HomeMy WebLinkAboutReso 1989-15316 Revised 9/21/89
RESOLUTION NO. 15316
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THOMAS O. MEADE FOR OTAY LAKES ROAD ASSESSMENT
DISTRICTS, STREET DEVELOPMENT IMPACT FEES UPDATE AND
TELEGRAPH CANYON CHANNEL FINANCE PLAN AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Mr. George Simpson, City Project Manager for
Development Impact Fees and Acquisition District, passed away and
it is necessary that a new project manager be retained to carry
on the work that had been anticipated to be done by Mr. Simpson
and which is beyond the staff's expertise, and
WHEREAS, staff inquired around the County for special
assessment project managers to competitively bid this contract
and follow the City policy, however, the only person to do this
kind of work was Thomas O. Meade, and
WHEREAS, staff and consultants (assessment and
~_~lancing) are recommending that Thomas O. Meade be retained as a
project manager for the anticipated Otay Lakes Road assessment
districts, and street Development Impact Fees, and the financing
program of Telegraph Canyon channel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and THOMAS O. MEADE
for Otay Lakes Road Assessment Districts, Street Development
Impact Fees Update and Telegraph Canyon Channel Finance Plan,
dated the 26th day of September , 1989, a copy Of which is
attached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
' ' ' ' or of /I ThOmas J. ~rron, City Attorney
6275a
Resolution
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of Septemhe~ 1989 by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
~r~. Cox, Mayor
ATTEST
~everly Ay Authe]et, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO } ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15316 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 26th day of
Sepember , 1989.
Executed this 27th day of September ,1989.
~ever A. Authelet, C'ty Clerk
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT, entered Into this 26th day of September .,
1989, by and between THE ClTY OF CHULA VISTA, a municipal
corporation (heretuRf tar referred to as wCttyw), and THOMAS O.
MEADE, doing basinass as MUNICIPAL FINANCE ADMINISTRATION,
(herefuRrier referred to as wProJect Managerw).
WITMESSETH
WHEREAS, the CIty entered into the foXloving afZreements with
GEORGE T. SIMPSON to consider the financing of certain public .
Improvements t
A.Otay Lakes Road improvement adjacent to Rancho del Ray
Property on December 6, 1988 Resolution 13881.
B. Otay Lakes Road phase I Improvement on January 12, 1988,
Resolution 13406.
C.Development Impact Fee for streets update on February 14,
1989, Resolution 13962.
D. Preparation of Drainage Plan and Fee for Telegraph Canyon
Channel on January 12, 1988, Resolution 13407.
WHEREAS, GEORGE T. SIMPSON passed avay in May of 1989, and'
WHEREAS, the tasks listed under section l, of this agreement have
not been completed or been partially completed by George T.
Simpson as Project Manager under above listed agreements, and
WHEREAS*. ta order to implement the financing program of those
certain public improvements, and
~4IiREAS, ',he City has reviewed the qualifications of THOMAS.'O,
MEADE as the Project Manager, and found them to be satisfactory.;
NOW, THXREFORE, IT IS li!~REBY MUTUALLY AGREED by and betveen the
parties hereto as foliovex
........ ~^~;.
SECTION 1 MANAGEMENT SERVICES
A. OTAY LAKES ROAD-PHASE I AND OTAY LAKES ROAD BY RANCHO DEL REY.
(1) The Project Manager shall, throughout the implementation
of the financing of the Project, at the direction
of the City Manager or him destgnee:
(a) Coordinate the activities of support
consultants retained by the City as tt
relates to the development and
implementation of linenring public
improvements in the OTAY LAKES ROAD.
(b) Review report documents or studies for the
City as may be directed and required.
(C) Assist and advise the City in the
' implementation of the Assessment District/
Mello-Roos District.
e (d) Develop schedules and assignments necessary
for the orderly and timely processing or the
District on the Council agendas.
(e) Attend such meetings of the City Council,
City start, developer, and other agencies as
may be required,
(f) Coordinate City start, developer and
supporting consultants~ activities tot the
implementation or the Assessment District/
Mello-Roos District.
The project Manager will be responsible for providing
dttectt~', to the Supporting Consultants and to coordinate
the implementation of the following actions and tasks
vhich viII ~:.." performed by Support Consultants retained
by the City vith regard toz
PRELIMINARY AND GENERAL TASKS
(a) Prepare a preliminary boundary map.
(b) Prepare an overlay to the preliminary '
boundary map.
I. Dedicated open space. public easements,
and other public lands other than
:: errearl.
2. Proposed phasing of grading and drainage
improvements.
3. Ownership of assessors parcels.
(c) Provide a description and cost estimate
with the asltstanca ot the Developers Design
~ Engineer of each improvements to be included
in the District.
(d) Provide preliminary basis and methodology
for the spread of the colts of improvements
included in the Assessment District or
Comunity Pactlilies District including
incidentals.
(a) Provide a pretiminary asialament/special tax
pat parcel.
(f) Provide a preliminary lien ration analysts
!~ (value of land based on best data
a,~aitabla).
,' (g) Prepare a proposed bond sale strategy.
(h) Review existing reports and data on the
proposed Project.
Environmental Impact Reports
2.Ordinances and agreements which affect
the financing of OTAY LAKES ROAD.
3,Tentative maps and other plan approvals.
4.Existing plan and Ipecirtcations for
construction.
..,
" 5. Sewer, water, drainage, traffic signals
and street light requirements,
i" 6, All other prepared and related documents,
· (i) Provide 25 copies ot a Report on the
~ Preliminary and General Tasics with
recommendations tot implementation,
(J)Coordinates with the Developers Design
Engineer.
(k) Prepare a construction phasing plan for the
improvements to be constructed by the
assessment district.
Prepare an assessment district plan to
accommodate the construction phasing through
either a series ot individual dt=tricts, or
sab~lstrtcts to a master assessment
district.
(3) With regard to ASSESSMENT DISTRICTS, the Project
Manager shall:
(a) Prepare petition (assemble necessary
documents)
1. Boundary Map
2, General description ot improvements
3, Preliminary Title Report
4, Lenders signatures
5. Ovaere signatures
6, Batsic appraisal
(b) Assemble Plans and Specificattune tot public
5~,lding or description and cost estimates
lot an Acquisition Agreement,
(c) Prepare Emilnears Report*
I. Assessment roll and diagram
(d) Prepare bond bid a~reement.
..~
(e): Prepare Resolution of Intention and
, necessary documents, '.~. ~
(f) Prepare "Offtrial Statement"
1, Authorize advertternS for btds .
(g) Publtc Hearing
1, Approve Engtneers Report
2, Conttrm Assessment roll and
3, Review bond bide and eats
4, Award construction contracts
* If a Cormuunity Factltttes Distrtct under the Melto-Rooe
legrelation ts ~ursued rather than an Assessment Dtstrtct,
a Special Tax Report will be prepared instead of the
Engineer~s Report.
B. FIRST AMENDMENT TO THE DEVELOPMENT IMPACT FEES -
TRANSPORTATION (UPDATE). ~ith regard to the update ot the
Transportatton DIF, Project Mannact shalll
(I) ANNUAL REVlE~ AND UPDATE - PROJECTS
~ork wi~h the City and its consultant to review and
update each project descriptton and cost estimate
projects contained in Ordinance No. 2251 and address the
following related issuesl ~.~
(a) 5R-125
- Proposition A impact
- Inclusion of grading and riiht-ot-way
(b) Reevaluats the need for street prolects tn
the County to be funded with the DIF.
~;=.~ (c) Impact of EAOTLAKE paying the difference
, between an "interim" nnd a "permanent" DIF,
· (d) Completion of EAST "H" STREET.
(e) Addition of portions of Orange Avenue,
: (f) Addition of line item for City
administrative costs,
(g) PHASE 2 Telegraph Canyon Road costs included
in DIP.
(h) Possible credit to EASTLAKE and McMILLIN for
the construction of "H" Street east of Otay
Lakes Road.
(l) Review of Resolution No.13301 and the
Interim Financing Agreement between Boaits
Long Canyon and the City.
(J) Review of Traffic Signal fees.
e (2) ANNUAL REvIEw AND UPDATE - DEVELOPMENT
Will work with the City, its Consultant and property
owners to review and update the projected development
within the DIF boundary.
(3) REVISE DEVELOPMENT IMPACT FEE
Based on the information generated from items B(I) and
B(2) above, calculate a reviled Development Impact Fee
for streets.
(~) REVISE ORDINANCE NO. 2251
B~s.d on information from items B(1), I;), and (3) above,
reco~q,~hd revisions to Ordinance No. 2251.
(5) PERMANENT DIF RE~ORT
Revise the Interim Eastern Area Development Impact
permanent report using the information generated tn
C. PREPARATION OF A DRAINAGE PLAN, ORDINANCE, AND FEE FOR
TELEGRAPH CANYON CHANNEL.
(1) The Project Manager throughout the preparation and
Implementation of the Financing Plan, at the
direction of the City Manager or his destEnse,
shells
(a) Coordinate the activities of support
consultants retained by the City as relates
to implementing the Scope of Work
(Attachment "A") rot the preparation of the
Telegraph Canyon Drainage Fee Plan and
Ordinance.
(b) Assist and advise the City in the
)reparation and implementation of the
Drainage Fee Plan and Ordinance.
(C) Attend such meetings of City Council,
Planning Corseteaton, City staff, developer
and other agencies as my be required.
(d) Review report documents or studies for the
City as my be directed and required.
(e) Coordinate City Staff, owner/developers,
consultants, and other agencies in the
development of the Drainage Plan and
Ordinance.
(f) Arrange and schedule necessary meetings.
SECTION 2 SCHEDULE OF WORK
A. TASK A - O'f;.Y LAKES ROAD ~I~NAGEMENT SERVICES
Project Manager shall complete all items listed "~'
e under Task A within 15 months, on or before December "."
31, 1990.
' B. TASK B - TRANSPORTATION DIF UPDATE. ETC. :~' '
Project Manager shall complete all items listed
under Task B within 5 weeks, on or before
November 1, 1989.
C. TASK C - TELEGRAPH CA]~YON CHA~IEL DRAINAGE PLAN, ORDINANCE,
AND FEE. ETC.
Project Manager shall complete all items listed
under Task C within 4 to 6 months, on or before
April 1, 1990.
SECTION 3 FEE FOR SERVICES
Project Manager shall be paid a fee based on a hourly rate ot
~O.O0 per hour, plus reimbursement for all out-of-pocket expenses
outside ot normal oftice expenses, includtn~ but not limited to,
travel, printing, map preparation, aerial photography and related
documentation reproduction, All fees will be payable on a monthly
basis upon an Invoice submitted by the Project Manager.
In any event, the total remuneration for services performed
pursuant tO ?AIK Ae SECTION I or this qreement shall not exceed
$21,730,00 and for marvices performed pursuant to TASK B, SECTION
I of thlf aireement Ihatl not exceed $5,465,00 and for services
performer pursuant to TA~K C, SECTION I of this agreement shall
not e~eee, 1|,~90,00,
SECTION 4 SERVICES BY CITY
City further airsis to furnish to Proloot Manager, tns timely
mlnnert Iuch Maple records anti other documents and proceedtnQs, or.
cdrtltled copies thereof, am are available and ~ey be reasonably
required by ~roJect Manager in the performanc.; of these services.
:~CTION 5 Ct.~NFLICT OF INTEREST ,;'~
Project Manager presently has and shall acquire no interest
whatloevlr tn the Rancho.Del..Re.Z ProJecttot Eastlake Development
indirect, which would constitute a conflict of Laterest or give .'
the appearance of such conflict. No person having any such
:'4~ ~ ~}onflict of interest shall be employed or retained by Project
O Manager under this Agreement. Project Manager specifically
~ ~,~ifies that neither Project Manager nor any other person
'-~ e~oyed or retained by Project manager has performed work for or
~'i- on behalf,of McMillin Development or Eastlake Development, or its
~ ¢~.~- predecessor in intereel. Project Manager specifically certifies,
(~ in addition, that no.prOmise of future employment or other
considerslips of any kifid has been made to Project Manager or any'
-~ employee, a~t, or r~'resentative of Project Manager, by McMillin
· De.v..elopment or Eastlake Development, any employee, agent, or
repreSentative'of the ProJect Manager regarding the subject matter
of this Agreement, or any future project in which Project Manager
has an interest.
SECTION 6 TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, ProJect Manager shall fag] to fulfill in a
timely and proper ~anner his obligations under this Agreement, or
if Project Manager shall violate any of the covesmats, agreements,
or stipulations of the Agreement, City shall have the right to
· terminate this Agreement by giving written notice to Project
Manager of such termination and specifying the effective date
thereof, at least five (5) days before the effective date of such
termination. In that even~, all finished or unfinished documents,
data, studies, drawings, maps, reports, and other materials
prepared by Project Manager shall, at the option of City, become
the property of City and Project Manager shall be entitled to
receive Just and equitable compensation for any work
satisfactorily completed on such document and other materials up
to the effective date of notice of termination, not to exceed the
amounts payable under Section 3, hereinabove,
SECTION 7 TERMINATION FOR CONVENIENCE OF CITY
City may tertt. f.:~te this Agreement at any time and for any teason
by giving written notice to Project Manager of such termination
and specifying the effective ~ate 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 in Section 7, heretnahove, shall, at the option of the
City, become Cityts sole and exclusive property. If the Agreement
is terminated by City as provided in this parailraph, Project
Manager 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.
Project Manelet hereby expressly waives any and all claims for
damales or compensation arisin~ under this Agreement except as set
forth in Section 3, heroinabove, in the event of such termination.
SECTION 8 ASSIGNABILITY
Project Mana2er shall not as,tin any interest in this ASreement,
and shall not transfer any interest in the same (whether by
asei~ment or novarSon), without prior written consent of City;
provided, however, that claims for money due or to become due to
Project Mana2er from, City under this A2reement may be as,lined to
a bank, trust company, or other financial institution without such
approval, Notice or such assignment or transfer shall be
furnished promptly to City. Any assignment requtrin2 approval my
not be further assi2ned without city approval.
SECTION 9 OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, de, tins,
plans, procedures, systems, and any other materials or properties
produced under this A~reement shall be the sole and e~clustve
property of the City. No such materials or properties produced in
whole or in part under this Aircement shall be subject to private
use, copyriJhts, or patent ri2ht by Project Mana2er in the United
States or in any country without the express written consent of the
City. City shall have unrestricted authority to publish, disclose
(as may b~ limited by the provisions of the Public Records Act),
distribute, and otherwise, use, copyrt2ht or patent, in whole oc in
part, any such reports, studies, data, statistics, forms or other
materials or properties produced under this Agreement.
SECTION 10 INDEPENDENT CONTRACTOR
City is interests? only In tht results obtained, and Project Mane2er
shall perform as an independent contractor with sole control of the 3"
manner and means of performing the services required under the
...¢-
'~'' '" ' ~ "'"
I ................................ l
A~reement~ Ci'ty~lntalne tl~e right only to re2ect or accept
Project Manager*e final work product as each phase of this Agremeut
ts completed. Project Manager and any of Project Manager*s agents,
employees, or representatives are, for all purposes under thi~
A~reement, an independent contractor, and shall not be deemed t0 be
an employee of City, and none of thmm shall be entitled to fly
benefits to which Clty mmployees are entitled, including, but not
limited to, overtime, retirement benefits, worker*s compensation
benefits, injury leave, or other leave benefits,
SECTION ll INDEMNITY
Consultant shall tndmmntfy and hold City free and harmless from any
and all claims, losses, damages injuries, and liabilities arising
form the death or injury. of any person or.persons, including
employees of Consultant, or from damage or destruction of any
property or properties, caused by or connected with any negligent
error, act or omission by Consultant, hie agents, subcontractors,
employees, or servants In connection with his services under this
agreement.
SECTION 12 CHANGES
City my from time to time require changes in the scope of the
services by Project Manager to be performed under this Agreement.
Such changes, including any'incrlase or decrease in the amount of
Project Manager*s compensation, which are mutually agreed upon by
City and Project Manager shall be effective as amendments to this
a2reement only when in v reSin2,
IN WITNESS WHEREOF, City and Project Manager have executed this
Agreement on this 26th day of September, 1989.
THE CIT OF CHUL~VISTA
--_/~ ~,/#? ~~j Municipal Finance Administration
C1;ty C~erk
.':' Approved as to form by
~*/~.~//~
ATTACHMENT 'A'.
SCOPE OF WORK FOR TELEGRAPH CANYON CHANNEL FINANCING PLAN
A. Preparation of a "DRAINAGE PLAN" for the Telegraph Canyon Area.
1. Drainage area boundary map,
2, Assessor's parcels and ownership map within the drainage
area.
"' 3. Description and cost estimate of facilities proposed to be
built.
4. Map showing the location of facilities proposed to be built.
Note; Alignment, hydrolo~lcal and design studies with cost
estimates will be providnd by the Developer.
B, Preparation of a "Drainage Fee Report",
1. Based on the "Drainage Plan" developed in A above, date=mine
a per acre uniform fee based on 2ross acres of undeveloped
land within the drainage basin less dedicated areas for
public facilities,
2. Address fee collection, development conditioning, incidental
costs, consideration in lieu of fees, and fund advances.
~':' C. Preparation of a feasibility analysis of overlaying a Community
~}. Facilities District (Mello-Roos) or a 1913 ACT Assessment
District to provide an alternative method lot an owner/developer
to p~y Dr~,ne~ Fees with bond proceeds and advance the ~'
construction of needed drainage facilities. ~'
D. Attend meettng~ as required with staff and Council/Board of
Supervisors,
I. ETTER OF ASSIGN.~:L~'~T. ';"'~' ....
I, Mary Simpson do hereby asslgn all interacts in the following,
agreements between George T, Simpson and the Cfty of Chula Vista
Thomas O, Meade~ d,b,a, Municipal Finance Admlntstrat~on:
1. Chula VIsta Street Ffnancing Plan~ Ree. Non. 1287~ and 13962
2. Eas~ *H~ Street Assessment Dlstr~ct~ Res. No. 12792
3. Telegraph Canyon Road Assessment D~s~rfc=, Res. No. 13406
4. East Chula Vfs[a Developmann Impact Fee~ Res. No. 12875
5. O=ay Lakes Road Assessmen~ Dls~rfct~ Res. No. 13881
6. Eastlakes I Expsnsfon Area Public Facilities F~nanclng Plan, Res.
No. 13X39
7. Telegraph Canyon Road Drainage Fee S~udy~ Res. No. 13407
8. Implemen=a=fon of ~he Growth Management Plsn~ Res. No. 13492
Mary S~m~son Da~e