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Home My WebLink About2009/01/27 Agenda PacketI declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted th document on the bulletin board accordir~ Brown Act requirements. ~ l -Z3-~~ Cheryl Cox, Mayor/Chair /J Rudy Ramirez, Council/Agency Member James D. Sandoval, City Manager/Executive Director //-/~`/~ John McCann, Council/Agency Member Bart Miesfeld, City Attorney/Agency Counsel Pamela Bensoussan, CounciVAgency Member Donna Norris, City Clerk Steve Castaneda, Council/Agency Member REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE REDEVELOPMENT AGENCY January 27, 2009 6:00 P.M. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue ROLL CALL: Councilmembers/Agency Members: Bensoussan, Castaneda, McCann, Ramirez, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY JENNETTE LAWRENCE, DIRECTOR OF GOVERNMENT & COMMUNITY RELATIONS, FAMILY HEALTH CENTERS OF SAN DIEGO, TO LOU EL-KHAZEN AND SCOTT HARRIS OF THE CHULA VISTA PLANNING & BUILDING DEPARTMENT FOR THEIR WORK ON THE CHULA VISTA FAMILY HEALTH CENTER TENANT IMPROVEMENT PROJECT CONSENT CALENDAR -City Council (Items 1-6) 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. WRITTEN COMMUNICATIONS Letter of resignation from Tim Jones, Growth Management Oversight Commission (Business Representative) Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. Page 1 - Jt. CC/RDA Agenda http://www.chulavistaca.2ov January 27, 2009 2. APPROVAL OF MINUTES of November 4 and November 17, 2008. Staff recommendation: Council approve the minutes. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008/2009 JY0650" PROJECT TO OLYMPIC ENGINEERING CONSTRUCTION IN THE AMOUNT OF $49,886.25, WANING COUNCIL POLICY 574-01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS FOR THE PROJECT On December 24, 2008, the City received sealed bids for the above project. The project was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc., on various City streets. (City Engineer/Public Works Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGINEERING INC., FOR THE WILLOW STREET BRIDGE PROJECT In 2005, the City Council approved an agreement with Simon Wong Engineering Inc. in the amount of $1,181,891 for environmental and engineering services required for the rehabilitation or replacement of the Willow Street Bridge. In accordance with required Caltrans procedures, an analysis was conducted to determine the feasibility of a bridge replacement versus a bridge rehabilitation. The analysis determined that a bridge replacement was the preferred strategy and rehabilitation would not be cost effective. As a result, additional environmental and engineering services are required in order to complete design for the new bridge. (City Engineer/Public Works Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $18,853.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE HERMES ZUAZO (4/STHS VOTE REQUIRED) Mr. Zuazo has paid fees to satisfy certain permit fees for Building Permit Number BR06- 0007, associated with his property located at 142 Third Avenue. Mr. Zuazo is now requesting a refund of said fees. (City Engineer/Public Works Director) Staff recommendation: Council adopt the resolution. Page 2 - Jt. CC/RDA Agenda htto://www.chulavistaca.gov January 27, 2009 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT AND REINSTATEMENT OF THE JANUARY 21, 2003 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66.255 TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK (FIRST READING) The Len Moore Skate Pazk is operated under an existing agreement with the Boys & Girls Club of Chula Vista. Since beginning operations in 2003, the use of bicycles at the facility has been prohibited and proscribed by City Ordinance. In the time since the opening of the skate pazk, interest and demand for BMX bicycle access has increased. Experience elsewhere in California and the U.S. has shown that the originally feazed negative consequences of bicycle use were without foundation. No significant increase in physical damage or personal injury has occurred where bicycle use is permitted. The proposed amendments will allow BMX bicycle use at Len Moore Skate Pazk specifically and the ban would remain in force at all other City facilities. (Public Works Director/Recreation Director) Staff recommendation: Council adopt the resolution and hold first reading of the ordinance. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS -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. PUBLIC HEARINGS -City Council The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMIT (PCC-08-020) OPERATION OF A REPLANET RECYCLING REDEMPTION CENTER AT 1315 THIRD AVENUE The applicant is appealing the Chula Vista Redevelopment Corporation decision denying a conditional use pemut for a small recycling redemption center located at the Sav-A-Lot pazking lot, 1315 Third Avenue. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the following resolution: Page 3 - Jt. CC/RDA Agenda http•//www chulavistaca eov January 27, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE CHULA VISTA REDEVELOPMENT CORPORATION'S ACTION DENYING CONDITIONAL USE PERMIT (PCC-08-020), TO OPERATE A SMALL REPLANET RECYCLING BUY BACK CENTER LOCATED AT 1315 THIRD AVENUE IN THE CITY OF CHULA VISTA ACTION ITEMS -City Council and Redevelopment Agency The Item(s) 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. City Council 8. CONSIDERATION FOR SUPPORT OF EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL TO THE SOUTH BAY REGION Established in 1996, the California High-Speed Rail Authority (Authority) is the state entity responsible for planning, constructing and operating aHigh-Speed Train (HST) system serving California's major metropolitan azeas. With the certification of the Statewide Final Program-Level Environmental Impact Report (EIR)/Environmental Impact Statement (EIS), the Authority has begun implementation of the 800-mile high- speed train system serving Sacramento, the San Francisco Bay Area, the Central Valley, Los Angeles, the Inland Empire, Orange County and San Diego. The HST alignment presently being studied terminates at the Santa Fe train station in downtown San Diego. The City would like to pursue studying extending the alignment of the HST into the South Bay. Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL AUTHORITY (CHSRA) HIGH SPEED TRAIN ALIGNMENT, SOUTH OF THE SANTA FE STATION IN SAN DIEGO TO THE SOUTH BAY REGION Council and Redevelopment Agency 9. CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2008 Presented for City Council and Redevelopment Agency information and acceptance aze the Audited Financial Statements for the fiscal yeaz ended June 30, 2008, as prepazed by the independent audit form of Macias, Gini and O'Connell, LLP. The audit reports submitted for the City and Agency have received unqualified (clean) opinions from the independent audit fum. Staff recommendation: Council and Agency accept the Fiscal Yeaz 2007/2008 Financial Statements. Page 4 - Jt. CC/RDA Agenda http://www.chulavistaca.2ov January 27, 2009 OTHER BUSINESS 10. CITY MANAGER/BXECUTIVEbIRECTOR'S REPORTS 11. MAYOR/CHAIR'S REPORTS Ratification of the appointment of Steven Lizarraga to the Growth Management Oversight Commission. 12. COUNCIL/AGENCY MEMBERS' COMMENTS A. Deputy Mayor McCann -Presentation of Certificates of Recognition to Coach Clazk Moses and the Eastlake Panthers Mighty Mite Black Team for their Win at the American Youth Football National Championship. B. Report by the Council Energy Subcommittee (Councilmembers Bensoussan and Castaneda) on the Regional Water Quality Control Boazd February 11, 2009 Public Hearing regazding the South Bay Power Plant NPDES Permit. CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's off ce in accordance with the Ralph M. Brown Act (Government Code 54957.7). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Citv of Chula Vista v. Marie E. Gutierrez, San Diego Superior Court, Case No. 37-2008- 00074648-CU-PT-SC; Terri Loretz v. City of Chula Vista, San Diego Superior Court Case No. GIS28491; Court of Appeal, Fourth Appellate District, Case No. D051623. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case 15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case Page 5 - Jt. CC/RDA Agenda http://www.chulavistaca.~ov January 27, 2009 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 • Agency designated representatives: Jim Sandoval, Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Leah Browder • Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT to the Regulaz Meeting of February 3, 2009 at 4:00 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 WITHDISABILITIESACT 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) 691-5041 at least forty-eight hours in advance of the meeting. ~ Page 6 - Jt. CC/RDA Agenda httn://wtivw.chulavistaca.eov January 27, 2009 ----Original Mersa From: Tim P ]ones Sent: Saturday, January 17, 200 To: Kim Vander Bie Subject: Resignation Importance: High Kim, I'm sorry to hove missed the meeting on Thursday. You may not know, but I've been unemployed since last July. Then suddenly, the first week of this new year, I was offered a full time position at a local firm. Needless to say that was great news on the home front. However, my shift and location are such that my evenings are being seriously impacted. As a result, I will have to resign my seat an the GMOC immediately. Let this email serve ns notice to the City, and feel free to forward this to the other members if that is appropriate. I hove enjoyed my time with all the various staff representatives, and I certainly learned a lot about City government. At the next meeting, please extend my well wishes to all those present. Good luck in your future City efforts, Sincerely, Tim P Jones -1- DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 4, 2008 4:00 P.M. A Regulaz meeting of the City Council of the City of Chula Vista was called to order at 4:06 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: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY CONSERVATION & ENVIRONMENTAL SERVICES DIRECTOR MICHAEL MEACHAM OF EMPLOYEE OF THE MONTH, BRENDAN REED, ENVIRONMENTAL RESOURCE MANAGER Environmental Services Director Meacham introduced employee of the month Brendan Reed. Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Brendan. INTRODUCTION BY INTERIM CITY MANAGER SCOTT TULLOCH OF NEW FIRE CHIEF, DAVID HANNEMAN Interim City Manager Tulloch extended gratitude to Interim Chief Geering for his leadership and accomplishments over the past nine months. He then introduced new Fire Chief, David Hanneman. INTRODUCTION BY POLICE CHIEF RICHARD EMERSON OF RECENTLY PROMOTED SERGEANT DONALD REDMOND AND AGENTS STEVEN SZYMCZAK AND COLIN EVANS Police Chief Emerson introduced recently promoted Sergeant Redmond, and Agents Szymczak and Evans. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JEANIE BALDERAS, POLICE RECORDS SPECIALIST AND BARBARA BROOKOVER, POLICE SUPPORT SERVICES MANAGER, PROCLAIMING WEDNESDAY, NOVEMBER 5, 2008 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Captain Wedge introduced Jeanie Balderas and Barbara Brookover. Mayor Cox read the proclamation and Councilmember McCann presented into Bazbaza. ~}-~ DRAFT SPECIAL ORDERS OF THE DAY (Continued) • PRESENTATION ON THE CHULA VISTA CHRISTMAS IN OCTOBER PROGRAM BY CO-CHAIR EMERALD RANDOLPH, HOUSE CAPTAIN ROD VIESCA AND HOMEOWNERS ODELIA KELLY AND LOIS MILLER Councilmember McCann introduced "Christmas in October" Co-Chair Dr. Emerald Randolph, House Captain Rod Viesca and Homeowners Odelia Kelly and Lois Miller. Dr. Randolph talked about the 10th "Christmas in October" program and gave thanks and appreciation to the numerous vendors, businesses, and service clubs who provided funding, crews, trash collection, roll offs, in-home assessments, and plumbing. She also thanked the City for its fmancial assistance, and the boazd members and house captains for their volunteer services. She then gave a video presentation that illustrated the six local home renovations. Council Aide Zaira Roa then read a letter from homeowner Odelia Kelly, who thanked everyone for their generosity. Homeowner Lois Miller also extended her heartfelt gratitude to the many volunteers who participated in her home renovation. CONSENT CALENDAR (Items 1 through 9) Councilmember Castaneda abstained from voting on Item 3, and Councilmember Ramirez abstained from voting on Item 5, due to potential conflicts of interest. Items 5 and 9 were removed from the Consent Calendar for discussion by Deputy Mayor Rindone and Mayor Cox respectively. 1. APPROVAL OF MINUTES of September 16, 2008. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3119, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTERS 20.04 AND 5.02 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTIONS 20.04.025 AND 20.04.050 AND A CROSS REFERENCE IN SECTION 5.02 (SECOND READING AND ADOPTION) Adoption of the ordinance assists businesses with identifying opportunities to reduce their monthly utility costs through a no-cost, voluntary assessment program, which will be integrated into the business licensing process. This ordinance was introduced on October 21, 2008. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2008-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE ENERGY EFFICIENCY LIGHTING RETROFIT AT MULTIPLE FACILITIES IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. GG202E) TO AMERICAN POWER SOLUTIONS ~~ DRAFT CONSENT CALENDAR (Continued) The Energy Efficiency Lighting Retrofit is part of the City of Chula Vista's Phase One Loan agreement with SDG&E and the California Energy Commission (CEC). This retrofit is one component of the Engineering Department staff s program to comply with the requirements as outlined in the Energy Savings Summary Tables developed by consultants in cooperation with SDG&E and the CEC. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2008-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 ENGINEERING AND DEVELOPMENT SERVICES REVENUE AND OPERATING BUDGETS- AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $122,708 RECEIVED FROM NATIONAL CITY (4/STHS VOTE REQUIRED) The City of Chula Vista Engineering and Development Services staffs have been contracted to provide professional services to the City of National City for their capital improvement projects. A portion of the revenues received from National City aze requested to be appropriated to the Engineering and Development Services Operating Budgets as necessary to cover the cost of overtime incurred. (City Engineer/Bngineering Director, Public Works Director) Staff recommendation: Council adopt the resolution. 5. Item 5 was removed from the Consent Calendaz. 6. RESOLUTION NO. 255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF AN ENCROACHMENT PERMIT WITHIN THE CITY RIGHT-OF-WAY OF MACE STREET TO THE UNITED STATES GEOLOGICAL SURVEY (USGS) FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A MULTI-DEPTH GROUND WATER MONITORING WELL No comprehensive study of groundwater resources currently exists for the coastal San Diego azea, including Chula Vista. The present USGS project proposes to complete such a study using the installation of multi-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River. The USGS has requested that the City grant an easement to allow the installation of one of these monitoring wells adjacent to the Otay River. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. ~~~~ DRAFT CONSENT CALENDAR (Continued) INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2008 The quarterly investment report provides information on various cash balances, investment transactions and the status of the pooled investment portfolio in accordance with the Government Code and the Council Investment Policy adopted on February 12, 2008. (Finance Director) Staff recommendation: Council accept the report. 8. RESOLUTION NO. 2008-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND 1NVESTCAL REALTY INC.TO SURRENDER THE CITY'S LEASED PREMISES LOCATED AT 900 LANE AVENUE SUITE 200 AND AUTHORIZE THE PAYMENT OF THE BUY-OUT FEE The City cun•ently leases 5,843 squaze feet of office space from Investcal Reality, Inc. This office space, located at 900 Lane Avenue has been used by the Building Inspection and Plan Review sections of the Planning and Building Department since 1998. Due to the relocation of all Planning and Building Services to the City Hall campus, this office space is no longer needed. Because the current lease has 14 months left before it expires, staff is proposing to buy out the remainder of the term at a discounted rate and surrender the lease. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 9. Item 9 was removed from the Consent Calendaz. ACTION: Mayor Cox moved to approve staffs recommendations and offered the balance of the Consent Calendaz, (Items 1-4, and 6-8), headings read, text waived. Councilmember McCann seconded the motion and it carried 5-0, except Item 3, which carried 4-0-1, with Councilmember Castaneda abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. A. RESOLUTION NO. 2008-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE PURPOSE OF CONDUCTING A STUDY TO EXAMINE MULTI-MODAL IMPROVEMENTS TO THE INTERSTATE 5 CORRIDOR B. RESOLUTION NO. 2008-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE TRANSFER OF EXISTING FUNDS FROM CAPITAL IMPROVEMENT PROJECT (CIP) STM362 "I-5/H STREET INTERCHANGE IMPROVEMENTS" TO CIP STM361 "I-5 MULTI-MODAL CORRIDOR IMPROVEMENT STUDY", APPROPRIATING $1,987,200 IN SAFETEA-LU (SAFE, ACCOUNTABLE FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS) FUNDS AND AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM (4/STHS VOTE REQUIRED) ~~'~ DRAFT CONSENT CALENDAR (Continued) Adoption of the first resolution would enter the City of Chula Vista into an MOU with SANDAG for the purpose of conducting a study to examine multi-modal improvements to the Interstate 5 corridor between the Main Street interchange and State Route 54. The second resolution transfers funds from the I-5/H Street Interchange Project to the I-5 Multi-Modal Corridor Study Project. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. Engineering Director/City Engineer Hopkins introduced Principal Civil Engineer Rivera who provided informafion on the SANDAG Regional Transportation Plan for the I-5 improvements and the rail corridor. ACTION: Deputy Mayor Rindone moved to approve staffs recommendation and offered Resolution Nos. 2008-253 and 2008-254, heading read, text waived. Councilmember McCann seconded the motion and it carried 4-0-1, with Councilmember Ramirez abstaining. 9. RESOLUTION NO. 2008-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REGARDING AMENDMENTS TO INDENTURES AND LOAN AGREEMENTS RELATING TO OUTSTANDING INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS OF THE CITY OF CHULA VISTA ISSUED TO REFINANCE COSTS OF CERTAIN ELECTRIC FACILITIES FOR SAN DIEGO GAS & ELECTRIC COMPANY AND RELATED BOND INSURANCE TERMINATION AND RELEASE AGREEMENT The Chula Vista City Council has the ability to issue tax-exempt bonds for large industrial/manufacturing projects. Industrial Development Bonds (IDBs) aze tax-exempt bonds, which can raise funds for manufacturing businesses or energy development projects. On Mazch 23, 2004, the City Council authorized the issuance and sale of up to $686.4 million of IDBs to refund IDBs previously issued by the City of Chula Vista and the City of San Diego to finance or refinance certain costs of gas and electric facilities for San Diego Gas and Electric. Adoption of this resolution approves certain amendments to the existing IDBs and the execution of an agreement that will terminate certain bond insurance policies related thereto. (Finance Director/Treasurer) Staff recommendation: Council adopt the resolution. Mayor Cox asked staff to provide an overview of the tax-exempt bond proposal. Finance Director Kachadoorian introduced Mark Roberge, Director of Corporate Finance, SEMPRA Energy; and Gary Hayes, Corporate Finance Manager, SEMPRA Energy. Mr. Hayes then presented and explained the proposed tax-exempt bonds. Finance Director Kachadoorian informed the Council that the bond obligations were fully obligated by SDG&E, and that what was being requested by SEMPRA was authority by the City to release the insurance obligations on the bonds, in order to make them mazketable. X9.5 D~p-FT CONSENT CALENDAR (Continued) ACTION: Deputy Mayor Rindone moved to approve staff's recommendation and offered Resolution No. 2008-257, heading read, text waived. Councilmember McCann seconded the motion and it carried 5-0. Deputy Mayor Rindone left the dais at 5:21 p.m. and did not return. PUBLIC COMMENTS Denise Touchette, Chula Vista resident, spoke with regazd to a claim she submitted to the City on October 6a', stating that to-date, she had received no response. Mayor Cox referred the matter to staff. Guillermo Lopez, Chula Vista resident, stated that on November 3, 2008, between the hours of 1:00 p.m. and 2:00 p.m., he had observed the removal of Councilmember Castaneda's campaign signs by City staff, while leaving campaign signs for Scott Vinson in tact. He asked for an explanation by the next Council Meeting. Theresa Acerro, Chula Vista resident, referenced a flyer recently distributed to the public that was the work of the Lincoln Club, and had nothing to do with her or with organizations that were opposed to the peaker power plant. She then spoke in opposition to the proposed MMC peaker power plant. OTHER BUSINESS 10. CITY MANAGER'S REPORTS Interim City Manager Tulloch stated that a Budget Workshop was scheduled for November 17, 2008, at 6:30 p.m. in the Council Chambers. 11. MAYOR'S REPORTS Ratifications of the appointments of Cazol Nottley, Lisa Jensen and Ken Lockman to the Commission on Aging. ACTION: Mayor Cox moved to approve the appointment of Cazol Nottley, Lisa Jensen and Ken Lockman to the Commission on Aging. Councilmember Castaneda seconded the motion and it carried 4-Q with Deputy Mayor Rindone absent. Mayor Cox announced that information regazding the election results could be accessed at www.vote.sos.ca.gov. 12. COUNCIL COMMENTS Councilmember McCann encouraged everyone to vote. He stated that there would be no City Council Meeting on November 11, 2008, in honor of Veterans Day. To that end, he thanked all of the Veterans organizations who participated in the City, and he encouraged anyone interested in further veteran-related information to access the City's website. He also thanked the following Veterans organizations for their work: Veterans of Foreign Wazs, American Legion, and Fleet Reserve Association. ~f'~'.~ [~~AFT OTHER $USINESS (Continued) Councilmember Ramirez reported on his recent public office meeting on November 3, 2008 that addressed concerns about vandalism and hate crimes in the City, and he thanked the Police Department personnel who attended the meeting. He spoke about his recent participation in a ride-a-long with Chula Vista Police Department officers, stating that the experience was interesting, and was an important reminder to civilians about the difficulties of policing and how fortunate the City was to have professional officers. Mayor Cox recessed the meeting to convene in Closed Session at 5:36 p.m. CLOSED SESSION 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager ACTION: Councilmember McCann moved to conduct interviews for City Manager at the November 18, 2008 City Council meeting in Closed Session. Councilmember Castaneda seconded the motion, and it carried 3-1, with Mayor Cox opposed and Deputy Mayor Rindone absent. 14. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases. Case 1. ACTION: Councihnember McCann moved for City Council authorization to retain the law firm of McKenna, Long and Aldridge for litigation purposes. Councilmember Castaneda seconded the motion and it carried 4-0, with Deputy Mayor Rindone absent. Case 2. No reportable action was taken on this item. ADJOURNMENT At 6:30 p.m., Mayor Cox adjourned the meeting to an Adjourned Regulaz Meeting on November 17, 2008 at 6:30 p.m. in the Council Chambers. The Regular Meeting of November 11, 2008 was cancelled. <~~ Lorraine Bennett, CMC, Deputy City Clerk a~ ~.~ ®~AFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 17, 2008 6:30 P.M. An Adjourned Regulaz meeting of the City Council of the City o€ Chula Vista was called to order at 6:34 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda (arrived at 6:38 p.m.), McCann, Ramirez, Rindone, and Mayor Cox ABSENT: None ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, Deputy City Clerk Bennett, and Records Manager Pharis PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox announced the decision by Gaylord Entertainment to discontinue its plans to develop a resort and convention center project on the Chula Vista bayfront. INTRODUCTION BY INTERIM CITY MANAGER TULLOCH OF GARY HALBERT, PLANNING AND BUILDING DIRECTOR Interim City Manager Tulloch recognized and thanked staffinember Brad Remp for serving as Interim Planning and Building Director. He then introduced Planning and Building Director Gary Halbert. PUBLIC COMMENTS Lorena Gonzalez, San Diego resident, Secretary/Treasurer to the San Diego-Imperial Counties Labor Council, spoke about the news regazding Gaylord Entertainment's decision to discontinue its plans to develop a resort and convention center on the bayfront. She stated that should Gaylord wish to re-entertain its proposal any time in the future, organized labor would be happy to build on the progress made to turn the bayfront in to a wining solution for workers in the community. She thanked the City for its leadership and commitment. BUDGET WORKSHOP Interim City Manager Tulloch talked about the impacts of the economy on the City's budget, and the underlying assumptions regazding the continuing decline in revenues. He stated that another budget workshop was scheduled on December 4, 2008, to be followed by Council approval of the Budget Reduction Plan on January 6, 2009. ~~ ~"'~ DAFT BUDGET WORKSHOP (Continued) 1. PRESENTATION BY MARNEY COX, CHIEF ECONOMIST OF SANDAG ON REGIONAL ECONOMIC OUTLOOK Mamey Cox, Chief Economist, representing SANDAG, presented the. 2008/2009 economic outlook for San Diego that included slow job growth, increased unemployment rate, lower home prices, reverse wealth effect, and significant risk of a deep national recession. Discussion ensued between the Council and Mr. Cox about the duration of the recession; issues regarding the reduction in credit limits and increased interest rates on personal credit cazds by credit cazds companies; impacts of various indexes on municipal government, in particulaz, sales tax and property tax revenues. 2. PRESENTATION BY PETER DENNEHY, SENIOR VICE PRESIDENT OF THE SULLIVAN GROUP ON REGIONAL HOUSING MARKET Peter Dennehy, representing the Sullivan Group, gave a presentation on the National Housing Mazket. Discussion ensued between the Councilmembers and Mr. Dennehy about those individuals affected by the reflection of short sales and foreclosures on their credit reports and their ability to re-enter the housing mazket; and the effects of adjustable mortgage rates and their impacts on foreclosures. 3. PRESENTATION BY REPRESENTATIVE FROM THE SAN DIEGO COUNTY ASSESSORS OFFICE ON CHULA VISTA PROPERTY TAX PROJECTIONS Manuel Serrano, Chief of Valuations, and Jeff Olson, Chief of Assessment Services, representing the San Diego County Assessor's Office, gave an overview of City of Chula Vista Property Tax Assessments and the 2009/2010 Assessed Values Projections. Mayor Cox recognized Greg Hulsizer, who stated that in celebration of South Bay Expressway's 151 birthday on November 19, 2008, South Bay Expressway would be donating $1.00 from every trip to Endow Chula Vista. Deputy Mayor Rindone spoke regazding the shortfalls in funding levels, and stated that it was his understanding that any due payments of bonds had first priority for City revenues. Finance Director Kachadoorian responded that the debt service payments were subject to annual appropriation. She added that staff would look into the matter in more detail and provide a response to the Council. At 8:40 p.m., Mayor Cox announced a recess of the Council meeting. The meeting reconvened at 8:59 p.m., with all members present. 4. QUARTERLY FISCAL STATUS REPORT FOR THE FIRST QUARTER OF FISCAL YEAR 2008/2009 Finance Director Kachadoorian provided information on the General Fund revenues by category. She then provided the projected deficit for the current fiscal yeaz, and spoke of the need for measures to address the deficit. ~~ ~~ ®~RiaFT BUDGET WORKSHOP (Continued) Director of Budget and Analysis Van Eenoo stated that staff had predicted a two percent reduction in property tax values. However, the updated information presented by the Assessor's Office indicated property tax revenues were expected to decrease by four percent. He then gave an overview of the Fiscal Yeaz 2009/2010 budget that included the projected deficit. He provided details of expenses included in the budget as well as workload measures and staffing history from Fiscal Yeaz 2003/2004 through Fiscal Yeaz 2008/2009. ACTION: Councilmember Castaneda moved to accept the report as submitted. Councilmember Ramirez seconded the motion and it carried 5-0. 5. FISCAL YEAR 2009/2010 BUDGET OVERVIEW AND FIVE-YEAR PROJECTIONS • Fiscal Yeaz 2009/2010 General Fund Budget Overview Finance Director Kachadoorian presented the base assumptions regarding major revenues and expenditures, Ca1PERS rates of return and status. • Five-Yeaz Revenue and Expenditure Projections Finance Director Kachadoorian then presented the five-yeaz outlook for Fiscal Yeaz 2009/2010 through 2013/2014 and future challenges that included state take-aways • Fiscal Yeaz 2009/2010 Development Services Fund Budget Overview Planning and Building Director Halbert talked about the Development Services slowdown in activity, residential permit issues, fiscal yeaz 2008/2009 mid-yeaz reductions, and a fee study. • Fiscal Yeaz 2009/2010 Redevelopment Agency Fund Budget Overview Assistant Director of Redevelopment and Housing Crockett presented mid-yeaz budget issues, ERAF shift of $859,852 payment by the Redevelopment Agency by May 1, 2009, and proposed Fiscal Yeaz 2009 cuts. Director of Budget and Analysis Van Eenoo presented budget balancing strategy and options that included re-negotiation of employee MOU"s, continued hirtng freeze, early retirement incentive, further program and staffmg reductions, tax and fee increases, employee contributions towazds retirement plans, historical salary savings, eazly retirement incentive, program and staff reductions, revenue enhancements, general purpose and special purpose taxes, and Transient Occupancy Tax. Interim City Manager Tull~ch addressed the next steps for the budget process and schedule, and stated that the December 4 workshop would be based upon a $20 million deficit. Councilmember McCann requested that staff include with the December 4th budget workshop, the City's debt structure when looking at past bonds, such as the pension obligation bonds that have cost the City $2.6 million a yeaz. He also requested a breakdown of the City's debt bonds, the amounts being paid, potential ways of restructuring the bonds, and the expiration dates of the bonds. Deputy Mayor Rindone requested that excess property be included as options for revenue enhancements. ~~ ~~ DAFT BUDGET WORKSHOP (Continued) 6. CONSIDERATION OF ESTABLISHMENT OF CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS In accordance with the Meyers-Milias-Brown Act as contained in Government Code Sections 3500-3511, Council must designate representatives for labor negotiations. Adoption of the resolution complies with this requirement. (Human Resources Director) ACTION: Councilmember Castaneda moved to adopt the following Resolution No. 2008- 258, heading read, text waived: RESOLUTION NO. 2008-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING THE CITY'S MANAGEMENT TEAM FOR THE PURPOSE OF MEETING AND CONFERRING WITH THE CITY'S EMPLOYEE ORGANIZATIONS Deputy Mayor Rindone seconded the motion and it carved 5-0. Mayor Cox spoke with respect to the Council Agenda for the Meeting of November 18, 2008, and announced that the agenda items would be addressed in the following order of business: 1. Public Comments 2. Consent Calendaz 3. Public Hearings 4. Closed Session The Council Convened in Closed Session at 10:18 p.m. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 • Agency designated representatives: Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder • Employee organizations: CVEA,IAFF, POA, WCE, and Unrepresented Groups No reportable action was taken on this item. ADJOURNMENT At 11:10 p.m., Mayor Cox adjourned the meeting to the Regulaz Meeting of November 18, 2008 at 6:00 p.m. in the Council Chambers. ~/ .~`` Loraine Bennett, CMC, Deputy City Clerk / ~ y CITY COUNCIL AGENDA STATEMENT ~ ~ 'f:. CITY OF ~ (HULA VISTA 1/27/09, Item 3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008/2009 JY0650" PROJECT TO OL YMPIC ENGINEERING CONSTRUCTION IN THE AMOUNT OF $49,886.25, WAIVING COUNCIL POLICY 574-01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUND R THE PROJECT SUBMITTED BY: DIRECTOR OF PUBLIC WORK REVIEWED BY: ASSISTANT CITY MANAGER CITY MANAGER 4/5THS VOTE: YES 0 NO [g] SUMMARY On December 24, 2008, the City received sealed bids for the "Sidewalk Replacement at Various Locations in the City of Chula Vista, California Fiscal Year 2008/2009 JY0650" project. The project was included in the budget to remove and replace curbs, gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc., on various City streets. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detern1ined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed removal and replacement of existing damaged curbs, gutters, sidewalks and driveways involves negligible or no expansion of an existing use. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. .3 -,I 1/27/09, lteml Page 2 of 4 DISCUSSION On December 24, 2008, the City received sealed bids for the "Sidewalk Replacement at Various Locations in the City of Chula Vista, California Fiscal Year 2008/2009 JY0650" project. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, curb inlets, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs, gutters, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, protection and restoration of existing improvements, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. The annual Public Works Street Maintenance budget includes funds for this project. This contract covers the FY 2008-2009 maintenance budget. Engineering staff prepared plats and specifications, and advertised the project. The City received bids from twenty (20) contractors as follows: CONTRACTOR BID 1 Olympic Engineering Construction, Lemon Grove, CA $49,886.25 2 PAL General Engineering, San Diego, CA $63,349.00 3 Fares Construction & Engineering, San Diego, CA $63,442.00 4 C & B Concrete, Redlands, CA $75,976.00 5 Fox Construction, San Diego, CA $77,200.00 6 Palm Engineering, San Diego, CA $78,214.00 7 Team C Construction, EI Cajon, CA $81,710.50 8 A. B. Hashmi, Oceanside, CA $82,082.00 9 RMV Construction, Inc., San Diego, CA $83, 101.00 10 Kock-Armstrong, Lakeside, CA $87,458.80 II Portillo Concrete, Inc., Lemon Grove, CA $91,455.00 12 Scheidel Contracting & Engineering Inc., EI Cajon, CA $92,343.50 13 Tri-Group Construction & Development Inc., Poway, CA $93,936.00 14 West Coast Structures, Inc., dba Westem Structures, Riverside, CA $103,410.31 15 Victor Concrete, Riverside, CA $103,869.50 16 NPG CoqJoration, Perris, CA $104,806.50 17 New Century Construction, Inc., Lakeside, CA $116,191.00 18 Heffler Construction, National City, CA $124,665.00 19 MJC Construction, Bonita, CA $125,399.00 20 American Concrete, San Marcos, CA $159,170.75 The low bid by Olympic Engineering Construction is below the Engineer's estimate of $93,218.00 by $43,331.75 or 46%. Olympic Engineering Construction is a new sole ownership 3~-2. 1/27/09, Iteml Page 3 of 4 entity which acquired a General Engineering Contractor license in July 08,2008. The owner has approximately nine years of experience doing engineering work before he started his construction business. The Contractor has provided references from three contractors whom he worked for as Project Engineer in the construction of driveways, curbs, pedestrian ramps, gutter and sidewalks. Staff received excellent references on the owner. Staff further reviewed the low bid and recommends awarding the contract to Olympic Engineering Construction of Lemon Grove, CA, for $49,886.25. Staff received a late bid submittal from D & L Wheeler Enterprises, Yucaipa, Califomia on January 5, 2009. This is the 21st bid submittal of the JY-0650 project and will not be considered in the ranking. Attachment 1 shows the specific work to be done at each location and approximate quantities of sidewalk, curb, gutter, and driveway to be installed. Additional locations are shown in Appendix "A-I." Should funds remain in the project, locations on this list may be added based on the contract unit prices. Approximately 14% of proposed work is in the Montgomery area, 67% west ofI-805, but not in Montgomery, and 19% east ofI-805. Tonight's resolution also authorizes the expenditure of the available contingencies for the project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations, City Council approval is required. However, approval of tonight's resolution will increase the Director of Public Works Operations' authority to approve change orders as necessary up to the total contingency amount and funds available in the project. Authorization to expand the scope and expend all available funds will allow staff to remove and replace as much damaged concrete as possible on the lists using the available funds in the project. In accordance to City Council Policy No. 574-01, the Director of Public Works will be authorized to approve lO%, an amount of $4,988.62 in change orders. Thus, approval of tonight's resolution will increase the Director of Public Works authority to approve change orders as necessary up to the contingency amount of$50, 113.75 and expend all of the appropriated funds for the project. The authorization to expend all available contingencies and increase the value of the contract as necessary will avoid delay in construction due to unforeseen circumstances. Unforeseen circumstances (i.e. poor subgrade, utility conflicts, increase of quantities, etc.) may cause an increase in quantities beyond what was anticipated during the preparation of the project specifications. Further, it will allow the construction of improvements at locations listed in Appendix "A" and "A-l." Disclosure Statement Attachment 2 is a copy of the Contractor's Disclosure Statement. Wage Statement The source of funding for this project is Gas Tax Funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. 3-d 1/27/09, Item-2L- Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that pursuant to Califorina Govemment Code Section 1090, no conflict exists. Staff has also reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the propeliies which are the subject of this action. FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $49,886.25 B. Contingencies (with additional locations) $50,113.75 TOT AL FUNDS REQUIRED FOR CONSTRUCTION $100,000.00 FUNDS A V AILABLE FOR CONSTRUCTION A. Street Maintenance Budget (16731-640 I) $100,000.00 TOT AL FUNDS A V AILABLE FOR CONSTRUCTION $100,000.00 The General Fund will offset staff costs for design and inspections, estimated at $20,000.00. The contract amount of $49,886.25 plus the contingencies and remaining funds in the project results in a total construction cost of $100,000.00 which is budgeted in the Street Maintenance budget which is composed of Gas Tax funds. Upon completion of the project, the improvements will reqUIre only routine City street mai ntenance. ATTACHMENTS 1. Appendices "A" and "A-1" 2. Contractor's Disclosure Statement Prepared by: BOllshra Salem, Sr. Civil Engineer, Engineering Department M :\General Scrviccs\Design\AII Projects\.IY\.IY0650\GTSW09 A ward Agcnda 01-09 mlcm-REV.doc 3-'rf ATTACHMENT I APPENDIX" A" SIDEWALK REPLACEMENT FY2008-2009 JY0650 cr:~r=li rl ii -II fl, g I____L_____ un ______L~_L_~__J ~_~__ Lt-1 ~ ''''''''-'''''''1''.''''" m , 236!Third Avenue 'I 288 543 irst Avenue (On Shasta S , 3 i 63 "L" Street r".-4""''t'''.,,,,,,,,,,,.,, "'''' , 625 i Minot Avenue [:'3:~::J:':::='" ...","'" ,." ",-'""" 13~; : ~e~~:;r;:e~ venue _"'''__'''1'''''''''''''_'''"'_" t.:t1==:='~~1t1~~~~==:I~:::=t3j=:~~:-_l.-:- 773.77758T:7'87rCh~'~~h'A~~~~~'" 300 """""""'-""'""""''''-''''''''3'801"i.Str~'~t''''''"''''''''''''-"."",. E ......1.}""""I....."""..""....".."" "'" ..,""".,,,,,,,....~.~~lL~,'!~,~,~",,.",.,,,,,,,,,,,..,,"",,,,,,,,,,,,,,,.."",.." 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J 42 : 171jProspect Street E 80 .L...,...."..--t,.".,.1i..:-+_..- i._.~~".L_.~=__".~~.._-L._.-=-=~~~CT 2:~,~~~~2"~ 463 I I 36 j r"."'37"...I....."'....."......,''",.,-'''.....,,' t.".3'8'.1'""" HOME ON CITYWIDE 2000 MlGENERAL SERVICESlDESIGNlJY0650 10.31.2008 MLCM :i~ rI:J.rI:J ~. (;' ~.~. ~"I.;) .-. ..... . a .~ .~ u 56 36 60 15 ,...,,,,,.."',.....,,..,."',, ...."".....-..".'.-.'..'7''''..........-..'''''+.........-..-''''''..''.-.'''...,,-..,.- 170.. . I I 24 20 30 108 ",_.L_",~' , I 34 ! ' """""."...,.-..t-..'"'i"6...."'t"-.- ..,-"".."".....,.,- -""-"".'."'--r"."""""7 "...1.",.__, .....,""''',.'",..,..,''''',......,..,'''....,..J,..........,,,.,,''~g..."""""1'-'."'"'.'''''..-''' ...,.........,.,...._.... ...,'_~~.,_~" ,___ 4 "~L..,} ,..J ! I .. I 1 14 I......! 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APPENDIX II A" At. 1:4 RO (j) LOCATIONS (SEE LIST IN APPENDIX "A") PROJECT FILE # JY-0650 PREPARED BY: MLCM APPRO VED BY.' as 'RY APPENDIX IA_1" SIDEWALK REPLACEMENT FY2008-2009 JY0650 SUPPLEMENTAL LIST -If funds are available, these locations may be added to the scope of work. I~=='--'-=~='=-"-'~'"'-'--~'=-~'~F" f~-r=- I I ii' ___ ... i 0 . I ,.e- . I' ' I I... rJ:J 1:= I ' .... I I I ! ~ ~ ~,8 ~; ~~ I ~ ~." 'I ! ~O. I STREET NO. I ADDRESS ' I ~ I a: ~ ~ I ~ ! ~ ~ I ~ . ~31' I. Ii.... rJ:J - ~ := 'I a: ~, ~= rJ:J ' ~! i Ii I Cl I ~ II) c.i ~ I Cl u I u' ,~'.l I. I Y U I : ': I, ;J F~'~"'r""""-"'.""'-".~'H ~l!~'X~~~~.~...m."__......~.,_.......m""t"._."",.-"I"'"+6g._,+".._,,,..__.,,,.+,,,,,.,,,}Q~.,,_..+-,".}~.?_._.L,,....,~Q..""-r--:-..-.;-.I HH-....-..-5H~t;i~~~~~n-~'~~,t--I.t~-{-- '-.---r--~ . i. _&L~j i 74 l 130lJefferson Avenue ! I 1 I I 18 ! 7:5--j .. . 13:3IJeff~~s~nAven~e --. - .. t. -'"1" '100"" "'. ....(n..__ .-." .. .. ......'. +'-.--. · ....... r -... 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HOME ON CITYWIDE 2000 MlGENERAL SERVICES/DESIGNlJY0650 10-31-2008 MLCM 3 ---f ATTACHMENT 'J/ City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disc10sure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N\f\ 2. If any person * identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N\i\ 3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. I 6V1A- 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~ II} 5. Has any person* associated with this contract had any financial dealings with an official** oftlle City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~ N \ 1'\- 14 M:\General Services\Design\1Y0650\JY0650-Specs.doc ..2 --7 If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No _ Yes 't- If yes, which Council member? -Ll\ ()r 7. Have you provided more than $3.40 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No L- ~' AhiCh official** and what was the nature of item provided? Date:---1LllJ) 0 "-lJ /i~!t;~k/1~ Signature of ContrictorJ Applicant GQl)'ktVO k~:1()1J"\ Print or type n e of Contractor/ Apphcant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust,' receiver, syndicate, any other county,' city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members! 15 M:\Gencral Services\Design \JY0650\JY0650-Specs.doc .3 -'/ tJ RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA FISCAL YEAR 2008/2009 JY0650" PROJECT TO OL YMPIC ENGINEERING CONSTRUCTION IN THE AMOUNT OF $49,886.25, WAIVING COUNCIL POLICY 574- 01, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE FUNDS FOR THE PROJECT WHEREAS, on December 24, 2008, the City received sealed bids for the "Sidewalk Replacement at Various Locations in the City of Chula Vista, California FY 2008-2009 JY0650" project; and WHEREAS, the City received bids from twenty (20) contractors as follows: CONTRACTOR BID 1 Olympic Engineering Construction, Lemon Grove, CA $49,886.25 2 PAL General Engineering, San Diego, CA $63,349.00 3 Fares Construction & Engineering, San Diego, CA $63,442.00 4 C & B Concrete, Redlands, CA $75,976.00 5 Fox Construction, San Diego, CA $77,200.00 6 Palm Engineering, San Diego, CA $78,214.00 7 Team C Construction, El Cajon, CA $81,710.50 8 A. B. Hashmi, Oceanside, CA $82,082.00 9 RMV Construction, Inc., San Diego, CA $83,] 0] .00 10 Kock-Armstrong, Lakeside, CA $87,458.80 11 Portillo Concrete, Inc., Lemon Grove, CA $9] ,455.00 12 Scheidel Contracting & Engineering Inc., El Cajon, CA $92,343.50 13 Tri-Group Construction & Development Inc., Poway, CA $93,936.00 14 West Coast Structures, Inc., dba Western Structures, Riverside, CA $103,410.31 15 Victor Concrete, Riverside, CA $103,869.50 16 NPG Corporation, Perris, CA $104,806.50 17 New Century Construction, Inc., Lakeside, CA $116,191.00 18 Heffler Construction, National City, CA $124,665.00 19 MJC Construction, Bonita, CA $125,399.00 20 American Concrete, San Marcos, CA $159,170.75 H:\ENGINEER\RESOS\Resos2DD9\OI-27-D9\GTSWD9 Reso for Award mlcmREV.doc .,3-/1 Resolution No. 2009- Page 2 WHEREAS, the low bid by Olympic Engineering Construction for $49,886.25 is below the Engineer's estimate of $93,218.00 by $43,331.75, or 46 percent; and WHEREAS, although Olympic Engineering Construction is a new sole ownership entity, while working as a project manager, the owner has managed satisfactorily in the completion of construction projects which include driveways, curbs, pedestrian ramps, gutter and sidewalks per staff interviews with references; and WHEREAS, there is currently $100,000 in the Street Maintenance budget (16731-6401) which is composed of Gas Tax funds to fund this project; and WHEREAS, the General Fund will offset staff costs for design and inspections, estimated at $20,000.00; and WHEREAS, pursuant to Council Policy 574-01, the City Council shall consider all change orders involving changes in the scope of the project, increases of contract amounts greater than 10 % for contracts up to $100,000, or aspects concerning the public health, safety, or welfare; and WHEREAS, staff recommends that the City Council waive the Council Policy 574-01 to give the Director of Public Works the authority to approve change orders as necessary to expand the scope of the Project and expend all the funds available for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it accepts bids and awards the contract for the "Sidewalk Replacement at Various Locations in the City of Chula Vista, California Fiscal Year 2008/2009 JY0650" project to Olympic Engineering Construction in the amount of $49,886.25. 2. That it waives Council Policy 571-01 and authorizes the Director of Public Works to expand the scope of the Project and expend all available funds for the Project. Richard A. Hopkins Director of Public Works art C. Midfeld City Attorney Presented by H:\ENGINEERIRESOS\Resos2009\OI-27-09\GTSW09 Reso for Award mlcmREV.doc ...3/I~ CITY COUNCIL AGENDA STATEMENT ~~~ CITY OF =`~' CHUTA VISTA 1/27/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGIN ERING INC., FOR THE WILLOW STREET BRIDGE PROJEC SUBMITTED BY: DII2ECTOR OF PUBLIC WORKS REVIEWED BY: ASSISTANT CITY AGER S~ CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY By Resolution 2005-210, on June 21, 2005, the City Council approved an agreement with Simon Wong Engineering Inc. in the amount of $1,181,891 for environmental and engineering services required for the rehabilitation or replacement of Willow Street Bridge. In accordance with required Caltrans procedures, an analysis was conducted to determine the feasibility of a bridge replacement versus a bridge rehabilitation. The analysis determined that a bridge replacement was the preferred strategy and rehabilitation would not be cost effective. As a result, additional environmental and engineering services are required in order to complete design for the new bridge. Staff recommends that the Simon Wong Engineering Inc. agreement be increased to $1,939,152 to facilitate completion of Willow Street Bridge replacement. 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 subject agreement 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 agreement is not subject to CEQA. Thus, no environmental review is necessary. However, based on the sensitive project location (Sweetwater River) and potential significant project impacts, the Environmental Review Coordinator has determined that an Environmental Impact Report (EIR) prepared under State CEQA guidelines will be required. Furthermore, since the project is receiving federal funding, it is necessary that an Environmental Assessment be prepared in accordance with the National Environmental Policy Act (NEPA). 4-1 I/27/09, Item Page 2 of 4 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The existing Willow Street Bridge over the Sweetwater River was constructed in 1940 as a multi-span reinforced concrete slab bridge supported on concrete piles and pile extensions. The bridge length and width are approximately 610 feet and 31 feet, respectively. The bridge is capable of carrying two lanes of traffic with a 4-foot wide maintenance walk on the west side; the bridge has no bike lanes and no shoulders. The existing barrier system includes a concrete curb and timber railing elements and does not meet current standards. The approximate limits of the project include the Willow Street Bridge and roadway between the intersections of Bonita Road and Sweetwater Road. The existing right-of--way is approximately 100-feet wide, with the existing bridge in the approximate center. Temporary easements maybe required to facilitate the construction of the new bridge. The project requires interagency coordination between City of Chula Vista, County of San Diego, and California Department of Transportation which will provide Federal oversight. To date, the consultant and its team have been responsive to City issues and project needs. Staff is satisfied with Simon Wong's performance and recommends that the amendment be approved. EXISTING SIMON WONG AGREEMENT- SCOPE OF WORK The existing scope of work includes the following: Phase 1 Preliminary Engineering, including: project management & administration; design alternative evaluation; environmental documentation; topographical mapping; geotechnical investigation; hydraulic studies; bridge type selection; and 30% design details. Phase 2 Final Design, including: project management & administration; development of all required construction ready plans and documents; and development of all project specifications and estimate. Phase 3 Construction Support, including: project management and administration; bid support; survey datum control; construction observation; and as-built detailing. Detailed analyses of bridge rehabilitation and replacement alternatives were performed under the guidelines of the State's Highway Bridge Program (HBP). Based on the analyses, it was determined that it would not be cost-effective to rehabilitate the existing timber and concrete bridge and that a new three-lane bridge, with the ability to add an additional lane at a later date. The three-lane bridge will also accommodate bicycles and an equestrian undercrossing. The three-lane bridge will consist of north-southbound thru lanes with a northbound exclusive right-turn lane and a sidewalk on the easterly side. 4-2 1/27/09, Item Page 3 of 4 Additional Work Required (Proposed Contract Amendment) Based on the bridge replacement strategy selected by Caltrans and the City, the project's scope must be expanded beyond that originally anticipated, resulting in the need for additional engineering and environmental studies. This proposed amendment will provide for the following additional consultant services: Additional effort required for Alternative Analysis Report Additional design support for the Project Report Added seismic & liquefaction analysis to the geotechnical investigation Added biological monitoring during the geotechnical investigation Added formal bridge type selection process per Caltrans requirements Additional hydraulic studies Additional Landscape Architectural work and community meetings Compliance with revised Federal bridge design code not in effect during the first contract Increase in civil engineering design due to complexity of roadway improvement The majority of amendment costs are attributed to the Alternative Analysis Report and the Caltrans requirement for a Project Report. The Project Report is an engineering study that presents a general scope, cost, and schedule for bridge replacement. The estimated project cost for replacement of the bridge is $14 million. Caltrans procedures require a Project Report for bridge project costs over $10 million. City staff will compile the Project Report with -the consultant's support. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has not found property holding for all Council members within 500 feet of the bridge, which is the subject of this action. FISCAL IMPACT FUNDS COMMITTED FOR CONSULTANT SERVICES PER RESOLUTION 2005-210 A.. Consultant Contract Amount (Simon Wong Engineering) $1,181,891 B. Consultant Contract Contin enc (20%)* 236,399 TOTAL FUNDS COMMITTED (BASE CONTRACT) $1,418,290 * 20% Contingency includes ~% annual cost of living increase over three (3) years. NET INCREASE FOR FIRST AMENDMENT A. Phase 1-Preliminary Engineering $434,816 B. Phase 2-Final Design 301,107 C. Phase 3-Construction Su ort 21,338 TOTAL FUNDS REQUIRED $757,261 Minus origina120% contingency (236,399) NET INCREASE 520,862 NEW CONTRACT AMOUNT (BASE +INCREASE) $1,939,152 4-3 I/27/09, Item Page 4 of 4 There is no impact to the General Fund since the funds for these services and bridge improvements have been provided under a grant from the HBP and under the City's Transportation Development Impact Fee (TDIF) program. The HBP will reimburse 80% of the actual project costs For preliminary engineering and 88.53 % of the eligible costs for right-of- way and construction. Therefore, more than 80% of the consultant's costs, as well as much of the City staff costs, will be reimbursed to the City under the HBP. Since this is a reimbursement program, to mitigate any cash flow deficiencies, it is staffs intent to request reimbursement quarterly during the design phase and bi-monthly during the construction phase. The unreimbursed balance will be paid from the City's Development Impact Fee program. ATTACHMENTS 1. Fact Sheet 2. Area of Potential Effect 3. Three- Lane-Bridge Alternative 4. 2005 Agreement & Resolution Prepared by: Jose Luis Gomez, Land Swvyeor, Public Works Department M.IEngineerlAGENDAICAS200910l-27-091ST26! -A/!3 redline.doc 4-4 ATTACHMENT ~ FACT SHEET FORS WILLOW STREET BRIDGE REPLACEMENT PROJECT CALTRANS BRIDGE N0. 57C-0011 PROJECT LOCATION: THE WILLOW STREET BRIDGE IS ON THE LOWER SWEETWATER RIVER IN THE CITY OF CHULA VISTA. THE EXISTING BRIDGE CROSSES THE SWEETWATER RIVER CONNECTING BONITA ROAD AND SWEETWATER ROAD EAST OF INTERSTATE 805. PROJECT GOAL: THE CITY OF CHULA VISTA PROPOSES TO REPLACE THE WILLOW STREET BRIDGE TO MEET THE CURRENT AND FUTURE NEEDS OF THE COMMUNITY AND TO UPDATE THE MAJOR BRIDGE DEFICIENCIES SUCH AS DECK GEOMETRY AND BRIDGE RAILINGS. PROJECT DESCRIPTION: THE APPROXIMATELY 610-FOOT-LONG PROPOSED REPLACEMENT BRIDGE WILL BE BUILT WITHIN THE EXISTING CITY/COUNTY RIGHT-OF-WAY AND WILL BE A MULTI-SPAN BRIDGE SUPPORTED ON LARGE DIAMETER CONCRETE COLUMNS. THE STRUCTURE WILL BE UP TO 5.5 FEET DEEP AND INCLUDE 1-NORTHBOUND LANE, 1-SOUTHBOUND LANE & 1-DEDICATED RIGHT-TURN-LANE ONTO SWEETWATER ROAD. THE DESIGN OF THE PROPOSED BRIDGE WOULD ALLOW FOR THE CONTINUATION OF THE EXISTING EQUESTRIAN TRAIL, SIDEWALK AND BIKE LANE. WILLOW STREET WILL REMAIN OPEN TO TRAFFIC DURING THE DURATION OF THE PROJECT. TOTAL ANTICIPATED COST: ESTIMATED AT: $13.9 MILLION BEGIN CONSTRUCTION DATE: ANTICIPATED DATE: MARCH 2011 PROJECT CONTACTS: CITY OF CHULA VISTA: JOSE GOMEZ, P.E., P.L.S. PH. (619)476-2301 COUNTY OF SAN DIEGO: MICHAEL LONG, P.E. PH. (858)495-5794 `` I ENGINEERING DEPARTMEN OF 276 FOURTH AVENUE CHULA VISTA, CA 91910 ~~A (619)476-2301 N0. S7L-261 a: N xo scni.E PROJECT ~ swEErwarER SITE ~ RESERVOIR ~ Fye PROCTOR VALLEY gPy ROAD TN p~ MT MIGUEI \t ~OTIIAKFF ROA UPPER N R 1P A SRD.~ RESERVOIR WILLOW STREET EAST "TREE tELEGRPPH ANYO WER us '' OTAY RESERVOIR VICINITY MAP Focl Sheef.dwg OI/09/7009 /O: J~: 50 AM PSi ATfACHAAENT 2 L N NO SCALE `'-_ __~ DRAWN BY.• TITLE.' PREPARED BY.~ cEr CITY OF CHULA VISTA cEr s°A5 •DS WILLOW STREET BRIDGE AJOSE~UIS GOMEZ ATTAC4~IENT 3 .o-.os , .o,os r ~~~ l .o-.ol m m - ~ „ I g i ----- --° ~ m m a = v ~_-_ ~ €' ~ o y 3l g y I W p ~~';~' ~ q 4 m r 'l ; C~ ,''~ ~ yy W m , 013a r, W O ' J 'if•~`• F la`I n '`i'3 IIV/ i5 `m ~i~ ~~`I' r~ ' U i ~;I ~ gill /I$ ' i l l .,~ d m ~ a ~ 'il -' a ~ € m ~ " ~ ~' 3 ~ ___~ o w w i i ~~ ~i "~ "I p s-~ ° - LL s I I A 8 =' ~ (n a ~~ ti_Y L ~ I I l 1 E l m - ° U ~ ~ I 9 l W; m s 7F1 ..9-5 N G m LL '~il i g ~° ~ 4 ` W =J q I ~ - _ ,G, vJ Q --] = I~ l w l a ~ ~~, ++ ~ '~ E I I , ~ ra, l ~ i ',.' ~ m ~ ~ ~ I a' e a ~_o§ _g ~ s , ~a o N ~ v' 4 >$ ~~ ill `i ~~~ 31 ~ (..) r°a ~ ill 1 o D , -~, ~ (~ ~ w ~ j I 1 3. m t. !~~ ~~ e -'m .~il l i ~; m ti ~ ~ m _,~ s 1, W; ~T C S -~ m ~ "~a i__ ~ o m m ~ =' i>~ $ ill ~ \_l,~ ~/ 0 8~~ "m y "'qy I U'o moms a '~ J I I i 8lr _- -;, m3 ~ 'v ,ii i ~ ~ am.=',v~9 yr 1 I U ~'-' rt - € C1 m I I A ( a UaU 3M s I~l i ~_ ~g ~~l a =;m mw ij ~ ~~~ I it i u $ •~ ' ~ I ~ ~ Vn ~ ti~ o m ¢ ~r r U m ~i E ~ lql ~I m ~, N ~~~ ~~ ~ U~ c ~ lF ~ J1 o c a ~~ ~~ -g w - ---1' - ~ I x a .o-,oro .o-,e ..o-.ss I ATTACH~AIIENT Parties and Recital Page(s) Agreement between City of Chula Vista and Simon Wong Engineering, Inc for Engineering and Project Management Services for the W illow Street Bridge Rehabilitation Project This agreement ("Agreement"), dated fl/Ilt'. 11 , 'LCb? for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals W hereas, the City is planning to rehabilitate the W illow Street Bridge over the Sweetwater River, and Whereas, the City wishes to hire a consultant who can provide it with project management, project administration, preliminary engineering, final engineering and construction support services, as well as create NEPA/CEQA environmental documentation; and Whereas, Consultant has proposed a work program that will accomplish the City's objective of rehabilitating the Willow SVeet Bridge; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.] CV/Simon Wong-Willow St Bridge Rehab Page 1 4-8 2v~~`~ -2/a Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform alt of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. In addition, the City and Consultant agree that Final Engineering Design and Construction Support Services are optional. The City reserves the right to select a different consultant for said services, in accordance with the Local Assistance Procedures Manual. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance CV/Simon Wong -Willow St Bridge Rehab Page 2 4-9 coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which Veats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Ercors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonsVating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an ircevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security CVISimon Wong -Willow St Bridge Rehab Page 3 4-10 In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 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. J. General Compliance With Laws & Wage Rates Consultant shall comply with all federal, State and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. K. General Compliance With Code of Federal Regulations Consultant shall comply with the Cost Principles, Title 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 and Uniform Administrative Requirements, Title 49, CFR, Part 18. 2. Duties of the City A. Consultation and Cooperation City shall regulady consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schetlule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of ConVact Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. CV/Simon Wong -Willow St Bridge Rehab Page 4 4-11 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages 14. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 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 theirjudgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's ConVact Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in anywayattempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. CV/Simon Wong -Willow St Bridge Rehab Page 5 4-12 Regardless of whether Consultant is designated as an FPPC Fifer, 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 'rf Consultant teams of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which maybe the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which maybein conflict with Consultant's responsibilitiesunderthisAgreement,exceptwiththewritten permission of City. G. Covenant Against Contingent Fees. The Consultant wamants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or formation of this agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability, or at its discretion to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 7. Hold Harmless 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to daims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. 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 ads or omissions of the Consultant, its employees, CV/Simon Wong -Willow St Bridge Rehab Page 6 4-13 agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and ali liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receivejust and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". CVISimon Wong -Willow St Bridge Rehab Page 7 4-14 If Consultant subcontracts any of the work to be performed under this Agreement, Consultant shall be as fully responsible to City for the acts, errors, or omissions of Consultant's subconsultant and of the persons employed by the subconsultant as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement shall create any contractual relationship between any subconsultant of Consultant and City. Whenever the amount of work performed by an individual subconsultant exceeds the amount for the subconsultant specified in Exhibit B, Consultant shall notify City and comply with any audit or reporting requirements mandated by local, state or federal laws. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act}, distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. All of the Consultant's records, including those related to billings, shall be retained for inspection by the State, FHWA, or their duly authorized representatives for a minimum of three years after final payment is made to the Consultant. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for atl purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs CV/Simon Wong -Willow St Bridge Rehab Page 8 4-15 incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. 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 conVactual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 76 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [End of page. Next page is signature page.] CV/Simon Wong -Willow St Bridge Rehab Page 9 4-16 Signature Page to Agreement between City of Chula Vista and Simon Wong Engineering, Inc. for Engineering and Project Management Services for the Willow Street Bridge Rehabilitation Project. IN W ITNESS W HEREOF, City and Consultant have executed this Agreementthereby indicatingthat they have read and understood same, and indicate their full and complete consent to its terms: Dated:_!~i~~~ ally) ~' City of Chyt~ Vista ~ / ~ /~ Stephen .Padilla, Mayor Attest: ~~ ~~~ Susan Bigelow, City CI Approved as to form: Ann Moore, City Attorney Dated: ~ -~ Exhibit List to Agreement: (X) Exhibit A (X) Exhibit B CV/Simon Wong -Willow St Bridge Rehab Simon Wong Engineering, I c rk Creveling P.E. Page 10 4-17 Exhibit A to Agreement between City of Chula Vista and Simon Wong Engineering, Inc 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista () Other: . a [insert twsiness form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Simon Wong Engineering, Inc Mark Creveling P.E. Principal in Charge 5. Business Form of Consultant: ( )Sole Proprietorship ( )Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 9968 Hibert Street, Suite 202 San Diego, CA 92131 Voice Phone (858) 566-3113 Fax Phone (858) 566-6844 7. General Duties: To assist City in completing the rehabilitation of the W illow Street Bridge, Consultant shall, under the direction of the City Engineer and Environmental Review Coordinator, provide project management services, project administration, preliminary engineering, , final engineering and construction support services, as well as create NEPA/CEQA environmental documentation.. 8. Scope of Work and Schedule: CV/Simon Wong -Willow St Bridge Rehab Page 11 4-18 A. Detailed Scope of Work: 1.0 Preliminary Engineering (task 8.A.1) The preliminary design phase of the project inGudes the development of the project design up to the 30°h design level. Included in this phase are the alternative evaluation, environmental documentation, topographical mapping, geotechnical investigation, hydraulic studies, bridge type selection and 30% design details. The project shall be developed in english units and shall be in compliance with Caltrans design criteria, memos and specfiptions. 1.1 Project Management and Administration Consultant shall provide Project Management and Administration duties for the duration of this phase of the project as noted above. 1.2 Project Schedule Consultant shall develop and maintain the project schedule for the duration of this phase of the project as noted above. 1.3 Project Meetings Up to 20 Team meetings with the City of Chula Vista are assumed during this phase. These shall be held at the City's office approximately once each month. The following table provides the Parties' assumption for meeting attendance: M i Finn Name eet ng Description Simon Won Kimley Hom EDAW Tierra KTU+A Geocon Chang Kick-Oil Meetin X X X X X X X Team Meetin #1 X X X X X X Team Meetin #2 X X X X X X X Team Meetin #3 X X X X X X Team Meetin #4 X X X Team Meetin #5 X X X X X Team Meetin #6 X X X Team Meetin #7 X X X X X Team Meetin #8 X X Team Meetin #9 X X X X X X X Team Meetin #10 X X Team Meetin #11 X X X X X X Team Meetin #12 X X Team Meetin #13 X X X X Team Meetin #14 X X Team Meetin #15 X X Team Meetin #16 X X Team Meetin #17 X X Team Meetin #18 X X 30% Design Review X X X X X X X Totals: 20 10 20 10 7 6 9 CV/Simon Wong -Willow St Bridge Rehab Page 12 4-1 9 In addition to regulady scheduled team meetings, review meetings will be required with Caltrans to develop an appropriate project alternative. Up to three formal Caltrans coordination meetings are assumed during this phase. Additional informal meetings maybe required between Consultant, City staff, Caltrans local assistance staff, environmental resource agencies. The time needed for these meetings has been incuded in the compensation amount. 1.4 Right-of-Way Studies Existing rightof-way maps will be researched, surveyed and transferred to the project base map. Many of the bridge alternatives fall within the existing right- of-way, however, if requested Consultant will develop right-of-way plats, legal descriptions and easement documents as an additional service. 1.5 As-Built and Utility Research As-built plans and utilities will be researched and located on the project basemap. Consultant may assume that the as-built plans and surface surveys will be adequate to locate existing utilities. Subsurface exploration (pot holing) is not included in this scope of work. If the as-built plans show that potential utility conflicts exist, pot holing will be completed to verify utility locations. . 1.6 Site Visit, Field Surveys and Mapping A site visit shall be held by all team members (City, Consultant, and subconsultants) to review the existing conditions. An aerial topographical map (digital color format with a 0.5' resolution or better) and supplemental field surveys will be completed and assembled into an AutoCad format base map. A digitally rectified orthographic photo, with a scale of 1 "=40' with a one-foot contour interval, will be obtained/produced for this area. The "area" is 500 feet on either side of the right-of-way and 500 feet north and south of the bridge. Field surveying shall identify existing topographical features, right-of-way (including all critical points) and tie out, and any and all existing survey monuments that may be disturbed by the work. Street centerline and centerline stationing will be established to an accuracy of one-tenth (0.1) foot. Consultant shall establish one field survey datum or benchmark which was used in the design for use during construction and all elevations, dimensions, and other measurements necessary to establish proper line and grade. Channel cross sections will be completed approximately 100' up and down stream of the bridge on a 50' interval (total of 5 sections). • Cross Sectional Information Fifty (50) foot cross sections will be obtainedlproduced along Willow Street between Bonita Road and 300 feet west of Sweetwater Road. Fifty (50) foot cross sections will also be obtained/produced along Sweetwater Road from Willow Street to 300 feet east of Willow Street. Cross sections of the abutment slopes will also be obtainedlproduced. CV/Simon Wong -Willow St Bridge Rehab Page 13 4-20 Existing driveways along W illow Street between Sweetwater Road and Bonita Road will also be profiled. The driveway profiles will extend into the existing parking lots to determine the existing drainage patterns. Other Planimetrics will be obtainedlproduced from the aerial and will include key design features such as driveways, curb and gutter, storm drain manholes and outlets, bridge limits, sidewalks, signal equipment, building boundaries, and visible utilities. Right-of-way boundaries will be obtained/produced from record drawings. Bridge Survey The existing bridge will be surveyed to determine the location and elevation of the deck, soffit, sidewalk, columns and hinges. The deck and sidewalk elevations will be surveyed every 10't. Pedestrian Bridge Field survey will include horizontal and vertical as well as cross sectional information (100' cross sections) along the existing pedestrian bridge east of the Willow Street Bridge. River Delineation The cross sectional data needed to perform the hydraulic analysis will be coordinated with Chang Consultants but is assumed to include up to 5 river cross sections upstream of the bridge. This data will be used to supplement the existing downstream contour information from SANDAG and City of Chula Vista. Documentation for all survey monumentation used in the design for use during construction will be provided with electronic files and a plot of all control coordinates for use in construction staking. 1.7 Preliminary HEC/RAS Analysis A preliminary HEC/RAS analysis shall be performed on the existing bridge and up to three hydraulically different alternatives. The results of this analysis shall provide water surface elevations at the bridge and upstream for the 50 and 100-year events along with the coresponding Flow volume and velocities. Initial scour estimates shall be based on engineering judgment and similar river dynamics. The existing drainage structures shall be identified and evaluated for current deficiencies. 1.8 Preliminary Geotechnical Study A Preliminary Foundation Report (PFR) shall be prepared based on a review of available studies and documentation of subsurtace investigations in the vicinity of the Willow Street Bridge. The PFR will present general geology CV/Simon Wong -Willow St Bridge Rehab Page 14 4-21 and subsurface conditions, seismic evaluation, liquefaction, scour, corrosion, preliminary foundation recommendations and recommended additional work based on a review of published geologic maps, aerial photographs, "as-built" plans, in-house documents, and other literature pertaining to the site to aid in evaluating geologic conditions and hazards that may be present. This report will be superceded by the final project geotechnical reportwhich shall be based on a detailed subsurface exploration program and lab testing. 1.9 Traffic Analysis Traffic analysis shall be completed for the intersection at Bonita Road, the intersection at Sweetwater Road and on Willow Street. The analysis shall include studies for both the current traffic volume and the 2030 projections. A traffic study shall be completed for the traffic section of the environmental document. The analysis shall include projected impacts to the adjacent intersections and roadway segments under existing, phased construction (including potential closure of the bridge), and build out conditions. • Existing Intersection Traffic Counts The intersections listed below shall be counted to obtain baseline traffic volume data. The locations were based on the assumption that the bridge segment would be closed during construction. • Bonita Road/Wiilow Street • Willow Street/Sweetwater Road • Bonita Road/Otay Lakes Road • Bonita Road/Central Avenue • Bonita Road/Plaza Bonita Road • Sweetwater Road/Central Avenue • Sweetwater Road/Bonita Center Way • Sweetwater Road/Plaza Bonita Road ADT (tube) counts shall be collected at three locations, including W illow Street, Sweetwater Road and Bonita Road. • Forecast Traffic Volumes Current SANDAG 2030 traffic forecast model shall be used for this area for existing and buitdout conditions. A select link assignment on the bridge segment shall be run to estimate existing traffic patterns and to predict re-routing of traffic during construction. • Bridge Closure Analysis An analysis shall be completed to determine the impacts of a potential bridge closure during construction. Potential detour routes shall be determined and impacts to detour segments and intersections shall be analyzed. • Maintenance of Traffic CV/Simon Wong -Willow St Bridge Rehab Page 15 4-22 An analysis shall be completed far the construction staging of the options that maintain the bridge open to traffic during construction. Potential detour affects and impacts of reducing lanes during construction shall be analyzed. • Traffic Assessment A Traffic Assessment report shall be processed and approved through the City of Chula Vista. The following are assumed for this task: • Two (2) submittals to the City of Chula Vista • Two (2) meetings with City of Chula Vista staff • Two (2) meetings with County of San Diego and/or SANDAG staff • Cursory review by County /SANDAG staff - 2 submittals 1.10 Alternative Evaluation This phase of the project will focus on developing the most appropriate rehabilitation or replacement strategy and obtaining a consensus for project development and funding commitments through the HBRR program via Caltrans and the FHWA. The existing bridge is eligible for rehabilitation (but generally not replacement) funding through the HBRR program; however, replacement strategies and widening with adding lanes will also be considered. In order to develop a consensus on the baseline project, a number of alternatives shall be developed to approximately a 10% design level and studied. Plans shall include a bridge general plan and a roadway plan and profile sheet. Up to two widening alternatives and three replacement alternatives shall also be developed. These may include: • Widen to a 2-lane bridge with 8' shoulders and 5' sidewalks, Width = 52' • Widen to a 41ane bridge with 8' shoulders, 4' striped median, and 5' sidewalks, Width = 80' • Replace with a 2-lane bridge with 8' shoulders and 5' sidewalks, W idth = 52'. Demo the existing bridge and re-align traffic to new structure (off- alignment) • Replace with a 41ane bridge with 8' shoulders, 4' striped median and 5' sidewalks, Width = 52'. Demo the existing bridge and re-align traffic to new structure (off-alignment). Construction within existing right-of-way. • Open alternative -Develop and study one additional replacement alternative that inGudes a variation on alignment, lane configuration, shoulder width or sidewalk condition. Potential evaluation criteria will likely include: • Bridge Load Rating • Hydraulic Perfonnance • Deck Geometry (Width) • Traffic Capacity (ADT) • Traffic Safety Features • Structure Lifespan • Seismic Liquefaction Potential CVISimon Wong -Willow St Bridge Rehab Page 16 4-23 • Scour Potential • Right-of-Way Impacts • Potential Environmental Issues These criteria shall be ranked for importance and each altemative shall be. relatively scored using a value analysis approach. Preliminary cost estimates shall be developed using current unit cost data and a general plan level quantiiy take-off. Details shall include a bridge general plan and a roadway plan and profile sheet for each altemative. An alternatives report shall be completed to document the analysis and shall be provided to the City and Caltrans for review. Up to 10 copies of a draft and final version of the report shall be printed and distributed to the City and Caltrans. Consultant agrees to meet with the City and Caltrans to assist in defining the appropriate project altemative forenvironmental analysis and final design. 1.11 Drilling Permits and Environmental Clearance Environmental permits to perform the geotechnical borings and investigation will be obtained by Consultant through the jurisdictional agencies. These are assumed to incude the California Department of Fish and Game, the US Army Corps of Engineers and the Regional Water Quality Control Board. Permit application fees will be invoiced as a direct cost. 1.12 Geotechnicallnvestigation Geotechnical field investigation and lab testing shall be completed to support the bridge and roadway design. Based on published geologic maps, it appears that the bridge alignment is undertain by alluvium over San Diego, Mission Valley or Otay Formation. Shallow groundwater at about creek elevation is expected. Consultant understands that the bridge will be designed to Caltrans standards. County of San Diego Department of Environmental Health well permits shall be obtained by Geocon Incorporated for the borings. Access to numerous drill locations will require permission from several agencies. Because access within the channel is subject to changes associated with flow through the channel and vegetation growth, Consultant should assumed two borings per day. The scope of the investigation for the widening or replacement bridge shall consist of the following: Drill twenty small-diameter borings using mud rotary drilling equipment; one at each abutment and the remainder spaced evenly throughout the one at approximately each pierthrough the alluvium into underlying formational materials (approximately 30 to 70 feet) to examine and sample the prevailing soil conditions. Consultant should expect that borings will be drilled along the access road within the golf course and within the river channel at the northwest side of the existing bridge. Because of the loose sand within the river channel, stabilization mats or plywood will be required to access the drill sites. Drilling mud will be CV/Simon Wong -Willow St Bridge Rehab Page 17 4-24 disposed of by the geotechnical subconsultant. Pavements will be patched with cold patch asphalt. Perform laboratory tests on selected soil samples to evaluate unit weight, water content, pH, resistivity, soluble sulfate content, chloride ion content, grain size, shear strength, consolidation, expansion and compaction characteristics of the prevailing soils. Prepare a Final Foundation Report (FR) presenting Consultant's findings and Consultant's conclusions and recommendations regarding the geotechnical aspects of constructing the proposed bridge and widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and laterel pile capacities shall be included. The report shall be prepared in accordance with Caltrans Guidelines for Foundation Investigation and Reports, version 1.2. A Log of Test Borings in Caltrans format would also be provided. Recommended grading spec cations, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics and remedial grading measures shall also be included in the report. 1.13 Bridge Type Selection This task includes the development of the preferred bridge alternative for the site. Abridge type selection report shall be developed to formalize the bridge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document shall be prepared in accordance with Caltrans Memo to Designers 1-29. 1.13.1 Coordinate with the project geotechnical engineer for appropriate foundation type and sizing. Based on the known geotechnical conditions up and down sVeam of the bridge and the Gose proximity of private property, large diameter cast-in~rilled hole (CIDH) concrete foundations are anticipated. 1.13.2 Coordinate with the project civil designer and hydraulic requirements for bridge vertical alignment and landing requirements 1.13.3 Prepare a bridge general plan and preliminary cost estimate 1.13.4 Develop architectural and aesthetic details for the bridge that tie-in with the site 1.13.5 Prepare a Type Selection Report with Consultant's recommendation for design alternatives, abutment and bent layout, utility issues, maintenance issues, aesthetic issues and construction methods. This report shall also document the preliminary engineer's estimates for other alternatives studied for this project. Consultant may assume that the Type Selection Report will be made available to the City and Caltrans; however, a Type Selection Meeting will not be required. Consultant shall produce 10 copies of the draft and final Type Selection Report which will be distributed to the City and Caltrans. CV/Simon Wong -Willow St Bridge Rehab Page 18 4-25 1.14 Hydrology, Hydraulics and Scour A final HEC/RAS analysis will be performed on the selected bridge alternative. The results of this analysis shall provide water surface elevations at the bridge and upstream for the 50 and 100-year events along with the corresponding flow volume and velocities. Scour analysis shall be developed based in a flood series and aFLUVIAL-12 model. A hydraulic analysis shall also be completed for any storm drain facilities effected by the project. Afinal Hydrology, Hydraulics and Scour analysis report shall be prepared to document these studies. 1.15 30% Design Submittal The 30% design submittal shall be based on the preferred alternative and shall include a project title sheet, a sheet list, bridge general plan, bridge foundation plan, roadway plan and profile sheet, grading plans, roadway typical sections, preliminary landscape plan and a preliminary engineer's estimate of probable cost. Utility dispositions shall be defined on the bridge foundation plan or on the roadway plan and profile sheets. Up to 6 copies of the 30% design shall be distributed to the City and Caltrans. Plans shall be printed in both full size and 11x17 sheets. 1.16 Caltrans Coordination Since a majority of the funding for this project is anticipated to be through the HBRR program, the project must be designed and processed in accordance with the CalVans Local Programs Manuals. Significant coordination with the District Local Assistance Engineer and the Structures Local Assistance Engineer will help assure a smooth project that meets the federal funding criteria. 1.16.1 Bridge Sufficiency Rating Analysis An evaluation of the bridge condition shall be completed and compared to the current Caltrans maintenance reports and sufficiency rating (SR). This task inGudes a detailed visual field review of the bridge condition. Recommendations for changes the SR shall be formalized in a project memo along with any noted structural or geometric deficiencies. 1.16.2 Project Funding Analysis Evaluate the opportunities and constraints for the project funding through the HBRR program and other likely funding sources including local matching funds. This evaluation shall include an analysis of likely participating and non-participating components. It shall also look at opportunities for funding commitments through the HBRR program for a portion of non-participating construction. CV/Simon Wong -Willow St Bridge Rehab Page 19 4-26 1.16.3 Process Flow Chart A process flow chart shall be developed to assist with the project development through Caltrans and the HBRR program. This flow chart will be used as a tool in scheduling and processing the project through constriction. 1.16.4 Coordination Meetings Regular meetings with Caltrans local Assistance staff shall be completed throughout the project. These may be built into team progress meetings or separate meetings to discuss Caltrans specific issues. 1.16.5 Funding Documents Funding documents shall be developed for the construction phase of the project. This includes the completion of the funding request documents inGuding the finance letter, the construction ready plans, specfications and estimate ("PSBE") certfcation and checklist, the data sheets and the right-of-way certification. 1.17 NEPA / CEQA Environmental Documentation Given the project funding sources and agency involvement, both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) guidelines must be satisfied. The following part of the scope of work (sections 1.17.1 -17.11) is based on the assumption that a single document will be developed that satisfies both CEQA and NEPA requirements. Based on the anticipated project environmental conditions, it is assumed the joint document will be an Environmental Impact Report (EIR) pursuant to CEQA and an Environmental Assessment (EA) pursuant to NEPA. If a less intensive environmental review is required, the maximum compensation amount shall be adjusted downward accordingly. 1.17.1 Field Review /PES The environmental subconsultant's staff shall attend a Field Review of the project site with Consultant, City, and Caltrans District 11 staff. The environmental subconsultant's staff, with the input of other members of the Project Design Team (PDT), shall complete a draft version of the Preliminary Environmental Studies (PES)form. The PES form shall identify (and confirm) the anticipated documentation necessary pursuant to NEPA and CEQA, as well as the technical studies required in support of this documentation. The draft PES form shall be submitted to Caltrans staff. After any necessary revisions are incorporated, the final signed PES form will forwarded for signature. 1.17.2 Area of Potential Effect An Area of Potential Effect (APE) map shall be developed in consultation with the City and Caltrans for obtaining project approval through Caltrans/FHWA. This map shall provide the survey boundaries for cultural CV/Simon Wong -Willow St Bridge Rehab Page 20 4-27 resources evaluated during project studies. The APE map shall be based on the total anticipated disturbance footprint associated with project activities (e.g., road construction, staging areas, detours, drainage facilities, and adjacent parcels should any additional right-of-way be required). 1.17.3 Environmental Constraints Report The environmental subconsultant shall prepare an Environmental Constraints Report. The purpose of the report is to develop an inventory of environmental resources and a list of potential project issues and impacts that could significantly delay or affect the viability of any project alternative. It also will determine whether additional altematives need to be examined, what additional studies may be needed in the PANED phase, identify likely permit requirements and the type of environmental document needed. The Environmental Constraints Report shall inventory (map and describe) environmental resources and identify environmental issues, particularly those affecting the viability of alignment alternatives. With this baseline environmental information, additional altematives can be formulated to avoid or minimize adverse environmental effects. Further studies required to complete the PANED phase shall be identified, noting any seasonal constraints, as well the permits needed for project implementation. Information shall be obtained from existing documentation, aerial photographs and other mapping, as well as limited field examinations. The environmental subconsultant shall obtain/provide aerial photographs and other base maps from the project area. Available mapped information shall be collected to generate a database with spatially correct information. Consultant shall access GIS databases such as those maintained by San Diego Geographic Information Services (SANGIS), the US Fish and Wildlife Service, and the California Natural Diversity Data Base (CNDDB) in collecting environmental resource data. Through the preparation of the Environmental Constraints Report, environmental staff shall identifythe key environmental issues forall project alternatives. Consultant shall review federal, state and local permitting requirements. Based on the results of the preliminary environmental studies, Consultant shall identify permit requirements for the project. 1.17.4 Technical Studies 1.17.4.1 Visual Impact Assessment The environmental consultant's staff shall prepare a Visual Impact Assessment (VIA) that evaluates the visual impact of the project improvements from several key viewpoints. The FHWA Visual Impact Assessment for Highway Project guidelines shall be followed to quantify the visual analysis. This assessment shall describe the existing visual characteristics of the area involving the interchanges and vicinity, and anysignificant visual resources. The potential visual impacts from project construction and use of the widened andlor replaced bridge shall be evaluated through the use of ground level photographs from viewpoints near the project site. Visual conditions and project impacts shall be quantified as CV/Simon Wong -Willow St Bridge Rehab Page 21 4-28 required in the VIA guidelines for highway projects. Mitigation measures shall be recommended, if necessary, to reduce any significant impacts. Up to four visual simulations shall be prepared in conjunction with the findings from the Visual Impact Study. The visual quality report shall include viewshed maps and character /quality unit mapping and typical photos of the adjacent visual environment. It shall also include mass diagram /model wireframes for each of the altematives being considered. These wireframes would be added over site photos. Detailed visual simulations shall be done for the preferced project. Multiple views shall be created of the preferred alternative. An existing photo, proposed unmitigated and a mitigated version shall all be provided. The VIA shall be prepared under the supervision of a licensed Landscape Architect. 1.17.4.2 Historic See Cultural Resource Studies under task 1.17.4.9. 1.17.4.3 Biology The following tasks shall be performed by the biological subconsultant: Perform Protocol Surveys for Arcoyo Toad. U.S. Fish and Wildlife Service (USFWS) survey protocols require six day and nighttime surveys conducted within the same 24 hour period separated by at least one week. Surveys may not be valid if appropriate breeding habitat (shallow pools) is not present on- site. A report of findings must be submitted to the USFWS within 30 days of the end of the breeding season (July). • Perform Protocol Surveys for Least Bell's Vireo. USFWS protocols require eight surveys separated by 10 days in order to determine presence/absence. Surveys must be conducted beginning April 10 of each season. A report of findings must be submitted to the USFWS within 30 days of the end of the breeding season (September). Perform a Rare Plant Surveys in May and July in order to coincide with the blooming periods of potentially occurcing sensitive species. • Perform a wetland delineation using the currently accepted U.S. Army Corps of Engineers (ACOE) delineation manual. This delineation wilt be used to determine project impacts and in support of the Section 404 permit required from the UCOE. • Prepare a Natural Environment Study (NES) consistent with Caltrans requirements. The NES shall describe the biological resources of the project area, quantify project impacts, and recommend mitigation measures to offset those impacts. The NES shall also address three project alternatives. It is CVISimon Wong -Willow St Bridge Rehab Page 22 4-29 anticipated that the City, CalVans and FHWA will require revisions. • Prepare a restoration plan to mitigate for project impacts. The plan shall identify the type of plants, planting densities, irrigation and long-term monitoring requirements. • Consult with the USFWS on an informal basis during design of the project in order to obtain a favorable Biological opinion pursuant to Section 7 of the federal Endangered Species Act 1.17.4.4 Noise It is assumed that the project is a Type I project as defined by 23 CFR 772. The environmental subconsultant shall prepare a noise study in accordance with Caltrans Traffic Noise Analysis Protocol. It is anticipated that the screening procedure will show that a detailed noise analysis is required. Noise measurements shall be conducted at sensitive receptors in the four quadrants of the existing river crossing/proposed bridge structure area, and at nearby locations as necessary to define existing traffic noise levels and to calibrate the Vaffic noise model. Future traffic noise will be predicted using Caltrans' SOUND32/SOUND2000 or equivalent. Preparation of a Noise Abatement Decision Report is not proposed at this time. The noise study shall also include a separate evaluation of construction noise. Noise originating from construction equipment shall be evaluated with respect to relevant federal and municipal standards 1.17.4.5 Traffic The results of the traffic analysis from Section 1.9 shall be incorporated into the environmental technical studies. 1.17.4.6 WaterQualiry A project speck Stonn Water Pollution Prevention Plan (SWPPP) shall be developed forthis project. The projectconsWction and post construction Best Management Practices shall be outlined and described in the environmental documents. 1.17.4.7 Initial Site Assessment (Hazardous Materials) The environmental subconsultant shall prepare an Initial Site Assessment (ISA) in accordance with Caltrans' procedures. Consultant shall conduct an agency records search to identify all hazardous waste sites located within the project study area and classified as a hazardous waste site under State law. The records search shall also identify business types located within the project study area that would be likely to store, transfer, or utilize large quantities of hazardous materials. This information shall be obtained from records maintained by the State of California Department of Health and Regional Water Quality Control Board, and other appropriate agencies. CV/Simon Wong -Willow St Bridge Rehab Page 23 4-30 The environmental consultant's staff shall conduct a visual survey of the project area via available public access to identify any obvious area of hazardous waste contamination. If hazardous waste sites are identified within the project study area (via governmental records and/or the visual survey), the environmental subconsultant shall determine the potential impact to the project and identify subsequent procedures to determine the extent of contamination and remediation requirements. Potential hazardous waste sites located within the project area shall be investigated per information available from local and/or State agencies. Historic land use information for the project study area shall be requested from the City to determine whether previous uses may have resulted in hazardous waste contamination. A draft ISA shall be submitted to the City and Caltrans for review. The environmental subconsultant's staff shall revise the ISA as necessary, and submit a final ISA for Caltrans' approval. 1.17.4.8 Air Quality Study The environmental subconsultant shall prepare an air quality assessment for the project. Conformity with the Clean Air Act for regional operational emissions shall be demonstrated by documenting that the project is consistent with the air quality analysis of the most recently approved San Diego Association of Governments Regional Transportation Improvement Program and Regional Transportation Plan. Local emissions shall be addressed in accordance with Caltrans' Transportation Project Level Carbon Monoxide (CO) Protocol. If CALINE4 modeling for CO hot spots is indicated, the latest version of EMFAC shall be used. Construction-related emissions shall be estimated and compared with the federal Clean Air Act confonnity de minimis thresholds for NEPA compliance and the South Coast Air Quality Management District (SCAQMD) CEQA air quality guidelines, which have been used by the City of Chula Vista. Dust control requirements and abatement measures consistent with City and SCAQMD policies and regulations shall be included in the analysis. The air quality analysis shall address the applicability of the City's Growth Management Ordinance and Carbon Dioxide Reduction Plan, as applicable to the project. 1.17.4.9 Cultural Resource Study Perfonn a Cultural Resource Study. The study shall be prepared by obtaining and reviewing pertinent archaeological records. The records search shall be requested by from the South Coastal Information Center of the California Archaeological Inventory at San Diego State University and from the San Diego Museum of Man. The records search shall identify all prehistoric and historic archaeological sites recorded within one mile of the project area, as well as the locations of previous cultural resource studies. CVISimon Wong -Willow St Bridge Rehab Page 24 4-31 Native American Consultation: Due to Caltrans involvement, it is anticipated that a Native American contact program will be required to identify any Traditional Cultural Properties or Native American concerns. This program shall consist of providing contact letters describing the project to appropriate Native American representatives at this time. Field Survey: Upon receipt and review of the records search, an archaeological field survey shall be conducted of the project area under the supervision of an archaeologist meeting the Secretary of the Interior's standards for qualified archaeologists. The intensive field investigation shall use standard intervals of 10 to 15 meters. Special attention shall be given to relocating previously recorded sites which have been identified by the records search, Report Preparation: An Archaeological Survey Report (ASR) and a Historic Properties Survey Report (HPSR) meeting Calrans standards shall be completed following the completion of the field survey. The reports shall be prepared to document the results of the records search and intensive field survey. The reports shall provide background cultural history for the project area, discuss survey methods, identify any cultural resources located on the project site and impacts that would occur to those resources. A map detailing the Area of Potential Effect (APE) shall be provided by the client for use in these documents. If it is detennined by City that a Historic Resource Evaluation Report is necessary to evaluate the bridge and any historic resources that might be present in the APE, this shall be completed by subconsultant EDAW and the results incorporated into the HPSR. Additionally, a report for the City detailing the results of the study shall be completed. No subsurface testing or data recovery or significance evaluation will be conducted as part of this proposal. In the event that cultural resources found on the project site cannot be avoided through project design or mitigation, testing may be required to fully evaluate significance. Under these cimumstances, a revised scope and cost estimate will be prepared. 1.17.5 Notice of Preparation Initiation of the EA/EIR process shall commence with the preparation of a Notice of Preparation (NOP). The NOP shall be prepared in acwrdance with the requirements of Section 15082 of the CEQA Guidelines. Adraft NOP shall be transmitted to City and Caltrans staff for their review. Comments received shall be incorporated into the final NOP. The final NOP shall be transmitted to the City for disVibution. 1.17.6 Draft EA/EIR The environmental subconsultant shall prepare an EA/EIR in conformance with the Caltrans document template dated March, 2004. Because a determination regarding the necessity of preparing an EIR pursuant to CEQA has already been made, preparation of an Initial Study will not be required. The EAIEIR shall satisfy the requirements of §§15080-15097 of CV/Simon Wong -Willow St Bridge Rehab Page 25 4-32 the CEQA guidelines and §1508.9 of the NEPA Guidelines. The environmental subconsultant shall prepare a Notice of Preparation in conformance with §15375 of the CEQA Guidelines. After review and approval by the City and Caltrans, the environmental subconsultant shall circulate the notice if so desired. The draft EAIEIR shall incorporate the findings of the technical studies described above, as well as the additional environmental issue analyses identified in the Constraints Report and required by the EAIEIR fonnat. Consultant shall prepare an administrative Draft EA/EIR for submittal tothe City and Caltrans for review. It is anticipated that three (3) rounds of document review by City and Caltrans staff will be required. An additional set of revisions will be incorporated subsequent to FHWA review. Each submittal shall include 15 sets of the draft document. The environmental subconsultant shall revise the Draft EA/EIR per comments received from FHWA and shall prepare four copies of the EAIEIR (and the supporting technical studies for Caltrans submittal to FHWA for signature and approval to circulate the document for public review. 1.17.7 Environmental Checklist The environmental subconsultant's staffshall prepare the FHWA NEPA checklist to accompany the transmittal of the draft NEPAICEQA document and the supporting technical studies for Vansmittal to the FHWA. 1.17.8 Public Review IS/EA The environmental subconsultant's staff shall prepare a draft public distribution list per input from the City, Caltrans, and FHWA. The EA/EIR shall be circulated for public review (up to 60 hard copies and ten CD ROM's) per the distribution list -once the list has been approved by the City, Caltrans, and FHWA. Consultant shall prepare and publish a Notice of Availability and Opportunity for public hearing. The draft Response to Comments shall be prepared for submittal to the City, and FHWA, via Caltrans. 1.17.9 Respond to Comments The environmental subconsultant's staff will coordinate the preparation of responses to comments received as a result of public distribution of the EA/EIR. The subconsultant shall prepare responses for its areas of responsibility, and shall coordinate with Consultant, other subconsultants, the City, and Caltrans to prepare responses for their respective areas of responsibility. A draft version of the complete responses shall be prepared for submittal to the City, Caltrans, and FHWA, via CalVans. Revisions shall be made subsequent to review by these entities. 1.17.10 Prepare Final EAlEIR CV/Simon Wong -Willow St Bridge Rehab Page 26 4-33 The environmental subconsultant will prepare a Draft EA/EIR, including revisions based on responses to comments received during the public review period, for submittal to the City, Caltrans, and FHWA (via Caltrans) for review. A Final EA/EIR shall be prepared for submittal to FHWA (via Caltrans) for review and approval. As part of the process for the Final EA/EIR, Consultant shall prepare response letters to agencies that submitted comments on the Draft EAIEIR, prepare and file a Notice of Determination (NOD), and, if desired by FHWA, prepare a Finding of No Sign cant Impact (FONSI) for the EA component of the Final EA/EIR. The environmental subconsultant shall provide 50 hard copies, a master photo ready copy and a CD ROM containing the approved EA/EIR to the City of Chula Vista. 1.17.11 Public Hearings The environmental subconsultant's Project Manager, as well as relevant technical staff, shall be available for up to three (3) public hearings or meetings. 1.17.12 Environmental Permits 1.17.12.1 ACOE Nationwide Permit (404) The environmental subconsultant shall prepare an ACOE Section 404 nationwide permit, if a 404 permit is required. The subconsultant shall prepare and submit the application package; containing an application fora 404 permit, cover letter, appropriate supporting documents, required graphics and pre-construction notification (PCN). 1.17.12.2 CDFG Streambed Alteration Agreement (1601) The environmental subconsultant shall prepare and submit a Section 1601 Streambed Alteration Agreement request to the CDFG for project impacts to areas under CDFG jurisdiction. The package shall contain an application for the 1601 permit, cover letter, and appropriate supporting documents. 1.17.12.3 RWOCB Water Quality Certification (401) The environmental subconsultant shall prepare and submit a 401 Water Quality Certification application to the RWOCB if a Section 404 ACOE permit is required. The package shall contain the application for 401 certification, cover letter and appropriate supporting documents. 2.0 Final Design (Task 8.A.2) Once Consultant has received approval of the type selection and environmental clearance, Consultant, can begin final design. This task includes the development of the construction ready plans, spechcations and estimate (PS&E). Spec cations and details shall be prepared in English units in a format compatible with AutoCAD 2000 or above. All plan view layout sheets shall be developed in accordance with City of Chula CV/Simon Wong -Willow St Bridge Rehab Page 27 4-34 Vista CADD standards. Detail sheets shall be completed in a uniform format consistent with industry standards. Consultant will provide submittals at the 65%,95%and100% levels. 2.1 Project Management and Administration This task includes project management and administration during the final design phase as noted above. 2.2 Project Meetings Up to six Team meetings with the City of Chula Vista are assumed during this phase. These will be held at the City's office approximately every month. The following table provides our assumption for meeting attendance: Meetin Firm Name g Description Simon Kimsey EDAW Tiena KTU+q Geocon Chang Won Hom Team Meetin #1 X X X X X X X Team Meetin #2 X X Team Meetin #3 X X 65% Design X X X Review 95% Design X X X X X X X Review 100% Design X X X Review Totals: 6 6 2 2 4 2 2 2.3 Final Foundation Report Prepare a report presenting Consultant's findings and Consultant's contusions and recommendations regarding the geotechnicel aspects of constructing the proposed bridge and widening. Recommended foundation design criteria including bottom of footing elevations and bearing capacities or pile tip elevations and lateral pile capacities shall be included. The report shall be prepared in accordance with Caltrans Guidelines for Foundation Investigation and Reports, version 1.2. A Log of Test Borings sheet in Caltrans format (but transferred to a City title block) shall also be provided. Furthermore, recommended grading specifications, temporary slope criteria, liquefaction evaluation, groundwater conditions, seismic design criteria, retaining wall design criteria, excavation characteristics including any necessary over excavation and re-compaction areas or embankment surcharges, R-values of subgrade material and the structural section of each road segment using the latest traffic index shall be included in the report. 2.4 Bridge Design and Detailing This task includes the design and detailing of the bridge based on Caltrans manuals and procedures. A replacement six spancast-in-placed prestressed concrete box girder bridge alternative as the baseline in estimating our design scope is assumed. The bridge is also assumed to include two stages with a closure pour near the center median. The design effort for other alternatives CV/Simon Wong -Willow St Bridge Rehab Page 28 4-35 may require a revision toConsultant scope and compensation. The design effort for a widening of the existing bridge to add standard shoulders, sidewalks and banier railing has not been specifically estimated; however, Consultant believes that the cost will be similar to the replacement alternative. Using Caltrans design rates as a guideline, a replacement bridge is roughly 2.2 times more efficient for design based on historical data for design cost vs. construction cost. Given a rough estimate of the bridge construction cost of about $3.4 million and $6.9 million for the rehabilitation and replacement alternatives, respectively, the rehabilitation altemative design cost would be within 10% of the replacement altemative. 2.4.1. Prepare the bridge design calculations based on CalVans Bridge Design Specifications LFD Version, Dated April 2000 (with revisions available on he Caltrans Publications web site). The design calculations and details shall also follow the guidelines in the curtent CalVans Bridge Design Aids, Bridge Memo to Designers and Bridge Design Details (versions available on he Calrans Publiptions web site). 2.4.2. Prepare seismic analysis and design in accordance with CalVans SDC version 1.3. 2.4.3. Prepare "unchecked" bridge plans. Bridge plans are assumed to inGude the following sheets: Sheet # Sheet Name 1 General Plan 2 Structure Plan No. 1 3 Structure Plan No. 2 4 Deck Contours 5 Foundation Plan 6 Sta e i Construction Plan 7 Sta e 2 Construction Plan 8 Brid a Removal Plan 9 Abutment 1 La out 10 Abutment 2 La ut 11 Abutmenf Details No. 1 12 Abutment Details No. 2 13 Bent Details No 1 14 Bent Details No 2 15 Bent Details No 3 16 T ical Section 17 Girder La out No. 1 18 Girder La out No. 2 19 Girder Details No 1 20 Girder Details No 2 21 Hin a Details No. 1 22 Hin Details No. 2 23 Miscellaneous Details 24 Joint Seal Details 25 barrier and Bailin Details 26 A roach Slab / Dreina a Details CV/Simon Wong -Willow St Bridge Rehab Page 29 4-36 27 L of Test Borin s No. 1 28 L of Test Bonn s No. 2 2.5 Bridge Removal and Phasing Plans Bridge removal and phasing plans will be included in the bridge design plan set. These sheets will indude details for the bridge removal sequence in coordination with the traffic staging plans . The plan is included with the sheet list in task 2.4 above. 2.6 Grading Plans Grading plans shall be developed for the area of bridge and roadway construction. These plans shall indude cross-sections of the creek consistent with the channel grading plans including maintenance roads and trails. They shall also show the specific details required to grade the approach roadway up to the bridge abutments and any transition work needed to tie-in with the general channel section. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Gradin Plan No 1 2 Gradin Plan No 2 3 Gradi Sections 4 Grddin Details 2.7 Roadway Improvements Roadway improvement plans shall include pavement sections, sidewalk / curb and gutter, driveway modifications and relocations, storm drains, utility locations, and other above ground appurtenances. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Plan and Profile No 1 2 Plan and Profile No 2 3 Plan and Profile No 3 4 Plan and Profile No 4 5 T ica/ Sections 6 Details 2.8 Traffic Control (Detour) Plans Traffic control plans shall indude staging of the project- assuming two lanes open at all times (except specific closures allowed by the project specifications). The anticipated sheet list is as follows: Sheet # Sheet Name 1 Traffic Control Details No. 1 2 Traffic Control Details No. 2 3 Traffic Contro! Details No. 3 4 Traf#c Control Details No. 4 5 Traffic Control Details No. 5 6 Tragic Control Details No. 6 CV/Simon Wong -Willow St Bridge Rehab Page 30 4-37 2.9 Signing and Striping The signing and striping plan sheets will be prepared. Consultant anticipates six sheets for this task. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Si nin and Stri in Details No. 1 2 Si nin and Stri in Details No. 2 3 'nin and Stri in Details No. 3 4 Si nin and Stn in Details No. 4 5 Si nin and Stn in Details No. 5 6 S' nin and Stri in Details No. 6 2.10 Utility Relocations Consultant may assume that the dry utility (overhead phone, overhead electrical and gas) relocation plans will be completed by the respective utility companies. Consultant shall reference these relocations in the improvement plans or on the bridge foundation plans and in the project specfications. Consultant shall prepare a letter to each potential utility company asking for the location of their facilities and will assist with the coordination of any relocation plans developed by the utility companies. Both Parties assume that no wet utilities (potable water, reGaimed water or sanitary sewer) are attached to the existing bridge. This scope of work does not include the addition of any of these systems to the bridge. Consultant shall coordinate with the County, SDGBE and the water districts to verity that there are no proposed utilities along the bridge. Notwithstanding the forgoing, Consultant shall include the mod'fiication or relocation of the existing storm drain system at the southern abutment and near the north approach. 2.11 Landscaping / Hardscaping and Irrigation Plans This task includes the preparation of planting, irrigation, erosion control and hardscape plans. A palette of native and/or low water use trees, shrubs, vines and groundcovers shall be selected based on design criteria established by the City and the environmental requirements of Sweetwater River. Plant materials shall be selected to minimize water use, reduce maintenance requirements, maintain sight clearances, enhance the community character, and meet the requirements and guidelines established by the governing agencies. Where maximum heights and/or sizes for plant materials must be conVolled fofsight clearances and other safety features, this shall be achieved through the natural growth pattern of the selected plants rather than a reliance on continual maintenance to control the plant size and height. Existing plant materials shall be preserved and protected, when feasible. A survey of existing trees and shrubs shall be prepared to include location, type, size and general health. This information shall be evaluated and incorporated into the final design as appropriate. Irrigation systems shall be designed to minimize overspray and runoff. Irrigation water and associated drainage shall be contained within the CV/Simon Wong -Willow St Bridge Rehab Page 31 4-38 planted areas to avoid slick roadway, crosswalk and sidewalk surfaces. 2.11.1. Visit the project site to identify site specific issues, photograph the site, and take a soil sample for horticultural analysis. Consultant shall also identify the general locations of plant materials, identify any special Vestments to meet mitigation requirements, and illustrate a sample of the proposed irrigation system. Plant materials shall be selected to meet specific functional, aesthetic, maintenance, drought tolerance, site and environmental conditions. Speck planting techniques shall be identified. Irrigation discussions shall include temporary vs. permanent systems, availability of reclaimed water, water application methods, water and electrical connections, and equipment. 2.11.2. Prepare final construction documents for the planting, irrigation erosion control and hardscape. The planting plans shall identify the species and location of all proposed plant materials. A plant material legend shall include the botanical and common names, quantities, container size and minimum height and spread of the plants at the time of installation. The irrigation plans shall identify the locations of the irrigation heads, main and lateral tines, valves, water meters, backflow preventers, controllers and other appurtenances to ensure 100% coverage of the irrigation system. The sprinkler schedule shall identify the types of head, diameter of throw, and required operating pressure. Consultant shall coordinate with the City of Chuta Vista for electrical connections for the irrigation controllers. Planting and irrigation detail sheets shall also be prepared. A preliminary sheet list includes the following: Sheet # Sheet Name 1 Site Plan No 1 2 Site Plan No 2 3 Site Plan No 3 4 Hardsca a Plan No. 1 5 Hardsca Plan No. 2 6 Hardsca Details 7 lrri anon Plan No. 1 8 Ini anon Plan No. 2 9 Irri ation Plan No. 3 10 Ini anon Details 11 Plantin Plan No. 1 12 Plantin Plan No. 2 13 Plantin Plan No. 3 14 Landsca Le end 15 Landsca Details 2.12 Erosion Control /Construction Phase BMP's ConsVUCtion phase erosion control BMP's shall be shown and detailed in accordance with the City's standard of practice. This work shall be coordinated with the City's NPDES specialist. A Storm Water Pollution CV/Simon Wong -Willow St Bridge Rehab Page 32 4-39 Prevention Plan (SWPPP) and post construction BMP's shall be included. The anticipated sheet list is as follows: Sheet # Sheet Name 1 SWPPP Details No 1 2 SWPPP Details No 2 3 SWPPP Details No 3 4 SWPPP Details No 4 2.13 Traffic Signal Modifications Traffic signal modification design plans shall be prepared for the two traffic signals along Willow Street including Sweetwater Road and Bonita Road. The anticipated sheet list is as follows: Sheet # Sheet Name 1 S' nal Details No 1 2 Si nal Details No 2 2.14 Street Lighting A street lighting plan will be prepared for W illow Street between Sweetwater Road and Bonita Road. Consultant anticipates one sheet for the lighting location and one sheet of details. The anticipated sheet list is as follows: Sheet # Sheet Name 1 Li htin Details No 1 2 Li htin Details No 2 2.15 Legal Description, Right-of-Way Plats, Easement Documents There will not be any legal descriptions or right-of-way plats required for this project. 2.16 QA/QC (65%, 95% and 100%) An in-house QA/QC review shall be performed by Consultant's Project Manager and/or the Principal-in-Change for each design submittal, including subconsultants' work, to assure ahigh-quality and complete design package. Consultant will also pertonn a detailed plan review and independent design check of the bridge design as noted in Task 2.20. 2.17 Specifications Special provisions for the project shall be prepared for the 95% and 100% submittal levels. Special provisions covering the bridge related improvements shall follow the 2002 version of the Caltrans Standard Specifications and standard special provisions (dual units). 2.18 65% PS&E Submittal The 65% Design Submittal shall include all bridge plans, fully completed but CV/Simon Wong -Willow St Bridge Rehab Page 33 4-40 "unchecked", civil plans and landscape plans developed to a 65% design level. It shall also include an updated engineer's estimate. The submittal shall be made to the City and (if desired) to the County of San Diego, Caltrans District and Structures Local Assistance. Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.19 Review and Respond to Comments Consultant's team shall review and respond, in writing, to all comments received from the City Chula Vista, Caltrans and the County of San Diego. Consultant shall also review and respond, in writing, to comments received from the effected utility companies. 2.20 Bridge Independent Check A complete independent check shall be done on the bridge design and details and by an engineer who was not involved with the initial design. This "checker" shall provide astand-alone set of calculations that are based on the 65% design details and a complete red-line, yellow mark set of reviewed plans. The "checker" comments shall be resolved with the designer and revisions incorporated in the 95% submittal. 2.21 Quantities, Estimate and Bid Item List Quantities shall be calculated and independently checked for each major item of work in accordance with the procedures in Section 11 ofthe Caltrans Bridge Design Aids. Items typically bid on slump-sum basis (landscaping, irrigation, bridge removal and prestressing) shall be quantified by individual component. Once the quantities have been resolved, a unit price shall be applied based on the current Caltrans Cost Data, local and site specific conditions and engineering judgment. The resulting estimate shall be factored up to include mobilization, contingency and inflation factors (as appropriate). A bid item list shall be provided for the City's use in the bid documents. 2.22 95% PS&E Submittal The 95°k PS&E submittal shall incude all plan sheets in a completed format, special provisions and the engineer's estimate. Consultant shall also provide hydraulic calculations, scour calculations, bridge design calculations and independent check calculations. The submittal shall be made to the City and (if desired) to the County of San Diego and Caltrans (District and SWctures Local Assistance). Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. 2.23 Review and Respond to Comments Consultant's team shall review and respond, in writing, to all comments received from the City Chula Vista, Caltrans and the County of San Diego. Consultant shall also review and respond, in writing, to comments received from the effected utility companies. 2.24 100% PS&E Submittal The 100% PS&E submittal shall include bid ready plans, spec'fiications and engineer's estimate based on comments received from the 95% submittal. CVlSimon Wong -Willow St Bridge Rehab Page 34 4-41 Consultant shalt also provide a resident engineer's pending file with copies of the quantity summary sheets, bridge 4-scale plots and other data to be Vansfen-ed from design to construction. The submittal shall be made to the City and (if desired) to the County of San Diego, Caltrans District and Structures Local Assistance. Consultant may assume distribution of up to 10 full-size plans and 10 half-size plans on bond. Upon approval of the 100% submittal, final deliverable shall include a CD with the project design file(s) along with one set ofwet signed and stamped 24" X 36" mylars. 3.0 Bidding and Construction Support (Task 8.A.3) If requested by City, Consultant shall provide consWction support services that include monthly meetings, bid support, survey datum control, construction observation of critical phases of work and as-built plan detailing. Consultant's scope and fee estimate for these services shall be re-evaluated upon the completion of the project final design. B. Date for Commencement of Consultant Services: ()Same as Effective Date of Agreement (X) Other: Preliminary Engineering and NEPA/CEQA Environmental Documentation Same as Effective Date of Agreement. Final Design and Construction Support as authorized by the Director of General Services or his appointee C. Dates or Time Limits for Delivery of Deliverables: Milestone Duration orlon Da s 1.Prelimina En ineerin 175 from Notice to Proceed NTP 2. Environmental A royal 636 from NTP 3. 65% PS&E 120 from 2 4. 95% PS&E 60 from 3 5. 100% PSBE 40 from 4 D. Date for completion of all Consultant services: No more than three years from the initial notice to proceed or completion of all tasks to the satisfaction of the City. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). CV/Simon Wong -Willow St Bridge Rehab Page 35 4-42 (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: NONE 11. Compensation: A. ()Single Fixed Fee Arrangement. 8. ()Phased Fixed Fee Arrangement. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform each Task set forth in the Defined Services herein required of Consultant for the following amounts Task 8.A.1 - $613,894.00 Task 8.A.2 - $484,620.00 Task S.A.3 - $83,377.00 These amounts include all Materials, and other "reimbursables" ("Maximum Compensation"). Said additional work shall not be performed until authorized by the Director of General Services or appointee in writing. Rate Schedule (Consultant and subconsultant hourly rates set forth in Exhibit B) 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth in Exhibit 6, "Willow Street ODC Assumptions" For Travel and Subsistence, costs shall be reimbursed at the rates specified by the Department of Personnel Administration. CV/Simon Wong -Willow St Bridge Rehab Page 36 4-43 13. Contract Administrators: City: Roberto Yano P.E. Consultant: Mark Creveling P.E. 9968 Hibert Street, Suite 202 San Diego, CA 92131 Voice Phone (858) 566-3113 Fax Phone (858) 566-6844 14. Liquidated Damages Rate: N/A ( ) $ per day. ( )Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. Q FPPC Filer Q Category No. 1. Investments and sources of income. Q Category No. 2. Interests in real property. () Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No. 4. Investments in business entities and sources of income which engage in land development, construction orthe acquisition or sale of real property. Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No. 7. Business positions. ( )list "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: CV/Simon Wong -Willow St Bridge Rehab Page 37 4-44 16. ()Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Kimley Horn 8 Associates Edaw, Inc. Tierra Environmental Services Chang Consultants KTU+A Geocon, Inc. Paragraphs 1.C-G, 6, 7, 10, 12-15, and 17 of this Agreement shall be incorporated into all subconsultant agreements with a compensation amount over $25,000. Consultant shall also give consideration to DBE firms as specified in 23 CFR 172.5(e) and Appendix A to Part 26 of 49 CFR, in Exhibit .101 of the State's Local Assistance Procedures Manual. Evidence must be presented of "good faith" effort, wheri applicable. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( )Quarterly ( ) Other:_ B. Day of the Period for submission of Consultant's Billing ( )First of the Month ( ) 15th Day of each Month ( )End of the Month ( )Other: C. City's Account Numbers: Task 8.A.1 - $613,894. (Grant/Diftrans) Task 8.A.2 - $484,620. (Grant/Diftrans) Task S.A.3 - $83,377. (Grant/Diftrans) 18. Security for Perfonnance ( ) Pertonnance Bond, $ ( )Letter of Credit, $ ( )Other Security: Type: Amount: $ ( )Retention. If this space is checked, then notwithstanding other provisions to the conVary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their CV/Simon Wong -Willow St Bridge Rehab Page 38 4-45 option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( )Retention Amount: $ Retention Release Event: (X) Completion of each individual Task. ( )Other: CV/Simon Wong -Willow St Bridge Rehab Page 39 4-46 Exhibit B to Agreement between City of Chula Vista and Simon Wong Engineering, Inc CV/Simon Wong -Willow St Bridge Rehab Page 40 4-47 City M Chute Visb N51bw Stmt B,iEgo owr are awaelweler River Simon Wong Engineering Amount Percentage Fee Subtotal $172,833 ODC's $6,000 Total Fee $178,833 29°6 Kimley-Hom and Associates Amount Percentage Fee Subtotal $79,800 ODC's $20,900 Total Fae $100,700 16% EDAW Amount Percentage Fee Subtotal $155,701 ODC's $7,350 Total Fee 5163,051 27 Geocon Inc. Amount Percentage Fee Subtotal $15,360 ODC's 540,000 Total Fee 555,360 9% KTU+A Amount Percentages Fee Subtotal 532,708 ODC's Total Fee 532 708 5% Chang Consultants Amount Percentage Fee Subtotal $33,852 ODC's Total Fee 533,852 6%. Tierra Environmental Amount Percentage Fee Subtotal $47,880 ODC's 51,510 Total Fee 549 390 8% Team Totals Amount Fee Subtotal $538,134 ODC's $75,760 Total Fee 5673,894 Notes; 1. The fees shown above are based on 2005 hourty rates. 4-48 coy m mule visa VNYaw aVeet Bridge over the aweelwalar Rrver June 9. 2005 Simon Wong Engineering Amount Percentage Fee Subtotal $255,378 ODC's $9,000 Total Fee $284,378 60X Kimley-Horn and Associates Amount Percentage Fee Subtotal §127,775 ODC's $5,700 Total Fee $133,475 30X EDAW Amount Percentage Fee Subtotal ODC's Total Fee Geocan Ina. Amount Peruntage Fee Subtotal $8,948 ODC's Total Fee $8,948 2% KTU+A Amount Percentage Fee Subtotal $33,000 ODC's Total Fee $33,000 7% Chang Consultants Amount Percenhge Fee Subtotal §936 ODC's Total Fee $936 0% Tiam Environmental Amount Percentage Fee Subtotal ODC's Total Fee Team Totals Amount Fee Subtotal §428.038 ODC's $14,700 Sub Total $440,738 Rate Adjustment (10.3%) E43,882 Total Fee §464,620 Notes: t. The a ve are EaeeA on 2005 hourly retea. Pdiwtmenl for 2009 assuming a 10.7% hooey rate aeiwMml far coat of living (5%br 2 yee~ 4-49 City a Chula Viso NFllow Saeal Bntlge over the Svrcalwrr ftivr Simon Wong Englnwring Amount Percentage Fee Subtotal $57,321 ODC's E77,000 Total Fw 574,321 100X Kimley-Hom and Associates Amount Percentage Fee Subtotal ODC's Total Fw EDAW Amount Percentage Fee Subtotal ODC's Total Fea Geocon Inc. Amount Percentage Fee Subtotal ODC's Total Fw KTU+q Amount Percentage Fee Subtotal ODC's Total Fw Chang Consultants Amount Pereenhge Fee Subtotal ODC's Total Fw Tierra Envlronmsnfal Amount Percentage Fee Subtotal ODC's Total Fw Team Totals Amount Fee Subtotal 857,321 ODC's 577,000 Sub Total §74,321 Rata Adjustment (15.8 %) §9,057 Total Fw §83,377 Notes: ihF(eea shown above ere Dosed an 3005 hearty ralea. Atljuslmenl fr 20be mnsirudion made aawmirp an average 15.e% hoary rate atljuslment for mat a1 Xving (5% tar 3 yaen). 4-50 3 3 i F s 3 E~ ~- ~1 O ~ F ~ P 4-51 F c a 3 4-52 Willow Street ODC Assumptions Juno 9, 2005 Prelimina Desi n Phase Final Desl n Phase Conatructlon Phase Mileage . Mileage Mileage 90 mi !meeting 90 mi !meeting 90 mi I meeting 20 meetings 20 meetings 12 meetings $0.34 / mi $612.00 $0.34 / mi $612.00 $0.34 / mi $612.00 Graphics Calculations Meeting Documents 6 112 x 11 Q 0.10/ea 8 1/2 x 11 Q 0.10/ea 8 1/2 x 11 Q 0.10/ea 4 reports 4 sets 5 sets 120 p each 300 p each 30 p each 3 submittals $144.00 3 submittals $360.00 12 submittals $180.00 11x17 @0.30lea 11x17 00.30/ea 11x17 (a~0.30/ea 4 reports 4 sets 5 sets 20 p each 20 p each 60 p each 3 submittals $72.00 3 submittals $72.00 6 submittals $540.00 8 1/2 x 11 color @0.50/ea 8 1/2 x 11 color Q0.50/ea 8 1/2 x 11 color Q0.50/ea 4 reports 4 sets 5 sets 20 p each 20 p each 5 p each 3 submittals 8120.00 3 submittals $120.00 6 submittals $75.00 Plans Plans Construction Plans Half Size Plans @0.30/ea Halt Size Plans 00.30/ea Half Size Plans Q0.30/ea 3 alternatives 20 sets 10 sets 20 sheets 60 sheets 60 sheets 2 submittals / 10 sources $360.00 4 submittals $1,440.00 4 submittals $720.00 Full Size @ $1.5/sheet Full Size Q $1.5/sheet Full Size Q $1.5/sheet 3 alternatives 15 sets 5 sets 20 sheets 60 sheets 80 sheets 2 submittals / 15 sources $2,700.00 3 submittals $5,400.00 4 submittals $2,400.00 Deliveries Deliveries Support Services Local Local 20 Q s25/ea 8500.00 20 Q $25/ea $500.00 Survey $3,000.00 Civil $4,000.00 FedEx FedEx Geotechnical $3,000.00 10 @ $30/ea $300.00 10 Q $30/ea $300.00 Landscape 83,000.00 Presentation Boards Presentation Boards Color Plots @5/ea Color Plots Q5/ea tota110 $50.00 tota110 $50.00 Mounting Q10/ea $100.00 Mounting @10/ea $100.00 Delivery $100.00 Delivery 5700.00 Total = $5,058.00 Sub Total = $9,054.00 Sub Total = $17,527.00 For Prelimina Desi n ODC Sa = f 6,000.00 Final Desi n ODC Sa = f 9,000.00 For ConsVUdion ODC Sa = f 17,000.00 Notes: 1. Printing and reproduction at actual cost for 200 copies or greater. 4-53 RESOLUTION NO.2005-210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SIMON WONG ENGINEERING INC., TO PROVIDE CONSULTING SERVICES FOR THE REHABILITATION OR REPLACEMENT OF THE WILLOW STREET BRIDGE OVER SWEETWATER RIVER FOR THE CITY OF CHULA VISTA; APPROPRIATING FUNDS NECESSARY TO COMPLETE THE DESIGN PHASE OF THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY WHEREAS, the Willow Street Bridge is a two lane bridge constructed in 1940 that traverses the Sweetwater River in the City of Chula Vista; and WHEREAS, the proposed project consists of the rehabilitation or replacement of the Willow Street Bridge; and WHEREAS, the bridge is currently eligible for rehabilitation funding through the State of California's Highway Bridge Replacement and Rehabilitation Program (HBRRP) and has been classified as functionally obsolete; and WHEREAS, while the HBRRP funding is programmed for bridge rehabilitation, replacement alternatives must be evaluated to assure the best use of public funds; and WHEREAS, in addition, the current and future traffic demands may support additional traffic lanes for a bridge widening or replacement project; and WHEREAS, the City of Chula Vista's General Plan indicates that Willow Street will uliimately be a 4-lane major arterial; and WHEREAS, the City, in accordance with the California Department of Transportation's Local Assistance Procedures Manual, released a Request for Qualifications (RFQ) in February 2004; and WHEREAS, the City reviewed and evaluated Statements of Qualifications (SOQ) from ten consultants and established a short list of the top five candidates to paRicipate in the interview selection process; and WHEREAS, the City Manager approved the formation of a consultant selection committee (committee) that included representation from the California Department of Transportation to interview the top five candidates; and WHEREAS, the committee ultimately selected Simon Wong & Associates; and 4-54 Resolution No. 2005-210 Page 2 WHEREAS, the attached agreement allows Simon Wong & Associates, a qualified consultant, to evaluate design alternatives and to provide environmental analysis and review, preliminary engineering design, final design, and construction support; 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 subject agreement 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 agreement is not subject to CEQA. Thus, no environmental review is necessary. However, based on the sensitive project location (Sweetwater River) and potential significant project impacts, the Environmental Review Coordinator has determined that an Environmental Impact Report (EIR) prepazed under State CEQA guidelines will be required. Consequently, since the project is receiving federal funding, it is necessary that an Environmental Assessment be prepared in accordance with the Nationa] Environmental Policy Act (NEPA); and WHEREAS, a total of $1,463,514 will be appropriated from Fund 736 (Org Key 73612), which has been established to fund projects containing federal grant funds to existing Willow Street Bridge Capital Improvement Project, STL261. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement, between Simon Wong & Associates and the City of Chula Vista to provide professional engineering services related to the rehabilitation or replacement of the Willow Street Bridge and approve the appropriation of $1,463,514 from Fund 736 to existing Willow Street Bridge Capital Improvement Project, STL261. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for and on behalf of the City of Chula Vista. Presented by ack Gn m e es Director Approved as to form by ~/ Ann Moore City Attorney 4-55 Resolution No. 2005-210 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of June, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, and Rindone NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Stephen C. Padilla, Mayor ATTEST: ~. , .~Sl ~ Susan Bigelow, MMC, City erk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2005-210 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 21st day of June, 2005. Executed this 21st day of June, 2005. ~~~l~a~ Susan Bigelow, MMC, City Cle 4-56 RESOLUTION N0.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGINEERING INC., FOR THE WILLOW STREET BRIDGE PROJECT WHEREAS, on June 21, 2005, by Resolution 2005-210, the City Council approved an agreement with Simon Wong Engineering Inc. in the amount of $1,181,891 for environmental and engineering services required for the rehabilitation or replacement of Willow Street Bridge; and WHEREAS, in accordance with required Caltrans procedures, an analysis was conducted to determine the feasibility of a bridge replacement versus a bridge rehabilitation; and WHEREAS, the analysis determined that a bridge replacement was the preferred strategy and rehabilitation would not be cost effective; and WHEREAS, additional environmental and engineering services are required in order to complete design for the new bridge; and WHEREAS, the Simon Wong Engineering's team have been responsive to City issues and project needs, and staff is satisfied with Simon Wong's performance NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the consultant selection process and approve an amendment to the existing agreement between the City of Chula Vista and Simon Wong Engineering Inc., for the Willow Street Bridge Project. Presented by Richard A. Hopkins Director of Public Works H9ENGINEERVtESOSViema2009W IQ]A9lSimon Wong egm amendm<m rem.doc 4-57 City Attorney 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 COUNCIF, Bart C. Miesfeld City Attorney Dated: ~ 7L~ First Amendment to the Agreement Between The City of Chula Vista and Simon Wong Engineering, Inc. for Engineering and Project Management Services for the Willow Street Bridge Rehabilitation Project 4-58 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SIMON WONG ENGINEERING, INC. FOR ENGINEERING AND PROJECT MANAGEMENT SERVICES FOR THE WILLOW STREET BRIDGE REHABILITATION PROJECT RECITALS WHEREAS, the City and Simon Wong Engineering Inc. (consultant) entered into an agreement dated June 21, 2005, for providing project management, project administration, preliminary engineering, final engineering and construction support services, as well as create NEPA/CEO.4 environmental documentation. WHEREAS, Consultant has proposed additional work that will accomplish the City's objective of replacing the Willow Street Bridge; and WHEREAS, the City wishes to change the scope of work to reflect the additional work under the agreement with the terms and conditions of this Agreement; follows: NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as 1. Modify Exhibit A, Section 8, Scope of Work and Schedule, subsection A. Detailed Scope of Work and Section 11 Compensation as fcllows: 1.0 Preliminary Engineering (Task S.A.1)-Additional Scope Additional preliminary design phase of the project includes the development of the project design up to the 30% design level. Inducted in this phase are the Project Report, environmental documentation, visual study, geotechnicel investigation, hydraulic studies, bridge type selection and 30% design details. The project shall be developed in english units and shall be in compliance with Cattrans design criteria, memos and spedficafions. 1.18 Project Report Support This phase of the project will focus on developing the most appropriate replacement strategy and obtaining a consensus for project development. This phase will develop a 3-lane baseline and ultimate 4 lane attematives. Plans shall indude a bddge general plan and a roadway plan and profile sheet. These may indude: • Replace with a 3-lane bddge, 8' shoulders and 5' sidewalk, Width = 60'. • Open alternative -Develop and study one additional replacement altemafive that includes a variation on alignment and lane configuration. Potential evaluation criteria will likely indude: • Hydraulic Performance • Deck Geometry (Width) Traffic Capadty (ADT) • Rightof--Way Impacts • Potential Environmental Issues Preliminary cost estimates shall be developed using curtent unit cost data and a general plan level quantity take-off. Details shall indude a bridge general plan and a roadway plan and profile sheet for each alternative. 4-59 1.181 HECIRAs Analysis (Hydraulic Study) A HEC/RAS analysis shall be performed forthe additional above attematives. The results of this analysis shall provide water surface elevations at the bridge and upstream forthe 2, 50 and 100-year events along with the corresponding flow volume and velocities. The hydraulic analysis shall also be completed for any storm drain facilities affected by the projed. 1.182 Preliminary Geotechnipl Study A Foundation Report (PFR) shall be prepared in conjundion with the Hydraulic Study. The PFR will present general geology and subsurface conditions, seismic evaluation, liquefaction, scour, corrosion, preliminary foundation recommendations 1.183 Bddge Type Selection (Formal) This task includes the development of the preferred bridge alternative forthe site. A bridge type selection report shall be developed to formalize the bddge type, materials, span arrangement, constraints, foundations, aesthesis and construction methods. This document shall be prepared in accordance with Caltrans Memo to Designers 1-29. 1.184 Traffic Study Traffic analysis shall be completed for the intersection at Bonita Road, the intersection at Sweetwater Road and on Willow SVeel. The analysis shall include studies for both the current traffic volume and the 2030 projections. • Bicycle and Equestrian Traffic An analysis shall be completed for the bicycle and equestrian options within the bddge scope. A Traffic Study shall be processed and approved through the City of Chula Vista. The following are assumed for this task: • Twc (2) submittals to the City of Chula Vista 1.185 Visual Impad Assessment The environmental consultant's staff shall prepare a Visual Impact Assessment (VIA) that evaluates off sight landscaping, concept plans and graphics for focused community workshops. 2.0 Final Design (task 8.A.2)- Replace 2.4.1 Prepare the bddge design calculations LFRD Version, implemented October 2006. The design calculations and details shall also follow the guidelines in the current Caflrens Bridge Design Aids, Bddge Memo to Designers and Bddge Design Details 4-60 3.0 Bidding and Construction Support (Task S.A.3)-Addkional Scope If requested by City, Consultant shall provide construction support services that include monthly meetings, bid support, survey datum control, construction observation of critical phases of work and as-built plan detailing. Consultant's scope and fee estimate farthese services shall be re-evaluated upon the completion afthe project final design. 11. Amendment Compensation: A. ()Single Fixed Fee Arrangement. B. ()Phased Fixed Fee Arrangement. C. (X) Houdy Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Nat-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 each Task set forth in the Defined Services herein required of Consultant for the following amounts not to exceed a total amount: Original Acreement Task B.A.1 - $613,894.00 Task 8.A.2 - $484,620.00 Task 8.A.3 - $83.377.00 Amendment Acreement Task S.A.1 - $434,816.00 Task 8.A.2 - $301,107.00 Task S.A.3 - $21.338.00 Sub Total Task B.A.1-$1,048,710.00 Task 8.A.2 - $785,727.00 Task 8.A.3 - $104.715.00 $1,181,891.00 $757,261.00 $1,939,152.00 These amounts include all Materials, and other "reimbursables" ("Maximum Compensation"). Said additional work shall not be performed until authorized by the Director of Engineedng or appointee in writing. 13. ConVact Administrator: City: Jose Luis Gomez P.E., P.L.S. Department of Public Works -Engineering 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Mark Creveling, P.E. 9968 HibeR Street, Suite 202 San Diego, CA 92131 Voice Phone (858) 566-3113 Fax Phone (858) 566-6844 4-61 SIGNATURE PAGE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHUTA VISTA AND SIMON WONG ENGINEERING, INC. ENGINEERING AND PROJECT MANAGEMENT SERVICES FOR THE WILLOW STREET BRIDGE REHABILITATION PROJECT IN W ITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista by: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Bart C. Miesfeld, City Attorney Dated: Simon Wong En ineering, fnc ~~ By: - rk Crevelin E. 4-62 CITY COUNCIL AGENDA STATEMENT „~;;~ c1TV of ~ CHULA VISTA I/27/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF; $18,853.30 FROM THE AVAILABLE FUND BALANCE TO I BURSE HERMES ZUAZO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~ DEPUTY CITY MANAGER/DEVE O ENT SERVICES DIRECTOR REVIEWED BY: ASSISTANT CITY M NAGER S~ CITY MANAGE 4/STHS VOTE: YES ® NO ^ SUMMARY Hermes Zuazo has paid fees to satisfy certain permit fees for Building Permit Number BR06-0007, associated with his property located at 142 Third Avenue. Mr. Zuazo is now requesting a refund of said fees. 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 (b)(4) 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. DISCUSSION On January 17, 2006 and September 4, 2007, Mr. Zuazo paid permit fees for Building Permit Number BR06-0007, associated with his property located at 142 Third Avenue. Permit fees are paid prior to issuance of the Final building permit and prior to the construction of the project. On December 8, 2008 staff received, from Mr. Zuazo, a written request (Attachment 1) for a refund of permit fees for his aforementioned project. The property is now in foreclosure, and due to financial hardship. The following fees will be refunded: 5-1 1/27/09 Item S Page 2 of 2 • NPDES Fee ($160.00) Traffic Signal Fee ($387.80) • DIF Civic Center ($4,146.00) DIF Police Facility ($3,162.00) • DIF Library ($2,516.00) DIF Fire Suppression ($1,592.00) • Sewer Capacity Fee ($4,347.50) • DIF Corp Yard ($632.00) • DIF Recreation ($1,910.00) If, at any time a permit is reapplied £or, in regards to this project, all current applicable permit fees (including applicable fee increases) must be paid for by the owner. In addition to his permit fees, Mr. Zuazo requested a refund of his driveway permit bond in the amount of $1,500.00. This bond was refunded to Mr. Zuazo on December 18, 2008 and no further action is needed on this particular request. This resolution will amend the Fiscal Year 2008/2009 fund budgets and appropriate a total of $18,853.30 from the available fund balances to process the refund to Mr. Zuazo for certain permit fees associated with Building Permit Number BR06-0007: The appropriations that are needed are to the following fund balances: ~ 30120 ~ 1• ~ i NPDES Fee ~ $160.00 22500 Traffic Si al Fee $387.80 41300 Sewer Ca aci Fee $4,347.50 57200 DIF Civic Center $4,146.00 57300 DIF Police Facili $3,162.00 57400 DIF Co Yard $632.00 I 57500 DIF Libra $2,516.00 ' 57600 DIF Fire Su ression $1,592.00 58200 DIF Recreation $1,910.00 Total $18,853.30 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The refund of these permit fees will have no impact to the General Fund as this is a reimbursement and sufficient monies are available in the associated fund balances with the exception of those related to the Public Facilities DIF (Account #57200 thru 58200). The deficit related to the Public Facilities DIF, was addressed through an interfund transfer/loan from the TDIF Fund, which City Council approved on December 16, 2008. ATTACHMENTS 1. Letter requesting refund from Hermes Zuazo Prepared by: Tessa Quicho, Administrative Analyst LI, Engineering Department M:IErtgineerlAGENDAICAS?00910!-J-091Hermes Zurtzo Approprintion Reguete.Aoc 5-2 ATTACHMENT p ~ 20fl~ ~~'~.c~ . ' ~$~ ~~ „~*. /~ =~ ~ ~ . ~~f ~1ag ~ ~~~~5 Z ~~i~o . ~ !~ ~ t.~ ~~ ~~~ ~~ ~f ~ J t7~ ~ . ~ ~~ . ~ L Plug ~t~~~.. ~ ~ ~ ~ ~ ~ E ~~~ u~~~~~ ~~~1 ]~. ~ !~ ~ ~'C~ 7'~~ ~ ~~ ~ ~ ~h}~'' ~ Q ;~~ P3 ;rte 1 ~, ~ (,~ ~~ ~ 71 ~ h~~ s _ i i ~• M . i .~~ ~.~.. ~ ~ ~ t- S ~~~ ~'~ 7t ~~~ '~' ~ ~ ~,~ ~'~,~ ~ fad ~ ~O~ ~ ~'~ ~~ ~~~ ~`~ ~ ~r~ ~~ ~ ~ ~~~~ ~~~ ~~~~ 5--3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $18,853.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE HERMESZUAZO WHEREAS, on January 17, 2006 and September 4, 2007, Hermes Zuazo paid $18,853.30 to the City for permit fees for Building Permit BR06-0007, in association with his project located at 142 Third Avenue; and WHEREAS, the final building permits were not pulled by Mr. Zuazo due to financial reasons; and, WHEREAS, on December 8, 2008, Mr. Zuazo requested a refund of the permit fees paid in the amount of $18,853.30; and, WHEREAS, staff has determined those permit fees eligible for refund were limited to the following: • NPDES Fee ($160.00) Traffic Signal Fee ($387.80) Sewer Capacity Fee ($4,347.50) • DIF Civic Center ($4,146.00) DIF Police Facility ($3,162.00) DIF Corp Yard ($632.00) • DIF Library ($2,516.00) DIF Fire Suppression ($1,592.00) DIF Recreation ($1,910.00) WHEREAS, in order to reimburse Mr. Zuazo, appropriations to the following funds are required: i 30120 ~ 1 NPDES Fee ~ $160.00 22500 Traffic Si nal Fee $387.80 41300 Sewer Ca aci Fee $4,347.50 57200 DIF Civic Center $4,146.00 57300 DIF Police Facili $3,162.00 57400 DIF Co Yard $632.00 57500 DIF Libra $2,516.00 57600 DIF Fire Su ression $1,592.00 58200 DIF Recreation $1,910.00 Tota[ 518,853.30 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2008/2009 budget and appropriate a total of $18,853.30 from the available fund balance to reimburse Hermes Zuazo. Presented by Richard A. Hopkins Director of Public Works Approved as to form by n ~ 1 ,~...~ ~ / } ~ Bart Miesf8ld ' -~~ c,~ty Attorney `~ 5-4 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF CHUTA VISTA JANUARY 27, 2009 Item~_ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT AND RESTATEMENT OF THE JANUARY 21, 2003 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIl2LS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66.255 OF THE CHULA VISTA MUNICPAL CODE TO ALLOW BMX BICYCLE USAGE AT THE LEN M9QRE SKATE PARK SUBMITTED BY: DIRECTOR OF RECREATIONI; DIltECTOR OF P WORKS REVIEWED BY: CITY MANAGE ASSISTANT CITY AGER S~ DEPUTY CITY MANAGERS"~' 4/STHS VOTE: YES ~ NO ~X SUMMARY The Len Moore Skate Park ("Skate Pazk"), located within the Greg Rogers Pazk, is operated under an existing Lease and Operating Agreement with the Boys & Girls Club of Chula Vista ("B&G Club"). Since beginning operations in 2003 the use of Bicycle Motocross ("BMX") bicycles at the facility has been prohibited by City of Chula Vista Municipal Code Chapter 2.66. In the time since opening of the Skate Pazk, interest and demand for BMX bicycle access has increased. Experience elsewhere in California and across the United States has shown that the originally feared negative consequences of BMX bicycle use were without foundation. Staffs research indicates that there has not been any significant increase in physical damage to facilities or personal injury occurring in controlled pazks where BMX bicycle use is permitted. These recommended amendments would allow BMX bicycle use at the Skate Park specifically. The ban would remain in force at all other City facilities. 6-1 JANUARY 27, 2008 Item Page 2 of 3 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act ("CEQA") and has determined that the activity is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, (the "State CEQA Guidelines") Section 15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists of the normal operations of existing facilities for public gatherings for which the facilities were designed and there is a past history of the facility being used for the same or similar kind of purpose. Therefore, pursuant to Section 15300 et seq. of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION That the City Council adopt a) the Resolution approving an Amendment and Restatement of the existing Lease and Operating Agreement with the Boys and Girls Club of Chula Vista and b) the Ordinance approving an Amendment to Chula Vista Municipal Code Section 2.66.255 allowing bicycle use at the Len Moore Skate Park. BOARDS/COMMISSIONS RECOMMENDATION The Pazks and Recreation Commission heazd this item at their January 15, 2009 meeting and recommends that the City Council adopts the subject Resolution and Ordinance. DISCUSSION BMX bicycle use was originally prohibited at Len Moore Skate Park due to concern that the use would cause damage to the facility causing increased maintenance costs and that there could also be a potential increase in liability exposure. Since 2003 a number of cities in San Diego County have allowed use of BMX bicycles in their skate parks of similar construction to the Len Moore Skate Pazk without incurring damage to the facilities. It should also be noted that there has not been an increase in personal injury. City staff from Recreation and Public Works Departments inspected facilities at the City of Escondido and the City of Santee and found no damage or reported injuries attributable to BMX bicycle use. In addition, several other cities in the State of Califomia were contacted with regazds to BMX bicycle usage, and they confirmed that there were no adverse outcomes of BMX use occurring at their facilities. The potential damage to the concrete surfaces of the facility has been mitigated by changes in materials used for the `pegs' which protrude from the BMX bicycles and from after-mazket covers for pegs. In addition, conflict between skaters and BMX cyclists will not occur due to segregation of users by time of use or area of use. The insurance requirement for B&G Club has been modified downwazd to reflect mazket realities and the absence of any liability claim for injury since the skate park opened. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no such holdings within 500' of the property which is the subject of this action. FISCAL IMPACT No impact to the General Fund. 6-2 JANUARY 27, 2008 Item~~ Page 3 of 3 ATTACHMENTS Attachment A - Amended and Restated Lease and Operating Agreement between the City of Chula Vista and Boys and Girls Club of Chula Vista Prepared by: Ed Hall, Assistant Director, Recreation and Nature Center 6-3 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: ~- Z ~ - ~~ Amendment and Restatement of Agreement Between The City of Chula Vista and Boys and Girls Clubs of Chula Vista for the Lease and Operation of a Skate Park in Greg Rogers Park 6-4 AMENDMENT AND RESTATEMENT OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK IN GREG ROGERS PARK THIS AMENDMENT AND RESTATEMENT of the LEASE AND OPERATING AGREEMENT (hereinafter "Agreement") dated for convenience this of 200_, is entered into between the CITY of Chula Vista, a political subdivision of the State of California ("CITY") and the Boys and Girls Club of Chula Vista ("CLUB") , a California non- profitpublic benefit corporation. KECTfALS WHEREAS, CITY recognizes a need for a safe and secure skateboard park ("Skate Park")venue within CITY; and WHEREAS, The Board of Directors of the Boys and Girls Club of Chula Vista has supported the Skate Park concept as a unique recreation experience and has agreed to provide leased property for its development; and WHEREAS, CITY and CLUB agree to expand the Oleander facilities for the purpose of providing wholesome recreational activities and continue to support "The Positive Place-for Kids"; and WHEREAS, CITY has expressed a willingness to construct a Skate Park on the condition that the CLUB agrees to operate and maintain it; and WHEREAS, the City of Chula Vista ("CITY") and the Boys and Girls Club of Chula Vista ("CLUB") entered into a lease dated November 8,1977, pursuant to City Council Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Lease'); and WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CTI'Y property in Greg Rogers Park ("Original Amended Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated January 21, 2003 to modify said Original Amended Lease by removing from the definition of premises in the Original Amended Lease the property that will be occupied by a planned skate park; and WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a skate park in Greg Rogers Park (the "Lease and Operating Agreement"); and Page 1 of 11 6-5 WHEREAS, the skate park was completed and opened in 2003 and named the Len Moore Skate Pazk; and WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit new uses of the Len Moore Skate Park by allowing the use of BMX bicycles. NOW, THEREFORE pursuant to the above Recitals which aze incorporated herein and subject to the mutual covenants contained herein and for valuable consideration, receipt of which is hereby acknowledged, CTTY and CLUB do hereby mutually agree as follows: AGREEMENT CITY hereby leases to CLUB, and CLUB hereby leases from CITY, that certain property, including the Skate Park located in Greg Rogers Park as outlined and provided for in Exhibit "A" (hereinafter "Premises"), attached hereto and incorporated herein by reference as if set forth in full. The parties hereto agree that said letting is upon and subject to the terms, covenants and conditions herein set forth, and CLUB covenants as a material part of the consideration for this lease, to keep and perform each and all of said terms, covenants and conditions. Section 1. Use, Agreement, Term, Renewal and Consideration 1.1 Purpose. CLUB and CITY have determined that in the community there is a public need for additional recreation facilities in the nature of a skateboard park (a depiction of which is attached as Exhibit "A"), and that the creation and operation of a Skate Park in the community would help meet that public need. Furthermore, CITY desires CLUB to operate said Skate Park on leased CITY property 1.2 Use. The Premises shall be used for the purpose of a Skate Park and related recreational activities. As an accessory use, CLUB may operate a "Pro Shop' for the purposes of skateboarding equipment rental and sale. 1.3 Availability of Premises. For the purposes of this Agreement, CITY hereby grants permission to CLUB to occupy the Premises. CLUB accepts such occupancy subject to the terms and conditions of this Agreement. 1.4 Term. The term of this Agreement shall commence on execution by CITY, ("Commencement Date') and shall terminate on the 31s~ day of August, 2018, or the termination date of the Original Lease, which ever is earlier -unless the term shall be sooner terminated as provided elsewhere in this Agreement. 1.5 Consideration to CITY. Consideration to CITY for entering into this Agreement is CLUB's performance of the covenants and conditions herein, which provide a public benefit to the Community. In addition, CLUB agrees to pay CITY the sum of $1.00 per year payable on July 1 of each year during the term thereof. Page 2 of 11 6-6 Section 2. Operation 2.1 Laws. CLUB shall, throughout the term hereof comply with all applicable federal, state, and CITY laws, ordinances and regulations affecting the Premises or the activities to be performed thereon. 2.2 BMX Bicycle Use. Bicycle use may be permitted by express written consent by the Director of Recreation. Such consent may be withdrawn at any time for any reason at the sole discretion of the Duector of Recreation. Should express written consent of the Director of Recreation be obtained, then CLUB hereby agrees to modify the language on the posted signs at the Len Moore Skate Park to read as follows, pursuant to Chula Vista Municipal Code Section 2.66.255(G): WARNING Skateboarding, in-line skating, roller skating, BMX bicycle riding and scooter riding are hazardous recreational activities. Use of this facility may result in serious injuries or death. The City of Chula Vista does not assume any responsibility for injuries or death. Any person using this facility must weaz a helmet, elbow pads, and knee pads designed for skateboading, in-line skating or BMX bicycle riding. The required protective gear shall be properly worn (i.e., chin strap attached) and be in good repair. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Chula Vista Municipal Code Section 2.66.255(F). 2.3 Management. At all times during the term hereof CLUB shall, at its sole cost, keep qualified personnel on the Premises to supervise operation of the Skate Park. 2.4 Fees. CLUB will develop a fee schedule for use of the Skate Park that may include session fees, seasonal fees, yearly fees, discount passes, or free use for educational incentives or similar promotional activities. All fees charged by CLUB shall be compazable to the fees charged for a similar activity at other fee-based Skate Parks in San Diego County. In calculating such fees, CLUB may take into account those attributes of the Skate Park that distinguish it from other skate parks, such as extended operating hours, unique facility enhancements, special programs, and nighttime illumination. 2.5 Maintenance Fund. CLUB shall establish a separate maintenance fund in an escrow account for the purpose of repairing, replacing, and maintaining the Skate Park facility in a safe and secure manner. More specifically, disbursements from the fund shall only be used to pay for those repairs with aone-time cost of more than $1,000 and shall not be used for "day-to-day maintenance' or "upkeep' of the Skate Park. Ten percent (10%) of any fee charged for admission to the Skate Park shall be placed within the account for this expressed use. CITY and CLUB agree to negotiate this percentage in the future, if the percentage is found to be inadequate or more than adequate to effectuate the maintenance fund's stated purpose. CLUB understands that the cost to maintain the Premises may exceed the revenues deposited into the Maintenance Fund, in which case CLUB must still fulfill its duties set forth h1 Section 4 of this Page 3 of 11 6-~ Agreement ("Maintenance and Repair, Damage and Destruction') utilizing any other available CLUB funds. Fund balances shall be verified at the request of the CTI'Y by CLUB providing detail bank statements. On termination of this Agreement, all monies remaining in the Maintenance Fund shall be the property of CITY and disbursed to CITY within ten (10) calendar days. CLUB shall have the right to offset any damages to the Premises, which require reimbursement by CLUB to CITY, with the monies remaining in the Maintenance Fund. 2.6 Age and Release of Liability. CLUB shall allow admittance to the Skate Pazk only if the person executes a CITY approved waiver and release of liability. If the person is under the age of eighteen, the person s parent or guardian must execute the waiver and release of liability. 2.7 Reporting Requirements. CLUB shall complete incident reports on forms approved by CITY for all reported injuries in the Skate Park. CLUB shall immediately send such incident reports to CITY. CLUB shall keep a copy of all incident reports on file and comply with any statutory reporting requirements that may be in effect (for example, Health and Safety Code 115800 (d)(4) -reports must be submitted to Judicial Council by Januazy 30~ each year). 2.8 Signs. CLUB shall post visible signs affording reasonable notice that persons using the Skate Park must wear a helmet, knee pads and elbow pads, and that any participant failing to do so will be subject to citation under a City ordinance requiring such. Furthermore, no person shall be allowed to use the Skate Pazk without wearing such protective gear. In general, advertisements and program announcements on the walls or fences of the Premises are prohibited, however special event signs will be allowed for the duration of the event. In no case shall signs promoting alcohol or tobacco or signs depicting sponsorship by an alcohol or tobacco company be allowed. Notwithstanding the language in this section allowing certain signs, CITY, in its sole discretion, may object to any sign, in which case such sign shall be removed promptly from the Premises by CLUB. 2.9 Inspection by CITY. The CLUB covenants and agrees that the CITY, or the CITY's agent or representative, shall have the right to enter upon the premises at all reasonable times for the purpose of examining or inspecting the premises and to observe the compliance or noncompliance by the CLUB with the terms of this Agreement. 2.10 Utilities and Grounds Maintenance. CLUB shall pay, or cause to be paid, all charges for water, gas, electricity, light, heat, telephone, waste disposal, sewer, storm drain and other utility service used or supplied upon or in connection with the Premises during the term of this Agreement or any extensions hereof. CLUB shall be responsible for all janitorial services and shall maintain the Premises in accordance with any landscape plan associated with construction of the Skate Park. 2.11 CTTY's Use of Facility. It is understood and agreed that CITY shall have the right to reasonable, occasional and scheduled use of the Skate Park at no cost, and at such time and in such manner so as not to interfere with the normal and customary use of the Premises. Such use must be preceded by reasonable notice and CITY must confer with CLUB in an attempt to find a mutually acceptable time. Page 4 of 11 6-8 Section 3. Maintenance and Repair, Damage and Destruction. 3.1 Maintenance and Repairs. CLUB shall, during the term of this Agreement, keep in good order, condition and repair, the Premises and every part thereof, structural or non- structural, and all adjacent sidewalks, landscaping, driveways, pazking lots, fences and signs located in the areas which aze adjacent to and included with the Premises. CITY shall incur no expense nor have any obligation of any kind whatsoever in connection with maintenance of the Premises, and CLUB expressly waives the benefits of any Statute now or hereafter in effect which would otherwise afford CLUB the right to make repairs at CITY's expense or to terminate this Agreement because of CITY's failure to keep the Premises in good order, condition and repair. On the last day of the term hereof, or on any sooner termination, CLUB shall surrender the Premises to CITY in good condition, broom clean, ordinary wear and tear excepted. CLUB shall repair any damage to the Premises or its improvements occasioned by its use thereof. 3.2 Damage or Destruction. In the event the improvements on the Premises are damaged or destroyed, partially or totally, from any cause whatsoever, whether or not such damage or destruction is covered by any insurance required to be maintained by CLUB under this Agreement, CLUB shall repair, restore; and rebuild the Premises to their condition existing immediately prior to such damage or destruction and this Agreement shall continue in full force and effect. Such repair, restoration and rebuilding (all of which aze herein called the "repair') shall be commenced within a reasonable time after such damage or destruction and shall be diligently prosecuted to completion. Section 4. Improvements 4.1 Improvements by CLUB. CLUB shall have the right, with the prior written consent of CITY, to make such alterations, additions, or improvements in or to the Premises as it shall consider necessary or desirable for conducting the operations of the Skate Park, provided that all such work shall be done in a good and workmanlike manner, that the structural integrity of any part of the Premises shall not be impaired, and that no liens shall attach to the Agreement Premises by reason thereof. Upon the termination of this Agreement such alterations, additions, or improvements shall, at the option of the CLUB: (1) become the property of CITY (with no compensation due the CLUB for such improvements); or (2} be removed by the CLUB provided that any part of the Premises affected by such removal shall be restored to its original condition, reasonable wear and tear excepted. Section 5. Taxes Assessments 5.1 Possessory Interest. Pursuant to the provisions of Revenue and Taxation Code section 107.6, CLUB acknowledges that the terms of this Agreement may result in the creation of a possessory interest. If such a possessory interest is vested in CLUB it may be subject to the payment of real property taxes levied on such Interest. CLUB shall be solely responsible for all such taxes when due, and shall not allow any such taxes, assessments, or fees to become a lien against owner's property or any improvements thereon: provided, however, that nothing herein shall deemed prevent or prohibit CLUB from contesting the validity of any such tax, assessment, or fee in a manner authorized by law. Page 5 of 11 6-9 Section 6. Hazardous Materials 6.1 Definition. "Hazardous materials" means any substance so designated (or designated "hazardous substances°) in any federal, state, or local statute, ordinance or regulation affecting the Premises. 6.2 Liability. CLUB shall comply with all laws regarding hazardous substances, materials or wastes, or petroleum products or fraction thereof (herein collectively referred to as "Contaminants") relative to occupancy and use of the premises. CLUB shall be liable and responsible for any Contaminants arising out of the occupancy or use of the premises by CLUB. Such liability and responsibility shall include, but not be limited to, (i) removal from the premises any such Contaminants; (ii) removal from any area outside the premises, including but not limited to surface and groundwater, any such Contaminants generated as part of the operations on the premises; (iii) damages to persons, property and the premises; (iv) all claims resulting from those damages; (v) fines imposed by any governmental agency, and (vi) any other liability as provided by law. 6.3 Discovery and Notice. Should CLUB discover any Contaminants that could environmentally endanger air, soils or groundwater, CLUB shall immediately discontinue all activities which could aggravate the condition and immediately notify CITY both orally and in writing. CLUB shall also diligently proceed to identify the extent of contamination, how it will be remediated, when it will be remediated, by whom, and the cost of such remediation. Section 7. Indemnity, Insurance 7.1 Indemnity. CLUB shall, to the fullest extent permitted by law, defend, indemnify and hold harmless CITY and its officers, employees, and agents for any and all liability, claims, judgments, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement. It is the intent of this Paragraph that CLUB indemnify and hold harmless CITY for any actions of CLUB, including any liability arising from, connected with, caused by or claimed to be caused by CLUB's duty under contracts with third parties. This indemnity obligation shall survive the termination of this Agreement and apply for the entire time that any third party can make a claim against or sue CITY for liabilities arising out of CLUB's use, occupancy, or operation of the above-described Premises, or arising from any defect in any part of said Premises. 7.2 Insurance. Without limiting CLUB's indemnification of CITY as provided above, CLUB shall take out and maintain at all times during the term of the Agreement: 7.2.1 Required Coverage -After Skate Park Construction is Complete. After Skate Park construction is complete, Commercial General Liability Insurance covering Premises and operations in the amount of not less than One Million Dollars ($1,000,000) each occurrence with a General Aggregate limit of Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of CLUB, of any person acting for it or under its control or direction, or any person Page 6 of 11 6-10 authorized by it to use the Premises. The Two Million Dollar ($2,000,000) general aggregate limit shall apply exclusively to the Premises and CLUB's use of the Premises, otherwise the general aggregate limit shall be twice the required occurrence limit. 7.2.2 Cost of Insurance and Certificates. All required insurance shall be in force prior to the opening of the Skate Park. Said policies shall be issued by insurance companies that have an AM Best's Rating of "A, Class V" or better, or shall meet with the approval of the City, and the cost of all required insurance shall be borne by CLUB. Certificates in a form acceptable to CITY evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with CITY during the entire term of this Agreement. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The CITY reserves the right to require complete, certified copies of all required policies at any time. 7.2.3 Endorsements. All liability insurance policies will name, or be endorsed to name, CITY, its officers, officials and employees as additional insureds and protect CITY, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that CLUB's insurance is primary and not excess or contributing to any insurance issued in the name of CITY. Preferably, all insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the CITY. If CLUB's insurance provider does not typically provide thirty (30) days' prior written notice, insurance policies may be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after ten (10) days' prior written notice by certified, overnight mail has been given to the CITY. 7.2.4 Deductibles or Retentions. Any deductibles or self-insured retentions must be declared and acceptable to the CITY. At the option of the CITY, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials, and employees; or, the CLUB shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.2.5 Modification of Coverage Requirements. CITY shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of CITY, the insurance provisions in this Agreement do not provide adequate protection for CITY and/or for members of the public, CITY may require CLUB to obtain insurance sufficient in coverage, form and amount to provide adequate protection. CITY's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. CITY shall notify CLUB in writing of changes in the insurance requirements and, if CLUB does not deposit certificates evidencing acceptable insurance policies with CITY incorporating such changes within sixty (60) days of receipt of such notice, this Agreement shall be in default without further notice to CLUB, and CITY shall be entitled to all legal remedies. Page 7 of 11 6-11 7.2.6 Effect on Indemnification Requirements. The procuring of such required policies of insurance shall not be construed to limit CLUB's liabIlity hereunder, nor to fulfill the indemnification provisions and requirements of this Agreement. Notwithstanding said policies of insurance, CLUB shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement or with the use or occupancy of the Premises. 7.2.7 Proof of Insurance. Upon execution of this Agreement, CLUB shall provide evidence of compliance with the insurance requirements listed above by providing CITY with certificates of insurance, in a form satisfactory to the CITY. Copies of the policies of insurance required in Section 7.2.2 ("Required Coverage -Prior to and During Skate Park Construction') shall be delivered to CITY within 30 days after execution of this Agreement. In addition, copies of the policies of insurance required in Section 7.2.1 ("Required Coverage -After Skate Pazk Construction is Complete") shall be delivered to CITY 30 days after construction of the Skate Park is complete. Section 8. Assignment, Subletting, Encumbering 8.1 Prohibition. Neither the whole nor any part of the Premises nor any of the rights or privileges granted by this Agreement shall be assignable or transferable in any way without the express written consent of the City Council is obtained in each instance. Nor shall CLUB grant any permission to any other person to occupy any portion of the Premises without the express written consent of the City Council is obtained in each instance. Furthermore, CLUB shall not encumber this Agreement, the Premises thereof and the improvements thereon by a deed of trust, mortgage, or any other security instrument without the express written consent of the City Council is obtained in each instance. Any such purported assignment, transfer, sublease, encumbrance, or permission given without such consent shall be void as to CITY. Section 9. Termination 9.1 Early Termination. Notwithstanding any other provision of this Agreement, CLUB may terminate this Agreement upon ninety (90) days advance written notice thereof to CITY. CITY may terminate this Agreement at any time upon ninety (90) days advance written notice to CLUB. 9.2 Skate Pazk Not Constructed. If for any reason CITY in its sole discretion decides to close the Skate Park this Agreement shall terminate immediately. 9.3 Waiver of Damages or Compensation. CLUB hereby expressly waives any and all claims for damages or compensation arising under this Agreement due to early terminafion of the Agreement by CITY. Section 10. Breach and Cure 10.1 Breach. CLUB shall be in breach hereof if it defaults in the performance of any covenant or condition required by this Agreement and fails to cure such default within thirty (30) days following written notice thereof from CITY; or if any such default is not curable within thirty Page 8 of 11 6-12 (30) days, fails to commence to cure the default(s) within said thirty day period and diligently pursue such cure to completion. If a default is not corrected within the cure period mentioned above, this Agreement shall immediately terminate and CLUB shall have no further rights hereunder and shall immediately vacate said Premises; and CITY shall immediately thereupon, without recourse to the courts, have the right to reenter and take possession of said Premises. CITY shall further have all other rights and remedies as provided by law, including without limitation the right to recover damages from CLUB in the amount necessary to compensate CITY for all the detriment proximately caused by CLUB's failure to perform its obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. Section 11. Independent Contractor 11.1 Independent Contractor. CLUB and any of the CLUB's agents, employees or representatives aze, 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 Section 12. Notices 12.1 Time of Delivery, Addresses. Unless otherwise specifically provided in this Agreement, all notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery or as of the second business day after mailing (by United States registered or certified mail, return receipt requested, postage prepaid and addressed as follows: If to CITY, to: City of Chula Vista Director of Recreation 276 Fourth Avenue Chula Vista, CA 91910 If to CLUB, to: President /CEO Boys & Girls Club of Chula Vista 1301 Oleander Avenue Chula Vista, CA 91911 or to such other address as any party may designate to the others for such purpose in the manner set forth above. Section 13. General Provisions 0 Page 9 of 11 6-13 13.1 Prompt Performance. Time is the essence of each covenant and condition set forth in this Agreement. 13.2 Gender, Number. Whenever the context requires, the use herein of (i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 13.3 Joint Work Product. This Agreement is the joint work product of both pazties and their attorneys and shall not be construed more favorably for, or m ore strictly, against either party on the grounds that such party or its attorney participated more or less fully in the preparation of this Agreement. 13.4 No Waiver. No (i) failure, neglect or delay by either party. in exercising any of its rights thereunder or (ii) negotiations between the parties or their attorneys shall operate as a waiver, forfeiture or abandonment such right(s) or any other rights hereunder. Any waiver, forfeiture or abandonment by either party or its right(s) hereunder shall, to be effective, be in writing (i) expressly stating the provision(s) hereof to be waived, forfeited or abandoned, (ii) signed by the party charged with such waiver, forfeiture or abandonment and (iii) delivered to the other party. 13.5 Captions. Captions in this Agreement are inserted for convenience of reference only and so not affect the construction or interpretation of this Agreement. 13.6 References, Exhibits. Each reference in this Agreement to a section or paragraph refers, unless otherwise stated, to a section or paragraph in this Agreement. All exhibits referred to in this Agreement are attached to, and are a part of, this Agreement. 13.7 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, aze merged into and superseded by this Agreement. 13.8 Modification. No modification, waiver or discharge of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver or discharge is or maybe sought. 13.9 Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one instrument. 13.10 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. This Agreement has been signed at Chula Vista, California, as of the date set forth at the beginning of this Agreement. 13.11 Capacity of Parties. Each signatory and party hereto hereby warrants and represents that it has the 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. Page 10 of 11 6-14 Signature Page to AMENDMENT AND RESTATEMENT OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK IN GREG RODGERS PARK IN WITNESS WHEREOF, CITY and CLUB have executed this Agreement as of the last date written below thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 200 City of Chula Vista by: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, City Attorney Dated: , 200_ BOYS AND GIRL'S CLUB OF CHULA VISTA By: Jo . Clingan , Pr s' ent /CEO Attachments: Exhibit A Page 11 of 11 6-15 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT AND RESTATEMENT OF THE JANUARY 21, 2003 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE BOYS AND GIRLS CLUB OF CHULA VISTA FOR THE LEASE AND OPERATION OF A SKATE PARK AT GREG ROGERS PARK WHEREAS, the City of Chula Vista ("CITY") and the Boys and Girls Club of Chula Vista ("CLUB") entered into a 'lease dated November 8, 1977, pursuant to City Council Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Pazk ("Original Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Pazk ("Original Amended Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated January 21, 2003 to modify said Original Amended Lease by removing from the definition of premises in the Original Amended Lease the property that will be occupied by a planned skate pazk; and WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a skate pazk in Greg Rogers Pazk (the "Lease and Operating Agreement"); and WHEREAS, the skate park was completed and opened in 2003 and named the Len Moore Skate Pazk; and WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit new uses of the Len Moore Skate Park by allowing the use of BMX bicycles; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act ("CEQA") and has determined that the activity is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, (the "State CEQA Guidelines") Section 15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists of the normal operations of existing facilities for public gatherings for which the facilities were designed and there is a past history of the facility being used for the same or similar kind of purpose. Therefore, pursuant to Section 15300 et seq. of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Amendment and Restatement of the January 21, 2003 Agreement between the City of Chula Vista and the Boys and Girls Club of Chula Vista for the Lease and Operation of the Len Moore Skate Pazk at Greg Rogers Park. 6-16 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City. Presented by James Sandoval City Manager Approved as to form by B esfeld ~°``t City A 6-17 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.66, SECTION 2.66.255 OF THE CHULA VISTA MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT THE LEN MOORE SKATE PARK WHEREAS, the City of Chula Vista ("CITY") and the Boys and Girls Club of Chula Vista ("CLUB") entered into a lease dated November 8, 1977, pursuant to City Council Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978, pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg Rogers Park ("Original Amended Lease"); and WHEREAS, CITY and CLUB entered into an amended lease dated January 21, 2003 to modify said Original Amended Lease by removing from the definition of premises in the Original Amended Lease the property that will be occupied by a planned skate pazk; and WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a skate pazk in Greg Rogers Pazk (the "Lease and Operating Agreement"); and WHEREAS, the skate pazk was completed and opened in 2003 and named the Len Moore Skate Park; and WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit new uses of the Len Moore Skate Pazk by allowing the use of BMX bicycles; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act ("CEQA") and has determined that the activity is categorically exempt from environmental review pursuant to Title 14 of the California Code of Regulations, Chapter 3, Article 19, (the "State CEQA Guidelines") Section 15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists of the normal operations of existing facilities for public gatherings for which the facilities were designed and there is a past history of the facility being used for the same or similaz kind of purpose. Therefore, pursuant to Section 15300 et seq. of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1: That Chapter 2.66, Section 2.66.255 of the Chula Vista Municipal Code is amended by adding Subsection "G" in accordance with the following: 6-18 Ordinance No. Page 2 G. Notwithstanding any other provision contained within this code section, BMX bicycle use may be permitted by express written consent of the Director of Recreation at the Len Moore Skate Park. Should express written consent of the Director of Recreation be obtained, then the posted signs at the Len Moore Skate Pazk shall be revised to read as follows: WARNING Skateboazding, in-line skating, roller skating, BMX bicycle riding and scooter riding aze hazazdous recreational activities. Use of this facility may result in serious injuries or death. The City of Chula Vista does not assume any responsibility for injuries or death. Any person using this facility must wear a helmet, elbow pads, and knee pads designed for skateboazding, in-line skating or BMX bicycle riding. The required protective geaz shall be properly worn (i.e., chin strap attached) and be in good repair. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Chula Vista Municipal Code Section 2.66.255(F). SECTION 2: This ordinance shall take effect and be in fixll force thirty (30) days following its second reading. Presented by James Sandoval City Manager Xo~4 6-19 Approved as to form by Rem: Meetivg Date: 1R"IN9 ITEM TITLE: RESOEETIOr OF THE CITY WLn CZ OP TPE CITY OP CEUL4 VIS]'A AFFIAMLVQ TP.E CHL-1A V[STa REDEVECOP'.vIE6T CORPORATIOti'S ACTION DEVYLVG CONDITIONAL USE PERMIT (PCC-Ob-020). TO OPERITE A SNIALL AEPL.M'ET AECYCLLVG BUY HACK C1<VTPR LOCATED AT 1315 THEED AVEV[JE Q' TT-IE CLTY OF CHG[,A VISTA SUe111TTED BY: Depury Ciry Manager/Development Servieu Dicxtcpa ® REI7EWED HY: Ciry 1[aiage (4/S VOte: Yes 60~ SCMNAR1' Co sidae;ion of PCC-08-020A filed by TOMRA Pacific, Inc. appealing the Chyle Vista Redevelopment Corpotaiov:, (CVRC) dwisiaeto defy Conditioasl Use Permit (CCY7 PCC-d& 020 to operate a small:ecyeluig redemption ornter located et 1315 Third Avenue. EV VIRO\MEti]'AL RE1TE W The recycling mdevpdon Dearer has beau re wed for compliance wilt the Cadffrria Evviro"v+=tat Qua tv Act (CPQA) end smH hesedetennined that the ptojwt quelifes Por e Class 3 ee¢goccel exemption ?cauavt to Section 15303 (new wrstrvmiov or cau~er;on of smep srucmres) of Ne State CEQA Guidelines- No funkier rnvimvmemal renew is ceceasary. RECOILII&YDATIOV ltet Council adopt the Resolution davyivg the epplieedov for Covd3uonal Lse Pernit (PCC-08~ 020) based on tM findivg of faor described a. Attechmevt 2-Ciy Cwmil Resoluiov. DBCLS9IO.V' Backerouutl U 2007, the Ciry Council direcad staff to itneaieute the ceevUice ceruec foGowine a ciizen's ® complaint to the Co~scl about the ntmrbe: o` nensiatts wio loiter daffy around the mPUne[ Aeeyeling Redemption Center, owned z-td operand by TOMR4 Pacific, kite, located et [ce Sar~ A-Lot parkive lot at 13L" Third Avenue. Dunzg Cie iwamgedoq we f diswvered tha there ]-1 Date, IIem ]o.: y bleating Da[e:3-37-09 Paget ofb had been a recyclins operatlon fr the same IecaSOV for many yeazs begimting wide 7020 Aecyehng which obtained a eonditiovzl use permit fr 1988. Acwrding to TOMRA, t cePlanes cycling center was established ir.2002 m the same toeerion \otablg dre rePlanet cene: is a dvTaect type of mcyding tauter m terms of size, equipment and opeatiea. CVJrQC SzcIIOn 1958 33i requires a modification to the CUP in effect or a aw CUP, nei,her of wNc43ave beau approved. The dtlzea complaint of the recycing censr resultedm the opening of a Code Enfosement case. Sao has subsegvrndy beet working with the applicant to obtain the regvved CLY. The rem~clinq center was initially pmeessed administratively because it met C1Pala Vista Municipal Code (CVMC) regvvemeNS. However, diving [ve public aeticing peiod, staff ived written objectio s from residents who reside is the uea StaS held a aeighborheod meetig co discuss the issues and the potential for other tocadon options, but tae residents were opposed m the a-ater being located enyw3ere is the v:oiviry beceuse of de foilowdr~ eoncars: • Offensive odors from ¢ash and urinanng vrd defeat g against the wa'.I sdjscen to the zvemnenn by ¢msients ' • Omeasoneble noise from Blass smasl:urs a1 crushing end altercations between tmnsievts • Trash dumbed ov rha lawn of the epaztment property m sort out reeyclebLe items before going m the recycling oenrer • T:ansievts leave their shopping cans along the curb mfront of the apartnenr • Tc~passivg by vansients seschlvg `or recyclable items oeresidevdel property • Omm security coacems According to the Park Palomaz .4nzrevert mavaeec, some residens m ved out because of [Lis activiry~ and fire police have asponded to several calls to the vicinity of the recycling center es wall. The Zonine Administmmr elavaad the pojeot to a pubiic herring before the CVAC es permitted by the CVMC. A duly noticed public )maw was scheduled before the CVRC oc b'ovember 13, 2008. At than mec3ng, Ne app;3cmn requested a continuance, which r3e CVRC granted m a dare eeaaiv December 11, 2006. On December 11, 2008, r3e CV2C 3eld a public heain¢ and hem3 @s[imovy from titans and r3e appheant. Afte: closing me pubhc hearing the CVAC vou-d 40-3 with ttaee CVAC Bosd Members absent, to deey the mcycling redempdov eenrer. TOMRA PaGEq Inc. Les sppezled r} decision oft CVAC m the Ciry Ca-sul. Pmiect Descriofion ive project site is iv ffie vonh parking Iot for the Sava-Got store located at 1315 Third Avenue and edjacem [o Palomar Street ~n soutbwestem Chula Vista, within the Merged C3vla vine RedevelopmeN Project area. The Ste is level and repreen¢ approximately 900 square feK ofa 2,45- ace lot (See Arachmevt 2 - Secacoq and Acachmevt 3 -Aerial Phoro). The existlng land and adjecrnt to the mbject site, as we- as the land use desigva5ev4 aze shown in the table below- 7-2 Dar4, uemrva.: ~' bleating Darea-D-09 Page 3 of 6 General Plan Designation ~ Zoning DesienaGOn EUses g Site } Commerial Retail (CR) Cevtril Commerviv (CC) Sava-Lot Cenhal Commercial Precise Commercial, Voah Vexed-use Residendai (rv1URJ , PI®(CCP) 15FR, East Residemial Hi h(RF{) I Apex ant Residersa<(R-J ! Residemial 9ouN Commzrcial Rerail (CR) I Cereal Commerval (CC) i Reran Wert l Cbrnmerciat Retail (CR) Cevval Comore al - Precise Rervl Plan (CCP) The rePlartet recycling cevter consists of nvo mDbY mobile coot-veers belvnd e small building faFade used m col!ut recyclable iams dti,t qualify for California Redemption Value. The cenmc operares by receivi~ rmydable ivnrs from patrons in exchange foe a vvuchec receipt. Iv mm, pawns can mdeem We voucher t Fhz Sevo-a-Lot stare. The faciliy is open foe business daily Eom 8:00 vm. tc A:30? m. and opeared by en on-site, rePlanet uniformed Hoff Chine Vista Vlu>ucipat Code Section 19.58.345 states rhet rzcydivg ce¢tes may be pemdtted ® with a conditio:ml use permit u commercial or industrial zones, and within a convenience zone identified by the sate of Celifomia Deportment of Resources, cadet rlie Cefifomia Beverage Container Recycling and Liau Reduction Act A convenience zone is typically ahalf-adle radius around a supemwket. !n this case, the Sav-a-Lot market is wdY a commieme zone. The Ciry is not aundatad by the stare [o epprovesuch esn[ers. 'fOMIU Pacific, Inc Appeal Oa January 26, 2009 TOMRA Pacific, InS mbmitted m ¢ppea!, alleging the following: 1) TOVIRA Pacific, Inc: "The CVKCre findings for denial of Me lse Permit are inadequate as they are not supported b.' evidence in the administrafive record." Staffs response: The CVRC's findings for denial are supported by .mbsiav[al evidence ez outlined in Rcotmiov 200&-00"1, mo¢ specifically: Fording t-19.14.Og0(A) rta¢s: Rhat the proposed nse at This Wcetion is not neussary o desirable to prodde a service or facHiiy which will contribute to the general well being of+he neiehborhood or the communiry." The findings of fact a the attached CVRC Resolution sam chat the recyclvg ce r is rndesirab:e m the area because mmy cesidenrs have raised concerns abom hanienss who loiter wound the cevter bringing and lamina sboppicg ez2s, trespassme, mmma¢ing t!nough tzast ® recepades, and sreatieg recyclable Intrs cnm private properry. Residents have called the PoLce Depermient several c es m the area and the polity reports indicate that fiese incidences we:e iv the area ofthe racy&;ng center. 1-3 Date.Item Ho.: T Meefing Davea-2]-09 Page; of 6 Staff received petition from resident; residing fr th aran who oppose the center. Stuff hdd a eighborbood meeting to discuss the issues znd ;he potential for other locacon optiocs, but the residents were opposed to the testa being located anywhue in the vicinity becaue of the following concerns: Jffensive odors from vazh and urinating and defrcative against the wall adjacent m fie BparlmeaC9 by Van9rCp[9 Unreasonable roue from gtazs smashing stye crushing and alcercaEOns bemeeu Cansieats • IIah dumped ov the lawn of the apartment property m sort ou! recyclable items befoce oing to the recychag oenar • Trenswts leave then shoppi~carts atnnP the cwbin front ofrhe aparsruts • ]'r9ipa95ing b}'travsien[aseazching[orrECyulable Rams oV [CNdeVtlai property other secnrin concerns According m tls Park Palomar Ap -unenr manaoae some residzv's moved out because of !his activity and, as discrused above, rhs paice Lave responded to several calls m the vinir~iry of the mcyding canner as well. Finding 3 -19.14.080(8) smto: "Thai such ese will, under the cimumstences of the pamculr. se. be devimema! to the health, safety or general welfare df persons asiding or wotlting in the t r.miry or injadous to property or improvemeav in tlae vi~inity." The CVRC foswd ve reoyeling cen[n to ba a detriment m ffie sunounaing commwdry. TM1 residenrs :n We aces have eondvual c vccrns for Lhe negative acdvitles assouared ar and the cycling cemu including offensive odors from vash and vansients uinating aad defecatine against the well xdj scent to the apartmeNS; tmr ovehle noise from elxss smashing and nshmg: and Scud alremations amone transients; trash dumped on residential property; matuiuts having shopping ceit9 along the curb ir. fropt of the adjecmt aoartmenr; vansiencs trespassing an cesidentlel property in seaech of cecydabL= imms; and otLec secarity wnezms. Finding 3 -19.14080(CJ stares: "That the propo d use will comply with the regu'adons specified in the code fir such use." Ahhough Ne use eompLes win all City zoning and 6 ]ding regulatiens, tide is a discadovary anfion, and as pen of rLe disccuiovary review, aspect of si5ng the recvclmg centu rocs, be vsidued'mdudigq poential impacts to the health, safety and well beine of pusovs livin° and workine in the vicinity. Eae cevtu has ar acted vavsiens ro ir= location frequently msu:nng N rF wdesicablc activities idendfred iv Findinestand 2. F ding J -1914.0 AO(C) stands: `"Shat devzl of rhis Conmtional Use Permit will aor adversely affil the Genual Plan of the Grymd the Urban Care Specific Plea" l'"~ nltMugh the acydivg centu wvform; m :tm tiny of Chula Vism 6enual Plan land rse J e~ignafiea end development rtaoduds fur such uses as ou~t~ned iv tie Zoning Ordiaacce, it ]-4 Date, Item Vo.: ~ Yleering Davea Page i of 6 wv9iece e*ih Oene:al Plan Land Lse and Itanspottetieas Element (LL']) Objective 35, "Re.Etalize and pcotect exis[me sabre resitlenaal neighborhoods iv the Seuttwem Plaaviag A:ee from adverse Iavd use impece" and LLZ Policy 35.4 "Focus on histode pmservadon; safety and sacmiry; and code evfmcervent efforts within oldrr neighborhoods iv the Somhwvt P!atuwg Area.' The cente: impec¢ Objective 35 because the tesidenb aze subjected m various actions and aaivines, Wooed in Finding 2, by transients who frequent the recycling ce and Me ound!ne area. the recycling rznter, ai ie loea5on, also impacts Policy 35.A because these many Dells for service by residence for Chula Visor Police response m invemiga:e d3babvtces, and has impacted Code'nvfereevent effocs to bring the Project into wmplievice, 2) TOM1[R4 Pacific, Inc.: "TONR4's Recycling Cenar easily satisfies atl of the findings under Cih Ytunigpal Cotle section 39,1G.080 necessary for the CVRC m grant the Lse Permit" StnfPs respome: TOhIlL4 did not provide any eddecce wnvary to lire CVAC's nndines. Howzver, a: the public hauina several members of the public came and spoke in support of the racy Ging center, stating flat the center is an azset to the neighborhood because it providzs a relent location far their recycling needs. However, neiehboes immediately zdjacent to the e center also prodded tes[imom' ro the CVRC to the conhap~ that indicated the center was no: desirab;e es discussed wder Findings 1 and 2 above. 3) TO3IR4 Paritiq Ina.: "The CVRC's denial of [he lire Permit a arbihary and capriciam vnd therefore a violation of TOhDLA's aoortitutimal rights, under Enter slia, sabstaative due process rights." 9tefPs response: Staff provided due pmccvs by analyvne the CtiP epplica'Lon. in acwCance wiN 'HOe 19 (ZCning Ordinance} inetndfn¢ earl ceview of the projeeq and balding e neighborMod meeting where the applicaa and pebho wxce provided an oppornNiy W present rhev position on the issecs and cisevss solutiers to identified impacts. Following Ne public m.=.fw3, a duly netlced public hezirb was scheduled before Ne CVRC oa 6ovem_bu 13, ?OOB. At Hut'vz~:ng, the applicant requested a condncance, wvch fie CVRC e}amed m e da1° cerw December i 1, 2008. At the December 11, 2008 beangae apolican: wen given the opoomutity and did p:ereat t air position. Members of tie Fcbliz were also given av npporhmiy aid did speak ettha hazing. In additioq the apnGcartt is exe¢iang due process by appealing the project to [he Cirv Ceuncit. DECISIOEJLU{ER COtYFE1CT Staff has ceviewed the prnpeny holdings of the City Council and has found ve awiber has pcoperry holdings within 500 feet of Coe boundtaies of die pmperry that is the mbject of rhis action. ]-5 Date, kem Ito.: i Necriug Dater Page6 ol6 COACLUSIOS Stsf` is awmmmdivg dettial because tlta fmdines can be made that the project would be e de5lmevt co the healtL ant uRlfare tv the surrounding resLdential veghborhood, as wtivrd iv the atruhed City Couvop ResoluGOn Anachmenn L Locator Map 2. "LOMRA PaciHq lnc appeal Form 3. CPRC Reaolutlov Adapted on 1289/08 4. CVRC LJl3/08 Minutes PeciiovslLenus Svm Citfzms ]-6 PR09ffCT CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR Tornra Paciec, inc. O°"T ~ ~dr `w""x' MISCELLANEOUS 1315 ThiM Ave Pmlecl5ummary^.PmPesinga Recycfmg buy Sack center. NORTH - ENO SCaIe FlL xPCC-0B-024 Peimd aw:Nare uceoe mmmavRVCCOeozo.mns=aoe - ® ~~(G ~ OEC 19 2008 i j ~~ ! crn ovor PLq'$P ~~il Y% CHIRA VISTA I ry,, ~aN ~ s zaoa Appeal Ne decision of Me: i, 'I ^ ^esign Revlew CCmmttee .~ Placnsy Commisslon (C. v. a.cq Application InfoFinaticn c N~a'[-~w ~ s ~,' RECElS'E~ NG~µ ~~ a o,a~Cp c t CITY CLESAf~i({'pPLICATION FORM Appellant _ccma. =ec:zic, ms. =hone No. Home Address: BO9nass AddreSS: !50 Kl'ce Cic:e, Lo-o-~, Cd 919de PrCjaCl Addfeae: _f315 L^.'a pvenc_ C`v'= Vi~.ra CP_ 91oiL ®i'reje,t Descnp!ion' conCi<S:nal Cse ]en_c Ya.FC:-ce-CZU _ (Exaapla: zone change, variance, cenditicnal use permi!, desiSn review, e[c.) P!aesa use ;ha space below 1C provide a response [o the dedston you ere appeNlnS. Attach additional sheets, i' necessary. --TCM.I'A a^peela t a Ltria 41a:a hedeveioCVnv[ Co: E-lo_'s ("a`Z. ]") d^-'a~ cf TO^fn'{'< s:1a-. fo 'CCi_ _ _ Vee c Vc 'LL-CBj020 '^VSe _ - -- - cotae _- "-a-doa -- - -reaee a Iu Terra - - ae c'. o. a- _- be,ea ~ -oolavie e a, a t e-e ~_ i nee:a'__-:r - xilvaaaaia`ise Pau of evln[l`rzs nnaer cif .; e.pd0 nPe v fox [ha CVtie c e Gsn Ferar a-d ~ :1tL'a aen9al cf [he Jae~e 92bi[ - - la iois -.. :heix`ae a ±o1a<_ - -i=h[s e11a. - - rL=![ 5"hVe _ _ - eticc SLICLi :seen, shier ¢3 1 2c ..c _~bro ncs for FP e o tac ccvsz s crb:.a soav-. list-a fJ.-Epf APpean Dd(e-ea/ L GO NOT WRITE IN THI$ $PAGE T'ne above natter has been acYeduled for public hearing be`ore the'. 0 Pl0nnm5 CCnm:ascn ^C1ty OCSCiI oa PannlTg CCmlllaslon $ecrBlaly G~CBrR c-i Fcmth P.-r+- ~ Ch+le Vlau ~II'p'o' 3.31c ~ IEto; r=,.C,c. c~cx;soLUnos NO.2oas-0m 3ESOLCSLON OF '`3 C:';(P.4 VLii?. R-:,DcVESOPIvLTi COR°ORAIIOti De^.vY-vG CpN~i IIiOVe.L 3532EFMIi (PCG 08-02oJ,'1Y) OPE3ATE A 53F_SLL A,PLnhEi s2ECYCLLVG BLY BACK CEYtEA LOC.4TEJ AI 1311 i 3RD AVEb'[JE I!C Cl_Y OF C??UL? VISi.4 ~YTREAS, the parcel, a v me ,ybect r ~ o: tie asomtioa E tese c L Pmch_•cerr ? ar S~ h~ m corpoatc creme 3y This ref ceece, and for me pc7ose o' = Rai des Inoe u loce:~ at li li 1}'N Avrn-v, ChEa Vitta; a=d WI-ffi2A5, oa:vlacL 27, 2008, a dciyrci.9ad appcarioc fcr a Coc~dopi tix- Paa (PCC-03-o20J wes Paed wta t}e Ciry of Ch¢a'~°~ on iehzlf of Toeaz?aci.`.S Eacwpo. 3d (°PPuceatl m op. a~z z r YES bpy'ozck acw cocsisting of two B' z 20' ro&od co:~ce svd a svslL trnldiag flyafle rsed m collwt ccyclsbf dtems rhat q~,F]Sy Er. C3V !CaL'omic Redcxpdon vA~;e) az ~a coah ?ar3cye lo: of rEe Ssv~z=apt smn, ioceed zr 3 ti a-L 4venue ('i mjacYs; sorl F'Y~AEPS, pe 7mtec: has S evi~wd ft oo¢2liacm wirL Ge C~ mie hrot»eatcl Q-,iii ; Act 'CEQn) wd~`.a;:d o- a _eview 'te E-..vsrermea Peview Cope-.Lnaror detrnic~ mar the pro~~u-[ mv:LSes for a Clvs 3 z-gpual ezenpdoe Ris~v_ w SecHOC L.303 (azv. - - of srsll mctwesJ of Ge 5¢rz CAA Cudeliaes. Th~.rs nn fv~ier eci~io~enal t`ev;°wunec°_:a~: vd ~-IE4FA5, a bavui nme and platy av sit by ~a Chula V:,c ~wloPaect Conoauoc (CV2C7 `oi roosidecc on of ~e P_-aject ~d ~'_ee of said yeadaa ma~,ia F-,?a it puraose, wes giv-~ ty is paiGcxioa u e ne.xspsps of geaael cveGefioc o ~ cy, ~d i5 ae~~ to ]copzcry oune_s az^_ residecrs wir"+ Soo {ee: of Me exredoc bo•.~dzp'x of ti:e P~3 ~, atleea Qepc)days odarm me se~,~aod 0.^dE~.AS h,Chia V-sm Redez_opmze: Copordoa idt e dy poccaz paWe ae~ryq m oe~Or sM ~R~lcaoco az Lhe ate ~d PLe z~ adre'~ ed, n=~.av heveabc ]~ 2008 at 6:00 p.a. i< rae Counal C6ae~b°rs, D6 °ourb Aveauc beio;e the CvIle avs'_ Redevelopment Co.-xizcoc ®d seidheari~~ wes "her°a+u closac; and NOW, ::SR?ORE, B? `!' Rr'.SOLVED 6 se Chula v;r Aadevelornent Cor~omuov does 6erd:y iud, deta:¢i-. , .. reso_._ u iollowss 'I aeP Ject od Coadilo=al Use?emit(2CC-03-030)a-e dea:d'ozsed m_Cn folowieg'~dn~ offeca i a vrdnceci3 ChNa Vita 4!-,rvictna! Code S -tics ±9.14.080. 1. Yhz± La Iropozed ue az rHS lomtloa is pot am°ssa-y ov derrabiz m P: wide a s°ndce or ® ~=~i~ wtich ua covepws: m the eserel we_ cecg of ;ha neiehSO6ood ov dv C VRC 3`m!~ae20rJ3ACft F= . ,,~ Tee Poiect is undeshabie iv rEe area becau n_cY rv3ces ed,'axat tq znd wtm'be ~~ ) . iiry of ie recyrr3 cea¢: have ._se2 wncaas ~onr de taviear; v c lairs ' c censer b.'se~ ard i:a:=L^ siepp[ed eza, caspassia3, v~._ ac d~;yough ~sCurc_°r-s^ies, snd s-aliis r°^vc!abl_ ___ms f:o¢ prvate 2:oper.,•~. Fesidenu hive - ,.'_'.d me Po!ice Jeoartmec: s_vmai tees w t_e sea be<aise :he er.i.:ss. iaunzt:s ~b nese ; cd° -es a. esa»cizred -via *ne .xv 'fig oen'w-_ The aP?uran: sestihd `m nrer porertlal locations i other come:.z nmd i^^d c¢+a1 azvu awa; front v-siden`al bm smreourea and !mdlores wo~ill not consifier siti>p ~e r°.clc`.cg center on xheh nronery. Haled o¢ his, tl:e Projun wo~sd mgwe_y cosal-6uta :o tSe gmea! we] bee- of ce oon~~n. 2. The:,vch ~sa will, ~mder the i.-,;.~msranoaz of the: •cculsr ezre, Be dah~znsl w he ea!rh, levy or g_ ssl cxlfaze of ?cots zsiding or nor]~g c he vicitiry- a isuriou to ~mpcry. oriaprocen~v2e rlciug. '^..e Fro;ecr ~ be a defeat m the resideavs in ffie azea Semese of the coati •v! earive arwitles associazed udrL the recvcli _ censer ino!nd ~.g oi=°nsve odors hom d sh ~d tresiss uwating zrd d;'ecanng a3Za, ve wail adjeceat m ~Se _z ~n~ mu'evocabte vo-se £vm gl~s.s ` _ ava risldnS: ~hh5 an' ydltn3 a ong a~sien's; eve dumped on mn9evYa1 propeag ::avsienu lea-rng shoppb care alone the mu`!v Euat of fne adjexnt ao peen; rzvie,-.m ;esPavsivg on msl~°auy xopery m,..arcc ofrecyelaoie Seas; arl secudtp coo :vs. n. "['retch_omposed-se-~we2ly uflh ~e repalaEans spe=iEed is he code foe>=chase. 'loe Pmi~md its locz,:on, compL_°< uti 9n appLrable a~Ze_o3 an -.vc-ds sreci=ed _.3. n2, yicipel Coda !c: rz-. ~=l r_g c:r:s:.ve. A;von3n'.ae ~ss: coepGes nib zC Gtp and bcilmg :egulatiocs, tls s z disaetio ~ ec5oi ®d as net of fie dse. cio>a~evlew, m~a-~ of S ?mjec; a~ be rovidxred ivd-ring oo:ee•J'al iapac[; n ae hezl~, sJety and a _I1 Seq o`Pesors hv~q en- workicg i Coe.de' ~. +s -mtsd s Fuctn~ 1 and 2, rbe Proi:ct ie a dstimeat m Lv° sy-o'svg c uvcvty Nnefos, Ne_°roject shoWd be denial. .. Sts: deiai of rlis enuua_I IIse _'_-.aira5l not aaversay eEfnt ~ Gasel ?~ o`. tte Ciw end caa tinsn Cora Bcecfic Pla¢ '--acy. rLe .':oj°c! corioas ;o ae C° of Chute vim = Gansai Pi=t. std Zcning Or~nenw, the 2rojea coc"c's wa Ge^xral P a Cxnd t]se m -- o.. woes _L_ec_ ~ ,?) Ociw ?i, "Re=_~ir ?ai n .a sxisdae stable r° e,~h-ro:hood;:n:~z so~~swes<P~:aaa:.a>--~'-.na"air-_rs~ta~a ~~o ~aoaes ,a!~T oLc v 3~ 4 `Focus or :tisa5c pasea~=tloa; safr~ end secmiy; aa3 coda °ct e`_`nns -wi older r•-i~borhoass t: Souiu-est Plwave wra' '!',.ea ect spz:n 0',;-i~cve l_ oece~.ssz ch_.-as:d_c-s e-e snSjsted :o vz~r-i, ac:oa, and Sec-~-es. =_ ~-. ~:ad:-.g 2. b~. [:==.s:rn s a:ce ~~.aev: ~: re:ovyvg cerrrr sv'_ Cie sa-rc~_ndse a~Tt R jec:=..paei Policy 3' 4'w..rrss c41_e 6ave'o°~ macy c~ fcr service io: Chris V°~s °oiix s°sxcs°'rv -~sSauss -x~e _;ca'x disrrbanar is ~e pco)st =intl. 'r e P.o;zct aJ,o ~;,acxs Poll=g is x bsause Cod_ Enfscevent e3on= aide _ neivjborhooi uirhv c= ]o~.2Cwert °` nv-g Area =e b~ inpecr: by co_u -~ -mmpnwS'ag tb_~jec un coapG~ce ]-10 CV3CAndt~ox2S05-OOi 'aa 9 /~ $~ °sesei 9h .4,p-o+~ as m `om be / C_ / ~ ~ ~ ~dc Cm2see f q~illies`_el ~ ~ Re3eveiopaev: a.c 3o~sip nss'sr/t Dixacoox Ivvda Cevara, ~rv~I PASSED, hPPR04 ~D, al t tD0?TED'ry?:e Ch.•la Psu Brdav_lo~oe¢t Covounon oFSz CLy o`Chule 4s~e, tE,1In dey c`_Dcczv,ow, 20J8 Sy Sc`olloenig voce: SYFS: DL~ema: Desxr_'xzr, Reyee, Sel„ and r emi 6PY3- puecxoxs: Voea A35EYC: I} giros: Mwez, Pz>f, ROOCe;~ ^ A3Si~T': Dircm ,: Foce i i I I ~i~~//, ~ ~~./rJ^R t/~s~,l/~ ® ~C srnsxk L z5, v~ AiTES"f: ~ ~~ ~`~ ~ T,s 9~ ~ d' ~ ~ v,~R„ ~ C. Cro..ke[. >eceary e # F~a o ~ oarsrzo0 z STATE OF CAEIFDAFIA e ) c P~ ~ Cg CITY F C{~;,,q t [ST.~ ly~~paPD 1 I, Enc C C~ lv-a, Sre~a-y of ~e C'mile P~ Re3eveiooment GyoxaSov of lie Ci)~ o: ChWa Vis _ CeLiv~a do hu_iy certi~ met iSZ fo:_3o~ CVI2C .2~olv:oa No. 2008-OG] u dd- ?z9se~ appmv~, we eioprei Sy tSe Chula V -[e Red~eloP~t CooomSw a' z xe:EZ- a '~ of 'ie Chule V ~ pe=veLoparat Coxpozfia> !d vc L° 12:i day o: DrraSC 2008. Pxxutec ~s i L3 dry o£DCCaaSC 2008. A Eac 7-11 DRAFT MSNCTES OF T'.3E REGCZ--aR MEETLVG OP THE CHGCA VISIA REDEVELOPME,YC CORPORATIOS (CVRC) Derembm 1'_, 2008 6:00 P_YI 'loe Ae~laz Yieedne of me Chula Psta Redevelopment Conomfion was called to ordrc ar 6:03 p.n.iv the Cawrcil CSambea, located iv Cary Hell, 276 Fo -ih 4vevue, Chula Ysta, Catifo¢da CV3C ROLL CALL - PRESEM: Dsxmrs: Desrochers, Aeces, Salaz and Clmv-Lewis ABSEM: Direcrors: M~moz, Paul, and Rooney ALSO PRESEFT: Inretim Bxecutlve Dheaodhiterm Ciry Managaz Tdloch, Dqury Ciry Attorney 9hssey, Redevelopment & Howige, Assirtmt Dirubz Croeken, Plamiing and Fielding Duecmz 3albeq Developmeno Planmr' g Marsger - Ladiaoa SeNOZ Ptamez Wall, Senior Pleavez Tepia, Associare Plamner Zumwel2, Env::oamrn~al Services Program Yfanager Fr ce, Prmcical Pmjec Coordmawr Lee, Executive usiszmt w ~e Ctiry 3M1aaegr. Peoples, ® Senior Admizuso-aSw Secreury Fields PLEDGE OF ALLEGL4FCE, MOIvGM OF SII.EVCE WSSEYC CA[.ENDAR L APPEOV.AL OP 3fL~UTES Steff Rewmmenduoa~ Approve me rromes of the Regutar'/.eeCne of Noxmbe: 13, 200F. ACrOV: Direcmz Desroehess mo.red approval of the Consenr Calendar. Dicecwc Reyes conded zhe morioz and it carrieE mmnimously with Directors Munoz, PaW and Rooney absent. PLBLID COMMEVCS ' 'There were none. INTRODUCTION - 2. GAAY p.ALBERT, SEW PL,WNLtiG@BUILDLVG DIItECTOR ® In:ezim Exe;,utfve ITiectoz IcUOCh mTOCaced haw Plnanine & Bu]divs D¢cmr Ysber: and spoie briefly on tis work ezpedenae end beclygo-.md. Pie t off CVRC-M1SVam_-December 1 ], 2008 7-12 .T-,.~un.~r. rr .~ DRAFT PUdL[C HFARLVCS _ ChaE Geniis mnomced Nat hen 5 wv Iaeelly no9ced as e public hea-.ng bn:'we¢ecsly lrtad on v4e agenda es an actioc imm .. 'IOIvL24 PACIFIC,ISC. REPL.4NPC RECYCLLM1G CESTER (P0008-020 Nebkcheering m coesider an epplicatlov foc a wnditloval use psrm:t for a small v°cyeling buy-back ee in dte Sar-e-Lot parking lo: located at Ut5 Third Aveaee iu Na iou;hwest Redevelopsect A:ez. Ttis :e:p wv continued "[ran ~~ae neericg ei noe-exber t 3, 2Q03_ Soda of Ne'oez~ing was givenv acw-.:arse vita legal regtcrenevts, and the heaing wu held 07 the dare end atthe dme specsed N the votice. Developmeat Plzmiinu Nevager Ladiana iao-adnced Ne item, and Senior Plav~er Walker presorted the rteff epee eed responded ro ques5ons. Ct L-Izwis opened thepdotic henvg. The follow-vtg people nRre present wislu~g to speak: _Viauriw Chemaq Chvte visor resident representing Villa T~pra Aoneowners Azsaciedoa. onpriud of 35 resitlendai units, spoke m oppnsitlov to Ne proposed CLP and pmsemed a pedfinn a opposido~ signed by39 peoolw 'Ihaesa Accerq Chula Vkae resident spoke N opposi5oa m Ne proposed CLP. Collern, C'nule Vista ssidenq spoke's opposi5ou to the proposed CL: d presea[ed pmioiors sigveC by 56 people. FieN:.Kzmc~¢q rspresevdng Pnrnre Pa<ifiq Ina AepLmet 3acyding Cen:ec spoke N support of the proposed CLe evd peened z bNei. viaeo wkee at the sm feanxiug sw.ez3 Chula Visv resideas speaking in supJe¢ Cf Ne Ceaar. Clerrdo 3mwmiee, re idea of Satiorel Ciy, represem.:~ UVIRG - yonN recyGv~ fwd:*3s:[g mvrdeadoc;aoie a suepon oRhe proposed CLY. EaiG~~e San:abalbine, Chula Visa residen!, spoke u svppon of the proposed CL4 and was one of Ne local reeidenn seatwed in Ne eideo. Lose Falis Garcgg, Chtila Vti¢reside~q spoke in mppotl of fie xoposed CbY. Ma'a Ga-cia Ghule Visor sdeat ,poke ic;cnport offaeproposed CLP_ Chav Lewi clesed Ne pu~Ec h_arr'ne. Paee]°tn CVRC-K uts-0arrber 9,?OO8 7-13 DRAFT ® AcTlox: Dtec:n: sales movedm adapt CVRC Rasmucon xe.2ooa-o0~, neaa gzaa, r~xr w, vea: CVRC RESOL-TION NO- 200&009, .2ESOLLTION OF TFE CHLrt.A VIST_q IZEDEVELOPME~T CORPOR4TI0\ DENtTUG C0~"DITIO\4L JSE PERMIT (PCC-08-020), TO OPERATE A SMALL REP44NET RECYCLLNG BIIY SACK CE4TER LOCATED AT L315 THIAD AVENUE Ix THE CITY OF CHL',A 4T5T4 Dce cia Aeves seconded the mofion avd et oaaed wavmously wirh Di~ors Manoz Paul avc Rooney absrvt. 6_ MOSSY NISSA'J Public heaves to consider a request for approval ofa Design Review epptieefiov to permit w commercial cansvic5ov ofa 31,796 sq. ft. Mossy Ttssan auto sales ea service building loce'zd at the mrrheast oorae: of t e inarsection of 31aty Sveei and Auto Park P,venue. Nofiw ofthe hearn<wes ~vw m awo:darme with legal raquirsveats, and the hearing wa_~ held on the date and at the dme specified in the nonce. Develo?meet Pl.vming Mma°et Lediane ivvomtced the item, and Associate Plemer Zumwalt prez°nred the su[firepor[ and responded m quesrioes. Chah Levi, owed C+e puSlicheering. Daanld Dev^s of CCBG+vchiiems Inc., architect for Cne apolican; resnonded m ques[ions of cte Bond. Therebeins no oth:xs present wsnigq m speak; Choi: Less closed the pubGe tseriag. ACT106: Diector Desrochers vowed to adopt e~RC Resoiudoe So. 2008-008 headm_e maZ [excwaivec C4RC AESOIUTION S0. 2008-008. RESOLliTION OF THE CY.ILA VISTA REDS\'ELORMExT CORPOR4TI0': .4PPROVIIJG .4 DESIGN REV~W PERML[ (DRC-OS-019), TO ALLOW' THE COSSTRllCTION O^ A 31]96 SQ. FT. ALiO DEALERSHIP LOCATED AT THE L~iERSECTION OF h1AM STREET' AVD ADTO PARK AVEIJOE e~U pN gUTO STORAGE LOT LOCP.TED Oti aL'TO PAAKPLACF Z\ T'dE CITY OF CFI[za. VISTA Dirstor Szla_= sewvded the moiov avd it rz-ded uaadmonsly with IT:erso_s Munoz, Pzul ant Rooney zbsent. 3ofi CV3C-ML22t-DsemSer lE,2n~8 7-14 DRAFT ncrlo~ ITEUS ~^+~ Chao- Lewis, once wa smad the Item 5 was e lzzelly vo5ad pvo0e hezve Char 3aL inadve_2ently beenlsrd on ~ e a_cevdz as an actlon trea< :. V45QUEZ L1DtiS?RIAI. BtiIEDh~G (DR609d2~ - Proposed mod15cn5oas to the enaioc eirvations ofneprevinusly approved multi-tevvss indusmal buildin^. _Aopee of ~e heanvg was given v. scordena wd~ legal rxuiremenq end the heavg was held an the dare atd et Ne tlmc spedfidu the vodce. Development PI=^^'^g Manager LarLzne Trrodmd the it ,and Sem'cr 21a~wer Tapia preserved the staff report aid responded to questions. 7he`ullow5ng people were prewar w~si`ag co speak: Therese Awero, Chula Vote resderv r:faxsendvg he Soufrwest Chula Vsm Civic Associatioq - ., support of the vroject. The s.-cF act represeetmg ;1re Vazquez fuv'.c responded to the 9oard's questions regsing the process r_7e Vasquez fuvly had cone throueh and the arvow.t of Sine zvd cosy meLL ad. ' J Cheic Leev appoimen a nincommieee of Direcror<Dumchers znd Raves to work wirh s'.zf` end the Vasquez family and their uchitu: to get the project done, and m brsg a report Deck e$er the mrof ]rea u. Chair Lewis closed the pvplia hearing. ACIIOV. Di-xrar Decochers mood m adopt CVRC Resohtiov To. 2008-D09 heeding read, te# waived: CVRC ItE50LJT!05 NO. ?008-009, .RESOLUTION OF THE CkULA VISTA REDEVELOPYCST COA ORS*ION .4PPROVLVG DESIGF RE VIER' PEAR-II"C (DRC-0']pLlvp REQti'STIFO ERTERIOR MOD&ICAitONS '[O A PREVIOOSLY AnpROVED 24¢85-SQUARE FOOT ADliSTRIA. EUILDAG AT 11a 3T STREETIN THE CITY O' CHL-f.A V[STA eewr Saws seooaEd the modov end it tuned ~mnuslg wih Directors Munoz, Paul and Rooney absent /''~ Pase 3 ors CVAC-Iv(m ts-Dacemxr LI, 2008 ]-15 DRAFT ® 6. CHIEF EXECUITVE OFFICERS RERORT6 Interim Chief Exxudve Officer ,ulloeh maned mat me Ciy Comcii bed selected T Sandoval as tie caw Ciry Manager, se mis wouldbe Ids lsst meerine wirh the CVAC. He then said what he had tad the oFPOrtureTy~ to observe the Doted members c sev_^a capacitla once aria ro Ch~ila 4 ism and that he had beee centmWly impressed wi:h the deptt anti breach of then expenane.° and dedieatioa m Chua vsa ecd its developmwt. Ye then wished them well en2 thmked Them for eveaahing mrv do foCNe LSry wd expressed his hope that mev world be givee even xore oppoauviry to do :he Idnds of C>;ngs that they want to do `or Chala Vista ]. CF_4IIUNAN'S REPORTS Chai: Leu4s wdshet everyove atappo holiday season B. DIRECTCR6'COVi~VTS Dvxtor Sales saved that he had spoken wim the Direav of the Ciry of San Diego Redevelopment Ageacy regaratng tx inaemml fimdivg mr low avd mod houz'utg and me possfoihry to extzud from the 20 yrus ou. ro 10 veers. 'I'hare may be hope of attending Lie ax xceaznv w ereau e f~diag saeare m be used for law mod housing. Dir°ster Desrochers Proposed a workshop be held in me next month or so on the Bayiroct to include me CVRq Ciy staff, earl He Pon Distia Interim Chief Executive O3icec iulloct: stated tltar e umber of rhinos u to beita° does m keep m ving fonvzrd oc a ba.:rom development, ®d'ne will pats this interest onto City Mec~ver Savdoval. Direcmr Desrochers ieeuved of Redeeeiopment and Hausmg Assirtaut Dvector Crocken, as m etYeets of Erie budget cuts on ws dape.-.tvent, potieg that he world ham m see the City wmbine Aedeveloomwt & Housig with Genemf Ftmd so m notto uxai:^_a the depanment. Interim Chief Szecudwe O:Lcer Tulloch provided a Srief overview of Cte es'.ima<cd Ciry budget shorans, vod>Ln that pwple were azlung abort the loan berveen the RDA end pe General ELnd and wtsther where uv a way rhm the 3DA could somehow repay pan ofi:baek Diceamr Sale oHexed azsatmm,- frov the CVRC D}errors to vfis'. rsff is wh¢tever way medd aDJOLRLTrtEVT _ At ].i3 p.m, Choir Lewes adjocxed me meecng m the Aemilar Meenng of Ianuary 8, 2009 at 6-00 p r and voaa ma[tSe Decemoer ti, 2008 meeo-zlq had been oanw]eL Erie Goekert. Se etarv PeeeS of i CVRC-Kmxs-Dxember 11, 2pOfi ~-16 I RM^velopment corporation xovember lo, zoos RECEIVED city of Chde Virta NOV 1 0 2009 2]6 Four[h Ave ChNa trista, CA 9l9ID GhY®P0ff6E,1'u~Paa'Sd e~~surdc 8 n>al~„c~r RE: Opposivon To Project Tomn Pacific Recycling C,Wter (Case PCC-0B-0i-0) Hearing data of I l/13/2008 Q6:00pm We would tike to express our strong opposition to the above m®tioned mcyelivE rents adjacent to the Save-a-Lot-SYOre, which is 1«ated xmss from our pmpaty, Villa Tempm, located appmumately at TLird Aveuue a~ Palemw Sweet (seephu(os} Villa T®pm is a homrowaers azsocialion coasisdng of i6 individual mwv homes fimded in 1986. We currently pardapme intM city's rerycling effort as wr-have two G foetuhite containers deployed m owpropwty (see pictures) and have been highly successfWivthe effort. Webelieve that shoWdbe the pref ed method efpamcipaaon for resid~ntlal properties To bane a wRec%ov mute located veer a rommun3ry residenfiW complex like vtltz T pre enrowages fire freelmce collector roviolateowproperty righ6 ®dtrespass onm ow gouvdsm ewchofreryclables,azwehave expcrieviced inthepan and ® continue to expaievice. Indsd we im~talled entrance gates last yeaz to prevent these purple from entering ow property, which a[ times was at 2 am. 1o addipov to the violariov of ow secutrty, we also feel Wreatened bythe fact thaz these individuals imnmage then ow garbage which may include discarded sensitive documenss. Since the white emtainers aheadyhave Ne sorted recyclables, it is very easy far these purple ro access them wad r®ove the revs, bottles, and othwreryclables, which they can easily t~ inm cash by simply walkinn across the street These eazY Pickings provide ¢rem mrenrive fu these individuals to trespass onto owpropem. We expect the city's support in protecting our propnty. The second reason we opposethe recycling cents haz to do wiN therzsan given for the project that being tbaz the sursouvding supermarkets (ofwfrich there are 6 neazby) and other scores which axe required m comply wirh We Aecyclig Center Act (AB2020), have decidedihey don't want m inconveWence themselves wiN havutg to aeate av inmke and stmage,vea inside rhea notes. Thus tl»s cevm will allow the to comply with the law, but they don't realize they are doing so by creating problems for the residential propwdes iv the azea Arerycling center ofthis magnitude goes bryond the reazortable siu efwfia[ otherwise woWd be a small arcs inside each estabtiahmen[. ~ We expect dre city's ppartin protecting awproperty. Yours trWy, n ei/C aura[, President on bebalf of Recycling Center Suaotmding Arta Palomar St and9 re.-Villa Tempm HOA ]-1] - ~ / ]-18 Recycling Center Suerowdige, Area PalomffiSt a~ 3'° Ave.- Vr~,i TempmHOq ~ ~- 2i4Palomar Street CLWe Vista, CA 91911 619Ai6.8060 Park PalomarAp u~'C~-,D~ ~~ ~ _UL 24208 IWyzz, zoos ~ a~NN~NG J City ZOWng AdmiWmator of ChWa Vista G'o Nlicbael W. Walkeq Project Planner Plzuning and Building Deparmeay public Sernces Building 296 Famth Avenne Chnla Visq CA 91910 RE: Case Number PCC-OS-030/A 13] -12Ird d -:N . Lotmg Adtamtstmtar'. I manage a large apartment pmperry ed)acentm the recycLvg oev!er cturenflv being © pmred4dy business avd my residents Lave been negatively impacted by therecent locanoa`ofthe mc}eWg center in Ne north parkivg lot of the Svve a Lot store Smca tfie wove to the eaatside oftLis toy my residents Lave had ro endoce a gear ' deal of discomfor~. There are offensive odors that waft over from the trash and due tpc: Omer ofthe wnt°s that wiaaze nvd defwate against Ne xall edjawvvothe :.apvaoents. In addition, there is un;easoaable noise from the glass smashing and ' ' ' crazhine v well as the fie_pang andyetlivg that ocews betwcea the customers oftlae center. The customers ofthe caviar Wso use my property as a stopping point to dump rhevtrash all ow_r ffie Baas to son it vut prior to bdngng3 to Cte center. TLey leave Their shoopfop cans on my-cwb appeal ereasin frwt because ihe)~ are notallowed m ' bring them on the property ofNe centea I have io;t residents because ofthe rinse pmximiry of the centm to my apamaems and rill continue to unless tvs is resolved I bate implored the propem management oftLe Save-a lo; ta the spirit ofbeing a good neighbor, ro relocat the center to the west most silo ofrhe¢ mah lot when rLere is mom, but they refuse. Please remove tlu;burden from my senior citizen residents znd the uweasonable iaterfirenw iffias xith my abiliry to condom business. 7-19 ._ .~~y zz, zoos Page: 7-20 General Manager 7/23/2008 ® T ~~'3@A.x~as'~ 1 8ubiett: re- Janet conditional use ermit Dear Mr..Walker, I am at your request Submitting my written complaint about the re-planet recycling center located @ 1315 Third ave c.v ca.91911. my name is Colleen Daley antl I live at 286 Palomar st(accross the street from the Palomar st. entrance to save-alot . I have lived here 5 going on 6 years and 1 have witnessed the kind of people this husiness attratts. since the first year the re-planet was operating at this address. there are 13 to 20 homeless people who frequent this location on a daily basis. These homeless people steal grocery carts from Target,rite-aid ,cvs pharmacy,wallmart,walgreens are just some of the carts I have seen in the Save-alot parking lot and up and down the sidewalk.The homeless people leave there trash in these carts so no-one will take the carts from them . The cart collectors wont take any trash out of the carts due to needles found in [hem and other drug paraphernalia. In the meantime carts are sometimes scarce. These homeless people steal from yard to yard. I saw a homeless owned pick-up truck out side the re-planet one night about 10 pm .1 called the police but they didn't find anyone at the truck and left. The next day when 1 woke up and looked out the window I saw police at ® the re-Janet had been broken into. Union bank has been broken into. the Mailbou located on the sidewalk between save-all an rte-aid has been broken into. I had to get a goose to protect my yard, as a deterrent to homeless sleeping in my yard but they still got in until I had [o put up livestock fendng to keep my geese in and the homeless out. 1 went to a city council meeting on 6-07 and asked for the removal of the re-planet but nothing was ever done about it. 1 went as far az calling Michael Turko at KU61 news and he did a story on the re-planet. Again nothing . I believe that the re-planet needs to be re-located not renewed !!!!!!!!!! I believe we should move the re-planet to the police dept. parking lot so the police have a grip on the re-planet and the drug abusing and alcoholic, trash collecting ,thieves who will steaf your reryc(ables . I have chased them away from my recydables can. Doesn't that mean they are stealing from the dty? or the state? lease reconsid ene the re- pl ek 1 t p to Please remns er t e re-planets condional use P t9 gh 8 Slave a copy of this a-mail to my Sent messages folder REt;~~V.1-K S ~fS2 ~CJL(YL (t ~-Q U~~C-~ run 2~fdde SIC~l2a'dtcn~ http://mail-sg3.msntv.m3rt.,:om/ap /mail/w mat... Pagel/1 ~iz~~~j4~1_!©2Jr~t rr. der -~c ~~ racy ls, zoos J;y~ ~~ ~ l~'`;~ Miebae~ w. way, r~eaz Plamw Jul 2 1 20Ga Ciry ofChda VismPhing and Bvildivg/PvbAc Services 2'16 Foaxth Ave P~-ANNNG Chiila Vista, CA 91910. RE:Oppositiov To Project RePlvvet Recycling Center (Case PCG08-020) We would hke m express om mmg opposiric¢ m the establishment oftbe above mentioned reryclivg teener adjac®t to the Save-a-Lot-Score, which is located aaoss from owproperry, Villa Tempm, tocazed appmximamly at Tbvd Avenue and Pa]omw Sheet Villa Trmpmis ahomrowmers associatie¢ coasisting of 36 ivdividnal mwn homes fonvded in 1986. Wecmxentty partiapate i¢the aty's xecycli¢g effort as we have2f t white containers deploy<d i¢ ot¢property and have bee hugely successfiil mthe effort. We believe that should be the prefeaed method ofpardcipatim fox residential properdes. ie have a coflxtion renter locac d ¢eaz a rnmmtmiryzesidentiat complex Uke VIDa Tempm ewovmges the freelaace coilemoxs to violate ow property rippss and hespass onto ow gxomds m sesch ofreryclables, as we have experienced iv the pace Indeed we uvnalled entmvice gates lay[ vwto preve¢[flar.,e people from entering ow property, which at times was az 2 am. We expeathe city's support m pmmetivg omproperty. Yours truly, The eemdmts of Villa Tampxa ROA (1 Tam OA, Chula Visre, CA, 91911) /fir Ip... c ~ ,~,~ .~ ~~ , ~ ~~~ ~~~ . ~~ ~ ,c~~ ~~, ~~ ~ ~~~~~ b1z~ r °rb u6. ~-zz '~ :~ 1-23 3elp me get the ]3ePlanet relocated. If yon would tike to see the Replauet relocated pleasesign This petition. I will submit tltis petition to the City ® Counsel meeting in December The RePlanet is located on the SaveALot parking Ict. Site address: 1315 Third Avepu~ChulatVista CA 91911. tic ~ ~Y~- r;~sr VAhn ADDRESS PHO~E# "S " ~ti q 'x~~ ~ a. „ r M ou , a ~ k'. »..,. ~ s ~'>~~ . ~ ~ La ~ '~' 'y~~' A ~rii''~~'Y..'n'" w ~ ~ e d~~1 ~ ~~k. ~ K +~ m p`y ~ 4~'x ayY y'J ~ t S ~ X ~ !~ .?a '3h~ ~~ ~~ v ~ 3 ~ s..~ ~~y~ 7.. _ ~u3C~. #r .~ V~ ai.~v I ~ .r~~' r I ~ r ~ I ~i ~ _ a ~ . %' ~ t 4~ rte' ~ R tmf of C/4~ ~ } k" ° . v ~ ~.~.~r d ~ i Si acted quiere cer RePlanet eambiado de Wgaq por favor firme esta peficibn. Estas firenas van a cer presentadas en la Junta Consejera de la Ciudad en Diciembre. RePlanet es Iocalizada en el estacionamiento de Save-A-Lot. ® Direcci6n: 1315 Third Avenue, Chula Vista, CA 91911. l l_ a l- o s' b~szl-12 ~µ~lp ~v~-~~~ ~p~a~te(acc~~2c( If you would like to see the RePlanet relocated please sign this petition. 1 will submit this petition ~' to the City Counsel meeting in December. The n ~L RePlanet is located on the SaveALot parking lot. . ,mot ,n~nrno ra-~nl~loSC ~InFntio~ ~'~ ~Ss ~,- a 4 C~~ ~ ~5 9~~s ]-26 Help me get the RePlanet relocated. If you world like to see the Replanet relocated please sign this pe&tiou. I will subntit this petition to the City Counsel meeting in December. The RePlanet is located on the SaveALot 0 pa ug lo[. Site address: 31~ T r venue, Chula Vista, CA 91911. Help me get the Replanet relocated. If you would like to see the Replanet relocated please sign this petition. I will submit this petition [o the City Cotmsel meeting in December. The Replanet is located on the SaveALot S p~g 11~o+.t,H,~c~'T1te addr ss: 13li Third avenue, Chula Vista, CA 91911. NA'v~ • tiLuAlL , ~:-fa HA (~ P' ~ ~ ~~~ ~aRESS ~QK~ nwnsFa Help me get the RePlanet relocated. If }ou would like to see the Replanet relocated please sign this petition. I will submit this petition to the City Counsel meeting in December. The RePlanet is located on the SaveALot pazking bt. Site address: 1315 Third A~pv~egnue, Chula Vista, CA 91911. ~'x~ff ~ ~~~ ~sSY' '~441'U~'~- eam~e: Help me get the RePlanet relocated. If you would like to see the Replanet relocated please sign this petition I will submit this petition to the City Counsel meeting in December. The RePlanet is located on the SaceALot parking lot. Site address: 1315 Third As'enue, Chula Vista, CA 91911. TAB ADDRESS -HnVFd RESOLUTI01~ V0.2003- RESOLUTION OF THE Cll'Y COUNCIL OF TFiE CITY OF CHLl.4 VISTA AFFIAAfMG THE CFiULA VISTA AEDEVELOPh]ENT CORPOR4TI0~'S ACTION DEFY [NG COAUITIO~'.-li. USE ?ER~VT (PCC-0&0'_Oj, TO OPZR4Tc A S114CL REPLANET RECYCLWG BUY BACK CESTER LOCATED AT 1311 THIRD AVEpUE IN THE CITY OF CHULA 4lSTA WHEREAS, the pnrwl, which is the subject matter of this resvlmiaq is reprcsevted in .4aachvem 1 anached harem and mcoyorated herein by this reference, avd far the purpose of gevcW descdptiov is located vt 131> Thud .4cevue. C`_aa Visu; s-d NHEREAS, ov Mazch 2'1,1008, a duly verified applicetiov far ¢ CovditiovW Use Permit (PCC-08-020) was filed with the City of Chul¢ Vista on behet£ of TO_~dRA Pacific, [ec. ('Applicant') m ov cvNing bcy back cc.¢r consisrece of n.o 8' x 20' rolhoff wnuivers and a small buildivg fxpade uszd w collect rmyclable i¢ms that gtalify for CRV (Celifomia Redemption Value) at the voith parking lot of the Sava-a-Lot store, located et 1315 Third Acevue ("Project"); and 0.TffREAS, the Pcojen has b wed (ar complianec w w dte CaEiomia ® Emirorwevul Quality .4a ("CEQn') and based on mis review the Emirorunental Aesiew Coordinamr determined char me project qusifes for a Class 3 categorical exemption pvsnant to Section L303 (aew conzmcuon or c verziov of small st ayes) ai the Sure CEQA GW deletes. Thus ao further earimvmental renew is aezessary; a-d WHEREAS, a hcsing time and place was set by Ne Chula Vista Redeveloomem Corporation ('CtRC') for consideration of the Project aid nor'ce of said hearse, together with its purycse, waz gi.en by is p~_iiicadpn tr. a aexspse: ofgmeml :imulaiov'm ;Fc Cin. std is nailing to property owners and residents w;WW 500 &et of the exmdor boundaries of the prope:[y, at least av (]0) days pcior m the hearing; and _ R'!iEREAS.:he C\RC held a detr ned<cd R ^lic *_eariie :o covidr. said applicaon at the tine and place az vdverused, namely Favembec li, 1008, et 6:00 F.v. m W< Cvuvcil Chambers, 2"16 Fowda .4verae, befom the CAWa Vista Redevelopment Corporation. Said hearing was opened and covdvued az aques¢d by u1e Applicaa; end W'kIEREAS, the CVAC held a dWy rocked pvSlic hcarivg :o consider said appGca:ien at the time and place as advertised, n mely December lt, 2008, az fi_00 P.v. in the Coundl Chambers,176 Fo•.rM:avenue, and said hcuin¢ waz dtema5er closed, aid the CVRC vosd 3-0- niu ace CtRC Eoa~d Members ebscv_ to levy said ConStlevW Use Pe.~mit whose 2sision waz appealed by dte .4pp!icmq and ® W}iEAEAS, the City C!e:k set the rime and place for the vublic hearing on the appeal; end vouw of said heawg, meether with its ptvyose, wss eivev by its pcbGcanon ~n a newspaper of genets cucula:ion m :he Cit}~, (¢ maiiL :a p:oczq~ owes xrhiv :OO:ee: of the an^o: bowdary of the pcojeat sire az lent I O days prier co chz hearinv; zed 7-31 CC ftesoludan 2009- Page? WREREAS, vhe Chula Vista Ciry Comcil held a duly notired public heacivg [o covsidzc >id z?Pea! a; Ne dme zad platy zs zdrertiseC namely Jz~uarv' 1]. ?009, z: 6 40 ?.-:. ¢ Sa Council Chambers, 196 Fomih venue. said hearing xas memaflec dosed. NOW, THEREFORE, BE II ABSOLVED chm she Chula Visa Ciry Cowcil does hereby find, deeerine. and resolve as fo!b.vs~. The appeal of Covd§iecal Use Perait (PCGOS-02D) u herby denied bawd on the folloxivg Findings of Fact in accordance xdvh Chula Vista Municipal Cade Section 19.14.080: 1. That the proposed a a[ [his loeadon is not xecessary or desirable [o prm'ide a r tacJi[y which will ronnibute to the general well being of vhe e ehborhood or the rommunirv. Lie Pcojca is undesirable i~ the area because mavv residenss adjacen[ m, and witiLn fie csity of dte meycliyv cenrer have pcesenced evidence that aaosievts who loiter sound ;he comer bring azd leave shoFPing cos, vespzss, rummage through vuh recePssdes. and smal :enelahie items Sam pmz:e propr..y. Aesidees nave coiled the Poli:e Ueparvnent sevecal times to the area because the evidence indicates that these incidences e asseaioced with the recycling center. The epplicanv searched for other potevf~al bcations in other commercial ar:d industrial s as away Evm :esiden:ial areas, .m so:eonuers aed land!o:CS would n consider esitiag ue rrvclivg c< er on [:^. ' property. Based on this, the Projen would negatively conmbua :o dre general well beiig oEthe commuvry. _. That such usewill,vntler vhe cirtnms[av<es oRbe particulvr case. be detrimev[alm [he heal[h, safer. or general welfare of permns residing or working in the vitlniry' or injurious to property or improvements in [Le vicinity. The Ftajea will be a de-in:at m [he sidees in tEe arez Sewus< of as conr,~:z! nagatla anivities associated with she cecydive center ivduding oAcnsivc odors Sov. vzsh and vansients urinating and defecating agavst the wall adjacent co [he apartmens:. amble raise from class smashing and rnishing; tiehcivg and ve11L~g amocg vansanu; vesh dmnped on residendal p:opern'; a a[s leav-~g sF.opnu- ca.^s ale :e [he etrb in Iran[ of the adjacent epervnen[z va~siems'trespazzing on ¢sidrntial property w search otnecydable items; and seeuriry concerns. 3. Thal [he proposed use will comply with the regulations speciled in the code for such The &oject and its loeetiory complies vnth she applicable w°wlativns end s~andazds speciEed iv the Municipal COde foe recy-clivg centec use. Although the use complies wiS: sll Cio~ zoring sd building m~aaiors, -Ws is a dine; e;ionzn- aNon, z- a pm of Ge discretiovan' revs aspects of We Pcojer, mus: be considered including potea:ial ]-32 cc ResdFrdov zdo9- Pzge i impacts to the health, szfen and cell being of persons living wd working in thx vicLain'. As stared in Findings 1 and 2, the Project is a detrimem to 3~e sunowding commuNn. Thal denial of this Condi[ional lse Permi[ will no[ adversely vRecr the General Plan of the Clry and the Urban Core SpecSC Plav. Nthvugh the Project conforms to the Ciry of Chula Visz Generzl Plan and Zoning OrdL~wcq the Project con9ids with General Plan Land Cse and Transportation Elemzm (LLrr) Objada 55, 'R<.i'slim zvi Finaa exinwz stable nsideail neighborhoods i the Svuthwen PtaaNng Mee from adverse land use impaaK' and LUT Policy 3i.J "Focus on hiaonc Preservation, safety and secnriry; znd code enforcement efiorcs uirlen ° icr.SOrhoods i^:he SvvCSes: Plaaivg d:ea" The P: ojm impacts Obiecu.e?5 bee se the asidems are srbjected m venous vetions and activities, stated in Find'ma 2, be ransievts who frequent Ne recyclin6 cemer and Ne snnowdme arez. Tne Project o impacs ?vlicv i:A "xause d:ere F.ave been mzy calls for service far Chula Fss Police respon>e be msidenss to investigate disnrbances, and hes impacred Code Enforcement edora m bring the Prnject into compliance. PRESEFTED BY: APPROVED AS TO FOIL~IBN Gzry' Ha:bzr. /.~~B / '°st Deputy Ciry ManegcrlDevclapmevt Ciry A[o. ~A Sernees Dvector U wpm.rn,.«ns..axin=n...~i.,rrew¢ex..e-~.ro.ec.~a.e_m. 1-33 CITY COUNCIL AGENDA STATEMENT ~~~~~ CITY OF '~" CHULA VISTA 1/27/09, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL AUTHORITY (CHSRA) HIGH SPEED TRAIN ALIGNMENT, SOUTH OF THE SANTA FE STATION IN SAN DIEGO TO THE~~:.H BAY REGION SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~`+e, t REVIEWED BY: ASSISTANT CITY NAGER S j CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY Established in 1996, the California High-Speed Rail Authority (Authority) is the state entity responsible for planning, constructing and operating aHigh-Speed Train (HST) system serving California's major metropolitan areas. With the certification of the Statewide Final Program- Level Environmental Impact Report (EIR)/Environmental Impact Statement (EIS), the Authority has begun implementation of the 800-mile high-speed train system serving Sacramento, the San Francisco Bay Area, the Central Valley, Los Angeles, the Inland Empire, Orange County and San Diego. The HST alignment presently being studied terminates at the Santa Fe train station in downtown San Diego. The City would like to pursue studying extending the alignment of the HST into the South Bay. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the Califomia 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 environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 8-1 1/27/09, Item~_ Page 2 of 3 DISCUSSION Over the last 10 years, the Authority has completed the studies necessary to prepare for the implementation of high=speed trains in California. The findings indicate that high speed trains improve our travel opportunities, create jobs, remove greenhouse gases from the air, save energy and the economy in general. Voter approval of Proposition lA on the November 4 ballot provided $9 billion in bond funding for the 800-mile statewide HST network and $950 million to finance capital improvements to commuter and intercity rail as well as local transit lines that will connect existing infrastructure to the HST system. The following discussion was taken in part from www.cahi~hspeedrail.ca.~ov. The proposed system stretches over 800 miles and would connect San Diego, Los Angeles, the Central Valley, San Francisco, and Sacramento. San Diego would be connected from Los Angeles via the Inland Empire. High-speed train (HST) service along the Inland Corridor would parallel Interstates 215 and 15 and extend south to downtown San Diego. HST service on the coastal comdor would extend no further south than Irvine, as a result of environmental constraints along the coast and in coastal communities between South Orange County and San Diego. The high-speed train system would lower the number of intercity automobile passengers on highways by up to 70 million annually. What's more. it will cost less than half the cost of expanding freeways and airports to meet future intercity travel demand and would eliminate the need to construct 3000 lane miles of highways, 91 airport gates and five additional airport runways. High-speed trains will be capable of maximum speeds of 220 miles per hour with an expected trip time from San Francisco to Los Angeles in 2 hours and 40 minutes. Forecasts indicate the system could potentially carry over 100 million passengers per year by 2030. What makes high-speed trains so safe? High-speed trains are considered to be the safest and most reliable form of transportation. High- speed trains operate on grade separated tracks designed for high-speeds. Most train accidents are the consequence of passenger and freight trains using the same tracks and with a signaling and switching system that depends on humans. Approximately 87% of California's 800-mile route will be on new completely separate track reserved for the exclusive use of high-speed trains. The key distinguishing reasons for the near perfect safety record of high-speed train travel in Europe and Asia are summarized below. (The California High-Speed Rail Project will incorporate all of these safety features, building upon the proven safety and design criteria used for existing high- speed train systems in Europe and Asia): The entire high-speed train system is fully access controlled and grade-separated (there are no at grade crossings with roads, pedestrians, or other rail services), eliminating pedestrian and motor vehicle conflicts. The high-speed train systems are completely double-tracked with additional tracks at intermediate stations to support express operations. The trains are centrally monitored and controlled, effectively preventing operators from making serious errors, stopping or slowing trains automatically in the event of external problem such as earthquakes, objects falling on the tracks, or gale force winds. High-speed train traffic control and communications systems are state-of-the- 8-2 1/27/09, Item Page 3 of 3 art, regulated, and managed during all hours of operation. These systems monitor and limit the train's speed, schedule, routing, and headway (following distance behind another train). These systems, combined with the operator, have integral redundancy and ensure safety. • Heavy, conventional freight trains do not share infrastructure designed for high-speed operations. • High-speed trains use a cab signaling system that transmits commands directly to the driver. This technology makes high-speed operation possible in darkness, rain, and fog. In Japan, even moderate snowfall does not slow the Shinkansen because of special ice-melting equipment built into the rail bed. • Unlike aircraft, high-speed train systems are not subject to turbulence. Passengers may sit without seat restraints and may stand and walk comfortably even at maximum speeds and around curves. DECISION MAKER CONFLICT 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 the subject of this action. FISCAL IMPACT There is no impact to the General Fund as a result of this action. ATTACHMENTS 1. California High Speed Rail Authority Flyer Prepared by: David Kaplan, Transportation Engineer, Engineering Dept. M: IEngineerlAGENDAICAS2009101-27-091CHSRA CAS 1-I 5-09 dek.doc 8-3 ATTACI-~rt~NT ~ CALIFORNIA HIGH-SPEED RAIL AUTHORITY -' A Better Option for Southern California .With voter approval of the high-speed train bond in November 2008,construction is likely to begin as early as 2011 on an 800-mile statewide system of high-speed trains that will move people and goods like never before. California High-Speed Train Proposed Route Sacramento fhe Problem;: Congestion ;;r California's population will grow to 50 million people in 20 years, much of it in Southern California. Already, Southern California has two of the top five most congested urban areas in the United States-Los Angeles and San Diego. Traffic congestion costs California $20 billion per year in wasted fuel and lost time. California is the 12th largest source of greenhouse gases on the planet. i& 41%of California emissions come from our transportation system. +v High-speed trains will reduce congestion on freeways and surface streets by creating high- speed options for travelers, improved freight movement and enhanced local commuter transit. _= Los Angeles International Airport is quickly reaching capacity. Heigh-speed trains are the best means for moving passengers to and from the Palmdale and Ontario airports. High-speed trains use 1/3 the energy of air travel and 1/5 the energy of auto travel. t High-speed trains will reduce dependence on foreign oil by up to 12.7 million barrels per year. 8-5 SanFrancisco Transbay Stc Terminal•..oawan° ~ Millbrae-SFO ~. Redwood City ~: or Palo Alto San Jose Diridon Gilroy • "High-speed rail holds the potential to be a viable alternative to driving, to help reduce traffic congestion, improve air quality, and make getting to and from the airport easier for everyone." Los Angeles Mayor Antonio Villaraigosa High-speed trains will eliminate over 12 billion pounds of the greenhouse gas emissions that cause global warming each year. That's equivalent to removing more than one million vehicles from our roads annually. s;~ High-speed trains will be separated from all crossing auto and pedestrian traffic. and the system will be fenced to prevent intrusion. High-speed trains will not share tracks with freight services, but will be immediately adjacent to existing tracks. ~ckton ' Downtown ' Modesto Downtown Merced Fresno Visalia/TUlare/Hanford (potential) • Bakersfield Palmdale Airport Sylmar - Burbank -~ Industry Ontario Airport -LOS Angeles ~ ~ '- f ~. Riverside Norwalk ~, .Anaheim ~. livine ~ Murrieta '. HST Preferred Alignmen65 Pmpesed High-Speed Commuter Rail /HST Overlay ~ Stations ~ Potential Station Map oYSetl On 3005 $Ifl[dviltln P,o~,ammtltic t Nut anN eo3rtl caeen c ly, 2ep""/ 1aWn Los Angeles Union Station to Orange County The existing rail corridor will be used to bring high-speed train service to Orange County with a terminal at Anaheim (ARTIC station), and later could be extended as far south as Irvine with a station at the Irvine Transportation Center. Los Angeles Union Station to Riverside and San Diego Existing rail corridors will be used to bring direct high-speed train service from Los Angeles to Riverside with links to stations at Ontario Airport and Riverside. From Riverside to San Diego, the system will follow the I-215/1-15 freeway corridors with a station at Murrieta/ Temecula. To bring the trains to the heart of downtown San Diego, the train line will use the existing rail corridor immediately adjacent to the existing rail tracks. Los Angeles Union Station to Palmdale Direct high-speed train service from Palmdale to Los Angeles with multi- modal stations at L.A. Union Station, Burbank, Sylmar/San Fernando and Palmdale Airport. . ,.., TY8V01 ROUte TravemTnine ~a,~,,. Anaheim to San Francisco 2:57 Los Angeles to San Francisco 2:38 Los Angeles to San Diego 1:18 Burbank to Bakersfield :49 Ontario to San Francisco 3:02 Riverside to Merced 2:11 Anaheim to Modesto 2:09 Anaheim to Sacramento 2:36 Riverside to Palmdale :59 San Diego to Sacramento 3:35 San Diego to San Francisco 3:56 "A 20-minute high-speed train ride from Anaheim to downtown Los Angeles is a great way not only to relieve traffic congestion on freeways, but to also address future needs." - Anaheim Mayor Curt Pringle CALIFORNfA HIGH-SPEED RAIL AUTHORITY 925 L Street, Suite 1425, Sacramento, CA 95814 www. cah i ghs peed rai I.ca. gov RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE EXTENSION OF THE CALIFORNIA HIGH SPEED RAIL AUTHORITY (CHSRA) HIGH SPEED TRAIN ALIGNMENT, SOUTH OF THE SANTA FE STATION IN SAN DIEGO TO THE SOUTH BAY REGION WHEREAS, the voters in the State of California passed proposition lA supporting the issuance of bonds for a high speed train/rail system that runs from San Francisco to San Diego; and WHEREAS, the State of California High Speed Rail Authority has begun to solicit input on the route the high speed train will take; and WHEREAS, current plans for the high speed train are currently planned to terminate in downtown San Diego; and WHEREAS, this high speed train will act as an economic engine offering alternative transportation for tourist and employees alike; and WHEREAS, South San Diego County has tourism amenities, over 7,200 private sector firms providing jobs to 88,600 residents; and WHEREAS, South San Diego County is the location for the busiest border crossing in the world, is the site of a newly approved port of entry and is the location for the proposed cross border terminal. THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby support the extension of the California High Speed Rail Authority (CHSRA) high speed train alignment, south of the Santa Fe Station in San Diego to the South Bay region. Presented by Approved as to form by Richard A. Hopkins Director of Public Works ~ 1~fr~zy Bart C. Miesfe City Attorney 8-8 CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMEN1, ~Vf=. CITY OF ~ (HULA VISTA JANUARY 27, 2009, Item~.' ITEM TITLE: CONSIDERATION OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2008 DIRECTOR OF FINANCE/TREASURER~ CITY MANAGER SUBMITTED BY: REVIEWED BY: SUMMARY Presented for City Council and Redevelopment Agency inforn1ation and acceptance are the Audited Financial Statements for the fiscal year ended June 30, 2008, as prepared by the independent audit firm of Macias, Gini Cind O'Connell, LLP. The audit reports submitted for the City and Agency have received unqualified (clean) opinions from the independent audit film. 4/5THS VOTE: YES D NO 0 A representative from Macias, Gini and O'Connell will be at the meeting to make a brief presentation to the Audit Committee. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Enviromnental Quality Act (CEQA) and has detern1ined that filing of the audited financial statements 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 envirom11ent; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMMENDATION Council and Agency accept the fiscal year 2007/2008 Financial Statements. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION Pursuant to the City Charter Section 1017, an annual audit is perforn1ed of the City's financial records by an independent accounting finn. The reports are included as attachments. The independent auditing finn of Macias, Gini and O'Connell, LLP has examined the general purpose financial statements of the City of Chula Vista and the Redevelopment Agency and has issued their opinion that those statements "present fairly, in all material respects, the financial position of the City as of June 30, 2008 and the results of its operations and cash flows for the year then ended in conformity with generally accepted accounting principles". ~ / r--/ January 27, 2009 Item q Page 2 of2 The audit did not result in any material adjustments to previously reported year-end figures for the General Fund. The General Fund available fund balance was verified to be $9.3 million as of June 30, 2008, a decrease of approximately $1.1 million from the prior year ending balance of $10.4 million. This reserve level represents 6.1 percent of the operating budget as compared to the Council policy minimum target level of 8 percent. The Government Finance Officers' Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Chula Vista for its comprehensive annual financial repOlt for the fiscal year ended Jlme 30, 2007. In order to be awarded a Celtificate of Achievement, a government must publish an easily readable and efficiently organized comprehensive annual financial report. This report must satisfY both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current comprehensive annual financial report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to the GFOA to detennine its eligibility for another certificate. DECISION MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code ~ 87100, et seq.). FISCAL IMP ACT There is no fiscal impact to the City/Agency/Authority from this action. The contract for audit services totaled $90,000 for the year reported. A TT ACHMENTS Attachment I-Fiscal Year 2007/2008 Comprehensive Annual Financial Report Attachment 2- Fiscal Year 2007/2008 Redevelopment Agency, Basic Financial Statements and Auditor's Report ~--.L The attachments to this report will be delivered under separate cover. ?-..;j JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 P, 01 l/ddJ .;; onJ I r)"rvrrn.::d-crm , . 1-I-e-1''n rr Jackson I DeMarco I Tidus Peckenpaugh 2030 Main Street, Suite 1200 Irvine, California 92614 tel 949.752.8585 fax 949.752.0597 www.jdtplaw.com C) ("") ~ -- --4,--4 -<-< :::0 (":')0 ,~ fT1 r- "T1 ~ () m("") :z :::O:J:: N fi1 :::-:;c N - V)r- < oJ> v III -,,< w CJ -q-- ---V) C)--.;' Ui r >..~l ~t-..:'!:~ 0 A LAW CORPORATION FAX COVER MEMO PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE Date: November 21,2008 TO: Name: Donna Norris, City Clerk Company: City of Chula Vista Fax Number: (619) 585-5774 Phone Number: (619) 691-5041 Number of pages, including this page: ~ PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY. Please call 949.752.8585 and ask for the Fax Center FROM: Name: File No: Client: Matter: Paige H. Gosney 6115 48452 Tomra Pacific, Inc. COMMENTS: Please see the attached correspondence and distribute accordingly. Original will follow by U.S. Mail. Thank you. CAUTIONl CONFIDENTIAL! THE DOCUMENT BEING TRANSMITTED TO YOU MAY CONTAIN INFORMATION PROTECTED BY Tl-IE ATTORNEY-CL!ENTIWORK PRODUCT PRIVilEGES, It is intended for the person to whom it is addressed. If you are not tile intended recipient or an authorized agent, Ulen this is notice to you that dissemination, distribution or copying of this document is prohibited. If this was received in error, please call us at once and destroy this document. ~25262, I JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 P. 02 Jackson I DeMarco I Tidus Peckenpaugh A LAW CORPORATION January 22, 2009 Direct Dial: Email: Roply to: File No: 949.851.7638 pgosney@]dtplaw.com Irvine Office 6115-48452 VIA FACSIMILE AND U.S. MAIL Donna Norris, City Clerk Office of the City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Rc; TOMRA Pacific, Inc.; Appeal of Conditional Use PerlDit No. PCC-08-020 Request for 30 Day Continuance of January 27, 2009, City Council Hearing Dear Ms. Norris: We represent TOMRA Pacific, Inc. ("TOMRA"), in connection with its application for Conditional Use Permit No. PCC-08-020 ("Use Permit") to operate a small beverage container recycling and redemption center ("Recycling Center" or "Center") in the parking lot area of the Sav-a-Lot C'Sav-a-Lot") shopping center located at 1315 Third Avenue ("Site") in the Southwest Redevelopment Area of the City of Chula Vista ("City"). On December 11, 2008, the Chula Vista Redevelopment Corporation ("CVRC") denied TOMRA's application for the Use Permit, and) shortly thereafter, TOMRA formally appealed the,eVRC's denial to the City Council. The City Council is currently set to consider TOMRA's appeal at its meeting on January 27,2009. In preparation for TOMRA's appeal hearing, on December 22,2008, we submitted a request for documents under the California Public Records Act ("PRA") (Gov. Code, ~ 6250, et seq.) CPRA Request"). Although the City Clerk's office produced a small portion of these materials within the statutorily required ten day period, it is now less than one week before the appeal hearing and the City still has yet to produce all Or even a majority of the requested records. We believe that the materials requested are integral to TOMRA's ability to effectively present its case on January 27 and to provide the City Council with as complete and comprehensive a presentation as possible regarding the merits of the Recycling Center, and how/why the eVRe erred in denying the Use Permit. TOMRA would be substantially prejudiced if it were forced to appear before the City Council without having had sllfficient time to review and COll1ment upon these public records, especially given that the delays associated with receiving the requested materials are entirely attributable to the City's inability to assemble !1lld produce them in sufficient advance of the January 27 hearing. Irvine Office 2030 Main S~reet, Suite 1200 Irvine, California 92614 t 949.752,8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite ~OO Westlake Village, California 91351 t 805.230.0023 f 805.230.0087 www.jdtplaw.com . JAN-22-2009 THU 03:31 PM JDT&P IRVINE see FAX NO, 9497520597 p, 03 Donna Norris, City Clerk January 22, 2009 Page 2 For these reasons, and in light of the significant investments ofUme (6 years) and money involved in the application and appeal for the proposed Center (almost $15,000 in City fees just for the appeal alone), TOMRA respectfully requests that the City Council's hearing on the Use Permit be continued fOr a period of at least thirty (30) days. We appreciate your anticipated cooperation in this request Please send this request to the appropriate City departments for action, and feel free to contact us directly if you should have any questions or concerns about this matter. ''':'.; Very tnl]y yours, ~~ey ;;>" PHG/dt cc: City Council Cheryl Cox, Mayor Steve Castaneda, City Councilmember John McCann, City Councilmcmber Rudy Ramirez, City Councilmember Pamela Bensoussan, City Councilmember PI arming Director Gary I-Ialbert City Attorney Bart Miesfcld Michael Shirey . Citv Mana~er Jim Sandoval " . .. ~~ft- ::::.. ~ -= - --- Mayor and City Council City 01 Chula Vista 276 Fourth Avenue Chula VISta, Ca 91910 619.691.5044 - 619.476.5379 Fax ~o, .. 01Y OF CHULA VISTA MEMO January 21, 2009 RE: Lori Peoples, Senior Deputy City Clerk Lorraine Bennett, Deputy City Clerk MaYOrChe~ICo~ Jennifer Quijano, Constituent Services Manage$ GMOC - Education Representative TO: VIA: FROM: Mayor Cox would like to recommend Steven Lizarraga for appointment to the GMOC for the Education Representative. Steven will replace Stan Canaris. Please place this item on the Janua~ 27, 2009 Council agenda for ratification and schedule the oath of office for the Februa~ 3, 2009 Council agenda. Thank you. /~'>/C:>9' - ~: ~r3q;rClf'r:t' .,.!Q?.r /1p(- CCAIY~I.f/y ~ s-.eJ1..)e. 1f"J/"'I 0<7 cAu/~ U'ofq ,6(7<:w...l 7ab~I'<';.:s,g'o,1. -. II ~~~ =...~ ~ ---~---- - - Mayor and City Council City Of Chula Vista 276 Fourth Avenue Cnuta VISta, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO 01Y OF CHULA VISTA January 21,2009 TO: City Council RE: Lorraine Bennett, Deputy City Clerk Mayorche~ICox~ Jennifer Quijano, Constituent Services Manager~ Bio and application for GMOC - Education Representative CC: VIA: FROM: Steven Lizarraga has been recommended for appointment to the GMOC for the Education Representative. The ratification is scheduled for the Janua~ 27, 2009 Council meeting. Attached is the application and below is additional background information. Steven Lizarraga has been a resident of Chula Vista for the past 40 years. Steven has worked for the Sweetwater Union High School District for 25 years and is currently the Principal at Southwest Middle School. Steven earned his teaching degree and Administrative degree from SDSU and a degree in Biology from UCSD. Steven has been involved in the planning and development of new schools such as Otay Ranch High School, which he served as the Assistant Principal for three years when it opened. Steven resides with his wife and two sons.