro
office and industrial market area, office develop-
ment is not recommended as a strategy for eco-
nomic development at this time. Thougn not a
priority~ new office development constitutes a
potential option if certain conditions are met. Re-
sponsible office development in today"s economy
involves preieasing or preselling to stable, credit-
worthy businesses with the potential to provide
livable-wage jobs for local residents.
Economic development recruiters could use tax
incentives and other resources to attract large-
footprint tenants who would gain some advantage
by locating near the port. Potential tenants in-
clude vendors, suppliers, investors, lenders, seI'.
vices providers, and companies that already do
business with the port. Relatively proximate to
Los Angeles International and Long Beach air-
ports, San Pedro is a commutable distance to
other major employment centers in Los Angeles,
providing an additional advantage to prospective
office tenants.
16
7-45
San Pedro's waterfront can and should be the cat-
alyst for the community. There are numerous ex-
amples of successful waterfront projects all along
the West Coast, indeed allover the world. Most
of the successful uses are a combination of parks,
public facilities, and commercial services.
An active container pOlt does not preclude the po-
tential for active recreational areas. Charleston,
South Carolina, for example, is the second-largest
container port on the East Coast; it also has become
one of the nation's most upscale tourist destinations,
celebrating its military, industrial, social, and ar-
chitectural history. The most appropriate uses for
San Pedro's waterfront are those that preserve
the authenticity ofthis community, provide active
recreational opportunities for residents, and offer
retail uses and visual entertainment for cruise
ship tourists.
In the panel's view, this is a worbing waterfront
that can celebrate the harbor and its heritage.
The waterfront should not become a sterile envi-
ronment. It also ShOUld not be dominated b)' chain
retailers that can be replicated at Long Beach or
anyv...here else.
The waterfront car. be an economic engine in many
ways. Because children constitute 25 percent of
San Pedro's population: the waterfront needs to
be a place where things can be touched and climbed
on, and this fact should be reflected in any devel-
opment plans. The follovving is a partial list or po-
tential active and passive recreational. retail. and
entertainment uses ror deveiopment on pOrt land:
. parks ana trails:
. museums and aquariums:
. public art galleries:
. intel~retive historical and educational opportu-
nities:
. boating, windsurfing, and hang gliding:
. vrildlife viewing:
. festival/staging:
All AdYisOlY SelYices Panel Repon
. tourism-oriented retail and restaurants \-vith
outdoor seating;
. athletic facilities;
. fishing/fishing charters;
. retired naval ships, ~rr.ecks, and submarines:
. botanical gardens;
. a cooking school;
. carriage rides;
San Pedro, California, September 22-27, 2002
. a chapel;
. a band shelVamphitheater;
. markets-fish, produce, flowers, candy;
. a resort hotel;
. shipbuilding; and
. a marinaJnautical shoplbass pro shop.
17
7-46
lanning and design are central to many of
the issues confronting the community of
San Pedro, and they also provide potential
solutions. The historical physical planning
grid was an effective link to the oceanfront envi-
ronment for early businesses and residents. Over
time, industrial, port, and transportation uses have
disconnected the waterfront from the historical
downtown of San Pedro. Reclaiming the physical
relationship between the San Pedro community
and the waterfront is essential to physical revital-
ization, in the panel's opinion.
Nwnerous studies have been conducted over re-
cent years. The Pacific COlTidor Redevelopment
Project Report, the Beacon Street Redevelop-
ment Project, and even the San Pedro General
Plan are all examples. The Pacific Corridor Rede-
velopment Project Report, adopted in May 2002,
estahlished a clear mission and comprehensive
goals for most of the traditional downtown San
Pedro community. Calling for neighborhood pres-
ervation and rehabilitation, it identifies thematic
elements to tie the downtown to the harbor. These
plans have been thoughtful, and many of the con-
clusions reached are similar to those of the paneL
However, the planning process has been discon-
nected, with uneven implementation.
Recent visioning exercises through community
workshops, and advisory groups have made signif-
icant progress in breaking dovm barriers among
the various stakeholders. These efforts also have
identified divergent opinions. It is time to build on
the substantial consensus reached through studies
like the WATCH plan and to continue to resolve
points of contention. As the panel learned during
its visit, the "aligrnnent" or political interests and
the desire of community members to trust one an-
other, city institutions, and elected leaders have
never been better.
Immediate planning initiatives should lay the foun-
dation for the final implementation of the following:
18
7-47
. COlmect the dOvvlltowl1 grid directly to the wa-
terfront;
. introduce clear gateways to the community \\ith
wayfinding signage while establishing a strong
entry along Harbor Boulevard;
. establish distinctive subdistricts along the prom-
enade, including a cruise tenninal, a maritime
museum and civic center, a festival park, a fish-
ing village, and a marina;
. create a new Crescent traditional neighborhood
development;
. define the downtown commercial area, with Sixth
Street a8 the "main street/' Pacific Avenue as
the "market street," and Seventh Street as the
"artists' walk":
. establish "addresses'~ for residential neighbor-
hoods and preserve and strengthen community
connections:
. connect cultural amenities vvith open space and
recreation resources;
. develop parcel H -2 as mixed-use downtov..'1l hous-
ing "ith ground-floor retail: and
. encourage residential infil1.
Clearly, the powerful concept of the promenade.
engendered by the WATCH planning process. has
established an effective symbol for opening acces.::
for the San Pedro com!nunity to the sea. The prom-
enade concept allows for the introduction of a mix
of compatible, nonindustrial uses, both pubhc
and private, along the waterfront. including
recreation, retail, and restaurants as well as an
e,:panded cruise terminal facility. a maritime mu-
seum, public art, and the commercial fishing vil-
lage. To be successful, this concept can be imple-
mented with consideration given to the following
priorities:
An Advisory Services Panel Report
P~ys,cai and Vi"ua'
Cr~"c~nt
Dis,;r'c;
Fl5~lng "I~~;
Entry/G~uway
Main Cha~n~1
~
T~c""n"l i9iand
\r~-c,,"Y ._,,~<
K"Y:
Resid~ntial
'1istociC C"n"Ocal BU5ine5s J;5t~i.;t with Prop05<::d Mix~d Jse
Communi'tyWatl'lriront Park
"u~liG Ac:cef>s
c=:::=J Jn~titutionai or <'iJ~lic Buildin'3~
. Agree on the desirability and validity of the
promenade-eA"tendllg from bridge to break-
water-to be implemented in a series of phases
over the next decade.
. Begin detailed design of a specific section of the
promenade immediately.
. Identify the right construction "starting point."
The portion of the promenade between the World
Cruise Center and the Los Angeles Maritime
Museum would provide significant synergy
among the activities at the terminal, the mu-
seum, and the restaurants and shops downtov.'1l.
San Pedro, Califomia, September 22-27, 2002
:'owntow~ J~v~lopment SiU;
. Execute the first segment "ith skill and keen
attention to detail. The quality of design and
materials used will be critical.
. Ensure that this initial phase is concentrated
and focused. Even though work might start on
remediation, demolition, and construction at dis-
connected points along the promenade, the first
new phase must deliver a clear, coherent
scheme that stands on its 0\\11.
. Make the initial section work "ith improve-
ments on Sixth and Seventh streets and Pacific
19
7-48
--' C~"t"e 5t...,,~t
] UR~SidenCial Nei~n~or!1ood
UULJ
EntrylGauw3y
1A
---
I;ictocyr_ane"\
\ (W~:lnd'ng !
i! 0 (0) 0 0'f'C Av,
~DD DO 0>."
IDDOOOO[
OD~[~\][
~~8[jQJ~
~ ~R'dCacL'"
I~... _ I Parkmg
I _ ~ ~
- L.!\. :ar:me I~useum Disuict F~
Station
20
7-49
Avenue to deliver a series of visual experiences
that "tell the story" of San Pedro.
. Make the design flexible to overcome technical
and operational impediments) such as access to
ships.
. Deliver recognizable 'idistricts'" such as the sug-
gested Downtovm, Museum, and Crescent dis-
tricts, adding variety to and unique signatures
for each segment.
. Program the promenade to link existing resources
such as the maritime museum, the aquarium,
the fishing fleet, the beach, and the pier. These
existing elements should be simultaneously im-
proved and expanded.
. Maintain an appropriate civic character while
delivering the unique, authentic experience of
an active seaport with a significant historical
legacy.
. Use the promenade and Angels Gate as icons to
help establish a "San Pedro brand identity."
In addressing the development of the waterfront,
the panel has delineated the following develop-
ment districts: District lA, District IB, the Mu-
seum District, and the Crescent District. For the
panel's purposes, the central business district
runs from Harbor Boulevard to Pacific Avenue.
The l'orth Opportunities Diagrams Ion pages 19,
20, and 21) delineate these districts and provide
an overall view of the panel's recommendations.
Separated from the downtovm by Harbor Boule-
vard, District lA stretches from approximately
Third Street to the cruise terminal. F or District
lA, the panel recommends:
. redeveloping Harbor Boulevard as a strong
entry so that it does not cut off the dO\\'T1toiNI1
from the waterfront;
. developing a mixed-use project in the area
south of the cruise terminal:
. internalizing the parking structures for the
mixed-use development and the cruise terminal,
An Advisory Services Panel Repon
lining the structures with commercial and retail
uses to screen parking; and
. designing public access to the promenade and
the 'waterfeont that is sensitive to the security
needs of the cruise terminal.
The Museum District encompasses the area sur-
rounding the Los Angeles Maritime Museum be-
tween approximately Third and Ninth streets.
For the Museum District, the panel suggests:
. locating local museums in one area, giving them
an identity;
. a110'Wing the Los Angeles Maritime Museum to
expand its collection into a new building along
the promenade;
. considering opening the old ferry terminal that
is currently a part of the Los Angeles Maritime
Museum, if the museum has the opportunity to
expand; and
. weaving pedestrian waterfront access along and
around the existing Los Angeles Maritime Mu-
seum building. providing a waterfront prome-
nade wherever possible.
District IB extends from the edge of the Museum
District at approximately Ninth Street to the
edge of the main channel, including Ports 0' Call.
District IE reinforces the entry to the port. The
panel recommends:
. developmg a port museum or other public build-
ings;
. displaying an entry sculpture that will provide
a signature statement and an opportunity for
new art;
. creating a waterfront park where people can
watch the boats-and where c..ruise ship passen-
gers can watch the people in the park: and
. erectmg a collectIon of public interpretation
pavilions in the park to showcase information on
the port, local history, or the fishing industry.
The Crescent District follows Crescent Avenue
to the Cabril10 Marina. The panel has based Its
recommendations for the Crescent District on the
assumption that the port's plans for the Cabrillo II
San Pedro. California, September 22-272002
,:>~y5;'/II"MVi5ual
Nc'qhborhoo,," Lin~"q"e
Cr~;>cent
Di.,tc;c~
Fi..hjnq F",~-c
/
marina MIl proceed in the near terTIl. However,
the panel believes that this land is too valuable for
land-based boat sales aud would be better used for
residential development. The South Opportunities
Diagram (on page 22) shows the panel's contin-
ued promotion of the promenade and waterfront
access where possible along the east/west channel.
It also contains the panel's recommendations for
developing housing below the bluff in a manner
that creates a waterfront subdistrict. Residential
development should include the following:
. a street plaza;
. a public green;
. linkages to the waterfront and park;
. ties Into existing circulation pattern;
. building mass designed with sensithity to
views; and
. a pedestrian-friendly layout.
The panel suggests that the fishing fleet be main-
tained, 'With the addition of a retail fishing store
to complement the commercial fish market. The
panel did not specifically address Warehouse l.
However, the panel believes that the financial
merits of the adaptive use of this building should
21
7-50
-.~(""
C\'la.""~\
'>N~~~
;o..~\'I\"~ f"~"'"
"'~~? '
be evaluated; if reuse is not cost-beneficial, the
structure should be removed to permit a complete
redevelopment of the area and the watern'ont.
,
For the H-2 site, the panel recommends the devel-
opment of a three- to four-story mi.xed-use build-
ing with street-level commercial space topped by
residential units. In the illustrations on page 23.
the panel suggests a design that focuses on an
entry courtyard, with covered arcades lining the
commercial space on three sides of the structure
with an architectural style and roof lines that re-
flect those of the local area. A three- to four-story
building of this type can pro;ide a transition from
the current stock of historic two-story structures
to the large commercial buildings from the 1970s.
In terms of the sequencing of physical develop-
ment. the panel recommends focusing first on the
promenade and facade improvements in the cen-
tral business district. New commercial uses in Dis-
trict lA should be developed next, connecting the
cruise terminal to the bottom of SlAih Street. De-
velopment in District 1B should upgrade existing
restaurants and shops and introduce new ones at
Ports 0' Call Village. Then the development of
civic buildings, such as an annex for the maritime
museum and a waterfront park, should follow.
Z2
7-51
J> ,~
o _
Em:;y5tatu~
K~:
"ropos."dF;;rKlana
R"e;id"ntiill
~n1;ry/G;;t"""ily
It is difficult for ;isitors to locate downtown San
Pedro and the waterfront. As depicted in the left-
hand illustration on page 24, the entrance to the
historic central business district and the water-
front lies well outside these areas. Opportunities
exist along the primary vehicle circulation routes
-Harbor Freeway, Gaffey Street, and Harbor
Boulevard-to use signage to create "gateways"
leading visitors to the downtown and the water-
front.
Vehicle access along Pacific Avenue is not welcom-
ing. There are few, if any, signs directing motor-
ists to the waterfront and its amenities. Improve-
ments in access and wayfinding can make San
Pedro easier to visit. Consideration should be
given to the quality and location of signs to
achieve the greatest impact.
Botb primary and secondary gateways pro,iding
vehicular and pedestrian access to the San Pedro
downtown and waterfront are identified in the
right-hand illustration on page 24. Signage should
be used at these intersections to direct visitors to
the downtown, the waterfront, and parking areas,
giving consideration to pedestrian circulation
routes. The themes for the area should be noted
on the signage.
An Advisory Services Panel Report
Public infrastructure improvements designed to
link the dOlmtowl1 and the waterfront should in-
clude pedestrian crosswalks, signalization im-
pro\"emems, clear signage for directions, way-
finding and branding, parking upgrades, facade
improvements along Sixtn and Seventh streets,
open space development, and tree planting, The
paners vision for ~hese improvemems as they
relate to Harbor Boulevard is deplcted in the
illustration on page 25.
Clustering improvements along the main roads in
the centra! business district that lead to the water-
front can provi.de greater visual impact, and the
use of signage can characterize San Pedro as a
place Viith an identity. Facade improvements,
storefront avvnings, and other elements that can
tie together the restaurants and the shops can
create a welcoming atmosphere. Guidelines pro-
motmg good design should be set using the man)'
examples of building facade and streetscape im-
provements that exist in dOVvl1tOv,rn San Pedro as
benchmark.s to evaluate proposals.
Residentia! development, especiall)' new market-
rate housing. is an effective tool to stimulate exist.
ing commercial and residential areas and act as a
San Pedro, Caliiornia, September 22-27,2002
~'~"~---
catalyst for new retaiL office, and tourism uses.
The statutory prohibition on housing as an ele-
ment of the California State Tideland Trust iE a se-
riou, obstacle to the inclusion of housing along the
waterfront. However. the planning benefits of this
inclusion. especially in the suggested Crescent
District, are significant. Delivering a new intown
neighborhood ~ith traditiona! neighborhood char-
acter and at a scale appropriate for a true pedes-
trian environment, linked to the adjacent recre-
ational and marine uses, would be a significant
symbolic step forward in San Pedro's rebirth,
At the same time, developing both market-rate
rental and for-sale housing in the downtown dis-
trict. especially as a component of a mixed-use de-
23
7-52
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'==-~'~ '-_ "",,--, L
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veloprnent on the H -2 site. and as new discrete m-
fill elements and on the upper floors of renovated
commercial buildings, can all activate ground-floor
retail uses throughou: the dO~Tnto~l1 area.
This proposed new urban infill and expansion,
both at. the waterfront and in the dO~71tO'W'Tl com-
mercial district. must maintain the authem:icity
of the San Pedro experience to excite visitors
and comfort residents, A strong deSIgn recogniz-
able to San Pedrds longtime populace can incor-
porate these new elements into the existing fab-
ric and intensi..fy, rather than destroy. the area's
unique ambience.
The panel strongly recommends that tired for-
mulas for predictable generic waterfront develop-
ment should be avoided. I~ feels that a fresh, yet
classic look can greatly enhance the atmosphere
24
7-53
~ U LJl,. J IL.Jt.J
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""~ II i"'\CCl r -'~'C,' ,-
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and character of a new development while retain-
ing the historical roots of the community.
Revitalization of the downtown business district,
focused primarily on the link between the water-
front and improvements to SiJ..'th and Seventh
streets and Pacific Avenue, must be supported by
strong and purposeful design guidelines. Some el-
ements of the necessary guidelines are already in
place, but responsibility for integrating elements
into a clear. concise document within an appro-
priately defined district, including both the exist-
ing commercial areas and the waterfront, should
be placed in the hands of a single coordinating
agency. Appropriate revisions to zoning specifi.
cations as well as the new design guidelines need
to be implemented through the creation of an
overlay district.
An Advisoll SelVlces Panel Report
Buffer
Pedestrian
Walkway
'~"'~
/~. i.'\V
f[j~~U ( i
;! I
L1
J
f- Harbor
Finally, the execution of the proposed open space
and new development of the waterfront will pro-
vide clear evidence that a new culture of trust and
open communication has become an integral part
or the communityls character.
San Pedro. California, Septernber 22-27,2002
7-54
~
~?" "f,~I~;,
Boulevard -7
r
,~
-''1 (jfl
"U\'.' /
((') v,
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~,
.~ ~~;t:;t.~;;~;;I~t~G\I'
Combined
P edestria n! Ree reatio n
Path
25
uccess in developing the San Pedro water-
front and revitalizing the downtown will
depend more on institutional strategies
and attitudinal alignment than on real es-
tate per 5e, in the panel's opinion. San Pedro has
been characterized as the "last southern Califor-
nia beach community to revitalize." According to
many of the organizations and individuals inter-
viewed by the panel, institutional baniers have
impeded redevelopment. Although these baniers
have started to fall, trus portion of the report ad-
dresses a strategy and implementation blueprint
to reconnect the waterfront with the community.
At the core of any publicly sponsored development
initiative is a corrunon vision and a unified frame- ,I
work for acruevement. The panel endorses the
communit)"'s VlBion of reconnecting the San Pedro
community to the waterfront. In this section on
development strategies and implementation, the
panel presents an outline of a framework for the
community to achieve this \ision.
During the panel's visit. community leaders and
stakeholders repeatedly expressed frustratior,
regarding prior failed development efforts as
well as institutionally imbedded conflicts tha:
thwart progress for unified development. Based
on the panelists' professional experience and ob-
servations, the folloVling are offered as guidelines
for success:
. Establish a trust to ensure public access to the
waterfront.
. Eliminate confusion among stakeholders.
. Reduce the number of committees with over-
lapping and missions and members.
26
7-55
. Focus more on specific actionable steps and less
on process.
. IntegTate all planning and development to spe-
cifically address the connection between the
waterfront and the community.
. Build on the community's strengths, using the
port as an educational opportunity-marine his-
tory, arts, and cultural resources-and promot-
ing existing tourism as well as the availability
of reasonably priced real estate,
These general guidelines can serve as the mortar
that holds together the building blocks of a sus-
tainable development strategy. At the most basic
level, the panel recommends a development strat-
egy that includes the following four anchors.
Successful ousiness ventures rely on strong part-
nerships of mutual benefit and respect. Real estate
development on the waterfront car, create new
buildings and healthier businesses-but these eco-
nomic efforcs "ill fail if the)' are not based on a
relationship or trust and respect between the port
and the community. The port and the commu-
nity need to commit to a process that is open and
participative. Such transparency is vital to build-
ing trust.
The panel recorrunends, as the first step to round-
ing this relationsrup. the establishlnent of the San
Pedro Communit)" Waterfront Trust to hold the
public areas ofthe waterfront for the benefit of
the public at large. The process for capturing eco-
nomic value at the waterfront will succeed or fail
depending on the underlying strength and 8US-
tainabilit)' of the partnersrup between :;he port
and the community.
The port's mandate for these lands, to be held in
~rust for the public, is essentially port deveiop-
ment oriented. Trus mandate serves the port well
An Advisory Services Panel Repor!
\"Then it focuses on its basic mission of cargo, trans-
shipment, and customer service to the interna-
tional trading community. On the other hand, it is
the panel's opinion that the port is inexperienced
and not well equipped to focus on public redevel-
opment of land that is more appropriately used for
open space and recreation as well as for cultural,
cOlmnercial, and residential uses.
The panel believes that the revitalization and the
long-term economic health of San Pedro rely on
early and aggressive development of market-rate
housing adjacent to the waterfront and dO'WTltoVi11.
Currently, housing land values substantially ex-
ceed land values for retail or other commercial
uses.
By promoting the development of housing, the
community will capture substantial economic
value that could be used to fund other activities.
In addition, an influx of residents will create de-
mand for goods and services, contributing to the
economic viability of retailers both on port propM
erty and in downtovm San Pedro.
The panel believes that the port's commitment to
cease cargo handling and storage operations on
the west side of the channel goes beyond a desire
to repair its relationship with the community of
San Pedro. This is a good business decision as
well, because a vibrant waterfront and downto"ll
will enhance the porfs economic strength by cre-
ating significant real estate value, increasing the
\~ability of businesses operating on the water-
front, and improving the port'S community image.
These are legitimate business objectives that con-
tribute to the port's bottom line. This economic re-
ality warrants the pro\~sion of port funding for the
promenade and the waterfront recreation area.
U pfront investment from the port is particularly
important, as this is the foundation upon which all
further investment by other parties will depend.
It is beyond the panel's scope of work to quantify
the level of upfront investment that may be re-
quired. The panel suggests that the port's commit-
ment, at a minimum, should comprise the follow-
San Pedro, California, September 22-27, 2002
ing: the public lands it controls on the west side of
the channel for the bridge-to-breakwater prome-
nade; and at least 75 percent of the capital funding
for the mitial improvements for the first phase of
the promenade and the lands for major develop-
ment sites in the Crescent Area.
The panel's impression is that San Pedro hail been
stuck in a Kafkaesque world of endless planning.
Many things have contributed to this scenario: a
lack of cooperation between the port and the com-
munity; fear that development "ill contribute to
the notion that San Pedro is a social dumping
ground; and concern that development "ill fur-
ther destroy the character of the downtown.
Circumstances, however, have changed: the rela-
tionship with the port hail the potential to grow:
there is consensus on the need to preserve the
character of the d01N1ltown; and the panel believes
that market forces can be harnessed to produce
investment that maintains downtown's authentic-
ity. The development and implementation strate-
gies are designed to capitalize on these changed
circumstances and to move as quickly as prac'Lica-
ble to capture investment and value.
The implementation of these foW' strategic initiaM
tives \\111 require cooperation among- the Dort. the
chamber of commerc~, the eRA, and the ~ommu-
nity. The continued ieadership of Councilwoman
Hahn, representmg the 16th District, and the
mayor will be critical. This leadership ~~ll be par-
ticularly important in the early stages to 8llS1ITe
that sustainabie relationships and cooperation are
firmly established.
The San Pedro communit\: has an advama2'e in
having an organiza-cion al~ead~' in place th;t is
charged with the coordination or existing plans ror
the waterfront, dovvntO\VT, redevelopment. and in-
tegTation of the panel's findings and recommenda-
tions. This entity-the San Pedro \^,raterront and
Dow'1ltmvn Task Force-would be the appropriate
organization, in the panel's opinion, to Ol,Tersee a
coordinated development process for the water-
front and the downtown. TIllS organization can
serve as the pubiic forum where transparency can
27
7-56
be incorporated into the implementation process
to build trust and accountability. The charter of
this group and its membership will need to be ad-
justed to reflect this expanded oversight role.
The panel suggests that, as a first step, the port,
the city, and the CRA formally ratify this new role
for the task force. This task force has been instru-
mental in promoting the integration of any cohe-
sive waterfront and downtown development plan.
Originally, the task force was anticipated to last
six to eight months. However, the panel recom-
mends the extension of its life and the expansion
of the sponsor base with the addition ofrepresen-
tation from the Los Angeles Visitor and Conven-
tion Bureau and the Department of Cultural Af-
fairs. The three initial goals already defined by the
task force should be broadened to include ongoing
coordination of city and council resources related
to the development and maintenance of the water-
front and dovmtown projects.
The organizational corollary to the task force is
a new permanent organization-the San Pedro
COr.1lllunity Waterfront Trust. The panel strongl)'
recommends that this new entity be formed "'
a private, nonprofit organization with fiduciary
responsibility for the deveiopment and the ongo-
ing operation of the promenade and public open-
space areas.
The trust would create a new framework for the
management and development of the public areas
of the waterfront. This new framework is essen-
tial for success to be achieved in the private devel-
opment of the waterfront and in the re\italization
of the downtown.
Having a trust will foster feelings of certainty about
the future, which is important when eliciting in-
vestment from the real estate community. It also
would create the conditions necessary for maxi-
mizing community support and outside funding
for the promenade and the recreation area.
The trust would be directed by a board composed
of seven members who represent the port, the
28
7-57
city, and community interests. The board is ex-
pected to consist of the following:
. the port-two members;
. the city (mayor or appointed mayoral represen-
tative, or councilmember from the 15th Dis-
trict)-two members;
. the maritime museum/aquarium-one member;
and
. the community-two members.
In addition to the governing board, the day-to-day
operations of the trust will be supe!'\~sed by three
senior staff consisting of a chief executive officer, a
chief financial officer, and a chief operating officer.
The senior staff would be hired by the board mem-
bers and would serve at their discretion.
The panel suggests that the port lease those areas
outlined in the recommended waterfront devel-
opment area, consisting of the right-of-way for
the promenade and the public open spaces. on a
long-term, nominal basis of 50 years or more ""ith
renewals. The port will retain control or all its
lands outside of the public rights-of-way for the
promenade and the watersidE: uses and physica.
structures such as the bulkheads and the exist-
ing marina.
The panel encourages the parties to let :he mu-
seum and aquarium foundations participate in the
trust. As the partnership evolves, opportunities
for synergy ",rith the truSt and the foundationi3
will be grea:.
It is recommended that the trust staff contrac:
the design of the improvements for the water-
front promenade ami significant public: areas. In
addition. the trust would oversee the day-te.-day
operations and maintenance responsibilities to
outside vendors.
The panel emisions ~he port to be a logical SOlITce
of sta.>1:up funding for the trust. .ith trust staff
immediately commencing private funding efforts
and identification of other funding sources. The ac-
tivities of the trust would be funded through port
and community contributions and assigned devel-
opment revenues. A cost-sharing agreement be-
An Advisory Services Panel Report
tween the port and the trust 'Will need to be an
early part of the implementation process. This
agreement would create incentives for the trust
to seek outside funding for the development and
maintenance of the promenade and recreation area.
The trust will direct subsequent private fundrais-
ing efforts for capital to extend the promenade.
and the port will match all raised funds.
Outside funding potentially can come from the fed-
eral and state levels, such as the California State
Coastal Conservancy. Other foundation support
may provide significant grant and fundraising op-
portunities. especially if tied to programming at
the maritime museum and the aquarium.
Funding may be available through the following
public and private sources:
. the Public Improvement Arts Program, or Per-
cent for Arts progJ'am, which requires 1 percent
of the capital improvement cost of all construe-
tion, improvement, or remodeling undertaken
by the city to be allocated for public art;
. existing capital improvement bond issues;
. the Los Angeles Convention and Tourism Bureau;
. extant economic development resources for
business development;
. private investment;
. an expanded business improvement district
and
. public and private grants.
The trust can also be the vehicle for harnessing
community financial participation. The recently
completed Fisherman's Memorial was funded by
over $200,000 of community donations. San Pedro
has deep roots. It is a community that, given the
opportunity, could strongly embrace the chance to
financially support the revitalization of its water-
front. This can involve sponsorship of selected seg-
ments of the promenade by individual community
organizations and entail named parks, benches, or
other landscape features as has been pursued in
Charleston, South Carolina.
San Pedro, California, Septernber 22-27, 2002
The port needs to move quickly to establish a capi-
talline item for the construction of Phase !, con-
sisting of the promenade and arrival plaza. This
upfront commitment of the Phase! rights-of-way
and funding for the promenade and the recreation
area south of the maritime museum is necessary
to create value for both the retail and housing de-
velopments. Without this commitment, establish-
ing the momentwn of ongoing private real estate
development at the waterfront ",rill be a challenge.
Early funding of District lA, which extends from
the cruise ship terminal to the maritime museum.
including the arrival plaza, is a vital prerequisite
to capitalizing on real estate development oppor-
tunities.
This initial port investment must consider how to
address the ongoing funding commitment neces~
sary to maintain and develop the land controlled
by the trust. The panel recommends that the port
assign development revenues from the retail and
housing development areas to the trust, thus sub-
stantially lowering its Ijet obligation. Housing de-
velopment, in particular, is likely to provide both
substantial value and significant funding.
Funding formulas should also include incentives
for maximizing outside resources so that the trust
"ill aggressively pursue federaL state. foundation,
and community support. Furthermore, the fund,
ing agreement must recognize the need to create
long-term, ongoing, and sustainable funding for
the trust.
The process for proceeding \Vith private develop-
ment of the retail and housing sites needs a credi-
ble framework. in the panel's opinion. This devel-
opment process must be predictable-to the
development community and to the San Pedro
community. The panel suggests that the San
Pedro Downtown and Waterfron: Task Force
assume prim..")' responsibility for coordinating
this process.
Tbe panel recommends new private development
in three principal areas: a new retail. commercial,
and restaurant center proximate to the cruise ship
terminal; new housing in the Crescent Area: and
29
7-58
30
housing and adjacent development in the do'/m-
town. The panel envisions the responsibility for
puhlic sponsorship of the private development
projects to be the port's, the waterfront taskforce's,'
and the CRA's. The panel specifically does not rec-
ommend the San Pedro Community Waterfront
Trust to engage in or sponsor private real estate
development; instead. this new entity will focus
solely on public improvements and operations of
public lands. and should not get distracted by pri-
vate land development.
To coordinate private development projects, the
panel recommends taking five actions.
As the panel's design recommendations indicate,
a key contributor to the success of waterfront de-
velopment will be its physical character and "con-
nection" to the downtown. Before retaining devel-
opers, the port and the community must adopt
uniform design standards for the waterfront and
the downtown. These standards need to comple-
ment one another. They also should address issues
such as functional connections of private property
to the public use areas of the waterfront as well as
architectural vernacular. building features, park-
ing, building massing, and open space. These de-
sign and development standards are intended to
7-59
create a compatible look and address an overall
design character, rather than uniformity.
Before any development proposals are made
public, the panel recommends the creation of a
common framework for evaluation and selection
of development proposals and negotiation of
agreements. This will eliminate uncertainty as to
how the process works and the end result.
Shortly after adopting design standards, the re-
sponsible organizations-the port, the task force,
and the CRA-should issue requests for qualifica-
tions (RFQs) for private development of their re-
specth"e areas of responsibility. The RFQ process
allows developers to be evaluated based on their
experience, ability to attract tenants. financial
capacity, design capability, and ability to work with
the community. This avoids a developer "beauty
contest." It also is a lower-cost process for develOp-
ers and is more likely, as a consequence, to elicit a
greater response from the development community.
After a transparent selection process haE been
completed, the chosen developers should be asked
to prepare specific site development plans. Based
on agreed-upon terms and guidelines adopted
prior to the selection process, these plans would
be consistent with well-stated public objectives
and baseline financial terms.
This vvill fulfill the objective of a "seamless inter-
face between the waterfront and the dovmtown"
and will capture the ta., increment value of new
private development necessary to ensure long-
term financing and sustainability.
Housing will be a principal economic engine of
waterfront development and dO"'Iltown revitali-
zation. Tbe panel calls specific attention to the
housing sector in order to maximize its economic
contribution to the waterfront revitalization and
An Advisory Services Panel Repon
reconnection process. It recorrunends that the fol-
lowing four steps be taken.
The Crescent Area housing development on the
waterfront property has the potential to provide
substantial revenue for use in developing the
public amenities of the promenade and recreation
areas. Other California ports have found ways to
address the impediment cited by the Port of Los
Angeles that the California State Tidelands Trust
Act, passed in 1911, prevents the residential de-
velopment of tidelands property. Because the de-
velopment of housing is so important to the over-
all economic viability of the waterfront, the panel
recommends that the port immediately pursue all
practical efforts to remove this burden.
These include the following: a revolving fund to
purchase underutilized industrial and commercial
sites in and around the dOVi,'1ltovi11 and reconvey
them for market-rate residential development;
a revolving fund to preserve single-family mar-
ket-rate housing throughout the Pacific Corridor
Redevelopment .Atiea: and assembling sites for
the development of market-rate housing in the
do\vnto,-,'TI.
These three programs focus on producing and pre-
serving market-rate housing and~ thus, may neces-
sitate the use of nonhousing redevelopment funds.
Market-rate housing in the do~vnto~rn is vital to
increase the spending power and thus spur addi-
tional commercial development in the downtown.
Development of the B-2 site as a market-rate,
mid-rise. and mixed-use residential property can
be an important early step toward repopulating
the dO\\'UtovlI'..
The market evaluation section of this report gives
little support to the notion that an office use is
likely in the old Logicon huilding. The CRA should
acquire and demolish this structure so that the
San Pedro, California, September 22-27,2002
site could be used for development or housing sim-
ilar to that recommended for the H-2 site.
Consistent, thoughtful design guidelines are an
important development prerequisite for the do,,",-
town. The panel strongly recommends that these
be adopted as a zoning qverlay to ensure the pres-
ervation of dO\\'1ltown's character as new private
investment occurs.
The city of Los Angeles and the San Pedro Cham-
ber of Commerce are cUlTently working together
to revive the former Business Improvement Dis-
trict IBID), which has been inactive for several
years. TIllS BID can be a potent vehicle for the
San Pedro revitalization strategy. Its main func-
tion was to ensure frequent trash pich."Up in the
downtown. Now, trash pickup and puhlic safety
should be only a starting point.
Current efforts should revitalize and expand the
boundary of the BID and the scope of the San
Pedro Old Town Business Improvement District
to include the waterfront development area and a
marketing program to handle the branding of San
Pedro. The BID should also perform traditional
tasks-street cleaning, trash removal, lighting,
ehhanced public safety, signage, and physical
maintenance.
The panel recommends re,i,ing the BID \lith an
urgent need to expand its scope and to include all
stakeholders at the table. The effort to reestablish
31
7-60
the BID should move quickly ahead and comprise
the follol<ing:
. promotional events, marketing, signage, and
branding ought to be undertaken;
. the service area should be expanded to include
Pacific Avenue;
. retailers on the waterfront should be required
to participate;
. the chamber of commerce, the eRA, and the
BID should work together to get an access plan
implemented by CALTRA:iS and the city; and
. the museum and aquarium ought to be in-
cluded in the BID to coordinate promotion
and marketing.
32
7-61
Currently, businesses in San Pedro's downtown
lack the economic resources to support a BID with
an expanded scope. The panel recommends that
the chamber pmsue a three-year grant from the
city to fund the startup costs of the rejuvenated
BID with the commitment that it be self-support-
ing thereafter. The addition to the BID of the re-
tail businesses developed at the waterfront can
contribute significantly to its long-term viability.
Adding the prescribed waterfront retail, the mu-
sewn, and the aquarium to the BID will make it
more effective at branding and promoting the
attractions of San Pedro.
An Advisory Sel1ices Panel Report
he waterfront has always been central to
San Pedro's economic vitality. N ow, San
Pedro has a unique opportunity to capitalize
on powerful market forces to create a new,
publicly oriented waterfront and new private de-
velopment. The ability to take advantage of this
opportunity will depend initially upon the removal
of the institutional constraints that have thwarted
redevelopment efforts in the past. The panel was
impressed with the apparent commitment among
all the parties to corrunon goals.
ft is acutely clear to the panel that the time for ac-
tion is now. It is also apparent that there is a driv-
ing urgency in the community at large and in the
elected and civic leadership to get development
underway. The panel heard the same thing from
virtually all quarters: cease the planning and get
on with development. The panel was also repeat-
edly informed by citizens and civic leaders that
"the stars are aligned" for action to occur.
In the real estate development industry. "going
with the flow" generall~' begets success. Those
whu develop, finance, and invest in private devel-
opment projects, however. have learned that tim-
ing is only part of equation. Equally important in
the crucible of success is laying the proper founda-
tion for action-and laying such a foundation re.
quires careful planning, aligning or resoure", to
execute. and properl:v' assessing risks.
San Pedro. California. September 22-27, 2002
The panel cautions: focusing on completing a proj-
ect for the sake of timing opportunity or expedi-
ency could undermine a long-term sustainable
rein vestment. The history of hastily executed
projects is generally a tale of long-term trouble.
The panel is equally concerned that the initial
projects-be they public, private, or public/pri-
vate joint ventures-set the standard. This stan-
dard would include:
. high-quality design;
. integration with the existing rabric of the com-
munity; and
. high visibility in order to change the current
investment climate.
,
Successful execution of early projects will change
the investment climate in San Pedro and attract
even more investment.
Though the panel concurs that the time for action
is now, it cautiom that there remain significant
organizational, regulatory, and financial details to
refine, as well as project-level detail planning yet
to occur. The panel is confident, however, that with
the proper leadership, the city of Los Angeles, the
eRA, the port, and the San Pedro community can
now fully engage the development process.
33
7-62
Panel Chair
West Palm Beach, Flon:da
Lawler is the managing partner of N-K Ventures,
LC, a development company founded in 2001 that
specializes in urban mixed-use/residential develop-
ment projects. Located in West Pahn Beach, the
firm focuses on projects in southeast Florida.
Prior to forming N-K Ventures, Lawler was a
partner in the Washington, D.C., and Miami offices
of a national financial senices firm, where he was
responsible for real estate transactional advisory
services for private, corporate, and public clients.
Lawler has over 25 years of experience in advis.
ing private and public clients on large-scale com- t
mercial and residential development projects; port-
folio transactions: and financing and commercial
leasing matters throughout the United States and
overseas. Ir, total, he haE been an adviser in more
than $5 billion of real estate development. finance,
and investment transactions over' his consulting
career. Lawler currently works ror the cities of
Daytona Beach and Miramar. servllig as a real es-
tate financial adviser on several large-scale publici
privatE development projects.
Lawter is an active member of eLL In addition to
serving in the Institute:s '1eadership group," he
serves on the policy and practiCE: committee and is
a member oithe Multifamily Council (Gold Flight).
Lawler has served on ten Advisory Services pan-
els and several project analysis teams. and has
been a '~ce chair of ULI's Southeast Florida Dis-
tricI Council. In October 2000, ULI recogruzed his
service "ith the Robert O'Donnell Award.
He has lec,ured on real estate development and fi-
nance at George Vlashington University Business
SchooL the vVharton School, Harvard Business
School. Georgetown Uruversity, and the Univer-
sity of Miami. Lawler is a graduate of Michigan
34
7-63
State University and received an MCP degree
from the Kennedy School of Government at Har-
vard University.
lv! adison, Wisconsin
Freer, the principal designer with SmitbGroup JJR,
has expertise in urban design, community plan-
ning, and waterfront redevelopment. Residing in
and practicing out of SmithGroup JJR's water-
front studio in Madison, Wisconsin, he offers a
substantial portfolio dealing with waterfront com-
munities in the upper Midwest, with a focus on the
Great Lakes.
Freer has worked on projects from conceptualiza-
tion through construction, ~ith extensive involve-
ment during all phases. He has also generated
community support for design initiatives so that
early enthusiasm maintains momentum and ulti-
mately achieves public endorsement.
As principal designer, Freer is currently working
on the follo"ing: waterfront development projects
in the metropolitan St. Paul, Minnesota, area; down-
town Sanford, Florida; New Rochelle, New York;
Racine. vVisconsin; and a number of small cities on
the Mississippi River.
As a result of his professional experience, Freer
has been invited to lecture at a number of uni-
versities; has become a resource member of the
Mayor's Institute on City Design; has pariicipated
in the U.S. Depariment of Commerce's Sympo-
sium on Economic Development of Tourism and
Destination Resorts, Athens, Greece; and has
taken pari in the 27th International Making Cities
Livable Conference, Vienna, Austria.
He received degrees in environmental design and
landscape architecture from the State University
of New York and Syracuse University.
An Advisory SelYlces Panel RllIIort
MiaTni, Florida
In 1995, Gonzalez started DMG Consulting Ser-
'l;1.ces, Inc., a management consulting firm special-
izing in economic development and project imple-
mentation. Since 1996, DMG has served as the
in-house consultant for the Beacon Council,
Miami-Dade County's official economic develop-
ment organization. Projects managed by DMG for
the Beacon Council include the Homestead Reuse
Plan, the South Miami-Dade Marketing Program,
and the development and coordination of the
Miami-Dade Defense Alliance.
Prior to entering the private sector, Gonzalez was
employed by Miami-Dade County as the director
of the Department of Development and Facilities
Management. This agency provided central sup-
port services in the areas of real estate acquisi-
tion and leasing,. facility management. and build-
ing construction.
Gonzalez received her bachelor of arts degree from
the University of Florida. She began her career
vdth Miami-Dade County immediatel;- after re-
ceiving her masr,er:s degree trOIT; 2\ ortheastern
Cniversit:- in 1979. In 1989. she attended ~he
Senior Executlve Program m State and Loca!
Government at the John F. Kennedy Schoo; of
Government.
Begmning as a management interr.. Gonzalez
worked ror most of her county career in the c:api-
tal improvement and cieveioprnent fields. County
land acquisitions, architect and engineer selec-
tion, and capital budget expenditure oversight
were some of her responsibilitieE in the Capital
Improvements Diyision. In 1989, the division was
merged "ith the county.,s facilities and construc-
tion management divisions and she was named
director of the new DepaJ."":ment of Development
and Facilities Management.
A.tlanta. Georgia
Kimsey is vice president and a principal of Nile~
Bolton Associates (NBAl, a. professional design
fi.rm providing architecture, interior design, iand-
San Pedro. California. September 22-27. 2002
scape architecture, and urban planning services.
A licensed architect in seven states, Kimsey re-
ceived a bachelor of arts degree and a master of
architecture degree from Yale University and has
been with NBA for 22 years.
NEll. developed a national reputation for work in
mixed-use developments, multifamily housing,
transportation architecture, department stores,
universities, clubhouses, hotels, and resorts. vVith
exposure to diverse project types and geographic
locations, Kimsey has had extensive experience in
working with both private and public organiza-
tions. He is cUlTently principal-in-charge of the
San Jose State University Campus Village, a $171
million mixed-use project.
Kimsey has been active in numerous business and
civic associations, induding the Urban Land Insti-
tute, the American Institute of Architects, and the
Atlanta Partnership of Education. As president of
the Buckhead Busbess Association, he was the
lead facilitator for a community visioning char-
rette for Atlanta's prerrner business and retail
neighborhood. Kimsey served or the CLl Advi-
sory Services panel for the California sta;;e capital
in Sacramento and has been a vice chair of 1;L1"s
residential and multifarni.l~' councils.
Reno. ~Vevada
Long specialize, ir publiciprivate partnerships,
economic development. and real estate finance.
His consultam practice serves public and private
cUent8 in Nevada and California.
Long was city manager of Fairfield. California,
where he negotiated the first municipal partici-
pation agTeement with a regional shopping mall.
Since leaving tne public sector in 1996. Long has
worked on a \"\-ide range of issues. including base
reuse. developer negotiations, project feasibility
analysis, marketing. redeveiopment. strategic
planning, and public finance.
Long has lectured for the School of Public Admin-
istracion at Golden Gate University and has taught
economic development and organizational change
internationally. He also has served on ULI Ad\'1-
35
7-64
sory Services panels and is a faculty member for
the Urban Land Institute, teaching the advanced
real estate development process course. Long has
a.,~ MPA degree from the School of Public Policy at
the University of California at Berkeley and a bach-
elor's degree in economics from Brown University.
Boston, Massachusetts
Mitchelson manages approximately $800 million in
real estate portfolios on behalf of three pension-
fund clients. She serves as her clients' primary
contact and participates in all matters pertaining
to their portfolios, including the development and
implementation of investment strategies, and the
monitoring of performance relative to client objec-
tives. Previously, Mitchelson held the position of
managing director of portfolio management for
GE Capital Investment Advisors (GECIA).
Mitchelson has 17 years of real estate experience.
At GECIA, she also served as a vice president in
the asset management group. a position in which ,I
she oversaw more than $500 million in commercial
and multifamily assets. Her responsibilitieE in-
cluded developing strategic propert)' business
plans, reviev.'ing and approving property operat-
ing budgets, negotiating ieases, performing hold!
sell a..'1alyses, and managing asset dispositions.
Mitchelson jomed a predecessor entity of GECIA
in 1987, having begun her real estate career as a
financial analyst for Cia.,"€mon~ Corporation in 1985.
There. she performed financial analysis relating to
acquisitions, dispositions. asset management, prop-
erty management and real estate syndications.
Mitchelson :is a certified property manager and a
member of the Institute for Real Estate Manage-
ment. She holds a bachelor:i:; degree in business
administratior.L, \vith a concentration in financE:,
from Northeastern University.
Cha1"lotte. North Carolina
Stanton is the director or market planning and ad-
visory serviceE for Faison, identifying acquisition
and development opportunities for investors, ere-
36
7-65
ating business plan strategies for challenging real
estate projects and portfolios, preparing store
rollout plans for retailers, and doing due diligence
on real estate decisions for retail and corporate
real estate clients.
From 1998 to March 2002, Stanton was ,ice presi-
dent of Research and Market Planning Services
at Trammell Crow Company. She operated the
firm's Research and Market Planning Services
unit, providing strategic planning, site selection,
real estate portfolio analysis, marketing presen-
tations, and merchandising plans for internal and
external fee clients, including developers, retail-
ers, capital investors, property managers, and
brokers.
Stanton was director of research at Faison from
1995 to 1998, and served on Faison's Capital Con-
trol Board reviewing investment opportunities.
She also produced Faison's Market Focus report,
a detailed review of economic, demographic, and
real estate market performance and opportunities
in ten major U.S. cities.
From 1987 to 1993. Stanton was associate profes-
sor at Elizabethto\1:Tl College and Indiana Univer-
sity of Pennsylvania. teaching MBA- and senior-
level courses on consumer behavior, marketing.
advertising management. and retail strategy.
She was project manager for Business Resources
Group. a consortium of academic and industry pro-
fessionals that provides research projects, busi-
ness plans, seminars, workshops, and training ser-
vices to business and government clients.
Stanton received a PhD and an MS in consumer be-
ha\ior and retail management from Purdue C ni-
versity in 1987, and a bachelor's degree in psychol-
ogy, sociology, and communications from the State
University of New York at Cortland in 1983.
An Advisory SelYices Panel Repo~
Attachment 4
Urban Land Institute (ULI) Advisory Services Program
H Street Corridor
Public Outreach Efforts
In response to Councilman Castaneda's request for participation from property
owners, either written, verbal or financial staff did the fOllowing:
Property Owners
On July 25, 2008 a letter was mailed to eighty nine (89) property owners fronting
H Street between Interstate 5 and Third Avenue (Exhibit "A"). The letter
summarized the Urban Land Institute (ULI) Advisory Services Program and our
intent to recommend Agency approval of the contract with ULI on August 5th. A
self addressed stamped post card was provided asking each owner to indicate
their level of interest in participating in the ULI process (Exhibit "B").
Businesses
During the week of July 28, 2008 Redevelopment & Housing staff visited
businesses along H Street. These initial contacts were made to provide business
owners and managers with a brief summary of the ULI Advisory Services
Program and our intent to recommend Agency approval of the contract with ULI
on August 5th All contacted businesses were provided with the letter and
postcard in Exhibit "B" so they can indicate their level of interest in participating in
the ULI process.
Public Comments:
In response to comments made by the public during Public Comments, staff has
done the following:
Patricia Aguilar, "...the area between srcJ and 4th along H Street is a
sensitive area.. .and should be treated with sensitivity to the people in that
area".
We have attempted to address this issue bv includinq lanquaqe within the
resolution that puts this concern on the record for the Advisorv Service
Panel:
"WHEREAS, the Urban Land Institute will review the 2005 General Plan
and 2007 Urban Core Specific Area Plan development standards and
guidelines, including the provision of building setback and massing when
conducting their analysis; and
WHEREAS, the Community is concerned about the interface of Mid-rise
and High Rise Development along the H Street Corridor that abuts single
family neighborhoods"
7-66
Attachment 4
Earl Jentz, "... it is to expensive, timing is wrong"
The preparation of an H Street Study was part of the Community
Development strateqic plan since March 28. 2006 at an estimated cost for
consultants of $450.000. The anticipated completion of the study was the
second quarter of 2007. With the re-orqanization of Community
Development the H Street Study was included in the strateqic plan for
Redevelopment and Housinq on May 24. 2007 with an estimated
completion date of June 30. 2008.
The cost is non-neqotiable and the same cost for any iurisdiction. The
proposed contract is well below the oriqinal estimate of $450.000.
Peter Watry, "...residents should be at the center of the H Street Plan".
To address this concern staff has developed a process that places the
community as the lead in defininq the study.
On Monday July 28th key community leaders, identified for their leadership
in community groups, development activity and/or interest in the H Street
Corridor were invited to participate on a Working Group and learn about
their role in the process.
July 28. 2008 Workinq Group Attendees '
Pat Aguilar Crossroads,
Peter Watry Crossroads
Ken Wright Northwest Civic Association
Frank Zimmerly Northwest Civic Association
Lisa Cohen Chamber of Commerce
Lisa Johnson Chamber of Commerce
Glen Googins Third Avenue Village Association, VP
Carolina Gregor SANDAG
Michael Daney MTS
Tom Henry Henry Development/Phair Company
Chris Lewis Chula Vista Redevelopment Corporation
Harold West West Builders
Earl Jentz Balboa Realty
Kevin O'Neill O'Neil Construction
The attendees were asked to take the lead to frame the assignment for
the Advisory Services Panel. Staff has arranged five different meeting
times over the next two weeks for the "working group" to prepare the
Statement of the Problem, identify the issues through 12 questions that
will be answered by the ULI panel, identify 80-100 resource people for
panel interviews and help in the preparation of a briefing book to be
7-67
Attachment 4
provided to the panelists. Staff's intent in forming this Working Group is to
allow the Community to frame the issues for ULI, thereby placing the
residents "at the center of the H Street Plan".
Staff has attempted to address all concerns so that this important study can be
conducted in October 2008.
7-68
Attachment 4
Exhibit A
Map of H Street Property Owners
Contacted
7-69
Exhibit B
Letter of Interest & Postcard
C'TY OF CFll'U """'6
Redevelopment
& Housing
July 25, 2008
Dear Property/Business Owner;
Over the past several years the City of Chula Vista has embarked upon creating
a visionary framework for revitalization through the adoption of the updated
General Plan and Urban Core Specific Plan (UCSP). As a property/business
owner along H Street your future investment and participation in the Chula Vista
community is critical to the success of this vision. The "H Street Corridor" is
quickly emerging as a potential "backbone" for revitalization, with its direct
connection to the city's Bayfront and the historic heart of the community, the
Third Avenue commercial district.
While the real estate market has cooled, Chula Vista continues its efforts to
revitalize the older western portion of the city with the progress of the Bayfront
Master Plan and development of a major hotel/convention center. As these
efforts move closer to reality, renewed private investment will seek to capitalize
on the opportunities to compliment uses and serve the visitors and residents of
the Bayfront. It is imperative that the City is poised to take advantage of its
opportunities when the market returns. A cohesive strategy to address market
potential, planning and design or financing and development is needed to take
the visionary framework of the UCSP to concrete implementable actions that can
facilitate appropriate and quality redevelopment along the Corridor.
In order to move forward in creating such a strategy, staff is proposing to contract
with the Urban Land Institute (ULI) to condl..\ct a 5-day Advisory Services
Program (a summary of ULI and the Program is attached). ULI is a well
established international non-profit research and education organization, which
provides leadership in the responsible use of land and in creating sustainable
communities.
The City is extremely interested in your participation in the process. Staff is
anticipating the ULI panel to be conducted during the fall of this year and staff is
scheduled to recommend the Program for approval to the City Council on August
5, 2008, meeting start 4:00 p.m. We have enclosed a self-addressed stamped
card asking for you to confirm your level of interest in participating in the ULI
Program. Please complete and mail the card to us immediately, as we will be
providing the information to City Council on August 5th
If you are interested in learning more about the process, we would encourage
your attendance at the Council meeting and for you to contact Stacey Kurz,
Senior Project Coordinator in the City's Redevelopment & Housing Department
by em ail atskurz@ci.chula-vista.ca.us or by phone at (619) 585-5609.
Sincerely,
/ //
"<;;p'"
,:______?..;7
Eric C. Crockett
Assistant Director Redevelopment & Housing
Attachments
ClTY OF CHULA nSL~
Redevelopment
&Housing
Urban Land Institute (ULI) Advisory Services Program
H Street Corridor
Summary (7/25/08)
ULI is a well established international non-profit research and education organization,
which provides leadership in the responsible use of land and in creating sustainable
communities. Asthe preeminent, multidisciplinary real estate forum, with a membership
of over 40,000 members and associates from 90 countries, ULI has access to experts
representing the entire spectrum of land use and development disciplines.
Through ULI's unique program, an interdisciplinary team of its member experts help
sponsors find creative, practical solutions for issues such as downtown redevelopment,
land management strategies, evaluation of development potential, growth management,
community revitalization, and brownfield redevelopment. The unique team-based
approach to bring city, business, development, and community interests together with
ULI niche experts provides an opportunity that is unparalleled. The Program has
assembled well over 500 ULI-member teams to help sponsors find solutions and build
consensus around land use and development challenges.
For Chula Vista, the program will be specifically designed to help answer questions
related to the land use and development issues we face along the H Street Corridor and
will:
.:. Bring recognized real estate expertise from across the United States to provide an
assessment of the market feasibility and economic potential of the Corridor as a
connection between the Bayfront and Third Avenue commercial district;
.:. Gather data on the many quality-of-life objectives of the community and the ongoing
business and economic operations; and
.:. Fulfill General Plan and other city objectives to forge an integrated, action-oriented
implementation plan for the Corridor.
The interdisciplinary team will consist of eight to nine members; typically several
developers, a landscape architect, a planner, a market analyst, a finance expert, and
others with the niche expertise needed to address the issues/challenges most relevant
to the Corridor. To complete the assignment, the team takes on an intensive agenda
which includes:
.:. An in-depth briefing day composed of a tour of the site and meetings with City
representatives;
.:. Hour-long interviews of typically 80 to 100 key community representatives ("resource
persons"); and
.:. A day and a half of formulating recommendations. The final days are dedicated to
the panel preparing findings and conclusions, which are presented to the sponsor on
the final day through an oral presentation. After the panel is completed, a written
report will serve as an implementation plan for redevelopment of the Corridor.
For additional information about ULI please visit their website at wwwuli.orq,
information on the 5-Day Advisory Progr~'!!ffn be found under "Programs & Services"
H Street Corridor
Urban Land Institute CUll) Advisory Services Program
As the (circle ail that appiy) property owner / business owner / resident located at
, Chula Vista, I am (check all that apply):
Not interested in participating. Do not notify
me of future events.
Interested in participating. Please notify me
of future events.
Additionally, I would be interested in:
Being a resource person for ULI and
participating in the panel interviews.
Sponsoring events (i.e. donations of
food, beverages, meeting space,
financial contribution, etc.).
Please send future correspondence to:
Name:
Business/Organization (if applicable):
Mailing Address:
Phone:
What is the best way to contact you?
Email:
D Ernail
DMail
D Phone
Please return this questionnaire immediately. If you have any questions please contact Stacey Kurz.
City of Chula Vista - Redevelopment and Housing at (6 79) 585-5609.
~:T\()'-CH"'Llt-Y)'TA~.
.
"".
Redevelopment
e~ Ilousing
276 Fourth A venue
Chula Vista, California 91910
City of Chula Vista
Redevelopment & Housing
Attn: Stacey Kurz
276 Fourth Avenue
Chula Vista, California 91910
7-72
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORl\1AL CONSULTANT
SELECTION PROCESS FOR AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY
AND THE URBAN LAND INSTITUTE
WHEREAS, the H Street Corridor is a critical component of the revitalization of the City
of Chula Vista; and
WHEREAS, General Plan LUT Objectives 2, 52, 53, and 57 identify the H Street
Corridor as a critical component for focusing redevelopment efforts to encourage a mix of uses within
walking distance of a transit station that contain significant public gathering space and vibrant mixed use
area; and
WHEREAS, the Urban Land Institute (ULI) has an established Advisory Services
Program and is uniquely qualified to bring real estate experts from around the country to provide an
unbiased implementation program for redevelopment of the H Street Corridor; and
WHEREAS, staff recommends the City Council waive the formal consultant selection
process of Municipal Code Section 2.56.110 because of the Urban Land Institute's unique experience and
expertise; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality 1\ct (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no further environmental review is necessary; and
WHEREAS, staff recommends the Redevelopment Agency enter into an agreement with
the Urban Land Institute for Advisory Services; and
NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council
of the City of Chula Vista does hereby waive the formal consultant selection process for an agreement
with the Urban Land Institute for Advisory Services.
Presented by
Approved as to form by
Eric Crockett
Assistant Director of Redevelopment & Housing
7-73
REDEVELOPMENT AGENCY RESOLUTION NO. 2008-
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY AND THE URBAN LAND
INSTITUTE IN THE AMOUNT OF $120,000, AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the H Street Corridor is a critical component of the revitalization ofthe City
of Chula Vista; and
WHEREAS, General Plan LUT Objectives 2, 52, 53, and 57 identify the H Street
Corridor as a critical component for focusing redevelopment efforts to encourage a mix of uses within
walking distance of a transit station that contain significant public gathering space and vibrant mixed use
area; and
WHEREAS, the Urban Land Institute (ULl) has an established Advisory Services
Program and is uniquely qualified to bring real estate experts from around the country to provide an
unbiased implementation program for redevelopment of the H Street Corridor; and
WHEREAS, staff recommends the City Council waive the formal consultant selection
process of Municipal Code Section 2.56.110 because of the Urban Land Institute's unique experience and
expertise; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
,
for compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,
no further environmental review is necessary; and
WHEREAS, staff recommends the Redevelopment Agency enter into an agreement with
the Urban Land Institute for Advisory Services; and
WHEREAS, the Urban Land Institute will review the 2005 General Plan and 2007 Urban
Core Specific Area Plan development standards and guidelines, including the provision of building
setback and massing when conducting their analysis; and
WHEREAS, the Community is concerned about the interface of Mid-rise and High Rise
Development along the H Street Corridor that abuts single family neighborhoods; and
WHEREAS, the Urban Land Advisory Services Program will look to the ULI
membership of approximately 40,000 real estate and planning professionals to form a pro-bono Advisory
Services Panel; and
WHEREAS, the Advisory Services Panel will be comprised of either eight or nine real
estate or planning professionals; and
WHEREAS, the Advisory Services Panel is to develop an implementation plan on
policies of the 2005 General Plan and 2007 Urban Core Specific Area Plan; and
7-74
Resolution No.7
Page 2
WHEREAS, staff recommends $120,000 of funds be appropriated to the FY 2009
services and supplies budget of the Redevelopment Agency Merged Project Area Fund; and
NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency authorizes
the Executive Director to enter into an agreement with the Urban Land Institute for Advisory Services,
and appropriates $120,000 of available fund balance to the FY 2009 services and supplies budget of the
Redevelopment Agency Merged Project Area Fund.
Presented by
Approved as to form by
7
Eric Crockett
Assistant Director of Redevelopment & Housing
7-75
~(f?
-.~
"--- -- -
~.....::--~
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chufa Vista. Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
C1lY OF
(HULA VISfA
FROM:
Office of the Mayor & City Council
Lori Peoples, Senior Deputy City Clerk
Lorraine Bennett, Deputy City Clerk
MaYOrChe~ICo~
Jennifer Quijano, Constituent Services Managttf-
Safety Commission and International Friendship Commission
appointment
July 22, 2008
,,~
7 -- 2:1 -<::)'1
TO:
VIA:
RE:
The following candidates have been recommended for appointment to the Safety
Commission and International Friendship Commission. The ratification of these
candidates has been placed on the August 5, 2008 Council agenda.
Safety Commission:
Catherine Johnson was born and raised in Chula Vista. Catherine returned to Chula
Vista and has been a resident for the past 10 years. Catherine is a claims consultant
for Yum Brands which includes Taco Bell, Pizza Hut and KFC. Catherine is married
and has two children.
International Friendship Commission:
Lilia Meza has been a resident of Chula Vista for the past 8 years. Lilia is a Spanish
Dual Language teacher at Rancho del Rey middle school with the Sweetwater Union
High School District. Lilia established and started a sister school program for the district
with Spain. Her background and experience in establishing a sister school program will
be valuable to the International Friendship Commission in its efforts to foster the City's
sister city program.
1A,e
~(f?
-.-
. - ----
- -=
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.6915044 - 619476.5379 Fax
MEMO
ellY OF
(HUlA VISfA
July 23, 2008
FROM:
Office of the Mayor & City Council
Lori Peoples, Senior Deputy City Clerk
Lorraine Bennett, Deputy City Clerk
Mayor Cheryl Cox ~
Jennifer Quijano, Constituent Services Manage~
Human Relations Commission appointment bio
TO:
VIA:
RE:
The following candidate has been recommended for appointment to the Human
Relations Commission. The ratification of this candidate has been placed on the August
5, 2008 Council agenda.
Human Relations Commission:
Emma Abutin has been a resident of Chula Vista for the past 22 years. Emma recently
retired after working for the County for the past 30 years as a Public Health Nurse
Manager. Emma previously served two terms on the Aging Commission and was one
of the original committee members on the CVPD Chief's Community Advisory
Committee.
(/' /1
l.~'
Fact Sheet MMC Enerl!V Peaker. 3497 Main St.. Chula Vista
I. The location is unacceptable-20 feet from front door of new businesses, 350 feet from
people's homes, 1300 feet from Otay Elementary, 1200 feet from Otay Recreation,
within one mile of 14 schools, a health clinic, a library, and two recreation centers.
2. A peaker should be, according to CV zoning ordinance, in a heavy industrial zone. This
location is a light industrial zone. The existing peaker did not operate for more than 12
months, so it lost its conditional use permit, according to (CVMC:19.64.070).
3. New peaker will have two 70-foot tall smoke stacks, visible above surrounding buildings.
4. New peaker will use between 4.4 and 28 million gallons of water a year.
5. There is a 12,000- gallon tank of ammonia on site.
6. The new peaker would produce between 7 and 25% of the carbon monoxide in the entire
city if approved, making reaching city's carbon reduction goal more difficult.
7. There is no connection with getting rid of South bay Power Plant. (ISO wants peakers in
north county or Orange county.) MMC has no contract with SDG&E and needs to install
two cut-off breakers to ensure it won't overload existing lines.
8. It would be an awful precedent, because new General Plan says no power plants or heavy
industrial uses within I ;000 feet of sensitive receptors.
9. The area within 1,000 feet of the plant is over 90% people of color.
10. The hourly emission rates are higher for SOx, VOC, and PMlO/PM2.5 for the proposed
plant, as compared to the old plant, and it will runmore hours. Particulate Matter (cause of
asthma, heart and lun diseases is articularly high.
Existing peaker 44.5mw
less than 200 hours per year
o u n
NOx
CO
OC
Sox
PM10/2.5
Proposed peaker 100 mw. 800+ hours/year
Ibs/hour (2 turbines)
8.4
12.4
ox
PM10/2.5
14.07
108
1.89
1.58
4.54
WARNING
THIS FACILITY CONTAINS ONE
":1 MORE CHEMICALS KNOWN
1"0 THE STATE OF CALIFORNIA TO
CAUSE CANCER, BIR-rH DEFECTS
& HEPR?~.~.<;:!~~.~.,~,~,~.~.:".
AVISO
EN E$TE LUGAR Sf PUEOEN ENCONfRAR UNO
o \1A$ f>RODUCTOS QU1MICOS CONOC1DOS
POR El eST ADO DE CAllFORN~ QUE CAUSA"
CA~CER. OEFEClOS DE NAql4J~TO 0 orROS
(JANOS R[PROOVCTIVQS.
,,""'.. "..' , ~.. ......,. ,'-'~"-'''~'
Southwest Chula Vista Civic Association
PO Box 6064, Chula Vista, CA 91909
(619) 425-5771, httD://swcvca.org
More Information on the
peaker:
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~:$i.~ ~ / ';~~r;. ~~;:1~~' J::
'tj,,,}~ tJ~,x.'! ..4'1
E.-'.~~e;~"'" 5~hoOl Roc'..UO~-I
. -, .-"_" ,-'- ,Conter.4
I,JOOft.'l II .qo9.1t.~'
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f /_.. -~:;..'{<~ <~'
~ ,/ cJ~.
';":c I.' "ji.:~~J. 'ci~\.' ::..
~~"'MC"
J~:., ~~bt')!
ttp://www.chulavistaissues.org/CVEUP.btm
MegaWatts Per Square Mile
Incorporated City Area North & South of SR-94
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North of 94
Megawatts per
square mile
3.652083
,
+
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I) 1.5 3
I ,
.-
,
South of 94
Megawatts
Per square mile
12.7829
Fossil Fuel (gas &/or oil)
Mega Watts/square mile, % non-white
by Metropolitan Statistical Region
\
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North County West
35.3% non-white
16.867989 mw per
square mile
North County
East
45.1 % non-
white
North City
31.9% non-white
1.344232 mw per square mile
East Suburban
27% non-white
.68346mw per
square mile
_~.r
~...,~,
Central
66.7% non-white
5.2199081 mw per square
mile
As you can see from map above
incorporated cities south of 94
produce almost 4 times the
electricity as incorporated cities
north of94.
**The map on the right shows
SANDAG statistical regions and
amount of fossil fuel produced
electricity per mile
+
4
8 16 Miles
I I t I I
_.--'~
llXces: CEe (Power plants)
SANDAG: MSA map layer
Feature edit map.mxd
Environmental Health Coalition, 2008.
South suburban
71.6% non-white
39.733999 mw/square mile