HomeMy WebLinkAbout2009/08/04 Agenda Packet
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Cheryl Cox, Mayor
Rudy Ramirez, Councilmember James D. Sandoval, City Manager
John McCann, Council member Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember ,
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REGULAR MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
AGENDA
August 4, 2009
4:00 P.M.
Council Chambers
City Hall- Building 100
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: CouncilJAgency Members: Bensoussan, Castaneda, McCann, Ramirez, and
Mayor/Chair Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY DONNA NORRIS, CITY CLERK, OF EMPLOYEE OF THE
MONTH TERI RODRIGUEZ, SENIOR OFFICE SPECIALIST
. OATH OF OFFICE:
Mauricio Lopez, Youth Action Council
. PRESENTATION OF A PROCLAMATION TO HONOR VIRGIL W. WHITEHEAD
AS CHULA VISTA'S 2009 VETERAJ"l OF THE YEAR
. PRESENTATION BY LIEUTENANT LON TURNER, OF A PROCLAMATION
PROCLAIMING AUGUST 4TH AS NATIONAL NIGHT OUT IN THE CITY OF
CHULA VISTA
CONSENT CALENDAR
. (Items 1-6: Council, Item 7: Redevelopment Agency)
The Council/Agency will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Council/Agency ~lvfember, 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.
1. APPROVAL OF MINUTES of April 7, 2009.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Request from Deputy Mayor McCann for an excused absence from the meeting of July
14,2009.
Recommendation: Council excuse the absence.
3. ORDINA.N"CE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 20.04 OF
THE CHULA VISTA MUNICIPAL CODE BY REVISING SECTIONS 20.04.010,
20.04.025 AND 20.04.030, AND ADDING SECTION 20.04.040 (SECOND READING
AND ADOPTION)
Adoption of the ordinance establishes the policy framework for the City's new solar pre-
wiring and pre-plumbing requirements in Chula Vista Municipal Code's "Energy
Conservation" section (Chapter 20) and align the policy with the technical requirements
previously adopted by City Council in January 2009. The proposed code revisions also
provide clarification to the Chapter's purpose and terminology. This ordinance was
introduced on July 21, 2009. (Director of Conservation & Environmental Services)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENTS TO THE DEVELOPMENT IMPACT FEE
PAYMENT PLAN PROGRA1\1 AGREEMENTS ("AMENDMENTS") WITH OTAY
RANCH VILLAGE II-PC-l3, LLC, FOR THE VILLAS DE AVILA MODEL UNITS
AND THE CASITAS DE AVILA MODEL UNITS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENTS ON BEHALF OF THE CITY, AND
DIRECTING THE CITY CLERK TO RECORD THE AMENDMENTS WITH THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
On February 6, 2009, Ordinance 3120 became effective. The ordinance established the
Development Impact Fee Program, which allows the development corrimunity to enter
into an agreement to defer the payment of development impact fees. On May 12,2009,
by Resolution 2009-105, the Council.approved two Development Impact Fee (DIF)
Payment Plan Agreements with Otay Ranch Village II-PC-l3, LLC. After approval,
adjustments in DIF credits and land use were not accounted for in the original calculation
of fees. A recalculation of DIF fees to be deferred and amendments to the original
agreements are required. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
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5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RECON ENVIRONMENTAL, INC. TO SERVE AS THE OTA Y RAc"\TCH
PRESERVE STEW ARDIBIOLOGIST, AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT AND UP TO FOUR I-YEAR EXTENSIONS TO
THE AGREEMENT
On May 6, 2009, a Request for Qualifications was distributed to qualified biological
consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve
StewardlBiologist. Upon completing a competitive bidding process, the City selected
RECON Environmental Inc. (RECON) to serve as the Preserve StewardlBiologist to
manage and monitor the biological resources within the Otay Ranch Preserve in
accordance with the Otay Ranch Resource Management Plan. Staff has prepared a two-
party agreement with RECON for this service for Council consideration. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO APPLY FOR STATE OF CALIFORNIA
HOMELESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDS
AND EXECUTE ANY DOCUMENTS NECESSARY TO OBTAIN THE GRANT
FUNDS
The City of Chula Vista has the opportunity to apply for additional homeless prevention
funds through the State of California in a collaborative partnership with South Bay
Community Services and the Chula Vista Elementary School District. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council adopt the resolution.
Redevelopment Agency Item:
7. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE
AMENDMENTS TO A LOA..N' AGREEMENT AND A..N' AGREEMENT
CONTAINING COVENANTS BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA, At"\TD PARK VILLAGE
APARTMENTS, L.P. FOR PARK VILLAGE AFFORDABLE APARTMENTS
In 1994, the Redevelopment Agency of the City of Chula Vista ("Agency") provided a
$350,000 loan from its Low and Moderate Income Housing Set Aside fund to assist in the
development of 28 very low and low-income units at Park Village Apartments developed
by Park Village Apartments, L.P. Civic Center Barrio Housing Corporation ("CCBHC"),
as the managing general partner, has requested an amendment of their existing loan to
allow for more flexible loan terms. Staff is requesting the Agency's consideration of an
amendment to the loan to lower the interest rate, extend the loan period, and extend the
period of affordability. (Deputy City Manager/Development Services Director)
Staff recommendation: Redevelopment Agency adopt the resolution.
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August 4, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIc COMMENTS
Persons speaking during Public Comments may address the Council/Agency on any
subject matter within the Council 's/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
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.
8. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing, consider all testimony, and
adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS
RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED
PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
9. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
The Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. (Director of Finance)
Staff recommendation: Council conduct the public hearing, consider all testimony, and
adopt the following resolution:
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August 4, 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA'
ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES
AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AJID
APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE
NEXT REGULAR TAX BILL
10. CONSIDERATION OF APPROVAL OF A THREE-PARTY AGREEMENT WITH
RECON (CONSULT At"lT) AJID OT A Y LAND COMPANY, LLC (APPLICANT)
The applicant has filed General Plan amendment and General Development Plan
amendment applications for the University and Southern Otay Ranch Villages Project.
The Environmental Review Coordinator has determined that the proposed project
requires the preparation of an Environmental Impact Report (EIR). The item before the
City Council is a request for the City Council to approve the proposed contract with
RECON for an amount not to exceed $388,400 to provide consultant services for the
preparation of the CEQA required environmental documents for the proposed project and
an additional $97,100 for additional services should they be necessary. (Deputy City
ManagerlDevelopment Services Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A
THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
RECON (CONSULTANT), AND OTAY LAND COMPANY LLC
(APPLICANT), FOR CONSULTING SERVICES RELATED TO THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR
THE UNIVERSITY VILLAGES GENERAL PLAN AMENDMENT, AND
OTA Y RANCH GENERAL DEVELOPMENT PLAN AMENDMENT, AND
AUTHORlZING THE MAYOR TO EXECUTE SAID AGREEMENT'
11. CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID RECEIVED FOR
THE "PAVEMENT REHABILITATION PROGRAM (OVERLAY) FISCAL YEAR
2007/2008 (STL335B)" PROJECT PER CITY CHARTER SECTION 1009
On July 20, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program (Overlay) FY 07/08 (STL335B)" project. The work consists of
the removal and replacement of failed asphalt concrete pavement (dig-outs), AC
pavement overlay, and sidewalk improvement upgrade on various street locations in the
City of Chula Vista. Work on this project also includes cold milling, crack sealing,
replacement of traffic signal loop detectors, traffic control, striping and marking, and
other miscellaneous items bf work necessary for the project. The proposed action would
award the contract to Southland Paving Inc., and authorize the Director of PublicW orks
to expend all available funds to complete the pavement maintenance work.
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
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August 4, 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING IRREGULARITIES, ACCEPTING BIDS AND A WARDING
CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM
(OVERLAY) FISCAL YEAR 2007/2008 (STL335B)" PROJECT TO
SOUTHLAND PAVING, INCORPORATED IN THE AMOUNT OF
$1,812,152.86 AND AUTHORlZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
OTHER BUSINESS
12. CITY MANAGERlEXECUTIVE DIRECTOR'S REPORTS
13. MAYOR/CHAIR'S REPORTS
A. Update from Port Commissioner William Hall.
B. Council discussion of Council Aide position/s for John McCann during his
prolonged absence from the City Council.
C. Council consideration of Regional Committee Assignments that can be assumed
by Mr. McCann's colleagues during his prolonged absence from the City Council.
D. Council consideration of Deputy Mayor appointment through December 2009.
14. COUNCIL/AGENCY MEMBERS' COMMENTS
A. Councilmember Castaneda:
Consideration of adoption of a resolution supporting the SDG&E
emergency shut off plan.
B. Councilmember Ramirez:
Consideration of sending letters to the San Diego Unified Port District,
California Independent Systems Operator (CAISO), and California
Regional Water Quality Control Board, to convey the Council's unified
position regarding the removal of the South Pay power plant.
C. Councilmember Bensoussan:
Energy Subcommittee report and recommendations
Consideration of interim councilmember appointment policy
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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 office in accordance
with the Ralph M Brown Act (Government Code 54957, 7f
15, CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUAt'\!T TO GOVERNMENT CODE SECTION 54956,9(b)
.
Three Cases
16, CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956,8
Property: APN 644-090-04-00
City Negotiators: Scott Tulloch,. Michael Meacham
Negotiating Parties: City of Chula Vista, Apex Power Group, LLC, and J-Power
Development Co" Ltd,
Under Negotiation: Price and terms,
ADJOURNMENT
Council: to an Adjourned Regular Meeting on August 6, 2009 at 4:00 P,ill"
immediately following the Joint RDAlCVRC workshop, and thence to the Regular
Meeting of August 11,2009 at 4:00 P,M, in the Council Chambers,
Redevelopment Agency: to a Workshop on August 6, 2009 at 4:00 p,m" and thence
to its next Regular Meeting,
Materials provided to the City Council/Redevelopment Agency related to any open-session item
on this agenda are available for public review at the City Clerk's Office, located in City Hall at
276 Fourth Avenue, Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City ofChula 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.
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
April 7, 2009
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Bensoussan, Castaneda, McCann, and Mayor
Cox
ABSENT: Councilmember Ramirez (excused)
ALSO PRESENT: City Manager Sandoval, Deputy City Attorney Shirey, City Clerk
Norris, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THEDA Y
INTRODUCTION BY POLICE CHIEF EMERSON OF EMPLOYEE OF THE
MONTH, CHRISTINA TAFOYA, EVIDENCE CONTROL ASSISTANT
Captain Wesdge introduced employee of the month, Christina Tafoya. Mayor Cox read the
proclamation and Deputy Mayor McCann presented it to Christina.
PRESENTATION BY POLICE CHIEF EMERSON OF RECENT PROMOTIONS:
LIEUTENANT PHIL COLLUM, LIEUTENANT VERN SALLEE, SERGEANT
HENRY MARTIN AND SERGEANT CHRISTINE PENWELL
Police Chief Emerson introduced and recognized the recently promoted officers.
PRESENTATION BY MAYOR COX OF A PROCLAMATION TO TONYA
TOROSIAN, EXECUTIVE DIRECTOR OF THE COUNTY OF SAN DIEGO
CHILDREN, YOUTH AND FAMILIES COMMISSION, PROCLAIMING APRIL AS
"CHILD ABUSE PREVENTION MONTH"
Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Torosian.
Mayor Cox then recognized Graphic Designer Ryan Bethke who was present at the meeting, and
she expressed gratitude for his service to the City, since he would be leaving due to budget-
related layoffs.
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April 7, 2009
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DRAFT
CONSENT CALENDAR
(Items 1-7)
Councilmember Castaneda stated he would be abstaining from voting on Item 4. The item was
removed from the Consent Calendar and voted upon separately.
1. AFPROV AL OF MINUTES of December 9,2008.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
Letter of Resignation from Brett Davis, member of the Resource Conservation
Commission.
Staff recommendation: Council accept the resignations and direct the City Clerk to post
the vacancies in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2009-071, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA TRANSFERRING UNCLAIMED MONIES IN THE
AMOUNT OF $98,372 FROM THE CASH BOND DEPOSIT FUND TO THE
GENERAL FUND
The City currently has unclaimed monies in the Cash Bond Deposit Fund. The money
was deposited by the Police Department in accordance with Government Code Article 3,
Section 50050 provisions, which state that money that remains unclaimed for three years
may become the property of the City after certain advertising requirements are met.
Adoption of the resolution transfers $98,372 which is now eligible for transfer, to the
General Fund. (Police Chief)
Staff recommendation: CounCil adopt the resolution.
4 . Item 4 was removed from the Consent Calendar.
5A RESOLUTION NO. 2009-074, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING A PORTION OF THE SOUTH SIDE OF
BONITA ROAD LYING ADJACENT TO THE PROPERTIES LOCATED AT 36, 42,
50 AND 58 BONITA ROAD EXCESS RIGHT OF WAY, ORDERING THE
SUMMARY VACATION OF SUCH PORTION, AND DIRECTING THE CITY
CLERK TO RECORD ALL DOCUMENTS REQUIRED WITH THE COUNTY
RECORDER
B. RESOLUTION NO. 2009-075, RESOLUTION OF THE. CITY COlJNCIL OF THE
CITY OF CHULA VISTA DECLARING A PORTION OF CITY-OWNED BONITA
ROAD LYING ADJACENT TO THE PROPERTY LOCATED AT 50 BONITA ROAD
(APN 570-130-32) AS EXEMPT SURPLUS LAND
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April 7, 2009
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DRAFT
CONSENT CALENDAR (Continued)"
C. RESOLUTION NO. 2009-076, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE OFFER TO PURCHASE THE EXCESS
PORTION OF CITY-OWNED BONITA ROAD ADJACENT TO THE PROPERTY
LOCATED AT 50 BONiTA ROAD (APN 570-130-32) TO THE OWNER OF THE
PROPERTY AT 50 BONITA ROAD AND AUTHORIZING THE EXECUTION OF
ALL NECESSARY DOCUMENTS TO COMPLETE THE TRANSACTION
The owner of property located at 50 Bonita Road has requested to purchase an unused,
excess portion of City-owned Bonita Road lying between her property and the traveled
roadway. This area was left unneeded after the construction of the E Street Extension in
1963. In order to sell this land, Council is required to vacate the existing public access
rights and declare the vacated portion as exempt surplus land. (Public Works Director)
Staff recommendation: Council adopt the resolutions.
6. RESOLUTION NO. 2009-077, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A CHANGE ORDER FOR BROOKFIELD
SHEA OTAY, LLC FOR THE GRADING OF EASTLAKE PARKWAY PHASE 3
AND HUNTE P ARKW A Y PHASE 3
Brookfield Shea Otay, LLC has constructed' Eastlake Parkway Phase 3 and Hunte
Parkway Phase 3 in conjuriction with the development of Otay Ranch Village II
(Winding Walk). These roadways are within the Transportation Development Impact
Fee (TDIF) program, and therefore, eligible construction costs are credited against the
payment of TDIF fees for the development. The Phase 3 segments of the two roadways
were constructed using the same unit prices as the Phase 2 segments and are therefore
considered a construction change order. Change orders above $50,000 are subject to
Council approval. (Deputy City Manager/Development Services Director)
Staff recommendation: Council adopt the resolution. .
7. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 17, SECTION
17.10.100 OF THE MUNICIPAL CODE TO FACILITATE THE DEFERRAL OF IN-
LIEU PARK FEES
On.December 16, 2008, City Council approved the creation of a payment plan program
for development processing and impact fees due to the current economic downturn. This
action would allow developers to also defer Park Acquisition and Development fees to a
time later than the approval and recordation of the parcel or fmal map, or for
development that does not require a parcel or final map, later than permit issuance. The
purpose of the fee deferral program is for the purpose of stimulating economic
development within the Ciry of Chula Vista. Both fee deferral programs will expire on
December 31, 2010 and in no way relieve developers for fee obligations. (Deputy City
Manager/Development Services Director)
Staff recommendation: Council hold first reading of the ordinance.
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April 7, 2009
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DRAFT
CONSENT CALENDAR (Continued)
ACTION:
Councilmember Castaneda moved to approve staffs recommendations and
offered Consent Calendar Items 1-3,5 and 6, headings read, text waived. Deputy
Mayor McCann seconded the motion and it carried 4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4 A. RESOLUTION NO. 2009-072, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $444,000 FROM THE STATE OF
CALIFORNIA E-911 REPLACEMENT FUND FOR POLICE COMMUNICATIONS
CENTERTECHNOLOGYI~ROVEMENTS
B. RESOLUTION NO. 2009-073, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PARTICIPATING IN THE STATE OF CALIFORNIA'S
MASTER PURCHASE AGREEMENT #5-06-58-(11-19) TO PURCHASE POLICE
COMMUNICATIONS RELATED EQUIPMENT AND SOFTWARE
The State of California has a program to fund replacement of equipment for public safety
dispatch centers. Every five years, the City of Chula Vista is eligible to replace dispatch
equipment via State funds. The last upgrade to the City ofChula Vista's Police Dispatch
Center equipment was in 2004. (Police Chief)
Staff recommendation: Council adopt the resolution.
ACTION:
Deputy Mayor McCann moved to approve staffs recommendation and offered
Resolution Nos. 2009-072 and 2009-073, headings read, text waived.
Councilmember Bensoussan seconded the motion and it carried 3-0-1, with
Councilmember Castaneda abstaining.
PUBLIC COMMENTS
Juan Carlos Linores, Chula Vista resident, asked for staff s assistance on ways to lower his sewer
bill. Mayor Cox referred the matter to staff.
At 4:27 p.m., Mayor Cox postponed further public comments in order to address Item 9A, which
was scheduled to be heard at 4:30 p.m., time certain.
9A. MAYOR'S REPORTS
4:30 p.m.
Time Certain
COMMITTEE CHAIRS FROM THE MAYOR'S TASK FORCE FOR CREATING A
SUSTAINABLE CHULA VISTA NATURE CENTER WILL PRESENT THEIR
PRELIMINARY REPORT
Mayor Cox presented the preliminary report from the Mayor's Task Force formed to create a
sustainability plan for the Chula Vista Nature Center. She provided an overview and history of
the Nature Center and potential restructuring solutions.
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April 7, 2009
DRAFT
9A. MA YOR'S REPORTS (Continued)
Mayor Cox introduced Dr. Brian Joseph, who provided information on successful transitions
from City to non-profit by other organizations. He stated that the task force had researched
models for successful transitions, including the review of agreements and bylaws. The task force
also reviewed the Nature Center's achievements that would aide a potential transition, concerns
about a transition to a non-profif organization, marketing needs, and staffing.
RecreationlNature Center Director Martin provided information related to staffmg and revenue
opportunities.
Renee Herrell, representing RCH Consulting, provided recommendations for timdraising.
Economic Development Manager Stone presented a marketing plan for the organization, and
talked about a market-based set of strategies and tactics.
Dan Biggs provided information about the recommended process of transitioning to a non-profit
operation, including financial structure, reduced hours of operation, and an organizational
reconfiguration.
Mayor Cox provided the Task Force's preliminary recommendations.
The following members of the public spoke in favor of the preliminary report and proposed
. recommendations:
Lura B. Cox, Chula Vista resident.
JoAnn Fields, Chula Vista resident, representing Filipino-American caucus of San Diego
County. Ms. Fields also requested consideration of potential impacts of the proposed reduced
hours on school children visiting the Nature Center.
The following members of the public did not wish to speak, but submitted cards in support of the
Preliminary Report and recommendations:
Judy Cave, Chula Vista resident
Barbara Main, Bonita resident
Susan Fuller, Imperial Beach resident
Ken Weimer, Chula Vista resident
Zaneta Encarnacion
Kamry Fields, Chula Vista resident
Aline King, Lemon Grove resident
Danny Sedivec, Chula Vista resident
Forrest Smith, Chula Vista resident
Jodie Medrano, Chula Vista resident
Manami, La Mesa resident
Jessica Rodriguez; Imperial Beach resident
Deputy Mayor McCann spoke in favor of performance-based fundraising efforts for the Nature
Center. He suggested that the City's name be incorporated in to any potential re-branding of the
Nature Center's name. He stated that the crucial period for the Nature Center was now through
the next six months, during its transition, and stated there was a need to monitor cash flow.
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April 7, 2009
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DRAFT
9A. MA YOR'S REPORTS (Continued)
Councilmember Bensoussan spoke in favor of an increase in admission fees for the Nature
Center, and she pointed out that even with an increase, the admission fee would still the lowest in
the region, compared with similar entities. She spoke in opposition to reducing operating hours.
She also stated that it was a priority to increase the Nature Center operating budget for marketing
purposes, which would also benefit .local businesses by attracting visitors to shop and dine in
Chula Vista. She also requested that eco-tourism be added to the list of marketing targets.
Councilmember Castaneda cautioned against an increase in admission fees to the Nature Center,
so as not to price out Chula Vista residents, and he suggested offering a reduced admission fee
for residents.
ACTION:
Mayor Cox moved to accept the report and refer to staff to bring the item back
before the City Council in three to four weeks. Councilmember Bensoussan
seconded the motion and it carried 4-0. .
PUBLIC COMMENTS
At 5:40 p.m., Mayor Cox resumed Public Comments, and the following members of the public
were heard:
Carlos Lopez, Chula Vista resident, representing Communities Taking Action, spoke m
opposition to the proposed MMC peaker power plant.
Theresa Acerro, Chula Vista resident, representing the Southwest Chula Vista Civic Association,
spoke in opposition to the proposed MMC peaker power plant, and to a letter to the CEC
(California Energy Commission) from the City.
OTHER BUSINESS
8. CITY MANAGER'S REPORTS
City Manager Sandoval reported that the Port had taken action on the City's draft Environmental
Impact Report and Land Swap, and that City staff would be meeting with the Port staff in an
effort to move forward. He announced the impending retirement of Police Chief Emerson,
stating that Chief Emerson would continue serving as Police Chief until his replacement was
recruited. He thanked Chief Emerson for his leadership and service to the City. He announced
the City's recent receipt of the "Life Level Four 2008 Difference Maker" award by the San
Diego Blood Bank for exceeding its annual goal of 125 pints of blood, with a total of 148 pints
received.
9. MAYOR'S REPORTS
A. This item was taken out of order and addressed at time certain 4:30 p.m.
B. RATIFiCATION OF THE APPOINTMENT OF MARY MCDERMOTT TO
THE CULTURAL ARTS COMMISSION
Page 6 ~ Council Minutes.
April 7, 2009
1-6
DRAFT
9. MAYOR'S REPORTS(Continued)
C.
RATIFICATION OF THE APPOINTMENT OF JAMES DOUD - TO
GROWTH MANAGEMENT. OVERSIGHT COMMISSION AS
SOUTHWEST REPRESENTATIVE
THE
THE
D.
RATIFICATION OF THE APPOINTMENT OF ARMIDA TORRES TO THE
GROWTH MANAGEMENT OVERSIGHT COMMISSION AS THE
BUSINESS REPRESENTATIVE
ACTION:
Mayor Cox moved to ratifY the appointment of Mary McDermott, James Doud,
and Armida Torres to their respective commissions. Deputy Mayor McCann
seconded the motion and it carried 4-0.
Mayor Cox announced receipt of a letter from Mothers Against Drunk Driving (MAD D)
California, congratulating the Chula Vista Police Departinent on receiving the Law Enforcement
Agency of the Year Award, to be presented on April 18,2009. She announced that a report on
the Destination Lindbergh plan would be presented to the Council at an upcoming meeting.
10. COUNCILMEMBERS' COMMENTS
Deputy Mayor McCann requested staff to docket for a Council meeting in May, an invitation to
local water agencies to give a report on the current water situation and recommendations for
community efforts on how to conserve water. He also requested staff to docket on an upcoming
agenda, the current fiscal year budget deficit and achieving a balanced budget prior to the fiscal
year end. He thanked Chief Emerson for his service to the City and looked forward to the
process for recruitment of a new Police Chief.
Councilmember Castaneda congratulated Chula Vista Police Officers Leo Banales and Alicia
Chudy, who were recognized at the recent San Diego MADD Annual Recognition banquet.
Officer Banales was recognized as the Chula Vista Police Department DUI Officer of the Year,
and Officer Chudy was awarded the Officer Christopher D. Lydon Memorial Award, presented
to only one officer per year in San Diego COUllty, for her work in combating DUI. He also
recognized and congratulated Sgt. Kenny Heinz, who was awarded the 2009 Spirit of Courage by
the San Diego Burn Institute for his selfless rescue of a young woman trapped in a burning car.
He thanked and congratulated these officers as well as all City employees who did their best each
day for the City.
Councilmember Bensoussan announced the recent groundbreaking event at Chula Vista High
School for school renovations financed by the sale of bonds approved in November 2006 through
Proposition "0". She announced the upcoming Western Revitalization Subcommittee Meeting
on April 14, 2009 at 5:00 p.m., at the Maria Candelaria Restaurant, 323 Third Avenue, to discuss
the topic of Community Gardens in Western Chula Vista. She also announced all upcoming
presentation at the Chula Vista Public Library Auditorium on April 22, 2009 from 5:30 p.m. to
7:00 p.m:, on the potential impacts of Climate Change on Chula Vista.
Mayor Cox recessed the meeting to convene in Closed Session at 6:00 p.m.
Page 7 - Council Minutes
April 7, 2009
1-7
DRAFT
CLOSED SESSION
11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
Title: Human Resources Director
ACTION:
Deputy Mayor McCann moved to appoint Kelley Bacon as the Human Resources
Director. Councilmember Castaneda seconded the motion and it carried 4-0.
ADJOURNMENT
At 6:10 p.m., Mayor COx adjourned the meeting to the Regular Meeting of April 21, 2009 at
6:00 p.m. in the Council Chambers. (The meeting of April 14, 2009 was cancelled).
~
Lorraine Bennett, CMC, Deputy City Clerk
,
c::---"-:
Page 8 - Council Minutes
1-8
April 7, 2009
MEMO
~\f?
~-
~-.....-.::~
~~~~
CITY OF
(HUlA VISTA
Office of the City Clerk
DATE:
July 28, 2009
FROM:
Honorable Mayor and Councilmembers
Donna Norris, City Clerk /M
TO:
SUBJECT: Deputy Mayor McCann's absence
1 received a phone call from Deputy Mayor McCann today asking me to submit, for the Council's approval, his
request for an excused absence from the July 14,2009 City Council meeting. He stated that on that day, he was
training and preparing for his military deployment to Iraq.
~
276 Fourth Avenue, Chula Vista, CA 91910
www.chulavistaca.gov
(619) 691-5041
fax (619) 585.5774
'R'\\O~
t>-~O
ORDINA.l"lCE NO. G t>-~~
~\'<;\:
AN ORDINANCE OF THE CITY,~l>tHULA VISTA
AIvfENuING CH..A.PTER 20.at~THE CHULA VISTA
ivlUNICIPAL CODE BY REvrSING SECTIONS 20.04.010,
2004.025, AND 20.04.030 ANt) ADDING SECTION
20.04.040
The City Council of the City of Chula Vista does ordain as foliows:
SECTION 1. That Chapter 20.04 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Title 20
ENERGY CONSERVATION
Chapters:
20.04 Energy Conservation Regulations
20.08 Municipal Solar Utility
Chapter 20.04
ENERGY CONSERVATION REGULATIONS
Sections:
20.04.010 Intent and purpose of provisions.
20.04.020 Conflict with other provisions.
20.04.025 Definitions.
20.04.030 Solar water heater preplumbing.
20.04.040 Solar photovoltaic pre-wiring.
20.04.050 Business energy assessments.
CROSS REFERENCE: Business Licenses Generally, see Ch. 5.02 CVMC.
Electrical Code and Regulations, see Ch. 15.24 CVMC. Plumbing Code, see Ch.
15.28 CVMe.
20.04.010 Intent and purpose of provisions.
The conservation of energy and natural resources including water, air quality
and open space has been determined to be a legitimate and worthy function of
the City. The provisions of this chapter are intended to decrease dependence
upon fossil fuels and other nonrenewable energy sources that contribute to the
City's greenhouse gas emissions by encouraging and, in some instances,
requiring best management practices including the installation of devices,
structures or materials for the efficient generation, distribution and use of energy
and water on certain structures within the City. (Ord. 311991,2008; Ord. 1973
91,1982).
3-1
20.04.020 Conflict with other provisions.
Portions of this chapter which are in conflict with other sections of the
municipal code are intended to be exceptions to those sections and shall take
precedence over such sections. (Ord. 3119 S 1. 2008; Ord. 1973 S 1, 1982).
20.04.025 Definitions.
The following words and phrases, when used In this .chapter, shall be
construed as defined in this section:
A. "Assessment" means a written evaluation of a facility's energy and water
use from building systems, appliances and office equipment.
B. "Energy and water conservation" means reduction of energy and water use
achieved by relying on changes to behavior.
C. "Energy and water efficiency' means activities or programs that reduce
energy and water use by upgrading to more efficient equipment or controls.
D. "Greenhouse gas emission" means the direct or indirect emission of one or
more of the gases identified by the Intergovernmental Panel on Climate Change
and/or the State of California.
E. "Nonrenewable" means an energy resource such as, but not limited to, fossil
fuels that is not replaced or is replaced only very slowly by natural processes.
F. "Renewable" means an energy resource such as, but not limited to, wind
and solar that is replaced by natural resources.
G. "Solar photovoltaic" means a method of capturing energy from sunlight and
converting it to electricity.
H. "Solar water heater" means a method of heating domestic water by allowing
solar energy collection devices to transfer solar heat energy to water. (Ord. 3119
S 1, 2008).
20.04.030 Solar water heater preplumbing.
All new residential units shall include at least the plumbing specifically
designed to encourage the later installation of a system which utilizes solar
energy as the primary means of heating domestic potable water. The purpose of
this section is to facilitate the safe, cost-effective installation of residential solar
water heating systems, while removing structural and regulatory barriers. No
building permit shall be issued unless the plumbing required pursuant to this
section and the Chula Vista Solar Water Heater Pre-Plumbing Installation
Requirements are incorporated into the approved building plans.
Exception: The provisions of this section can be modified or waived when it
can be satisfactorily demonstrated in writing to the City Manager, or designee,
that potential pre-existing constraints affecting the use of solar hot water heating
cannot be reasonably overcome. (Ord. 3119 S 1, 2008; Ord. 1973 S 1,1982).
20.04.040 Solar photovoltaic pre-wiring.
All new residential units shall include at least the electrical conduit specifically
designed to encourage the later installation of a system that utilizes solar
photovoltaic or other renewable energy resource as a means of generating
electricity. The purpose of this section is to facilitate the safe, cost-effective
3-2
installation of renewable energy systems as residents' primary electricity source,
while removing structural and regulatory barriers. No building penmit shall be
issued unless the requirements of this section and the Chula Vista Photovoltaic
Pre-Wiring Installation Requirements are incorporated into the approved building
plans.
Exception: The provisions of this section can be modified or waived when it can
be satisfactorily demonstrated in writing to the City Manager, or designee, that
potential pre-existing constraints affecting the use of solar photovoltaic or other
renewable energy systems cannot be reasonably overcome.
20.04.050 Business energy assessments.
All commercial and industrial businesses in the City of Chula Vista are
encouraged to participate in a free energy assessment of their facilities to help
them identify energy efficiency and conservation opportunities that potentially
reduce participants' recurring energy costs and corresponding greenhouse gas
emissions. Assessments are recommended when a new business license is
issued or once every three years for an existing license. Participating businesses
are encouraged to cooperate with City staff or their delegate(s) by providing: (1)
a date and time for the assessment convenient for the business, (2) access to
their facilities for the assessment during their regular business hours, (3)
authorization to review their historical energy usage and (4) a signature and title
of a facility manager on a completed assessment form acknowledging that the
business has received a completed assessment and relevant information about
voluntary energy efficiency improvement opportunities. The owner of a multi-
tenant commercial building or their designee (property manager) may, at their
discretion, authorize a whole building assessment replacing the need for
individual tenant assessments.
A. Assessment Notification Process. The City may send a notice to each
business at least once every three years in conjunction with the City's annual
business license renewal mailer providing information that facilitates the
scheduling of an assessment at the business's convenience. A business may
also receive a business assessment notice whenever a new license is required,
such as the establishment of a new business or transfer of ownership for an
existing business.
B. Assessment Deliverables. The assessment findings, provided to the
participating business on a form established by the City Manager in conjunction
with the local utility and business representatives, may include a chart of their
historical energy consumption, an estimate of potential energy and cost savings
from identified energy conservation and efficiency opportunities and an estimate
of the corresponding greenhouse gas emission reductions. The assessment may
also review. water conservation, alternative transportation and other practices
which the business could implement and/or promote to its employees and
customers and an estimate of the resulting greenhouse gas emission reductions.
The City may offer participants assistance with completing the applicable rebate,
incentive and/or on-bill financing forms to facilitate the adoption of the identified
energy efficiency improvements and help reduce the business's time and cost of
3-3
implementing the voluntary measures. The City may also provide contact
information for the local utility's program staff that may further assist the business
in reducing its energy costs.
C. Exclusions. Because energy efficiency is commonly related to a facility's
age and design, a voluntary energy assessment is not recommended for new
businesses occupying a commercial space which have completed one of the
following: (1) been permitted by the City Building Division within the last three
years for a remodel or new construction to meet the most current City Title 24
and above standards, (2) has been certified through a California Energy
Commission-approved (or other applicable state agency) green building program,
or (3) has already received an assessment within the last three years. In addition,
assessments are not necessary for home offices, mobile businesses and other
business entities that do not have a utility gas or electric meter on a commercial
rate schedule. (Ord. 3119 9 1, 2008).
SECTION II. This ordinance shall take effect and be in full force thirty days from its
adoption.
Presented by
Approved as to form by
Michael Meacham
Director of Conservation & Environmental
Services
Cc;:;-~
Bart C. Miesfeld P ~I'v-r '1
City Attorney
3-4
',,'.. -.:,. ',<<
CITY COUNCIL
AGENDA STATEMENT
~!ff:. CITY OF
~- - CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
8/04/09, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENTS TO THE
DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM
AGREEMENTS ("A1\1ENDMENTS") WlTH OTAY RANCH VILLAGE II-
PC-l3, LLC, FOR THE VILLAS DE AVILA MODEL UNITS AND THE
CASITAS DE A VILA MODEL UNITS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AMENDMENTS ON BEHALF OF THE
CITY, MID DIRECTING THE CITY CLERK TO RECORD THE
AMENDMENTS WITH THE COUNTY RECORDER OF THE COUNTY
OF SAN DIEGO
DIRECTOR OF DEVELOPME"'l SERVIC~UTY CITY tvIANAGER
CITY MANAGER ~ _
ASSISTANT CITY MANAGER 7 /
4/5THS VOTE: YES D NO ~
SUMMARY , ..
On February 6, 2009, Ordinance 3120 established the Development Impact Fee Program, which
allows the development community to enter into an agreement to defer the payment of
development impact fees (DIFs). On May 12, 2009, by Resolution 2009-105, the City ofChula
Vista approved two Development Impact Fee Payment Plan Agreements with Otay Ranch
Village II-PC-13, LLC. After approval of the resolution, the Developer requested that
Transportation Development Impact Fee (TDIF) credits be applied to the project, resulting in a
reduction in the amount to be deferred. This Amendment addresses the applied TDIF Credits as
well as adjustments to the Casita de Avila project due to a change in residential product type.
ENVIRONMENTAL REVIEW
The City's Envirorunental Review Coordinator has revie\ved the proposed .activity for
compliance with the California Envirorunental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. .
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
4-1
8/04/09,IteUl~
Page 2 of 4
DISCUSSION
As a result of the current downturn in development and the continued tightening of the credit
Ularket, the burden created by the payment of fees at building permit issuance has increased.
Local developers and the Building Industry Association (BIA) approached the City requesting
consideration of an extended payment plan program. The City Council approved an Ordinance
establishing the Development Processing and Impact Fee Payment Plan, which became effective
on February 6, 2009. The Ordinance provides a framework for individual projects to enter into
payment plan agreements with the City, to be brought forward to Council for approval. The
program is intended as a temporary response to the current housing market slump, and as such,
will expire on December 30, 2010.
Participation in the program requires the developer enter into an agreement with the City. On
May 12, 2009, Council approved agreements with Otay Ranch Village II-PC-13 for the Villas de
Avila and Casita de Avila model home units.
Otay Ranch Village II-PC-13 is proposing to build 4 units in Villas de Avila and 3 units in Casita
de Avila. Both projects are located in Otay Ranch Village 2 R-13, which is situated west of La
Media Road, South of Santa Venetia Street and East of Santa Victoria Avenue.
Villas de Avila
This resolution would approve the first amendment to the original agreement with Otay Ranch
Village II-PC-13 for the model home units of Villas de Avila.
At the time the agreement was approved, transportation development impact fee credits were not
applied to the project. Since then, the Developer has requested that their credits be applied and
that their overall fees to be deferred be adjusted to reflect the applied credits.
After applying the TDIF credits, the total amount due prior to final inspection of the project is
$53,652.87. This is a reduction in their remaining TDIF obligation in the amount of $35,129.52
(see Table 1). For further information please see Attachment 1.
Table 1
Existing DevelopUlent IUlpact
Fee Pro raUl A reeUlent
TDIF
Other Fees
$36,216.00
$63,456.62
$99,672.62
$0.00
$0.00
$12,219.26
$37.135.89
$52,538.79
$89,674.68
Sub-Tolal
First AUlendUlent to the AgreeUlent
TDIF
$ I 086.48
$0.00
$1,114.08
I Amount includes interest calculated at 2.54%
4-2
8/04/09, Item~
Page 3 of 4
Other Fees $63,456.62 $0.00 $52,538.79
Sub-Total $64,543.10 $12,219.26 $53,652.87
DIFFERENCE ($35,129.52) $0.00 ($35,129.52)
Casita de Avila
This resolution would also approve the first amendment to the agreement with Otay Ranch
Village II-PC-13 for the model home units of Casita de Avila.
After Council approval of the agreement, recalculation of some of the project's DIFs is required
due to an incorrect land use designation for the Casita de Avila units. The Casita de Avila units
are designated as condominium units, however, because they are detached condominium units,
the Public Facilities Development Impact Fee (PFDIF) and the Poggi Canyon Development
Impact Fee are required to consider them single-family dwelling units. As a result, the PFDIF
and the Poggi Canyon Development Impact Fee increased in the amount of $1,401.00 and
$300.00 respectively. The Developer has also requested that TDIF credits be applied to the
Casita de Avila project, resulting in a TDIF reduction of$26,347.14.
Accounting for the adjusted land use and TDIF credit application, results in a reduction to their
overall fees of$24,646.14 (see Table 2). For further information see Attachment 2.
Table 2
Existing Development Impact
Fee Pro ram A reement
TDIF $27,162.00 $0.00 $27,851.91
PFDIF $24,804.00 $0.00 $25,434.02
Poggi $900.00 $0.00 $922.86
Other Fees $27,222.86 $11,411.09 $16,213.40
Sub-Total $80,088.86 $11,411.09 570,422.19
Proposed First Amendment
to the A reement
TDIF $814.86 $0.00 $835.56
PFDIF $26,205.00 $0.00 $26,870.61
Poggi $1,200.00 $0.00 $1,230.48
Other Fees $27,222.86 511,411.09 516,213.38
Sub- Total $55,442.72 $11,411.09 $45,150.03
DIFFERENCE ($24,646.14) $0.00 ($24,646.14)
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 properties, which are the subject of this action.
1 Amount includes interest calculated at 2.54%
4-3
8/04/09,IteDl~
Page 4 of 4
CURRENT FISCAL IMP ACT
There is no impact to the processing fees as approved in the original agreements. The expected
processing fees to be collected for Villas de Avila is $12,219.26 and $11,411.09 for Casitas de
Avila. These amounts are to be collected at the time of building permit issuance.
ONGOING FISCAL IMPACT
The balance to be paid at the call for final inspection is expected to be collected in a future fiscal
year. The deferred amount will accrue interest until payment at final inspection. Interest
earnings are estimated at $1,329.03 for Villas de Avila and $1,118.40 for Casita de Avila.
ATTACHMENTS
1. Fee Table for Villas de Avila
2. Fee Table for Casita de Avila
Prepared by: Chester Bautista, Associate Civil Engineer, Development Services Department
H:\ENGINEERIAGENDAICAS2009\08-04-09ICAS First Amendment to the deferral agreement. doc
4-4
Attachment 1
Payment Schedule
Villas de Avila Models (BR08-0028 to BR08-0029)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5120
5140
6000
8085
8086
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
OIF Transportation .
OIF Public Fac Admin
OIF Civic etr
OIF Police
OIF Corp Yard
OIF Library
OIF Fire
OIF Recreation
Poggi Cyn Grav Sewer OIF
NPOES Fee
Otay Ranch Res
Pedestrian Bridge
Pedestrian Bridge 2
TOTALS
2.54%
Balance of
Deferred Fees
Interest'
Balance Due @
Final Inspection
$ 90.00 $ 2.29 $ 92.29
$ 10,434.00 $ 265.02 $ 10,699.02
$ 952.00 $ 24.18 $ 976.18
$ 1,725.00 $ 43.82 $ 1,768.82
$ . 1,086.48 $ 27.60 $ 1,114.08
$ 2,128.00 $ 54.05 $ 2,182.05
$ 9,312.00 $ 236.52 $ 9,548.52
$ 6,764.00 $ 171.81 $ 6,935.81
$ 1,352.00 $ 34.34 $ 1,386.34
$ 5,652.00 $ 143.56 $ 5,795.56
$ 3,576.00 $ " 90.83 $ 3,666.83
$ 4,288.00 $ 108.92 $ 4,396.92
$ 1,200.00 $ 30.48 $ 1,230.48
$ 356.00 $ 9.04 $ 365.04
$ 104.36 $ 2.65 $ 107.01
$ 1,628.00 $ 41.35 $ 1,669.35
$ 1,676.00 $ 42.57 $ 1,718.57
$ 52,323.84 $
1,329.03 $
53,652.87
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
Revised 07/02/2009, decrease in OfF Transportation due to Otay Ranch TOIF Credits
4-5
Attachment 2
Payment Schedule
Casita de Avila Models (8R08-0031 to 8R08-0033)
Account
1600
1700
3000
3100
4000
4100
4200
4300
4400
4500
4600
5010
5120
5140
6000
8085
8086
Description
Sewer Administrative Fee
Sewer Capacity Fee (18.4)
Traffic Signal Fee (18.2)
Res Construction Tax (18.3)
OfF Transportation
DIF Public Fac Admin
DIF Civic Ctr
DIF Police
OfF Corp Yard
01 F Library
DIF Fire
DIF Recreation
Poggi Cyn Grav Sewer DIF
NPDES Fee
Otay Ranch Res
Pedestrian Bridge
Pedestrian Bridge 2
TOTALS
2.54%
Balance of
Deferred Fees
Interest'
Balance Due @
Final Inspection
$ 135.00 $ 3.43 $ 1 38.43
$ 10,434.00 $ 265.02 $ 10,699.02
$ 892.50 $ 22.67 $ 915.17
$ 1,350.00 $ 34.29 $ 1,384.29
$ 814.86 $ 20.70 $ 835.56
$ 1,689.00 $ 42.90 $ 1,731.90
$ 7,374.00 $ 187.30 $ 7,561.30
$ 4,695.00 $ 119.25 $ 4,814.25
$ 1,263.00 $ 32.08 $ 1,295.08
$ 4,239.00 $ 107.67 $ 4,346.67
$ 3,729.00 $ 94.72 $ 3,823.72
$ 3,216.00 $ 81.69 $ 3,297.69
$ 1,200.00 $ 30.48 $ 1 ,230.48
$ 444.00 $ 11.28 $ 455.28
$ 78.27 $ 1.99 $ 80.26
$ 1,221.00 $ 31.01 $ 1,252.01
$ 1,257.00 $ 31.93 $ 1,288.93
$ 44,031.63 $
1,118.40 $
45,150.03
Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending
12/31/08 Apportionment Rate
Revised 07/02/09, decrease in DIF Transportation due to Otay Ranch TDIF Credits and
change in PFDIF classification for detached condominiums
4-6
RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AwIENDMENTS
TO THE DEVELOPMENT IMPACT FEE PAYMENT PLAN
PROGRAM AGREEMENTS ("AMENDMENTS") WITH
OTAY RANCH VILLAGE II-PC-I3, LLC, FOR THE
VILLAS DE A VILA MODEL UNITS AND THE CASITA
DE A VILA MODEL UNITS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AL\1ENDMENTS ON
BEHALF OF THE CITY, AL'JD DIRECTING THE CITY
CLERK TO RECORD THE AMENDMENTS WITH THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
WHEREAS, the City Council approved Ordinance No. 3120 establishing the
Development Processing and Impact Fee Payment Plan, which became effective on February 6,
2009; and
WHEREAS, in Villas de Avila, Otay Ranch Village II-PC-13 proposes to develop 2
residential units in Otay Ranch Village 2 Neighborhoods R-I3; and
WHEREAS, in Casita de Avila, Otay Ranch Village II-PC-I3 proposes to develop 3
residential units in Otay Ranch Village 2 Neighborhoods R-13; and
WHEREAS, Otay Ranch Village II-PC-I3, LLC. owns both properties for Villas de
A vila and Casita de A vila CProperty") and agrees that they are responsible for all of the
development impact fees owed for the project; and
WHEREAS, the City Council approved Resolution No. 2009-105, on May 12, 2009,
approving the Development Processing and Impact Fee Payment Plan Agreements for Villas de
Avila and Casita de Avila; and
WHEREAS, because of adjustments in DlF Credits and land use, an Amendment is
needed to reflect these adjustments in the Development Processing and Impact Fee Payment Plan
Agreements; and
WHEREAS, by executing these Amendments, the City is securing the payment of the
adjusted deferred fees.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby:
1. Approves the First Amendment to the Development Impact Fee Payment Plan
Program Agreements with Otay Ranch Village II-PC-I3 for Villas de Avila and
Casita de Avila.
2. Authorizes the City Manager to execute the Amendments on behalf of the City.
4-7
3, Directs the City Clerk to record the Amendments with the County of San Diego
Recorder.
Presented by
,1 /1/
Appro,\(ed as to fo~ ;/'
/ \ 7/1;' ,
/.,......,.-u
,~
Gary Halburt
Director of Development Services
4-8
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
Al'ID APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORt\l1ALL Y SIGNED UPON AP,P OV
T CITY OUNt'
Dated: 7
FIRST A1 MENT TO THE
LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
BETWEEN OTA Y RANCH VILLAGE II-PC-13, LLC
AND THE CITY OF CHULA VISTA
FOR VILLAS DE A VILA A MODEL HOME UN1TS
4-9
,
RECORDING REQUESTED BY, ""ill WHEN
RECORDED MAIL TO:
CITY OF CHULA VISTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency of less than a fee interest for which
no cash consideration has been paid or received
For Recorder's Use Only
FIRST AMENDMENT TO THE
LIEN AND DEVELOPMENT IMPACT FEE PAYMENT
PLAN PROGRAM AGREEMENT
THIS A,VlENDMENT TO LIEN A,'1D DEVELOPMENT ]I.'!PACT FEE PAYMENT PLA,'1 PROGRA,'\1 AGREElvlENT
("Agreement"), dated ,20-, for reference only and executed on the date on
which the last party signs, by and between Olav Ranch Villae:c II.PC.13 LLC ("Owner"), and the CITY OF CHULA VISTA, a
California municipal corporation and charter city ("Ciry") with reference to the following facts:
A Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of California, more
particularly described on Exhibit "A" attached ("Property").
B. On May 12, 2009 the City Council afthe City approved the Resolution No. 2009-105, The Development Impact Fee Payment
Plan Program Agreement for Villas de Avila ~fodc1 Home Units, Document No. "Original Agreement"
with Otay Ranch Village n.PC-13, LLC.
C. Due to adjustments in the application of Development Impact Fee credits, City Staff and Owner agree that an amendment is
needed for the Original Agreement to reflect the correct amount of deferred fees.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.
1. Exhibit "B" in the original agreement is replaced by Exhibit "B" attached to this Agreement.
2. All other terms and condition not expressly modified by this Agreement shall remain in full force and effect.
3. The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement.
4. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to .:nter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively
"Applicams") and that this Agreement shall be binding upon and constitute an obligation of the Applicants.
[NEXT PAGE IS SIGNATURE PAGE]
4-10
IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant.
OTAY RA.,'1CH VrLLAGE I1-PC-13,
A Delaware Limited Liability Company,
Date:
By
Its
Date:
THE CITY OF CHULA VISTA,
A California mWlicipal corporation
By
Is
Approved as to form and legality this
_ day of
,20
Bart Miesfeld, City Attorney
By:
City Attorney
4-11
THE ATTACHED AGREEtvfENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTOR1'ITY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIl:
) /
. /
/
Dated: 1-
FIRST tvfE TO THE
LIEN AND DEVELOPtvfENT IMP ACT FEE P A YtvfENT
PLAN PROGRAM AGREEtvfENT
BETWEEN OT A Y RANCH VILLAGE II - PC-I3, LLC
AND THE CITY OF CHULA VISTA
FOR CASITA DE A VILA MODEL HOtvfE UNITS
4-12
RECORDING REQUESTED BY, AND WHEN
RECORDED MAIL TO:
CITY OF CHULA VISTA
Attn:
No transfer tax is due as this is a conveyance to a
public agency ofless than a fee interest for which
no cash consideration has been paid or received
For Recorder's Use Only
FffiSTAMENDMENT TO THE
LIEN At~D DEVELOPMENT IMP ACT FEE PAYMENT
PLAN PROGRAlVI AGREEMENT
THIS fuVlE~DMENT TO LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLMI PROGRAM AGREEMENT
("Agreement"), dated .20-, fOf reference only and executed on the date on
which the last party signs, by and between Olav Ranch Villae:e IT-PC.13 LLC ("Owner"), and the CITY OF CHULA VISTA, a
California municipal corporation and charter city ("City") with reference to the following facts:
A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Cali fomi a, more
particularly described on Exhibit "A" attached ("Property").
B. On May 12.2009 the City Council of the City approved the Resolution No. 2009-105. The Development Impact Fee Payment
Plan Program Agreement for Casita de Avila Model Home Units, Document No. "Original Agreement"
with Otay Ranch Village II-PC.13, LLC.
C. Due to adjustments in the land use designation, City Staff and Owner agree that an amendment is needed for the Original
Agreement to reflect the correct amount of deferred fees.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.
I. Exhibit "B" in the original agreement is replaced by Exhibit "B'" attached to this Agreement.
2. All other terms and condition not expressly modified by this Agreement shall remain in full force and effect.
3. The Owner agrees and is obligated to pay ail costs associated with the recording of the Agreement.
4. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on
behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively
"Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants.
[NEXT PAGE IS SIGNATURE PAGE]
4-13
IN" WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or
designated and authorized representative thereto, and by the Owner/Applicant.
OTA Y RANCH VILLAGE II-PC-13,
A Delaware Limited Liability Company,
Date:
By
Its
Date:
THE CITY OF CHULA VISTA,
A California municipal corporation
By
Is
Approved as to form and legality this
~dayof
.20
Bart Miesfe!d, City Attorney
By'
City Attorney
4-14
CITY COUNCIL
AGENDA STATEMENT
~(~ CITYOF
. · - (HUlA VISTA
ITEM TITLE:
SUm\UTTED BY:
REVIEWED BY:
August 4, 2009, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
Ai'lD RECON ENVIRONMENTAL, INe., TO SERVE AS
THE OTAY RAt"lCH PRESERVE STEWARD/BIOLOGIST
("AGREEMENT") AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND UP TO
FOUR I-YEAR EXTENSIONS TO THE AGREEMENT
DEPUTY CITY MANAGE~VELOPMENT SERVICES
DIRECTOR
CITY MANAGE~
4/5THS VOTE: Y~S D NO 0
SUMMARY
On May 6, 2009, a Request for Qualifications was distributed to qualified biological
consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve
Steward/Biologist. Upon completing a competitive bidding process, the City selected
RECON Environmental Inc. (RECON) to serve as the Preserve Steward/Biologist to
manage and monitor the biological resources within the Otay Ranch Preserve in accordance
with the Otay Ranch Resource Management Plan. Staff has prepared a two-party agreement
with RECON for this service for Council consideration.
ENVIRONlYIENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines because it involves only the approval of a contract to provide biological
technical services to the City as the Otay Ranch Preserve Steward/Biologist; 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.
5-1
AUGUST 4, 2009, Item~
Page 2 of 4
RECOMMENDATION
Council adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In 1993, the City of Chula Vista (City) and County of San Diego (County) jointly
adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP), which
sets forth the plans for development and open space within Otay Ranch. The GDP/SRP
delineates approximately 11,000 acre area as the Otay Ranch Preserve system (preserve).
Included as part of the GDP/SRP, the Otay Ranch Resource Management Plan (RMP)
Phase 1 was incorporated to identify major policies and implementation measures to
guide development and the protection of the biological and cultural resources within Otay
Ranch. As a requirement of RMP Phase I, prior to the approval of the first Sectional
Planning Area (SPA) within the Ranch, a Preserve Owner/Manager (paM) for the
Preserve must be selected and an RMP Phase 2 must be completed, which would serve as
the implementation plan providing the framework for the protection, management, and
monitoring requirements of the Preserve.
In 1996, RMP Phase 2 was completed and the City and the County designated themselves
as the Otay Ranch paM. The City and County executed a Joint Powers Agreement
(JP A) to delineate their respective roles and responsibilities. The fundamental job of the
paM is to implement the RMP by actively managing lands conveyed to the Otay Ranch
Preserve system. Generally the paM is tasked to protect resources, monitor and manage
preserve lands; participate in necessary enforcement activities; develop educational
facilities and interpretive programs; and implement and/or coordinate and accommodate
research programs. To date, the City and County continue to serve as the paM for the
Preserve.
In March 2009, the City and County, in coordination with the Otay Ranch paM Working
Group, consisting of representatives from the U.S. Fish and Wildlife Service, California
Department of Fish and Game (collectively referred to as the Resource Agencies),
stakeholders, and other interested parties, determined the need to designate a single entity
to serve as the Preserve Steward/Biologist to provide the paM with technical expertise
needed to manage and monitor the Preserve. paM staff and the Working Group
developed a Scope of Work (SOW) outlining the qualifications of the Preserve
Steward/Biologist. The SOW was then presented and approved by the Otay Ranch paM
Preserve Management Team (PMT) and Policy Committee (PC) that same month. The
PMT consists 'of the City's Deputy City Manager/Director of Development Services,
Gary Halbert, and Deputy Chief Administrative Officer of the County of San Diego,
Chandra Wallar. The PC includes two elected officials, one from each jurisdiction,
Deputy Mayor John McCann and Supervisor Greg Cox, Member of the Board of
Supervisors for the County of San Diego. Both the PMT and PC directed paM staff to
proceed with retaining a Preserve Steward/Biologist through a competative bidding
5-2
AUGUST 4, 2009, Item 5
Page 3 of 4
process. At that time, the City agreed to administer the contract on behalf of the POM
and proceed with distribution of a Request for Qualifications (RFQ).
On May 6, 2009, a RFQ was distributed to qualified biological consultants in order to solicit
candidates interested in serving as the Otay Ranch Preserve Steward/Biologist. Upon
completing a competitive bidding process, the City selected RECON to serve as the
Preserve Steward/Biologist in order to manage and monitor the biological resources within
the Preserve in accordance with the approved Otay Ranch R.tVIP.
Staff has prepared a two-party agreement with RECON outlining the scope of work
anticipated for the Preserve Steward/Biologist. Services to be provided to the City
include, but are not limited to the following:
. Conduct field surveys in order to monitor the sensitive biological resources
existing within the Preserve;
. Prepare biological resource reports documenting monitoring results and
observation;
. Participate and represent the POM at meetings related to management and
monitoring of regional habitat; and,
. Implement basic stewardship in accordance with the Otay Ranch RMP.
Pursuant to the two-party agreement, RECON will serve as the Preserve
Steward/Biologist for a duration of I-year. The City has the option to renew this
Agreement on an annual basis, for a maximum of four additional I-year terms. The City
Manager shall have the authority to exercise each option to renew.
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.
CURRENT YEAR FISCAL IMPACT
Staff has estimated approximately $350,000 will cover the costs for the Preserve
Steward/Biologist to implement management and monitoring of the lands currently under
POM ownership, which totals approximately 1,300 acres. The funding source for this
contract is provided through the City's Community Facility District 97-2 (CFD 97-2).
CFD 97-2 was specifically established to provide perpetual funding for the maintenance
and monitoring of the Otay Ranch Preserve. During the 08/09 fiscal year, $350,000 was
collected to cover costs for management and monitoring of lands currently under POM
ownership; therefore, the cost to implement the two-party agreement with RECON will
not result in a fiscal impact to the general fund.
ONGOING FISCAL IMPACT
As stated previously, CFD 97-2 was established to provide a perpetual funding source for
maintenance and monitoring of the Otay Ranch Preserve. Currently, the annual
management and monitoring budget is approximately 5350,000; however, this amount
5-3
AUGUST 4, 2009, Item~
Page 4 of 4
may vary each year and will be reassessed on an annual basis. The annual budget will be
based upon management and monitoring needs and requirements outlined in an annual
work plan to be prepared by RECON, which will be subject to the review and approval of
the City. This review and approval will allow staff to evaluate the estimated cost to
implement the proposed work plan and determine a reasonable tax assessment for the
CFD.
A TT ACHMENTS
Two-Party Agreement: City ofChula Vista and RECON
Prepared by: Josie McNeeley, Associate Planner, Development Services Department of
J:IPlanningVosielPOMlPreserve Biologist - RFQ\08.04.09CC-ZptyAgreementRECONAI13.doc
5-4
Parties and Recital Page( s)
Agreement between
City of Chula Vista
and
RECON Environmental, Inc.
for Biological Consultant Services Associated with
the Otay Ranch Preserve Steward/Biologist
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
Whereas, on May 6, 2009, a Request for Qualifications was distributed to qualified biological
consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve
Steward/Biologist; and
Whereas, the property which is the subject matter of this Agreement is commonly known as
Otay Ranch Preserve, and is shown as set forth in the attached Exhibit B ("Property"); and,
Whereas, the City received proposals from four biological consultants in response to the
formal Request for Qualifications; and
Whereas, the City evaluated each submittal based on clarity, approach, cost, qualifications,
and completeness; and
Whereas, through a competItIve bid process, the Consultant was selected based upon its
proposed approach and demonstrated qualifications to perform the services outlined in the
detailed scope of work; 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.)
5-5
Page I
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph I G(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.
5-6
Page 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence Form
CG0001).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto).
(3) Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
51,000,000 disease-each employee
$1,000,000 each occurrence
Oeductibles and Self-Insured Retentions
5-7
Page 3
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
Consultant will provide a [mancial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnifY the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
5-8
Page 4
(3) If coverage is canceled or non-renew~d, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "'extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no' less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
, certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or furnish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(I) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, http://www.fms.treas.gov/c570. and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
5-9
Page 5
limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18. .
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space, immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to t,he term, "Letter of Credit", in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and gUidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
5-10
Page 6
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph II.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
.them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the 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 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
5-11
Page 7
If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of
Exhibit A, or ifnone are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
5-12
Page 8
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 twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant. may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims 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, arisin'g
5-13
Page 9
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 acts or omissions of the Consultant, its.
employees, 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.
(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 all liability, claims, costs, and damages, including but not
limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness
or willful misconduct of Consultant and its agents in the performance of services under this
agreement, but this indemnity does not apply liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to City, or arising from the active negligence of City.
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
5-14
Page 10
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13.. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant and any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to any benefits to which City employees are entitled
including but not limited to, overtime, retirement benefits, worker's compensation benefits,
inj ury leave or other leave benefits. Therefore, City will not withhold state or federal income ta'C,
social security ta'C or any other payroll ta'C, 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
5-15
Page II
No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has fIrst been presented in writing and fIled with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement. .
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the DefIned Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A Consultant not authorized to Represent City
Unless specifIcally authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 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.
5-16
Page 12
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 ofChula Vista.
(End of page. Next page is signature page.)
5-17
Page 13
Signature Page
to
Agreement between
City of Chula Vista
ani!
RECON Environmental, Inc. (RECON)
for Biological Consultant Services Associated with
the Otay Ranch Preserve Steward/Biologist
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
Dated:
By:
James D. Sandoval, City Manager
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
RECON Environmental, Inc.
Dated:
By:
Robert MacAller, President
Exhibit List to Agreement
(x) Exhibit A.
(x) Exhibit B.
5-18
Page 14
1. Effective Date of Agreement:
2. City-Related Entity:
Exhibit A
to
Agreement between
City of Chula Vista
and
Wildlife Research Institute
Julv 28, 2009
(x) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City ofChula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
RECON Environmental, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
ex) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1927 Fifth Avenue
San Diego, CA 92101-2358
Voice Phone: (619)308-9333
Fax Phone: (619) 308-9334
5-19
Page 15
7. General Duties:
Consultants shall provide a specific biologist as the preserve steward who will be expected to
perform the majority of the monitoring and management tasks needed and will be responsible
for subcontracting with biologists who have additional expertise, as needed. Independent
biologists who apply must have the ability to manage subcontractors for management and
monitoring tasks that he/she does not have the expertise to complete. The preserve steward
shall:
(a) Have extensive field experience and demonstrate the ability to manage large areas
ofland,
(b) Be qualified to conduct field surveys as well as prepare written documents,
including graphics,
(c) Have the required permits to survey for listed species in the Otay Ranch Preserve
(e.g., gnatcatchers, Quino, etc.) or the ability to subcontract to biologists with the
necessary permits,
(d) Have knowledge of the adopted Phases I and 2 Otay Ranch Resource
Management Plans (RMP), and,
(e) Have knowledge of the adopted Multiple Species Conservation Program (MSCP)
Subregional Plan, MSCP Subarea Plans for the City and County. The preserve
steward shall assist the paM in ensuring compliance with these programs/plans.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Tasks that may be required include but are not limited to the following.
1. On-Going Services
A. Prepare an Annual Work Plan recommending management and monitoring
tasks to be accomplished during the next fiscal year. The work plan shall
include, but is not limited to, the following:
1. Recommendation of tasks to be performed in priority order;
2. Citations of how the tasks relate to the R1\1P (cite specific enabling
RMP goals, objectives, policies or implementation measure);
3. Expected outcome including success criteria;
4. Estimated costs;
5. Recommendation of who will perform the task; and
6. Recommendation oftirneframe.
B. Oversee and coordinate Otay Ranch preserve management, monitoring,
and reporting with the Wildlife Agencies, the paM, Otay Ranch land
owners who may convey lands within the. Preserve, regional monitoring
entities, interested public groups, and the general public.
Page 16
5-20
C. Provide science-based technical recommendations to paM staff and any
contractors retained to conduct specific management tasks, monitoring,
data collection and analysis, and adaptive management programs.
D. Perform biological monitoring as directed by paM staff.
E. Participate and represent the paM in regional or subregional meetings
relating to preserve management and monitoring to ensure management
and monitoring efforts within the Preserve are not being duplicated.
Meetings may include:
1. Monthly MSCP Monitoring Group meetings
2. SAt'lDAG Environmental Mitigation Program Working Group
meetings
3. Otay Valley"Regional Park (OVRP) Joint Exercises of Power
Agreement (JEP A) meetings if the agenda includes items
associated with the Otay Ranch Preserve
F. Implement basic stewardship including, but not limited to, the following:
I. Monitor existing fencing/gates and identify needs for additional
access control; provide minor repairs and coordinate with
appropriate contractor to repair or construct more significant
fencing/gate needs;
2. Remove minor amounts of trash, litter, and debris; monitor and
report to appropriate contractor to remove significant amounts of
trash, litter, and other debris;
3. Remove small acreages of weeds and exotics that are found during
routine patrols (significant eradication projects are covered under
section C. Adaptive Management); and
4. Monitor and report enforcement issues, including off-road traffic,
trespassing, grazing, shooting, and illegal dumping to enforcement
agencies, such as, the County Sheriffs Department, City Police
Department; U.S. Border Patrol, and property owners.
G. Participate in public hearings/meetings, Resource Agencies meetings, and
field visits.
H. Complete tasks within time and budget requirements.
,
II. Biological Surveys and On-Going Biological Monitoring
Provide biological research, data collection and analyses including, but not limited to,
the following:
" Page 17
5-21
A. As a part of the Annual Work Plan, determine the biological studies,
reports, and focused surveys that need to be undertaken in the Preserve.
B. Conduct biological reconnaissance and biological field surveys, including
focused surveys for threatened or endangered species (e.g. California
gnatcatcher, coastal cactus wren) and/or monitoring of these species per
USFWS monitoring protocols.
C. Assist in the preparation of biological resource reports meeting City,
County, State and Federal criteria.
D. Provide science-based technical recommendations to POM staff and any
contractors hired for specific management tasks for survey design,
monitoring protocols, data collection and analysis, and adaptive
management programs.
III. Adaptive Management
A. Prioritize threats to the preserve and provide guidance to POM staff on
direct management actions to deal with those threats.
B. Prepare and coordinate implementation of plans for comprehensive
eradication and control of exotics. This may include mapping exotic
species infestations and detailing methods to employ to remove such
infestations.
C. Develop and/or coordinate implementation of biological restoration
programs, including ecological restoration/creation plans for any sensitive
habitat, sensitive floral or faunal species, and erosion control plans.
I. Provide specialized biological assistance required for the
preparation of the restoration' program, including wetland and
sensitive habitat delineation, and vegetation and wildlife
assessment.
2. Develop revegetation plans, cost estimates, and specifications for
plan implementation.
3. Develop irrigation plans, cost estimates, and specifications for plan
implementation.
4. Develop and/or implement restoration monitoring plans and
monitoring schedules.
5. Perform restoration monitoring.
D. Continuously evaluate the effectiveness and efficiency of preserve
management activities in view of available resources and ensure consistent
use of the most cost-effective methods for management.
Page 18
5-22
IV. Reporting
A. Prepare and submit monthly reports for the first year and quarterly reports
for subsequent years to paM staff. These reports shall summarize field
observations including, but not limited to, the following:
1. List of species observed during the observation period;
2. Areas in need of invasive control, remediation, and/or restoration;
3. Management and monitoring tasks recommended to be
implemented;
4. Prioritization of those management and monitoring tasks;
5. Basic stewardship activities; and
6. Progress towards completion of the annual Work Program.
V. Other services that may be required
A. Prepare and/or assist in identifYing discrepancies in management and
monitoring requirements between the adopted MSCP Subarea Plans for the
County and City and the Otay Ranch Phase 2 RMP.
B. Assist in the preparation of grant proposals to apply for additional funding for
Preserve management tasks beyond what is needed to be consistent with the
RMP and MSCP.
C. Assist in the technical reVlSlons of Phase 2 RtV1P and provide
recommendations for prioritization and implementation of resource
management directives.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
The Consultant may be required to prepare and submit the following deliverables
throughout the term of this Agreement. Additional deliverables not noted below, but
related to the scope of work identified in Section 8.A. (Detailed Scope of Work) of this
Agreement, may be requested on an as-needed basis. At the time of the request, the City
will provide the Consultant with the submittal requirements for the deliverable(s) and
deliverable shall be completed to the satisfaction of the City.
Page 19
5-23
Deliverable No. I: Monitoring reports shall be due bi-weekly for the fIrst six months
and shall be emailed to the contract administrator. Subsequent
monitoring reports shall be submitted quarterly or based on the
request of the City.
Deliverable No.2: An Annual Work Plan summanzmg proposed management and
monitoring tasks to be completed during the next fIscal year,
including, but not limited to the following, prioritization of
management and monitoring tasks to be implemented;.
Deliverable No.3: Prepare and submit biological resource reports, in order to document
the habitat and/or wildlife species observed during biological
reconnaissance and/or focused biological surveys.
Deliverable No.4: Prepare and submit plans for comprehensive eradication and control
of exotics, which may include maps detailing exotic species
infestations and methods to remove such invasives.
Deliverable No.5: Prepare and submit biological restoration plans, including ecological
restoration/creation plans for any sensitive habitat, sensitive floral or
faunal species, and erosion control plans.
Deliverable No.6: Pursuant to Section 8.A. (Detailed Scope of Work) of this document,
other reports/documentation/GIS data may be requested on an as-
needed basis and completed to the satisfaction on the City.
D. Date for completion of all Consultant services: I-year from the Effective Date of this
Agreement. with an option for the Citv to extend for I-year (or each subsequent year)
9. Materials Required to be Supplied by City to Consultant:
None.
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
Page 20
5-24
( ) 1. Interim MontWy Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the soie and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim montWy advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
Fee for Said Phase
$
$
$
( ) I. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
Page 21
5-25
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below 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 tasks
of the Defined Services herein required of Consultant for an amount up to
$ 350,000 , including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preClude Consultant from providing additional
Services at Consultant's own cost and expense.
Categorv of Emolovee
Principal in Charge
Senior Biologist
Senior Biologist
Senior Biologist
Associate Biologist
Analyst
Production
Rate Schedule
Name ofConsultant(s)
Paul Fromer
Mark Dodero
Wendy Loeffler
John Lovio
Hourlv Rate
$178
$146
$146
$146
$119
$99
$70
$40
$78
Crew
GIS Technician
( ) Hourly rates may increase by 6% for. services rendered after [ month], 20_, if delay
in providing services is caused by City.
Page 22
5-26
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
12. Contract Administrators:
City:
Josie McNeeley, Associate Planner
276 Fourth Avenue, Public Services Building 300
Chula Vista, CA 91910
(619) 409-5922
Consultant:
Paul Fromer, Principal
1927 Fifth Avenue
San Diego, CA 92101-2358
(619) 308-9333
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Contlict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
Page 23
5-27
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City ofChula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No. 7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
None.
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
Page 24
5-28
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
, J:\P!anningVosie\POM\Preserve Biologist. RFQI2PTYAgreemem.doc
Page 25
5-29
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A TWO-PARTY
AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND RECON ENVIRONMENTAL, INC., TO
SERVE AS THE OTAY RANCH PRESERVE
STEW ARD/BIOLOGIST ("AGREEMENT") AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT AND UP TO FOUR I-YEAR
EXTENSIONS TO THE AGREEMENT
WHEREAS, the City of Chula Vista (City) and County of San Diego (County)
jointly adopted the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP)
in 1993, which sets forth the plans for development and open space within Otay Ranch;
and
WHEREAS; the GDP/SRP delineates an approximately 11,000 acre area as the
Otay Ranch Preserve system (Preserve) and includes the Otay Ranch Resource
Management Plan (RMP) Phase 1, which identifies major policies and implementation
measures to guide development and the protection of the biological and cultural resources
within Otay Ranch; and
WHEREAS, the R1\1P Phase I requires, prior to the approval of the first Sectional
Planning Area within the Ranch, a Preserve Owner/Manager (POM) for the Preserve
must be selected and an R1\1P Phase 2 must be completed, which would serve as the
implementation plan providing the framework for the protection, management, and
monitoring requirements of the Preserve; and
WHEREAS, in 1996, the R1\1P Phase 2 was completed and the City and the
County designated themselves as the Otay Ranch POM and executed a Joint Powers
Agreement to delineate their respective roles and responsibilities; and
WHEREAS, the City and County continue to serve as the Otay Ranch
Preserve/Owner Manager and are responsible for implementing the R1\1P by actively
managing and monitoring preserve lands conveyed to the Otay Ranch Preserve system;
and
WHEREAS, in March 2009, the Otay Ranch POM Preserve Management Team
and Policy Committee directed POM staff to retain a Preserve Steward/Biologist to
provide the technical expertise to advise the POM on the status of the Preserve, monitor
the sensitive biological resources existing within the Preserve, and implement basic
stewardship in accordance with the R.MP; and
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WHEREAS, on May 6, 2009, a Request for Qualifications was distributed to
qualified biological consultants in order to solicit candidates interested in serving as the
Otay Ranch Preserve StewardlBiologist; and
WHEREAS, upon completing a competitive bidding process, the City, with POM
staff concurrence, has selected RECON Environmental, Inc. (RECON) to serve as the
Preserve StewardlBiologist in order to manage and monitor the biological resources
within the Preserve in accordance with the approved Otay Ranch RMP.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby
approve the two-party agreement with RECON and the City of Chula Vista for biological
consulting services as the Preserve Steward/Biologist for the Otay Ranch Preserve (the
"Agreement") and authorizes the City Manager to execute the Agreement, and up to four
I-year extensions to the Agreement, on behalf of the City.
Presented by
Approved as to form by
~aftf)
. leI..
. At! mey
Gary Halbert, P.E., AICP
Deputy City Manager I Development
Services Director
J:\Planning\Josie\PON1\Preserve Biologist - RFQ\RESO_2pty Agreementl.doc
5-31
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORt\1ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
g~ O~/
f, City Attorney
Dated:~ ?-q! n,
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND RECON ENVIRONMENTAL, INC.
FOR BIOLOGICAL CONSULTANT SERVICES ASSOCIATED
WITH THE OT A Y RANCH PRESERVE STEW ARD/BIOLOGIST
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Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
RECON Environmental, Inc.
for Biological Consultant Services Associated with
the Otay Ranch Preserve StewardlBiologist
This agreement ("Agreement"), dated for the purposes of reference
only, and effective as of the date last executed unless another dite is otherwise specified in
Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals
Whereas, on May 6,2009, a Request for Qualifications was distributed to qualified biological
consultants in order to solicit candidates interested in serving as the Otay Ranch Preserve
StewardlBiologist; and
Whereas, the property which is the subject matter of this Agreement is commonly known as
Otay Ranch Preserve, and is shown as set forth in the attached Exhibit B ("Property"); and,
Whereas, the City received proposals from four biological consultants in response to the
formal Request for Qualifications; and
Whereas, the City evaluated each submittal based on clarity, approach, cost, qualifications,
and completeness; and
Whereas, through a competitive bid process, the Consultant was selected based upon its
proposed approach and demonstrated qualifications to perform the services outlined in the
detailed scope of work; and
Whereas. Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
(End of Recitals. Next Page starts Obligatory Provisions.)
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Page I
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and
Schedule", not inconSistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions
and in similar locations.
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F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOl).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code I (any auto).
(3) Workers' Compensation insurance as required by the State of Califomia and
Employer's Liability Insurance.
(4) Professional Liability or Errors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this projectJlocation or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
Deductibles and Self-Insured Retentions
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Any deductibles or self-insured retentions must be' declared to and approved by tbe City. At
the option of the City, eitber the insurer will reduce or eliminate such deductibles or self-insured
retentions as they pertain to the City, its officers, officials, employees and volunteers; or tbe
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, tbe worker's compensation
policies are to contain, or be endorsed to contain, tbe following provisions:
(1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insureds witb respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to tbe contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, tbe endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to tbe City, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from tbe insurance of tbe contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by this clause must be endorsed to state tbat coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, retUrn receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify tbe additional insured
would be invalid under Subdivision (b) of Section 2782 of tbe Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of tbe City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of tbe contract or the
beginning of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
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(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims reporting requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a
surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies conform to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
commences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all subconsultants as insureds under its policies or fumish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(I) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond in the form prescribed by the City and by such sureties which are
authorized to transact such business in the State of California, listed as approved by the United
States Department of Treasury Circular 570, http://www-fms.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure,
except as provided otherwise by laws or regulations. All bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act. Surety companies must be duly
licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the
,
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limits so required. Form must be satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the
bank: a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of
this Agreement. The letter of credit shall be issued by a bank:, and be in a form and amount
satisfactory to the Risk Manager or City Attorney which amount is indicated in the space
adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, 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 irrunediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
H. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, f1les
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision of these materials beyond thirty (30)
days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 17,"but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
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in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, 'and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph II.
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C)
to be charged upon making such payment.
3, Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4, Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof. .
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the 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 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can
be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
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If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
E. Duty to Advise of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's that may result in a conflict of interest for the
purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
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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 twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to
be the result of the negligent acts, errors or omissions or the willful misconduct of the
Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for
whom Consultant is legally responsible in connection with the execution of the work covered by
this Agreement, except only for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of
the City, its officers, employees. Also covered is liability arising from, connected with, caused
by or claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions, Consultant
shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without limitation attorneys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects, landscape
architects, surveyors and engineers), the following indemnification provisions should be utilized:
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims 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
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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 acts or omissions of the Consultant, its
employees, 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.
(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 all liability, claims, costs, and damages, including but not
limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness
or willful misconduct of Consultant and its agents in the performance of services under this
agreement, but this indemnity does not apply liability for damages for death or bodily injury to
persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or
defects in design by City or the agents, servants, or independent contractors who are directly
responsible to City, or arising from the active negligence of City.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of the
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
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City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty
(30) days before the effective date of such termination. In that event, all finished and unfmished
documents and other materials described hereinabove shall, at the option of the City, become
City's sole and exclusive property. 1f the Agreement is terminated by City as provided in this
paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
II. 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 notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the services required under
this Agreement. City maintains the right only to reject or accept Consultant's work products.
Consultant aod any of the Consultant's agents, employees or representatives are, for all purposes
under this Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of them shall be entitled to aoy 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, aod Consultant shall be solely responsible for the
payment of same aod shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
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No suit or arbitration shall be brought arising out of this agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 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.
5-44
Page 12
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 diss;harged 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.)
5-45
Page l3
Signature Page
to
Agreement between
City of Chula Vista
and
RECON Environmental, Inc. (RECON)
for Biological Consultant Services Associated with
the Otay Ranch Preserve StewardJBiologist
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
City of Chula Vista
By:
James D. Sandoval, City Manager
Attest:
Donna Norris, City Clerk
Approved as to form:
Bart Miesfeld, City Attorney
Dated:
RECON Environmental, Inc.
"'-l lfi
,'"
B <~-V .ll~'-----
y ,.
Robert MacAller, President
Exhibit List to Agreement
(x) Exhibit A.
(x) Exhibit B.
5-46
Page 14
I. Effective Date of Agreement:
2. City-Related Entity:
Exhibit A
to
Agreement between
City of Chula Vista
and
RECON Environmental, Inc.
August 4. 2009
(x) City of Chula Vista, a muoicipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
4. Consultant:
RECON Environmental, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1927 Fifth Avenue
San Diego, CA 92101-2358
Voice Phone: (619) 308-9333
Fax Phone: (619) 308-9334
5-47
Page 15
7. General Duties:
Consultant shall provide a specific biologist as the preserve steward who will be expected to
perform the majority of the monitoring and management tasks needed and will be responsible
for subcontracting with biologists who have additional expertise, as needed. Consultant must
have the ability to manage subcontractors for management and monitoring tasks that the
Consultant does not have the expertise to complete. The preserve steward shall:
(a) Have extensive field experience and demonstrate the ability to manage large areas
ofland,
(b) Be qualified to conduct field surveys as well as prepare written documents,
including graphics,
(c) Have the required permits to survey for listed species in the Otay Ranch Preserve
(e.g., gnatcatchers, Quino, etc.) or the ability to subcontract to biologists with the
necessary permits,
(d) Have knowledge of the adopted Phases 1 and 2 Otay Ranch Resource
Management Plans (RMP), and,
(e) Have knowledge of the adopted Multiple Species Conservation Program (MSCP)
Subregional Plan, MSCP Subarea Plans for the City and County. The preserve
steward shall assist the POM in ensuring compliance with these programs/plans.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Tasks that may be required include but are not limited to the following.
1. On-Going Services
A. Prepare an Annual Wark Plan recommending management and monitoring
tasks to be accomplished during the next fiscal year. The work plan shall
include, but is not limited to, the following:
1. Recommendation of tasks to be performed in priority order;
2. Citations of how the tasks relate to the RMP (cite specific enabling
RMP goals, objectives, policies or implementation measure);
3. Expected outcome including success criteria;
4. Estimated costs;
5. Recommendation of who will perform the task; and
6. Recommendation of time frame.
B. Oversee and coordinate Otay Ranch preserve management, monitoring,
and reporting with the Wildlife Agencies, the POM, Otay Ranch land
owners who may convey lands within the Preserve, regional monitoring
entities, interested public groups, and the general public.
5-48
Page 16
C. Provide science-based technical recommendations to paM staff and any
contractors retained to conduct specific management tasks, monitoring,
data collection and analysis, and adaptive management programs.
D. Perform biological monitoring as directed by paM staff.
E. Participate and represent the paM in regional or subregional meetings
relating to preserve management and monitoring to ensure management
and monitoring efforts within the Preserve are not being duplicated.
Meetings may include:
1. Monthly MSCP Monitoring Group meetings
2. SAt"\iDAG Environmental Mitigation Program Working Group
meetings
3. Otay Valley Regional Park (OVRP) Joint Exercises of Power
Agreement (JEPA) meetings if the agenda includes items
associated with the Otay Ranch Preserve
F. Implement basic stewardship including, but not limited to, the following:
1. Monitor existing fencing/gates and identify needs for additional
access control; provide minor repairs and coordinate with
appropriate contractor to repair or construct more significant
fencing! gate needs;
2. Remove minor amounts of trash, litter, and debris; monitor and
report to appropriate contractor to remove significant amounts of
trash, litter, and other debris;
3. Remove small acreages of weeds and exotics that are found during
routine patrols (significant eradication projects are covered under
section C. Adaptive Management); and
4. Monitor and report enforcement issues, including off-road traffic,
trespassing, grazing, shooting, and illegal dumping to enforcement
agencies, such as, the County Sheriffs Department, City Police
Department, U.S. Border Patrol, and property owners.
G. Participate in public hearings/meetings, Resource Agencies meetings, and
field visits.
H. Complete tasks within time and budget requirements.
II. Biological Surveys and On-Going Biological Monitoring
Provide biological research, data collection and analyses including, but not limited to,
the following:
5-49
Page 17
A. As a part of the Annual Work Plan, determine the biological studies,
reports, and focused surveys that need to be undertaken in the Preserve.
B. Conduct biological reconnaissance and biological field surveys, including
focused surveys for threatened or endangered species (e.g. California
gnatcatcher, coastal cactus wren) and/or monitoring of these species per
USFWS monitoring protocols.
C. Assist in the preparation of biological resource reports meeting City,
County, State and Federal criteria.
D. Provide science-based technical recommendations to POM staff and any
contractors hired for specific management tasks for survey design,
monitoring protocols, data collection and analysis, and adaptive
management programs.
III. Adaptive Management
A. Prioritize threats to the preserve and provide guidance to POM staff on
direct management actions to deal with those threats.
B. Prepare and coordinate implementation of plans for comprehensive
eradication and control of exotics. This may include mapping exotic
species infestations and detailing methods to employ to remove such
infestations.
C. Develop and/or coordinate implementation of biological restoration
programs, including ecological restoration/creation plans for any sensitive
habitat, sensitive floral or faunal species, and erosion control plans.
1. Provide specialized biological assistance required for the
preparation of the restoration program, including wetland and
sensitive habitat delineation, and vegetation and wildlife
assessment.
2. Develop revegetation plans, cost estimates, and specifications for
plan implementation.
3. Develop irrigation plans, cost estimates, and specifications for plan
implementation.
4. Develop and/or implement restoration monitoring plans and
monitoring schedules.
5. Perform restoration monitoring.
D. Continuously evaluate the effectiveness and efficiency of preserve
management activities in view of available resources and ensure consistent
use of the most cost-effective methods for management.
5-50
Page 18
IV. Reporting
A. Prepare and submit monthly reports for the fIrst year and quarterly reports
for subsequent years to POM staff. These reports shall summarize fIeld
observations including, but not limited to, the following:
1. List of species observed during the observation period;
2. Areas in need of invasive control, remediation, and/or restoration;
3. Management and monitoring tasks recommended to be
implemented;
4. Prioritization of those management and monitoring tasks;
5. Basic stewardship activities; and
6. Progress towards completion of the annual Work Program.
V. Other services that may be required
A. Prepare and! or assist in identifying discrepancies in management and
monitoring requirements between the adopted MSCP Subarea Plans for the
County and City and the Otay Ranch Phase 2 RMP.
B. Assist in the preparation of grant proposals to apply for additional funding for
Preserve management tasks beyond what is needed to be consistent with the
RtVlP and MSCP.
C. Assist in the technical reVlSlons of Phase 2 RMP and provide
recommendations for prioritization and implementation of resource
management directives.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates ar Time Limits for Delivery of Deliverables: ,
The Consultant may be required to prepare and submit the following deliverables
throughout the term of this Agreement. Additional deliverables not noted below, but
related to the scope of work identifIed in Section 8.A. (Detailed Scope of Wark) of this
Agreement, may be requested on an as-needed basis. At the time of the request, the City
will provide the Consultant with the submittal requirements for the deliverable(s) and
deliverable shall be completed to the satisfaction of the City.
Page 19
5-51
Deliverable No.1: Monitoring reports shall be due bi-weekly for the first six months
and shall be emailed to the contract administrator. Subsequent
monitoring reports shall be submitted quarterly or based on the
request of the City.
Deliverable No.2: An Annual Work Plan summanZillg proposed management and
monitoring tasks to be completed during the next fiscal year,
including, but not limited to the following, prioritization of
management and monitoring tasks to be implemented;
Deliverable No.3: Prepare and submit biological resource reports, in order to document
the habitat and/or wildlife species observed during biological
reconnaissance and/or focused biological surveys.
Deliverable No.4: Prepare and submit plans for comprehensive eradication and control
of exotics, which may include maps detailing exotic species
infestations and methods to remove such invasi ves.
Deliverable No.5: Prepare and submit biological restoration plans, including ecological
restoration/creation plans for any sensitive habitat, sensitive floral or
faunal species, and erosion control plans.
Deliverable NO.6: Pursuant to Section 8.A. (Detailed Scope of Work) of this document,
other reports/documentation/GIS data may be requested on an as-
needed basis and completed to the satisfaction on the City.
D. Date for completion of all Consultant services: I-year from the Effective Date of this
Agreement; however, the City shall have the option to renew this Agreement on an
annual basis, at the City's sole discretion, for four additional I-year terms. The City
Manager shall have the authority to exercise each option to renew. The City Council may
authorize subsequent renewals, at its discretion.
9. Materials Required to be Supplied by City to Consultant:
None.
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.
F or performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
5-52
Page 20
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
2.
3.
Fee for Said Phase
$
$
$
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that mustbe returned to the City if the Phase is not satisfactorily
completed.lfthe Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
5-53
. Page 21
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours oftirne spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) (X)Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant oftime and materials in excess of said
Ma,imum Compensation amount, Consultant agrees that Consultant will perform tasks
of the Defined Services herein required of Consultant for an amount up to
$ 350.000 . including all Materials, and other "reimbursables" ("Maximum
Compensation").
The rates set forth in the Rate Schedule below shall be effective upon execution of
this Agreement. If the City elects to renew this Agreement, pursuant to Section S.D. of
this Exhibit A, the Consultant shall continue to be compensated at the rates set forth in
the Rate Schedule below, for up to two I-year renewal periods. After such time, if the
City chooses to exercise its option to renew the Agreement, the City and the Consultant
shall negotiate the rate schedule at the time of renewal. The total amount of
compensation for each renewal period shall not exceed the CFD funds available for
purposes of compensating the Consultant, as determined by City's finance staff.
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Categorv of Emplovee
Principal in Charge
Principal
Principal
Rate Schedule
Name ofConsultant(s)
Paul Fromer
Peter Tomsovic
Robert MacAller
Hourlv Rate
$169
$169
$169
5-54
Page 22
Senior Biologist Mark Dodero $139
Senior Biologist Wendy Loeffler $139
Senior Biologist John Lovio $139
Associate Biologist Brenna Ogg $113
Associate Biologist Raquel Atik $113
Associate Biologist Erin McKinney $113
Analyst Mike Nieto $94
Assistant Anna Bennett $80
Assistant Alexander Forner $80
Assistant Elizabeth Proscal $80
Production Greg Kazmer $67
Production Steven Gaughran $67
Crew Various $40
GIS Technician Frank McDermott $74
GIS Technician Sean Bohac $74
( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
F or the cost of out 0 f pocket expenses incurred by ~onsultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
() Reports, not to exceed $6!bound report plus $0.08/page(B&W) and
$1.00 (color):
() Copies, not to exceed $0.08/page (B&W) and $1.00 (color):
() Travel, not to exceed $0:
() Printing, not to exceed $O.OS/page (B&W) and $1.00 (color):
5-55
Cost or Rate
$6!bolmd report
plus
$0.08/page(B&Vl)
and $1. OO/page
(color):
SO.08/page
(B&W) and
$1.00/page (color)
SO.OO
$0.08/page
(B&W) and
$1.00/page (color)
Page 23
() Postage, not to exceed Standard USPS rates, no mark up:
() Delivery, not to exceed Standard delivery rates, no mark up:
() Long Distance Telephone Charges, not to exceed $0.00.
() Other Actual Identifiable Direct Costs:
. Standard herbicide mix (glyphosate only), dye, activator,
and conditioner not to exceed $90/gallon:
. 2000 gallon Water Truck, not to exceed $250/day:
. Herbicide Truck, not to exceed $250/day:
. 40 yard bin, not to exceed $430/bin:
. Plant material, not to exceed $3.50/1 gallon (standard
species)
12. Contract Administrators:
City:
Josie McNeeley, Associate Planner
276 Fourth Avenue, Public Services Building 300
Chula Vista, CA 91910
(619) 409-5922
Consultant:
Paul Fromer, Principal
1927 Fifth Avenue
San Diego, CA 92101-2358
(619) 308-9333
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
Standard USPS
rates
Standard deli very
rates
$0.00
$
$90/gallon
$250/day
$250/day
$430/bin
$3.25/1 gallon
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X)Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
5-56
Page 24
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) 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:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
In the event the Consultant finds it necessary to retain a subconsultant to complete any of the
services identified in Section S.A. (Detailed Scope of Work) of this Agreement, the selection
of the subconsultant shall be subject to the approval of the City.
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
Page 25
5-57
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number:
18. Security for Performance
( ) Performance Bond, $
( ) Letter 0 f Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
J:\PlanningVosie\POivf\Preserve Biologist - RFQ\2PTY Agreementdoc
5-58
Page 26
CITY COUNCIL
AGENDA STATEMENT
l}\f? CITY OF
...~ - (HUlA VISTA
AUGUST 4, Item ~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHOPlZING THE CITY MAi'lAGER TO
APPLY FOR STA TE OF CALIFORNIA HOMELESS
PREVENTION AND RAPID RE~HOUSING PROGRAM
(HPRP) FUNDS A1'JD EXECUTE ANY DOCUMENTS
NECESSARY TO OBTAIN W7!JRANT FUNDS
DEPUTY CITY MA1'JAGE~~EVELOPMENT SERVICES
DIRECTOR ~
CITY MANAGER/V
4/5THS VOTE: . YES D NO 0
SUBMITTED BY:
REVIEWED BY:
SUMMARY
The City of ChuIa Vista has the opportunity to apply for additional HPRP funds through
the State of California in a collaborative partnership ';,;ith South Bay Community Services
and the Legal Aid Society of San Diego. This action allows the City Manager to submit all
documents necessary to obtain the grant funds.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
""ith the National Environmental Policy Act (N"EPA) and has determined that the project
qualifies for a Certification of Exemption pursuant to Title 24, Part 58.34(a)(2)&(3) of the
Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban
Development Environmental Guidelines. Thus, no further environmental review is
necessary.
RECOMMENDATION
Adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
6-1
8/4/09, Item C:
Page 2
The City of Chula Vista was recently approved for $819,738 of one-time HPRP funds.
The program provides stimulus funds authorized under the Recovery Act. Generally, the
intent of HPRP assistance is to rapidly transition program participants to stability, either
through their own means or through public assistance, as appropriate. The priority is to
serve households that are most in need of temporary assistance and are most likely to
achieve stable housing after HPRP program concludes. The funds may not be used to assist
households at risk of foreclosure. '.
Additional HPRP funds were allocated to the states to distribute to additional jurisdictions.
On July 8, 2009, the State of California, Department of Housing and Community
Development, Division of Financial Assistance, issued a Notice of Funding Availability
under the American Recovety and Reinvestment Act-Homelessness Prevention and Rapid
Re-Housing Program. Although Chula Vista received a direct allocation from HUD, the
State is allov.-ing for jurisdictions to apply for additional funding at a less competitive
score. City staff is looking to submit a collaborative application with South Bay
Community Services and the Legal Aid Society of San Diego.
Attached to this staff report are: a SummlliJ' of eligible uses is included (Attachment 1), a
graphic display of the proposed service model (Attachment 2), and the draft application
Attachment 3). A brief synopsis is provided below.
. Target HPRP funds for homeless families with children, youth on their own
(emancipated foster youth), and families fleeing domestic violence.
. A rough estimate of the number of households served is 50, but this depends on how
many months households will require rental assistance.
. Households could be referred by a variety of sources (school liaisons, 211, social
service providers, etc.), but would all come through one agency.
. South Bay Community Services (SBCS) is the social service agency to implement the
[mancial assistance and case management. The Legal Aid Society of San Diego will
provide some housing stabilization services.
. Case managers would provide intake, assessment, referrals, and other housing and
stabilization services.
. Rental assistance payments will be made by SBCS. The case manager will evaluate the
families need every 3 months, with a maximum assistance of 18 months.
Citizen ParticiDation Process
The City of Chula Vista held two workshops to educate residents of potential American
Recovery and Reinvestment Act funds coming to the City, and to receive feedback on the
various sources. Staff also participated in six regional meetings in an effort to create a
regional plan for HPRP funds. The regional group included other jurisdictions receiving
the funds, SA1'<'DAG, Regional Task Force on the Homeless, San Diego Workforce
Partnership, United Way, San Diego Grantmakers, the Regional Continuum of Care, and
San Diego County HHSA. Another meeting was held with the South Bay Homeless
Advocacy Coalition consisting of the homeless provider network in the South Bay region.
6-2
8/4/09, Item fo
Page 3
I Date I Meeting
7/26 I Homeless Prevention Funds Planning Group
3/12 i Homeless Prevention Funds Planning Group
3/23 Stimulus Funding Workshop
3/23 Stimulus Funding Workshop
3/76 I Homeless Prevention Funds Planning Group
3/26 i SANDAG- Homeless Prevention Funds Regional Plan
4/2 Homeless Prevention Funds Planning Group
4/6, South Bay Homeless Advocacy Coalition
4/13 I Homeless Prevention Funds Planning Group
4116 I Housing Advisory Commission
The HPRP plan for the City's direct allocation was available for a two week comment
period, To maximize transparency, materials were also posted on the City's website,
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section I 8704,2(a)(l) is not applicable to this decision,
FISCAL IMPACT
This round of HPRP funds are coming from the U,S, Department of Housing and Urban
Development through the State of California Department of Housing and Community
Development Funds are available to help prevent very low income households from
becoming homeless, Direct fmanciaI assistance, housing stabilization services and related
administration are eligible HPRP uses, Funds totaling $900,000 are requested in the
collaborative application, If approved. staff will return to City Council for appropriations,
CURRENT YEAR FISCAL IMP ACT
Stafftirne spent on grant administration is reimbursable up to the administrative cap,
ONGOLNG FISCAL IMPACT
The majority of expenditures are direct sen'ice delivery costs by outside agencies, These
will be reimbursed from the grant Administrative duties that exceed the cap are absorbed
by existing revenue offset staff
ATTACHMENT
L Summary of Eligible Uses
2, Service Model
3, Draft HPRP Application
Prepared by: Amanda ,Mills, Housing Manager, Development Services Department
6-3
ATTACHMENT 1
HPRP ELIGIBLE USES
Funds will provide financial assistance and services to prevent households from becoming
homeless and help those who are experiencing homelessness to be quickly re-housed and
stabilized. Funds allow for a variety of assistance, including: short (3 mos.) or medium
term (up to 18 mos.) rental assistance, security deposit, and housing relocation and
stabilization services. Funds must be spent within 3 years.
General Program Areas:
Prevention -working with near homeless to prevent homelessness
Diversion -immediate effons to salvage a situation that may lead to homelessness
Rapid Re-Housing -persons already homeless needing housing
The program consists of four eligible activities:
Financial Assistance-Financial assistance includes the following actlvll1es: rental
assistance, security deposits, utility deposits, utility payments, moving cost assistance,
and motel or hotel vouchers. Short (3 mos.) and medium (up to 18 mos.) term rental
assistance is tenant-based rental assistance that can be used to allow households to
remain in their existing units or to help them obtain and remain in rental units. Rental
assistance may be used to pay up to 6-months of rental arrears to avoid eviction/unlawful
detainer. Total rental assistance may not exceed a total of 18 months.
After three months, if program panicipant receiving short-term rental assistance need
additional fina!lcial assistance to remain housed, they must be evaluated for eligibility to
receive additional months of rental assistance. Must verify eligibility at least once every
three months for program panicipants receiving medium-term rental assistance.
Utility assistance may be used to pay up to 18 months of utility payments, including up
to 6 months of utility payments in arrears.
Housing Relocation and Stabilization Services/Case Management-Case Management
funds may be used for activities for the arrangement, coordination, monitoring, and
delivery of services related to meeting the housing needs of program panicipation and
helping them obtain housing stability. In addition to traditional case management
functions, eligible housing stabilization services include: housing search and placement,
legal services, and credit repair.
Data Collection and Evaluation-Data collection and evaluation includes costs associated
with operating HOD-approved homeless management information systems for purposes
of collecting unduplicated counts of homeless persons and analyzing patterns of use of
HPRP funds. The Recovery Act requires panicipation in data collection through HMIS
or a comparable client-level database.
Administrative Costs-Limited to 1 % of the total grant.
6-4
ATTACHMENT 2
HOMELESS PREVENTION SERVICE MODEL
6-5
STATE OF CALIFORNIA
DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT (HCD)
Homelessness Prevention .and
Rapid Re-Housing Program (HPRP)
2009
FINAL FILING DATE:
On or before August 6, 2009
4:00 P.M.
6-6
Table of Contents
I. General Appli cation Information ............ ...................... .............. ............. ........ ... ............. .:............ ......... .................... ....... 1
II. Appl icant Prog ram Info rmation .... ....... ...................... ...... ......... .............................. .............. ............. ..,......... ..... .............2
III. Initial Outcomes Estim ates ............. ...................... ......... ...................................... ............... .... ........ ........ ........ ................4
IV. State Legislative and U.S. Congressional Information ................................................................................................5
V. Bud get.... ........ ....... ........................... .......... .................. ................. ............... ................... ....... ....... ............. ............... .........6
VI. Fund Draw Down Sched ule ...........................................................................................................................................12
VII. Threshold Questions .................................................................................. .................................................................. 12
A. Applicant Capability..............
B. Services Proposed ............
C. Outreach and Marketing...
D. Fiscal Management...... .................
......................... 12
..............................13
............15
......16
VIII. Req u ired Attachments................... ................. ........................................................ ............. .................. ......................19
Attachment A - Resol ution ... ................... ..... ............ ......... .............. .................... ................................................ ...............20
Attachment B - Homelessness Prevention and Rapid Re-Housing Program (HPRP) Applicant Certifications ........21
Attachment C - Local Jurisdictional Approval .................................................................................................................23
""o"mo" 0 . Coc.' Noo' A=o!rll'lr ..... .....J\......F....... mmmmmmm.................................."
Attachment E - NonprofIt IRS Tat:1 S ....M.. . ................. ........................................................25
Attachment F - Outreach Plan ............................................................................................................................................26
Attachment G - Marketing Plan ..........................................................................................................................................27
Attachment H - Individualized Housing and Service Plan...............................................................................................28
Attachment I - HPRP Administrative Procedures ............................................................................................................29
Attachment J - Audit Report Findings......................................................,........................................................................30
Attachment K - Current Balance Sheet (For non-profits only) .................................~.....................................................31
Attachment L - Service Provider Agreement(s) or MOU(s) between Lead Agency and Partner Agency(s) ..............32
Attachment M - Payee Data Record (204) ..................,......................................................................................................33
6-7
.~~..o. STATE OF CALIFORNIA
&.. i'" DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
\"'o~"o" HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) (NEW 07/09)
I. General Application Information
Generallnslructions
1 Read the Notice of Funding Availability and HPRP Notice carefully
2. Applicants must ,use a 1 Q-point or greater font size to complete the application forms
3. Round all amounts to the nearest dollar.
4. All sections, including the application Attachments must be tabbed. Number any attachments as an extension of the page
number-where the attachment ,is requested. For example, if an attachment"was requested ion Page 7, '8 -one-page ,attachment
would be numbered 7-1. Do-not,add attachments except those, which ,are'requested!or as necessary,to complete an answer.
5. Please submit one original application in a White 3-Ring Binder with :pockets and one copy of the originally signed application
either bound with rubber bands or copy can be ,submittedon.a Compact Disk (CD) -'Labeled "Copy." The copy ,of application must
include copies of the originally signed application pages..Allapplications must be'typed or legibly,printed.
6, All applications will be reviewed for completeness.
7. All applicants applying under "Attachment A" and "Attachment.S" fromthe,NOFA should complete Sections I through VIII.
Application Type
Single Agency:O Multi-Agency rgJ (Enter the Lead Agency's administrative infomnation)
Note: Name of applicant must be the same as stated on the Articles of Incorporation, :Resolution and the.payee Data.Record.
1. Name of Applicant:
City of Chula Vista
County:
County of San Diego
I Nilmeof Prcject;
Federal Tax ID Number (EIN)'
95-6000690
Address:
Data Universal Numbers System (DUNS) :
276 Fourth Avenue
City, State and Zip:
Chula Vista, CA 91910
078-726551
Profit Status:
o Non-Profit t8J Government
If applicant is a Non-Profit, submit your 501 (C)(3) letter as Attachment E.
276 Fourth Avenue
'0 Other
2. Authorized, Representative Infor ,
First. Middle and Last Names:
James D. Sandoval
Address:
Area Code and Phone No.:
Fax No.:
E-Mail Address:
(619) 691-5201 (619) 409-5884 jsandoval@ci.chula-vista.ca.us
3. Applicant Contact Information - D Check box. if same as Authorized 'Representative and go to next section.
First, Middle and Last Names:
Mandv Mills
TItle:
Housin!l Manaaer
Address:
City,stateandZlp:
276 Fourth Avenue
Chula Vista, CA 91910
Area COde and Phone No.:
Fax No.:
E-Mail Address:
(619) (619) 476-5310 amills@ci.chula-vista.ca.us
4. Fiscal Representative Information (Le., Accoun~ntlBookkeeper)
First, Middle and Last Names:
Maria Kachadoorian
TItle:
Director of Finance
o Mr.
[8] Mrs,
OMs,
o Other
AddrllSs:
City,stateandZip:
276 Fourth Avenue Chula Vista, CA 91910
(;;~).;~d;:;"~~~ F(~~~) 585-56851 ~~';~~~~oorian@Ci.ChUla-vista.ca.us
5. ,Data 'Collection Coordinator Information '(i.e., Person tracking outcomes.and Data collection, etc:)
First, Middle and Last Names:
TItle:
Project Coordinator
DMr.
[8] Mrs.
D Ms.
o Other
..A!!gelica Davis
Address:
Arlla Code and Phone No.:
Fax No.:
E-Mail Address:
City, State alndZip:
Chula Vista, CA 91910
276 Fourth Avenue
(619) 691-5036 (619) 476-5310 adavis@ci.chula-vista.ca.us
6. Central Contractor Registration (CCR) number:*
*In order to draw funds, all sub-grantees must be registered in the Central Contractor Registration (CCR). This is required by
Title XV, Subtitle A, Section 1512 of the American Recovery and Reinvestment Act and detailed in the HPRP Notice. If you
are not reoistered, 00 to http://www.ccr.oov to renew. update or create a new reoistration. .
6-8
1
II. Applicant Program Information
Instructions: Check only one box below.
Single Agency - Complete Box 1; Continue to next page:
Multi-Agency - Complete Box 1, for the Lead Agency and complete an additional :boxfor each Partner Agency.
1. Name of Applicant
CITY OF CHULA VISTA
Name of Project:
CHULA VISTA HPRP COLLABORATIVE
County:
SAN DIEGO
Applicant Status:
Address:
276 FOURTH AVENUE
City, State and Zip:
CHULA VISTA, CA 91910
2. Partner Agency Information
Name of Partner Agency
South Bay Community Services
Address:
1124 Bay Boulevard, Ste. 0
City, State and Zip:
Chula Vista, CA
3. Partner Agency Information
Name of Partner Agency
Legal Aid Society of San Diego, Inc.
Address: .
110 South Euclid Avenue
City, State and Zip:
San Diego, CA
4. Partner Agency Infonnation
Name of Partner Agency
n!.
Address:
o Non-Profit
[81 Local Government
County:
San Diego
Applicant Status:
91911
I2l Non-Profit
o Local Government
County:
San Diego
Applicant Status:
92114
lEI Non-Profit
o Local Government
City, State and Zip:
o Non~Profit
o Local Government
5. Partner Agency Information
Name of Partner Agency
Address:
j County:
I Applicant Status:
o Non.Profit
o Local Government
City, State and Zip:
6. Partner Agency Information
Name of Partner Agency
Address:
County:
City, State and Zip:
Applicant Status:
o Non-Profit
o Local Government
7. Partner Agency Information
Name of Partner Agency
Address:
County:
City, State and Zip:
Applicant Status:
o Non-Profit
o Local Government
6-9
?
Program Type: Check all that apply
[8:J Homelessness Prevention
~ Rapid Re-Housing
1. Does the Lead Agency/applicant and all the Partner Agencies currently participate in an existinq
HMIS? (HMIS participation means your agency regularly contributes client data, from at least one of
your homeless housing or service programs, into a Continuum of Care (COC) designated HMIS.)
Yes ~ No 0
If NO, identify which agency(s) do not currently belong to an HMIS.
If YES, what is the address where the data is entered?1124 SAY SL VD., CHULA VISTA, CA
91911
2.
3.
4.
5
6.
Target Income: Check all that apply for Area Median Income (AMI)
[8] 50% or less of AMI
[8] 0% - 30% of AMI
Target Population Check only those populations that the Outreach Plan will target and verify.
i I i
~:hys::~_~isab'e~~~_DI 6. Sing~~~~__ ..0 111 Mentally III .. ................ .......=rs. Ge::ar Homeless .................0
i I -- -~ 117 Chronically Homeless
2. Persons Living with HIV/AIDS.. D! 7. Single Women. .............. .....0 12. Veterans ......... ...........01 (Must Meet Federal Definition) '.' 0
. 3~?~~~m~~;~~iedtrs o:_~ ~(~a:ilies~__h_~_mnnnn o 113. Victims of o::e~Jc vio,e::_.~l~ o~e; ~:=~::~::=~:~nn:n ~:
4. FosterYouths (18-24 Yearsorl. =:I~ , 01.
.n < 18 & Emancipated) ...nnn.m.n 01 9. ..~~gra:t Farm wo~~rs.mn..n 14. Substance Ab~sers .nnnnn.n. .~a"'oRKS .nmm.n...nn. .nmO
5. Single Adults ........................... D\ 10. Seniors................................O 15. Dually-Diagnosed.... ..Oi20. 581 Recipients ................. ....0
6-10
3
III. Initial Outcomes Estimates
Complete the data for each category below. The data reported is "estimated".
HCD will use these "estimates" to report to HUD the Initial Outcomes submitted by funded applicants.
Note: There are two separate timeframes to consider before gathering the data. The timeframes are listed
below.
Reporting period 1: July 2, 2009 through September 30, 2009
Reporting period 2: October 1, 2009 through September 30, 2012 (3 year grant period)
1. Number of Unduplicated Individuals and Families to be served
7-2-09 throuah 9-30-09 10-1-09 throunh 9-30-12
Number of Undupllcated Individuals to be
Served
Number of Families to be Served
2. Number of New Jobs Created and Jobs Retained by Activity (Full Time Equivalent (FTE) =160 hours per month)
Total Estimated
Number of Jobs Created
Total Estimated Number of
Jobs Created
Total Estimated Number
of Jobs Retained
Total Estimated Number
of Jobs Retained
7-2-09 throu h 9-30-09
10-1-09 throu h 9-30-12
7-2-09 throu h 9-30-09
10-1-09 throu h 9-30-12
1. Homelessness Preventjon
2. Rapid Re-Hausing
Totals
EXAMPLE
y ea participating agency;
3. Identify all Service Area(s) w
. Partner Agency
Outreach Services Inc.
Service Area 5)
City of Citrus Heights, Elk Grove, ,Rancho
Cordova
City of Elk Grove
Lead Agency
Partner Agency
Crisi~ Action Agency l
City of.RanchoCordova
Participatina Aaencvlsl Service Area{s)
Lead Agency City Of Chula Vista Chula Vista
Partner Agency South Bay Community Services Chula Vista
Partner Agency Legal Aid of San Diego, Inc. Chula Vista
Partner Agency
Partner Agency
Partner Agency
Partner Agency
Partner Agency
Is any participating agency listed above part of another HPRP application submitted to HCD?
Yes [gJ No 0
If yes, give the name of the participating agency and list the service area(s) being served under that.
Application. South Bay Community Services is the lead agency serving National City
6-11
4
IV. State Legislative and U.S. Congressional Information
For State Legislators: http://www.leqinfo.ca.qoV Provide the District Information .for all agencies included in this application ,
on page 3. Use your project address zip code to verify each districtand enter the data below.
'For U.S. House of Representatives: Find Who Represents You In Conqress Open the link and use your project address
zip code to verify each district.
Single Agency 0
Lead Aaencv ' .[Xj' District # First Name 'Last Name
State Assemblv Member 79 Salas Marv
State Senate Member 40 Ducheny Denise
U S. House of Representatives 51 Filner Bob
1. Partner Aaency . District # First Name Last Name
State Assembly Member 79 Salas Marv
State Senate Member 40 Ducheny . Denise
U.S. House of Representatives 51 Filner Bob
2. Partner Aqency District # First Name Last Name
State Assembly Member 79 Salas Marv
State Senate Member 40 Ducheny Denise
U.S. House of Representatives 51 Filner Bob
3 Partner Aqency .~ ~Name 'Last Name
State Assemblv Member - ,. I
. '!l
State Senate Member ~i . 111
U.S House of Representatives
4. Partner Aaencv District # First Name Last Name
-
State Assembly Member
State Senate Member
U.S. House of Representatives
5. Partner Aaencv District # First Name Last Name
State Assembly Member
State Senate Member
U.S House of Representatives
6. Partner Aqency District # 'First Name Last Name
State Assemblv Member
State Senate Member
U.S. House of Representatives
7 Partner Aqency District # First Name Last Name
State Assemblv Member
State Senate Member I
U S. House of Representatives
6-12
5
v. Budget
Budget Sheet Instructions
. A separate budget for each selected program (i.e. Homeless Prevention/Rapid Re-Housing)
must be completed. The budget forms include Proposed Budget - Service Costs; Proposed
Budget - Personnel Costs; and Budget Activities Lead Sheet.
. Budget Activities include:
o Financial Assistance
o Stabilization
o Data Collection
o Grant Administration
. The HPRP Budget Activities Lead sheet is a cumulative display of the Proposed Budget -
Service Costs and the Proposed Budget - Personnel Costs.
. For a Multi-Agency application, the Lead Agency must submit a cumulative budget that
represents the participating partner's budget information.. The Lead Agency will be responsible
for maintaining the partner agencies budgets.
. Please refer to the Department's Notice of Funding Availability (NOFA) and the HUD notice for
eligible costs for this program.
Plea" ,.f" to the .<ample DR:A:'FbT
6-13
6
HPRP BUDGET ACTIVITIES-LEAD SHEET
Homelessness Rapid Re-Housing Total Amount
Prevention Budgeted
Financial Assistance $378,000.00 $216,000.00 $594,000.00
Housing Relocation and $126,000.00 $72,000.00 $198,000.00
Stabilization Services
Subtotal $504,000.00* $288,000.00* $792,000.00
(Add previous two rows)
(Maximum of 56% of Total Amount (Maximum of32% afTotal
Requested) Amount Requested)
Data Collection and Evaluation
(Maximum of 11% of Total Grant Amount Requested)
Grant Administration
(Maximum of 1 % of Total Grant Amount Requested)
$99,000.00*
$9,000.00
The following budget percent
$900,000.00
terminin their budget requests:
Maior Budqet Activitv
Homelessness Prevention*
Rapid Re-housing*
Data Collection and Evaluation*
Grant Administration
Should Not Exceed
56% of your total request
32% of your total request
11 % of your total request
1 % of your total request
100%
'Any budget activities marked with an asterisk and exceeding the above guide must include an
attachment to the budget sheet(s) with a written justification for exceeding the guide. Justifications
submitted must reflect the need for increased dollar amounts based upon need and service delivery.
Attach any justification(s) behind the Budget in the application.
Budget activities exceeding the guide that are not accompanied with a justification shall be lowered to
the guide limit. After review of the pertinent justification(s), HCD may make adjustments to the
proposed budget(s).
Budget Limits Exceeded? Yes 0 No I2SJ
Justification Submitted? Yes 0 No 0
6-14
7
c.n
AODlicant/Oraanization:
HOMELESSNESS PREVENTION PROGRAM - SERVICE COSTS
HPRPPROPOSEDBUDGET
Amount
EIiWble Activities Reauested Descriotion of reouested Amount
. .
Financial Assistance . 'Short Term Rent (0-3 months)
Medium Term Rent (4-18 months)
Security Deposit
Utilitv Deposits and Payments
.",,,C,,,, lazr - I..- _ -
Motel/Hotel Vouc rs . . . . . ( llll bm
/Lu tal]
Housing Relocation and
Stabilization Services Credit Repair
i (Vendors, Not partner agencies) Outreach and Enoaoement
Leaal Services
Case. Mana!1ement
Housina Search & Placement
Subtotal
Data Collection
Subtotal
Grant Administration
Subtotal
0'>
I
~
8
Applicant/Organization:
HOMELESSNESS PREVENTION PROGRAM - PERSONNEL COSTS
HPRP PROPOSED BUDGET
Staff Title FTE'
Agency
Describe Major [Juties
FinanCial
Assistance
Stabilization
Data
Collection
Grant
Admin.
Total
m
I
~
m
Subtotal Staff Costs
'Full Time Equivalent (FTE) =160 hours per month
% Example: 80 Hours Worked + 160 hours=.5 FTE this should include only time spent working in this Program.
9
ADDlicantJOraanization:
RAPIO RE-HOUSING PROGRAM - SERVICEC;051'S
HPRP PROPOSED BUDGET
EiI~ible Activities
Amount
Req uested
Description Of requested Amount
Financial Assistance.
Short Term Rent (0-3 months)
Medium Term Rent (4-18 months)
Security Deposit
Utility DeEosits and Payments
Movinn Costs
-.I
Housing Relocation and .
Stabilization Services
"",II"",' V"l )Rj ~ r
Credit Repair
i!lllEill
DIilI
m
I
~
_(Vendors, Not oartner agencies)
Outreach and Ennanement
Lenal Services
Case Management
Housin!l Search & Placement.
Subtotal
Data Collection
Subtotal
',' -
Grant Administration
Subtotal
10
en
I
~
Applicant/Organization:
RAPID RE-HOU5ING PROGRAM -PERSONNEL costS
- HPRP PROPOSED BUDGET
Staff Title FTE' Agency Describe Major Duties FinanCial Stabilization Data Grant Total
Assistance Collection Admin.
..
:~\ :):
Subtotal Staff Costs
CD
'Full Time Equivalent (FTE) =160 hours per month
% Example: 80 Hours Worked + 160.hours=.5 FTE this should include only time spent working in this Program.
11
VI. Fund Draw Down Schedule
Using the Budget, complete this estimated Draw Down Schedule.
(Note: It is a grant requirement that at a minimum, 60% of your grant funds must be spent by
September 30, 2011. 100% of the grant funds must be spent no later than September 30,
2012.)
(10/1-12/31) (1/1-3/31) (4/1-6/30) (7/1-9/30) Total
Quarter 1 Quarter 2 Quarter 3 Quarter 4
l' Fiscal Year
Ending 9-30-10 $75,000.0 $75,000.0 $75,000.0 $75,000.0 $300,000.
2nd Fiscal Year
Ending 9-30-11 $75,000.0 $75,000.0 $75,000.0 $75,000.0 $300,000.
3rd Fiscal Year $75,000.0 $75,000.0 $75,000.0 $75,000.0 $300,000.
Ending 9-30-12
VII. Threshold Questions
A. Applicant Capability
1. How many years has your organization served the Homeless and/or At Risk
population? ,
~~~~:cg:~{;) Ie ^ f,;:+o;e'19
Total Years. '. ~
2. Does the Lead Agency currently provide Homelessness Prevention and/or Rapid
Re-Housing services?
Yes cg]
NoD
List the Partner Agencies currently providing Homelessness Prevention services.
South Bay Community Services .
3. Is your Local Jurisdictional Approval Form (Attachment C) attached from each
local governmental jurisdiction that is applicable to your service area(s)?
Yes cg]No D
4. Is your Local Need Assessment Form (Attachment D) attached from each
Continuum of Care serving the homeless in your service area(s)?
Yes cg] No D
5. Does your service area have a 10-Year Plan to End Homelessness?
12
6-19
Yes [g] No 0
If yes, explain your program's role in that Plan. (100 words maximum)
Kathryn Lembo, Executive Director for South Bay Community Services serves on the Plan to End
Chronic Homelessness Implementation
Committee.
If no, explain the planning efforts currently being undertaken or planned in the
future to establish a 1 O-Year Plan to Prevent Homelessness in your service area.
(250 words maximum)
6. What are your plans for sustaining your Homelessness Prevention and Rapid Re-
housing Program after the HPRP funding has been completed? (250 words
maximum)
Please expl
RAFT
B. Services Proposed
Instructions: Check all HPRP to be provided and identify which agency will be
providing these services.
Financial Assistance Program:
[g] Short-term rental assistance not to exceed 3 months rental costs,
Provided by:South Bay Community Services
[g] Up to 6 months rental arrears,
Provided by:South Bay Community Services
[g] Case Management in establishing financial assistance need,
Provided by:South Bay Community Services
[g] Medium-Term rental assistance not to exceed actual rental costs over a 4 to 18
month period.
Provided by:South Bay Community Services
[g] Security Deposits- cannot be for the same period of time and for same cost type
provided by other federal, state or local subsidy program.
Provided by:South Bay Community Services
13
6-20
~ Utility Deposits- cannot be for the same period of time and for same cost type
provided by other federal, state or local subsidy program.
Provided by:South Bay Community Services
~ Utility Payments up to 18 months of utility payments, including up to 6 months of
utility payments in arrears.
Provided by:South Bay Community Services
~ Moving costs assistance such as truck rental, hiring a moving company, short-term
storage fees up to 3 months or until participant is in housing, whichever is shorter.
Provided by:South Bay Community Services
~ Motel and Hotel Vouchers up to 30 days if there are no appropriate shelter beds are
available.
Provided by:South Bay Community Services
Housing Relocation and Stabilization Services Program:
~ Case Management services supporting efforts to stabilize a family or individual.
Theses services consist of arrangement, coordination, monitoring and delivery of
services related to meeting the housing need of program participants.
Provided by:South Bay Community Services
~ Counseling participants
Provided by:South Bay Community Services
~ Executing an "Individualized Housing and Service Plan", including a path to
permanent housing stability subsequent to HPRP financial assistance.
Provided by:S ity S iceE' I
~ Outreach and p g.' .
Provided by:So h Ba y e
~ Marketing and , t t ',' pan · heres of fluence, community leaders
with influence an access to home ess persons and persons at risk of
homelessness.
Provided by:South Bay Community Services
~ Housing Search and Placement.
Provided by:South Bay Community Services
~ Tenant counseling on lease understanding, securing utilities, making moving
arrangements, Representative payee services concerning rent and utilities.
Provided by:South Bay Community Services
~ Mediation and outreach to property owners related to locating or retaining housing.
Provided by:Legal Aid Society of San Diego, Inc.
~ Legal Services in providing legal advice and representation. Administrative or court
proceeding related to tenant/landlord matters or housing issues.
Provided by:Legal Aid Society of San Diego, Inc.
~ Credit Repairs- Critical skills training related to household budgeting, money
management, accessing personal credit reports, and resolving personal credit
Issues.
Provided by:South Bay Community Services and Legal Aid Society of San Diego,
Inc.
Data Collection and Evaluation:
14
6-21
~ Data Collection staffing costs associated with operating a Homeless Management
Information System (HMIS) for purposes of collecting and reporting data required by
the HPRP grant.
Provided by:City of Chula Vista and South Bay Community Services
~ Analyzing patterns of use of HPRP funds and reporting.
Provided by:City of Chula Vista
D Purchasing of HMIS software and/or User Licenses.
Provided by:
D Leasing or Purchasing needed computer equipment for providers and the central
server.
Provided by:
D Training personnel on the HMIS.
Provided by:
D Special Evaluation required by HUD as part of HUD-sponsored research and
evaluation of HPRP.
Provided by:
Administrative Costs
~ Minimal staff costs associated with preparing reports for submission to HCD.
Program audits are allowable and are the best use of this budget activity.
Subgrantees are limited to 1 % of the total award amount. Most costs associated with
staffing should be allowable under the other major budget categories: Financial
Assistance, Ho. el . aYf\d bili. 1 Collection and
Evaluation. Thi fo Le ncy
Provided by:Ci
c. Outreach and Marketing
1. Please quantify below the need for Homelessness Prevention and/or Rapid Re-
Housing Program funds over the term of your grant. (250 words maximum)
2. Describe below the major components of your outreach efforts to ensure qualified
participants are identified, screened and assisted with their housing needs. (250
words maximum) Additionally, attach your "Outreach Plan" as Attachment F.
(Applicant "Outreach Plan" should, at a minimum, discuss points of contacts,
networking, State and HUD risk factors taken into consideration, targeting
strategies, coordination of services, and challenges in meeting the needs of the
homeless and persons at risk of becoming homeless. Discuss involvement with
clients utilizing CalWORKS homeless assistance and outreach to clients utilizing
General Assistance. Specify procedures used to identify most recent homeless
15
6-22
count, and describe how waiting lists for subsidized housing and/or emergency
shelters will be utilized.)
3. Describe below the major components of your programs "Marketing Plan" you
anticipate employing to ensure qualified participants are aware of the HPRP
program. (250 words maximum) Additionally, attach your "Marketing Plan" as
Attachment G.
(Discuss marketing materials and/or strategies you will use to involve
participants, community organizations, leaders and other federal, state and local
programs serving the homeless population and those at risk of becoming
homeless.)
4. Individualized. Housing and Service Plan. Attach your "Plan" as Attachment H.
(The "Plan" is the primary base document developed by an HPRP applicant and
utilized by all HPRP participating agencies (Lead and Partner Agencies). The
"Plan" is used to follow each client and their HPRP eligible activities agreed upon
between the client and the Subgrantee.
At minimum, following inds of activities: Client
Initial Consu , co . Determination; Homeless
and/or At Ri ement N es; Specific Client
Assistance greemen and Bu get; Cllen Eligibility racking and Fiscal
Expenditure Report; Client Data Collection; Program Data Collection; HMIS
Reporting Client Data to Lead Agency/Single Agency; HMIS Reporting Program
Data to Lead Agency/Single Agency; and Reporting Program Data to HCD. For
audit purposes, this Plan shall be the primary document used to identify program
compliance with HPRP and HCD requirements.)
If any elements of "Plan" are captured in HMIS, please state so, and indicate
those elements captured outside HMIS.
D. Fiscal Management
1. List any EHAP grant(s) administered by participating agency(s) within the past
three fiscal years: 2005-06; 2006-07; 2007-08. List by Contract Number.
SBCS administers a 2005-2006 EHAP Grant (02-EHAPCD-091)
2. List any FESG grant(s) administered by participating agency(s) within the past
three fiscal years: 2006-07; 2007-08; 2008-09. List by Contract Number.
16
6-23
3. List any other state, federal or local governmental grants administered by the
participating agency(s) (if applicable) this past year.
List the name of the grant, the grant amount, the granting agency and the contract
number.
4. Describe below the administrative processes planned to administer short-term
and medium term rental assistance activities. List Public Housing Authorities or
comparable administrative entities you plan to utilize. (250 words maximum)
(Additionally, attach any "administrative procedures" you will utilize in
administering your rental assistance activities as Attachment I.)
5. Are there any unresolved audit findings pertaining to the participating agency(s)?
Yes 0 N E
If yes, expla di gs a the steps undertaken to
resolve the the Au Report Findings as
Attachment .
6. Identify below the Fiscal Officer that will be responsible for the financial reporting
on this grant.
Maria Kachadoorian, CPA, Finance Director for the City of Chula Vista
If this is a Multiple Agency Application list the Lead Agency fiscal officer, plus the
fiscal officers of each of your Partner Agencies below.
Lead Agency:
Maria Kachadoorian, CPA, Finance Director for the City of Chula Vista
Partnering Agency:
Elizabeth Iniguez, CPA, Chief Financial Officer for South Bay Community
SeNices
7. Attach the Current Balance Sheet of the Lead Agency or Single Agency as
Attachment K.
17
6-24
(Balance sheet must not be older than 60 days. .If Lead Agency or Single Agency
is a unit of local government, this does not apply.)
8. Attach as Attachment L the Lead Agency agreement held with each Partner
Agency to this application. (I.e. Memorandum of Understanding; Contract;
Service-Provider Agreement)
DAFT
18
6-25
PLEASE CHECK IF:
ATTACHED N/A
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
VIII. Required Attachments
Important - All applicants should only submit the attachments required.
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT 0
ATTACHMENT E
ATTACHMENT F
ATTACHMENT G
ATTACHMENT H
ATTACHMENT I
ATTACHMENT J
ATTACHMEN
ATTACHMEN
ATTACHMENT M
Required Attachments
Authorizing Resolution
HPRP Applicant Certifications (To be signed by all participating agencies)
Local Jurisdictional Approval
Local Need Assessment (Non-Entitlement Only)
IRS Tax Exempt status form 501 (c) (3) (For non-profit agencies only)
Outreach Plan
Marketing Plan
Individualized Housing and Service Plan
HPRP Administrative Procedures
nly)
rvi Prov gree s) or MOU ) between Lead Agency and
Partner Agency(s). (Not applicable to a single agency applicant)
Payee Data Record (204). HCD requirement of.ell applicants.
19
6-26
Attachment A - Resolution
A. WHEREAS, the State of California, Department of Housing and Community Development, Division of
Financial Assistance, issued. a Notice of Funding Availability under the American Recovery and Reinvestment
Act- Homelessness Prevention and Rapid Re-Housing Program (HPRP); and
B.
(lnsen Name ofAppiicarioJl O~ani:ari()n)
is a nonprofit corporation or local government
that is eligible, and wishes to apply for and receive an HPRP grant; and
C. Ift/'",~
(insen /'vame of Appliclllion Organi:;utionJ
receives a grant from the HPRP, it certifies
that all uses of the funds will be in compliance with the HPRP Regulations and Contract;
Now, therefore, be it resolved that:
The Board of Directors (or City Councilor Board of Supervisors) of
(Insen Name of Applicuthm Orgrmi;;unon)
hereby authorizes
(iI/serf ri"e ofAuthori:.ed Person/Officer)
to execute all required
certifications, apply for, and accept the Homelessness Prevention and Rapid Re-Housing Grant in the amount
of not more
than $ .
(Insen Gram Ammmt)
, and to sign the Standard Agreement and any subsequent amendments thereto,
,
and perform any and all respon
ntractI
tMI
. It rgalll::.lltl/m)
PASSED AND ADOPTED at a regular mee
_ day of \:);,;,u:tl#' ,~by the fallowing vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Signature and Title of Approving Officer
(Chairperson or Secretary - Must not be the same person who is authorized
to enter into the Standard Agreement)
Printed Name and Title of ApprOving Officer
Attest:
Signature and Title
Printed Name and Title
Date:
20
6-27
Attachment B - Homelessness Prevention and Rapid Re-Housing Program
(HPRP) Applicant Certifications
All participatinq aqencies must siqn this certification
The HPRP Subgrantee certifies that:
Federal and State Requirements -It will follow all Federal and State requirements outlined in the HUD Notice
(Docket No. FR-5307-N-01) and the California Housing and Community Development HPRP Notice Of
Funding Availability.
. Consistency with HUD Notice - The housing activities to be undertaken with HPRP funds are consistent with
the HUD Notice and the HCD NOFA.
Standard Agreement - If awarded an HPRP, subgrantee will comply with the Standard Agreement.
Confidentiality - It will develop and implement procedures to ensure:
(1) The confidentiality of records pertaining to any individual provided with assistance; and
(2) That the address or location of any assisted housing will not be made public, except to the extent that this
prohibition contradicts a preexisting privacy policy of the subgrantee.
Religious Compliance - It will provide all eligible activities under this Project in a manner that is free from religious
influences and in accordance with the following principles: .
(1) It will om di",imiM'''g,i" . "rm.", .. "',. of mllgioo eo' will om
limit employment or give pref on .. e ba of religion;
(2) It will not discriminate agains erso applYI or shel r any of th ligible activities under this part on
the basis of religion and will not limit such housing or other eligible activities or give preference to persons on
the basis of religion; and
(3) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no
religious proselytizing, and exert no other religious influence in the provision of shelter and other eligible
activities under this Project.
HMIS -'It will comply with HUD's standards for participation in a local Homeless Management Information
System and the collection and reporting of client-level information.
Section 3 - It will comply with section 3 of the Housing and Urban Development Act of 1968, and
implementing regulations at 24 CFR Part 135.
Affirmatively Furthering Fair Housing - Under section 808(e) (5) of the Fair Housing Act, subgrantees will
have a duty to affirmatively further fair housing opportunities for classes protected under the Fair Housing Act.
Examples of affirmatively furthering fair housing include:
(1) marketing the program to all eligible persons, including persons with disabilities and persons with limited
English proficiency;
(2) making building and communications that facilitate applications and service delivery accessible to persons
with disabilities (see, for example, HUD's rule on effective communications at 24 CFR 8.6);
(3) providing fair housing counseling services or referrals to fair housing agencies;
21
6-28
(4) informing participants of how to file a housing discrimination complaint, including providing the toll-free
number for the Housing Discrimination Hotline: 1-800-669-9777; and (5) recruiting landlords and service
providers in areas that expand housing choice to program participants.
Attest - Authorized applicant(s) attests that all information contained in the HPRP application is accurate and
complete; all information contained in this application is acknowledged to be public information. I authorize the
Department of Housing and Community Development to contact any or all of the parties listed in this proposal.
Lead Agency Signature/Authorized Official
Title.
Date
Partner Agency(s) Signature/Authorized Official
Title
Date
Title
A T
Partner Agency(s) Signature/Aut
Date
Partner Agency(s) Signature/Authorized Official
Title
Date
Partner Agency(s) Signature/Authorized Official
Title
Date
Partner Agency(s) Signature/Authorized Official
Title
Date
22
6-29
Attachment C - Local Jurisdictional Approval
One attachment required from each jurisdiction.
Submit additional Attachment C's as C1, C2, C3, etc
For applicants with a Project covering more than one eligible city and/or county, copy this form as necessary for each city and/or county. Each eligible
city and/or c,?unty must comp~ete thIs form as instructed.
Instructions: If the Project serves the population in an HPRP-eligible city, the Local Jurisdictional Approval
must be completed by the city. If the Project serves the population in the unincorporated area of an HPRP-
eligible county, this form must be completed by the county.
The Local Jurisdictional Approval is required for each citv or countv, as applicable.
I, James D. Sandoval. Citv Manaqer
authorized to act on behalf of (Name and Title of authori=ing person)
dulv
, .
the City Of Chula Vista
approve of the (Name of Applicable Jurisdiction)
, hereby
operation of the following Program Type(s) (see list below) proposed by the City of Chula
Vista
(Name ofHPRP Applicant Organcation)
which is/are to be located/operated in Chula Vista.
Califomia
(Name afState HPRP eligible Jurisdiction,
Check all program types
o Homelessness Prevention
o Rapid Re-Housing
A
CERTIFICATION:
James D. Sandoval
(Name)
City Manager
(Title)
06/02/09
(Date)
(!:Jignature)
7-
-0
6-30
Attachment 0 - Local Need Assessment
Submit additional Attachment D's as 01, 02, 03, etc.
To be completed by the respective Continuum of Care (Cofe) or in the absence of a CofC, a county-wide
coordinating body or agency of county government that specifically addressing homelessness in the county where
your facility/project is located. The certifying entity must' meet the conflict of interest requirements discussed
below.
The certifying entity can be any entity that has a county"wide coordinating role specific to the issue of
homelessness. To avoid a possible conflict of interest,HPRPapplicants that are agencies of county
government should have this attachment completed by an entity whose jurisdiction orJocus is countywide,
but iNhbisnot an agency. of countygoiternment,suchasaEHAP Designated Local Board(DhB),a
Continuum of Care Board,aFEMABoard, ora'homeless coalition. . ..
1. Project for which HPRP funds are being requested:
2. County where the Project is located San DieQo
3. Primary type of HPRP program being provided by the Project: (check all that apply)
o Homelessness Prevention
D Rapid Re-Housing
4. Relative level of need in the county for the type HPRP program noted above. (check one for each type of
program that applies)
Homelessness Prevention:
o High 0 Medium 0 Low
Rapid Re-Housing:
o High 0 Medium
5. Name of Certifying Entity
6. Name of individual making the determination of need:
Printed Name and TitfdPosltlon of Person Making the Delenninarion of Need
E-MailAJdress
I certify that I am not an employee, agent, consultant, officer or appointed or elected official of
any applicant, subgrantee, State recipient or grantee of State HPRP funds. I further certify
thereafter, I do and will not have any personal financial interest or benefit from any State that
while in my current position and for one-year HPRP-assisted activity, or have any interest in any
contract, subcontract, or agreement with respect thereto or the proceeds there under, either for
myself or for those with whom I have family or financial ties.
Sig"arure of Individu.a/ MakinF: the Determination of Need
Dm,
24
6-31
Attachment E - Nonprofit IRS Tax Exempt Status
'Attach behind this page the
Evidence of IRS Tax Exemption ("501 (c) (3) status")
"
R
~
25
6-32
T
Attachment F - Outreach Plan
Attach behind this page
o
AF
26
6-33
Attachment G - Marketing Plan
Attach behind this page
DRAFT
27
6-34
Attachment H - Individualized Housing and Service Plan
Attach behind this page
28
6-35
T
Attachment I - HPRP Administrative Procedures
Attach behind this page
RAFT
29
6-36
Attachment J - Audit Report Findings
Attach behind this page (if applicable)
DR
30
6-37
FT
Attachment K - Current Balance Sheet (For non-profits only)
Attach behind this page (if applicable)
DRAFT
31
6-38
Attachment L - Service Provider Agreement(s) or MOU(s) between Lead Agency
and Partner Agency(s)
Not applicable to a single agency applicant. Attach behind this page (if applicable)
"7
"-
6-39
FT
Attachment M - Payee Data Record (204)
Please go to: http://www.hcd.ca.qov/fa/ehap/Pavee Data Record.doc to complete and attach behind
this page.
· Applicant Administrative Information -Administrative address indicates where the Standard
Agreement and checks will be mailed to. The Payee Data Record (204) must show this address
. Name of applicant must be the same as stated on the Articles of Incorporation, Resolution and
the Payee Data Record.
..,
AFT
.A
33
6-40
CHULA VISTA
HOUSING PREVENTION AND
RAPID RE-HOUSING PROGRAM (HPRP)
COLLABORATIVE
MEMORANDUM OF AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA
SOUTH BAY COMMUNITY SERVICES AND
LEGAL AID OF SAN DIEGO
Parties
This Memorandum of Agreement ("MOA") is made by and among the City of Chula
Vista, South Bay Community Services and Legal Aid of San Diego, Inc. The parties to this
MOA may be referred to herein collectively as the "parties" or individually as a "party."
Recitals
WHEREAS, on July 9, 2009 the State of California Department of Housing and
Community Development issued the Notice of Allocations, Application Procedures, and
Requirements for Homelessness Prevention and Rapid Re-Housing Program Grantees
under the American Recovery and Reinvestment Act of 2009; and,
WHEREAS, the State of California requires all eligible applicants to submit an
Application for Funding (hereinafter referred to as "Application") for their consideration;
and,
WHEREAS, the City of Chuia Vista provides housing and housing reiated services to
low income individuals and families in the City; and,
WHEREAS, the South Bay Community Services provides services including, but not
limited to, homeless services and rental assistance to low-income residents, and,
WHEREAS, Legal Aid of San Diego, Inc. provides legal services including, but not
limited to consumer, landlord/tenant disputes, eviction defense and income maintenance;
and,
WHEREAS, the City desires to partner with South Bay Community Services and the
Legal Aid Society, Inc (the "Parties") desire to develop and implement the City of Chula
Chula Vista HPRP
Attachment "K" to Application
6-41
Draft Memorandum of Agreement
Page 1
Vista Homelessness Prevention and Rapid Re-Housing Program which will provide rental
assistance and services to homeless families and individuals who are facing homelessness;
and,
WHEREAS, the parties will focus on several special needs populations including
former foster youth aging out of the foster care system, victims of domestic violence; and,
WHEREAS, the parties shall undertake the same obligations as the City with
respect to the Project described in the City's Application to the State of California
Department of Housing and Community Development for HPRP funding.
THEREFORE, in consideration of the foregoing recitals and the mutual covenants
and promises set forth below, and for other good and valuable consideration, receipt of
which is hereby acknowledged, the.parties hereto agree as follows:
1. Administration of MOA: Each party identifies the following individuals to serve as the
authorized administrative representatives for that party. Any party may change its
administrative representative by notifying the other party in writing of such change.
Any such change will become effective upon the receipt of such notice by the other
party to this MOA. Notice of the authorized representative should be sent to each party
as follows:
ice
embo, xecutive
Director
1124 Bay Boulevard, Suite D
Chula Vista, CA 91910
(619) 420-3620
klembo@csbcs.or
Legal Aid of San Diego
Gregory E. Knoll, Esq.
ecutive Director/Chief Counsel
110 South Euclid Avenue
San Diego, CA 91910
(619) 471-2620
gknoll@lssd.org
City of Chula Vista
Amanda Mills, Housing
Manager
276 Fourth Avenue
Chula Vista, CA 91910
(619) 409-5948
mmills@ci.chula-vista.ca.us
2. Parties' Responsibilities
2.1. City of Chula Vista shall:
2.1.1. Assume the role of the programmatic lead and fiscal agent for the project;
2.1.2. Work in conjunction with the South Bay Community Services and Legal Aid of
San Diego to develop the step by step protocol to be followed for the
implementation of the County's Homelessness Prevention and Rapid Re-
Housing Project;
2.1.3. Ensure the program is implemented in accordance with all applicable federal,
state and local guidelines;
2.1.4. Designate appropriate staff to partidpate in the collaborative decision making
process regarding program implementation;
2.1.5. Conduct housing quality standard inspections;
Chula Vista HPRP
Attachment "K" to Application
6-42
Draft Memorandum of Agreement
Page 2
2.1.6. Assist South Bay Community Services and the Legal Aid of San Diego in
providing linkages to community resources for participating families;
2.1.7. Provide all programmatic and fiscal reports to the State of California
Department of Housing and Community Development as required for
program monitoring and evaluation.
2.1.8. Reimburse the South Bay Community Services and Legal Aid of San Diego for
eligible costs under the HPRP program up to $900,000 (for up to three years)
for staff costs, limited to salary and benefits, related to program outreach as
further detailed in the Application.
2.2 South Bay Community Services shall:
2.2.1 Serve as the clearinghouse and central point of contact for the referral of
homeless or at-risk families to the program between the City of Chula and
the Legal Aid Society of San Diego of San Diego within the designated
program area;
2.2.2 Make the necessary Housing Assistance Payments on behalf of participating
families directly to property owners;
2.2.3 Administer a short to medium term tenant based rental assistance program
for a period not to exceed 18 months per family;
2.2.4 Conduct income eligibility and recertification determinations as required by
HUD;
2.2.5 Assist ~ otiations, housing search,
placeme wait lists for programs such
as Secti Ii Ho housing programs;
2.2.6 Colla bora e with the City 0 hula IS a to deve op the step by step protocol
to be followed for the Homelessness Prevention and Rapid Re-Housing
_ __ Project;
2.2.7 Ensure the program is implemented in accordance with all applicable federal,
state and local guidelines;
2.2.8 Enter program and client level information into the Homelessness
Management Information System;
2.2.9 Designate appropriate staff to participate in the collaborative decision making
process regarding program implementation;
2.2.10Provide assistance to Liaisons/Case Managers in the development of Housing
Retention Plans to prevent future housing instability;
2.2.11Serve as a clearing house for information sharing related to linkages to
existing community resources for homeless families;
2.2.12Provide all programmatic and fiscal reports to the City of Chula Vista to be
submitted to the State of California Department of Housing and Community
Development as required for program monitoring and evaluation.
2.2.13Collaborate with City in data collection; monitoring and program evaluation;
2.2.14Submit monthly invoices for reimbursement for eligible expenditures related
to program outreach.
Chula Vista HPRP
Attachment "K" to Application
6-43
Draft Memorandum of Agreement
Page 3
2.3 Legal Aid of San Diego shall:
2.3.1 Collaborate with the City of Chula Vista and South Bay Community Services
to develop the step by step protocol to be followed for the City's
Homelessness Prevention and Rapid Re-Housing Project;
2.3.2 Provide mediation and outreach services to property owners related to
locating or retaining housing
2.3.3 Provide legal including legal advice and representation. Administrative or
court proceedings related to tenant/landlord matters or housing issues.
2.3.4 Ensure the program is implemented in accordance with all applicable federal,
state and local guidelines;
2.3.5 Designate appropriate staff to participate in the collaborative decision making
process regarding program implementation;
2.3.6 Collaborate with City and South Bay Community Services in data collection;
monitoring and program evaluation;
2.3.7 Submit monthly invoices to South Bay Community Services for
reimbursement for eligible expenditures related to program outreach.
3. Budget & Reimbursement
The budget for this Agreement is up to $900,000 (conditioned upon State HCD
approval of funding application for HPRP) of which sixty percent must be expended
within the first tw of te th HUD . nt agreement with HCD;
and 100 percent 0 un' t be. pe d w ears of that date to be paid
from the City's St e of H s ion and Rapid Re-Housing
Program (HPRP) a. B Co nity Serv es shall be allocated up to
$600,000 that inclues the Ity of ula Vis a portion of tate HPRP funding and the
Legal Aid of San Diego will be allocated up to $300,000. Parties shall invoice the City
on a monthly basis for staff costs related to program outreach, assistance payments,
and case management services. City will reimburse South Bay Community Services
and the Legal Aid of San Diego within 30 days of complete invoicing (Le. time sheets,
landlord payment records, all necessary supporting documentation).
4. Conformance With Rules And Regulations: The parties to this Agreement shall be
in conformity with all applicable Federal, State, County, and local laws, rules, and re-
gulations, current and hereinafter enacted, including facility and professional licensing
and/or certification laws and keep in effect any and all licenses, permits, notices and
certificates as are required and shall further comply with all laws applicable to wages
and hours of employment, occupational safety, and to fire safety, health and sanitation.
In addition, the parties to this Agreement, as applicable, shall be in compliance with the
U.S. Department of Housing and Urban Development's Notice of Allocations, Application
Procedures, and Requirements for HPRP Grantees under the American Recovery and
Reinvestment Act of 2009 dated March 19, 2009, and any amendments hereinafter
issued.
For projects funded by the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5, ("ARRA"), the parties to this Agreement shall comply with all provisions and
Chula Vista HPRP
Attachment "K" to Application
6-44
Draft Memorandum of Agreement
Page 4
requirements applicable to contracts funded in whole or in part by ARRA as currently
exist as of the effective date of this Agreement and as may be amended in the future,
including, without limitation, Pub. L. 111-5, Div. A, Title XVI, 9 1605 ('Buy American"),
Pub. L. 111-5, Div. A, Title XVI, 9 1611 ('Employ American Workers Act''), Pub. L. 111-
5, Div. A, Title XV, 9 1515 ('Access of Offices of Inspector General''), Pub. L. 111-5,
Div. A, Title IX, 9 902 \,Access of Government Accountability Office"), and Pub. L. 111-
5, Div. A, Title XV, 9 1553 \,Whistleblower Protections''), as applicable.
5. Permits and licenses: Parties to this Agreement certify that they possesses and shall
continue to maintain or shall cause to be obtained and maintained, at no cost to the
County all approvals, permissions, permits, licenses, and other forms of documentation
required for it and its employees to comply with all existing foreign or domestic
statutes, ordinances, and regulations, or other laws, that may be applicable to
performance of services hereunder. Parties to this Agreement reserve the right to
reasonably request and review all such applications, permits, and licenses prior to the
commencement of any services hereunder.
6. Governing Law: This MOA shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of California.
7.
. solely for the benefit of
. oes not confer on any third
ormance of this MOA. Any
specifically prohibited.
8. Amendments to MOA: Any party may propose amendments to this MOA by providing
written notice of such amendments to the other party. This MOA may only be
amended by a written amendment signed by each party's administrative.
9. Severability: If any terms or provisions of this MOA or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable, the
remainder of this MOA, or the application of such term and provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby and every other term and provision of this MOA shall be valid and
enforced to the maximum extent permitted by law.
10. Full Agreement: This MOA represents the full and entire agreement between the
parties and supercedes any prior written or oral agreements that may have existed. .
11. Scope of MOA: This MOA only applies to the program described herein and does not
set. forth any additional current or future obligations or agreements between the
parties, except that the parties may by written amendment amend the scope of this
MOA.
Chula Vista HPRP
Attachment "K" to Application
6-45
Draft Memorandum of Agreement
Page S
12. Term: This MOA shall become effective on the date all of the parties have signed this
MOA and be in force until 100% of the Homelessness Prevention and Rapid Re-Housing
funds allocated to the City of Chula Vista have been expended.
13. Termination For Convenience. Parties may, by written notice stating the extent and
effective date terminate this MOA for convenience in whole or in part, at any time.
14. Counterparts: This MOA may be executed in any number of separate counterparts,
each of which shall be deemed an original but all of which when taken together shall
constitute one and the same instrument.
15. Indemnification: City shall not be liable for, and South Bay Community School
Services and Legal Aid of San Diego shall defend, indemnify, and hold the City, its
officers, agents, employees and volunteers harmless from and against any and all
claims, deductibles, self-insured retentions, demands, liability, judgments, awards,
fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses,
charges or costs of any kind or character, including attorneys' fees and court costs by
this Contract arising either directly or indirectly from any act, error, omission or
negligence of South Bay Community Services and Legal Aid of San Diego or its officers,
employees, agents, Subcontractors, licensees or servants, including without limitation,
claims caused by t, ncu~ ct, err. ,0 ". .." ence, whether active or
passive, of City, a lor I a ts, ffic em . oyees or olunteers. However, South
Bay Community Sc 01 S i L."d Die shall have no obligation to
defend or indemnl. fr a a i i determin by a court of competent
jurisdiction that suc c aim was causea by tile sole negligence or willful misconduct of
City or its agents or employees.
16.Audit Costs: South Bay Community Services and Legal Aid of San Diego shall
reimburse City for all costs incurred to investigate and audit South Bay Community
Services' and Legal Aid of San Diego's performance of its duties under the Contract if
South Bay Community Services' and/or Legal Aid of San Diego's is subsequentiy found
to have violated the terms of the Contract. Reimbursement shall include all direct and
indirect expenditures incurred to conduct the investigation or audit. City may deduct all
such costs from any amount due South Bay Community Services' and/or Legal Aid of
San Diego's under this Contract.
17.Insurance Requirements: Contractor must procure insurance against claims for
injuries to persons or damages to property that may arise from or in connection with
the performance of the work under the contract and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors and provide
documentation of same prior to commencement or work.. The insurance must be
maintained for the duration of the contract.
18. Retention: The parties shall retain all financial records, supporting documents,
statistical records, and all other records pertinent to the Agreement for a period of five
Chula Vista HPRP
Attachment "K" to Application
6-46
Draft Memorandum of Agreement
Page 5
(5) years. The retention period begins on the date of the submission of the Annual
Performance and Evaluation Report to State of California in which the activities assisted
under the Agreement are reported on for the final time. Notwithstanding the above, if
there is litigation, claims, audits, negotiations or other actions that involve any of the
records cited and that have started before the expiration of the five-year period, then
such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the five-year period, whichever occurs later.
IN WITNESS WHEREOF, This MOA has been executed as of August 2,2009 herein
appearing.
City of Chula Vista
South Bay Community Svcs.
Legal Aid of San Diego
James D. Sandoval,
City Manager
Kathryn Lembo,
Executive Director
Gregory E. Knoll, Esq.
Executive Director/Chief Counsel
APPROVED AS TO FORM
Bart Miesfeld
City Attorney
T
ATTEST
City Clerk
Chula Vista HPRP
Attachment UK" to Application
6-47
Draft Memorandum of Agreement
Page 7
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
APPLY FOR STATE OF CALIFORNIA HOMELESS
PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP) FUNDS AND EXECUTE ANY DOCUMENTS
NECESSARY TO OBTAIN THE GRAt'lT FUNDS
WHEREAS, on July 8, 2009, the State of California, Department of Housing and
Community Development, Division of Financial Assistance, issued a Notice of Funding
Availability under the American Recovery and Reinvestment Act-Homelessness Prevention and
Rapid Re-Housing Program (HPRP); and,
WHEREAS, the City of Chula Vista is a local government, that is eligible, and wishes
to apply for and receive an HPRP grant; and,
WHEREAS, the City of Chula Vista wishes to act collaboratively with South Bay
Community Services and the Legal Aid Society of San Diego to use these funds to assist very
low income households; and,
WHEREAS, if the City of Chula Vista receives a grant from the HPRP, it certifies that
all uses of the funds will be in compliance with the HPRP Regulations and contract.
WHEREAS, if approved, up to $900,000 if.! HPRP funds will be used to provide
additional funding for homeless prevention and rapid re-housing activities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby authorizes:
1. The submittal of an application to the California Department of Housing and Community
Development for Homelessness Prevention and Rapid Re-Housing Program funds.
2. That it authorizes the City Manager to execute all agreements and related documents
necessary to obtain such grant funds.
Gary Halbert
Deputy City Manager! Development
Services Director
Presented by:
6-48
CHULA VISTA
REDEVELOPMENT
AGENCY
AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
AUGUST 4, 2009, Item /
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE AMENDMENTS TO A LO_"'-N
AGREEMENT AND AN AGREEMENT CONTAINING
COVENANTS BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA, AND PARK
VILLAGE APARTMENTS, L.P. FOR PARK VILLAGE
AFFORDABLE APARTMENTS
DEPUTY CITY MANAGdrdfRECTOR OF DEVELOPMENT
SERVICES ~
CITY MANAG U
4/5THS VOTE: Y'ES D NO 0
SUMMARY
In 1994, the Redevelopment Agency of the City of Chula Vista ("Agency") provided a $350,000
loan from its Low and Moderate Income Housing Set Aside fund to assist in the development of
28 very low and low-income units at Park Village Apartments developed by Park Village
Apartments, L.P. Civic Center Barrio Housing Corporation ("CCBHC"), as the managing
general partner, has requested an amendment of their existing loan to allow for more flexible
loan terms. Staff is requesting the Agency's consideration of an amendment to the loan to lower
the interest rate, extend the loan period, and extend the period of affordability.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that amendment of the
loan agreement and the covenants is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines because it will not result in a physical change to the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not
subject to CEQA.
7-1
August 4, 2009 Iteml
Page 2 of 4
RECOMMEi'o'DATION
The Redevelopment Agency adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On June 4,1991, the Redevelopment Agency entered into a Loan Agreement for $350,000 from
its Low and Moderate Income Housing Set Aside for the pUlJlose of financing the acquisition
and development of real property, now known as Park Village Apartments at 1246-1256 Third
Avenue. The development of Park Village was fmanced by the Agency's Loan, a $1,400,000
loan from the State of California Department of Housing and Community Development (State
HCD), and a contribution of $286,000 from CCBHC. The Agency Agreement was subsequently
modified in October 1994, to facilitate the permanent financing from State HCD.
In February 1993, Park Village was completed. It has been successfully operated since such
time with 10 units restricted as affordable for very low income households, 18 units for low
income households, and an affordable child care center.
Loan A!ITeement and Terms
In accordance with the terms of the loan, payment of the required Principal and Interest at 5
percent are due and payable on the 1st day of each month based upon a 30 year amortization
schedule. The entire unpaid principal balance and all accrued interest was due and payable on
the loan's maturity date of December 31, 2008 (or approximately a 15 year loan period).
Therefore, a large balloon payment of approximately $222,352 ($221,429 loan principal and
$923 in interest) was to be paid by such date.
CCBHC continues to make timely monthly payments on the loan but was unable to pay the
remaining balance of the loan at the maturity date. they requested consideration of longer loan
term to allow the loan payments to be made over a longer period. As of August 1,2009, the
remaining loan balance is $216.283.65
Affordabilitv Covenants
Park Village was developed as an affordable housing project with 10 units restricted for
occupancy and affordable to very low income households and 18 units for low income
households. The units were to be restricted for a 30-year period from execution of the agreement
on June 4,1991. Therefore, the current affordability requirements expire on June 4, 2021.
Amendment to Loan and Affordabilitv Covenants
Due to the low rents and a desire to provide more money for the upkeep and maintenance of Park
Village, CCBHC has requested that the Agency consider more flexible loan terms that would
extend the loan payments. In turn, CCBHC has agreed to extend the affordability covenants to
mirror the loan period.
7-2
August 4, 2009
Item 7
PagejQf 4
Staff is also recommending that the Loan Agreement be amended to lower the interest rate from
5 percent to 3 percent simple interest per annum. The 3 percent interest rate is consistent with
loan terms provided to other affordable housirig developers in more recent years by the Agency
and the City.
CCBHC would continue to make montWy payments of principal and interest based upon a 24
year amortization schedule. This loan schedule is consistent with the loan period for the
permanent fmancing from State HCD. The entire unpaid principal balance and all accrued
interest shall be due and payable no later than December 31, 2033.
In exchange for more flexible loan terms, CCBHC has agreed to extend the affordability
covenants beyond the June 2021 expiration. The covenants are proposed to remain in effect until
September 30, 2033 or until the entire principal and all accrued but unpaid interest of the Loan is
fully paid, whichever date occurs last.
S urnmarv
Park Village continues to provide 28 units of affordable housing to very low and low income
households in the southwest area of the community, along with an affordable child care center.
CCBHC has made timely payments on the loan and continues to operate Park Village in
compliance with the existing covenants. Staff, therefore, recommends the Agency adopt the
resolution approving the execution of a Second Amendment to the Loan Agreement and the First
Amendment to the Agreement Containing Covenants Affecting Real Property. By amending the
loan terms, the Agency is providing consistent loan terms to affordable housing developers,
facilitating the continued operation and maintenance of the property, and assuring an additional
12 years ofaffofdability of Park Village Apartments.
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.
CURRENT YEAR FISCAL IMPACT
In accordance with the loan terms, the remaining balance of the loan, approximately $216,883,
was due and payable by December 31, 2008. An amendment to the loan terms would extend the
payments on the loan until 2033 rather than receiving a lump sum payment at the existing
maturity date. Any funds received from repayment of the loan from the Agency's Low and
Moderate Income Housing Set Aside fund would be used to further facilitate affordable housing.
ONGOING FISCAL IMPACT
The existing montWy payment from CCBHC is approximately $1,683.48. Based upon the
proposed loan terms, monthly payments would be reduced to approximately $1,055 and extended
until 2033.
7-3
August 4, 2009 Item~
Page 4 of 4
ATTACHMENTS
1. Locator Map
2. Second lunendment to Loan Assignment And Assumption Agreement
3. First Amendment to Agreement Containing Covenants Affecting Real Property
Prepared by Leilani Hines, Principal Project Coordinator, Development Services Department
7-4
EXHIBIT 1
P ARK VILLAGE APARTMENTS
1246 - 1256 Third Avenue
7-5
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
(Space above for Recorder's Use)
SECOND AMENDMENT TO
LOAN ASSIGNMENT AND ASSUMPTION AGREEMENT
[INCLUDING THIRD AiVIENDMENT TO NOTE AND DEED OF TRUST]
THIS SECOl'\l) AMENDMENT to the Loan Assignment and Assumption Agreement (" Loan
Second Amendment") is entered into on the day of August, 2009, ("Effective Date") by
and between THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a
public body, corporate and politic, ("Agency") and PARK VILLAGE APARTMENTS
LIMITED PARTNERSHIP, a California limited partnership ("Borrower"). The Agency and
Borrower may be referred to herein individually as "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, on or about June 4, 1991, pursuant to that certain Development
Agreement dated June 4, 1991 by and between CIVIC CENTER BARRJO HOUSING
CORPORATION, a California nonprofit, public benefit corporation ("CCBHC") and Agency
(the "Agency Development Agreement") Agency agreed to lend and CCBHC agreed to borrow-
the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) (the "Loan")
for the purpose of financing the acquisition of certain real property in the City of Chtila Vista to
be used for the development of an affordable housing and child care center project (the
"Project"). On or about June 19, 1991, CCBHC and Agency executed an Implementation
Agreement (the "Implementation Agreement") for the purpose of implementing certain
provisions of the Agency Development Agreement.
B. WHEREAS, the Loan is evidenced by that certain Promissory Note Secured by Deed
of Trust dated June 19, 1991 (the "Agency Note"), in the original principal amount of THREE
HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) executed by CCBHC in favor of
Agency. The repayment of the Agency Note and CCBHC's performance of its obligations
thereunder are secured, inter alia, by that certain Deed of Trust and Assignment of Rents (the
"Agency Deed of Trust") dated as of June 19, 1991, executed by Borrower, as Trustor, to
Escondido Escrow, a California corporation, as Trustee, and naming Agency, as Beneficiary,
recorded on June 21,1991 as Instrument No. 1991-0300900 in the official Records bfSan Diego
County, Califomia, encumbering that certain real property described in Exhibit "A" attached
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
7-6
hereto and incorporated herein by this reference (the "Property"). In addition, the Agency Loan is
secured by (i) that certain Security Agreement dated as of June 19, 1991 (the "Security
Agreement"), (ii) that certain UCC-I Financing Statement dated June 19, 1991 filed with the
office of the Secretary of State of California on June 27, 1991 (the "Financing Statement"), and
(iii) that certain UCC-I Fixture Filing dated June 19, 1991, recorded on June 21, 1991 as
Instrument No. 1991-0300901 in the official Records of San Diego County, California (the
"Fixture Filing"). The Agency Development Agreement, the Implementation Agreement, the
Agency Note, the Agency Deed of Trust, the Security Agreement, the Financing Statement and
the Fixture Filing, as amended on or about March 30, 1992 by the First Amendment Documents
(see below), shall sometimes be referred to herein collectively as the "Agency Loan Documents".
C. WHEREAS, on or about March 30, 1992, Borrower assumed all CCBHC's right, title,
interest and obligations under the Agency Loan Documents pursuant to that certain Loan
Assignment and Assumption Agreement dated March 30, 1992, and related documents including
an Endorsement (amending the Note), a First Amendment to Deed of Trust and Assignment of
Rents (recorded with the San Diego County Recorder on May 15, 1992 as Document No. 1992-
0296172), a UCC-2 Amendment to Financing Statement filed May 20, 1992 with the office of
the Secretary of State, a UCC-2 Amendment to Fixture Filing, a Clarification Re Contractor
Consents, and related documents, all dated on or about March 30, 1992 (collectively, the "First
Amendment Documents").
D. \VHEREAS, on October 14, 1994, Parties executed the Loan Modification
Agreement, including a Second Amendment to the Agency Note and Agency Deed of Trust,
recorded as Doc. No. 1994-0603786 on October 14, 1994 in the official records of the San Diego
County Recorder's office ("Loan First Amendment") to modify certain aspects of the Agency
Loan Documents to accommodate the terms and conditions of the Permanent Financing from the
Department of Housing and Community Development, a public agency of the State of California
(the "Department"), and California Community Reinvestment Corporation, a California
nonprofit public benefit corporation ("CCRC").
E. WHEREAS, Section 2.3 of the Loan First Amendment states that the Agency Note is
modified to provide that the entire unpaid principal balance and all accrued interest shall be due
and payable on December 31,2008.
F. WHEREAS, the remaining unpaid principal balance and all accrued interest on the
Agency Loan as of August I, 2009 is TWO HlJNDRED SIXTEEN THOUSAl'ID ONE
HUNDRED TWENTY-FIVE Al~D 02/100 DOLLARS ($216,125.02).
G. WHEREAS, Borrower has and continues to make timely payments on the Agency
Loan consistent with the Agency Loan Documents.
H. WHEREAS, Borrower has requested consideration of amending the Agency Loan
documents to extend payment of the remaining unpaid principal balance and all accrued interest
on the Agency Loan.
7-7
Park Village 2nd Loan Amend
RDA Resolution No. 2009~_
1. WHEREAS, the Agency has no obligation or duty of any kind to agree to the
Borrower's requests, and without directly or indirectly incurring any other liabilities or
obligations to the Borrower, or any other person, Agency is willing to agree to.the Borrower's
requests subject to and on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto hereby agree to a Second Amendment to the Loan Assignment and Assumption Agreement
and Third Amendment to the Agency Note and Agency Deed of Trust and agree to amend the
Agency Loan Documents as follows:
1. Affirmation of Loan.
1.1. Acknowledgment of Indebtedness. The Borrower hereby acknowledges and agrees
that as of August 1,2009, there is presently due and owing to Agency by Borrower
on the Loan the principal sum of TWO HUNDRED SIXTEEN THOUSANTI ONl:
HUNDRED TWENTY-FIVE AND 02/100 DOLLARS ($216,125,02).
1.2. Ratification of Loan Documents. Borrower hereby ratifies and reaffirms the Agency
Loan Documents (as modified by the Loan First Amendment and this Loan Second
Amendment) to which it is a party.
2. Modification of Note. Notwithstanding anything to the contrary. contained in the Note,
subject to the conditions set forth in Section 6 hereof, below, the Note is hereby modified as
follows:
2.1. Interest Rate. As of the effective date of this Loan Second Amendment, the
outstanding principal balance on the Note shall accrue interest at the rate of three
percent (3%) simple interest per annum.
2.2. Principal and Interest Payments. Principal and interest shall be due and payable in
equal consecutive monthly installments due and payable on the first day of each
month commencing with September I, 2009, based upon a twenty-four (24) year
pursuant to the amortization schedule attached as Exhibit A. Such loan period has
been extended to be consistent with the loan period for the Permanent Financing from
the Department of Housing and Community Development. Such payments shall .
continue until the entire indebtedness evidenced by the Note and all accrued but
unpaid interest is fully paid, with any unpaid principal and all accrued but unpaid
interest due and payable on the Maturity Date provided in Section 2.3 below.
2.3. Maturity Date. The Note is hereby modified to provide that the entire unpaid
principal balance and all accrued interest shall be due and payable on December 31,
2033.
2.4. No other Changes. Except as expressly set forth herein, no other changes to the
Agency Note or the First or Second Amendment thereto are contemplated or intended
by this Third Amendment to the Agency Note and Agency Deed of Trust. The
Park Village Zod Loan Amend
RDA Resolution No. 2009~_
7-8
balance of the Agency Note, the Agency Deed of Trust and the First and Second
Amendments thereto shall remain unchanged and continue in full force and effect.
2.5. Endorsement. Agency shall prepare an endorsement to the Note to be executed by
Agency and Borrower and attached to the Note to reflect therein the modifications
effected hereby.
3. Modification of Security Documents. Notwithstanding anything to the contrary contained
in any of the other Agency Loan Documents, each such document is hereby modified to the
extent necessary to conform to the modifications of the Note set forth in Section 2 above and
to incorporate the full force and effect of said modifications as they apply to or affect the
provisions of such documents. Each of the Agency Loan Documents is hereby amended to
secure, to the extent that by its terms it does not already so secure payment and performance
of all obligations of Borrower under the Note as modified in Section 2 above. All references
in each of the other Agency Loan Documents to the Note and/or the Deed of Trust and/or any
other such document shall, from and after the date of this Loan Second Amendment, be
deemed references to the Note, and/or Deed of Trust and/or other such documents as
modified by this Loan Second Amendment. Additionally, the parties hereto acknowledge
that, pursuant to that Subordination Agreement, Estoppel Certificate and lntercreditor
Agreement ("Department Subordination Agreement") by and between the parties hereto and
the Department (one of the "Department Loan Documents" defined above), certain terms of
the Agency Loan Documents shall be modified, and certain remedies provided in the Agency
Loan Documents shall not be exercised without the prior written approval of the Department
except as otherwise provided in the Department Subordination Agreement.
4. No Waiver by Lender. Except as specifically set forth herein, the execution of this Loan
Second Amendment by Agency shall not constitute a waiver of any rights or remedies to
which Lender is entitled pursuant to the Note, the Deed of Trust, any of the other Agency
Loan Documents, nor shall the same constitute a waiver of any default which may occur in
the future with respect to the Note, the Deed of Trust, or any of the other Agency Loan
Documents.
5. Recordation and Priority of Lien. Upon the recordation of this Loan Second Amendment,
this Loan Second Amendment shall be a supplemental lien against the Property and shall
encumber the Property until the Note, as herein amended, is fully paid and the Deed of Trust,
as herein amended, is fully reconveyed and released of record; provided, however, that this
Loan Second Amendment shall in no way alter the priority of the lien on the Property created
by the Deed of Trust or any of the other Agency Loan Documents and the terms and
provisions of this Loan Second Amendment shall relate back to the original date of the Deed
of Trust and of ' each of the other Agency Loan Documents except to the extent that the
Agency Regulatory Agreement and Deed of Trust are subordinated to the Department Loan
and the CCRe Loan in connection with the Permanent Financing.
6. Conditions. Agency's, obligations under this Loan Second Amendment are conditioned on
the following:
7-9
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
6. I. On or before the date of execution of this Loan Second lvnendment, Borrower shall
have delivered to Agency, at Borrower's sole cost and expense, for Agency's
approval, either (a) the agreement of North American Title Insurance to issue to
Agency an endorsement to Agency's policy of title insurance (Policy No. 30-58 000-
30 issued June 21, 1991, Roy Brown, Title officer) relating to the Loan (effective as
of the date of recordation of the Agency Loan) insuring the priority of the Deed of
Trust, as modified by this Loan Second Amendment, to be a valid third lien on the
Property subject to no new exceptions to title other than those created by the
Department Loan Documents and the CCRC Loan Documents, or not otherwise or
previously approved by Agency (a Form 110.5 endorsement), as well as any other
endorsement reasonably required by Agency (including Form 111.2 endorsements
with respect to the Department and CCRC subordination Agreements), or (b) at
Borrower's election, a new policy of title insurance providing comparable coverage to
be issued by a title insurer satisfactory to Agency.
6.2. Borrower shall have paid all title insurance premiums, escrow fees, recording fees,
and other reasonable costs and expenses of Agency incurred in connection with this
Loan Second Amendment except legal fees and costs incurred by Agency in
connection with this Loan Second Amendment.
6.3. During the term of the Loan, income generated by the Project, if any, shall be made
available to the Agency in accordance with the Department Regulatory Agreement
and the Child Care Center Operating Reserve Agreement.
7. Representations and Warranties. Borrower hereby represents and warrants to Agency
that: (a) Borrower has full right, power and authority to execute this Loan Second
Amendment and all of the documents required by this Loan Second Amendment, and to
perform its obligations hereunder and thereunder, without the need for any further action
under its governing instruments, and any individual executing this Loan Second Amendment
or any other related document on behalf of Borrower personally represents and warrants that
such individual is a duly authorized agent with full authority to do so, and with full power
and ability to bind such entity; (b) this Loan Second Amendment constitutes a legal, valid
and binding obligation of Borrower enforceable in accordance with its terms; and (c) the
execution and delivery of this Loan Second Amendment shall not violate any law, agreement
or document governing Borrower or to which Borrower is a party.
8. Relationship of Parties. Nothing set forth in this Loan Second Amendment shall be
construed as making Agency or Borrower, the partner, agent or joint venturer of the other,
and Agency and each Borrower shall have no relationship to each other than as borrower and
Agency.
9. Reporting Requirements. Borrower agrees to provide Agency with a copy of the Annual
Report and Audit provided to the Department pursuant to Section 22 of the Department
Regulatory Agreement by no later than ninety (90) days after the end of each "Fiscal Year for
the Development" as provided therein.
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
7-10
10. Miscellaneous.
10.1. Additional Documents. The parties hereto shall'execute all additional documents and
do all acts not specifically referred to herein which are reasonably necessary to fully
effectuate the intent of this Loan Second Amendment and to preserve, protect, perfect
or defend the security interests granted pursuant to certain of the Agency Loan
Documents and subsequent Amendments thereto.
10.2. No Assignment. The terms of this Loan Second Amendment are personal to the
parties hereto and shall not be assigned.
10.3. Time of the Essence. Time is strictly of the essence of this Loan Second Amendment
and full and complete performance of each and every provision hereof.
10.4. Successors. Except as otherwise provided in the Agency Loan Documents or this
Loan Second Amendment, this Loan Second Amendment shall be binding upon the
heirs, executors, administrators, successors and assigns of the respective parties.
10.5. Governing Law. This Loan Second Amendment shall be governed by, and construed
in accordance with, the laws of the State of California.
10.6. Notices. All notices and other communications provided for herein and in the Agency
Loan Documents shall be given or made by telecopy or in writing and telecopies,
mailed or delivered to the intended recipient at the "Address for Notices" specified in
the Agency Loan Documents; or, as to any party, at such other address as shall be
designated by such party in a written notice to each other party.
10.7. Third party Beneficiaries. Except as expressly provided herein, no person not a party
to this Loan Second Amendment shall have or acquire any rights by reason of this
Loan Second Amendment, nor shall any party hereto have any obligations or
liabilities to such other person by reason of this Loan Second Amendment.
10.8. Amendment. The provisions of this Loan Second Amendment and any Agency Loan
Document may not be amended, modified or waived except by an instrument or
instruments in writing signed by respectively the Borrower's party thereto and
Agency.
10.9. Exhibits. Each exhibit attached hereto is incorporated herein by this reference.
10.10. Entire Agreement. This Loan Second Amendment, together with all exhibits and
schedules attached hereto and other agreements expressly referred to herein,
constitutes the entire agreement between the parties with respect to the Loan. All
prior or contemporaneous agreements, understandings, representations, warranties
and statements, oral or written, are superseded.
[SIGNATURE PAGE TO FOLLOW]
7-11
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
EXHIBIT A
LOAN AMORTIZATION SCHEDULE
7-13
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
IN WITNESS WHEREOF, the parties hereto have executed this Loan Second
Amendment as of the day and year first written above.
REDEVELOPMENT AGENCY:
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, a public body, corporate and
politic, of the State of California
By:
Name: James D. Sandoval
Title: Executive Director
ATTEST:
Donna Norris, City Clerk
APPROVED AS TO FORM:
Bart Miesfeld, Agency Attorney
BORROWER:
PARK VILLAGE APARTMENTS LIMITED
PARTNERSHIP, a California limited partnership
By: PARK VILLAGE PARTNERS, a California
general partnership, its General Partner
By: CIVIC CENTER BARRIO HOUSING
CORPORATION, a California nonprofit
public benefit corporation, Managing
General Partner of the Park Village
Partners
By:
Name:
Title:
Helen R. Brown
President
7-12
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
Loan Amortization Schedule
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.L()~~.p.nnc12~f~rn()':'.n.L..__...~~~?~6 ,gs .02 .
iAnnuallnterest rate '3.000%
:Lo:an'p:er;~~.T~~y:e;r~=:: :=: .:::=>~4.. .:' '=.:
:~~ y~a.r:.()f I()~O.._.__.__ .. ___._.2SJ()2....___.;
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~ 0J."l-n,~~.l Jq9Q..R9.~~D.~~____,. __~,_.___ -"_N_'~_
. f"!()~l~':1.IU"YIJ:l~O.~...__._.......... ..___..u.
l~t~,~~?~_i~ ~r?t C~~l!9.C!~.Y~9E,_._.~_.".._<
Interest over term of loan
_~$_~!1l-~(~]2~Yii1~~~~~~~~~~~~~~'~-~.~=="-- - ,-- "
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"
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<, > I
~~~jJ~gI~{~;;:~1;~~ii1~;iil:i~~1}~;,~)~~~I~l~'~~:~~0~i,;~i~~s%.tli~~~
'Auq- $216,125,02, . $1,05;'1.63 ,$51332' " $54031 .'. $513.~:? ,. $54031'
,5~p.. $215,611.70 " .$L053.63 " $51~.60$539.03'$1;027.92$J,079.34/
. . 'Oct' '. .'. ~$215,ci97.1O,' $1,053.63 ,$515.89, :'. $.$:37.74' " $1,543.81, ,..' $1;6ii.08 .
. .; Nav '$:?14,581,21;, . $1,053.63 '.$517.18 ',. . $536.45 . $2,060.99 . $2;153.53 .'
",' Dee '. $21,,!,QP4.03 . $1,()53,63 ,.' ," $51?.47' '$53S.16' " .$2,$79.:;49 .$2,688:69'
;1010 Jaii .$213,545.59 ' $1,053:63': . /$519.77' . $533.86 . ,. $3,099.23 '.. $3,222.55 '
Feb . '$213,025.7.9' $1,053:63:$Sn.Q7' .' $53;1:S9' $3,920:30 .$3,755:11 .
.Mar "$212504.72 . $1,053.6,3 $522.37' ,$531.2.6..... $.4;142:67 '$4;286:37,
.Apr :$211;982:35. .$1;053.63 $523:67 . ,.. $529.96' $4,666:34' . $4,81633 ~
j\l\ay, H '$211,458;68 > $1,053.63. $524.98 ."$528.65 .$5,191:32 $5,344.98
Jun $210,933.70 ;'. $1.053.63. $52630.. . .$527:33 $5,717,62 . $5.87231:
.. .J,ull2!Q,407..1IL..J1,053.:.63 _:. . $521,9.L:.:._$~26,0~._ _:$!?,?1s'.2;3... . ..$!i,3.~lP.3.;
~~~~~;~~~~~p~f~~~~~~j~~r~~~~j.d~~:~&Ii~;~~~~j1ji~~1;~~~~Y~
2019 .$21:J54~.?9' $1,2;643.56 $6,323.81. ..$6.319.75 . $8;903,27 '. $9.00&.,,41':$207,221.75
2011$207,221.75 : $12,643.56 $6,516.02', $6,127.54' ',$15,419.29' $15,135.98 $200,705.7:3
'2012>$200.70S.73 $12,643:56 . $6,714.21 $5,92935' $22:133.49:$21";065.34 $193,991:53
'2013 '. : .. $19.3,991.53:$12,643:56 , .$6,9iEl:43' '~.$5"725:13.. $?9,05L92:' $2,6;79Q:47 '. $1?7,073.10
2014' .' $1.87,073.10." $12,643.56 .' $7,128.86.. . $5,514.70 $36,180.78" .$32,305:17$179,944.24
2015: : $179,944:if, . $12;643:56 ." $7,345.69 . $S,297 .87'.' . $43,526.47'$37,603.04 $172,598.55
2016' . .$172.598.55' . $12,643:56' $7,569.12 .$5:074:44 . :$51,095.59:' $42,677.48 $165,029:43
.2017.... .$165;029.43.'. $12,643:56' . $7,799:34 .:$4,844.22,.$58,894.92:' $47,S2i:71$157,230.10
2018 $157,230.10 $12.643:56 '. $8,036.56' '$4,607.00 . $66,931.49' $52,128.70: .$149,193.53
.2019 $149,193:53 '$12;643:56' .' $8,281.00: $4,:362:56. $75,212.49 '$56,491.26.$14'0,912.53
2020 : $140,912.53> $12,643:56 . .$8:53i88 $4,110:68$83,745:36 $60,601;95 $132,379.66
2P21 . $132.379.66$12,643.56' ,$8;792.41: ..$3,8SiAS $92;537.7? . $64,453.09 '$123,587.24
.l022. $123,51l7.24.$12;643.56 $9.059,84 . $3.S1l3,7.2 $101.597:62 '.$68,036.81. $114;527:.40
..2023.. $114,527.~0.. .$12'943.56, . $9,335.4l,.'. .' $3.308.1,5. '$110,933.0:;> : .$71,344.97 . $105,192.00
.2024 $105,192.00: $12,643.56' $9,61935.., '$3,024:21 "$120,55237 : . $74,369.18 $95,572.65
2bis . $95,572.6S'$12,643:56 '.. $9,911.93' .... $2;731.63 . $130,46'4.31'. $77,100:80$8s'.660.7i
2026 ,.,' $85,660;71 $12,643.56 ' $10,213.41 '$2,430:15 $140,67.7.72 '.$79,530:95 $75,44730,
'2027.' '$75,447.30' '$12,643.56 '$10;524.06 "$2,119.50$151;201.78 . $81.650:45 $64.923.24
2028 ... i $64,923.2,t' $i2,643,56 $10,844.16' $1,799:4'0$162,045;95 $83,449.84 $54,079.07
2029$S4.079:07.:$12,643:S6$11;i74.00 ..' $1,469:56$173,219.95' $84,919.40 $42,90s':07
2030" ...$42,90s':07.:$1;1,643'56 $11;Sl~.87 .)i.129.6Q$W4.73~:81'$1lEi,Q49.10 $:31,3')1:21.
.2031$3l.391:,21,', $12,643.56" $11,86'1.07' ..' $779.49 .$196,597.89 . $86,828.58 .' $19,sp.13
.;1.032; '. $19,527.13. $12,643,5.6::, $12,,224:93 .' '1;41.8.63 $208,822.81 $87;247.22 ._ $7,302.21.
2{)33.:' . $7,;302.21,: ..$7,37$,41:". ,P,302,?1.:~.. $73;49.$2J.6;l,25.0.L $BZ;;34DA2.... ,..~$Q.OQ
Park Village 2nd Loan Amend
RDA ResolutIOn No 2009-_
7-14
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Ann: City Clerk
No fee for recording pursuant to
. Government Code Section 27383
(Space above for Recorder's Use)
FIRST AMEl';l)MENT TO
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
THIS FIRST AMENDMENT to the Agreement Containing .Covenants affecting Real
Property ("First Amendment to the Covenants ") is entered into on the . day of August
2009, ("Effective Date") by and between THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body, corporate and politic, ("Agency") and PARK
VILLAGE APARTMENTS LIMITED PARTNERSHIP, a California limited partnership
("Developer"). The Agency and Developer maybe referred to herein individually as "Party" and
collectively as "Parties."
RECITALS
A. Developer is the owner of certain real property (the "Property") located at 1246-1256
Third A venue in the City ("City") of Chula Vista, County of San Diego, State of California, and
more particularly described in Exhibit A, attached hereto;
B. WHEREAS, on 'or about June 4, 1991, pursuant to that certain Development
Agreement dated June 4, 1991 by and between CIVIC CENTER BARRIO HOUSING
CORPORATION, a California nonprofit, public benefit corporation ("CCBHC") and Agency
(the "Agency Development Agreement") Agency agreed to lend and CCBHC agreed to borrow
the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) (the "Loan")
for the purpose of financing the acquisition of Property to be used for the development of an
affordable housing and child care center project (the "Project") in accordance with certain
restrictions;
C. WHEREAS, on June 19, 1991, Agency and Developer entered into an Agreement
Containing Covenants Affecting Real Property, recorded as Doc. No. 1991-03009010n June 21,
1991 in the official"records of the San Diego County Recorder's Office ("Covenants") wherein,
Developer agreed to restrict Property's use to provide and maintain twenty-eight (28) affordable
units ("Affordable Units") for very low income and low income households for a period of thirty
(30) years;
Park Village I Sl Amend Covenants
RDA Resolution No. 2009-_
7-15
D. WHEREAS, Developer was to provide payment of the entire unpaid principal balance
and all accrued interest of the Loan on December 31, 2008;
E. WHEREAS, Developer has requested consideration of modifying the Agency Loan
documents to extend payment of the remaining unpaid principal balance and all accrued interest
on the Agency Loan until December 31,2033;
F. WHEREAS, Developer has agreed to extend the Covenants for the Property in
exchange for consideration from the Agency to Developer of an extension for repayment of the
Loan; and,
G. WHEREAS, the Agency has no obligation or duty of any kind to agree to the
Developer's requests, and without directly or indirectly incurring any other liabilities or
obligations to the Developer, or any other person, Agency is willing to agree to the Developer's
requests subject to and on the terms and conditions set forth herein. This First Amendment to the
Covenants is being entered into and recorded to modify certain of said Covenants of record.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto hereby agree to amend the Agency Covenants as follows:
1. Subsection 6 (a) -Duration of Covenants; Enforcement, first sentence
DELETE: The covenants to develop, use and maintain the Property in accordance with
the Development Agreement contained in Sections 1 and 2 shall run with the land and
remain in effect until June 4, 2021.
ADD: The covenants to develop use and maintain the Property in accordance with the
Development Agreement contained in Sections 1 and 2 shall run with the land and
remain in effect until September 30, 2033 or until the entire principal and all accrued but
unpaid interest of the Loan is fully paid, whichever date occurs last.
2. No Other Changes. No other changes to the Covenants are contemplated or intended by this
First Amendment to the Covenants. The balance of the Covenants shall remain unchanged
and continue full force and effect.
[SIGNATURE PAGES TO FOLLOW]
7-16
Park Village 151 Amend Covenants
RDA Resolution No. 2009-_
IN WITNESS WHEREOF, the parties hereto have executed this Agreement a, of the
day and year first Wlitten above.
AGENCY:
RIIDEYRLOPMENT AGENCY OF THE ClTYOF
CHULA VISTA, a public body, corporate and
politic, of the State of Cali fomi a
By:
Narm:: James D. Sandoval
Title: Executive Director
ATTEST:
Donna Norris, City Clerk
APPROVED AS TO FOfu.\1:
Bart Mie~feld, Agency Attorney
DEVELOPER:
PARK VILLAGE APARTMENTS LIMITED
PARTNERSHIP, a California limited partnership
By: PARK VILLAGE PARTNERS, a California
geJlcral partnership, its General Partner
By: CIVIC CENTER BARRIO HOUSING
CORPORATlON, a Califurnia nonprofit
public benefit corporation. Managing
Gencral Partner of the Park Village
Partners
By:
Name:
Title:
~
Puclc Vllllito 1.' Amecd c...,'HmunL'!I
RDA.Re$tltntiOJ' No. 20t11,10_
7-17
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FOR1YI BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/ ().~!
,J / I ~}.
. ~ ..I
... J)\'/ rt '. iesfeld
,!-/ City Attorney
.,~
Dated:
F~STAMENDMENTTOTHE
AGREEMENT CONTAINING COVENANTS
AFFECTING REAL PROPERTY BETWEEN
THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA AND PARK
VILLAGE APARTMENTS LIMITED PARTNERSHIP
7-18
RECORDING REQUESTED BY Al'ID
WHEN RECORDED MAIL TO:
City ofChula Vista
276 Fourth Avenue
Chula Vista CA 91910
Ann: City Clerk
No fee for recording pursuant to
Government Code Section 27383
(Space abovefor Recorder's Use)
FIRST Al\'IEl'oillMENT TO
AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
THIS FIRST Al\'IENDMENT to the Agreement Containing Covenants affecting Real
Property ("First Amendment to the Covenants ") is entered into on the day of August,
2009, ("Effective Date") by and between THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body, corporate and politic, ("Agency") and PARK
VILLAGE APARTlVIENTS LIMITED PARTNERSHIP, a California limited partnership
("Developer"). The Agency and Developer maybe referred to herein individually as "Party" and
collectively as "Parties."
RECITALS
A. Developer is the owner of certain real property (the "Property") located at 1246-1256
Third Avenue in the City ("City") of Chula Vista, County of San Diego, State of California, and
more particularly described in Exhibit A, attached hereto;
B. WHEREAS, on or about June 4, 1991, pursuant to that certain Development
Agreement dated June 4, 1991 by and between CIVIC CENTER BARRIO HOUSING
CORPORATION, a California nonprofit, public benefit corporation ("CCBHC") and Agency
(the "Agency Development Agreement") Agency agreed to lend and CCBHC agreed to borrow
the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) (the "Loan")
for the purpose of financing the acquisition of Property to be used for the development of an
affordable housing and child care center project (the "Project") in accordance with certain
restrictions;
C. WHEREAS, on June 19, 1991, Agency and Developer entered into an Agreement
Containing Covenants Affecting Real Property, recorded as Doc. No. 1991-03009010n June 21,
1991 in the official records of the San Diego County Recorder's Office ("Covenants") wherein,
Developer agreed to restrict Property's use to provide and maintain twenty-eight (28) affordable
units ("Affordable Units") for very low income and low income households for a period of thirty
(30) years;
7-19
Park Village 1 Sl Amend Covenants
RDA Resolution No. 2009-_
D. WHEREAS, Developer was to provide payment of the entire unpaid principal balance
and all accrued interest of the Loan on December 31, 2008;
E. WHEREAS, Developer has requested consideration of modifying the Agency Loan
documents to extend payment of the remaining unpaid principal balance and all accrued interest
on the Agency Loan until December 31, 2033;
F. WHEREAS, Developer has agreed to extend the Covenants for the Property in
exchange for consideration from the Agency to Developer of an extension for repayment of the
Loan; and,
G. WHEREAS, the Agency has no obligation or duty of any kind to agree to the
Developer's requests, and without directly or indirectly incurring any other liabilities or
obligations to the Developer, or any other person, Agency is willing to agree to the Developer's
requests subject to and on the terms and conditions set forth herein. This First Amendment to the
Covenants is being entered into and recorded to modify certain of said Covenants of record.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto hereby agree to amend the Agency Covenants as follows:
1. Subsection 6 (a) -Duration of Covenants; Enforcement, first sentence
DELETE: The covenants to develop, use and maintain the Property in accordance with
the Development Agreement contained in Sections I and 2 shall run with the land and
remain in effect until June 4, 2021.
ADD: The covenants to develop use and maintain the Property in accordance with the
Development Agreement contained in Sections I and 2 shall run with the land and
remain in effect until September 30, 2033 or until the entire principal and all accrued but
unpaid interest of the Loan is fully paid, whichever date occurs last.
2. No Other Changes. No other changes to the Covenants are contemplated or intended by this
First Amendment to the Covenants. The balance of the Covenants shall remain unchanged
and continue full force and effect.
[SIGNATURE PAGES TO FOLLOW]
7-20
Park Village 1 Sf Amend Covenants
RDA Resolution No. 2009-_
IN WITNESS WHEREOF. the parlies hereto have executed this First Amendment to
the Covenants as of the day and year first written ahove.
REDEVELOPMENT AGENCY:
REDEVELOPMENT AGENCY OF THE CrTY OF
CHULA VISTA, a public body, corporate and
politic, of the State ofCalifomia
By:
Name: James D. Sandoval
Title: Executive Dire<;.tor
ATTEST:
Donna Norris, City Clerk
APPROVED AS TO FORM:
Bart Miesfeld.. Agency Attorney
DEVELOPER.:
PARK VlLLAGE APART.MENTS LIMITED
PARTNERSHIP, a California limited partnership
By: PARK VILLAGE PARTNERS, a California
general partnership, its General Partner
By:
CIVIC CENTER BARRIO HOUSING
CORPORATION, a Califurnia nonprofit
pubhc benefit corporation., Managing
General Partner of the Park Village
P=ers
i#~o~ ffldL~
By:
Name:
Title:
President
Park Vilb.ge 1 st Am:nd CO"'~1311t!:1
kO^ ReiQhlt!on NIJ. 2009-_
7-21
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORt\TEY'S OFFICE At'ill WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: ~'ZJ) ('/1
SECOND AMEND NTITO LOAN ASSIGNMENT
AND ASSUMPTION AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA AND
PARK VILLAGE APARTMENTS LIMITED PARTNERSHIP
(INCLUDING nITRD AMENDMENT TO
NOTE AND DEED OF TRUST)
7-22
RECORDING REQUESTED BY AL'JD
WHEN RECORDED MAIL TO:
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 91910
Attn: City Clerk
No fee for recording pursuant to
Government Code Section 27383
(Space above for Recorder's Use)
SECOND AMENDMENT TO
LOAN ASSIG]','MENT AND ASSUMPTION AGREElVIENT
[INCLUDING THIRD AMENDMENT TO NOTE AND DEED OF TRUST]
THIS SECOND AMENDMENT to the Loan Assignment and Assumption Agreement (" Loan
Second Amendment") is entered into on the day of August, 2009, ("Effective Date") by
and between THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a
public body, corporate and politic, ("Agency") and PARK VILLAGE APARTMENTS
. LIMITED PARTNERSHIP, a California limited partnership ("Borrower"). The Agency and
Borrower may be referred to herein individually as "Party" and collectively as "Parties."
RECITALS
A. WHEREAS, on or about June 4, 1991, pursuant to that certain Development
Agreement dated June 4, 1991 by and between CIVIC CENTER BARRIO HOUSING
CORPORATION, a California nonprofit, public benefit corporation ("CCBHC") and Agency
(the "Agency Development Agreement") Agency agreed to lend and CCBHC agreed to borrow-
the sum of THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) (the "Loan")
for the purpose of financing the acquisition of certain real property in the City of Chula Vista to
be used for the development of an affordable housing and child care center project (the
"Project"). On or about June 19, 1991, CCBHC and Agency executed an Implementation
Agreement (the "Implementation Agreement") for the purpose of implementing certain
provisions of the Agency Development Agreement.
B. WHEREAS, the Loan is evidenced by that certain Promissory Note Secured by Deed
of Trust dated June 19, 1991 (the "Agency Note"), in the original principal amount of THREE
HUNDRED FIFTY THOUSAND DOLLARS ($350,000.00) executed by CCBHC in favor of
Agency. The repayment of the Agency Note and CCBHC's performance of its obligations
thereunder are secured, inter alia, by that certain Deed of Trust and Assignment of Rents (the
"Agency Deed of Trust") dated as of June 19, 1991, executed by Borrower, as Trustor, to
Escondido Escrow, a California corporation, as Trustee, and narning Agency, as Beneficiary,
recorded on June 21,1991 as Instrument No. 1991-0300900 in the official Records of SanDie go
County, California, encumbering that certain real property described in Exhibit "A" attached
7-23
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
hereto and incorporated herein by this reference (the "Property"). In addition, the Agency Loan is
secured by (i) that certain Security Agreement dated as of June 19, 1991 (the "Security
Agreement"), (ii) that certain UCC-I Financing Statement dated June 19, 1991 filed with the
office of the Secretary of State of California on June 27, 1991 (the "Financing Statement"), and
(iii) that certain UCC-I Fixture Filing dated June 19, 1991, recorded on June 21, 1991 as
Instrument No. 1991-0300901 in the official Records of San Diego County, California (the
"Fixture Filing"). The Agency Development Agreement, the Implementation Agreement, the
Agency Note, the Agency Deed of Trust, the Security Agreement, the Financing Statement and
the Fixture Filing, as amended on or about March 30, 1992 by the First Amendment Documents
(see below), shall sometimes be referred to herein collectively as the "Agency Loan Documents".
C. WHEREAS, on or about March 30, 1992, Borrower assumed all CCBHC's right, title,
interest and obligations under the Agency Loan Documents pursuant to that certain Loan
Assignment and Assumption Agreement dated March 30, 1992, and related documents including
an Endorsement (amending the Note), a First Amendment to Deed of Trust and Assignment of
Rents (recorded with the San Diego County Recorder on May 15,1992 as Document No. 1992-
0296172), a UCC-2 Amendment to Financing Statement filed May 20, 1992 with the office of
the Secretary of State, a UCC-2 Amendment to Fixture Filing, a Clarification Re Contractor
Consents, and related documents, all dated on or about March 30, 1992 (collectively, the "First
Amendment Documents").
D. WHEREAS, on October 14, 1994, Parties executed the Loan Modification
Agreement, including a Second Amendment to the Agency Note and Agency Deed of Trust,
recorded as Doc. No. 1994-0603786 on October 14, 1994 in the official records of the San Diego
County Recorder's office ("Loan First Amendment") to modify certain aspects of the Agency
Loan Documents to accommodate the terms and conditions of the Permanent Financing from the
Department of Housing and Community Development, a public agency of the State of California
(the "Department"), and California Community Reinvestment Corporation, a California
nonprofit public benefit corporation ("CCRC").
E. WHEREAS, Section 2.3 of the Loan First Amendment states that the Agency Note is
modified to provide that the entire unpaid principal balance and all accrued interest shall be due
and payable on December 31, 2008.
F. WHEREAS, the remaining unpaid principal balance and all accrued interest on the
Agency Loan as of August 1, 2009 is TWO HUNDRED SIXTEEN THOUSAND ONE
HUNDRED TWENTY-FIVE AND 02/100 DOLLARS ($216,125.02).
G. WHEREAS, Borrower has and continues to make timely payments on the Agency
Loan consistent with the Agency Loan Documents.
H. WHEREAS, Borrower has requested consideration of amending the Agency Loan
documents to extend payment of the remaining unpaid principal balance and all accrued interest
on the Agency Loan.
7-24
Park Village 200 Loan Amend
RDA Resolution No. 2009.-,--
1. WHEREAS, the Agency has no obligation or duty of any kind to agree to the
Borrower's requests, and without directly or indirectly incurring any other liabilities or
obligations to the Borrower, or any other person, Agency is willing to agree to the Borrower's
requests subject to and on the terms and-conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
hereto hereby agree to a Second Amendment to the Loan Assignment and Assumption Agreement
and Third Amendment to the Agency Note and Agency Deed of Trust and agree to amend the
Agency Loan Documents as follows:
1. Affirmation of Loan.
1.1. Acknowledgment of Indebtedness. The Borrower hereby acknowledges and agrees
that as of August 1, 2009, there is presently due and owing to Agency by Borrower
on the Loan the principal sum of TWO HUNDRED SIXTEEN THOUSAND ONE
HUNDRED TWENTY-FIVE A1'\!D 02/100 DOLLARS ($216,125.02).
1.2. Ratification of Loan Documents. Borrower hereby ratifies and reaffirms the Agency
Loan Documents (as modified by the Loan First Amendment and this Loan Second
Amendment) to which it is a party.
2. Modification of Note. Notwithstanding anything to the contrary contained in the Note,
subject to the conditions set forth in Section 6 hereof, below, the Note is hereby modified as
follows:
2.1. Interest Rate. As of the effective date of this Loan Second Amendment, the
outstanding principal balance on the Note shall accrue interest at the rate of three
percent (3%) simple interest per annum.
2.2. Principal and Interest Payments. Principal and interest shall be due and payable in
equal consecutive monthly installments due and payable on the first day of each
month commencing with September I, 2009, based upon a twenty-four (24) year
pursuant to the amortization schedule attached as Exhibit A. Such loan period has
been extended to be consistent with the loan period for the Permanent Financing from
the Department of Housing and Community Development. Stich payments shall
continue until the entire indebtedness evidenced by the Note and all accrued but
unpaid interest is fully paid, with any unpaid principal and all accrued but unpaid
interest due and payable on the Maturity Date provided in Section 2.3 below.
2.3. Maturity Date. The Note is hereby modified to provide that the entire unpaid
principal balance and all accrued interest shall be due and payable on December 31,
2033.
2.4. No other Changes. Except as expressly set forth herein, no other changes to the
Agency Note or the First or Second Amendment thereto are contemplated or intended
by this Third Amendment to the Agency Note and Agency Deed of Trust. The
7-25
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
balance of the Agency Note, the Agency Deed of Trust and the First and Second
Amendments thereto shall remain unchanged and continue in full force and effect.
2.5. Endorsement. Agency shall prepare an endorsement to the Note to be executed by
Agency and Borrower and attached to the Note to reflect therein the modifications
effected hereby.
3. Modification of Security Documents. Notwithstanding anytlring to the contrary contained
in any of the other Agency Loan Documents, each such document is hereby modified to the
extent necessary to conform to the modifications of the Note set forth in Section 2 above and
to incorporate the full force and effect of said modifications as they apply to or affect the
provisions of such documents. Each of the Agency Loan Documents is hereby amended to
secure, to the extent that by its terms it does not already so secure payment and performance
of all obligations of Borrower under the Note as modified in Section 2 above. All references
in each of the other Agency Loan Documents to the Note and/or the Deed of Trust and/or any
other such document shall, from and after the date of this Loan Second Amendment, be
deemed references to the Note, and/or Deed of Trust and/or other such documents as
modified by this Loan Second Amendment. Additionally, the parties hereto acknowledge
that, pursuant to that Subordination Agreement, Estoppel Certificate and lntercreditor
Agreement ("Department Subordination Agreement") by and between the parties hereto and
the Department (one of the "Department Loan Documents" defined above), certain terms of
the Agency Loan Documents shall be modified, and certain remedies provided in the Agency
Loan Documents shall not be exercised without the prior written approval of the Department
except as otherwise provided in the Department Subordination Agreement.
4. No Waiver by Lender. Except as specifically set forth herein, the execution of this Loan
Second Amendment by Agency shall not constitute a waiver of any rights or remedies to
which Lender is entitled pursuant to the Note, the Deed of Trust, any of the other Agency
Loan Documents, nor shall the same constitute a waiver of any default which may occur in
the future with respect to the Note, the Deed of Trust, or any of the other Agency Loan
Documents.
5. Recordation and Priority of Lien. Upon the recordation of this Loan Second Amendment,
this Loan Second Amendment shall be a supplemental lien against the Property and shall
encumber the Property until the Note, as herein amended, is fully paid and the Deed of Trust,
as herein amended, is fully reconveyed and released of record; provided, however, that this
Loan Second Amendment shall in no way alter the priority of the lien on the Property created
by the Deed of Trust or . any of the other Agency Loan Documents and the terms and
provisions of this Loan Second Amendment shall relate back to the original date of the Deed
of Trust and of each of the other Agency Loan Documents except to the extent that the
Agency Regulatory Agreement and Deed of Trust are subordinated to the Department Loan
and the CCRC Loan in connection with the Permanent Financing.
6. Conditions. Agency's obligations under this Loan Second Amendment are conditioned on
the following:
7-26
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
6.1. On or before the date of execution of this Loan Second Amendment, Borrower shall
have delivered to Agency, at Borrower's sole cost and expense, for Agency's
approval, either (a) the agreement of North American Title Insurance to issue to
Agency an endorsement to Agency's policy of title insurance (Policy No. 30-58 000-
30 issued June 21, 1991, Roy Brown, Title officer) relating to the Loan (effective as
of the date of recordation of the Agency Loan) insuring the priority of the Deed of
Trust, as modified by this Loan Second Amendment, to be a valid third lien on the
Property subject to no new exceptions to title other than those created by the
Department Loan Documents and the CCRC Loan Documents, or not otherwise or
previously approved by Agency (a Form 110.5 endorsement), as well as any other
endorsement reasonably required by Agency (including Form 111.2 endorsements
with respect to the Department and CCRC subordination Agreements), or (b) at
Borrower's election, a new policy of title insurance providing comparable coverage to
be issued by a title insurer satisfactory to Agency.
6.2. Borrower shall have paid all title insurance premiums, escrow fees, recording fees,
and other reasonable costs and expenses of Agency incurred in connection with this
Loan Second Amendment except legal fees and costs incurred by Agency in
connection with this Loan Second Amendment.
6.3. During the term of the Loan, income generated by the Project, if any, shall be made
available to the Agency in accordance with the Department Regulatory Agreement
and the Child Care Center Operating Reserve Agreement.
7. Representations and Warranties. Borrower hereby represents and warrants to Agency
that: (a) Borrower has full right, power and authority to execute this Loan Second
Amendment and all of the documents required by this Loan Second Amendment, and to
perform its obligations hereunder and thereunder, without the need for any further action
under its governing instruments, and any individual executing this Loan Second Amendment
or any other related document on behalf of Borrower personally represents and warrants that
such individual is a duly authorized agent with full authority to do so, and with full power
and ability to bind such entity; (b) this Loan Second Amendment constitutes a legal, valid
and binding obligation of Borrower enforceable in accordance with its terms; and (c) the
execution and delivery of this Loan Second Amendment shall not violate any law, agreement
or document governing Borrower or to which Borrower is a party.
8. Relationship of Parties. Nothing set forth in this Loan Second Amendment shall be
construed as making Agency or Borrower, the partner, agent or joint venturer of the other,
and Agency and each Borrower shall have no relationship to each other than as borrower and
Agency.
9. Reporting Requirements. Borrower agrees to provide Agency with a copy of the Annual
Report and Audit provided to the Department pursuant to Section 22 0 f the Departnient
Regulatory Agreement by no later than ninety (90) days after the end of each "Fiscal Year for
the Development" as provided therein.
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
7-27
10. Miscellaneous.
10.1. Additional Documents. The parties hereto shall execute all additional documents and
do all acts not specifically referred to herein which are reasonably necessary to fully
effectuate tbe intent of tbis Loan Second Amendment and to preserve, protect, perfect
or defend the security interests granted pursuant to certain of tbe Agency Loan
Documents and subsequent Amendments tbereto.
10.2. No Assignment. The terms of this Loan Second Amendment are personal to the
parties hereto and shall not be assigned.
10.3. Time oftbe Essence. Time is strictly of the essence of this Loan Second Amendment
and full and complete performance of each and every provision hereof.
10.4. Successors. Except as otberwise provided in the Agency Loan Documents or this
Loan Second Amendment, this Loan Second Amendment shall be binding upon tbe
heirs, executors, administrators, successors and assigns of tbe respective parties.
10.5. Governing Law. This Loan Second Amendment shall be governed by, and construed
in accordance witb, tbe laws of the State of California.
10.6. Notices. All notices and otber communications provided for herein and in tbe Agency
Loan Documents shall be given or made by telecopy or in writing and telecopies,
mailed or delivered to the intended recipient at tbe "Address for Notices" specified in
tbe Agency Loan Documents; or, as to any party, at such other address as shall be
designated by such party in a written notice to each other party.
10.7. Third Party Beneficiaries. Except as expressly provided herein, no person not a party
to this Loan Second Amendment shall have or acquire any rights by reason of this
Loan Second Amendment, nor shall any party hereto have any obligations or
liabilities to such otber person by reason of tbis Loan Second Amendment.
10.8. Amendment. The provisions of this Loan Second Amendment and any Agency Loan
Document may not be amended, modified or waived except by an instrument or
instruments in writing signed by respectively the Borrower's party tbereto and
Agency.
10.9. Exhibits. Each exhibit attached hereto is incorporated herein by tbis reference.
10.10. Entire Agreement. This Loan Second Amendment, togetber with all exhibits and
schedules attached hereto and other agreements expressly referred to herein,
constitutes tbe entire agreement between tbe parties with respect to the Loan. All
prior or contemporaneous agreements, understandings, representations, warranties
and statements, oral or written, are superseded.
[SIGNATURE PAGE TO FOLLOW]
7-28
Park Village Zlld Loan Amend
RDA Resolution No. 2009-_
IN WITNESS WHEREOI<', the parties hereto have executed this Loan Second
Amendment as oftbe day and ye.tr first written above.
REDEVELOPMENT AGENCY:
REDEVELOPlvfENT AGENCY OF THE CITY OF
CHULA VISTA, a public body, coIpOrllte and
politic, of the State of Cali forma
By:
Name: James D. Sandoval
Title: Executive Director
ATTEST:
Donna NOlTis, City Clerk
APPROVED AS TO FORM:
Bm1 MiesfeJd, Agency Attorney
BORROWER:
PARK VILLAGE APARTMENTS LIMITED
PARTNERSHIP, a Califumia limited partnership
By: PARK VILLAGE PARTNERS, a California
general partnership, its General Partner
By: CMC CENTER BARRIO HOUSING
CORPORATION, a Califoruia nonprofit
public benefit corporation, Managing
General Partner of the Park Village
Partner
By:
Name:
Title:
~ ViJJal3c 'J....J. Ll]lln AmclIll
RDA Rc.'1C'1llolliQU No. 2009-__
7-29
EXHIBIT A
LOAN AMORTIZATION SCHEDULE
7-30
Park Village 2nd Loan Amend
RDA Resolution No. 2009-_
Loan Amortization Schedule
,~j:~~~~,~Eft~~~~~~~:.w17~~t~~~llr~T~~~i~~~
Loan principal amount 1$216,125.02 I
Annual interesirate__,__ 13.000% --1
Loan ~eriod in years 24 I
Base '@ar of loan 2009 i
Base month of loan'------ I September I
"~,";;;7W'~~;;7<~~~"",,,-~~"=~,~~
~n-"'- ""'~'~I~""<:,.:?"'.<a ":;r'~,-'r~'""l """'~:~{~"1n.-.If"
i.J:.- .-.~J! ~,~:.~;~~~~~~:::::~:t.~~~;t.~~,iJ;~i~1{:j~~~.Z~ri'~~
~~:;~~~~~~'nts'-"'-"""""'_t'~'J
[nterest in first calendar year ==i
!Interest over term of loan
I Sum of all payments '
,~, : ~1:'Sep;:'::lv ';::.::~S:$216)25;di~lif;' $1;053:'63 ,',fiJF' $513;'32.~f ': ';;:;;$540i3f'1}" ?::r!$5i3ji':.;~:\$54ojl11
~~",~oqJ;1;.i5-~;~ji.~;:%.m)il:r-;Z.b}~~tr~oS~@;(iWi;1i;;}l!.fr.:65::![;Jlj.$,$~9:91J:!i$.tQrt:J2.-,;;;J~,$.i'QZ9;~
:":' ff~v,:r: ';ff,~~;;;;\ ,$2J5 ,02.?::10J!ft.- $~053H'i3-'~jlf:' $..?1_5;89j'l":~'$5~Zj74'i,~t~$ JJ?43~~~: ,'!!!'i$l)~J 7:0~$1
if;;J. ':;~h6~1;,~,:.J :.i;'k< $M!I,58i:21'iii','". $r;053~63"'~&,:;,,$si7 ;18~:,. j'Jii!$536:45'~~' ,$2;060:99 ,:1f!1$2i153.5';;Jil
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", ",,','-' Fe'''''." ',,", ' ".".., $213 545 561:"'<" $1"053'63 ,"W, -'$51977" ',0\',''<'$533'86'"'''''' $3'099 23 "'~'$3'222'5~"
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" ,,,"'~\,,]uh"; ,",!!{,','if. $211,458:68',1',: $1,;053:63-':1\"'$524:981' ,1;,"$528,65;.:',' $5i19Ei~"yi1"$5'344,98i'
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Park Village 2nd Loan Amend
RDA Resolution No. 2009._
7-31
RESOLUTION NO. 2009-
-
RESOLlTTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA AUTHORIZING THE EXECUTIVE
DIRECTOR TO EXECUTE AME:t>'DMENTS TO A LOAN
AGREEMENT AND AN AGREEMENT CONTAINING
COVENANTS BY AND BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA, .AND P.A.RK
VILLAGE APARTMENTS, L.P. FOR PARK VILLAGE
AFFORDABLE APARTMENTS
W1-IEREAS, on or aboutJ une 4, 1991, the Redevelopment Agency of the City of Chula Vista .
(the "Agency") agreed to lend Park Village Apartments, L.P. ("Borrower") THREE HlJNDRED
FIFTY THODSA.Nl) DOLLARS ($350,000.00) (the "Loan") from its Low and Moderate Income
Housing Set-Aside fund f{)r the purpose offillancing the acquisition of Park Village Apartments in
the City of Chula Vista (the "Project");
WHEREAS, on June 19, 1991, Agency and Borrower entered into an Agreement Containing
Covenants Affecting Real Property, recorded as Doc. No. 1991-0300901 on June 21, 1991 in the
offlcial records of the San Diego County Recorder's Office ("Covenants") wherein, Developer
agreed to restrict Property's use to provide and maintain twenty-eight (28) affordable units
("Affordable Units") for very low income and low income hou~ehold~ fo~,a.periocrof thirty (30)
years;
WHEREAS, on October 14, 1994, BORROWER and the Agency executed the Loan
Modification Agreement, including a Second Amendment to the Agency Note and Agency Deed of
Trust, recorded as Doc. No. 1994-0603786 on October 14, 1994 in the official records of the San
Diego County Recorder's office ("Loan First Amendment");
WHEREAS, in accordance with Section 2.3 of the Loan First Amendment, the entire unpaid
principal balance and all accrued interest of approximately $222,352 ($221,429 loan principal and
$923 in interest) was due and payable on December 31, 2008;
WHEREAS, BORROWER has made timely monthly payments on the loan but is unable to
make full payment of the principal balance and accrued interest at this time and has requested an
amendment to the loan to extend the payment schedule;
WHEREAS, Park Village Apartments provides affordable units and a child care centerto the
benefit of the co=unity within the southwest area of the City of Chula Vista;
WHEREAS, the Agency is willing to modify the loan agreement to lower the interest rate to
three percent (3%) simple interest per annum, extend the maturity date to December 31,2033, and
extend the affordable covenants of the Project to September 30, 2033 or until the entire principal and
all ac~rued but unpaid interest of the Loan is fully paid, whichever date occurs last.
7-32
\VI-ffiREAS, such an amendment to the Loan and the Covenants provide more consistent loan
terms with the Proj ect' s permanent financing from the California Department of Housing and
Co=unity Development and the loan terms provided to other affordable housing proj ects assisted
by the Agency.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Chula Vista as follows:
I. The Redevelopment Agency hereby approves the Second Amendment to the Loan
Assignment and Assumption Agreement ("Loan Second Amendment") and the First
Amendment to Agreement Containing Covenants Affecting Real Property (Covenants First
Amendment) in substantially the forms presented. The Executive Director and his designee
ar.e hereby authorized to sign all documents, to make all approvals and take all actions
necessary or appropriate to carry out and implement the Amendments and to administer the
obEgations, responsibilities and duties of the Agency ill be performed tmder. the Loan
Agreement, Covenants, related documents and any subsequent amendments thereto.
2. The Agency Attorney, on behalf of the Agency, is hereby authorized to make revisions to the
Loan Second Amendment and Covenants First Amendment which do not. materially or
substantially increase the obligations of the Agency thereunder or materially or substantially
change the Project. .
Presented by
Approved as to form by
Gary Halbert
Deputy City Manager!
Development Services Director
J).['(~ il,. .
'/{.' ..' I}\.J</~
IJn Bar}'Miest: J .
-rei \ CgyAttorney
7-33
CITY COUNCIL
AGENDA STATEMENT
~~f:. CIIT OF
- - (HULA VISTA.
AUGUST 4, 2009, ItemL
ITEM TITLE:
PUBLIC HEARING FOR THE PROPOSED ASSESSMENT
OF CERTAIN DELINQUENT SEWER SERVICE CHARGES
AS RECORDED LIENS UPON THE RESPECTIVE OWNER
OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER OCCUPIED PARCELS
OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL
SUBMITTED BY:
DIRECTOR OF FINANCE/TREASURER~
CITYMANAGER..~
ASSISTANT CIT%~AGER '7 r
4/5THS VOTE: YES D NO I X I
REVIEWED BY:
SUMMARY
In order to adequately protect the City's interest in delinquent sewer service charges and
ensure that collection efforts are directed towards the responsible property owner in the
event of a change in ownership, staff is recommending approval of liens against affected
properties as a preliminary action to replacing the delinquencies on the property tax rolls
if they remain unpaid. Adoption of this resolution will enhance the collection process for
delinquent sewer service charges by ensuring that the correct property owners are
charged and that payments will be received on a timely basis. This is the identical process
approved by City Council since August 1998.
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
8-1
AUGUST 4, 2009, Item~
Page 2 of3
Guidelines the activity IS not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDA nON
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service
charges to be assessed as recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection. The ordinance states that upon notification
of the property owners, a public hearing is set for sewer service accounts which are over
sixty days delinquent. At the hearing, the City Council considers the delinquent accounts
together with any objections or protests by interested parties. At the conclusion of the
hearing, the City Council may either approve the delinquency and amount owed on the
accounts as submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as recorded liens upon the respective
parcels of land, and the amounts are charged to the property owners on the next regular
property tax bill.
In March 2009, City Council approved 576 delinquent accounts valued at $217,000 to be
placed on the property tax bill for collection. Staff recently identified 1,091 accounts
totaling $556,800 as being over 60 days delinquent and through preliminary collection
efforts, 655 accounts have been resolved, and the remaining 436 accounts valued at
$203,100 are now being submitted (listing available at the Finance Department). While
many of these property owners have gone through this lien process previously as they
continue to leave their sewer service accounts unpaid, the total number of delinquent
accounts being submitted for the lien process continues to climb.
These property owners have been notified of their delinquencies within the last 60 days,
and two weeks ago, they were notified of the public hearing and were asked again to pay
their delinquent sewer service charges to avoid a lien being placed on their property.
Payment arrangements will be set up as needed, and staff will continue to update this list
as payments are received and accounts are cleared. A final list will be submitted to the
City Council for consideration on the day of the public hearing in order to reflect the
most current payment postings.
Staff is recommending that the City Council approve the fmal list of delinquent sewer
accounts as submitted, and that these charges be forwarded to the County and assessed as
liens on the respective owner occupied parcels of land and ultimately placed on the next
regular tax bill for collection.
8-2
AUGUST 4, 2009, ItemL
Page 3 of3
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 properties which are the subject of this
action.
FISCAL IMP ACT
By placing delinquent sewer service charges on the property owner's regular tax bill, the
City realized approximately $549,000 in additional sewer fund revenues for Fiscal Year
2008/2009. From this action alone, the City should realize approximately $203,100 in
revenues.
Prepared by: Nadine lvfandery, Treasury A1anager, Finance Department
8-3
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTNE OWNER OCCUPIED PARCELS OF LAND
AND APPROVING . PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL
WHEREAS, Chula Vista Municipal Code section 13.14.150 allows delinquent sewer
service charges to be assessed as .recorded liens upon the affected properties and ultimately
placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification of the property owners, a public
hearing is set for sewer service accounts which are over sixty days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, many of these property owners have gone through this lien process
previously as they continue to leave their sewer service accounts unpaid; and
WHEREAS, these property owners have been notified of their delinquencies within the
last sixty days, were notified of the public hearing and were again asked to pay their delinquent
sewer service charges to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent sewer accounts as submitted, and that these charges be forwarded to the County and
assessed as liens on the respective owner occupied parcels of land and ultimately placed on the
next regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it: (1) conducts the public hearing to consider assessing delinquent sewer service charges as
liens on the affected properties; (2) overrules any and all protests or objections presented at the
public hearing; and (3) approves, with respect to the delinquent account list
8-4
Resolution No.
Page 2
submitted to the City Council and on file in the City Finance Department, assessing delinquent
sewer service charges as liens upon the respective parcels of land and the placement of such
delinquent charges as special assessments on the next corresponding regular ta'( bills, unless
cleared prior to transmittal of the delinquent account list to the County.
Presented by
Approved as to form by
/
Iud
Maria Kachadoorian
Director of Finance
J:\Attomey\RESO\SEWER\Delinquent Sewer Service Charges_07-20-09.DOC
8-5
08/04/2009
Customer Information
41244604
39428202
752078014
752750012
66563801
681582016
669478017
683058016
68721403
67531809
39656607
747454020
74751805
38273402
39641801
38660609
665342017
67172606
65156605
67733806
38623409
65169006
607498024
632430014
63416203
63642206
62443803
62444203
643298119
373350015
37212608
37208203
62367002
41409003
43716203
43715401
43723802
47543006
68123805
645282010
64542601
37015800
370074016
370/50031
37008602
~I~
--.-
~--~~
-
---
ITEI~ #8
ATTACHMENT
CllY OF
(HULA VISTA
Finance Department
Collections Unit
Delinquent Sewer Accounts - Public Hearing
Total due
$ 44362
$ 436.65
$ 508.36
$ 228.57
$347.42
$ 1,189.34
$ 437.95
$ 290.55
$ 1,074.63
$ 925.54
$ 494.62
$ 481.54
$ 348.30
$207.16
$471.13
$ 727.95
$ 634.00
$ 185.91
$ 225.82
$ 314.18
$ 1,734.39
$ 247.48
$ 492.47
$ 284.04
$ 1,632.45
$473.21
$ 393.20
$ 197.48
$ 318.42
$ 392.61
$ 246.45
$ 372.39
$ 282.82
$ 604.04
$ 427 43
$ 275.76
$ 704.26
$ 316.93
$ 282.82
$ 404.54
$ 685.69
$ 918.29
$ 200.76
$ 458.37
$ 352.52
Page: 1
Customer Information
60519809
61543808
62635402
43709401
61536602
62329401
69237406
47522207
753314023
60723402
23639008
23637408
240430016
24040609
24005007
46513405
69207800
692094023
62325003
623182013
626166016
32913805
64550202
645546013
64551400
757822011
75771808
75772608
75779008
75773402
692434014
34907801
349178014
349398021
360254035
360070019
360074019
757090021
75715401
70718203
75734204
68309401
39417402
685374013
74882801
48121007
69139001
435310013
41207807
43540607
665490027
38023802
36658403
366206012
62312604
62309001
62307802
623070013
Total due
$ 761 47
$ 220.66
$ 251.46
$ 435.83
$ 602.56
$ 944.4 7
$ 162.90
$453.13
$403.16
$ 368.04
S 348.98
$ 253.04
$ ] 94.53
$ 425 65
$ 337.44
$ 933.85
$ 385.72
$ 444.89
$ 210.10
S 547.09
$ 249.70
$ 1,253.86
$ 431.92
$ 471.98
S 429.97
$ 568.65
$ 332.86
$ 445.51
$ 255.21
$316.43
$ 513.96
$ 206.71
$ 241.80
$ 287.89
$ 733.17
$ 192.32
$ 477.57
$ 459.34
$ 263.96
$ 612.98
$ 465.29
$ 269.75
$ 315.16
$243.41
$ 251.17
S 447.84
$ 402.11
$ 247.46
$ 195.23
$ 301.69
$ 315.54
$ 377.94
S 718.20
$ 349 61
$ 776.43
$ 234.40
S 258.83
$ 496.46
Page: 2
Customer Information
62607805
62612203
48345002
38653407
37042603
37613003
64407405
64745003
64748605
64725804
651286012
64537807
64535403
447586020
419110014
409262012
40928208
39607004
382346013
36845001
37046202
39263006
39048203
416194011
46143804
45417406
46135804
45423002
37341004
37225004
62167800
62169004
621694014
66746204
667502015
67515806
67515401
675078014
69219802
37055001
67718201
25038005
624558010
37356203
368258021
47508204
4374700]4
43746609
43745405
41747800
75325002
75327009
665058014
63025801
63206203
60557003
382546017
38456202
Total dne
$ 268.45
$ 435.67
$ 294.61
$ 298.84
$ 452.20
$ 441.90
$ 619.49
$ 600.03
S201.19
$ 482.58
S 338.97
$ 241.80
$ 864.24
S 943.25
$ 602.34
S 1,391 71
$ 456.07
$ 382.52
$ 210.02
$ 219.47
$417.65
S 344.93
$ 635.41
$ 581.02
$ 237.44
$ 610.21
$ 255.61
$ 438.94
$ 376.38
S 367.01
$ 248.11
$ 346.91
$ 561 74
$ 824.72
S 433.03
S 431.69
S 199.56
$ 754.92
$ 931.16
$ 418.61
$ 173.77
$ 463.80
$ 2,004.90
S 220.90
$ 854.59
$ 220.66
$ 466.83
$ 384.83
S 181.66
$ 232.90
$ 283.86
$ 331.03
$ 893.65
S 390.34
$ 225.28
$ 555.55
$ 416.58
$ 1,127.82
Page: 3
Customer Information
63433405
64224201
(,4211003
24215003
24219004
46735804
424518010
424482019
37313802
37319405
37244604
61239001
62461809
479458012
47929406
47911007
47919406
67167406
67161402
42527800
41252005
43515802
425346025
43520205
40230207
41412204
75236202
752394021
402158010
685322013
685330015
437354019
36432206
44543401
42320805
447570022
687314011
68730607
68729402
62442608
69211806
67147805
636406016
62355407
40320601
40325401
40331409
62449807
47333003
47005807
47133409
42431005
423244010
42323601
496290012
40317801
403066012
40317005
Total due
8416.41
8 271.24
$ 1,104.97
S 282.82
$ 305.26
8261.83
S 576.21
8 559.64
$ 1,007.64
8 152.20
8 254.87
$ 595.51
$ 636.50
8 157.30
8265.93
$ 261.06
8301.31
8517.74
8 290.75
$ 777.21
8 481.54
8 30607
8348.11
8412.98
$ 259.64
$ 621.55
8543.56
S 175.90
8416.53
8 241.80
$ 206.77
8 245.76
$ 268.45
8 304.87
$ 255.15
8 430.88
8478.99
8687.36
8339.46
$ 753.77
8 330.35
$ 303.3 7
8 788.87
$ 975.85
8 188.99
S 435.91
8 327.99
8 288.45
S 678.55
S 203.60
$ 217 01
S 391.02
8305.26
8 225.82
$ 452.73
8 690.68
$ 722.Q9
8 254.29
Page: 4
Customer Information
403154015
34727004
34721003
35811007
35815803
358478010
36217808
36206601
358454022
41256005
41332203
40919802
40607804
67535400
675366012
65162206
68907811
626490018
62454205
75551601
6713 7807
75410607
67752204
65730202
68932604
43741003
435146014
45439806
42415402
47339801
47111404
69141371
40342204
34714209
362310019
60527804
669578030
445202013
37316208
48509402
23630202
23631004
40437409
36638608
42233804
41945404
40743805
40729803
69531003
69534604
69535004
69577803
445342019
445346010
451110010
47315405
473162019
47025002
Total due
$ 241.80
$ 1,522.85
$ 154.33
$ 526.49
$ 292.47
$ 549.11
$ 255.00
$ 367.90
$ 169.84
$ 495.76
$ 191.33
$ 560.85
$ 412.70
$ 350.32
$ 527.44
$ 241.80
$ 523 02
$ 331.90
$ 248.12
$ 449 46
$ 283.82
$ 230.28
$ 423.76
$ 486.43
$ 661.57
$ 220.57
$ 423.57
$ 234.35
$ 628.64
$ 521.67
$ 564.83
$ 300.25
$ 517.06
$ 1,209.52
$283.10
$ 944.48
$ 902.47
$ 719.58
$ 1,511.83
$405.81
$ 629.07
5 502.85
51,293.04
$312.38
$21773
$739.16
5315.79
$ 396.31
5199.56
$ 853.27
5 878.39
$ 509.98
$ 211.60
$ 412.67
$ 628.37
$ 453.13
$ 268.54
$ 282.68
Page: 5
Customer Information
39623003
39623406
39617002
39631805
45121006
69511801
69506205
685418010
423136029
42408600
41967401
410374020
40639007
42546201
421262012
421254016
49825407
421174018
49811409
49815808
40834602
408342021
40831403
47105406
74729003
445274013
44713003
67119402
67159800
445146011
422142016
42011802
42012602
49049007
416122014
4193460]
47329805
473078012
422066014
422086012
33233802
34737003
355254013
329314034
49036602
490186026
49046608
41227809
41222604
41325004
751494012
751474012
412170014
411206018
413470011
41341007
49836201 ]
490058015
Total due
$ 568.30
$ 492.4 7
$ 284.04
$ 1,900.44
$ 367.84
$ 491.60
$243.12
$ 379.86
$ 1,022.24
$ 248.11
$ 357.97
$435.19
$ 449.41
$ 699.41
$ 239.59
$ 384.59
$ 448.54
$ 241.32
$ 447.30
$ 543.47
$ 563.54
$ 241.80
$ 590.58
$ 737.77
$ 222.09
$ 1,029.73
$ 382.79
$ 935.33
$ 220 66
$ 581.79
$415.38
$ 290.80
$ 309.34
$ 252.35
$ 486.39
$ 771.01
$414.48
$ 664.24
5860.18
$ 585 48
$ 640.75
$ 368.79
$ 576.54
$ 194.97
$ 345.32
$416.49
S 295 77
$ 400.41
$ 676.25
$ 667.82
$ 183.19
$ 249.01
$ 390.69
$ 498.26
S 317.41
S 489.77
$ 336.90
$ 296.75
Page. 6
Customer Information
41305003
413102016
49069804 .
74439404
40914208
41011802
4095420J2
46105406
745102010
74511407
75141002
41356606
413542011
40913002
41125400
40956200
40959402
412616012
60729009
66555003
66941807
46525002
465]4607
465186028
75254202
409318012
75271809
414358021
754254012
752622010
40419402
40713404
40256202
40261804
40257407
40237804
40232204
362486019
69317401
60936604
46124606
647]2609
61243801
68327004
68329403
69553803
69551805
69545403
75307801
64313001
46123004
65723408
23827405
23606203
236098012
238]8204
23819403
23821404
Total due
$ 663.99
$ 20023
$ 559.98
S 467.35
$485.13
S 241.80
$ 608.43
S 433.75
S 406.43
$ 670.37
S 199.56
$ 622.29
$ 199.56
$ 326.30
$ 361.36
S 532.51
S 339 63
$ 389.27
$ 1,280.49
$ 485 42
$ 740.89
$ 282.82
$ 436.52
$ 231.89
$ 196.52
$342.81
$ 199.56
$ 234.31
$ 361.77
$ 480.03
S 375.65
$ 408.87
$ 889.75
S 328.22
S 228.63
$ 355.90
$ 356.12
$ 195.80
S 964.31
S 374.04
$ 1,256.65
S 315.71
$ 407.89
$ 336.85
S 427.97
$ 140.59
S 406.96
S 172.8]
$ 481.02.
S 157.30
S 232.92
$ 325.27
S 405.17
S 524.17
$ 372.02
S 283.38
$513.96
$ 241.32
Page: 7
Customer Information
75782607
75777403
75760608
40614205
751430015
751426013
754174011
403298010
41243003
64421007
65149004
65143004
63249408
60950608
750502013
68]20602
68121404
68524205
39243008
66973409
66965401
64736202
64 733803
69407005
69408601
694106016
69522607
33241806
34205006
34946606
34947802
32906602
349626018
426 Grand Totals
Total due
$ 206.77
$ 230.48
$ 341.05
$ 254.23
$ 462.46
$ 311.92
$ 283.51
$ 454.97
$ 428.78
$ 468.85
$ 772.25
$ 508.89
$ 431.98
$ 239.52
$ 1,087.73
$727.76
$ 605.30
$ 403.01
$ 672.98
$ 408.87
$ 516.65
$ 191.42
$ 447.93
$ 224 60
$ 535 48
$ ] ,548.40
$589.37
$ 330.90
$ 1,708.96
$ 787.87
S 147.80
$ 423.43
S 437.06
$ 198,707.69
Page 8
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~\ff:. CllYOF
~ - ., (HULA VISTA
AUGUST 4,2009, Iteml
PUBLIC HEARING FOR THE PROPOSED ASSESSMENT
OF CERTAIN DELINQUENT SOLID' WASTE SERVICE
CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX
BILL FOR COLLECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED
LIENS UPON THE RESPECTIVE PARCELS OF LAND AND
APPROVING PLACEMENT OF DELINQUENT CHARGES
ON THE NEXT REGULAR TAX BILL
DIRECTOR OF FINANCE/TREASURER~
CITY MANAGERM-
ASSISTANT CITY~NAGER S 7
4/5THS VOTE: YES D NO ~
SUNL\1ARY
In order to adequately protect the City's interest in delinquent solid waste service charges
and ensure that collection efforts are directed towards the responsible property owner in
the event of a change of ownership, staff is recommending approval for liens against
affected properties as a preliminary action to placing the delinquencies on the property
tax rolls if they remain unpaid. Adoption 'of this resolution will enhance the collection
process for delinquent solid waste service charges by reducing the amount of
uncollectible losses and ensure that payment will be received on a more timely basis,
This is the identical process approved by City Council on a regular basis since mid- 2001,
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 I 5060( c )(3) of the State CEQA
9-1
"
AUGUST 4, 2009, Item~
Page 2 of 3
Guidelines the activity IS not subject to CEQA. Thus, no environmental review is
necessary.
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In November 1998, City Council amended Municipal Code Section 8.24 to eliminate
suspension of solid waste service for nonpayment. To ensure that all residents pay their
fair share of the costs of this program, the ordinance allows delinquent solid waste
service charges to be assessed as recorded liens upon the affected properties and
ultimately placed on the property tax bills for collection. The ordinance states that upon
notification of the property owners, a public hearing is set for solid waste service
accounts that are over ninety days delinquent. At the hearing the City Council considers
the delinquent accounts together with any objections or protests by interested parties. At
the conclusion of the hearing, the City Council may either approve the delinquency and
amount owed on the accounts as submitted or as modified or corrected by the City
Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded
liens upon the respective parcels of land, and the amounts are charged to the property
owners on the next regular property tax bill. As these amounts are collected, the monies
are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late
charges.
In March 2009, City Council approved 1,403 delinquent accounts valued at $136,100 to
be placed on the property tax bills for collection. Since then, Allied Waste Services has
identified and submitted an additional 1,024 delinquent accounts valued at over $102,900
to the city for collection. Through the City's preliminary collection efforts, 649 accounts
have been resolved, and the remaining 375 accounts valued at $42,100 are now being
submitted (listing available at the Finance Department). The account status and property
ownership on these accounts have been verified by both Allied Waste and City staff.
While many of these delinquent accounts have gone through the lien process before as
they continue to remain unpaid, the total number of delinquent accounts being submitted
for the lien process continues to climb.
These property owners were notified of their delinquencies through a series of past due
notices sent by Allied Waste until they were ultimately submitted to the City for
collection. City" staff sent out past due letters within the past 60 days, and two weeks ago,
these property owners were notified of the public hearing and were asked to pay their
delinquent solid waste service charges prior to transmittal of the delinquent account list to
the County to avoid a lien being placed on their property. City staff has been working
with Allied Waste to resolve any customer disputes as they arise and payment
arrangements have been set up as needed. Staff will continue to update this list as
9-2
AUGUST 4, 2009, Item~
Page 3 of3
payments are received and accounts are cleared. A final list will be submitted to the City
Council for consideration on the day of the public hearing in order to reflect the most
current payment postings.
Staff is recommending that the City Council approve the final list of delinquent solid
waste accounts as submitted, and that these charges be forwarded to the County and
assessed as recorded liens on the respective parcels of land and ultimately placed on the
next regular tax bill for collection.
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 properties which are the subject of this
action.
FISCAL IMPACT
By using the property tax bill as the ultimate collection method for delinquent solid waste
service charges, the City realized a total of approximately $112,000 in Franchise Fees,
AB939 Fees and late charges for Fiscal Year 2008/2009.
From this action alone, the City should realize approximately $8,000 in revenues from
the total $42, I 00 collected, and the balance of $34,100 would be forwarded to Allied
Waste Services.
Prepared by: Nadine /vfandery, Treasury Manager. Finance Department
9-3
RESOLUTION NO. 2009.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND A;'-4TI APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT
REGULAR TAX BILL
WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24
to eliminate suspension of solid waste service for nonpayment; and
WHEREAS, to ensure that all residents pay their fair share of the costs of this program,
the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the
affected properties and ultimately placed on the property tax bills for collection; and
WHEREAS, the ordinance states that upon notification to the property owners, a public
hearing is set for solid waste service accounts that are over ninety days delinquent; and
WHEREAS, at the hearing, the City Council considers the delinquent accounts together
with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council may either approve the
delinquency and amount owed on the accounts as submitted or as modified or corrected by the
City Council; and
WHEREAS, the account status and property ownership on these accounts have been
verified by both Allied Waste and City staff; and
WHEREAS, property owners were notified of their delinquencies through a series of past
due notices sent by Allied Waste until they were ultimately submitted to the City for collection;
and
WHEREAS, staff has notified the property owners of the public hearing and these owners
were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account list to the County to avoid a lien being placed on their property; and
WHEREAS, staff is recommending that the City Council approve the final list of
delinquent solid waste accounts, as submitted, and that these charges be forwarded to the County
and assessed as record liens on the respective parcels of land and ultimately placed on the next
regular tax bill for collection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it: (I) conducts the public hearing to consider assessing delinquent solid waste service
charges as liens on the affected properties; (2) overrules any and all protests or objections
presented at the public hearing; and (3) approves, with respect to the delinquent account list
9-4
Resolution No. 2009-
Page 2
submitted to tbe City Council and on file in the City Finance Department, assessing delinquent
solid waste service charges as liens upon the respective parcels of land and tbe placement of such
delinquent charges as special assessments on the next corresponding regular tax bills, unless
cleared prior to transmittal of the delinquent account list to tbe County.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
/~(;aM
~X:4 Att~mey
J :\Anomey\RESO\SOLID W ASTE\Delinquent Solid Waste Charges _ 07.20-09 .DOC
9-5
~~~
--~
~ -- ~ -
~~~.;E"
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
DELINQUENT TRASH ACCOUNTS
August 04, 2009
Account No. Parcel No. Balance Due
142660 6435141800 S108.29
175194 5754910200 581.54
162844 5751710900 $112.86
103002 6404301005 S9678
195809 6411112500 $136.27
73347 6395701600 5100.26
136215 6423523600 $96.78
153882 6426000700 527.85
176113 6433800703 599.69
198243 5722820700 $111.71
114996 6426212200 5112.86
167607 6412711100 5103.72
164340 6403212200 5112.86
78125 6403233500 $108.54
47595 5753030500 5127.99
72898 5753031200 5112.41
25616 5921610600 596.78
191279 5953216316 S92.49
199250 6435205206 $94.68
35032 5722140100 S101.09
27680 6391921200 S108.54
104738 6411123400 5112.86
159535 6435433600 5112.23
163362 5952926600 $101.09
104513 6425010500 S143.20
147577 6435702300 5178.38
184023 6425104700 5101.09
192038 6291002400 $146.50
83841 6181511900 $95.00
101564 6401103200 5112.86
151209 6401410800 $96.78
147227 6436510708 S95.80
161219 5952511000 5101.09
188495 5954201001 596.78
162897 5954200803 581.54
136518 5954200813 S108.54
189097 5931900300 $108.54
152480 6423140400 $10.00
87826 5955100601 S96.78
Page 1 of 9
ITEM #9
ATTACHMENT
~~f?-
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CITI' OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No. Parcel No. Balance Due
199085 5955100506 $132.09
144932 5950314415 $108.54
181643 6420802811 $119.76
186956 6420802706 $82.07
199473 6403302103 $ 1 08.36
169617 6403302602 $96.01
131444 6403407600 $117.08
66681 6420110900 $104.19
189378 5931700100 $110.29
197944 6397010800 $100.99
181027 5852100700 $101.09
141720 6435143500 $122.47
65182 6403117600 $96.78
1 90430 5931411200 $81.54
170856 6435204703 $110.50
90830 5722141200 $96.78
4798 6402006900 $96.78
193881 5957420900 $135.73
199785 5958460300 $248.64
161889 5958460600 $96.27
148755 6435605400 $115.56
78269 6233426800 $84.95
199237 6233426300 $125.87
129815 6411322500 $108.54
187061 6401201200 $96.78
113400 5933011100 $107.95
157874 5958304400 $112.86
157721 5957911900 $112.86
26467 5693021100 $107.96
23044 6183205800 $108.54
73151 6183330900 $183.12
131209 6434843600 $101.09
142365 6433122900 $112.86
110769 6433212400 $112.86
187288. 6436915100 $112.86
157372 6437000300 $137.88
163555 6431401800 $87.69
190843 5752510500 $96.78
79623 5660305400 $131.96
Page 2 of 9
~~f?-
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~~~~
I
CllY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No, Parcel No. Balance Due
157089 6426405500 $96.78
199801 6191720900 $113.26
194396 5683341500 $121.13
186167 6220720800 $143.61
13522 6392000300 $81.54
154872 6403111800 $101.09
199991 5670710400 $101.09
100585 5955400900 $96.78
199057 5953610300 $140.84
152639 6201210300 $112.86
156388 5750501100 $103.52
13648 5750500300 $83.78
196565 5750500800 $125.10
13748 5722311200 $101.09
103677 5722520100 $112.86
106113 6191910600 $143.14
31107 5733512200 $101.09
161192 5755130200 $101.09
92401 6191311400 $133.16
23345 6182401200 $136.27
117571 6401510900 $96.78
195269 5958603500 $96.78
157836 6221903000 $129.92
108640 6424902200 $115.78
144995 6432303400 $30.53
129350 6426110700 $96.78
61262 6232905300 $108.54
199045 6182904300 $147.52
194708 5721501000 $108.54
136961 6180720200 $96.78
105526 5691631200 $96.78
172681 6436900600 $90.24
119982 5954406000 $121.39
177142 6184202000 $111.87
199766 5680140600 $93.14
182718 5733103200 $108.54
175388 5957301700 $113.85
94232 5933700600 $101.09
14535 5680421700 $96.78
Page 3 of 9
~~f?-
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--- - ---
~~~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No. Parcel No. Balance Due
200071 5730210900 $10712
182313 6425705800 $99.48
199711 6425904700 $12758
147679 6435712300 $94.53
114475 6433112000 $182.06
107406 6426013100 $108.54
117160 5742121700 5112.86
184235 5721222800 $111.24
98963 5693510100 $108.54
195701 6392120700 $146.81
198823 6430914600 $129.91
152413 5957321700 $96.78
151188 5950813900 $147.75
186279 6435411400 $124.70
76905 5753130100 $96.78
98372 5751520300 $112.86
106086 5752001200 $131.63
15189 5753010500 $112.35
195102 5753701300 $96.78
28526 6203800200 $96.78
191044 6193202200 $131.07
98159 5702003200 $138.16
89407 5752310800 $ 1 06.92
177929 6425103600 $96.78
181764 6436902900 $96.78
150490 5953213017 $113.34
182726 6402602500 $101.09
117346 6391010700 $96.78
191823 6401973300 $103.64
185191 6403924200 $96.78
123163 6402112100 $112.86
75017 5742816100 $55.86
64494 5740100900 $101.09
99838 6232804400 $112.86
151443 6390411100 $96.78
67840 6393220400 $112.86
94014 6232802100 $96.78
157663 5710730900 $112.86
6402 6201001700 $96.78
Page 4 of 9
~~rc-
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~- . ..
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~~~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No, Parcel No. Balance Due
185585 6192214200 596.78
73670 5951641200 5101.09
135120 6433901800 $101.09
199943 5735410600 5147.52
197140 5734900800 5101.09
199082 6180721700 $111.23
82010 5955100214 5120.19
193905 5955100215 5113.11
177845 5954100201 $96.78
165175 5954100203 594.67
127850 5954102413 $96.78
192336 5754211200 5205.98
47816 5661102500 5127.55
191802 6432712000 $96.78
129431 6426906100 5102.73
175373 6411200900 $101.09
194727 6412821900 5124.50
198800 6435022900 599.03
146271 6435152600 $108.54
102103 6240323000 596.78
100909 6240322600 $120.45
94603 5651611203 5108.54
133390 5651611204 596.78
16274 5650521600 $108.54
170855 6404300507 581.54
141575 6404300511 $96.78
148404 6435600300 5108.54
188780 5711230900 $96.78
194022 6396506400 $125.13
185071 6390730100 594.23
198568 6241501000 $101.09
85566 5954512300 $155.35
16717 6203602700 $136.27
26481 6241000900 $262.80
135402 6441122100 $ 1 09.38
161106 6441122400 $108.54
185410 6441111800 $96.78
190869 6412503700 $133.42
28414 5933920800 $101.09
Page 5 of 9
~Jfc-
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~~~
CITY OF
CHUlA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No. Parcel No. Balance Due
190513 6395910200 $108.54
16991 5732241000 $90.76
174155 5753660700 $98.17
194139 6201230300 $132.57
94108 6394600400 $136.27
173066 6436103111 $106.92
161934 5958461500 $105.96
200253 6190510600 $111 10
197828 6436805426 $89.31
199451 6412712700 $110.94
185252 5950822100 $112.86
180489 6396413400 $30.62
5736 6204101000 $108.54
1 08470 6190901600 $51.09
177040 6190901600 $96.78
196849 6190503100 $101.09
199681 6182302200 $139.22
196073 6393840400 $131.35
196846 5754000200 5114.23
116718 6426210200 $131.96
23023 6184200400 $121.09
199249 6436102817 5114.98
187787 6396421600 $96.78
199970 6432920800 $88.40
154821 6434863200 $108.54
17967 6202220800 $112.86
165960 6395900800 $112.24
193616 6403103800 $132.86
67486 6403103900 596.78
199603 6436510814 $133.41
199159 6394220500 $150.30
199509 6433113600 $403.97
199926 6181311700 $102.14
79174 5651520800 5230.33
198778 5710710100 $121.51
199017 6204803200 $129.68
163852 6203900200 5108.54
168047 6436400400 5136.27
171873 6432115900 $112.86
Page 6 of 9
~Jf?-
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-- - ----
~~~~
CITY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August04,2009
Account No. Parcel No. Balance Due
36768 6201701700 $86.52
63939 6201701200 $131.96
185624 6204700100 $136.15
143959 6424815400 $101.09
199578 6431002303 $108.22
79130 6203011100 $108.54
115672 6203030300 $112.86
199896 5933300900 $178.83
182101 5950315312 $96.78
115895 6202622600 $112.86
141041 5955000209 $96.78
98817 5955000213 $81.54
198065 5682612500 $101.09
33733 5922303700 $134.86
142979 5933704600 5117.08
18657 5691201200 $96.78
176495 6432314700 $96.78
193519 6436602600 $113.82
155887 6433700417 $96.66
187933 6432502900 $138.74
199623 5951931700 $116.88
177526 5952522500 $101.09
166568 6203701200 $119.26
36791 6200230200 $96.77
104186 6182703000 $117.17
188452 6437331900 $101.09
195938 6435147500 $96.78
146458 6435173200 $85.86
199636 6404301216 $114.44
169520 6411933800 $108.54
159848 5712811500 $ 136.57
63585 6401714000 $9.92
158861 5955406600 $101.09
198868 6411923200 $123.94
158135 5954800600 $123.05
192825 6435703000 S 1 08.54
170879 5750810200 $112.86
122194 6241002100 $250.34
197682 5956004000 $120.06
Page 7 of 9
~Jf?-
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~~~~-:
"""'-~~~
CllY OF
CHULA VISTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No. Parcel No. Balance Due
146966 6436803900 $121.54
78544 6190812400 $101.09
166519 6190820200 $85.86
199750 6191812200 $115.56
191104 5662503700 $128.03
165489 5692200200 $96.78
190686 6423801605 $96.78
97803 6423800715 $96.78
82219 6401801100 $96.78
95306 5730710700 $101.09
23120 5730610400 $110.37
167103 5693900200 $112.86
181801 6233330400 $108.54
180481 5952933700 $30.81
135684 6426505000 $113.87
175850 6435027600 $112.86
178020 6435027200 $108.54
158386 5957241200 $112.86
177897 5952931000 $119.72
159738 6430911400 $124.50
184868 6434865308 $96.78
196560 6424600400 $108.54
110776 6424303300 $101.09
199385 6425311900 $126.16
190720 6411901300 $112.35
188154 6411901100 $141.12
144245 6412612700 $108.54
157040 6412112200 $102.23
170005 5957622200 $108.54
197978 5957614500 $108.54
198950 5957600400 $118.72
199351 6242902300 $157.93
200060 6233130800 $153.96
175048 6291411400 $101.09
146853 6413012900 $108.54
73987 6201120400 $120.86
167128 6233322602 $133.41
200002 6430515002 $94.44
199948 6191222000 $128.03
Page 8 of 9
~~f?-
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CllY OF
CHULA VaSTA
Finance Department
Collections Unit
Accounts With Notice Of Public Hearing Sent
August 04, 2009
Account No. Parcel No. Balance Due
187362 6191221600 $79.31
199611 5681640500 $120.08
116932 5733812100 $96.78
192733 6423131000 $125.35
147743 6435904400 $96.78
137985 5957454800 $112.86
198833 6403926700 $147.52
137091 6403912800 $96.78
182590 6403927700 $112.86
110552 6403816900 $101.09
128731 6434404900 $123.28
187912 6435204809 $96.78
187007 6435204801 $107.07
177115 6180718400 $101.09
163806 6436911600 $134.44
159512 5958034100 $96.78
199396 6411502700 $108.54
183175 5957602600 $89.96
147174 6435413000 $155.30
147151 6435412400 $112.86
161457 5958442600 $95.45
188888 5921715700 $122.78
157926 6436622300 $135.19
105805 6181010500 $136.27
176670 5932611400 $131.96
Accounts: 337 Total Due: $37,767.44
Page 9 of 9
CITY COUNCIL
AGENDA STATEMENT
-\If..
:$ ~ (llY OF
='~ --CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
SUMMARY
Item No.: /0
Meeting Date: OR/04/OIJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A THREE-PARTY AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, RECON (CONSULTANT), AND
OTAY LAND COMPANY LLC (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION
OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE
UNIVERSITY VILLAGES GENERAL PLAN AMENDMENT, AND
OTAY RJu~CH GENERAL DEVELOPMENT PLAN
AMENDMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENy.,1 V
DEPUTY CITY MANAGE~CTOR OF DEVELOPMENT
SERVICES
CITY MANAGE~
4/5 TH VOTE REQUIRED YES NO X
The applicant has filed General Plan amendment and General Development Plan amendment
applications for the University and Southern Otay Ranch Villages Project. The Environmental
Review Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR). The item before the City Council is a request for the City
Council to approve the proposed contract with RECON for an amount not to exceed $388,400 to
provide consultant services for the preparation of the CEQA required environmental documents for
the proposed project and an additional $97,100 for additional services should they be necessary.
ENVIRONMENTAL REVIEW
The Envlronmental Review Coordinator has reviewed the proposed contract approval for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review of contract approval is necessary.
10-1
I()
Page 2, Item No.: v
Meeting Date: OR/04/09
RECOMNIENDA TION:
That the City adopt the Resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Rackunllncl
The University and Southern Otay Ranch Villages Project involves proposed amendments to the
City's General Plan and the Otay Ranch General Development plan. The Otay Land Company
has submitted General Plan and General Development Plan Amendment applications for their
ownership in portions of Otay Ranch Villages 4, 7, 8 and 9. The Otay Ranch Company will be
coming forward with plans for their land ownership in the area at a later date. The applicant's
proposal would result in an increase in density beyond that specified in the 2005 General Plan
Update, but the development footprint between what was adopted in the 2005 General Plan
Update and the proposed Project area remains virtually the same.
Pursuant to the California Environmental Quality Act (CEQA), the Environmental Review
Coordinator has determined that the proposed project requires the preparation of an
Environmental Impact Report (EIR). Development Services Department staff does not have the
available time or expertise to prepare the needed EIR. Therefore, the applicant is proposing the
project enter into a three-party agreement for the preparation of the CEQA documentation.
rnn~111f:::1nt Sp.rviC:PS Sf':lpctlnn Prncf'SS
RECON has acquired an in-depth knowledge of Chula Vista General Plan related environmental
issues through their preparation of the 2005 General Plan Update EIR and associated
baseline/technical studies. RECON's comprehensive familiarity with the Chula Vista General Plan
and General Plan study area, coupled with the knowledge gained through their preparation of the
General Plan Update EIR and associated baseline/technical studies, makes RECON uniquely
qualified to serve as the Consultant for this project. Pursuant to Chula Vista Municipal Code
Section 2.56.070. 4. staff is recommending that the Council waive the formal bidding process and
hire RECON as a sole source.
Scnp" nfWnrk
RECON will function as the Environmental Consultant to the City of Chula Vista under a three-
party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The responsibilities of the Environmental Consultant will include the
following:
10-2
Page 3, Item No.: 10
Meeting Date: OR/04/09
Review of the available Project information;
Preparation of an Initial Study and Notice of Preparation;
Preparation of Screen check, draft and final EIRs;
Preparation of responses to comments received during public review;
. Preparation of Findings and the Mitigation Monitoring Reporting Program; and
. Attendance at team meetings and public hearings
l'nntr;::tr.t P~ymP.Tlt
The total cost of the contract for consulting services is $388,400 with an additional 25%
contingency ($97,100) for additional services to cover unforeseen issues that may arise during
preparation of the EIR and if determined to be necessary by the City's Environmental Review
Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City
staff time associated with preparation of the EIR.
The City Attorney's Office has reviewed and approved the form of the contract.
DECISION-MAKER CONFLICTS
Staff has reviewed the property holdings ofthe City Council members and has found no property
holdings within 500 feet of the boundaries of the property, which is subject to this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. The applicant will fully compensate the
consultant. The contract amount for consulting services is 5388,400. The contract allows the
Contract Administrator to negotiate additional fees, which will be paid by the applicant, not to
exceed 25% of the total contract amount ($97,100) to cover unforeseen issues that may be
identified during the preparation of the ErR.
ON-GOING FISCAL IMPACT
Approval of the three-party agreement will not result in on-going fiscal impacts since the contract
will terminate once all required work is completed by the consultant.
Attachments:
Three Party Agreement
10-3
Three-Party Agreement Between
City of ChuIa Vista,
RECON Consultant, and
Otay Land Company LLC (Applicant),
For Consulting Work to be Rendered with Regard to Applicant's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", RECON whose business form and address are indicated
on the attached Exhibit A, and the persons collectively designated on the attached Exhibit A as
"Applicant", whose business form and address are indicated on the attached Exhibit A, and is made
with reference to the following facts:
2. Warranties and Representations.
2.1. Applicant warrants that Applicant is the owner ofland ("Property") commonly known
as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement
to develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
2.6. The Applicant and City have entered into a University Villages/Otay Ranch Project
Staffing and Processing Agreement on June 23, 2009, ("Processing Agreement") for the retention of
professional staff by the City for processing the Entitlements for the Property. Notwithstanding
however, Applicant acknowledges and agrees that the provisions ofthis Agreement with respect to
the payment ofthe Consultant shall supersede any provisions ofthe Processing Agreement pertaining
to the payment of services for professional staff.
7/24/09
Three-Party Agreement
Page 1
10-4
2.7. On April 15, 2008, the City and Applicant entered into a Land Offer Agreement ("LOA")
which sets forth the terms and conditions for Applicant's conveyance and the City's acceptance of
certain real property described within the LOA.
2.8 Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B.
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICAL'IT AS FOLLOWS:
3.1. Employment of Consultant bv Applicants.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all ofthe
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all ofthe services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Consultant understands
and agrees that time is of the essence for this Agreement.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
7/24/09
Three-Party Agreement
Page 2
10-5
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent.to the governing compensation relationship indicated by a "checkrnark" next to
the appropriate arrangement, by paying said amount to the City, within 30 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 of this Agreement and
Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, pay said
amount to the Consultant in accordance with the Bill Processing provisions in Exhibit C, if checked
City is merely acting in the capacity as a conduit for payment, and shall not be liable for the
compensation unless it receives same from Applicant. Applicants shall not make any payments of
compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. lfthe Applicant, with the concurrence of City, determine
that additional services ("Additional Services") are needed from Consultant of the type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional work, and ifthereupon the Applicant fails or refuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application at which time the force majeure provisions of the LOA shall be applied until the
Applicant deposits the City's estimate ofthe costs ofthe additional work which the City determines
is or may be required. Applicant shall pay any and all additional costs for the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with said reduction.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount oftime
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation bv Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions ofsuch trust being as indicated on
Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
7/24/09
Three-Party Agreement
Page 3
10-6
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use ofthe Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant and in such event the force majeure provisions of the LOA shall
apply.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall
meet with the approval of the City:
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4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise
carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members ofthe general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates oflnsurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General LiabilitY Insurance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present lectures
on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
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The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant which shall not be
umeasonably denied. Consultant shall promptly repair any damage to the subject property occasioned
by such entry and shall indemnify, defend, and hold the City and Applicant, and their agents, and
employees harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with
or arising from any such entry and access. Failure to allow Consultant timely access or entry to the
Property which is needed in order for Consultant to proceed with performance under this Agreement
shall trigger the force majeure provisions of the LOA.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. Decline to Participate.
Regardless ofwhether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this Agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. Dutv to Advice of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result in a conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicants or by any other party as a result of Consultant's performance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term of this Agreement, or for 12 months thereafter.
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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.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default ofthe Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or ifthe Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. Citv's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision ofthis agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and. documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as ifset fully set forth herein.
1]. Hold Harmless and Indemnification.
]] .1. Consultant to Indemnify City reo Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution ofthe work covered by this Agreement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors and omISSIOns,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except those claims arising from the negligence or
willful misconduct of City, it officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall not
be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under
this Section shall survive the termination of this Agreement.
] 1.2. Applicant to Indemnify City reo Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting trom or
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arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice ofan event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement of
such amendment, waiver or discharge is sought.
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13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement and performance hereunder,
shall be the City of Chula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severabilitv.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
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13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge ofthe
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an effect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
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Signature Page To
the agreement Between
City of Chula Vista,
RECON Consultant, and
Otay Land Company LLC,
for Consulting Work to be Rendered WIth regard to Applicant's Project
(Page I of 2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
ofthis agreement, do hereby express their consent to the terms hereofby setting their hand hereto on
the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to Form:
Bart Miesfeld, City Attorney
Dated:
Consultant: RECON
By:
Robert MacAller, President
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Signature Page To
the Agreement Between
City of Chula Vista,
RECON Consultant, and
Otay Land Company LLC,
for Consulting Work to be Rendered with regard to Applicant's Project
(page 2 of 2)
Applicant:
Otay Land Company, LLC
By:
Title:
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Exhibit A
Reference Date of Agreement:
August 4, 2009
Effective Date of Agreement:
Date of City Council Approval of Agreement
City:
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Consultant:
RECON
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
1927 Fifth Ave
San Diego, CA 92101
Applicant:
Otay Land Company
1903 Wright Place, Suite 220
Carls bad, CA 92008
Business Form of Applicants:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address:
1. Property (Commonly known address or General Description):
The project site is located (see map) within the Otay Valley Parcel of the Otay Ranch Planned
Community. The project area is generally described within the Otay Ranch General Development
Plan as portions of Villages 4,7,8,9 and the University Site. More specifically, the geographic areas
are as described below and show on the site plan in Attachment A:
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.
The portion of Village Four that is included in this project is bound by the Otay River Valley
to the south, the remainder of Village Four to the north and west, and the southerly extension
of La Media Road to the east..
.
The portion of Village Seven included in this project is bound by Rock Mountain Road/Main
Street to the south, the remainder of Village Seven to the north, La Media Road to the west
and the existing Olympian High School to the east.
.
The portion of Village Eight that is included in this project is bound by the Otay River Valley
to the south, Rock Mountain Road/Main Street to the north, the remainder of Village 8 to the
east and La Media Road to the west..
.
The portion of Village Nine that is included in this project is bound by the Otay River Valley
to the south, Rock Mountain RoadlHunte Parkway to the north, the proposed University site
to the east and SR-125 to the west.
2. Project Description ("Project"):
The project consists ofthe preparation of a Supplemental Environmental Impact Report addressing
proposed Amendments to the Chula Vista General Plan and Otay Ranch General Development Plan,
in order to allow land uses that accommodate up to 6,050 single and multi-family dwelling units on
approximately 633 acres ofland, as envisioned in the 2008 Land Offer Agreement between the City
of Chula Vista and the Otay Land Company LLC. The ElR will analyze all potential environmental
impacts associated with the implementation of the Land Offer Agreement at a programmatic level.
3. Entitlements applied for:
.
Proposed discretionary actions for the Property include: General Plan Amendment, General
Development Plan Amendment.
4. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare a Supplemental ElR for the University Villages General Plan Amendment,
General Development Plan Amendment, in accordance with the City ofChula Vista Environmental
Review Procedures; with the criteria, standards and procedures of the California Environmental
Quality Act (CEQA) of 1970, as amended, (public Resources Code Sections 21000 et seq.) and the
CEQA Guidelines (Public Resources Code Section 15000 et seq.); and with other applicable
regulations, requirements and procedures of any other responsible public agency or any agency with
jurisdiction by law..lfthere are conflicts between the CityofChula Vista's requirements and those of
any other agency, the City of Chula Vista's shall prevail when the City is the Lead Agency. All work
performed by Consultant shall be to the satisfaction of City's Environmental Review Coordinator or
appointed designee.
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5. Detailed Scope of Work ("Detailed Services"):
RECON shall prepare a Supplemental EIR for the University Villages General Plan Amendment, and
General Development Plan Amendment. RECON shall consult with all trustee and responsible
agencies, agencies having jurisdiction by law and any other person or organization having control
over or interest in the Development as necessary to ensure that the EIR is current and complete as to
issues raised by such agencies. The Draft and Final EIR shall be prepared in such a manner that they
will be meaningful and useful to decision-makers and to the public. Technical data is to be
summarized in the body ofthe report and placed in an appendix. All documents shall be prepared in
Microsoft Word.
RECON shall compile supporting documents into separate volume(s) to be referred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the EIR.
The Detailed Services to be provided are described below:
Proiect Start-Up and Initiation
The Consultant shall attend a start-up meeting with the City to establish communication protocols,
confirm their understanding of the project, discuss key issues, review the schedule of deliverables,
and collect plans and documents. Following the start-up meeting and a thorough review ofproject
plans, the consultant shall prepare a memorandum identifYing outstanding information required to
complete the project description for the EIR. Upon receipt of the requested information, the
consultant shall prepare a draft project description and submit it to the City for review.
In addition, the consultant will develop baseline data for use in the environmental analysis. Tms will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and ErR, and any
Applicant-prepared support documents and teclmical studies. In assembling baseline information for
the EIR, the Consultant will maximize use of existing data. As part oftms task, the Consultant will
conduct general surveys of the site and vicinity to document existing conditions through notation,
photography, and mapping.
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Notice of Preparation
RECON will submit a Screen check Notice of Preparation (NOP) to the City for review and will
make revisions from a single set of comments. Following approval by the City, RECON will produce
the NOP for distribution by the City.
Technical Studies
Traffic Report
Linscott, Law & Greenspan, Engineers (LLG) will prepare a traffic impact study to address proposed
changes to the land use and roadway network associated with the GP/GDP Amendment. The tasks
to complete the traffic study include the following:
Proiect Mobilization
. Confirm the project description, work schedule, and assumptions to be utilized in the
traffic study.
. Contact City ofChula Vista staff to discuss the project and analysis criteria, confirm
the study approach, identify pertinent traffic issues and concerns, and formalize the
scope of work for the traffic study.
Data Collection and Research
. Visit the project study area to confirm existing conditions with respect to existing site
development, local area development, site access, parking use, and areas of
congestion in order to verify our overall understanding oftraffic conditions in the area
that might affect this proj ect.
. No existing conditions analysis will be conducted.
SANDAG Traffic Models
. Coordinate with the City to determine the appropriate network scenarios to be
analyzed. A maximum of eight (8) scenarios are assumed. The scenarios will vary
depending on assumptions for La Media Road Bridge, the Hunte Parkway couplet,
and SR-125.
. Coordinate with the City and SANDAG to develop several forecast traffic models for
the project based on the network scenarios. It is anticipated that up to eight (8) models
will be required.
. Review the models and verify proper land use and roadway network coding.
. Attend up to two (2) meetings with SANDAG.
Level of Service and Mitigation Analvsis
. Confirm the capacity of the study area roadways and prepare a daily (ADT) street
segment analysis for each scenario (up to 8).
. Evaluate the project-related (ADT) growth on the analyzed street segments.
. Determine which street segments are significantly impacted by the proposed project.
The project is assumed to consist of the composite mix of land uses proposed. Project
impacts by land use or location is not proposed.
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. Conduct limited intersection analysis focusing on the HeritagefMain intersection,
intersections affected by the potential removal of the SR-125/0tay Valley Road
interchange and the Hunte Park-way couplet removal. Up to six (6) intersections will
be evaluated.
. Forecast Year 2030 AMlPM peak hour volumes at the key intersections.
. Calculate the Year 2030 Level of Service (LOS) at each intersection.
. Determine the significant impacts at each. street segment and intersection.
. Compare the analysis results associated with the GP/GDP Amendment to the
approved General Plan.
. Compile a list of new and deleted significant impacts that would result from the
GP/GDP Amendment.
. Identify mitigation measures for each significant impact, which may include
intersection and/or signalization improvements, segment improvements, striping
modifications, the addition of auxiliary turn lanes, traffic control/limitations at site
access points, etc. This proposal assumes the recommended mitigation measures can
be adequately described within the text of the report.
. Conduct a freeway analysis for all scenarios, determine impacts and mitigation for up
to six (6) segments.
. Investigate the use of an Urban Level of Service.
. Investigate the reclassification of roadways to an Urban Arterial Class.
. Coordinate with the Applicants' traffic consultants.
Preparation ofthe Traffic Impact Studv
. Prepare a draft traffic impact study in report format that details all of the above-
mentioned items, analysis, findings and conclusions. The draft report will be suitably
documented with tabular, graphic and appendix materials. The draft traffic study will
be submitted for review by appropriate members of the project team.
. Provide up to three revisions of the Draft Traffic Study per City comments.
. Provide assistance in responding to traffic-related comments received during public
review of the Draft SEIR.
Air Quality Impact Report
RECON will update and supplement the air quality analysis prepared for the General Plan Update
EIR to reflect proposed changes. The analysis will consist of the following tasks:
. Determine the existing air quality conditions in the air basin based on the most receni
published data from the California Air Resources Board for nearby monitoring stations.
Review the federal, state, and local standards and regulatory review requirements.
. Calculate expected emissions for carbon monoxide, nitrogen oxides, and other criteria
pollutants using the URBEMIS 2007 computer model. Input parameters for the model
will be based on the land uses in the proposed GP/GDP Amendment and default
meteorological assumptions used for California urban areas.
. Complete a Caline carbon monoxide "Hot Spot" model for the intersections ofMain/La
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Media and MainlHeritage. Localized air effects from traffic on SR -125 will be based on
the environmental review conducted for the toll-way.
. Discuss the potential health risks associated with diesel particulate emissions from
vehicular traffic on area roads projected to carry more than 100,000 ADT. This
discussion will be based on the recommendations made by the California Air Resources
Board in April 2005. Air emissions modeling of diesel particulates is not anticipated.
. Prepare an air quality technical report that describes existing conditions, air quality
standards, the analysis methodology, and the results ofthe analysis. The report will also
identifY appropriate mitigation measures as required.
Noise Impact Analysis
RECON will update and supplement the noise analysis prepared for the General Plan Update EIR
to reflect proposed changes. The noise analysis will consist of the following tasks:
. Measure existing noise levels at locations along La Media, Heritage Road, Main Street,
SR-125 and East Lake Parkway. Measurement locations will be selected to provide an
understanding of the variability of noise levels from these roadways.
. Estimate future vehicular traffic noise levels using the Federal Highway Administration
(FHW A) Traffic Noise Model. The study will analyze noise caused by future traffic on
La Media, Main Street, Heritage Road, SR-125 and East Lake Parkway. The model will
be based on traffic volumes established by the traffic study prepared for the GP A, and
assuming flat site conditions. The results ofthe model will be expressed in community
noise equivalent levels (CNEL).
. Aircraft noise will be evaluated based on noise contours for Brown Field.
. The analysis will evaluate the adequacy of the mitigation outlined in the GPU EIR and
will identifY changes to those measures if needed. Noise thresholds provided in the
General Plan will serve as the basis for the determination of potential significant effects.
. Prepare a noise technical report that describes the study methods and results outlined
above and specifies any noise mitigation measures that may be needed.
Global Climate Change
Greenhouse gas (GHG) and global climate change (GCC) issues were not addressed in the GPU
EIR. To address GHG and GPU impacts from the proposed GP/GDP Amendment, the following
tasks will be completed.
. Develop an introductory discussion of global climate change including the most recent
information regarding the current understanding of the mechanisms behind global climate
change, greenhouse gas emissions, current conditions and trends, and the broad
environmental issues related to global climate change.
. Develop a discussion of current international and domestic legislation, plans, policies,
and programs pertinent to global climate change.
. Based on documents prepared by the California Air Resources Board and the California
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Attorney General's Office, discuss thresholds for evaluating the project's potential
contribution to global climate change, particularly in light of the goals specified in
Assembly Bill 32 (AB 32).
. Discuss the various protocols for assessing greenhouse gas inventories, such as the
greenhouse gas protocol developed by the World Resources Institute and the World
Business Council for Sustainable Development, and the California Climate Action
Registry General Reporting Protocol.
. Discuss potential changes in carbon storage on-site associated with modifications to the
existing land uses and habitats due to implementation of the project.
. Using Urbemis 2007, EMF AC2007, and other appropriate models, project greenhouse
gas emissions for the following sources associated with the proposed GSA:
o Projected traffic
o Projected energy consumptive use (natural gas and electricity) for the
proposed development
o Water delivery, processing, and wastewater treatment
o Solid waste disposal
. The focus will be on emissions of carbon dioxide, methane, and nitrous oxide.
Fluorinated greenhouse gases will also be considered, but their contribution from this
project to global climate change is anticipated to be negligible.
. Compare the projected greenhouse gas emissions to the significance thresholds and
provide a discussion of project features as they relate to the reduction of greenhouse gas
emissions. This discussion will include a review of the procedures currently in place in
the City of Chula Vista for the control of global climate change and evaluation of the
project in relation to current legislation, including SB 375. The evaluation will also
assess the whether the project would conflict with or obstruct the goals and strategies
identified in AB 32.
. Develop a discussion of the potential impacts on the proj ect due to external influences
caused by global climate change (e.g., rising temperatures and changes in rainfall
patterns).
. Recommend strategies for incorporation into the GP/GDP Amendment that will further
the AB 32 goals for GHG reduction relative to "business as usuaL" Strategies may
include options that consider site and building design, energy and water use, and solid
waste generation.
. Prepare a global climate change technical report and EIR section detailing the results of
the analyses and identifying mitigation recommendations. Mitigation may include
specific design feature recommendations for individual projects.
Sewer Study
. PBS&J will prepare a capacity analysis of the Salt Creek Tnmk Sewer. The capacity
analysis will include the following engineering services:
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. Attend one kick-off meeting to review grading and drainage plans and proposed sewer
conveyance.
· Review the 2005 Master Plan, including assumptions made for the General Plan Update
Capacity Evaluation for the Salt Creek Basin, and the Hydraulic Computer Model for Salt
Creek.
. Estimate the sewage generation from the GP/GDP Amendment.
. Review the existing hydraulic model and available capacity downstream of the Project.
Assess impacts of added flow capacity and determine probable system deficiencies and
proposed upgrades.
. Prepare new flow chart documenting existing and ultimate Metro Capacity needs.
· Prepare Draft section regarding Salt Creek Sewer impacts and Metro capacity needs for
inclusion in the RECON EIR.
Draft EIR Preparation
The Consultant shall prepare the first screen check Draft EIR for review by the City ofChula Vista.
In general, the Draft EIR and associated technical studies shall assemble all available data, originate
new studies and provide an assessment of the probable short- and long-term cumulative impacts of
the project. In addition, the Draft EIR shall provide an evaluation of all feasible mitigation measures,
which could be carried out to reduce or eliminate adverse impacts ofthe proposed project. The Draft
EIR, where appropriate and as directed by City staff, shall also analyze all feasible alternatives to the
project as proposed.
The Consultant shall prepare the EIR in the following format:
Table of Contents
Executive Summarv. This section provides an overview of the proposed project, and the key
conclusions set forth in the EIR regarding environmental impacts and mitigation measures. It
will summarize the background and need for the project, required discretionary actions, any
known areas of controversy, and the objectives and basic characteristics of the project. The
Executive Summary will identify and briefly discuss the environmental impacts associated with
implementation ofthe project (whether beneficial or adverse, significant or less than significant),
and will contain a summary analysis ofaltematives to the project. The Executive Summary will
also include a table identifying all of the issues evaluated, their impacts, corresponding
mitigation measures, and the level of impact significance after mitigation.
Introduction. This Section describes the purpose, scope and legislative authority of the EIR, the
intent ofCEQA and other pertinent environmental rules and regulations, and the environmental
review process. The section will also include the stmcture, required contents and relationship of
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the EIR to other potential responsible or trustee agencies. The EIR's relationship to previously
prepared documents, including the 1993 Program EIR for the Otay Ranch General Plan
Amendment (GPA)/General Development Plan (GDP)/SLlbregional Plan (SRP) and the 2005
Program EIR for the Chula Vista General Plan and Otay Ranch General Development Plan, will
be described.
Environmental Setting. This section will provide an overview of the environmental setting for
the project, including a description of physical conditions and natural resources in the project
vicinity and from a regional perspective. This section will also define the related projects and/or
growth factor assumptions used as the basis for the cumulative impact analyses.
Proiect Description. The scope of work for this section of the EIR will include the
following:
. Location and Boundaries: This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level. Supporting
graphics will be provided.
. Statement of Objectives: This subsection shall define the objectives and underlying
purpose of the project. It is assumed that these objectives will be developed jointly
between the Applicants and the City and will most likely reflect planning, environmental,
and economic goals. The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range ofproject alternatives to be evaluated within the EIR.
. Project Characteristics: This subsection shall provide an overview of the project and
describe its specific attributes. Project characteristics will be described based on the
detailed project description provided by the Applicants. This section will also state the
time frame for project construction and phasing, required discretionary actions and
approvals, agencies expected to use the EIR, and any federal, state or local environmental
review and consultation requirements related to the CEQA process.
Environmental Impact Analvsis. For each issue identified in the Initial Study, this section will
provide an analysis based on the following structure: Existing Environmental Setting,
Thresholds of Significance, Impacts, Level of Significance Prior to Mitigation, Mitigation
Measures, and Level of Significance after Mitigation. The assessment of environmental impacts
will be consistent with CEQA and the CEQA Guidelines (Section 15126). The following is an
overview of the technical approach proposed to address each environmental topic in the EIR:
Land Use: RECON will discuss the project impacts associated with proposed land use
modifications to Otay Ranch Villages 4, 7,8,9, and the University Site or portions thereof as
they relate to the adopted Chula Vista General Plan for the East Planning Area. Discussion of
the Chula Vista Multi-Species Conservation Plan (MSCP), Otay Ranch General
Development Plan (GDP) and Otay Ranch Management Plan (R1vlP) as they relate to land
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use will also be included. Land use impacts will be based upon the consistency of the
proposed project with the various planning documents. In addition, the compatibility ofthe
proposed project changes with neighboring land uses, including the Otay Landfill, will be
evaluated. This includes discussion of a proposed northerly realignment of Rock Mountain
Road/Main Street in Village 4, and changes to Heritage Road in Village 3 and La Media
Road in Village 8. The potential land use effects will be discussed for areas both within the
plan area as it relates to the future development, including the Town Center, and to regional
planning efforts for offsite areas to the south. An evaluation ofthe project in relation to SB
375 will be included. The Consultant shall:
. Describe and map existing land use and applicable plans and zoning for the site
and surrounding areas; and
. Summarize applicable local, regional, state and federal plans, policies,
regulations and guidelines; and
. Discuss land use compatibility associated with past and present site activities and
adjacent uses; and
. Define Thresholds of Significance for land use impacts; and
. Evaluate the project's consistency with applicable local, regional, state or federal
land use policies and programs; and
. Develop mitigation measures to address significant land use impacts.
Landform Alteration/Aesthetics: The SEIR will update the discussion of landform
alteration/aesthetics to address proposed changes within each of the affected Villages to
the extent that the changes represent a significant change in the nature of the visual
setting of the area and the extent to which it is compatible with neighboring uses.
Thresholds and mitigation requirements addressing scenic resources/vistas and visual
character relative to proposed changes, will be reviewed and updated for project
consistency. The Consultant shall:
. Describe relevant regulations, policies and guidelines governing views and aesthetic
considerations. As applicable, provisions of view ordinances, design guidelines, and
general plan and scenic highway plans will be summarized;
. Define Thresholds of Significance to determine impacts with respect to
aesthetics/views;
. IdentifY mitigation measures as appropriate for significant landform impacts.
Biological Resources: RECON will use biological resources analysis prepared for the 2005
General Plan Update EIR to address the proposed amendments. The GPU EIR will serve as
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the basis for the analysis. Consultant shall summarize the previous impacts to biological
resources and mitigation measures contained in both the City's General Plan Update (GPU)
Program EIR and Otay Ranch General Development Plan (Otay Ranch GDP) Program EIR
as they relate to the proposed project. Using data extrapolated from the current SANGIS
database (or another acceptable source to the City), Consultant will then update the previous
baseline vegetation conditions and evaluate the proposed project impacts against the previous
environmental determinations in light of the Chula Vista Multiple Species Conservation
Program (MSCP) Subarea Plan and other existing sources of information on biological
resources within the General Plan and Otay Ranch GDP amendment areas.
Traffic, Circulation and Access: This section of the EIR shall summarize the results of the
final Traffic Impact Analysis prepared by LLG, as described in Section 5 above. The fInal
Traffic Impact Analysis will be included as an appendix to the EIR.
Noise: This section of the EIR shall summarize the results of the final Noise Impact
Assessment prepared by the Consultant, as described in Section 5 above. The final Noise
Impact Assessment will be included as an appendix to the EIR.
Air Quality: This section of the EIR shall summarize the results of the Air Quality Impact
Analysis prepared by the Consultant, as described in Section 5 above, The final Air Quality
Report will be included as an appendix to the EIR.
Public Services and Utilities: This section of the EIR shall evaluate potential impacts on
public services and utilities. The Consultant shall consult with local service providers as
well as summarize the findings of other relevant approved planning documents and master
plans including, but not limited to, analyses from the 1993 Program EIR (90-01) for the Otay
Ranch GDP/SRP and the 2005 Program EIR for the General Plan Update, in order to
adequately define applicable thresholds of significance, evaluate the potential for impacts,
and identify feasible mitigation to fire protection (including EMS), police services, library
services, schools, recreational resources (parks, recreation and open space), water, sewer,
solid waste disposal, energy (gas and electricity), and telephone and cable services.
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Water Supply: RECON will update the Water Technical Report prepared by the City
of Chula Vista Planning and Building Department (April 2005) to reflect proposed
changes to the General Plan and the General Development Plan. This will include
contacting the Otay Water District and summarizing changes to their existing
facilities and their ability to provide water to the area that have occurred since the
completion ofthe report as they pertain to the proposed GP A area. The analysis will
include a projection of the current demand for water, and the project demands under
the adopted General Plan and the proposed amendments to the plan. The results of
the analysis will be included in the SEIR. The discussion will evaluate whether the
proposed GP A will require or result in the construction of new water treatment
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facilities or expansion of existing facilities, the construction of which could cause
significant environmental effects, whether new or expanded supplies would be
required to meet proj ected needs, and if the GP A would being inconsistent with the
Urban Water Management Plan prepared by the San Diego County Water Authority.
RECON will coordinate with Otay Water District in their preparation of a Water
Supply Assessment for the incremental increase in water demand over that
analyzed in the General Plan.
Wastewater: Based on the technical study prepared by PBS&J to address the Salt
Creek Trunk Sewer analysis, RECON will identify the impacts on the existing and
master-planned sanitary sewer system and recommend proposed upgrades.
Housing and Population: It is assumed that the Housing Element of the General Plan will not
be amended as part of the proposed GP/GDP amendment. The discussion of housing and
population issues will focus on the three thresholds provided in the GPU EIR. These include
(I) population growth, which is primarily a "growth inducing impact", (2) displacement of
existing housing and (3) displacement of people. Proposed land use changes would alter the
planned number of acres and distribution ofresidential, industrial, commercial, recreation
and open space land within the affected Otay Ranch Villages as compared to the adopted
plan. Impacts resulting from the adopted plan were found to be significant and unmitigable.
The proposed project is expected to result in a substantial increase in the number of
residential units within the Otay Ranch area as compared to the adopted plan.
Cumulative Impacts: The cumulative impact analysis will be based on the ".. . summary of
projections contained in an adopted general plan..." approach established by Section 15130
(b) (1) (B) ofthe State EIR Guidelines. For each issue, the cumulative effect ofthe proposed
GP/GDP amendment will be evaluated based on the GPU EIR. In addition, RECON will
discuss the Otay Mesa Community Plan update that is currently underway in the City of San
Diego. The extent to which the cumulative effects ofthat planning project will be addressed
depends upon the availability of information at the time the analysis is complete. It is
anticipated that the County of the San Diego's General Plan update will not be available in
time for this analysis. As such, RECON will use the existing County General PlanlSANDAG
RCP for the cumulative discussion.
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Growth Inducement: The SEIR will address growth-inducing effects. This section will
"discuss ways in which the proposed project could foster economic or population growth, or
the construction of additional housing, either directly or indirectly, in the surrounding
environment. Included are projects which would remove obstacles to population growth (for
example, a major expansion of a waste water treatment plant might allow for more
construction in service areas). Increases in the population might tax existing community
services facilities, requiring construction of new facilities that could cause significant
environmental effects."
Effects Found Not To Be Significant: In accordance with the CEQA Guidelines, the SEIR
will include a brief discussion of the statement of effects found not to be significant and,
therefore, not discussed in detail in the SEIR.
Significant Irreversible Environmental Changes: This section of the SEIR will discuss the
significant unavoidable impacts, if any, ofthe proposed project, including those that can be
mitigated but not reduced to below a level of significance. This section will also describe the
potentially significant irreversible changes that may be expected with development of the
project and addresses the use of nonrenewable resources during its construction and
operational life.
Alternatives: A reasonable range of alternatives will be included in the document. There will
be a no-project alternative consistent with CEQA requirements. A minimum of two other
land use alternatives will be included. RECON will work with the City to help define these
alternatives with the recognition that they will have to have the potential to reduce one or
more identified environmental impacts, consistent with CEQA requirements.
Draft SEIR Processing and Document Revisions
The Consultant shall prepare three (3) screen check draft EIRs prior to preparation of the public
review version ofthe Draft EIR. The second, third and public review copies of the Draft EIR will
incorporate comments received on prior versions of the reports. The Consultant shall prepare the
Notice of Availability for public review distribution. Preparation ofthe revised Draft SEIR will
involve the following.
. Attend up to 24 hours of meetings with City staff to address issues associated with the
Draft SEIR.
. Review comments on first submittal.
. Prepare revisions to the project description, issues of analyses.
. Prepare revisions to the cumulative impact analyses.
. Prepare revisions to the analysis of alternatives.
. Revise the draft Mitigation Monitoring and Reporting Program.
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Final EIR Preparation and Content
Upon completion of agency and public review, the Consultant will prepare written responses to all
letters of comment received. All comments received in response to the EIR will be. discussed with
the City staff, and an approach to the responses will be subject to City approval prior to preparation
of the draft responses. Draft responses to comments will be submitted to City staff for review. LLG
will assist in the preparation of responses to public comments on the traffic study. PBS&J will assist
in the preparation of responses to public comments on the sewer study. The Consultant will then
revise responses in accordance with City directions and will prepare an administrative Final EIR.
The Consultant will draft candidate Findings and a Statement of Overriding Considerations, if City
determines this to be necessary, for consideration by the decision-maker in certifYing the EIR. The
Findings will include all measures which would be implemented to mitigate potentially significant
impacts; a statement, as appropriate, that the project mitigation may be the responsibility of another
agency; and an evaluation of project alternatives and why each was found to be infeasible. A major
portion ofthe Findings will be compiled using information contained in the EIR. The Statement of
Overriding Considerations will present the social, economic or other reasons why the project should
be approved even though significant environmental impacts may result (i.e., why the project's
benefits override the environmental issues). These will be presented in draft form to the City, revised
as City determines to be necessary, and printed to accompany the Final EIR for review and
consideration by the City of ChuIa Vista, Plarming Commission, and ultimate adoption by the City
Council.
RECON will prepare a supplemental Final EIR that will include the EIR text with necessary
revisions requested by City staff or as a result of the public review process, letters of comment and
responses, the Findings and Statement of Overriding Considerations (if applicable), appendices, and
the Mitigation Monitoring and Reporting Program. Following review and approval of the responses
to letters of comment and any changes to the text of the document, the Consultant will prepare a draft
Final EIR for review by City staff. The Consultant will also prepare the Notice of Determination and
California Department ofFish and Game Fee Certification.
Preparation of the administrative Final SEIR will involve the following tasks:
. Attend up to 32 hours of meetings with City staff to address issues associated with the
Final SEIR.
. Prepare responses to comments received during public review. This task is based on an
estimate of25 comment letters or 150 individual comments. Should additional comments
be received or additional technical analysis is required to respond to those comments that
will be completed as an additional effort to this authorization.
. Based on the review by the City, RECON will revise the responses to comments and
produce the Final SEIR.
. Prepare CEQA draft Findings and Statement of Overriding Considerations. Information needed to
support the Findings/Statement of Overriding considers will be provided by the City.
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. Based on the review by the City, RECON will revise the response to comments and
produce the Final SEIR.
. Prepare a final Mitigation Monitoring and Reporting Program.
. Coordinate with applicant's SPA EIR consultant as necessary.
llleetinf!s and Hearinf!s
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. The Consultant's project manager will meet
with City staff as requested to discuss the EIR progress and issues as they arise. The meeting hours
noted above include RECON's attendance at the following meetings and hearings.
. One (1) project initiation meeting
. One (1) project workshop
. One (1) scoping meeting
. One (1) Planning Commission public hearing to close public review of the DEIR;
. One (I) Planning Commission hearing on the FEIR and related environmental documents;
and
. One (1) City Council Hearing on the FEIR and related environmental documents.
In addition, upon request ofthe City, LLG shall be available to attend project status meetings, project
briefings, and City Council meetings, and shall be responsible for assisting with the preparation of
materials for those meetings. LLG will be responsible for attending the following meetings:
. One (1) project initiation meeting with the City, Applicants(s), and others determined by City
staff;
. One (I) project workshop;
. One (I) scoping meeting;
. Two (2) coordination meetings with the City,
. One (1) Planning Commission public hearing to close public review of the DEIR;
. One (I) Planning Commission hearing on FEIR; and
. One (I) City Council meeting on FEIR
Deliverables
Screen check Initial Study and Notice of Preparation
. Five (5) copies of the Screen check Initial Study and Notice of Preparation will be provided
to the City. The Screen check Initial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000.
. Following receipt of comments on the First Screen check Initial Study and Notice of
Preparation, five (5) copies of the Final Initial Study and Notice of Preparation will be
provided to the City. The Final Initial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000.
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Technical Studies
The Consultant shall provide the following technical studies to the satisfaction of the City's
Environmental Review Coordinator:
. Traffic Impact Analysis - five (5) copies
. Air Quality Assessment- five (5) copies
. Global Climate Change Assessment - five (copies)
. Noise Assessment- five (5) copies
. Sewer Study - five (5) copies
Screen check Draft EIR
. Twenty-five (25) total copies of the First Screen check Draft EIR and ten (10) copies of
Technical Appendices, in three-ring binders will be provided to the City. The First Screen
check Draft EIR shall be prepared in Microsoft Word 2000 and shall be printed at 1.5
spacing. Appendices shall be single-spaced.
. Following receipt of comments on the First Screen check Draft EIR by City staff, Consultant
will make the required revisions and provide twenty (20) total copies of the Second Screen
check Draft EIR and ten (10) copies of Technical Appendices in three-ring binders. The
Second Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at 1.5 spacing. Appendices shall be single-spaced.
. Following receipt of comments on the Second Screen check Draft EIR by City staff,
Consultant will make the required revisions and provide five (5) total copies of the Third
Screen check Draft EIR, first draft MMRP and Technical Appendices in three-ring binders.
The Third Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at single spacing. Appendices shall be single-spaced.
Public Review Draft EIR
. Following City staff review of the Third Screen check EIR, Consultant will make the
required revisions and prepare the document for public review. Thirty (30) total copies of the
Draft EIR, MMRP and ten (10) Appendices, including twenty (20) copies ofthe documents
in three-ring binders and one-hundred (100) copies of the document on Compact Disk (CD)
will be provided to the City. CDs submitted to the City shall be accompanied by 20 hard
copies of the Executive Summary with a pouch to hold the CDs. RECON will prepare the
Notice of Completion for the City, and the City will handle the public review distribution.
. Consultant shall prepare Draft Candidate CEQA Findings of Fact and, if necessary, a
Statement of Overriding Considerations for review by City of Chula Vista staff and legal
counsel after distribution ofthe Draft EIR for public review. Consultant shall submit five (5)
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copies of the draft Candidate Findings of Fact and Statement of Overriding Considerations
with the draft responses to comments.
Final EIR
. Following the close of public review, Consultant shall meet with City staff to discuss
comments received. Following consultation with City staff, Consultant shall provide draft
responses to comments received during public review.
. Consultant shall prepare a Screen check Final EIR. The Screen check Final EIR will include
corrections and additions to the DEIR and technical reports, if appropriate; a draft Mitigation
Monitoring and Reporting Program (MMRP); a list of persons, organizations, and public
agencies commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony. Consultant shall submit five (5) copies ofSFEIR to
the City for review by City of Chula Vista staff.
. Upon City staff's approval of the SFEIR, Candidate CEQA Findings of Fact and, if
necessary, Statement of Overriding Considerations, Consultant will prepare a Final EIR,
MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). Consultant will provide thirty total (30) copies including ten
(10) in three-ring binders, and ten (10) copies on CD ofthe Final EIR, MMRP, Appendices,
and Candidate CEQA Findings of Fact and Statement of Overriding Considerations (if
applicable).
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliver abIes (Screen check technical reports assume two
sets of revisions to address City comments. Final technical reports shall adequately address all
City comments, sununarize existing and future conditions analyses, and provide appropriate text,
tables, and graphics for use in the EIR document):
. Provide Screen check Notice of Preparation August 24, 2009
. Final Notice of Preparation: Two (2) days after receipt of City comments on
Screen check Initial Study and Notice of Preparation.
. Final Traffic Impact Assessment - December 9, 2009.
. Final Air Quality Report and GHG Report - December 9, 2009
. Final Noise Impact Assessment - December 9, 2009.
. First Screen check Draft EIR, MMRP and Technical Appendices - November
23,2009
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. Second Screen check Draft EIR, MMRP and Technical Appendices - January
8,2010.
. Third Screen check Draft EIR, MMRP and Technical Appendices - February
19,2010.
. Public Review Draft EIR, MMRP and Technical Appendices - March 12,
2010.
. First Draft Findings and Statement of Overriding Considerations, if
applicable - April 13, 2010.
. First Draft Responses to Comments received during public review - May 12,
2010.
. SCFEIR including corrections and additions to the DEIR; final technical
reports; MMRP; a list of persons, organizations, and public agencies
commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony - June 16,2010.
. Final EIR for public hearing including final responses to comments, Findings
and Statement of Overriding Consideration - One (1) week after receipt of
City comments on Screen check Final EIR.
Dates for completion of all Consultant services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's Director of
Planning and Building, whichever is later.
7. Documents to be provided by Applicants to Consultant:
(x) site plans () grading plans 0 architectural elevations (x) proj ect description 0 biological
technical reports addressing on- and off-site resources 0 water / sewer studies 0 geotechnical
reports addressing on- and off-site resources 0 wat.er quality technical report addressing on-
and off-site resources.
(x ) other: General Plan and General Development Plan Amendment text and graphics
needed from both applicants.
8. Contract Administrators.
City:
Stephen Power AlCP
Principal Planner
Public Services Building 200
276 Fourth Avenue
Chula Vista, CA 92010
Tel: (619) 409-5864
7124109
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Applicant:
Otay Land Company LLC
1903 Wright Place, Suite 220
Carlsbad, CA 92008
(760) 918-8200
Consultant:
RECON
1927 Fifth Avenue
San Diego, CA 92101-2358
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
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( X) Not Applicable. Not an FPPC Filer.
( X) Not Applicable. Not an FPPC Filer.
( )
Category No. 1.
( )
Category No.2.
( )
Category No.3.
( )
Category NO.4.
( )
Category No.5.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority
of the department.
Investments in business entities and sources of income which
engage in land development, construction or the
acquisition or sale of real property.
Investments in business entities and sources of income of the .
type which, within the past two years, have contracted
with the City ofChula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
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( )
Category No.6.
Investments in business entities and sources of income ofthe
type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( )
Category No. 7.
Business positions.
10. Insurance Requirements:
(x) Commercial General Liability: $1,000,000.
(x) Automobile Liability: $1,000,000.
(x) Worker's Compensation: Statutory
(x) Employer's Liability: $1,000,000.
(x) Errors and Omissions Liability: $2,000,000.
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Exhibit B
Additional Recitals
2.7. Applications for a General Plan Amendment and General Development Plan Amendment were
submitted to the City ofChuia Vista on March 3,2009; and
2.8. The preparation of an EIR is accordance with the provisions of the California Environmental
Quality Act (CEQA) is a necessary component of the General Pian, and General Development process; and
2.9. RECON has acquired an in-depth knowledge ofChuia Vista General Plan-related environmental
issues through their preparation of the 2005 General Plan Update EIR and associated baseline studies; and
2.10. RECON's comprehensive familiarity with the Chula Vista General Plan and General Plan study
area, coupled with the knowledge gained through their preparation of the General Plan Update EIR and
associated baseline/technical studies, makes RECON uniquely qualified to serve as the Consultant for this
proj ect; and
2.11 The 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 timeframes
herein provided all in accordance with the terms and conditions of this Agreement, and that time is of the
essence; and
2.12. The Environmental Review Coordinator has negotiated the details of this agreement in
accordance with the Environmental Review Procedures set forth in the Emironmental Review Procedures and
in Section 2.56 of the Chula Vista Municipal Code;
2.13. The Applicant has deposited or will deposit funds for the consulting services necessary for the
preparation of the environmental documents;
2.14. The proposed contract with RECON to provide consultant services would be in an amount not to
exceed $388,400 with an additional $97,100 for additional services should they be necessary.
(End of Recitals)
7/24/09
Three-Party Agreement
Page 35
10-38
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( X) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicants shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(x) Single Fixed Fee Ainount: $388,400
Milestone or Event Amount or Percent
of Fixed Fee
1. Signing 0 f this agreement by all parties and upon the $58,260 (15%)
request ofthe Consultant.
2. Submittal of First Screen check Environmental $135,940 (35%)
Document*
3. Submittal of Second Screen check Environmental $38,840 (10%)
Document**
4. Commencement of Public Review $58,260 (15%)
5. Completion of Final Environmental Document $58,260 (15%)
6. Completion of All Remaining Tasks as outlined in $38,840 (10%)
Exhibit "A" to this Agreement (retention)
Subtotal $388,400
7. 25% Contingency Fee*** (for additional work if
requested by the applicant, and agreed to by the City, $97,100
pursuant to Section 3.2.1)
Total Fixed Fee Amount $388,400
*
For purposes of payment, the first screen check shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screen check document has been submitted.
**
For purposes of payment the second screen check shall completely address all comments identified
in the first screen check to the satisfaction of the Environmental Review Coordinator. Payment
shall not be made until the City's Environmental Review Coordinator determines that a complete
second screen check document has been submitted.
7/24/09
Three-Party Agreement
Page 36
10-39
***
Pursuant to Section 3.2.2 ofthis Agreement, the Environmental Review Coordinator in their sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant under this Agreement in order to cover
unforeseen issues that may be identified during the preparation of the environmental document
{"Additional Services"). The cost of Additional Services in connection with the environmental
document shall not exceed 25% of the total contract amount ($388,400).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth herein below ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicants shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase'
Said Phase
( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicants shall pay Consultant for the productive hours oftime and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth herein below according to the
following terms and conditions:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for $
including all Materials, and other "reimburseables" ("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the
City Council. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
7/24/09
Three-Party Agreement
Page 37
10-40
Rate Schedule
Category of Employee Emvlovee Name Hourly Rate
Principal Charly Bull $178.00
Principal, Senior Project Manager Bobbi Herdes $178.00
Principal, Air QualityfNoise Dave Gottfredson $178.00
Senior Planner Donna Steel $146.00
Senior Planner Lori Spar $146.00
Senior Biologist Gerry Scheid $146.00
Senior Biologist Wendy Loeffler $146.00
Archaeologist, Associate Jackson Underwood $119.00
Archaeologist, Analyst Harry Price $99.00
Associate Environmental Planner Karen Bowling $119.00
Associate Environmental Planner Lisa Lind $119.00
Environmental Analyst Lance Unverzagt $99.00
Environmental Analyst Matt Joseph $99.00
Assistant, Air QualityfNoise Jesse Fleming $84.00
Assistant Biologist Beth Proscal $84.00
Assistant Biologist Anna Bennett $84.00
Research Assistant Daniela Fromer $73.00
Research Assistant Colin Water $73.00
GIS Specialist Sean Bohac $78.00
Graphic Designer Vince Martinez $78.00
Production Specialist II Linda Evans $59.00
Production Specialist I Gre2: Kazmer $52.00
The assignment and time allotment of principals working on the EIR shall be as follows:
Attend meetings and hearings Attend meetings and hearings
Provide technical support for
air, noise and global climate
change issues
Provide technical oversi ht and direction
127 hours 255 hours
66 hours
*Other individuals from the Consultant firm may be substituted in place ofthe names listed solely at
the discretion of the City's Environmental Review Coordinator.
( ) Hourly rates may increase by 6% for services rendered after
7/24/09
Three-Party Agreement
Page 38
10-41
Materials Separately Paid For by Applicant ~
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone Charges
(X) Other -SANDAG Model Run Fees
Cost or Rate
NA
NA
NA
NA
NA
NA
NA
Deposit
(X) Deposit Amount: $58,260. The remaining contract balance of$330,140 shall be deposited
incrementally in accordance with milestone payments noted in Exhibit "C" and as follows:
$135,940 paid to the City 30 days prior to tbe completion of Milestone No.2; $38,840 paid
to the City 30 days prior to completion of Milestone No.3; $58,260 paid to the City 30 days
prior to the completion of Milestone No.4; $58,260 paid to the City 30 days prior to the
completion of Milestone No.5; $38,840 paid to the City 30 days prior to the completion of
Milestone No.6. Applicant further agrees to deposit within 10 days a sum estimated to be up
to $97,100 (contingency fee) for additional services if such services are requested pursuant to
Section 3.2.1 or Section 3.2.2.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, ifthis paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for whicb Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
() Use of Deposit as Security Only; Applicants to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
(X) Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
Three-Party Agreement
Page 39
7/24/09
10-42
( ) Monthly
( ) Quarter! y
(X) Other: Milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First ofthe Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Milestone
C. City's Account Number: To be assigned after agreement is processed.
D. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. Ifthis space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction ofthe
Environmental Review Coordinator.
( ) Monthly
( ) Quarterly
(X) Other: In accordance with the_milestones provided herein.
B.
Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) End ofthe Month
(X) Other: Upon completion of the milestones identified herein.
Three-Party Agreement
Page 40
7/24/09
10-43
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LEGEND
1.:..;..'::1 SUB.ECTPROpmTY
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DES/GNA TED
NOTES
r. All BEARINGS SHo.fiN ARE pm R.0.s.
155G-I. REco.RDED J/9/2000, AS fiLE
NO.. 2000-120683. IN THE COUNTY Of'
SAN DIEGO. STA TE OF CAliFo.RNlA.
VICINITY MAP
AREA TOTALS
NOT TO SCALE
OLC PARCEL 'S-
OLC PARCEL 'C'
TOTAL
DESCRIPTION EXCEPTIONS
DLC PARCEL -S'ITEMS,'
roTAL FEE ARb! ~ 278.72 ACRESX
TOTAL FEE AREA ~ 373.00 ACREScf
551.72ACREScf
1 SAN DIEGD'-OTA Y PIPEliNE: RIGHT OF WA Y. AS SHOiiN IN DEED SOOK 51J7. PA GE 4$3. RECORDED 7/14/15123 &: DEED
SOOK 5518, PAGE 54. RE:CDROEDU/20/15IIZ
. 2 SOUTH SAN DIEGO RESERVOIR. PORTlOll OF LOT 28 &- 27 GRANTED ro THE CITY OF SAN DIEGO IN DEED RECORDED
8/2::;/1972 UNDE:R fiLE/l'AGE NO. 2222672. OFFICIAL RECORDs..
J SAN DIEGD'-CQRo.NADO PIPELINE RIGHT OF WA Y, AS SHOiiN IN DEED Bo.OK 570. PAGE: 113. RECORDED 5/2-1/1912.
4' PARCEL J IN AMENDED Co.MPLAINT IN CONo.EMNAlIo.N CIVIL NO. 79-09o.7-N, RECORDED IN THE OFFICE OF lifE
COUNTY RECORDER CF SAN DIEGO COUNTY. JANUARY 15. 1980. AS DOCUMENT NO. 80-/J7851
OLC PARCEL 'C-ITEMS
5 PORno.N o.F LOT 17. Co.NVEYED TO. THE SOUllltJ/N CAliFo.RNlA MOUNTAIN WA7m COMPANY, BY DEED DATED APRIL
11, 1912, AND RECORDE:D JUNE 24. 1912 IN BOOK 570. PACE 113 OF DEEDS. OFF1C1AL RECDRDS,
6' ?ARCEL 320.18-1, A Po.R7Io.NoFLOTS 17& 18 OF OTA YRANCHo.lN THEClTYo.FCHULA vrSTA, COUNTY OF SAN
DIEGO. GRANTED TO. lifE STA iE OF CAliFORNIA IN DEED RECORDED 9/1/2005 UNDER DOG. NO. 2005-0/59298.
7 POR170N OF LOT 16 CON,F'rW TO llIE Co.UNT'( OF SAN DIEGO IN DEED RECORDED 2/28/2006 AS DOC. NO.
2006-0139662.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
W AWING THE FOR.1\I!AL BIDDING PROCESS At'ID APPROVING A THREE-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, RECON
(CONSULTANT), AND OTAY LAND COMPANY LLC (APPLICANT), FOR
CONSULTING SERVICES RELATED TO THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (ErR) FOR THE UNNERSITY
VILLAGES GENERAL PLAN AMENDMENT, AND OTA Y RANCH
GENERAL DEVELOPMENT PLAN AMENDMENT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Applicant has deposited or will deposit an initial SlUU for the consulting
services necessary for the preparation of the Environmental Impact Report for the University
Villages Project; and
WHEREAS, it was determined by the Director of Planning and Building that staff has
neither the available time or expertise to perform the subject work; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed project requires the preparation of an EIR;
and
WHEREAS, RECON has acquired a unique in-depth knowledge of Chula Vista General
Plan-related environmental issues through their preparation of the 2005 General Plan Update EIR
and associated baseline studies; and
'WHEREAS, RECON's comprehensive familiarity with the Chula Vista General Plan and
General Plan study area, coupled with the knowledge gained through their preparation of the
General Plan Update EIR and associated baseline studies, makes RECON uniquely qualified to
serve as the Consultant for this project; and
WHEREAS, the City Council finds that the City's competitive bidding requirements as
applied to this contract would be impractical for the reasons stated herein and hereby waives the
competitive bidding process; and
WHEREAS, the consultant warrants and represents that they are experienced and staffed in
a manner such that they can prepare and deliver the services required of Consultant to City within
the timeframes provided all in accordance with the terms and conditions of the agreement; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of the
agreement in accordance with applicable procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
10-47
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve a Three-Party Agreement between the City of Chula Vista, RECON and Otay
Land Company LLC, for consulting services related to the preparation of an Environmental Impact
Report (EIR) for the University Villages General Plan Amendment and Otay Ranch General
Development Plan Amendment.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized and directed to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Gary Halbert Deputy City Manager/
Development Services Director
B
~t1.
10-48
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORNI BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: "7 ~ 2- f' - (:/ f
THREE PARTY AGREEMENT BETWEEN
CITY OF CHULA VISTA AND
RECON CONSULTANT AND
OTAYLAND COMPAL'NLLC (APPLICANT)
FOR CONSULTING WORK TO BE RENDERED
WITH REGARD TO APPLICANT'S PROJECT
10-49
Three-Party Agreement Between
City of Chula Vista,
RECON Consultant, and
Otay Land Company LLC (Applicant),
For Consulting Work to be Rendered with Regard to Applicant's Project
I Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, betWeen the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultan!", RECON whose business form and address are indicated
on the attached Exhibit A, and the persons collectively designated on the attached Exhibit A as
"Applicant", whose business form and address are indicated on the attached Exhibit A, and is made
with reference to the following facts:
2. Warranties and Reoresentations.
2. I.. Applicant warrants that Applicant is the owner ofland ("Property") co=only known
as, or generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement
to develop said Property..
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2 3. In order for the City to process the Application of Applicant, Work of the general narme
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2 5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of; the City.
26 The Applicant and City have entered into a University Villages/Otay Ranch Project
Staffing and Processing Agreement on June 23, 2009, ("Processing Agr'eement") for the retention of
professional staff by the City for processing the Entitlements for the Property Notwithstanding
however, Applicant acknowledges and agrees that the provisions of this Agr'eement with respect to
the payment onhe Consultant shall supersede any provisions onhe Processing Agreement pertaining
to the payment of services for professional staff.
7/24/09
Three-Party Agreement
Page I
10-50
2.7. On April 15, 2008, the City and Applicant entered into a Land Offer Agreement ("LOA")
which sets forth the terms and conditions for Applicant's conveyance and the City's acceptance of
certain real property described within the LOA
2 8 Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B.
3 Agreement
NOW, THEREFORE, II IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS;
3.1 Employment of Consultant bv Applicants
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to peJform to, and for the primary benefit of; City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "GeneJ.al Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragr.aph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said GeneI1I1 Services and Detailed Scope of Work, and shall
deliver such documents required ("DeliveI1Ibles") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and ifnone are set forth, within a reasonable
period oftime for the diligent execution of Consultant's duties hereunder. Consultant understands
and agr.ees that time is of the essence for this Agreement
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members ofthe profession currently practicing under similar conditions arrd in similar locations, at
its own cost and expense except for the compensation and/oneimbursement, ifany, herein promised,
arrd shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other mearrs whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant
7/24/09
Three-Party Agreement
Page 2
10-51
32. Compensation of Consultant
Applicant shall compensate Consultant for all services rendered by Consultant withoUl regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the goveming compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 30 days of 12onsultant's
billing, or in accordance with the secUlity deposit provisions of Paragraph 3 3 ofthisAgreement and
Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, pay said
amount to the Consultant in accordance with the Bill Processing provisions in Exhibit C, if checked
City is merely acting in the capacity as a conduit for payment, and shall not be liable for the
. compensation unless it receives same from Applicant. Applicants shall not make any payments of
compensation or otherwise directly to the Consultant
3..2.1. Additional Work Ifthe Applicant, with the conCUlTence of City, determine
that additional services ("Additional Services") ar'e needed from Consultant of the type Consultant
is qualified to render or reasonably related to the Services Consultant is otherwise required to
provide by this Agreement, the Consultant agrees to provide such additional services on a time and
materials basis paid for by Applicant at the rates set fOlth in Exhibit C, unless a separate fixed fee is
otherwise agreed upon in writing for said Additional Work between the parties.
3.22. In the event that the City shall determine that additional work is required to be
performed above and beyond the scope of work herein provided, City will consult with Applicant
regarding the additional WOlk, and if thereupon the Applicant fails onefuses to arrange and pay for
said Additional Services, the City may, at its option, suspend any further processing of Applicant's
Application at which time the force majeure provisions of the LOA shall be applied until the
Applicant deposits the City's estimate of the costs of the additional worK which the City determines
is or may be required. Applicant shall pay any and all additional costs for the additional work
1.2.3. Reductions in Scope of Work. City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed by the Consultant under this
Agreement. Upon doing so, City and Consultant agr'ee to meet in good faith and confer for the
purpose of negotiating a corTespondingreduction in the compensation associated with said reduction
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount oftime
and materials budgeted by Consultant for the Services deleted.
3.3. Securitv for Payment of Compensation bv Applicant..
33..1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as herein below set forth:
3 3 I I Other Terms of Deposit T lUst.
7/24/09
Three.Party Agreement
Page 3
10-52
3.3 1 1.1. City shall also be entitled to retain from said Deposit all
costs incuned oy City for which it is entitled to compensation by law or under the terIDS of this
agreement
3 J LI2 All interest eamed on the Deposit Amount, if any, shall
accrue to the benefit of; and be used for, I lUst purposes. City may, in lieu of deposit into a separate
bank: account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distnbute to the Deposit Trust, the average interest earned
during the period on its general fund
3 J.I 1.3 Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized..
3 J.I 1.5 At such time as City shall reasonably determine that
inadequate funds remain on Deposit to seCUle future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit
3.3 2. Withholding of Processing In addition to use of the Deposit as secwity, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant and in such event the force majeure provisions of the LOA shall
apply.
4 Non-Service Related Duties of Consultant.
4..1 Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, ar'e protected against the risk ofloss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have aBest's Rating of "A, Class V" or better, or shall
meet with the approval of the City:
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4.1 1. Statutory WOlker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set fOlth in the attached Exhibit A, Paragraph 10.
41.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragr.aph 10, combined single limit applied
separately to each proj ect away from premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primaIyto any policy which the City may otherwise
carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the SaIne
manner as members of the general public ("Cross-liability Coverage")..
4 1.3 _ Enol'S and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Eners and Omissions coverage is included in the General Liability policy.
42.. Proof of Insurance Coverage.
42 1. Certificates of Insurance Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agr.eement, by delivery
of Certificates of Insurance demonstrating SaIne, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insmed
4.2 2 Policy Endorsements Required. In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insmance Policy, Consultant shall deliver a policy endorsement to the City and
Applicant demonstrating same..
43 Public Statements_
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant The Consultant shall not publish or release news items, aItic1es or present lectmes
on the Project, either dming the course of the study or after its comp letion, except on written
conClUrence ofthe City and Applicant
4.4. Communication to Applicant
Consultant shall not communicate dir.ectlyto the Applicant except in the presence ofthe City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City The Consultant may request such meetings with the Applicant to ensure the
adequacy of services perfoimed by Consultant
5. Non-Compensation Duties onhe Applicant
5 I Documents Access.
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The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2 Propertv Access
The Applicant hereby gr.ants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to. the approval of the Applicant which shall not be
unreasonably denied. Consultant shall promptly repair any damage to the subj ectproperty occasioned
by such entry and shall indemify, defend, and hold the City and Applicant, and their agents, and
employees harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with
or arising from any such entry and access. Failure to allow Consultant timely access or entry to the
Property which is needed in order for Consultant to proceed with performance under this Agr.eement
shall trigger the force majeure provisions of the LOA.
5 J. Co~unication to Consultant
Applicant shall not communicate directly to the Consultant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City The Applicant may request such meetings as they desire with the Consultant to
ensure the adequacy of services performed by Consultant.
6. Administrati ve Representatives.
Each party desigrrates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agr.eement
7. Conflicts of Interest.
7.1 Consultant is Designated as an FPPC Filer
If Consultant is desigrrated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political RefOIm Act conflict of interest and
disclosure provisions, and shall repOIt his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragr.aph 9 of
Exhibit A, or ifnone are specified, then as determined by the City Attorney
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72. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement
73 Sear.ch 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 Consult ant'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 wmchwould conflict with Consultant's duties under this Agreement.
7..4.. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant fiuther warrants
and represents that Consultant will not acquire, obtain, or assmne an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act
,
7.5 Duty to Advice of Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant fiutherwarrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant's which may result ina conflict of interest for the purpose of
the Fair Political Practices Act, and regulations promulgated thereunder
76 Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest")
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicants or by any other party as a result of Consultant's per formance of
this Agreement. Consultant promises to advise City of any such promise that may be made during
the Term ofthis Agreement, or for 12 months thereafter.
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Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
",ithin the T etm of this Agreement, or for 12 months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for any
third party which may be in conflict with Consultant's responsibilities under this Agr'eement.
8, Default of the Consultant for Breach,
This agreement may be terminated by the City for default if the Consultant breaches this
agr'eement or ifthe Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time, Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9, City's Right to Terminate Payment for Convenience, Documents,
9,1 Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be per formed pmsuant to
this agreement.
9,2, In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value ofthe services actually
performed by the Cons'llltant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution ofthis agr'eement and prior
to its termination,
9,3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination
94 In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other matetials and documents prepar ed by the Consultant in performance of this agr'eement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9 S, Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work,
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10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out oftms agIeement, against the City, unless a claim has
first been presented in WIiting and. filed with the City ofChula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 134 ofthe Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as ifset fully set forth herein.
11. Hold Harmless and Indemnification.
111. Consultant to IndemnifY City reo Inimies.
Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of or alleged by third parties to be the result
of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and
Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is
legally responsible in connection with the execution ofthe work covered by this AgI.eement, except
only for those claims, damages, liability, costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct of the City, its officers, or
employees.. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive .negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third party
With respect to losses arising from Consultant's professional errors and omlSSlOns,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys fees) except those claims arising from the negligence or
willful misconduct of City, it officeni or employees.
Consultant's indemnification shall include any and all costs, expenses, attomeys' fees and
liability incun.ed by the City, its officers, agents, or employees in defending against such claims,
whether the same proceed tojudgment or not Consultant's obligations underthis Section shall not
be limited by any prior OI subsequent declaration by the Consultant. Consultant's obligations lmder
this Section shall SUIvive the termination of this Agreement
112. Applicant to Indemnifv Citv reo Compensation of Consultant.
Applicant agIees to defend, indemnifY and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives ofthe City ("City Indemnitees"), in any way resulting from or
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,
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12, Business Licenses,
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5, Applicant further agrees to requu'e Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5,
13, Miscellaneous
13 I Consultant not authorized to Represent City,
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2 Notices,
All notices, demands or requests provided for or permitted to be given pmsuant 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 ifpersonally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with retUl'n receipt requested,
at the addresses identified for the parties in Exhibit A
133 Entitlement to Subsequent Notices,
No notice to or demand on the parties for notice of an event not herein legallyrequu'ed to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances,
13.4, Entire Agreement
Tbis Agr'eement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and under'standing between the parties relating to the subject
matter hereof Neither this Agr'eement nor any pIOvision hereofmay 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.
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13 5 Capacity of Parties
Each signatory. and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6 . Goveming LawN enue.
This Agreement shall be govemed 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 Agr.eement and performance hereunder,
shall be the City of Chula Vista
13 .7. Modification
No modification or waiver of any provision of this Agr.e=ent shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given
138. Counterparts
lhis Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument
139 Severability
In the event that any provision of this Agr.eement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13 10 Headings
The captions and headings in this Agreement are for convenience only and shall not define or
limit the pIOvisions hereof '
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13 11 Waiver
No COill~e of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained The making or the acceptance ofa payment by either party with knowledge of the
existence of a breach shaH not operate or be construed to operate as a waiver of any such breach
13 12 Remedies
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13 13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an effect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement
Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant
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SignatUJe Page To
the agreement Between
City of Chula Vista,
RECON Consultant, and
. Otay land Company lie,
for Consulting Work to be Rendered with regard to Applicant's Project
. (page 1 of 2)
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
ofthis agreement, do hereby express their consent to the te:ms hereofby setting their hand hereto on
the date set forth adjacent thereto..
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Donna Norris, City Clerk
Approved as to Form:
Bart Miesfeld, City Attorney
Dated:
Consultant: RECON
"
,.",
/
Blf-
Robert Mac
j\..,- b_
I
Her, President
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7/24/09
SignatUle Page To
the Agreement Between
City of Chula Vista,
RECON Consultant, and
Otay land Company Ll C,
for Consulting Work to be Rendered with regard to Applicant's Project
(page 2 of2)
Applicant:
Otay Land
By:
10-63
Title:
( 1>0Vl
Three-Party Agreement
Page 14
Exhibit A
Reference Date of Agreement:
August 4, 2009
Effective Date of Agreement:
Date of City Council Approval of Agreement
City:
CityofChula Vista
276 Fomm Avenue
Chula Vista, CA 91910
Consultant:
RECON
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Addr ess:
1927 Fifth Ave
San Diego, CA 92101
Applicant:
Otay Land Company
1903 Wright Place, Suite 220
Carlsbad, CA 92008
Business Form of Applicants:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address:
L Property (Commonly known address or General Description):
The project site is located (see map) within the Otay Valley Parcel of the Otay Ranch Planned
Community The project area is generally described within the Otay Ranch General Development
Plan as portions of Villages 4,7,8,9 and the University Site More specifically, the geographic areas
are as described below and show on the site plan in Attachment A:
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. The portion of Village Four that is included in this project is bound by the Otay River Valley
to the south, the remainder of Village F oW' to the north and west, and the southerly extension
of La Media Road to the east.
. The portiou of Village Seven included in this project is bound by Rock Mountain RoadJi'vfain
Street to the south, the remainder of Village Seven to the north, La Media Road to the west
and the existing Olympian High School to the east
. The portion of Village Eight that is included in this project is bound by the OtayRiver Valley
to the south, Rock Mountain RoadlMain Street to the north, the remainder of Village 8 to the
east and La Media Road to the west...
. The portion of Village Nine that is included in this project is bound by the Otay River Valley
to the south, Rock Mountain RoadIHunte Parkway to the north, the proposed University site
to tJ:i.eeasi-a.n(n;R~f25ioilie wes(- - - -
2. Project Description ("Project"):
The project consists ofthe preparation ofa Supplemental Environmental Impact Report addressing
proposed Amendments to the Chula Vista General Plan and Otay Ranch General Development Plan,
in order to allow land uses that accommodate up to 6,050 single and multi-family dwelling units on
approximately 633 acres onand, as envisioned in the 2008 Land Offer Agreement between the City
ofChula Vista and the Otay Land Company LLC. The EIR will analyze all potential environmental
impacts associated with the implementation of the Land Offer Agreement at a programmatic level
3. Entitlements applied for:
Proposed discretionary actions for the Property include: General Plan Amendment, General
Development Plan Amendment
4 General Name of Consulting Services ("Services--General"):
Consultant shall prepare a Supplemental EIR for the University Villages General Plan Amendment,
General Development Plan Amendment, in accordance with the City ofChula Vista Environmental
Review Procedures; with the criteria, standards and procedW'es of the Califomia Environmentai
Quality Act (CEQA) of 1970, as amended, (Public Resources Code Sections 21000 et seq ) and the
CEQA Guidelines (Public ResolUces Code Section 15000 et seq); and with other applicable
regulations, requirements and procedmes of any othenesponsible public agency or any agency with
jurisdiction by law Ifthere are conflicts between the City ofChula Vista's requirements and those of
any other agency, the City ofChula Vista's shall prevail when the City is the Lead Agency All work
performed by Consultant shall be to the satisfaction of City's Environmental Review Coordinator or
appointed designee.
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5. Detailed Scope OfWOlk ("Detailed Services"):
RECON shall prepare a Supplemental EIR for the Upjversity Villages General Plan Amendment, and
General Development Plan Amendment RECON shall consult with all trustee and responsible
agencies, agencies havingjmisdiction by law and any other pen;on or organization having control
over or interest in the Development as necessary to enSUre that the EIR is CUlrent and complete as to
issues raised by such agencies. The Draft and Final EIR shall be prepared in such a manner that they
will be meaningful and useful .to decision-makers and to the public Technical data is to be
summarized in the body of the repOlt and placed in an appendix.. All documents shall be prepared in
Microsoft Word.
RECON shall compile supporting documents into separate volmne(s) to be refeJred to as the
Appendices to the EIR. The Appendices shall include the Notice of Preparation (NOP), responses to
the ~OP ~d_allY technical reports .and relevant t~~~cal. ir1f?r~ati~n~e::e:at::d fo: t~euE:I:R_ _ _
The Detailed Services to be provided are described below:
Proiect Start-Up and Initiation
The Consultant shall attend a start-up meeting with the City to establish communication protocols,
confIrm thei~. understanding of the project, discuss key issues, review the schedule of deliverables,
and collect plans and documents. Following the start-up meeting and a thoTOugh review of project
plans, the consultant shall prepare a memorandum identifying outstanding information required to
complete the project description for the EIR. Upon receipt of the requested information, the
consultant shall prepare a draft project description and submit it to the City for review.
In addition, the consultant will develop baseline data for use in the environmental analysis This will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and EIR, md my
AppIicant-prepar.ed support documents and technical studies. In assembling baseline information for
the ElR, the Consultant will mlLximize use of existing data. As part of this task, the Consultant will
conduct general smveys oithe site and vicinity to document existing conditions through notation,
photography, and mapping.
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Notice ofPrenaration
RECON will submit a Screen check Notice of Preparation (NaP) to the City for review and will
make revisions from a single set of comments. Following approval by the City, RECON will produce
the Nap for distribution by the City
Technical Studies
Traffic Report
Linscott, Law & Greenspan, Engineers (LLG) will prepate a traffic impact study to address proposed
changes to the land use and roadway network associated with the GP/GDP Amendment The tasks
to complete the traffic study include the following:
Proiect Mobilization
. COnfum th<:yroject descripti()ll,?,(~rk schedule, and assumptions to be utilized in the
traffic study
. Contact City of Chula Vista staffto discuss the project and analysis criteria, confirm
the study approach, identify pertinent traffic issues and concerns; and formalize the
scope of work for the traffic study
Data Collection and Reseat.ch
. Visit the project study atea to confirm existing conditions with respect to existing site
development, local atea development, site access, parking use, and at.eas of
congestion in order to verify our overall understanding of traffic conditions in the at.ea
that might affect this project
. No existing conditions analysis will be conducted.
SANDAG Traffic Models
. Coordinate with the City to determine the appropriate network scenarios to be
analyzed. A maximum of eight (8) scenatios are assumed. The scenatios will vary
depending on assumptions for La Media Road Bridge, the Hunte Parkway couplet,
and SR-125
. Coordinate with the City and SANDAG to develop several forecast traffic models for
the project based on the network scenarios. It is anticipated that up to eight (8) models
will be required.
. Review the models and verify proper land use and roadway network coding.
. Attend up to two (2) meetings with SAl'IDAG
Level ofSelvice and Mitigation Analvsis
. Confurn the capacity of the study area roadways and prepare a daily (ADT) street
segment analysis for each scenario (up to 8).
o Evaluate the project-related (ADT) growth on the analyzed street segments
o Determine which street segments are significantly impacted by the proposed project
The project is assumed to consist of the composite mix of land uses proposed. Project
impacts by land use or location is not proposed.
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. Conduct limited intersection analysis focusing on the HeritagelMain intersection,
intersections affected by the potential removal of the SR-125/0tay Valley Road
interchange and the Hunte Parkway couplet removal Up to six (6) intersections will
be evaluated.
. Forecast Year 2030 AMIPM peak hoUl volumes at the key intersections
. Calculate the Year 2030 Level of Service (LOS) at each intersection.
. Determine the significant impacts at each street segment and intersection
. Compare the analysis results associated with the GP/GDP Amendment to the
approved General Plan
o Compile a list of new and deleted significant impacts that would result from the
GP/GDP Amendment.
o Identif'ymitigation measures for each significant impact, which may include
intersection and/or signalization improvements, segment improvements, striping
modifications, the addition of alL"{iliary tum lanes, traffic control/limitations at site
access points, etc This proposal assumes the recommended mitigation measures can
be adequately described within the text ofthe report.
o Conduct a freeway analysis for all scenarios, detelmine impacts and mitigation for up
to six (6) segments.
. Investigate the use of an Urban Level of Service..
o Investigate the reclassification of roadways to an Urban ArteIial Class
. Coordinate with the Applicants' traffic consultants
Preparation of the Traffic Impact Studv
. Prepare a draft traffic impact study in repolt fOImat that details all of the above-
mentioned items, analysis, fmdings and conclusions The dmft report will be suitably
documented with tabular, graphic and appendix mateIials The dmft tr afEc study will
be submitted for review by appropliate members of the project team.
. Provide up to thr'ee revisions ofthe Draft Traffic Study per City comments.
o Provide assistance in responding to lr'affic-related comments received dUling public
review of the Draft SEIR
Air Quality Impact Report
RECON Will update and supplement the air quality analysis prepar'ed for the Genelal Plan Update
EIR to reflect proposed changes.. The analysis will consist of the following tasks:
o Determine the existing air quality conditions in the air basin based on the most recent
published data from the Califomia Air Resources Board fOT nearby monitOIing stations
Review the federal, state, and local standards and regulatolY review requirements.
o Calculate expected emissions for carbon monoxide, nitrogen oxides, and other criteria
pollutants using the URBEMIS 2007 computer model Input par'ameters for the model
will be based on the land uses in the proposed GP/GDP Amendment and default
meteorological assumptions used for Califomia urban areas.
. Complete a Caline carbon monoxide "Hol SpOI" model for the intersections ofMainILa
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Media and MainIHeritage. Localized air effects from traffic on SR-125 will be based on
the environmental review conducted for the toll-way
. Discuss the potential health risks associated with diesel particulate emissions from
vehicular traillc on area roads projected to carry more than 100,000 ADT. This
discussion will be based on the recommendations made by the California Air Resources
Board in April 2005 Air emissions modeling of diesel particulates is not anticipated
. Prepare an air quality technical report that describes existing conditions, air quality
standards, the analysis methodology, and the results of the analysis.. The report will also
identify appropriate mitigation measmes as required.
Noise Impact Analysis
RECON will update and supplement the noise analysis prepared for the General Plan Update EIR
to reflect proposed changes.. The noise analysis will consist of the following tasks:
. Measure existing noise levels at locations along La Media, Heritage Road, Main Street,
SR -125 and East Lake Parkway Measmement locations will be selected to provide an
understanding of the variability of noise levels from these roadways.
. Estimate future vehicular' traffic noise levels using the Federal Highway Administration
(FHW A) Traffic Noise Model. The study will analyze noise caused by future traffic on
La Media, Main Street, Heritage Road, SR-125 and East Lake Parkway. The model will
be based on traffic volumes established by the tr'affic study prepared for the GP A, and
assuming flat site conditions The results ofthe model will be expressed in community
noise equivalent levels (CNEL).
. Aircraft noise will be evaluated based on noise contours for Brown Field..
. The analysis will evaluate the adequacy of the mitigation outlined in the GPU EIR and
will identify changes to those measmes if needed Noise thresholds provided in the
General Plan will serve as the basis for the determination of potential significant effects
. Prepare a noise technical report that describes the study methods and results outlined
above and specifies any noise mitigation measures that may be needed.
Global Climate Change
Greenhouse gas (GHG) and global climate change (GCC) issues were not addressed in the GPU
EIR To address GHG and GPU impacts from the proposed GP/GDP Amendment, the following
tasks will be completed
. Develop an intr'Oductory discussion of global climate change including the most recent
information regarding the cuuent understanding of the mechanisms behind global climate
change, greenhouse gas emissions, CillI'ent conditions and trends, and the broad
environmental issues related to global climate change.
. Develop a discussion of cunent international and domestic legislation, plans, policies,
and programs pertinent to global climate change.
. Based on documents prepared by the California Air Resomces Board and the California
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Attorney General's Office, discuss thresholds for evaluating the project's potential
contribution to global climate change, particularly in light of the goals specified in
Assembly Bill 32 (AB 32).
. Discuss the various protocols for assessing greenhouse gas inventories, such as the
greenhouse gas protocol developed by the World Resources Institute and the World
Business Council for Sustainable Development, and the California Climate Action
Registry General Reporting Protocol.
. Discuss potential changes in carbon stOlage on-site associated with modifications to the
existing land uses and habitats due to implementation ofthe project.
. Using Urbeinis 2007, EMFAC2007, and other appropriate models, plOject greenhouse
gas emissions for the following sources associated with the proposed GSA:
o Projected traffic
o Projected energy consumptive use (natural gas and electricity) for the
proposed development
o Water delivery, processing, and wastewater treatment
o Solid waste disposal
. The focus will be on emissions of carbon dioxide, methane, and nitrous oxide
FluOlinated greenhouse gases will also be considered, but their contribution fi.om this
project to global climate change is anticipated to be negligible
. Compare the proj ected greenhouse gas emissions to the significance tlu.esholds and
provide a discussion of project features as they relate to the reduction of greenhouse gas
emissions. This discussion will include a review ofthe procedUJes currently in place in
the City of Chula Vista for the control of global climate change and evaluation of the
project in relation to current legislation, including SB 375 The evaluation will also
assess the whether the project would conflict with m obstruct the goals and strategies
identified.in AB 32.
. Develop a discussion of the potential impacts on the project due to external influences
caused by global climate change (e.g, rising temperatures and changes in rainfall
patterns)
. Recommend strategies for incorporation into the GP/GDP Amendment that will further
the AB 32 goals for GHG reduction relative to "business as usual." Strategies may
include options that consider site and building design, energy and water use, and solid
waste generation.
. Prepar e a global climate change technical report and EIR section detailing the results of
the analyses and identifying mitigation recommendations. Mitigation may include
specific design featUJe recommendations for individual projects.
Sewer Study
. PBS&J will prepare a capacity analysis ofthe Salt Creek Tnmk Sewer The capacity
analysis will include the following engineering services:
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. Attend one kick-off meeting to review grading and drainage plans and proposed sewer
conveyance.
. Review the 2005 Master Plan, including assumptions made for the General Plan Update
Capacity Evaluation for the Salt Creek Basin, and the Hydraulic Computer Model for Salt
Creek
. Estimate the sewage generation fiom the GP/GDP Amendment
. Review the existing hydraulic model and available capacity downstream of the Project.
Assess impacts of added flow capacity and determine probable system deficiencies and
proposed upgrades.
. Prepare new flow chart documenting existing and ultimate Metro Capacity needs
. Prepare Draft section regarding Salt Creek Sewer impacts and Metro capacity needs for
inclusion in the RECON ErR.
D1aft EIR Prevaration
The Consultant shall prepare the first screen check Draft EIR for review by the City ofChula Vista
In general, the Draft ErR and associated technical studies shall assemble all available data, originate
new studies and provide an assessment of the probable short- and long-term cumulative impacts of
the project. In addition, the Draft EIR shall provide an evaluation of all feasible mitigation measures,
which could be carried out to reduce or eliminate adverse impacts of the proposed project. The Draft
EIR, where appropriate and as directed by City staff, shall also analyze all feasible alternatives to the
project as proposed
The Consultant shall prepare the EIR in the following format:
Table of Contents
Executive Summarv. This section provides an overview of the proposed project, and the key
conclusions set forth in the ErR regarding environmental impacts and mitigation measures It
will summarize the background and need for the proj ect, required discretionary actions, any
known areas of controversy; and the objectives and basic characteristics of the project. The
Executive Summary will identify and briefly discuss the environmental impacts associated with
implementation of the project (whether beneficial or adverse, significant or less than significant),
and will contain a summary analysis of alternatives to theproject. The Executive Summary will
also include a table identifying all of the issues evaluated, their impacts, conesponding.
mitigation measures, and the level of impact significance after mitigation.
Introduction. This Section describes the purpose, scope and legislative authority of the EIR, the
intent ofCEQA and other pertinent environmental rules and regulations, and the environmental
review process. The section will also include the stIUcture, required contents and relationship of
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the EIR to other potential responsible or trustee agencies The EIR's relationship to previously
prepared documents, including the 1993 Program EIR for the Otay Ranch General Plan
Amendment (GPA)/General Development Plan (GDP)/Subregional Plan (SRP) and the 2005
Program EIR for the Chula Vista General Plan and Otay Ranch General Development Plan, will
be described.
Envirorunental Setting. This section will provide an overview ofthe environmental setting for
the project, including a description of physical conditions and natural resomces in the project
vicinity and from a regional perspective This section will also defme the related projects and/or
growth factor assumptions used as the basis for the cumulative impact analyses
Proiect Description. The scope of work for this section of the EIR will include the
following:
. Location and Bormdar ies. This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level Supporting
graphics will be provided,
. Statement of Objectives,' This subsection shall define the objectives and underlying
pmpose of the project. It is assumed that these objectives will be developed jointly
between the Applicants and the City and will most likely reflect planning, environmental,
and economic goals The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range of proj ect alternatives to be evaluated within the EIR.
. Project Characteristics. This subsection shall provide an overview of the project and
describe its specific attributes.. Project char'acteristics will be described based on the
detailed project description provided by the Applicants, This section will also state the
timeframe for project construction and phasing, required discretionary actions and
approvals, agencies expected to use the EIR, and any federal, state or local environmental
review and consultation requirements related to the CEQA process
Environmental Impact Analvsis, For each issue identified in the Initial Study, this section will
provide an analysis based on the following structure: Existing Environmental Setting,
Thresholds of Significance, Impacts, Level of Significance Prior to Mitigation, Mitigation
Measures, and Level of Significance after' Mitigation. The assessment of environmental impacts
will be consistent with CEQA and the CEQA Guidelines (Section 15126), The following is an
overview ofthe technical approach proposed to address each environmental topic in the EIR:
Land Use. RECON will discuss the project impacts associated with proposed land use
modifications to OtayRanch Villages 4, 7, 8,9, and the University Site or portions thereof as
they relate to the adopted Chula Vista General Plan for the East Planning Area Discussion of
the Chula Vista Multi-Species Conservation Plan (IvISCP), Otay Ranch General
Development Plan (GDP) and Otay Ranch Management Plan (fuvlP) as they relate to land
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use will also be included Land use impacts will be based upon the consistency of the
proposed project with the various planning documents In addition, the compatibility of the
proposed project changes with neighboring land uses, including the Otay Landfill, will be
evaluated, This includes discussion of a proposed northerly realignment of Rock Mountain
Road/Main Street in Village 4, and changes to Heritage Road in Village 3 and La Media
Road in Village 8, The potential land use effects will be discussed for ar'eas both within the
plan area as it relates to the future development, including the Iown Center, and to regional
planning efforts for offsite areas to the south, An evaluation of the project in relation to SB
375 will be included The Consultant shall:
. Describe and map existing land use and applicable plans and zoning for the site
and sunounding areas; and
. Summarize applicable local, regional, state and federal plans, policies,
regulations and guidelines; and
. Discuss land use compatibility associated with past and present site activities and
adj acent uses; and
. Define Thresholds of Significance for land use impacts; and
. Evaluate the project's consistency with applicable local, regiDnal, state or federal
land use policies and programs; and
. Develop mitigation measmes tD address significant land use impacts
Landform Alteration/Aesthetics' The SEIR will update the discussiDn Df landform
alteration/aesthetics tD address proposed changes within each of the affected Villages to
the extent that the changes represent a significant change in the nature of the visual
setting of the area and the extent tD which it is cDmpatible with neighboring uses
Thr'eshDlds and mitigation requirements addressing scenic resoUlces/vistas and visual
character relative to propDsed changes, will be reviewed and updated fDr prDject
cDnsistency The Consultant shall:
. Describe rdevant regulations, policies and guidelines gDverning views and aesthetic
considerations. As applicable, provisions of view ordinances, design guidelines, and
general plan and scenic highway plans will be summarized;
. Define Thresholds Df Sigruficance to determine impacts with respect to
aesthetics/views;
. ldentify mitigatiDn measures as appropriate fDr significant larrdform impacts
BiolOgical Resources RECON will use biDlogical resources analysis prepared fDr the 2005
General Plan Update ElR to address the proposed amendments. The GPU ElR will serve as
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the basis for the analysis Consultant shall summarize the previous impacts to biological
resources and mitigation measmes contained in both the City's General Plan Update (GPU)
Program EIR and Otay Ranch General Development Plan (Otay Ranch GDP) Program EIR
as they relate to the proposed project Using data extrapolated from the current SANGIS
database (or another acceptable source to the City), Consultant will then update the previous
baseline vegetation conditions and evaluate the proposed project impacts against the previous
environmental determinations in light of the Chula Vista Multiple Species Conservation
Program (MSCP) Subarea Plan and other existing sources of information on biological
resources within the General Plan and Otay Ranch GDP amendment areas
TwjJic, Circulation and Access.' This section of the EIR shall stimmarize the results of the
final I raffic Impact Analysis prepared by LLG, as described in Section 5 above The final
Traffic Impact Analysis will be included as an appendix to the EIR
Noise:' lhis section of the EIR shall summarize the results of the final Noise Impact
Assessment prepared by the Consultanr, as described in Section 5 above, Ihe final Noise
Impact Assessment will be included as an appendix to the EIR,
Air Quality lhis section ofthe EIR shall summarize the results of the Air Qualiry Impact
Analysis prepared by the Consultant, as described in Section 5 above, The fmal Air Quali ty
Report will be included as an appendix to the EIR,
Public Services and Utilities: Ihis section of the EIR shall evaluate potential impacts on
public services and utilities The Consultant shall consult with local service providers as
well as summarize the fmdings of other relevarrt approved planning documents and master
plans including, but not limited to, analyses from the 1993 Program EIR (90-01) for the Otay
Ranch GDP/SRP and the 2005 Pr-ogram EIR for the General Plan Update, in order to
adequately define applicable tluesholds of significance, evaluate the potential for impacts,
and identify feasible mitigation to fire protection (including EMS), police services, library
services, schools, recreational resources (parks, recreation and open space), water, sewer,
solid waste disposal, energy (gas and electricity), and telephone and cable services
Water Supply: RECON will update the Water Technical Report prepared by the City
ofChula Vista Planning arrd Building Department (April 2005) to reflect proposed
changes to the General Plan and the General Development Plarr. lhis'will include
contacting the Otay Water District and summarizing changes to their 'existing
facilities and their ability to provide water to the .ar'ea that have occurred since the
completion of the report as they pertain to the proposed GP A ar'ea, The analysis will
include a proj ection of the cunent demand for water, and the pro j eet demal1ds under
the adopted General Plan and the proposed amendments to the plan, The results of
the analysis will be included in the SEIR, Ihe discussion will evaluate whether the
proposed GPA will require or result in the construction of new water treatment
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facilities or expansion of existing facilities, the constlUction of which could cause
significant environmental effects, whether new or expanded supplies would be
required to meet projected needs, and ifthe GP A would being inconsistent with the
Urban Water Management Plan prepared by the San Diego County Water Authority
RECON will coordinate with Otay Water District in their prepaI ation of a Water
Supply Assessment for the incremental increase in water demand over that
analyzed in the General Plan..
Wastewater: Based on the technical study prepared by PBS&T to address the Salt
Creek Trunk Sewer analysis, RECON will identify the impacts on the existing and
master-planned sanitary sewer system and reconnend proposed upgrades.
Housing and Population. It is assumed that the Housing Element of the General Plan will not
be amended as part ofthe proposed GP/GDP amendment. The discussion of housing and
population issues will focus on the three thresholds provided in the GPU EIR These include
(1) population growth, which is primaIily a "growth inducing impact", (2) displacement of
existing housing and (3) displacement of people. Proposed land use changes would alter the
planned number of acres and distribution of residential, industrial, commercial, recreation
and open space land within the affected Otay Ranch Villages as compared to the adopted
plan Impacts resulting from the adopted plan were found to be significant and unmitigable..
The proposed project is expected to result in a substantial increase in the numher of
residential units within the Otay Ranch area as compared to the adopted plan.
Cumulative Impacts: The cumulative impact analysis will be based on the ".. . summary of
. projections contained in an adopted general plan.. ." approach established by Section 15130
(b) (1) (B) ofthe State ElR Guidelines F or each issue, the cumulative effect ofthe proposed
GP/GDP amendment will be evaluated based on the GPU ElR In addition, RECON will
discuss the Otay Mesa Community Plan update that is clmentlyunderway in the City of San
Diego The extent to which the cumulative effects of that planning project will be addressed
depends upon the availability of information at the time the analysis is complete It is
anticipated that the County of the San Diego's General Plan update wilt not be available in
time for this analysis As such, RECON willllse the existing Counry General PlanlSANDAG
Rep for the cumulative discllssion.
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Growth Inducement: The SEIR will address growth-inducing effects This section wiII
"discuss ways in which the proposed proj ect could foster economic or population growth, or
the construction of additional housing, either directly or indirectly, in the surrounding
environment. Included are projects which would remove obstacles to population growth (for
example, a major expansion of a waste water treatment plant might allow for more
construction in seIVice ar.eas) Increases in the population might tax existing community
services ,facilities, requiring constmction of new facilities that could cause significant
environmental effects."
Effects Found Not To Be Significant: In accordance with the CEQA Guidelines, the SEIR
will include a brief discussion of the statement of effects found not to be significant and,
therefore, not discussed in detail in the SEIR
Significant Irreversible Environmental Changes:. This section of the SEIR will discuss the
significant unavoidable impacts, if any, of the proposed project, including those that can be
mitigated out not reduced to below a level of significance This section will also describe the
potentially significant in eversible changes that may be expected with development of the
project and addresses the use of nomenewable resources during its construction and
operational life.
Alternatives: A reasonable range of alternatives will be included in the document. There will
be a no-project alternative consistent with CEQA requirements A minimum of two other
land use alternatives will be included. RECON will work with the City to help define these
alternatives with the recognition that they will have to have the potential to reduce one or
more identified environmental impacts, consistent with CEQA requirements
Duft SEIR Processing and Document Revisions
The Consultant shall prepare three (3) screen check draft EIRs prior to preparation ofthe public
review version of the Draft ElK The second, third and public review copies of the Draft EIR will
mcorporate comments received on priO! versions of the reports. The Consultant shall prepare the
Notice of Availability for public review distribution. Preparation of the revised Draft SEIR will
mvolve the follo;ving.
. Attend up to 24 hours of meetings with City staff to address issues associated with the
Draft SEIR.
. Review comments on first submittaL
. Prepar.e revisions to the project description, issues of analyses.
. Prepare revisions to the cumulative impact analyses
. Prepare revisions to the analysis of alternatives.
. Revise the draft Mitigation Monitoring and Reporting Program.
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Final EIR Preparation and Content
Upon completion of agency and public review, the Consultant will prepare WIitten responses to all
letters of comment received All comments received in response to the EIR will be discussed with
the City staff, and an approach to the responses will be subj ect to City approval prior to preparation
of the draft responses. Draft responses to comments will be submitted to City stafffoneview. LLG
will assist in the preparation of responses to public comments on the traffic study. PBS&J will assist
in the preparation of responses to public comments on the sewer study. The Consultant will then
revise responses in accordance with City directions and will prepar'e arr administrative Final EIR
The Consultarrt will draft carrdidate Findings and a Statement of Oveuiding Considerations, if City
determines this to. be necessary, for consideration by the decision-maker in certifYing the EIR The
Findings will include all measures which would be implemented to mitigate potentially significant
impacts; a statement, as appropriate, that the project mitigation may be the responsibility of another
agency; and an evaluation of project alternatives and why each was found to be infeasible.. A major
portion of the Findings will be compiled using information contained in the ElR. The Statement of
Oveniding Considerations will present the social, economic or otherreasons why the project should
be approved even though significant environmental impacts may result (i.e., why the project's
benefits oveuide the environmental issues) These will be presented in draft form to the City, revised
as City determines to be necessary, and printed to accompany the Final EIR for review and
consideration by the City of Chula Vista, Planning Commission, and ultimate adoption by the City
Council.
RECON will prepare a supplemental Final EIR that will include the EIR text with necessary
revisions requested by City staff or as a result of the public review process, letters of comment and
responses, the Findings and Statement of Oveuiding Considerations (if applicable), appendices, and
the Mitigation Monitoring and Reporting Program. Following review and approval ofthe responses
to letters of comment and any changes to the text of the document, the Consultant will prepar'e a draft
Final EIR for review by City staff The Consultant \vill also prepare the Notice oIDetermination and
California Department ofFish and Game Fee Certification.
Preparation of the administrative Final SEIR will involve the following tasks:
. Attend up to 32 hoW's of meetings with City staffto address issues associated with the
Final SEIR.
. Prepare responses to comments received during public review This task is based on an
estimate of25 comment letters or 150 individual comments Should additional comments
be received or additional technical analysis is required to respond to those comments that
will be completed as an additional effort to this authorization..
. Based on the review by the City, RECON will revise the responses to comments and
produce the Final SEIR.
. Prepare CEQA draft Findings and Statement of Overriding Considerations. Information needed to
support the Findings/Statement of Overriding considers will be provided by the City
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. Based on the revi~w by the City, RECON will revise the response to comments and
produce the F inalSEIR.
. Prepare a fmal Mitigation Monitoring and Reporting Program.
. COOldinate with applicant's SPA EIR consultant as necessary
ilIeetinf!s and Hearinl!s
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. The Consultant's plOjectmanager will meet
with City staff as requested to discuss the EIR progress and issues as they arise The meeting hours
noted above include RECON's attendance at the following meetings and hearings.
o One (I) project initiation meeting
o One (I) project worksbop
o One (I) scoping meeting
o One (I) Planning Commission public bearing to close public review oithe DEIR;
o One (1) Plarming Commission bearing on tbe FEIR and related environmental documents;
and
o One (I). City Council Hearing on the FEIR and related environmental documents.
In addition, upon request of the City, LLG shall be available to attend project status meetings, plOject
briefings, and City Council meetings, and shall be responsible for assisting with the preparation of
materials for those meetings. LLG will be responsible for attending the following meetings:
o One (1) project initiation meeting with the City, Applicants(s), and others determined by City
staff;
o One (1) project workshop;
o One (1) scoping meeting;
o Two (2) coordination meetings with the City,
o One (I) Planning Commission public hearing to close public review ofthe DEIR;
. One (1) Planning Commission hearing on FEIR; and
o One (1) City Council meeting on FEIR
Deliverables
Screen check Initial Studv and Notice ofPreoalation
o Five (5) copies ofthe Screen check Initial Study and Notice of Preparation will be provided
to the City The Screen check Initial Study and Notice of Preparation shall be prepared in
J'vlicrosoft Word 2000
. Following receipt of comments on the First Screen check Initial Study and Notice of
Preparation, five (5) copies of the Final Initial Study and Notice of Preparation will be
provided to the City. The Final Initial Study and Notice of Preparation shall be pTepared in
Microsoft Word 2000.
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Technical Studies
The Consultant shall PlDvide the following technical studies to the satisfaction of the City's
Environmental Review Coordinator:
. Traffic Impact Analysis - five (5) copies
. Air Quality Assessment- five (5) copies
. Global Climate Change Assessment - five (copies)
. Noise Assessment- five (5) copies
. Sewer Study- five (5) copies
Screen check Draft EIR
. Twenty-five (25) total copies of the First Screen check Draft EIR and ten (10) copies of
Technical Appendices, in three-ring binders will be provided to the City. The First Screen
check Draft EIR shall be prepared in Microsoft Word 2000 and shall be printed at 1.5
spacing. Appendices shall be single-spaced
. Following receipt of comments on the First Screen check Dr aft EIR by City staff; Consultant
will make the required tevisionsand plDvide twenty (20) total copies of the Second Screen
check Draft EIR and ten (10) copies of Technical Appendices in three-ring binders. The
Second Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at 1.5 spacing. Appendices shall be single-spaced.
. Following receipt of comments on the Second Screen check Draft EIR by City staff,
Consultant will make the required revisions and provide five (5) total copies of the Third
Screen check Draft EIR, first draft MMRP and Technical Appendices in three-ling binders.
The Third Screen check Draft EIR shall be prepared in Microsoft Word 2000 and shall.be
printed at single .spacing Appendices shall be single-spaced
Public Review Draft EIR
. Following City staff review of the Third Screen check EIR, Consultant will make the
required revisions and prepare the document for public review. Thirty (30) total copies of the
Draft EIR, Ml\I!RP and ten (10) Appendices, including twenty (20) copies of the documents
in three-ling binders and one-hundred (100) copies ofthe docmnent on Compact Disk (CD)
will be provided to the City. CDs submitted to the City shall be accompanied by 20 hard
copies of the Executive Summary with a pouch to hold the CDs, RECON will piepar.e the
Notice of Completion for the City, and the City will handle the public review distribution.
. Consultant shall prepare Draft Candidate CEQA Findings of Fact and, if necessary, a
Statement ofOveI1iding Considerations for review by City of Chula Vista staff and legal
counsel after distribution ofthe Draft EIR for public review Consultant shall submit five (5)
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copies of the draft Candidate Findings ofFact and Statement ofOveniding Considerations
with the draft responses to comments.
Final EIR
. Following the close of public review, Consultant shall meet with City staff to discuss
comments received. Following consultation with City staff, Consultant shall provide draft
responses to comments received dming public review.
. Consultant shall prepare a Screen check Final EIR. The Screen check Final EIR will include
corrections and additions to the DEIR and technical reports, if appropriate; a draft Mitigation
Monitoring and Reporting Program (MMRP); a list of persons, organizations, and public
agencies commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony. Consultant shall submit five (5) copies ofSFEIR to
the City for review by City of Chula Vista staff
. Upon City staffs approval of the SFEIR, Candidate CEQA Findings of Fact and, if
necessary, Statement of OveIIiding Considerations, Consultant will prepar'e a Final EIR,
MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of OveIIiding
Considerations (if applicable) Consultant will provide thirty total (30) copies including ten
(10) in three-ring binders, and ten (10) copies on CD of the Final EIR, MMRP, Appendices,
and Candidate CEQA Findings of Fact and Statement of Oveuiding Considerations (if
applicable).
6 Schedule, Milestone, Time-Limitations within which to Perfotm Services
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of De live rabies (Screen check technical reports assume two
sets of revisions to address City comments.. Final technical reports shall adequately address all
City comments, summarize existing and future conditions analyses, and provide appropriate text,
tables, and graphics for use in the EIR document):
. Provide Screen check Notice of Preparation - August 24,2009
. Final Notice of Preparation: Two (2) days after receipt of City comments on
Screen check Initial Study and Notice ofPrepar'ation
. Final Traffic Impact Assessment - December 9,2009.
. Final Air Quality Report and OHO Report - December 9, 2009
. Final Noise Impact Assessment - December 9,2009
. First Screen check Draft EIR, MlvIRP and T ec!mical Appendices - November
23,2009
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. Second Screen check Draft EIR, MMRP and Teclmical Appendices - January
8,2010.
. Third Screen check Dr aft EIR, MMRP and Technical Appendices - February
19,2010.
. Public Review Draft EIR, MMRP and I echnical Appendices - March 12,
2010..
· First Draft Findings and Statement of Overriding Considerations, if
applicable - April 13, 2010
. First Draft Responses to Comments received during public review - May 12,
2010.
. SCFEIR including conections and additions to the DEIR; final technical
reports; MMRP; a list of persons, organizations, and public agencies
commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony - June 16,2010..
. Final EIR for public hearing including fmal responses to comments, Findings
and Statement of Oveniding Consideration - One (I) week after receipt of
City comments on Screen check Final EIR.
Dates for completion of aU Consultant services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction ofthe City's DirectOI of
Planning and Building, whichever is later.
7 Documents to be provided by Applicants to Consultant:
(x) site plans () grading plans () architectural elevations (x) project description () biological
technical reports addressing on- and off-site resources () water / sewer studies () geotechnical
repOIts addressing on- and off~site resowces () water quality technical report addressing on-
and off-site resources.
(x ) other: General Plan and General Development Plan Amendment text and graphics
needed from both applicants
8. Contract Administrators
City:
Stephen Power AICP
Principal Planner
Public Services Building 200
276 FOllIth Avenue
Chula Vista, CA 92010
leI: (619) 409-5864
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Applicant:
Otay Land Company LLC
1903 Wright Place, Suite 220
Carlsbad, CA 92008
(760) 918-8200
Consultant:
RECON
1927 Fifth Avenue
San Diego, CA 92101-2358
9 Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
7/24/09
(Xl Not Applicable Not an FPPC Filer
( Xl Not Applicable Not an FPPC Filer.
( )
Category No 1
( )
Category No 2
( )
Category No 3
( )
Category No 4.
( )
Category No 5.
Investments and sources of income
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority
ofthe department
Investments in bnsiness entities and sources of income which
engage in land development, construction OT the
acquisition or sale of real property.
Investments in business entities and sources 0 f income of the
type which, within the past two years, have contracted
with !:he City ofChula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
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( )
Category No.6
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment
( )
CategoryNo 7.
Business positions.
10.. Insurance Requirements:
(x) Commercial General Liability: $1,000,000.
(x) Automobile Liability: $1,000,000.
(x) Worker's Compensation: Statutory
(x) Employer's Liability: $1,000,000
(x) Errors and Omissions Liability: $2,000,000.
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Exhibit B
Additional Recitals
2 7 Applications for a General Plan Amendment and General Development Plan Amendment were
submitted to the City of Chula Vista on March 3,2009; and
2.8. The preparation of an EIR is accordance with the provisions of the Califomia Environmental
Quality Act (CEQA) is a necessary component ofthe General Plan, and General Development process; and
2.9 RECON has acquired an in-depth lmowledge ofChula Vista Gener'al Plan-related environmental
issues through their preparation of the 2005 General Plan Update EIR and associated baseline studies; and
2.10. RECON's comprehensive familiar ity with the Chula Vista General Plan and General Plan study
area, coupled with the lmowledge gained through their preparation of the General Plan Update EIR and
assQciated baseline/technical studies, makes RECON uniquely qualified to serve as the Consultant for this
project; and
2..11 The consultant warrants and represents that they are experienced and staifed in a manner such
that they are and can prepare and deliver the services required of Consultant to City within the timenames
herein provided all 10 accordance with the terms and conditions of this Agreement, and that time is of the
essence; and
212. The Environmental Review Coordinator has negotiated the details of this agreement 10
accordance \vith the Environmental Review Procedmes setforth in the Environmental Review Procedmes and
in Section 256 of the Chula Vista Municipal Code;
213 The Applicant has deposited or will deposit funds for the consulting selvices necessary for the
preparation of the environmental documents;
2.14.. The proposed contI act with RECON to provide consultant services would be in an amount not to
exceed $388,400 with an addItional $97,100 for additional services should they be necessary
(End of Recitals)
7/24/09
Ibree~Party Agreement
Page 35
10-84
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions
( X) Single Fixed Fee Arrangement
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicants shall pay a single fixed fee in the amounts and at the times or milestones set fOIth below:
(x) Single Fixed Fee Amount: $388,400
Milestone or' Event Amount or Per'cent
of Fixed Fee
1 Signing of this agreement by all parties and upon the $58,260 (15%)
request oUhe Consultant.
2 Submittal ofFrrst Screen check Environmental $135,940 (35%)
Document*
3 Submittal of Second Screen check Enviromnental $38,840 (10%)
Document**
4, Commencement of Public Review $58,260 (15%)
5, Completion of Final Environmental Document $58,260 (15%)
6 Completion of All Remaining Tasks as outlined in $38,840 (10%)
Exhibit "A" to this Agreement (retention)
Subtotal $388,400
7 25% Contingency Fee*** (for additional work if
requested by the applicant, and agreed to by the City, $97,100
pursuant to Section 3.2 1)
Total Fixed Fee Amount $388,400
*
For pmposes of payment, the first screen check shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Enviromnental Review Coordinator Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screen check document has been submitted,
**
For pmposes of payment the second screen check shall completely addIess all comments identified
in the first screen check to the satisfaction of the Environmental Review Coordinator. Payment
shaJl not be made until the City's Environmental Review Coordinator determines that a complete
second screen check document has been submitted
7124/09
Three-Party Agreemenr
Page 36
10-85
***
Pursuant to Section 3.2.2 of this Agreement, the Environmental Review Coordinator in their sole
discretion independently and 01 upon request from the Consultant, may fjom time to time, negotiate
additional selvices to be pelfOlmed by the Consultant under this Agreement in order to cover
unforeseen issues that may be identified during the preparation of the environmental document
("Additional Selvices") rhe cost of Additional Selvices in connection with the environmental
document shall not exceed 25% of the total contract amount ($388,400).
( ) Phased Fixed Fee Anangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are sep31ately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth herein below ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicants shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase
Said Phase
( ) Time and Materials
For performance of the General. and Detailed Services of Consultant as herein required,
Applicants shall pay Consultant for the productive homs oftime and material spent by Consultant in
the perfOlmance of said Services, at the rates or 31llounts set forth herein below according to the
following telms and conditions:
( ) Not-to-Exceed Limitation on rime and Materials Arrangement
Notwithstanding the expenuitme by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe
General and Detailed Services herein required of Consultant for $
including all Materials, and other. "reimburseables" ("Maximum Compensation")
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by the
City Council. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
7124109
Three-Party Agreement
Page '37
10-86
Rate Schedule
Category of Employee Emolovee Name Hourly Rate
Principal Charly Bull $17800
Principal. Senior Project ~fanager Bobbi Herdes $17800
Principal, Air QualitylNoise Dave Gottfredson $17800
Senior Planner Donna Steel $14600
Senior Planner Lori Spar $14600
Senior Biologist Gerry Scheid $14600
Senior Biologist Wendy Loeffier $14600
Archaeologist. Associate Jackson Underwood $]]900
Archaeologist, Analyst BaIlY PIice $9900
Associate Environmental Planner Karen Bowling $11900
Associate Environmental Planner Iisa Iind $11900
Environmental Analyst I ance Unverzagt $99 00
Environmental Analyst Matt loseph $99 00
Assistant, Air QualitylNoise Jesse Fleming $84.00
Assistant Biologist Beth Proscal $84.00
Assistant Biologist Anna Bennell $84.00
Research Assistant Daniela Fromer $73.00
Research Assistant Colin Water $73 00
GIS Specialist Sean Bohac $78 00
Graphic Designer Vince Martinez $78 00
Production Specialist 1I Linda Evans $59 00
Production Specialist I Greg Kazmer $52.00
The assignment and time allotment of principals wotking on the EIR shall be as follows:
:~f$~i~~~~~~i1~~~1t~&~~~~~;~~ :~~ijl)~lfet~~~il1~~l~lil!~~ ~~\it~~1lifJi~~~';li~i~~t~
Provide technical support for
Attend meetings and hearings Attend meetings and hearings air, noise and global climate
change issues
Provide technical oversioht and d irectron Project manaoement
1 27 hours 255 hours 66 hours
.Other individuals from the Consultant fum may be substituted in place oithe names listed solely at
the discretion of the City's Environmental Review Coordinator
( ) Hourly rates may increase by 6% fOT services rendered after
7/24/09
Three-Party Agreement
Page 38
10-87
Materials Separately Paid For by Applicant -
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance 1 elephone Char'ges
(X) Other-SANDAG Model Run Fees
Cost or Rate
NA
NA
NA
NA
NA
NA
NA
Deposit
(Xl Deposit Amount: $58,260. The remaining contract balance of$330, 140 shall be deposited
incrementally in accordance with milestone payments noted in Exhibit "c" and as follows:
$135,940 paid to the City 30 days prior to the completion of Milestone No.2; $38,840 paid
to the City 30 days prior to completion of Milestone No.3; $58,260 paid to the City 30 days
prior to the completion of Milestone No 4; $58,260 paid to the City 30 days prior to the
completion of Milestone No.. 5; $38,840 paid to the City 30 days prior to the completion of
Milestone No 6 Applicant further agrees to deposit within 10 days a sum estimated to be up
to $97, 1 00 (contingency fee) for additional services if such services ar'e requested pmsuant to
Section 32.1 or Section 3.2 2.
(X) Use of Deposit to Pay Consultant
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit 1f
Applicant shall protest the propriety of a billing to City in advnnce of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
() Use of Deposit as Security Only; Applicants to Make Billing Payments
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing
(X) Bill Processing:
A Consultant's Billing to be submitted for the following period of time:
Three~Party Agreement
Page3 9
7/24/09
10-88
( ) MontWy
( ) QU3Iterly
(X) Othel: Milestone
B Day of the Period for submission of Consultant's Billing:
( ) First oithe Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon Completion of Miles tone
C City's Account Number: To be assigned after agreement is processed..
D Secwity fOT Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other SecUlity:
Type:
Amount: $
(X) Retention If this space is checked, then notwithstanding other provisions to
the contr3IY requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, the following Retention
Percentage until the City determines that the Retention Release Event, listed
below, has occuned:
( ) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction ofthe
Environmental Review CoordinatOI
() Monthly
( ) Qu3Iterly
(X) Other: In accordance with the_milestones provided herein.
B
Day ofthe Period for submission of Consultant's Billing:
( ) First of the Month
( ) End of the Month
(X) Other: Upon completion ofthe milestones identified herein.
Three-Party Agreement
Page 40
7/24/Q9
10-89
J-
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CL'"
OTA y VAUl
ROAD
8
LEGEND
I'.'"".',"j SUa,ECT PROPERTY
OIC OTAYUND CO/.{PANY
DESIGNA lCD
NOTES
1. ALL BEARINGS SHOYrN ARE per R..as.
16504, RECOROED .J/9/2000, AS fiLE
Na 2000-120683, IN DfE CDUNTY OF
SAN DIEGO. 5Tr1lE: OF CAliFORNIA.
NO T TO SCALE
AREA TOTALS
VICINITY MAP
OlC PARCEL "B"
OLC PARCEl. "C"
TOTAL
rDT.4L. rCE AREA = 278.72 ACRES:t
TOTAL FEE AREA - J7J'.00 ACRES:
551.7.2 ACRES;t
DESCRIPTION EXCEPTIONS
ow PARCEL "a" IlF),(Sc
1 SAN DIEco-OTA Y PIPEliNE RIG-/l OF WA Y. AS SHOfW IN DEED BOOK 5'37, PAa:' 463. RECORlJElJ 7/14/1923'" DEEIJ
BOOK 598; PAGE 54. RECOR!JEJ) 12/20/1912
2 SOUTH SAN olEeo RESERVOIR. PORllON ""LOT 28... 27 C/?ANTEfJ TO rrlE CITY OF SAN DIECO IN DEW RECORDED
8/2.7/1972 UNDER RLE/I'ACE NO. 2222672. CFFIClAL RECORDS.
J S"AN J)JEGo--CORONADO PIPWNE RfGiT CF WA Y. AS SHOmllN DEED BOCK .570. PAGE 713; RECORDED 6/24/1912.
4 PARCEL 3 IN A},(ENDED COAlPLA/NT" IN CONDEJlNA !lON CI'.t1L NO. 7.9-0907-N, RECORDED IN THE. 0FFlCE.' OF' lli.:
COUN7Y RECORDER OF SAN D/EG~ COUNTY, JANUARY 15. 1980 A S' OOC/..iMENT NO. 80-/3755'1
CLC PARCEl. "'c'" JlEJIS
.5 PORnON OF LOT 17. CONYF'tF[) TO THE SOUlHERN CAliFORNIA MOUNTAIN WAlDi' COMPANY. BY OEED DATED APRIL
11. 1912. AND RECORDED ,j{jNE 24" 1912/N BOOK 57Q PAGE 11"J OFDE:EO~ OFF1C1AL RECORDs..
6 ?ARCEl. 3.201a-1. A PORnON oFLOTS 17 Jr 18 crOTA YRANCliO IN tHE GTYOF CHULA t1'STA~ COUNTYCF SAN
lJIEGO. CRANTED TO THE STA fE OF CALiFORNIA IN DEED RECOROW 9/1/2005 UNDER Doc.. NQ 200.5-0759298.
7 PORTION OF LOT 16 COHYDCD TO 11-/E COUNTY OF SAN DIEGO IN DEED RtCORom 2/28/200'; AS DOC. NO.
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Memorandum
Development
Services Department
DATE:
August 4, 2009
FROM:
Honorable Mayor and City Council
Gary Halbe~eputy City Manager / Director of Development
TO:
SUBJECT:
Item # 10 - Errata Sheet
Upon final review of the Three Party Agreement Between the City ofChula Vista, RECON and the
Otay Land Company, the Otay Land Company has requested the removal of Section 3.3.1.1.1 from
the contract. Staff has reviewed the section and determined that this provision is adequately covered
in the University Villages Processing Agreement that was approved on June 23, 2009.
Staffis in support ofthe amendment, and recommends that Council adopt the resolution subject to
the minor alterations identified by strikeout/underline in the attached errata sheet.
3.3.1.1.1. City shall also be entitled to retain from said
Deposit all costs incurred by City for which it is entitled to compensation by law or ander
the terms 0 f this agreement.
3.3. I. I.L'6. All interest earned on the Deposit Amount, if
any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of
deposit into a separate bank account, separately account for said deposit in one or more of
its various bank accounts, and upon doing so, shall proportionately distribute to the
Deposit Trust, the average interest earned during the period on its general fund.
3.3. I. I.;?J. Any unused balance of Deposit Amount,
including any unused interest earned, shall be returned to Applicant not later than 30 days
after the termination of this Agreement and any claims resulting therefrom.
3.3.1.1.14. Applicant shall be notified within 30 days after
of the use of the Deposit in any manner. Nothing herein shall invalidate use of the
Deposit in the manner herein authorized.
3.3.1.1.~. At such time as City shall reasonahly determine
that inadequate funds remain on Deposit to secure future compensation likely due
Consultant or City, City may make demand of Applicant to supplement said Deposit
Amount in such amount as City shall reasonably specify, and upon doing so, Applicant
shall, within 30 days pay said amount ("Supplemental Deposit Amount") to City. Said
Supplement Deposit Amount or Amounts shall be governed by thc same terms of trust
governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as
security, in order to secure the duty of Applicant to pay Consultant for Services rendered
under this agreement, City shall be entitled to withhold processing of Applicant's
Application upon a breach of Applicant's duty to compensate Consultant and in such
event the force majeure provisions of the LOA shall apply.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants employed by
it in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following categories, and to the limits
specified, policies of which are issued by Insurance Companies that have a Best's Rating
of "A, Class V" or better, or shall meet with the approval of the City:
8/4/09
Three-Party Agreement
Page 4
CITY COUNCIL
AGENDA STATEMENT
'~I!;
:$ ~ CITY OF
'~CHULA VISTA
I'
8/04/09, Item~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES
D
NO
[Z]
SUMMARY
On July 20, 2009, the Director of Public Works received sealed bids for the "Pavement
Rehabilitation Program (Overlay) FY07/08 (STL335B)" project. The work consists of the
removal and replacement of failed asphalt concrete pavement (dig-outs), AC pavement overlay,
and sidewalk improvement upgrade on various street locations in the City of Chula Vista. Work
on this project also includes cold milling, crack sealing, replacement of traffic signal loop
detectors, traffic control, striping and markmg, and other miscellaneous items of work necessary
for the project. The proposed action would award the contract to Southland Paving Inc., and
authorize the Director of Public Works to expend all available funds to complete the pavement
maintenance work.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class l(c) categorical exemption pursuant to Section 15301, Existing Facilities, of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
11-1
8/04/09, Item-1L
Page 2 of 4
RECOMMENDATION
Council conduct the public hearing and adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
lncluded in the FY07/08 ClF Budget is a project to rehabilitate and preserve deteriorating
pavement throughout the city. The Public Works Department, through the Pavement
Management System, developed a priority list of streets to be included in the program. The goal
of the program is to extend the serviceability of the streets through the removal and replacement
of deteriorated sections of streets (dig-out) and the application of various types of surface
treatments, including asphalt concrete overlays, chip seals, and REAS sealcoats.
This project, funded by Prop IB monies, also requires that sidewalk improvement upgrades be
made part of the project. This includes new ADA compliant pedestrian ramps, curb, gutter,
sidewalk and driveways. The remaining surface treatment strategy, AC overlay, will complete
the overall maintenance strategy for these streets under the FY07/08 Pavement Rehabilitation
Program.
This project will also include ralSlng manhole covers and survey monuments, stnpmg and
pavement markings, traffic control, and other miscellaneous work, and all labor, material,
equipment, and transportation necessary to successfully complete the project. Attachment 1
shows the list of streets to receive the AC overlay surface treatment.
On July 20, 2009, the Director of Public Works received nine (9) bids for the "Pavement
Rehabilitation Program (Overlay) FY07/08 (STL335B)" project. The following bids were
received:
CONTRACTOR SUBMITTAL RESULTS TOTAL
SUBMITTED
Missing signed addendum and Letter
1 Koch-Annstrong Gen. of Authorizing Capacity. $1,722,620.00
Eng., Inc. - Lakeside, CA Mathematical error. Actual bid total:
$1,796,020.00
2 Southland Paving Inc. - Mathematical error. Actual bid total: $1,812,332.85
Escondido, CA 51,812,152.86
3 SRi\1 Contracting & All requirements met $1,818,870.00
Paving- San Diego, CA
4 Hazard Construction Co., - All requirements met $1,868,456.00
San Diego, CA
5 ABC Construction Co., All requirements met $1,878,840.14
Inc.- San Diego, CA
6 TC Construction Co.- All requirements met
Santee, CA $1,986,627.00
11-2
8/04/09, Item~
Page 3 of 4
7 Frank & Son Paving, lnc.- Mathematical error. Actual bid total: $1,891,941.00
Chula Vista, CA $1,856,841.00
8 Daley Corp.- San Diego, All requirements met $2,108,229.77
CA
9 Sim J Harris, Inc.- San All requirements met 52,130,000.00
Diego, CA
Koch-Armstrong Gen. Eng., lnc. of Lakeside, California, submitted the apparent low bid
proposal in the amount of $1,722,620.00. However, during the review of the bid proposal, staff
found that Koch-Armstrong Gen. Eng., Inc. had submitted an incomplete bid. Missing Letter of
Authorizing Capacity and the unsigned addendum were noted and is therefore deemed as an
incomplete bid submittal. The bid specifications render its bid non-responsive as prescribed in
Section 1009 of the City Charter. Staff recommends that Koch-Armstrong Gen. Eng., Inc. bid
be rejected.
Staff then reviewed the apparent second low bid proposal in the amount of 51,812,332.85
submitted by Southland Paving Inc. of Escondido, California. During review of Southland
Paving's bid proposal, staff found that the contractor had introduced a minor error in summing
up the bid total that favors the City's interest and was not significant.
Southland Paving Inc. submitted a letter acknowledging the mathematical error and agreeing to
decrease the lump sum bid total price to $1,812,152.86 (Attachment 2).
The bid submitted by Southland Paving Incorporated of Escondido, CA is below the Engineer's
estimate of $2,759,079.93 by $946,927.07 (44% below the Engineer's estimate); much of this
difference can be attributed to high degree of competition currently within the constmctlon
market. Design staff has verified the references provided by the contractor and has found their
work to be satisfactory. The Contractor's License No. 451191 is current and active. Staff will
negotiate with the Contractor the addition of streets to be overlaid in accordance with the Cities
pavement management program and field observations in order to take advantage of the low bid
prices obtained. The total amount of additional streets will not exceed the original Engineer's
estimate.
If approved, the proposed resolution would increase the Director of Public Works' cumulative
change order authority specified in City Council Policy No. 574-01 and authorize the DIrector of
Public Works to expend all available funds in the project WIthout further City Council action to
complete all the work required in the project.
Disclosure Statement
Attachment 3 is a copy of the Contractor's Disclosure Statement.
Wa2e Statement
The source of funding for this project is Prop lB fund. Contractors bidding this project are not
required to pay prevailing wages to persons employed by them for the work under this project.
11-3
8/04/09, ItemL
Page 4 of 4
Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similar facilities and,
therefore, there is not a material financial effect of the decision on the property holdings of the
City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and
18705.2(b)( 1).
FISCAL IMPACT
There is no impact to the General Fund as there are sufficient Prop lB funds in existing CIP
STL335 Pavement Rehabilitation necessary to complete the project. The Prop IB funds
proposed to be expended are part of the City's first year allocation already received from the
State. The project willl not be impacted by the proposed State take-away of $3.3 million from
the FY 2008/2009 which is pending. Any remaining Prop 1B balance after completion of the
project will be returned to the fund for reallocation.
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $1,812,152.86
B. Contingencies (Approx. 25%) $453,038.14
C. Staff Time & Testing Costs
1. Construction Inspection (Approx. 7.5%) $169,889.00
2. Design/Construction Management (Approx. 7.5%) $169,889.00
3. PlanninglEnvironmental/Traffic/Landscape/Public Works
(Approx. 2.5%) $56,630.00
4. Soil & Material Testing (Approx. 3.5%) $79,282.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,740,881.00
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will reqUlre only routine City street
maintenance.
A TT ACHMENTS
1. List of streets included in project
2. Contractor's Disclosure Statement
3. Southland Paving, Inc. letter dated July 21, 2009
Prepared by: Roberto Juan, Associate Engineer, Public Works Department
M:\Engineer\AGENDA\CAS2009\08-04-09\STLJ358 Al13 Pavement Rehab Prop IS Overlay R1.doc
11-4
~~~?-~~~~Jfi.i~'1irlAli:J~..l,.~'''''''''----~W'f~A~
ATTACHMENT
I
jj~~'iii,t'~':~._~;:~}~U'}~~..;".;''':'6J1
PAVEMENT REHABILITATION PROGRAM
(STL335B)
M:\General Services\DesignlAll Projects\STL\STL335B\STL335B Street Locations.xls
11-5
LOCATION LENGTH WIDTH AREA
# STREET (FT) (FT) (SF)
BEGIN END
PROP 1 B . ALL FUNDING TO BE SPENT BY DECEMBER 2009 (STL335BI
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ATTACHMENT
z.,
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 disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
I. . List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
(6'6Il1CrA.I1.LC~ .+I,,\",rJir1t
_~:be,-\- ie'UuWLI ViflO .a'oiAcMI--
,J' ,
~ ()iU _ Hi:0 ~ , ,r; er",-Ia l'-<i /ll'fttJlil^<-(L
. J
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.
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.
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.
~01-Y.:vd Flp~iL
~,'bex.J-- 1lfV11\J' 6 I
1
5. Has any person' associated with this contract had any financial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes----.: No---X-
.16
M:\General Services\Design\All Projects\STL\STL335B OverliYiS.21;335B Bid Specs and Contract.doc
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 A Yes _ If yes, which Council member? .
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of
Chula Vista in the past twelve (I2) months? (This includes being a source of income,. money to
retire a legal debt, gift, loan, etc.) Yes _ No )(
If Yes, which official" and what was the nature of item provided?
Date: '- \"U 'j ;) 00- J 2t{q
tdku
Signature of Contractor/Applicant
{jchllrff Pi//'1; PMVi&H
Print or type nanie of Contractor/Applicant
,
Person is defmed 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 ofa board, commission, or committee of the City, employee, or staff members.
17
M:IGeneral ServicesIDesignlAlI ProjectslSTLISTL335B Overl"f'TILj35B Bid Specs and Contract.doc
SOUfHLAND PAVING INC.
::::,:::.::~:..':::.:':::.::::::'::~:,:,:'.:,:,'.,::::..,::.:.::.:c..':'::;;rAC
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361 North Halo Avenue. Escondido. CA 92029.1716. Phone: 760-747-6895. Fax: 76D-141-1{](]1I
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LiCllRSll No. 451131
July 2], 2009
City of Chula Vista
Bett Juan
276 Fourth Ave
Chula Vista, Ca. 91910
Ref: Pavement Rehabilitation Overlay 07/08
To Whom it May Concern:
After reviewing the submitted bid per the aforementioned project, it has been noted that Southland
Paving, Inc. made minor mathematical errors when completing our bid. In regards to Item No. 22,
the total submitted was $30,725.80, the correct total should be $30,75 L80 which will reflect the
striping bid sheet breakdown. Also, Bid Item No. 23 was written incorrectly as $29,] 28.65 and
should be written as $29,622.66 to reflect the revised traffic control as per the bid sheet breakdown.
Southland's revised total, with corrections made is $1,812.152.86. We stand by this value as true
and correct and will accept this value as the bid award total.
Please find the striping and traffic control sheets as well as a revised schedule of values, attached.
Sincerely,
SOUTHLAND PAVING, INC.
1J~/{enbteJ
Bob Kennedy 7
Vice President
11-8
RESOLUTION NO. 2009-
RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING IRREGULARlTIES,
ACCEPTING BIDS, AWARDING CONTRACT FOR THE
"PAVEMENT REHABILITATION PROGRAM (OVERLAY)
FY 07/08 (STL-335B)" PROJECT TO SOUTHLAND
PAVING, INCORPORATED IN THE AMOUNT OF
$1,812,152.86, AND AUTHORlZING THE EXPENDITURE
OF ALL AVAILABLE FUNDS IN THE PROJECT
WHEREAS, City staff prepared specifications for the "Pavement Rehabilitation Program
(Overlay) FY07/08 (STL335B)" and advertised the project on June 26, 2009; and
WHEREAS, on July 20,2009, the Director of Public Works received nine (9) sealed bids
for the project as follows:
CONTRACTOR SUBMITTAL RESULTS BID
AMOUNT
Missing signed addendum and
1 Koch-Annstrong Gen. Eng., Letter of Authorizing Capacity. $1,722,620.00
Inc. Mathematical error. Actual bid
total: $1,796,020.00
2 Southland Paving Inc. Mathematical error. Actual bid $1,812,332.85
total: $1,812,152.86
, SRl\i[ Contracting & Paving All requirements met $1,818,870.00
~
4 Hazard Construction Co. All requirements met $1,868,456.00
5 ABC Construction Co., Inc. All requirements met $1,878,840.14
6 TC Construction Co. All requirements met $1,986,627.00
7 Frank & Son Paving, Inc. Mathematical error. Actual bid $1,891,941.00
total: $1,856,841.00
8 Daley Corp. All requirements met $2,108,229.77
9 Sim J Harris, Inc. I All requirements met $2,130,000.00
WHEREAS, during the review of the bid proposals, the low bid submitted by Koch-
Annstrong Gen. Eng., Inc. of Lakeside, CA in the amount of $1,722,620.00 was deemed to bean
incomplete bid, due to the missing Letter of Authorizing Capacity and an unsigned addendum;
and
WHEREAS, staff, therefore, recommends that Koch-Annstrong's bid be rejected as non-
responsive pursuant to City Charter Section 1009; and
11-9
-
WHEREAS, staff reviewed the second low bid proposal in the amount of$I,812,332.85,
submitted by Southland Paving Inc. of Escondido, California and found a minor mathematical
error in the bid total; and '
WHEREAS, during its review of the second apparent low bid, staff concluded that the
mathematical error favors the City's interest and was not significant; and
WHEREAS, Southland Paving Inc. submitted a letter acknowledging the mathematical
error and agreeing to decrease the lump sum bid total price to $1,812,152.86; and
WHEREAS, the second low bid by Southland Paving Inc. is below the Engineer's
estimate of $2,759,079.93 by $946,927.07 (44%). Staff has verified the references provided by
the contractor with satisfactory results. The contractor has performed various work for the City
of Chula Vista and other Cities and Counties and their work has been satisfactory; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the irregularities, accept bids, and award contract for the "Pavement
Rehabilitation Program (Overlay) FY07/08 (STL335B)" project to Southland Paving Inc. in the
amount of$I,812,152.86.
BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does
hereby waive Council Policy 574-01 and authorize the Director of Public Works Operations to
approve change orders as necessary and expend all available funds in the project.
Presented by
Richard A. Hopkins
Director of Public Works
11-10
MEMO
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CITY OF
(HULA VISTA
Department of Public Works
File: STL335B
DATI,:
August 3, 2009
TO:
FROM:
The Honorable Mayor and City Council
Jim Sandoval, City Manager~ ,,;>7:
Scott Tulloch, Assistant City~nager
R. A. Hopkins, Director of Public Works
Iracscma QUi~Jtant Dircctor of Engineering
VIA:
SUBJECT:
Waiver of Minor Irregularnies, Acceptance, and Award of thc Bid for
"Pavcment Rehabilitation Program (Overlay) Fy07/0S" Project (CIP No. STL-
335B) to Southland Paving, Inc.
This hearing being held today is to waive minor irregularities in the bid submitted by Southland
Paving. Though Southland Paving was the 2"d lowest bidder, the lowest biduer had several
significant omissions from their bidding uocuments.
Prior to this Council Hearing, Chris Armstrong of Koch-Annstrong requested a bid protest
hearing (see Attachment I). The hearing was hcld on July 30th at I I :00 am in Engineering
Conference Room 146. Following the hearing, staff reviewed all of the documents submitteu,
the faets presented, and the argumcnts made by the rcprcsentatives of Koeh-Annstrong.
Considenng all ofthc evidence, staff concludcd that thc omissions 1,'om the bid uocumcnts WCI-e
not minor or technical errors, but errors that could potentially put the City at risk if the contractor
chose not to perform. The original decision to rcject the bid as Illcomplcte and non-rcsponsive
was, therefore, uphcld. The speci tic dctails are addressed in the attached letter (Attachment 2)
from David Miller, Deputy City Attorney to Mr. Armstrong.
For clarification purposcs, the scope of the public hearing scheduled for award of the Pavement
Rehabilitauon Program (Overlay) FY0710S Project is limited to whcther the Council deten11lnes
that they will waive the minor irregularities in thc Southland Paving Bid. According to the City
Charter Section 1009, such a hearing is requircd to waivc minor ilTegularities founu in thc
second low-biu submitted by Southland Paving, Inc.
Attachments
cc: David Miller, Dcputy City Attorney
i..! :\I:ngincer\AGEl\:DA \]nforrlmtion l\cms\tl.lisc\Public hearing STL335B.dnc
JUL/23/2009/THU 09:39 AM Koch Arms~rong Eng
FAX No, 619-561~0317
p, 002/002
ATTACHMENT I
P.O. Bax 1190, lakeside, CA 92040
Tot (619) 561-2005 . ~ (619) 561-OS~7
July 23, 2009
City of Chula Vista
Director of public Works/City Engineer.
276 Fourth Avenue
Chula Vista, CA 91910-2631
Re: Pavement Rehabilitation Program (overlay) FY 07/08
Subject: Protest of Koch-Armstrong Bid Rejection
Gentlemen:
This ietter Is in response to the telephonic notification we received on w.eanesday, July 22, tt)at the City intends
to reject our low bid for the above referenced project, We understand the reason for the intended rejection is that we
submlttedan'unsigned addendum with our bid.
For the follOWing reaSOns we believe the City should consider this omission of signature as a minor, technical
irregularity, having nO practical effect upon the responsiveness or vaiidity of our submitted bid, and, award the contract
to Koch-Armstrong General Engineering, ' "
Reason #1: We acknowledged receipt ofthe City's faxed addendum by returning the Telefax Cover
Letter on July 15.
Reason #2: We submitted our bid on the revised bid proposal forms'6A, 7 A and SA which were a part of
the addendum,
Reason #3: We submitted a hard copy of the addendum with our bid, albeit unsigned.
Reason #4: The addendum itself says that the addendum waS to be signed "."during the bid opening,"
City representatives who' opened the bids did not request nor offer the opportunity for cOntractors. to.
sign the addendum during the bid ooening, We b~lieve this was a defiCiency on the Port of the City.
We submit that these reasons are prima facie evidence that we aclmowledged and demanstrated to the City
'that we had both received and taken Into full conslderatian the addendum when we subrT)itted our bid.
We ask that you reconsider your intention to reject our low bid and waive the signature omissioti,as a minor
irregularity, If, after considering the foregoing, you still intend to reject our bid, pl!,ase advise us of the next step in the
appeal process. . .
Sincerely,
~~ent
ATTACHMENT
~
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(llY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
July 24,2009
File: 0735-10-STL335B
Mr, Christopher Armstrong, Secretary
Koch-Armstrong General Engineering, [ne.
P,O. Box 1190
Lakeside, CA 92040
REJECTION OF THE BID PROPOSAL FOR "PAVEMENT REHABILITATION PROGRAM (OVERLAY)
FY07/08" PROJECT (CIP No. STL-335B) SUBMITTED BY KOCH-ARMSTRONG GENERAL
ENGINEERING, INC
This letter is to inform you that the Public Works Department of the City of Chula Vista has made a final
detennination with respect to your bid protest, submitted by letter dated July 23, 2009 (attachment 1). In order
to make sllch a determination, staff has review all of the documents submitted, the facts presented, and the
arguments made at the hearing held on July 30,2009 ih Engineering Conference Room 146. Below, we will
briefly address the bid review and each of the issues your finn raised in support of your position that the bid
~submitted by Koch-Armstrong General Engineering, Inc. (referred to herein as "Koch-Armstrongf!) should
not be rejected as unresponsive.
On July 20, 2009, the Director of Public Works received 9 sealed bids for the "Pavement Rehabilitation
Program (Overlay) FY07/08" project. Following the bid opening, staff reviewed tile three lowest bids. During
this review, it became apparent that the lowest bidder, Koch-Affilstrong, failed to adhere to cerrain submittal
requirements, and staff determined that the bid package was incomplete. The reasons for the detennination
were as foIlO\.\'s:
. The "Addendum No.1" enclosure was not signed as required in the bid Proposal Requirements and
Conditions.
. The bid package submitted did not contain the required "Letter of Authorizing Signature"
In your letter and during the hearing. you indicated reasons why the City need not adhere to these submittal
requirements and. therefore, should consider Koch-Annstrong's bid to be responsive, Your arguments will be
addressed individually below:
1. The lack of a signature is a fonnality.
On all public works contracts with the City, signatures are necessary in order to make the contract
enforceable. Addendurns, like amendments, are considered changes to or clarifications of the original
contract. Though an original contract may have already been signed, absent a signature on the addendum
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691.5037' FAX (619) 409-5823
." "'-....._..-.._-_...~..._-
Final Detemlination Kocb-.'1.nllstrong
July 24,2009
- 2 -
or amendment, such change or clarification would not be considered to be part of the contract.
2. Language of the addendum is contradictory in that it reads in two sections that"THIS ADDENDUM
MUST BE SIGNED AND SUBMITTED WITH THE BID PACKAGE", it also reads that "Your bid
package will be non-responsive and you will be a non-responsible bidder without signing and submitting
this addendum during the bid opening,"
Of nine total bidders, only Koch-ArmstTong failed" to submit a signed addendum with the bid package.
This fact would indicate that the average individual did not tlnd the statements to be confusing. The
language requiring a signed addendum be submitted with the bid packet was printed in all capitals, bold,
and underlined type. It was placed at both the beginning and end of the document. Additionally, any
bidder that may find a bid requirement confusing has the opporrunity to ask the staff for clarification.
Clarification is sent out as an addendum. The first addendum was such a document.
3. The error was a good faith error.
Errors, regardless of the intent behind them are errors nonetheless. Thus, this argument is irrelevant.
4. The missing ':Letier of Authorizing Signature" was a redundant request and in addition, the signer is
established by the corporate documents.
Page 4 of the bid package reads "[t]he following bid documents must be completed and submitted with
the bid:... 2. Provide letter (Individual, Co-Partnership, or Corporation) authorizing capacity(ies) for
signing all official documents. As ;'must" is a word ofmandatc, such mandate is requireo-to be follc...ed.
Though the signer may be established by the corporate documents, such corporate documents were not
submitted with the bid. Without evidence of the autbority, the City is at risk ofbaving all unenforceable
contract.
5 An award of the contract to Koch-Annstrong would save the City $34,000.
Ifprice were the only factor in detennining to whom a bid should be awarded, there would not be a tenn
I
"non-responsive bidder." By considering only the lowest price, a City would be at risk of experiencing
major contract disputes.
10 short, the bid package reads "Proposals may be rejected if they sh01ll any alterations oJform, additions not
called for, conditional or altel'native bids, incomplete bids, erasures, or irregularities of any /....--ind. " (see
attachment 2). Either the absence of the signature on tbe addendum or the failure to provide the "Letter of
Authorizing Signature" would, by itself, make the bid incomplete. In addition, the nature of these failures
potentially affects the City's ability to enforce the contract.
CITY OF CHULA VISTA
;...'C; h"_C:,,,,,,,.,,~~,,~'J:,,<t
Final Determination Koch-Annstrong
July 24,2009
- 3 -
Thus, the City has little choice but to find the bid "non-responsive" and award the contract to the next lowest
bidder.
If YOlillLe an.v filr,;;;:' qu~s( I~;.;2obeI1o Yano Sr. Civil Engineer at 6 I 9-207-91 95.
,Il "./ >1/ / .
)~:(,/~t>/ t/
David Mille
Deputy Ci Attorney.
\
cc: Rick Hopkins. Director of Public It/arks / City Engineer
Kirk Ammerman, Principal Civil Engineer
Roberto Juan, Associate Engineer
Roberto Yano, Sf. Civil Engineer
-),
CITY OF CHULA VISTA
"-,:..C"",c.r.~,;;,~""",,,",
THERE IS NO BACKUP MATERIAL FOR
ITEM #13 A, B & D
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ON OF
CHUlA VISTA
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
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Thursday, July 23, 2009
TO:
Steve Castaneda, Rudy Ramirez and Pamela Bensoussan
FROM:
Cheryl Cox, MaYOI~
The allached list of City Council Regional Commillee Assignments was approved by the City
Council in January 2009.
On .luly 21, 2009, the City Council formally accepted MI'. McCann's noticc of dcploymcnt on
military duty. It also accepted thc California Military and Veterans Code provision that allows
him to be reinstatcd to the City Council upon his return to Chub Vista after his military
assignment has concluded.
I recommend that at thc City Council meeting of August 4, 2009, the City Council review
Mr. McCann's Commillee Assignments ancl determine the assignments that can be assumed by
Mr. McCann's colleagues during his prolonged absencc from the City Council.
c")('") Ell
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DEPUTY MAYOR MCCANN
I. Inter-Agcncy Water Task Force
Cox, RAMIREZ and BENSOUSSAN are eligible.
2. Otay Valley Regional Park Policy Committee and Preserve Owner Manager (PaM)
BENSOUSSAN is current Alternate.
CASTANEDA is eligible to be Member or Alternate.
3. South County Economic Development Council (EDe)
RAMIREZ is current Altcrnate.
Cox, CASTANEDA and BENSOUSSAN are eligible to be Member or Alternate.
4. SANDAG Board of Directors - 151 Alternate
RAMIREZ al1llBENSOUSSAN are eligible.
MA YOR COX
. Automated Regional Justice Information System (ARJIS)
. City/Schools Task Force
. Chula Vista Vcterans Homc Support Foundation
. Metropolitan Wastewater Commission
. SANDAG Board of Directors
. U.S. Conference of Mayors
COUNCILMEMBER RAMIIUcZ
. International Council for Local Environmental Initiatives (lCLEI) -Alternatc
. South County loconomic Development Council (EDC) - Alternate
. Chula Vista Veterans !-lome Support Foundation - Alternate
COUNCILMEMBER BENSOUSSAN
. City/Schools Task Force
. International Council for Local Environmental Initiatives (lCLEI)
. Otay Vallcy Regional Park Policy Committee and Preserve Owner Manager (pOM)-
Alternate
. SANDAG Bayshore Bikeway Committee
COllNCILMEMBER CASTANEDA
. Inter-Agency Water Task Force
. Metropolitan Transit Systcm Board of Directors (MTS) - Alternate
. Metro Wastewater Commission (Metro Commission) - Alternate
. SANDAG Board of Directors _2nd Alternate
. SANDAG Energy Working Group - Alternate
2
/3c-;;l.....
RESOLUTION NO. 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXPRESSING ITS SUPPORT FOR SAt"!
DIEGO GAS & ELECTRIC'S EMERGENCY POWER
Sf-ruT-OFF PLAt"! MID ENCOURAGING THE
CALIFORNIA PUBLIC UTILITIES COMMISSION TO
APPROVE THE PLAN FOR THE SAFETY OF THE
CITIZENS OF CHULA VISTA
WHEREAS, both devastating wildfires in San Diego County in October 2003 and
October 2007 created a tremendous hardship for local, regional, and state firefighting resources;
and
WHEREAS, the wildfires of 2003 and 2007 originated in the rural backcountry of San
Diego County and spread rapidly to the west into more populated areas of the City Of Chula
Vista; and
WHEREAS, the evacuation of several hundred thousand residents of San Diego County
was required at the time of the wildfires, as well as the deployment of the majority of the City Of
Chula Vista's Fire Department; and
WHEREAS, in an effort to ensure that new fire safety recommendations are implemented
each year, Governor Schwarzenneger established a Blue Ribbon Task Force on June 29, 2009;
and
WHEREAS, the Task Force recognizes the critical role of timely emergency notification
of the public of imminent threats and recommends that local governments prioritize the
development of appropriate early warning systems to address the needs of their communities;
and
WHEREAS, with the annual fire season approaching, the City Of Chula Vista reviews
existing and new fire safety policies and procedures annually in an effort to prepare for and
properly respond to wildfires; and
WHEREAS, San Diego Gas & Electric's Emergency Power Shut-Off Plan ("Plan") is a
new fire safety option that would temporarily disconnect electricity service in areas of San Diego
County where extreme fire and weather conditions create a high risk of wildfires; and
WHEREAS, the Plan would only be used as a last resort to prevent catastrophic fires
whcn all five of the following conditions are met: moisture level in "non-living" fuel is ten
percent or less; moisture level in "live" fuel is seventy-five percent or less; relative humidity is
twenty percent or less; the National Weather Service declares a Red Flag Warning; localized
wind speeds are sustained at 35 mph or 55 mph gusts or greater with 30mph sustained winds;
and
WHEREAS, San Diego Gas & Electric, as part of the Plan, is committed to working with
stakeholders to minimize the impact of any power outage by providing backup generators,
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opening community care centers, and coordinating with fire, law enforcement,
telecommunications companies, and the County Office of Emergency Services; and
WHEREAS, while Chula Vista may be entering another fire season during serious
drought conditions, it is important for the City to consider all options for preventing fires and
allocating resources to protect Chula Vistans;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby expresses its support for San Diego Gas & Electric's Emergency Power Shut-Off
Plan.
BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista
encourages the California Public Utilities Commission to approve this plan for the safety of the
citizens of Chula Vista.
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Steve Castaneda
City Councilmember
Appfoved as t
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Presented by
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Application of SAN DIEGO GAS & ELECTRIC)
COMPANY for Review of its Proactive De- )
Energization Measures and Approval of Proposed)
Tariff Revisions )
(U 902-E) )
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Available at www.cpuc.com
BEFORE THE PUBLIC UTllJTIES COMMISSION
OF THE STATE OF CALIFORI'IIA
Application No. 08-12-021
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SAN DIEGO GAS & ELECTRIC COMPAt'lY (U 902-E)
INFORMATIONAL FILING [N RESPONSE TO SCOPING MEMO
March 13,2009
#228436
LISA G. URICK
KEITH W. MEL VILLE
Attorneys for:
SAN DIEGO GAS & ELECTRIC
COMPANY
10 I Ash Street
Post Office Box 183 I
San Diego, California 92112
(619) 699-5070 (Urick)
(6 I 9) 699-5039 (Melvi!!e)
(619) 699-5027 facsimile
Lurick02semora.com
Kmelville@sempra.com
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BEFORE THE PUBLIC UTILITIES COiVLvIlSSION
OF THE STATE OF CALIFORNIA
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Application of SAN DIEGO GAS & ELECTRIC)
COMPANY for Review of its Proactive De- )
Energization Measures and Approval of Proposed)
~ff~~~ )
(U 902-E) )
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Application No. 08-12-021
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SA!'" DIEGO GAS & ELECTRIC COi.YIPA.l'YY (U 902-E)
INFORMATIONAL FILING IN RESPONSE TO SCOPING MEMO
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Pursuant to the Rules of Practice and Procedure of the California Public Utilities
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Commission ("CPUC"), including Rule 1.11, and the February 26, 2009 Scoping Memo
issued in the above-entitled proceeding, San Diego Gas & Electric Company (SDG&E)
has prepared its verified "Informational Filing" (see, Scoping Memo, pp. 11-13). A
notice of availability ofthis document is being served on all parties in the service list to
this proceeding (due to its file size). This Informational Filing will also be posted on
SDG&E's web page where it can be viewed by all customers or other interested persons.
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INTRODUCTION
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In accordance with the Scoping Memo issued in A.08-12-021, San Diego Gas & Electric
Company provides the California Public Utilities Commission with the following
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Informational Filing, which responds to the questions posed in the Seoping i'viemo and
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provides additional background and context related to improving fire safety and
preparedness.
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SDG&E's Emergency Power Shut-Off plan (known formerly as proactive de-
energization), is part ofSDG&E's Community Fire Safety Program, which is intended to
improve fire safety within SDG&E's service territory. The intent of this new program is
to eliminate a potential ignition source during extreme weather conditions when fire risks
are high.
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San Diego is not alone in experiencing the impacts of significant changes in climactic
conditions and increased risk oflarge wildfires like those 'experienced in Southern
California in 2003 and 2007. Other parts of California, the United States and other
countries throughout the world are experiencing similar raging fires that are fueled by dry
vegetation, drought conditions and wind. The recent wildfires in Australia are yet
another example that has the scientific community closely watching to better understand
the impact climate has on weather, drought and wildfires. SDG&E began a
comprehensive effort to address fire safety issues for our customers given these
circumstances.
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California has been in near-drought conditions for the past eight to ten years, and the fire
agencies have declared that the "fire season" is now virtually year-round. The Governor
last month proclaimed a state of emergency due to water shortages and noted that
continuing drought conditions increase the risk of devastating fires.' This proclamation
is consistent with the Governor's Executive Order S-06-08 issued in 2008, which
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declared a state of emergency due to drought conditions, and noted the extreme fire
danger in California.'
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According to a study by scientists at Scripps Institution of Oceanography at the
University of California, San Diego, wildfires appear to be connected to natural cycles
and may be part of a chain of reaction to climate change, Further, a report by the
California Climate Change Center predicts that large scale wildfires in California could
increase by 55% in this century due to changes in temperature and precipitation3 These
conditions are real, impact our quality of life and require a steadfast commitment to
safety for the entire community.
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SDG&E's Community Fire Safety Program is a broad-based effort to educate the public
and implement measures to improve fire safety in oLlr region. Key elements of the
1 http://gov.ca.gov/proclamation/l1557!
~ http://goy.ca.gov lexecuti ve-order/9797/
3 "Our Changing Climate"; California Climate Change Center; 2006;
http://www.energy.ca.gov/2006pub lieati ons/CEC- 5 00-2006-077 ICEC- 500- 2006-077.PD F
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Community Fire Safety Program include; (I) strengthening selected overhead power lines
well beyond normal standards by replacing many wood poles with stccl; (2) expanding
inspections of overhead facilities, both on the ground and in the air; (3) disabling
automatic switches that would normally restore power automatically after an outage; (4)
restoring power only after a safety inspection; (5) enhanced vegetation management; (6)
staging crews for quicker response; (7) proactively turning off power for safety reasons;
(8) utilization of the Emergency Operations Center during emergency power shut-offs;
and, (9) communicating with customers throughout the year on safety and preparing for
potential power emergencies: among other actions.
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SDG&E is also working with the Commission by examining a number of other statewide
safety improvements as part of the Electric Safety OIR, R.08-11-005. SDG&E believes
that this proceeding should result in rule changes intended to improve safety in the design
and operation of the electric system, address pole overloading concerns, and vegetation
management policy. Feedback in this proceeding from other utilities, telecommunication
providers: fire agencies and other stakeholders is vital to the overall success to improve
safety and complements SDG&E's Application for the Emergency Power Shut Off plan.
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The Emergency Power Shut Off plan was initiated to improve safety for all customers by
proactively turning off power lines during extreme weather conditions for customers who
live in hazardous fire areas when fire risks are high to eliminate a potential ignition
source. [t is during these critical times that wildfires have the ability to rapidly spread
and lorce the evacuation of hundreds of thousands of people. Because this is a new
program, SDG&E recognizes that, through the Application process, workshops, public
input, community open houses and agency consultation, suggestions may arise that could
change the plan. SDG&E welcomes any suggestion that would improve the safety of the
electric system, enhance communication with customers and reduce restoration times
without compromising safety.
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Moreover, conditions in the external environment (e.g., weather, drought, brush
overgrowth, housing location and construction) are factors that could intluence the size
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and scope of the plan. SDG&E intends to provide an annual update to customers - and to
the Commission - of the Emergency Power Shut Off map, add more weather stations for
more precise data collection, consult with fire agencies and other emergency responders
and communicate with customers on an ongoing basis. SDG&E's earlier interim
estimates indicated that the number of customers potentially impacted by the plan range
between approximately 45,000 and 60,000 customers. SDG&E's current estimate of
potentially affected customers is approximately 60,000 or about 4 percent ofSDG&E's
1.4 million customers. SDG&E will firm up this estimate on April 3, 2009, consistent
with the Commission's adopted schedule for this proceeding.
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The approximate number of potentially affected customers may increase in the future if
the area involving weather-related and fire hazard conditions expands as determined by
CAL FIRE or other fire protection agencies. However, it is important to point out that
only a fraction (approximately 8,000 - 10,000) of the customers who could be affected
would actually be shut off in any given year, event or in any proactive outage. Power
would only be shut offto customers within a localized area where the risk of fire is
determined to be high by CAL FIRE or other fire protection agencies. While the plan
will be in effect year-round, SDG&E anticipates the impact to be over a period offour to
six months out of the year, during the highest risk fire season.
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SDG&E has continued to refine its plan, in consultation with fire and weather experts.
We are continually refining our criteria based on these consultations. Since the initial
filing in December 2008, an adjustment has been made to the fine fuel moisture trigger to
provide a more appropriate level of safety and will include a measurement that is less
than or equal to 10%. In addition, it should be noted that the Remote Automated Weather
Station (RAWS) wind speed data is adjusted by approximately 15% to account for the
fact that RAWS data is measured at six meters above ground level and SDG&E's triggers
are selected to correspond to higher wind speeds experienced at the approximate height
of its facilities, (ten meters). This value also provides a more accurate representation of
the weather conditions impacting our facilities and provides for a more appropriate level
of safety. SDG&E's plans to install additional weather stations and RA WS stations will
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provide greater accuracy and capture historical data that will benefit the plan, the
National Weather Service, fire fighting agencies and the public.
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With respect to the overall cost of implementing the Emergency Power Shut Off plan,
SDG&E anticipates the cost for implementing the 2009 plan will be funded through
operational efficiencies and does not require SDG&E to seek additional funding for
implementing the 2009 plan. The estimated costs of this plan are modest compared to the
fire-fighting costs and estimated property damage experienced during the wildfires in
2007.
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SDG&E's 4,100 square mile service territory, which covers San Diego and southern
Orange counties, encompasses vast undeveloped areas including national forests, state
parks, open space habitat, county parks and private land. These areas are relatively close
10 heavily populated urban and suburban areas making the greater San Diego region
vulnerable to wildfires. Open space areas historically have provided opportunities for
catastrophic wildfires to start from any number of causes such as lightning, campfires and
motorized equipment and rapidly spread to concentrated residential areas with little
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warning.
For decades, federal, state and local fire agencies have been successful in controlling and
extinguishing the majority of fires in the region. Yet, when climate and fllel conditions
are extreme, wind-driven wildfires can become uncontrollable, such as those that
devastated Southem California in 2003 and 2007 and have recently ravaged parts of
Australia. Fires such as these are difficult to SlOp until they run out offuel or the winds
die down, or both. Over the past decade, wildfires in San Diego County alone have
impacted lives, caused billions of dollars in damage, strained fire-lighting resources and
damaged the environment. Both the 2003 and 2007 wildfires caused widespread power
outages that left clIstomers without power for several days. fn some cases, due to
extensive d~mage to the electric system, people living in the most remote and rugged
areas were without electricity for weeks before the power delivery system could be
rebuilt.
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In the San Diego region, Santa Ana winds are a regular occurrence in the fall and early
winter. These strong, dry, offshore winds are endemic to this region and provide an
environment for rapidly spreading fires. Such winds historically have led to some of
southern California's largest and most damaging fires. The Commission, SDG&E and all
customers should take every necessary precaution to reduce potential ignition sources and
have emergency plans in place.
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SDG&E representatives have met with public agencies, firefighting agencies, emergency
responders, CAL FIRE, the San Diego County Office of Emergency Services, the
American Red Cross and customers to solicit feedback and address concerns about the
plan and the impact of a potential power outage. The Application process is providing an
additional venue where issues concerning special-needs customers, water reliability,
schools and others are addressed.
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Starting in 2008, SDG&E has met numerous times with the impacted water utilities,
communications companies, schools aod other essential use customers. These efforts
have been in addition to the outreach efforts provided to the general group of customers.
SDG&E stands ready to work with water utilities, communications providers, schools
and other customers affected by the Community Fire Safety Program on a one-on-one
basis.
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SDG&E is particularly concerned with special needs customers and is committed to
meeting their needs by providing medical transportation service, establishing customer
care centers, and providing modest financial aid to cope with an Emergency Power Shut-
Off event. SDG&E is also very concerned with schools and will discuss with the school
districts options to address their needs, including the safety of children. SDG&E will
work with water agencies; communication companies and fire fighting agencies to
identifY facilities of greatest importance and assess their needs as well.
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With respect to the telecommunication providers, SDG&E is aware that
telecommunications service (wire, wireless, Internet) is a vital part of an overall
emergency preparedness plan for customers and critical to San Diego County's
AlertSanDiego program that utilizes reverse 9-1-1 in an emergency. SDG&E
representatives first met with telecommunication providers last fall to advise them of the
program and shared historical weather related data and mapping information. SDG&E
also developed notification protocols that would give telecommunication providers
advanced warning of a potential power outage at their critical facilities so that they can
respond to a power emergency.
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The three technical workshops scheduled in March and the additional workshop in April
should provide a productive venue for vetting potential solutions before the Emergency
Power Shut-Off plan is implemented September I, 2009. Public participation hearings in
April will also provide feedback which will be considered.
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As an additional communication tool, individual customers, such as residential
customers, can identify which weather stations would impact their account by entering
their address on the interactive map available on SDG&E's website
(www.sdge.com/tireprepl) or by calling SDG&E's Customer Contact Center (1-800-411-
SDGE (7343). Tne website also allows customers to monitor for themselves the
conditions at each ofthe weather stations that could impact their service.
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As noted above, SDG&E is taking a wide variety of steps to maintain the safety of its
electric power system. A power delivery system, particularly those portions located in
dry, windy areas is vulnerable to extreme fire weather conditions. SDG&E believes that
limited power outages on an infrequent basis in high-risk areas, triggered only under
extreme weather and fuel conditions and after taking other precautionary steps, are a far
less costly outcome than widespread damage to private property, local infrastructure and
the electrical transmission and distribution systems. The Emergency Power Shut Off
plan as part of SDG&E's broader Community Fire Safety Program is vitally important to
the health, safety and welfare of our community.
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SDG&E'S COMMITMENT TO ENHANCING
EMERGENCY PREPAREDNESS IN THE REGION
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A ~ Sempra Energy utiml
To help prevent future wild fires in the region, SDG&E may activate the Emergency Power Shut-Off Plan (EPSO)
during the most extreme weather conditions. We do not expect these conditions to happen more than once or twice
a year, and the power outages would affect 70,000 customers or less. But emergencies can also happen at
anytime and SDG&E is prepared to help our region's emergency readiness, no mailer what disaster strikes.
Customer service and safety are paramount, especially when the lights go out. To help customers prepare for a
power outage and improve the region's overall preparedness, SDG&E is doing and will provide a number of
community benefits and customer assistance programs at a cost of up to $40 million or more as part of the EPSO
plan, conditioned upon regulatory approval.
Helpinq Customers With Special Needs - $1.7 to $3.5 million
. Community Care Centers with .the American Red Cross - will be opened before, during and after an
EPSO event to provide food, water, back up power and timely information on when power will be restored
and help people during a power outage.
. Transportation for Medically Sensitive Customers - to and from a location at no charge during an
EPSO event.
. Financial Assistance - valued up to a $250 debit card for all low income and medically sensitive
customers impacted by an EPSO event.
. Enhanced Customer Outreach - to the disabled community including San Diego Regional Center, San
Diego Center for the Blind and Deaf Community Service plus implementing new text communication for the
hearing impaired.
Emerqencv Generators for San Dieqo County - $6.5 Million
. Emergency Generators for Critical Water Facilities - SDG&E is committed to providing a back up
emergency generator pool that includes 6 large generators and pre-wiring of transfer switches at 20 critical
sites to support rural water districts in the County.
. Emergency Generators for San Diego County Schools - SDG&E is committed to providing a back up
emergency generator pool that includes 15 portable generators and pre-wiring of transfer switches at all
schools located within the EPSO area.
Electric Infrastructure Improvements - $30 million
. Installing Over 140 Advanced Technology "PulseCloser" Switches - in the mountain and inland
regions to detect outages, enhance safety and help restore power faster.
. Lilac Transmission Enhancements in North County - to reduce customer impacts, improve reliability
and help maintain service at critical water facilities in the Valley Center area of North County.
. Replacing Wood Poles with Steel Poles - in high fire risk areas to improve reliability and maintenance
(cost not included).
. Borrego Springs Emergency Generator - will provide additional reliability to.the community in the event
of a loss of power to SDG&E's transmission line that feeds the area.
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SDG&E'S COMMITMENT TO ENHANCING
EMERGENCY PREPAREDNESS IN THE REGION
. Expanded Inspections and Tree Trimming - to improve safety and reduce the risk of fire.
Enhanced Reqional Fire Fiqhtinq Capability
. High Capacity Helicopter - SDG&E is purchasing a high lift capability helicopter for construction of the
Sunrise Powerlink starting in 2010. The helicopter will be equipped with fire fighting capability which can be
deployed under cooperative agreements in coordination with fire fighting agencies, County of San Diego
and others.
Coordination With Other First Responders
. Communication and Coordination are Critical- and SDG&E is committed to communicating and
coordinating with the County of San Diego, fire fighting agencies, law enforcement and communication
companies' and other emergency responders.
. Mapping and Weather Station Information - will be provided in advance to ensure other first responders
are ready before an emergency or loss of power occurs.
. Enhanced Notification - so that first responders, including communication companies have the ability to
respond faster to any emergency or EPSG event.
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About the Community Fire Safety Program
r~
A ~ Sempra Energy utility'
Overview
SDG&E is taking a number of steps to improve safety and reduce the potential for fires during the
high risk fire season in San Diego County and south Orange County. Catastrophic wildfires fanned
by the seasonal Santa Ana winds are becoming more common in the region due to the extremely
dry conditions caused by a prolonged drought in Southern California. After consulting with Cal-
Fire and other fire-fighting agencies, law enforcement and others, we have made several changes
to our facilities, operations, and procedures.
Key Elements of the Program to Improve Safety
1. Increased inspections, vegetation management & tree trimming
2. Enhancing the electric system
3. Disable automatic switches
4. Staging crews during Red Flag Warnings
5. Expanded customer outreach & preparedness
6. Emergency Power Shut Off
In response to a request from the California Public Utilities Commission (CPUC), SDG&E filed an
application in 2008 outlining the emergency shut-off plan. The proposed shut-off plan
would potentially affect about 4 percent of SDG&E's 1.4 million customers, most of who live in
eastern San Diego County.
Under the plan, power lines would be turned off only when five extraordinary weather conditions,
measured by the National Weather Service and fire-fighting agencies, occur at the same time.
We do not expect these conditions to happen more than once or twice a year, and the power
outages would affect 10,000 customers or less. If ordered to restore power for safety reasons,
we will do so after checking for safety. The Commission is expected to make a decision on the
plan in August 2009, before the start of fire season.
Helping Our Customers
To help prepare our customers, SDG&E with the American Red Cross will open Community Care
Centers to provide food, water and vital information. SDG&E has offered to provide generators to
schools, water facilities as well as assisting communication companies. For customers with
special needs, financial assistance will be provided and transportation will be offered to
customers with medical needs.
Safety is our top priority, not only during the fire season but year-round as well. Our mission in
the area of fire safety and preparedness is to be ready when fire potential is high, while still
delivering safe and reliable energy.
v.1.71009
If/! -/if
Donna Norris
Page 1 of 4
If/JDf 1Io/J/jL /1f/f0tf/JJ/J77CAJ
/ Te/Yl //f f}
Sam.Attisha@cox.com
Monday, August 03, 2009 5.24 PM
Cheryl Cox; Rudy Ramirez; Steve Castaneda; Pamela Bensoussan; John McCann
Jim Sandoval; Bart Miesfeld; Donna Norris; Michael Meacham; Esther.Northrup@cox.com;
Joe.Gabaldon@cox.com; Ileana.Ovalle@cox.com; MyMy.Lu@cox.com
Subject: City Council Agenda Item 14A, August 4, 2009 - Request Opposition
Attachments: image006.gif; image005 emz; image004.gif; image003.emz; image002.jpg; image001.jpg;
image008.emz; image010.emz
From:
Sent:
To:
Cc:
c
August 3,2009
The Honorable Mayor Cox and Council Members:
City ofChula Vista
276 Fourth Avenue MS A-IOO
Chula Vista, CA 91910
Re: City Council Agenda Item 14A, August 4,2009 - Request Opposition
Dear Mayor Cox and Council Members:
This letler is submined on behalf of the San Diego County Superintendent of Schools, (the "School
Districts") a coalition of Water Districts within San Diego County, back country rcsidents, consumer groups and
communications service providers opposing the proposed resolution by the Council of the City of Chula Vista
("City Council") to support San Diego Gas & Electric's ("SDG&E") proposed power shut-off plan ("Plan").
SDG&E's Plan is couched as a fire prevention mcasure: however, SDG&E has presented no evidcnce that
its Plan reduces the overall risk of fire. The Plan addrcsses only one fire ignition source - power lines - which
according to Cal Fire account for the ignition of only 3% of wildfires in the atl'ected area. In the event a fire
ignites from anothcr ignition source, which accounts for 97% of wildfires in the affected area, SDG&E's Plan
leaves the affected community especially vulnerable and will inhibit the community's ability to effectively
respond to an emergency, as discussed in more dctail below.
While the undersigned support sound efforts aimed at reducing the risk of fire, SDG&E has not shown
that its Plan will do so. Rather, SDG&E's proposal would subject San Diego County residents to new and
unnecessary safety risks while seeking to insulate SDG&E from any liability that results. Contrary to its claims,
SDG&E will not provide advance notice of specific shut-offs, because SDG&E will shut off power immediately
when the environmental triggers are met.
Notably, the Plan would not shut off power in the Chula Vista, but rather, in other parts of San Diego
County. Thus, the most significant of the Plan's negative impacts will not be felt by Cit)' residents. We have
detailed these ncw risks and the burdens SDG&E's Plan would placc on others in the California Public Utilities
Commission proceeding reviewing the plan. This letter highlights only a few of the numerous and extcnsive risks
and burdens SDG&E's plan would create.
8/4/2009
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For these reasons, we strongly urge the City Council to oppose the Plan.
School Districts. The Plan would impose serious risks on schoolchildren and teachers.
For example, a shut ofT could prevent School Districts from contacting emergency services or a parent if any
student were injured. School Districts may not receive emergency warnings, thus hindering their ability to protect
schoolchildren and teachers. Without power, school facilities could not be used safely as shelters during
emergencIes.
The Plan also threatens the School Districts' funding at a time when it is needcd most. Average daily
attendance funding ("ADA"), which is awarded on a per child attendance basis and provides the bulk of School
Districts' funding, would be reduccd when schoolchildren are sent home during a shut-off.
Water Districts. The Water Districts require thirty-nine new generators to ensure critical pump systems
provide water service during a shut off to' 200,000 County residents and the firefighters that protect them. Yet,
SDG&E has agreed to provide only six generators.
Moreover, SDG&E will not guarantee actual notice to the Water Districts, or any other entity, prior to de-
energizing. Rather than commit to providing actual notice, SDG&E has informed the Water Districts that they
should monitor SDG&E's website for indications that the shut-offtriggers have been met.
Disability Rights Advocates. People with disabilities are at particular risk ifSDG&E shuts off power on
its Q\vn initiative in the absence of an actual emergency for several reasons, including their disproportionate
reliance on telecommunications to live an independent life and specialized needs for a consistent power supply.
For example, if SDG&E pro-actively turns the power off, people with disabilities will be unable to obtain
news coverage that would inform them of the need to evacuate in the event of an actual emergency. Additionally,
they may be rendered unable to contact caregivers, family members or friends for assistance in evacuating.
Further, they may not be able to maintain particular conditions necessary to accommodate their disabilities, such
as keeping medicine refrigerated or a consistent power supply for life support equipment.
Community Groups. Community groups are concerned not only by the prospect of the loss of
convenience and productivity that a potential or actual shut-off would cause, but also with the fact that a shut-ofT
poses its own risks to life, health and safety. In particular, as the eyes and ears ofthe back-country it is usually
backcountry residents who call in to report fires and such rapid reporting is critical to firefighters successfully
putting out backcountry fires before they spread. IfSDG&E turns off the power, it will necessarily disrupt
communications services and water servjces~ \\'hich means fires will likely burn longer and farther prior to
firefighters arriving.
In addition, without power, back country residents will be required to utilize thousands of barbecue grills,
candles and gas-powered generators - many of which may be possibly ill-maintained -- to compensate for the loss
of power. Each of these is a potential ignition source.
Just as problematic, while it acknowledges that the existence of 35 mph winds will be the criteria that
triggers an automatic power shut off, SDG&E has admitted that it included this relatively low wind speed in its
proposed slun-off criteria in order to facilitate fire suppression efforts and not to reduce the risk of fires started by
power lines.
Communications Providers. Communications providers provide critical services -television, high
speed Internet and both land line and wireless telephone services - that the County of San Diego, City of Chula
Vista and residential and business customers throughout San Diego County heavily relied upon during the 2007
fires and will need to rely upon during future fires. Public safety agencies rely on these services for planning, for
dissemination of information to the public and, importantly, to evacuate people during emergencies.
Indeed, the proposed draft Resolution notes that Governor Schwarzenegger's Blue Ribbon Task Force has
emphasized the "critical role of timely emergency notification" and recommends that "local government prioritize
the development of appropriate early warning systems." Additionally, San Diego County's report on the 2007
8/4/2009
Page 3 of 4
fires concluded that communications systems were critical to the successful distribution of information
about the fires and the evacuation of over 500,000 people. For example, the report states:
. An estimated 515,000 county residents were evacuated through the use of the Reverse 911 and
AlertSanDiego mass-notification systems. This was the largest single fire evacuation in U.S. history;
. 211 San Diego answered approximately 109,000 calls and assisted with providing timely and
accurate information; and
. The www.sdcount\.emer~y.com \....ebsite received approximately 10 million visits during the fires.
San Diego County uses Reverse 911 in conjunction with emergency alert systems (EAS) messages, which certain
communication providers are required by Jaw to distribute.
As such~ access to communications services is absolutely critical during an emergency situation.
Communications providers have back-up power in place to handle typical power outages, and they follow
business continuity plans during emergencies to help maintain their cOl11munication services. Ho\vever.
SDG&E's shut offs would be so long that they would exceed the back-up power capabilities of certain
telecommunications equipment, including cell sites, and thus likely would cause wireline and wireless
communications to fail or be interrupted. Interruption of wireless communication could be particularly harmful as
it is often the only means of communication for fleeing residents. \Vithout power at their homes, impacted
residents could not watch television because power is needed for a television to work; they could not access the
Internet because power is needed for a computer and a modem to work; and they could not place or reeeive calls
on a cordless telephone.
The Plan.
Under the Plan, SDG&E would automatically and unilaterally turn off power in ccrtain areas when five
pre-determined conditions exist, regardless of whether a fire has already started. Once off, power would remain
out for twelve to seventy-two hours, thus leaving communities without power in the event a fire is started from a
source other than power lines.
The Plan is not well-developed. For example, SDG&E indicated earlier this year that it would rely on the
San Diego County OES to provide notice of a possible shut-off. But San Diego County rejected that idea and
determined it would not enter into a memorandum of understanding with SDG&E with respect to the Plan.
Indeed, the San Diego County Board of Supervisors recognized the significant deficiencies with SDG&E's Plan
when it recent Iy voted 4 - 0 to oppose it.
The Undersigned Recommend That The City Council Oppose The Plan.
The undersigned are not suggesting that power shoold never be shut off for public safcty reasons. Indeed,
there may be times when, based on the given situation, power may need to be shut off. However, based on the
record the California Public Utilities Commission has developed on this application, SDG&E has not shown that
the Plan would reduce fires or enhance public safety. SDG&E has not developed its plan in consultation with
affected governmental agencies. SDG&E has not substantively considered and responded to the needs and
concerns of other stake holders. SDG&E has, howcver, requested that it bear no responsibility or liability for the
consequences of its shut-offs.
For all thc above reasons we respectfully request that the City Council oppose the Plan.
Sincerely,
C',: I .
r)'h-. K. J!~'
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8/4/2009
Page 4 of 4
Sam Attisha
Cox, Vice President, Govemment Affairs
& Business Development
Ignacio De La Torre
A 1'&1', Executive Director, External Affairs
.on behalf of the following:
San Diego County Superintendent of Schools
Valley Center Municipal Water District
Ramona Municipal Water District
Padre Dam Municipal Water District
Fallbrook Public Utility District
Rainbow Municipal Water District
Yuima Municipal Water District
Disability Rights Advocates
Utility Consumer's Action Network
AT&T
California Cable & Telecommunications Assoc.
Cox Communications
CTIA - The Wireless Association
Mussey Grade Road Alliance
Time Warner Cable
cc: James D. Sandoval, City Manager
Bart Miesfeld, City Atlomey
Donna Norris, City Clerk
Michael Meacham, Director, Conservation & Environmental Services Dept
Sam Altisha
Vice President-Business Development & External Affairs
Cox
Diamond View Tower
350 10th Avenue, Suite 600
San Diego, CA 92101
619-266-5653 direct
858-245-7325 cell
619-266-5600 fax
sam.altisha@cox.com
~
~:'R' Please consider the environment before printing this emai!.
8/4/2009
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A Plan to Improve Power Line
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Community Fire Safety Program
July 27, 2009
'@ 2009 San Diego Gas & Electric Company, All copyright and trademark rights reserved:
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$542 million
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Sources: San Diego Institute for Policy Research: How San Diego's Investment in Fire Protection Stacks Up
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Challenges
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Final
Saturday. Auqust 1, 2009
Fire officials prepare to scale back operations
Lawmakers shifted $2 billion in local property tax to state
By Michael Gardner
U-T SACRAMENTO BUREAU
Gov. Arnold Sch\\'nrl.':~l1cggcl' and la\\'makcrs
arc horrowing mOlley from locallirefightcfS.
even with another catastrophic inferno just a
li"IHning strike Of CITanl nlatch <lW<I\'.
C' Across' San Diego COllllty, many ~Iin.: distrir.:t
officials say they will have 10 raid reserves or
scale back noncl11crgenc)' services to cover the
property tn.x losses. which could cumulatively
reach into the millions.
III Julian. volunteer fircfighh..'rs prohahly will
have to go another year without a check of $5
per rcspOllS": In cover gas.
111 Fa[lbnxlk, SI)lllC fire pn:-verHioll and pllh-
]ic cducation prugrams arc to he trirnnted.
III Ramona, irunically, officials will lose a
large share of the money the local district now
uses to pay its contract with Cnl Fire, the state's
Jirdighting agency.
Statcwide and locally, lirc orliciHls :1J'l: quick
to I )IC the' have t~ ken sto.:ps 10 nake 'LIre pub-
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lic safety is nOl compromised.
"\Ve will still ~I!tack. \\.-'c will still respond.
But the whole systCll1 is stressed:' snid Alameda
CUllnty FirL~ Chief Sheldon Gilbcrt, presidcllt of
the Calit1.xnia Fire Chief" Associntioll.
Tn help c1ose:1 $24 billion delkil, Schwar-
J:clll:gger and l:nvmakcrs shifted $2 hillion in
]ocal pn,JI~rty tax funds 10 the state's aCt:ount.
Ulltk~r a voter-approved ballOI measure, Ihe
mOlley must be returned \vith interest of up to ()
percent by June 30, 20] 3.
"He did,,'t cntcr into this lightly:' said H.D.
Palmer. a spokesman for the governor's Depart-
ment of Fi Illlllce.
Also, new budgl.:t-related legis]ation gave
districts withoul adequate reserVes the ability
to take out a loan Ll~il1g the slatc's repayment
re4uiremcnt as coJJaler~J.
"\\'e won't borrow," said K.....vin Dubler. chic"
{If Ju]ian-Cuyamaca Fire Protectil)n District,
echoing otl\(.'r chiefs. "Thai just puts everyb<.x1y
further '11' ,.
Hardest-hit will be dislricts that heavily 1'<:'ly
on property taxe~ and l1~e most of that llIlJlley
10 P:IY C:.\I Fil-C, There arc also independcllt fire
districts that raisL' rI.'VeIHIl..' through a comhina-
tion of property taxes and hnm('()\vner fces.
BOlh anticipate a loss of roughly X percent ill
pnlperty ta" n:velllle.
CuI Fire contracts wilh 144 tin: districts.
including si", in S:lll Diego COLlllty.
"It will definitely affect evcryhudy:' said .Jem
Torchia, deputy chief of the North County Fire
Protection Distl-icl ill Fallhrook.
'I\.II-<.'hia said his district will han: to gel by
on about S I million less. To do th:n. the districl
wifllikely tap reserves. Icave fOllr admil1jstra~
tive p()sitiolls vacant and cxplore scaling hack
pllblie olltre:lch allll1in: I>revcntillll pn>gnlms.
"\\.-'e can't go very long:' Torchia said. "\Ve
don't have Ihat big of a piggy bank."' The Ji5-
trict has $2.5 millioll set aside for emergencies.
he said.
I 'an's Dubler anticipates llsing I'
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· Pole and power line inspections
· Tree-trimming/brush clearing
· 700+ new steel structures
· Undergrounding power lines
· Disabled automatic switches
· Staged work crews
· New detection technology
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Emergency Power Shut-Off Plan
· Last resort - extreme weather
· Five conditions must be met
· Coordinate with police, fire & emergency
responders
· Six hour, two hour & event notifications
· Average EPSO event
. Impacts 8,000 - 10,000 customers
. Once or twice per year
. About one day without power
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Then SDG&E will...
· Open Community Care Centers
· Provide transportation for special needs
customers
· Offer financial assistance for those in need
· Provide a pool of generators for schools,
water districts, communications companies
& care centers
7
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2009 SDG&E Emergency Power Shut Off
17 Sub-Regional Potential Outage Areas
Potential Shut-Off Areas
Please tlale: The pOH!f1bal far power outages Ullller ltvs
program.... be ~mled oriJ'lQ I3rgelad I\lgll-nsk ~re areas
wl>e<elocalweatllersl3tKlnsondoealesevereconcUloM.AJ1
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Legend D = Potential Outage Area By RAWS
c::J Alpine CJ Oak Grove
C:=J Ammo Dump c=J Palomar
CJ Bell Canyon CJ Pine HH1s
CJ Cameron CJ Potrero
c=J Camp Elliott [:J Ranchila
J:'j:;'i:<1 Descanso c=J San Miguel
c=J Goose Valley CJ Talega
CJ Julian CJ Vaney Center
u=:J Mount Laguna A Remote Automatic Weather Station (RAWS)
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Typical Outages vs. EPSO
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3000
2500
2000
1500
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Average Annual Power Outages
in SDG&E Service Territory
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Support for Shut..Off Plan
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"This proposal...may reduce the number of
catastrophic wildland fires in California, saving both
lives, property and precious resources."
Michael Chrisman
Secretary, California Natural Resources Agency
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The Bottom Line
About 10,000 customers may
experience an EPSO outage
one to two times per year for a day.
Our program will help prevent
catastrophic fires
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Councilman Rudy Ramirez
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
ClN OF
CHULA VISTA
'i~~li,~~f ~y}~~~~~~-~.,r;J,,".\"~'; '~~1.~" ~~.,(~<"ir~.:~ L~ ~1;';'.'Uc"~'1;.1
DATE:
July 30, 2009
TO:
Honorable Mayor and Members of the City Council
FROM:
Councilman Rudy Ramirez
CC:
Donna Norris, City Clerk (For inclusion in the August 4, 2009 City Council
Agenda Packet)
RE:
Consideration to send letters to the San Diego Unified Port District,
California Independent Systems Operator (CAISO) and the California
Regional Water Quality Control Board conveying the City Council's unified
position on the removal of the South Bay Power Plant
.;;" ".~~.g'~~. ~}.~.~"~'....;?~->.'~~~~~. ,_..~i '~~~., r.::" ...~~ _lr i~~.o:14 -~01~"',>. ~';.,{. ....';",,:. ..
The next few months are critical regarding the City's ability to impact the closure and
removal of the South Bay Power Plant (SBPP) - a goal that I believe we all share in our
effort to enhance the Bayfront and maximize its tremendous wildlife habitat, public access
and economic potential.
The Board of the California Independent Systems Operator (CAISO) is expected to make
its recommendations for Reliability-Must Run (RMR) contracts for 2010. The California
Regional Water Quality Control Board will make its determination on the renewal of the
NPDES water discharge permit. The lease term of the SBPP with the Port District ends
unless the RMR is renewed. The Otay Mesa Generating Station is currently in the testing
phase and will be on-line in the fall which along with other new generation, demand
management and conservation programs significantly reduce, or eliminate, the need for
the SBPP.
I would like to add my support to the work being done by the City Council Energy
Subcommittee and request at the August 4, 2009 City Council meeting that we, as a City
Council, send letters to the San Diego Unified Port District, California Independent
Systems Operator (CAISO) and the California Regional Water Quality Control Board that
convey our unified commitment to the removal of the South Bay Power Plant and the
Council's request for these agencies support with regard to the Council's efforts. It is
imperative that the full Council go on the record with these agencies, directly and
immediately, about our commitment to the removal of the power plant. If we are silent or
equivocal in our position as a Council, we risk being overlooked in the regional energy
decisions and our goal to enhance our Bayfront will not be realized.
I~~-/
THERE IS NO BACKUP MATERIAL FOR
ITEM #14 C