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HomeMy WebLinkAbout2014-03-25 Agenda Packet I �eclare under pznalty ot perjury that I am amployed by the City of Chula Vista in the Office of the City Clerk and that I posted this _�,,r_ _ document on the builetin board according to �=;Ty'a�- -� - Brown Act requirements. �—'�-��� _ .,-�;:~`��,�. ,3I"71'-f Signe��``� �•�= _ -=u 'i� CITY O`F'.R + s.�" A:1.-��" '� �U� Y 4l1/� - �'�. . _ - • O � �O'���,���� � Cheryl Cox, Mayor Patricia Aguilar, Councilmember James D. Sandoval, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, CityAttomey Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, March 25, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0136 PRESENTATION BY DR. MELINDA NISH, SUPERINTENDENT/ PRESIDENT OF SOUTHWESTERN COLLEGE: FROM - THE PRECIPICE TO PROSPERITY B. 14-0174 PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, APRIL 1, 2014 AS NATIONAL SERVICE RECOGNITION DAY IN THE CITY OF CHULA VISTA Cirya/ChWaYuYa . Paga1 Pnntetlon.Y20/207/ City Council Agenda March 25,2014 C. 14-0169 PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COLLEGE'S CHICANO/LATINO COALITION CO-PRESIDENTS VERONICA CADENA AND ALMA AGUILAR CELEBRATING THE AWARDING OF SIX SCHOLARSHIPS AT THE COLLEGE'S ANNUAL CESAR E. CHAVEZ SCHOLARSHIP BREAKFAST D. 14-0142 PRESENTATION OF A PROCLAMATION TO FIRE CHIEF DAVID HANNEMAN AND DEPUTY FIRE CHIEF JUSTIN GIPSON PROCLAIMING MARCH 23 THROUGH MARCH 29, 2014 AS TSUNAMI PREPAREDNESS WEEK IN THE CITY OF CHULA VISTA E. 14-0149 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: POLICE DEPARTMENT PAYROLL CONSENT CALENDAR (Items 1 - 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, 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. 14-0172 APPROVAL OF MINUTES OF January 7, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0139 WRITTEN COMMUNICATIONS Letter of resignation from Jeannie Barnes, Board of Library Trustees. Staff Recommendation: Council accept the resignation. 3. 14-0137 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.51 - "DISTRICTING COMMISSION" (SECOND READING AND ADOPTION) Department: City Attorney Staff Recommendation: Council adopt the Ordinance. City of Chula Vista Page 2 Printed on 312012014 2014-03-25 Agenda Packet Page 2 City Council Agenda March 25,2014 4. 14-0079 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CITY COUNCIL POLICY FOR PUBLIC REVIEW OF CITY COUNCIL AND CITIZEN-SPONSORED INITIATIVES, INCLUDING FISCAL ANALYSIS, AND CHARTER REVIEW COMMISSION REVIEW FOR CHARTER-RELATED PROPOSALS Department: City Attorney Staff Recommendation: Council adopt the resolution. 5. 14-0124 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.25.110(C) RELATED TO EXCUSED ABSENCES FOR MEMBERS OF CITY BOARDS AND COMMISSIONS DUE TO UNEXPECTED, EMERGENCY SITUATIONS (FIRST READING) Department: City Attorney & City Clerk Staff Recommendation: Council place the ordinance on first reading. 6. 14-0099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "EAST ORANGE AVENUE BIKE LANE IMPROVEMENTS BETWEEN MAX AVENUE AND MELROSE AVENUE IN THE CITY OF CHULA VISTA (CI P# STM377)" PROJECT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $173,977.05, WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 Department: Public Works Department Staff Recommendation: Council adopt the resolution. 7. 14-0112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "INDUSTRIAL BOULEVARD SEWER IMPROVEMENT PROJECT FROM MAIN STREET TO ANITA STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# SW263)" TO GRFCO INC. IN THE AMOUNT OF $674,500 WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $101,175. Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 312012014 2014-03-25 Agenda Packet Page 3 City Council Agenda March 25,2014 8. 14-0114 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON SAN MIGUEL RANCH ROAD BETWEEN PROCTOR VALLEY ROAD AND SR-125 AND REVISING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS ESTABLISHED SPEED LIMIT (FIRST READING) (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council place ordinance on first reading. 9. 14-0120 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013-14 EQUIPMENT REPLACEMENT FUND BUDGET AND APPROPRIATING $38,868 TO THE CAPITAL EXPENSES CATEGORY FROM THE AVAILABLE FUND BALANCE AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $182,768.10 FOR A STREET POTHOLE ASPHALT PATCH TRUCK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF REQUEST FOR BID NUMBER B02-13/14 (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. 10. 14-0135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DONATION OF TWO FIRE ENGINES TO THE MUNICIPALITIES OF TECATE AND ENSENADA IN BAJA CALIFORNIA Department: Public Works & Fire Department Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. City of Chula Vista Page 4 Printed on 312012014 2014-03-25 Agenda Packet Page 4 City Council Agenda March 25,2014 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11. 14-0123 CONSIDERATION OF THE SPONSORSHIP OF HARBORFEST 2014 AND RATIFYING THE FILING OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR FUNDING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2014 HARBORFEST EVENT, APPROVING AND RATIFYING THE FILING OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR COMMUNITY ENHANCEMENT PROGRAM FUNDING DURING THE COUNTY'S 2014-2015 FISCAL YEAR; AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT Department: City Manager Staff Recommendation: Council adopt the resolution. CITY MANAGER'S REPORTS MAYOR'S REPORTS 12. 14-0163 RATIFICATION OF APPOINTMENT OF EMMANUEL SOTO AND KIRIN MACAPUGAY TO THE CULTURALARTS COMMISSION COUNCILMEMBERS' COMMENTS 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 54957.7). 13. 14-0148 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of Chula Vista, et al. v. Tracy Sandoval, Sacramento Superior Court, Case No. 34-2014-80001723 City of Chula Vista Page 5 Printed on 312012014 2014-03-25 Agenda Packet Page 5 City Council Agenda March 25,2014 14. 14-0173 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Case. 15. 14-0175 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Kelley Bacon, Maria Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary Ficacci Employee organizations: CVEA, IAFF, POA, Mid-Managers/Prof and WCE ADJOURNMENT to the Regular City Council Meeting on April 1, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council 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 A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. City of Chula Vista Page 6 Printed on 312012014 2014-03-25 Agenda Packet Page 6 City Council Agenda March 25,2014 NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP(S) In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and, immediately following this City Council meeting of March 25, 2014, will approve the following final map: Chula Vista Tract No. 06-05, Otay Ranch Village 2, Neighborhood R-158, 16 single family units located on 10.862 acres south of Olympic Parkway and west of La Media Road. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improper/incorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal rights, please feel free to contact Tom Adler at(619) 409-5483. City of Chula Vista Page 7 Printed on 312012014 2014-03-25 Agenda Packet Page 7 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0136, Version: 1 PRESENTATION BY DR. MELINDA NISH, SUPERINTENDENT/ PRESIDENT OF SOUTHWESTERN COLLEGE: FROM THE PRECIPICE TO PROSPERITY City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0174, Version: 1 PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, APRIL 1 , 2014 AS NATIONAL SERVICE RECOGNITION DAY IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 3/20/2014 powered by Legis 2014-03-25 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0169, Version: 1 PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN COLLEGE'S CHICANO/LATINO COALITION CO-PRESIDENTS VERONICA CADENA AND ALMA AGUILAR CELEBRATING THE AWARDING OF SIX SCHOLARSHIPS AT THE COLLEGE'S ANNUAL CESAR E. CHAVEZ SCHOLARSHIP BREAKFAST City of Chula Vista Page 1 of 1 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 10 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0142, Version: 1 PRESENTATION OF A PROCLAMATION TO FIRE CHIEF DAVID HANNEMAN AND DEPUTY FIRE CHIEF JUSTIN GIPSON PROCLAIMING MARCH 23 THROUGH MARCH 29, 2014 AS TSUNAMI PREPAREDNESS WEEK IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 11 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0149, Version: 1 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: POLICE DEPARTMENT PAYROLL City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0172, Version: 1 APPROVAL OF MINUTES OF January 7, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 13 City of Chula Vista Meeting Minutes - Draft Tuesday, January 7, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 CALL TO ORDER Regular Meetings of the City Council and the Successor Agency to the Redevelopment Agency of the City of Chula Vista were called to order at 2:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: 5- Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Deputy Mayor Aguilar arrived at 2:05 p.m. Also Present: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Records Manager Turner. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE City Manager Sandoval led the Pledge of Allegiance. CONSENT CALENDAR Regarding Item 10, City Attorney Googins announced that the total fiscal impact for the item was projected to be $250,000: approximately$175,000 for the transactional contract and$75,000 for the land use entitlement contract. He stated that, regarding Item 108, the proposed firm would not be available to provide the services needed and stated that staff would request Council consideration on a modification of the item at a later date. Item 108 was not considered at that time. 1. 13-0216 APPROVAL OF MINUTES of November 19, 2013. Staff Recommendation: Council approve the minutes. 2. 13-0199 ORDINANCE NO. 3295 OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM BASED CODE) REGULATIONS FOR OTAY RANCH VILLAGE EIGHT WEST (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. City of Chula Vista Page 1 2014-03-25 Agenda Packet Page 14 City Council Meeting Minutes -Draft January 7, 2014 3. 13-0200 ORDINANCE NO. 3296 OF THE CITY OF CHULA VISTA AMENDING SECTION 5.36.135 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHMENT LICENSE ANNUAL RENEWAL FEES AND AMENDING SECTION 5.36.190 TO REQUIRE PAYMENT OF NEW APPLICATION FEES FOLLOWING CHANGE OF LOCATION OF A MASSAGE ESTABLISHMENT (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 4. 13-0201 ORDINANCE NO. 3297 OF THE CITY OF CHULA VISTA AMENDING SECTION 5.28.010 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREARMS DEALER LICENSE ANNUAL FEES AND SECTION 5.28.015 TO REQUIRE ANNUAL INSPECTIONS OF FIREARMS DEALERS BY THE POLICE DEPARTMENT (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 5. 13-0202 ORDINANCE NO. 3298 OF THE CITY OF CHULA VISTA AMENDING SECTION 9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 6. 13-0203 ORDINANCE NO. 3299 OF THE CITY OF CHULA VISTA AMENDING SECTION 5.38.030 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAWNBROKER, SECONDHAND AND JUNK STORE DEALER LICENSE BIENNIAL RENEWAL FEES AND SECTION 5.38.120 TO AUTHORIZE THE COLLECTION OF PAWNSHOP EMPLOYEE IDENTIFICATION CARD ANNUAL RENEWAL FEES (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 7. 13-0204 ORDINANCE NO. 3300 OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.14 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ART FIGURE STUDIOS (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 8. 13-0194 RESOLUTION NO. 2014-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UP TO $1,268,400 OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 6 GRANT Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 2 2014-03-25 Agenda Packet Page 15 City Council Meeting Minutes -Draft January 7, 2014 9. 13-0229 A. CONSIDERATION AND ACCEPTANCE OF AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR ENDED JUNE 30, 2013 B. RESOLUTION NO. 2014-001 OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2012-13 BY $100,000 (4/5 VOTE REQUIRED) Staff Recommendation: Council accept the report and Agency adopt the resolution. 10. 14-0002 A. RESOLUTION NO. 2014-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRADLING YOCCA CARLSON AND RAUTH PC FOR ATTORNEY SERVICES RELATED TO TRANSACTIONAL WORK FOR THE IMPLEMENTATION OF THE UNIVERSITY PARK AND INNOVATION DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NORTON MOORE AND ADAMS FOR ATTORNEY SERVICES RELATED TO THE PREPARATION OF LAND USE IMPLEMENTATION AND ENVIRONMENTAL DOCUMENTS FOR THE UNIVERSITY PARK AND INNOVATION Staff Recommendation: Council adopt the resolutions. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to approve staff's recommendations on Consent Calendar Items 1 through 10A, headings read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Jeremiah Ivie, Chula Vista resident, provided information on a community organization, Freedom from Covert Harassment and Surveillance, and expressed concern regarding organized stalking. David Danciu, Chula Vista resident, expressed concern regarding the construction timeline for Orange Park and negative press regarding events in the City. Mayor Cox requested that City Manager Sandoval provide an update to the Council on the Orange Park timeline. City of Chula Vista Page 3 2014-03-25 Agenda Packet Page 16 City Council Meeting Minutes -Draft January 7, 2014 ACTION ITEMS 11. 13-0190 A. RESOLUTION NO. 2014-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) B. RESOLUTION NO. 2014-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH IMPROVEMENT AREA THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT C. RESOLUTION NO. 2014-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 14M (EASTERN URBAN CENTER/MILLENIA) Senior Management Analyst Lengyel provided information on the item. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to adopt Resolution Nos. 2014-003, 2014-004, and 2014-005, headings read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 12. 13-0195 RESOLUTION NO. 2014-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ACCEPTING THE PROGRESS REPORT ON CLIMATE ACTION PLAN IMPLEMENTATION, (2) ACCEPTING THE 2012 GREENHOUSE GAS EMISSIONS INVENTORY REPORT, AND (3) DIRECTING THE CITY'S CLIMATE CHANGE WORKING GROUP TO DEVELOP RECOMMENDATIONS AS OUTLINED IN THE CLIMATE ACTION PLAN UPDATE ROADMAP FOR FUTURE COUNCIL CONSIDERATION Environmental Resource Manager Reed and Conservation Specialist Downs presented the City's Climate Action Plan. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-006 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Sandoval provided information on the upcoming Council Workshop on January 9, 2014. He also stated that Chief Bejarano would provide a report to Council regarding alcohol-relatedl issues in the City at an upcoming meeting. Boy Scouts from Troop 2001 in attendance at the meeting introduced themselves to the Council. City of Chula Vista Page 4 2014-03-25 Agenda Packet Page 17 City Council Meeting Minutes -Draft January 7, 2014 MAYOR'S REPORTS 13. 13-0196 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: Chula Vista Veterans Home Support Foundation - Member Chula Vista Veterans Home Support Foundation - Alternate International Council for Local Environmental Initiatives (ICLEI)- Environmental Lead International Council for Local Environmental Initiatives (ICLEI)-Alternate League of California Cities, San Diego Division - Member League of California Cities, San Diego Division -Alternate Metropolitan Transit System Board of Directors (MTS)- Member Metropolitan Transit System Board of Directors (MTS)-Alternate Metropolitan Wastewater Commission (Metro) - Member Metropolitan Wastewater Commission (Metro) -Alternate Otay Valley Regional Park(OVRP) Policy Committee and Preserve Owner Manager(POM) - Member Otay Valley Regional Park(OVRP) Policy Committee and Preserve Owner Manager(POM) -Alternate San Diego Association of Governments (SANDAL) Bayshore Bikeway Committee South County Economic Development Council (EDC)- Member South County Economic Development Council (EDC)-Alternate ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to reappoint Mayor Cox to to the following outside agencies: Chula Vista Veterans Home Support Foundation (Member); League of California Cities, San Diego Division (Member); and Metropolitan Wastewater Commission (Metro) (Member). The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, to reappoint Councilmember Bensoussan to following outside agencies: International Council for Local Environmental Initiatives (ICLEI) (Member), Environmental Lead; League of California Cities, San Diego Division (Alternate); and South County Economic Development Council (EDC) (Member). The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Councilmember Ramirez, seconded by Mayor Cox, to reappoint Councilmember Ramirez to following outside agencies: International Council for Local Environmental Initiatives (ICLEI) (Alternate); Metropolitan Transit System Board of Directors (MTS) (Alternate); and Metro Wastewater Commission (Metro) (Alternate).The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Councilmember Salas, seconded by Mayor Cox, to reappoint Councilmember Salas to following outside agencies Chula Vista Veterans Home Support Foundation (Alternate); and Metropolitan Transit System Board of Directors (MTS) (Member); and appoint herself to the following outside agencies: Otay Valley Regional Park Policy Committee and Preserve Owner Manager (POM) (Member); and South County Economic Development Council (EDC) (Alternate). The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 5 2014-03-25 Agenda Packet Page 18 City Council Meeting Minutes -Draft January 7, 2014 ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Mayor Cox, to reappoint Deputy Mayor Aguilar to following outside agencies: Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) (Alternate); and San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee. The motion carried by the following vote: Yes: 5 - Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 Mayor Cox announced an upcoming Affordable Care Act forum that would be held on January 11, 2014. She also reported on the groundbreaking of St. Paul's assisted living facility. COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar wished everyone a happy new year. Councilmember Ramirez spoke in support of allowing Mr. Perno to give an extended presentation at the Council's workshop on January 9, 2014. Mayor Cox suggested Mr. Perno coordinate with the Police Department. Councilmember Bensoussan announced the upcoming free California-friendly landscape training on January 11, 2014. She requested individuals interested in volunteering for the 2014 Harbor Fest to contact her office. She stated that the initial event for Dog Day in the Park to raise money for a dog park in Eucalyptus Park was tentatively scheduled for March 2014. Councilmember Salas stated she looked forward to working with the Council in 2014 and acknowledged Mayor Cox for her leadership. ADJOURNMENT At 3:02 p.m., Mayor Cox adjourned the meeting to the City Council Workshop on January 9, 2014, at 4:00 p.m., in the Police Department Community Room. Donna R. Norris, CIVIC City Clerk City of Chula Vista Page 6 2014-03-25 Agenda Packet Page 19 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0139, Version: 1 WRITTEN COMMUNICATIONS Letter of resignation from Jeannie Barnes, Board of Library Trustees. RECOMMENDED ACTION Council accept the resignation. City of Chula Vista Page 1 of 1 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 20 March 8, 2014 Dear Fellow Board Members, Please accept this letter of resignation, as of March 8, 2014. 1 have been fighting a battle with the pain of an inflammatory disease for several months now, and unfortunately, I have yet to conquer it. I had hoped to continue my responsibilities on the Board, but I realize that I just can't handle it. This has been a difficult decision, and I seriously regret its necessity. Thanks for always meeting in an atmosphere of collaboration and respect, as we strove to provide exemplary library service to the people of Chula Vista. My thoughts remain with you as you continue in this quest. With warm regards, Jeannie Barnes 2014-03-25 Agenda Packet Page 21 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0137, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.51 - "DISTRICTING COMMISSION" (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 22 Ordinance No. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.51 - "DISTRICTING COMMISSION" (FIRST READING) WHEREAS, the City Charter was amended in 2012 to provide for election of City Council members by district; and WHEREAS, Section 300.5.A. of the amended Charter establishes the Districting Commission, which is responsible for recommending to the City Council the Council districts by which Council members shall be elected; and WHEREAS, Section 300.5.13. of the amended Charter provides that the City Council shall adopt ordinances, as necessary, to provide for and support the Districting Commission, ensure timely selection of its members and implement its powers; and WHEREAS, the City staff recommends that the Districting Commission members be seated by July 2014 and has prepared a draft ordinance to add Chapter 2.51 to the Chula Vista Municipal Code, establishing rules and procedures for the Districting Commission. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 2.51 is hereby added to the Chula Vista Municipal Code, to read as follows: Chapter 2.51 DISTRICTING COMMISSION Sections: 2.51.010 Creation. 2.51.020 Purpose and Intent. 2.51.030 Governing Law in Event of Conflict. 2.51.040 Functions and Duties. 2.51.050 Membership. 2.51.060 Appointment and Removal of Commission Members. 2.51.070 Membership Term. 2.51.080 Meetings. 2.51.090 Budget. 2.51.010 Creation The Districting Commission was created by City Charter Section 300.5. The provisions of Sections 300.5, 602(c) and 604 of the City Charter, and the general rules governing 2014-03-25 Agenda Packet Page 23 Ordinance No. Page 2 boards and commissions set forth in Chapter 2.25 CVMC, shall govern the Districting Commission, except as specifically provided below. 2.51.020 Purpose and Intent The purpose of this chapter is to supplement City Charter Section 300.5, which establishes the Districting Commission and sets forth its powers and duties. 2.51.030 Governing Law in Event of Conflict If there is any conflict between this chapter and the Charter, the Charter shall govern. If there is any conflict between this chapter and CVMC Chapter 2.25, this chapter shall govern. 2.51.040 Functions and Duties The Districting Commission shall hold the powers, and perform the duties, enumerated in City Charter Section 300.5, and shall: A. Perform other duties and powers as the City Council may, by ordinance, confer upon the Commission in order to carry out the Commission's powers and duties, consistent with Charter section 300.5. The purpose of the initial Districting Commission shall be to recommend to the City Council the Council districts by which City Councilmembers shall be elected. The purpose of subsequent Districting Commissions shall be to recommend to the City Council adjustments to the boundaries of those districts, based on Federal Decennial Census information. B. Make recommendations to the City Council and consult with City staff. C. Conduct itself in an open and transparent manner, including comply with the Brown Act, engage public participation to the extent reasonably possible during the districting process, and remain free from legislative influence. Notwithstanding the foregoing, the Districting Commission shall not have the independent authority to direct the conduct of any City employee. 2.51.050 Membership A. In accordance with City Charter Section 300.5, the Districting Commission shall consist of seven members, selected and appointed in the manner provided for in that Section. B. The members of the first Districting Commission shall be appointed as soon as practicable, with goals of having the Districting Commission members determined by July 2014, and City Council approval of the initial Final Districting Plan by June 30, 2015. 2.51.060 Appointment and Removal of Commission Members 2014-03-25 Agenda Packet Page 24 Ordinance No. Page 3 Notwithstanding CVMC section 2.25.050, the following rules and procedures for member appointment and removal shall apply to the Districting Commission: A. Any person desiring to serve on the Districting Commission shall apply by submitting an application to the City Clerk during the applicable application submittal period. The application shall be on a form prepared by the City Clerk and approved by the City Attorney. B. The City Clerk shall conduct a prima facie review of each submitted application for completeness. If the City Clerk deems an application to be incomplete, the City Clerk shall notify the applicant of such and provide the applicant an opportunity to complete the application. The submittal deadline shall not be extended to allow correction of incomplete applications; all applications must be submitted to the City Clerk by the close of the application submittal period in order to be considered. C. Upon close of the application submittal period, the City Clerk shall review all applications submitted and determine the number of complete applications. If the City Clerk determines that less than 10 complete applications have been submitted, the City Clerk shall extend the application period, if legally permissible and if doing so will not interfere with applicable deadlines. The City Clerk extended application period shall be no more than one-half the length of the initial application period. D. Once all application submittal periods have closed, the City Clerk shall forward all complete applications to the Charter Review Commission. Before doing so, the City Clerk shall redact the applicants' personal contact information, including address, phone numbers and e-mail addresses, as permitted by law, and shall note on each application the zip code and general area of residence, by quadrant if feasible, for each applicant. Incomplete applications shall not be forwarded to the Charter Review Commission for consideration. E. The Charter Review Commission shall consider the forwarded applications at an open meeting to consider the ten most qualified applicants, pursuant to Charter Section 300.5.D.1. In making the determination, pursuant to Charter section 300.5.D.3.a. through e., the Charter Review Commission shall consider the applicants': I. Geographic diversity; 2. Relevant knowledge and/or demonstrated analytical abilities that would allow the Districting Commission to carry out its responsibilities with a high degree of competence; 3. Demonstrated ability to serve impartially in a non-partisan role; 4. Experience in the areas of public communication and/or public outreach in the City; and 5. Experience in civic and/or volunteer activities in the City. In addition, to the extent possible and as permitted by law, the Charter Review Commission shall consider available information which would assist them in creating an applicant pool of men and women who are reflective of the City's racial and ethnic 2014-03-25 Agenda Packet Page 25 Ordinance No. Page 4 diversity, in accordance with Charter section 300.5.D.3.a. The Charter Review Commission shall not use formulas or specific ratios in identifying which applicants will be included in the pool of ten. F. The Charter Review Commission shall then oversee a process whereby four applicants are selected, at random, from the pool of ten applicants chosen pursuant to subsection E., above. The City Clerk, or his or her designee from the City Clerk's office, shall assist the Commission in the random selection by selecting four applicants by lot. G. The four randomly-selected applicants shall be sworn-in by the City Clerk and shall constitute the first four members of the Districting Commission. H. The members of the Charter Review Commission shall not communicate with any member of the City Council, or their representatives, about any matter related to the nomination process or the applicants, prior to the swearing-in of the four members. I. Once the first four members of a Districting Commission are appointed, they shall be provided with the remaining six redacted applications. In accordance with Charter section 300.5.D.3., the initial four members of the Districting Commission shall consider the remaining forwarded applications at an open meeting to select three additional members. The Districting Commission shall select the most qualified applicants, in doing so, the Districting Commission shall consider the applicants': 1. Geographic diversity; 2. Relevant knowledge and/or demonstrated analytical abilities that would allow the Districting Commission to carry out its responsibilities with a high degree of competence; 3. Demonstrated ability to serve impartially in a non-partisan role; 4. Experience in the areas of public communication and/or public outreach in the City; and 5. Experience in civic and/or volunteer activities in the City. In addition, to the extent possible and as permitted by law, the Districting Commission shall consider available information which would assist it in meeting the goal of ensuring that the Districting Commission consists of men and women who reflective of the City's racial, ethnic and gender diversity, in accordance with Charter section 300.5.D.3.a. The Districting Commission shall not use formulas or specific ratios in identifying which applicants will be selected. The selection of each member shall require at least three affirmative votes of the Districting Commission. J. The members of the Districting Commission shall not communicate with any member of the City Council, or their representatives, about any matter related to the nomination process, or the applicants, prior to the presentation of the three applicants to the City Council for approval. K. The three applicants selected by the first four members of the Districting Commission shall be appointed, unless the City Council finds by at least four affirmative votes that the 2014-03-25 Agenda Packet Page 26 Ordinance No. Page 5 approval of one or more of the nominees would be inconsistent with the goals enumerated in 300.5.D.3. L. If, pursuant to Charter section 300.5.D.3., the Council must approve one or more additional applicants, in lieu of those submitted to it for approval, it shall do so at its next City Council meeting, after reviewing the remaining applications. M. Members of the Districting Commission may be removed for cause in accordance with CVMC 2.25.110. 2.51.070 Terms A. Notwithstanding CVMC sections 2.25.070-090, members of each Districting Commission shall serve from the time they are appointed until Dissolution of the Districting Commission, pursuant to Charter Section 300.5.J. B. Vacancies on a Districting Commission shall be handled in accordance with Charter section 300.5.D.6. and CVMC sections 2.25.100.A., and B. 2.51.080 Meetings Notwithstanding CVMC Section 2.25.200.A., each Districting Commission shall establish its regular meeting day, time and location by written resolution, in accordance with CVMC 2.25.200. 2.51.090 Budget The City shall ensure that adequate funds are appropriated for the Districting Commission to carry out its duties, including the utilization of independent consultants pursuant to Charter section 300.5.A.3. The City Attorney,with input from the City Clerk, shall submit the appropriate budget requests to the Finance Director so that such requests can be included in the City Manager's proposed budget for the fiscal year during which the Districting Commission will be appointed. 2.51.100 Implementing Procedures The City Clerk and City Attorney shall be authorized to create and implement administrative rules and procedures as necessary, consistent with this chapter and with the Charter, for the creation, establishment and management of the Districting Commission. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of 2014-03-25 Agenda Packet Page 27 Ordinance No. Page 6 the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Glen R. Googins Glen R. Googins City Attorney City Attorney 2014-03-25 Agenda Packet Page 28 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0079, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CITY COUNCIL POLICY FOR PUBLIC REVIEW OF CITY COUNCIL AND CITIZEN-SPONSORED INITIATIVES, INCLUDING FISCAL ANALYSIS, AND CHARTER REVIEW COMMISSION REVIEW FOR CHARTER-RELATED PROPOSALS RECOMMENDED ACTION Council adopt the resolution. SUMMARY In June 2012, the City Council requested that staff draft a policy for the initiation of ballot measures, with the policy to include procedures for conducting a fiscal analysis and a review by the Charter Review Commission. Staff has drafted a proposed policy. That policy is now being presented for Council consideration. ENVIRONMENTAL REVIEW The Development Services Director 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)(5) of the State CEQA Guidelines because it involves only adoption of a City Council policy regarding initiation of ballot measures and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environmental; 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. Environmental review is not necessary for this policy, but a separate CEQA analysis would be required if the City Council initiates a ballot measure, prior to Council decision regarding placing the measure on the ballot. BOARD/COMMISSION RECOMMENDATION The Charter Review Commission was presented with the draft policy on December 11 , 2013. The Commission voted 6-0 (with one member absent) to approve the draft policy, with the following modifications: (i) expand the policy to include citizens' initiatives; and (ii) revise the policy to provide that the fiscal analysis be conducted prior to the Commission's review of the initiative. The draft policy being presented to the City Council reflects those modifications. DISCUSSION I. Introduction This draft "Policy on Processing Initiatives" is presented in response to a City Council request that the City Attorney prepare a policy governing the procedures for the initiation of ballot measures. In response to input from the Charter Review Commission, the draft Policy also includes procedures for processing citizens' initiatives. The Policy sets forth the process that should be followed for City of Chula Vista Page 1 of 6 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 29 File #: 14-0079, Version: 1 initiation, review and analysis of initiatives. The process includes a fiscal analysis of each initiative by the City's Finance staff, and review by the Charter Review Commission of those initiatives that relate to the City Charter. II. Background The current City practice for general matters presented for City Council consideration is to include analysis of the fiscal impacts of the action, both for the fiscal year in which the matter is considered, and for subsequent fiscal years. Initiatives proposing to amend the City Charter must be submitted to the voters for approval, whether the initiated by the City Council or by citizens' petition. With respect to qualifying citizens' initiatives that do not propose to amend the Charter, the City Council has discretion to adopt the proposed ordinance, or submit it to the voters. There are costs associated with placing an initiative on a ballot and significant additional costs for calling an election, if necessary, to consider the initiative. In addition, there may be costs associated with implementing the initiative. The Policy is intended to implement a process which will inform the City Council of the potential fiscal impacts and, when appropriate, the Charter implications, prior to acting on a proposed initiative. The City's Charter Review Commission is an advisory body which serves as a resource to advise and make recommendations to the City Council and the City Manager on issues affecting the provisions of the City Charter. The Commission's responsibilities include, identifying language to amend the City Charter to clarify or improve the workings of the City government, and recommending changes sufficiently in advance of elections to allow thoughtful City Council review and determination of whether to place the matter on the ballot. In addition, the Commission's functions and duties include: A. Constitute a forum for City-wide discussions, research and analysis of matters relating to current or proposed provisions of the City Charter, and amendments thereto. B. Help coordinate citizen and staff ideas with regard to potential Charter changes. C. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. In accordance with the above, the proposed Policy would implement a process by which the Charter Review Commission would consider and make recommendations to the City Council on proposed initiatives impacting or relating to the Charter, prior to City Council action on the proposed initiative. III. City Council Initiatives The California Elections Code authorizes the City Council to submit a proposition to the voters for approval on its own initiative. A City Council initiative does not require a citizens' petition. City Council initiatives that propose to amend the Charter must be submitted to voters at either an established statewide general election, or a regularly scheduled general municipal election, depending on the nature of the proposed amendment. City Council initiatives to enact, amend or repeal an ordinance can be submitted to the voters at a special or general election. In each case, there must be at least 88 days between the date the City Council orders the measure to be placed on the ballot, and the election. IV. Citizens' Initiatives City of Chula Vista Page 2 of 6 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 30 File #: 14-0079, Version: 1 Citizens may propose an ordinance by submission of an initiative petition to the City Council. Before circulating an initiative petition, the proponents must file with the City Clerk, a notice of intention to do so, accompanied by the written text of the initiative. The City Council may refer the proposed initiative measure for a report on various enumerated matters, including its fiscal impact, and "[a]ny other matters the legislative body requests to be in the report." If the City Council refers it for a report, the report must be presented to the City Council no later than 30 days after the City Clerk certifies the sufficiency of the petition to the City Council. The City Council then must either adopt the measure without change, or submit it to the voters. Qualifying citizens' initiatives that propose to amend the Charter, must be submitted to the voters at the next regularly scheduled general municipal election, or at any established statewide general or statewide primary election, occurring not less than 88 days after the date of the order of election. Accordingly, unlike other citizens' initiatives, the City Council does not have the discretion to adopt the initiative, rather than submit it to the voters. V. The Policy The draft Policy is provided as Attachment 1 to this Agenda Statement. To summarize, the Policy sets forth procedures by which the City Council will refer initiatives to the City Manager and City Attorney for preparation of a fiscal analysis and for the recommendation of the Charter Review Commission, when the proposed measure relates to the Charter. The procedures allow 45 days for preparation of the fiscal analysis and consideration by the Charter Review Commission, and vary slightly between City Council initiatives, citizens' initiatives, and citizens' initiatives to amend the City charter, in order to ensure compliance with the applicable statutory scheme. The specific procedures are set forth below, they are identical to those contained in the policy, but are provided here as well, for the Council's convenience: A. City Council Initiatives California Elections Code section 9222 authorizes the City Council to submit a proposition to the voters for approval, on its own initiative, without a citizens' petition. City Council initiatives that propose to amend the Charter must be submitted to voters at an established statewide general election, primary, or regularly scheduled general municipal election, depending on the nature of the proposed amendment. There must be at least 88 days after the date the City Council orders the election on the initiative. If the City Council, or any of its members, desires to propose an initiative for potential ballot placement, the City shall comply with the following procedures: 1. One or more members of the City Council shall, during a City Council meeting, introduce and describe the proposed initiative. 2. During the meeting at which the initiative is introduced, the City Council shall refer the proposed initiative to the City Manager for preparation of a fiscal analysis of the measure. If the proposed initiative proposes to amend, or otherwise relates to , the Charter, the City Council shall also refer the proposed initiative to the City Attorney for presentation to, and recommendation of, the Charter Review Commission. a. Fiscal Analysis. City of Chula Vista Page 3 of 6 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 31 File #: 14-0079, Version: 1 i. The City Manager shall be responsible for ensuring that the City's Finance Director reviews the proposed initiative for fiscal impacts. The Finance Director shall prepare a written analysis, detailing the potential fiscal impacts of the measure. ii. The Finance Director shall utilize the information and resources available to conduct the fiscal analysis, within fourteen days of the date the initiative is referred to the City Manager. In addition to reporting back to the City Council, the Finance Director shall provide the fiscal analysis to the City Manager and City Attorney. b. Charter Review Commission Recommendation i. If the initiative was referred for the recommendation of the Charter Review Commission, the City Attorney shall ensure that the proposed initiative, along with the fiscal analysis, is reviewed by the Charter Review Commission. The City Attorney shall present the proposed initiative to the Charter Review Commission within ten days of receiving the Finance Director's fiscal analysis. ii. After consideration of the proposed initiative and fiscal analysis, the Charter Review Commission shall provide a report to the City Council, detailing its recommendations as to how the City Council should proceed with respect to the initiative. The report may be provided to the City Council in writing, orally during a City Council meeting, or via the City Attorney, along with the minutes of the Charter Review Commission meeting. The Commission's report shall be advisory only, and shall not be binding on the City Council. 3. The fiscal analysis and the Charter Review Commission's recommendation shall be presented to the City Council within forty-five days of the date the proposed initiative was referred to the City Manager and City Attorney. 4. If the fiscal analysis or report is not presented within forty-five days, the City Manager and City Attorney shall report back to the City Council regarding the status of the fiscal analysis or the recommendation, and the reasons it has not been presented to the City Council. The City Council shall then determine how it will proceed with respect to the proposed initiative. 5. In order to comply with the above procedures, an initiative proposed by the City Council, or any City Council member, should be presented for Council consideration no later than 180 days prior to the election for which it is proposed to be placed on the ballot. B. Citizens' Initiatives - Non- Charter Amendments If an initiative petition is submitted, the City shall comply with the following procedures: 1 . If the City Clerk determines that a proposed citizens' initiative has met the publication and/or City of Chula Vista Page 4 of 6 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 32 File #: 14-0079, Version: 1 posting requirements of California Elections Code section 9205, the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which the item can be sufficiently noticed. 2. The City Council shall then refer the proposed initiative to the City Manager and the City Attorney, pursuant to section A.2.4., above. The City Council may expand the scope of the report and/or the time allotted, in accordance with applicable law. 3. Notwithstanding the above, the City shall comply with applicable law, including California Elections Code sections 9200, et seq., in processing citizens' initiatives. C. Citizens' Initiatives - Charter Amendments An initiative petition that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city, must be submitted to the voters at the next regularly scheduled general municipal election, or at any established statewide general or statewide primary election, occurring not less than 88 days after the date of the order of election. Accordingly, unlike other initiatives, the City Council does not have the discretion to adopt the initiative, rather than submit it to the voters. Notwithstanding the above, if an initiative petition proposing to amend the City's charter is submitted, the City shall comply with the following procedures: 1. If the City Clerk determines that a proposed citizens' initiative to amend the City's charter has met the requirements of California Elections Code sections 9256, et seq. , the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which the item can be sufficiently noticed. 2. If time permits, the City Council shall then refer the proposed initiative to the City Manager and the City Attorney for preparation of a report, pursuant to section A.2.4., above. 3. Notwithstanding the above, the City shall comply in all respects with California law, including Elections Code sections 1415, and 9255, et seq. , in processing initiative petitions to amend or repeal the Charter. The proposed Policy is intended to provide a mechanism to ensure that a fiscal analysis is completed for each proposed ballot measure and that Charter Review Commission review is conducted for each initiative that proposes to amend, or otherwise relates to, the City's charter. This process is intended to allow for public vetting of proposed ballot measures, whether initiated by the City Council or by citizens' initiative, and to allow the City Council to consider this information prior to making any decision on the measure. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. City of Chula Vista Page 5 of 6 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 33 File #: 14-0079, Version: 1 LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Adoption of this policy would support the Operational Excellence goal by bolstering the City's commitment to fiscal health by requiring fiscal analysis of each ballot initiative. It would also support the Connected Community goal by involving the community, through the Charter Review Commission's review and analysis of proposed initiatives. CURRENT YEAR FISCAL IMPACT The fiscal impact of adoption of this policy cannot be determined at this time. The fiscal impact will vary depending on the complexity of the proposed initiative. For example, if the proposed initiative is fairly routine, staff should be able to complete review and fiscal analysis within the prescribed time with no additional resources. However, for more complex initiatives, consultant services may be required to determine the fiscal impact of the proposed initiative. ONGOING FISCAL IMPACT The fiscal impact of adoption of this policy cannot be determined at this time. The fiscal impact will vary depending on the complexity of the proposed initiative. For example, if the proposed initiative is fairly routine, staff should be able to complete review and fiscal analysis within the prescribed time with no additional resources. However, for more complex initiatives, consultant services may be required to determine the fiscal impact of the proposed initiative. City of Chula Vista Page 6 of 6 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 34 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CITY COUNCIL POLICY FOR PUBLIC REVIEW OF CITY COUNCIL AND CITIZEN- SPONSORED INITIATIVES, INCLUDING FISCAL ANALYSIS, AND CHARTER REVIEW COMMISSION REVIEW FOR CHARTER-RELATED PROPOSALS WHEREAS in June 2012, the City Council requested that staff draft a policy for processing the initiation of ballot measures, to include a fiscal analysis and involvement of the Charter Review Commission; and WHEREAS, staff has drafted the "Policy on Processing Initiatives" in response to that request that, and with input from the Charter Review Commission; and WHEREAS, the Policy sets forth the procedures that should be followed for initiation of City Council initiatives and processing citizens' initiatives; and WHEREAS, the proposed Policy is intended to provide a mechanism to ensure that a fiscal analysis is completed for each proposed ballot measure and that Charter Review Commission review is conducted for each initiative that proposes to amend, or otherwise relates to, the City's charter; and WHEREAS, this proposed process is intended to allow for public vetting of proposed ballot measures, whether initiated by the City Council or by citizens' initiative, and to allow the City Council to consider this information prior to making any decision on the measure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Council Policy on Processing Initiatives, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Glen R. Googins Glen R. Googins City Attorney City Attorney 2014-03-25 Agenda Packet Page 35 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE I OF 4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) LBACKGROUND A. Introduction This Policy was prepared in response to a City Council request that the City Attorney prepare a policy for initiation of ballot measures, including a requirement for fiscal analysis and involvement of Charter Review Commission. This Policy sets forth the process that should be followed for initiation, review and analysis of initiatives. Initiatives can be initiated by City Council members, or by citizens' petition. California Elections Code and California Government Code govern initiatives. There are differing statutory schemes relative to: (i) City Council initiatives; (ii) citizens' initiatives that would amend a city charter; and (iii) all other citizens' initiatives. Accordingly, this Policy addresses each of these types of initiatives. B. Fiscal Analysis The current City practice for general matters presented for City Council consideration is to include analysis of the fiscal impacts of the action, both for the fiscal year in which the matter is considered, and for subsequent fiscal years. City Council initiatives and citizens' initiatives to amend the charter, and other citizens' initiatives which the City Council determines not to adopt, require submission to the voters in either general or special elections. There are costs associated with placing an initiative on a ballot and significant additional costs for calling a special election, if necessary, to consider the initiative. In addition, there may be costs associated with implementing the initiative if it is adopted by the electorate. As a result, the City Council has determined that initiatives should be analyzed by City Finance staff to determine the potential fiscal impacts, and that analysis should be presented to the City Council,before the City Council determines whether to place an initiative on the ballot. C. Charter Review Commission Review The City's Charter Review Commission is an advisory body which serves as a resource to advise and make recommendations to the City Council and the City Manager on issues affecting the provisions of the City Charter. The Commission's responsibilities include: (i) identifying language to amend the City Charter to clarify or improve the workings of the City government; and (ii) recommending changes sufficiently in advance of elections to allow thoughtful City Council review and determination of whether to place the matter on the ballot. In addition, the Commission's functions and duties include:' A. Constitute a forum for City-wide discussions, research and analysis of matters relating to current or proposed provisions of the City Charter, and amendments thereto. B. Help coordinate citizen and staff ideas with regard to potential Charter changes. Chula Vista Municipal Code,Chapter 2.29. 2014-03-25 Agenda Packet Page 36 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 2OF4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) C. Formulate specific language for proposed Charter changes to be submitted to the City Council in a form appropriate for placement on the ballot at an election wherein the proposed Charter changes can be submitted to the electorate. D. Provide analyses and reports to the City Council in connection with said recommendations. E. Prepare and submit proposed ballot arguments in favor of or against proposed Charter changes. Accordingly, the City Council has determined that initiatives which would amend the City Charter should be presented to the Charter Review Commission for consideration and recommendation, prior to City Council action to place an initiative on the ballot. PURPOSE The purpose of this Policy is to establish procedures to be followed to ensure that initiatives undergo a fiscal analysis and, when appropriate, Charter Review Commission review and recommendation to the City Council. POLICY It is the policy of the City of Chula Vista that each initiative proposed by the City Council, any member(s) of the City Council, or by citizens' initiative, be reviewed by the Director of Finance for a fiscal analysis. Furthermore, all initiatives which purport to amend the City Charter shall be reviewed by the Charter Review Commission for a recommendation to the City Council. Finally, the City Council shall review and consider the fiscal analysis and any Charter Review recommendation, prior to the City Council taking action to place an initiative on the ballot, pursuant to the procedures set forth below. A. City Council Initiatives California Elections Code section 9222 authorizes the City Council to submit a proposition to the voters for approval, on its own initiative, without a citizens' petition. City Council initiatives that propose to amend the Charter must be submitted to voters at an established statewide general election, primary, or regularly scheduled general municipal election, depending on the nature of the proposed amendment. There must be at least 88 days after the date the City Council orders the election on the initiative.2 If the City Council, or any of its members, desires to propose an initiative for potential ballot 2 Cal.Elec.Code §§1415(a)and 9255(b)(1). 2014-03-25 Agenda Packet Page 37 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 3OF4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) placement, the City shall comply with the following procedures: 1. One or more members of the City Council shall, during a City Council meeting, introduce and describe the proposed initiative. 2. During the meeting at which the initiative is introduced, the City Council shall refer the proposed initiative to the City Manager for preparation of a fiscal analysis of the measure. If the proposed initiative proposes to amend, or otherwise relates to, the Charter, the City Council shall also refer the proposed initiative to the City Attorney for presentation to, and recommendation of, the Charter Review Commission. a. Fiscal Analysis. i. The City Manager shall be responsible for ensuring that the City's Finance Director reviews the proposed initiative for fiscal impacts. The Finance Director shall prepare a written analysis, detailing the potential fiscal impacts of the measure. ii. The Finance Director shall utilize the information and resources available to conduct the fiscal analysis, within fourteen days of the date the initiative is referred to the City Manager. In addition to reporting back to the City Council, the Finance Director shall provide the fiscal analysis to the City Manager and City Attorney. b. Charter Review Commission Recommendation i. If the initiative was referred for the recommendation of the Charter Review Commission, the City Attorney shall ensure that the proposed initiative, along with the fiscal analysis, is reviewed by the Charter Review Commission. The City Attorney shall present the proposed initiative to the Charter Review Commission within ten days of receiving the Finance Director's fiscal analysis. 2014-03-25 Agenda Packet Page 38 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 4OF4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) ii. After consideration of the proposed initiative and fiscal analysis, the Charter Review Commission shall provide a report to the City Council, detailing its recommendations as to how the City Council should proceed with respect to the initiative. The report may be provided to the City Council in writing, orally during a City Council meeting, or via the City Attorney, along with the minutes of the Charter Review Commission meeting. The Commission's report shall be advisory only, and shall not be binding on the City Council. 3. The fiscal analysis and the Charter Review Commission's recommendation shall be presented to the City Council within forty-five days of the date the proposed initiative was referred to the City Manager and City Attorney. 4. If the fiscal analysis or report is not presented within forty-five days, the City Manager and City Attorney shall report back to the City Council regarding the status of the fiscal analysis or the recommendation, and the reasons it has not been presented to the City Council. The City Council shall then determine how it will proceed with respect to the proposed initiative. 5. In order to comply with the above procedures, an initiative proposed by the City Council, or any City Council member, should be presented for Council consideration no later than 180 days prior to the election for which it is proposed to be placed on the ballot. B. Citizens' Initiatives—Non- Charter Amendments If an initiative petition is submitted, the City shall comply with the following procedures: 1. If the City Clerk determines that a proposed citizens' initiative has met the publication and/or posting requirements of California Elections Code section 9205, the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which 2014-03-25 Agenda Packet Page 39 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 5OF4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) the item can be sufficiently noticed. 2. The City Council shall then refer the proposed initiative to the City Manager and the City Attorney, pursuant to section A.2.4., above. The City Council may expand the scope of the report and/or the time allotted, in accordance with applicable law. 3.Notwithstanding the above, the City shall comply with applicable law, including California Elections Code sections 9200, et seq., in processing citizens' initiatives. C. Citizens' Initiatives—Charter Amendments An initiative petition that proposes to amend or repeal a charter and is proposed by a petition signed by 15 percent of the registered voters of a city, must be submitted to the voters at the next regularly scheduled general municipal election, or at any established statewide general or statewide primary election, occurring not less than 88 days after the date of the order of election.3 Accordingly, unlike other initiatives, the City Council does not have the discretion to adopt the initiative,rather than submit it to the voters.4 Notwithstanding the above, if an initiative petition proposing to amend the City's charter is submitted, the City shall comply with the following procedures: 1. If the City Clerk determines that a proposed citizens' initiative to amend the City's charter has met the requirements of California Elections Code sections 9256, et seq., the City Clerk shall notify the City Council of the proposed measure at the next City Council meeting at which the item can be sufficiently noticed. 2. If time permits, the City Council shall then refer the proposed initiative to the City Manager and the City Attorney for preparation of a report,pursuant to section A.2.4., above. 3. Notwithstanding the above, the City shall comply in all respects with California law, including Elections Code sections 1415, and 9255, et seq., in processing initiative petitions s Cal.Elec.Code §§1415(b)and 9255(c)(1). 4 Cal.Elec.Code §9214. 2014-03-25 Agenda Packet Page 40 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CITY COUNCIL INITIATIVES POLICY EFFECTIVE NUMBER DATE PAGE 6OF4 F ED BY: (Resolution No.) DATED: ED BY: Resolution No. (date of resolution) to amend or repeal the Charter. 2014-03-25 Agenda Packet Page 41 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0124, Version: 1 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.25.110(C) RELATED TO EXCUSED ABSENCES FOR MEMBERS OF CITY BOARDS AND COMMISSIONS DUE TO UNEXPECTED, EMERGENCY SITUATIONS (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY The proposed ordinance expands the reasons for which a board or commission member's absence may be considered excused by a majority vote of the respective board or commission to allow for unexpected, emergency situations that prohibit the member's attendance. ENVIRONMENTAL REVIEW The Development Services Director 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)(5) of the State CEQA Guidelines because it involves only a change related to Excused Absences for City Boards and Commission members due to unexpected, emergency situations and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environmental; 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. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION City Charter section 602 states that, if a board or commission member is absent from three consecutive, regular meetings, the office shall become vacant and the vacancy shall be declared by the City Council, unless his or her absence is excused by a majority vote of the other members of the board or commission. Currently, pursuant to Chula Vista Municipal Code section 2.25.110.C., board and commission members, by a majority vote, may excuse a fellow board or commission member's absence from meetings for any of the following reasons: 1 . Illness of the member, family member of the member, or personal friend of the member; 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event, or City of Chula Vista Page 1 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 42 File #: 14-0124, Version: 1 5. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15 days in advance, as long as the unavailability is not expected to last for longer than 30 days. Requests for excused absences are added to the agenda of the respective board or commission and the resulting vote is reflected in the minutes of the meeting. The current reasons that permit an absence to be excused do not allow for an unexpected, emergency situation that prohibits the member's attendance, such as a car breaking down or another unforeseeable situation not already listed. Staff recommends allowing this type of absence to be considered as a reason for an excused absence. Accordingly, staff recommends that section 2.25.110.C. to add the following: "5. Unexpected, emergency situation that prohibits the member's attendance." DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Citywide Strategy 5.1 , "Encourage residents to engage in civic activities," is a key component to fostering a connected community. The City strongly values the contributions of its volunteer board and commission members. Allowing additional feasible flexibility in serving on City boards and commissions furthers the City's commitment to fostering an engaged community. CURRENT YEAR FISCAL IMPACT Adoption of the proposed ordinance will have no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None City of Chula Vista Page 2 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 43 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.25.110(C) RELATED TO EXCUSED ABSENCES FOR MEMBERS OF CITY BOARDS AND COMMISSIONS DUE TO UNEXPECTED, EMERGENCY SITUATIONS WHEREAS, the City Council anticipates that members appointed to the City's boards and commissions will make every reasonable effort to attend all regular and special meetings of their respective boards and commissions; and WHEREAS, the City Charter requires that any board or commission member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership on the particular board or commission, unless his or her absence is excused by a majority vote of the other members; and WHEREAS, Chula Vista Municipal Code Section 2.25.110(C) describes circumstances under which a board or commission member's absence may be excused; and WHEREAS, no provision currently exists to allow members to be excused due to unexpected, emergency situations that prohibit a member's attendance. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.25.110 (C) is hereby amended to read as follows: 2.25.110 Attendance requirements—Excused absences—Removal for cause. C. Board and commission members, by a majority vote, may excuse a fellow board or commission member's absence from meetings for any of the following reasons: 1. Illness of the member, family member of the member, or personal friend of the member; 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; of 5. Unexpected, emergency situation that prohibits the member's attendance; or 2014-03-25 Agenda Packet Page 44 Ordinance Page 2 6. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15 days in advance, as long as the unavailability is not expected to last for longer than 30 days. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Donna R.Norris, CMC Glen R. Googins City Clerk City Attorney 2014-03-25 Agenda Packet Page 45 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0099, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "EAST ORANGE AVENUE BIKE LANE IMPROVEMENTS BETWEEN MAX AVENUE AND MELROSE AVENUE IN THE CITY OF CHULA VISTA (CIP# STM377)" PROJECT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC . , IN THE AMOUNT OF $173,977.05, WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 RECOMMENDED ACTION Council adopt the resolution. SUMMARY On February 12, 2014, the Director of Public Works received nine (9) sealed bids for the "East Orange Avenue Bike Lane Improvements between Max Avenue and Melrose Avenue in the City of Chula Vista (STM377)" project. The project is included in the Capital Improvement Program Fiscal Year 2013/2014. The proposed resolution, if approved, would accept bids, award the contract for this project to the low bidder Palm Engineering Construction Company, Inc. in the amount of $173,977.05, waive City Council Policy 574-01 , and authorize the expenditure of all available contingency funds in an amount not to exceed $30,000. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 4 (h) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines, because the activity consists of the creation of a bike lane on an existing street right-of-way and ancillary work. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The project will narrow the existing raised median along East Orange Avenue which will provide a wider traveled way for the addition of a westbound bicycle lane. The scope of this project also includes the relocation of existing street lighting, landscape irrigation, signage, and pavement striping and markings. The goal of this CIP project is to provide a missing segment of Class 2 Bike Lanes along East Orange Avenue as indicated in the City's Bicycle Master Plan. The City applied for and received a Bicycle Transportation Account (BTA) Grant from the State of California to cover the construction costs of this project. City of Chula Vista Page 1 of 3 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 46 File #: 14-0099, Version: 1 On February 12, 2014, the Director of Public Works received nine 9 bids as follows: CONTRACTOR BID 1 Palm Engineering Construction Co., Inc. - San Diego, CA $173,977.05 2 A.B. Hashmi, Inc. - San Diego, CA $182,983.00 3 Just Construction, Inc. - San Diego, CA $188,369.00 4 Tri-Group Construction & Development - San Diego, CA $193,955.00 5 PAL General Engineering, Inc. - San Diego, CA $225,300.00 6 New Century Construction, Inc. - Lakeside, CA $239,715.00 7 Falcon Construction Co. - San Diego, CA $242,655.00 8 Ramona Paving and Construction Co. - Ramona, CA $248,569.50 9 Visionary Construction and Consulting Company - Escondido, CA $314,881.00 The low bid submitted by Palm Engineering Construction Company, Inc. is below the Engineer's estimate of $261,710 by $87,732.95 (approximately 33.5%). Palm Engineering Construction Company, Inc. has performed similar work in the City with satisfactory performance. Palm Engineering Construction Company, Inc. is a licensed General Engineering Contractor (Class A) with a current and active License No. 853930. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, if an individual change order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum Aggregate Increase in Change Orders"), then City Council approval is required. The corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under Policy No. 574-01 is $15,178. Approval of the resolution would increase the Director of Public Works' authority to approve change orders, as necessary, up to the contingency amount of $30,000, an increase of $14,822 over Policy No. 574-01. Increasing the contingency funds will allow staff to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of construction, as well as make adjustments to bid item quantities. Unforeseen conditions include such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. If the contingency funds are not used, then they will be returned to the project fund balance. Staff reviewed the lowest bid submitted by Palm Engineering Construction Company, Inc. and determined that the bid package is complete, with no errors or omissions. Therefore, staff recommends awarding a construction contract to Palm Engineering Construction Company, Inc. in the amount of$173,977.05. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. City of Chula Vista Page 2 of 3 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 47 File #: 14-0099, Version: 1 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The East Orange Avenue Bike Lane Improvements project supports the Healthy Community goal by providing additional bicycle facilities to encourage bicycle ridership in the surrounding area as an alternative mode of transportation. The project also supports the Strong & Secure Neighborhoods goal as it will improve bicycle safety on this major segment of the City's bicycle network by providing a defined bike lane adjacent to and separate from the motorized traffic. Completing the Class 2 bicycle network along this roadway creates an appealing community amenity for the residents. CURRENT YEAR FISCAL IMPACT Sufficient Bicycle Transportation Account grant and TransNet funds are available in CIP Project No. STM377 to complete the project. There is no additional impact to both funds; sufficient funding is available in the Bicycle Transportation Account Grant Fund and TransNet Fund to cover the capital costs associated with this project. There is no direct impact to the General Fund. The table below summarizes the project construction costs. FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $ 173,977.05 B. Contract Contingency $ 30,000 C. Construction Inspection Staff Cost $ 50,000 D. Other Staff Cost (Design Support, Survey Monument Preservation $15,000 & Geotechincal) 11TOTAL FUNDS REQUIRED FOR CONSTRUCTION $268,977.05 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine maintenance. City of Chula Vista Page 3 of 3 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 48 COUNCIL RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "EAST ORANGE AVENUE BIKE LANE IMPROVEMENTS BETWEEN MAX AVENUE AND MELROSE AVENUE IN THE CITY OF CHULA VISTA (CIP# STM377)" PROJECT TO PALM ENGINEERING CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $173,977.05, WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 WHEREAS, this project is included in the FY2013/2014 Capital Improvement Program (CIP) budget to add a westbound bike lane along East Orange Avenue between Max Avenue and Melrose Avenue; and WHEREAS, the City of Chula Vista was awarded a Bicycle Transportation Account (BTA) grant to cover construction costs; and WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 4 (h) categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines; and WHEREAS, on February 12, 2014, after a public bidding process, the Director of Public Works received nine (9) sealed bids for the "East Orange Avenue Bike Lane Improvements between Max Avenue and Melrose Avenue in the City of Chula Vista (STM377)" project; and 2014-03-25 Agenda Packet Page 49 Resolution No. 2014- Page 2 WHEREAS, the nine (9) bids are as follows: CONTRACTOR BID 1 Palm Engineering Construction Co., Inc. — San Diego, CA $173,977.05 2 A.B. Hashmi, Inc. — San Diego, CA $182,983.00 3 Just Construction, Inc. — San Diego, CA $188,369.00 4 Tri-Group Construction & Development — San Diego, CA $193,955.00 5 PAL General Engineering, Inc. — San Diego, CA $225,300.00 6 New Century Construction, Inc. — Lakeside, CA $239,715.00 7 Falcon Construction Co. — San Diego, CA $242,655.00 8 Ramona Paving and Construction Co. — Ramona, CA $248,569.50 9 Visionary Construction and Consulting Company— Escondido, CA $314,881.00 WHEREAS, the low bid submitted by Palm Engineering Construction Company, Inc. is below the Engineer's estimate of$261 ,710 by $87,732.95 (approximately 33.5%); and WHEREAS, Palm Engineering Construction Company, Inc. has performed similar work in the City with satisfactory performance; and WHEREAS, Palm Engineering Construction Company, Inc. is a licensed General Engineering Contractor (Class A) with a current and active License No. 853930; and WHEREAS, the Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract; and WHEREAS, sufficient BTA funds and TransNet funds are available in the CIP Project No. STM377 to complete the project; and 2014-03-25 Agenda Packet Page 50 Resolution No. 2014- Page 3 WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $ 173,977.05 B. Contract Contingency $ 30,000 C. Construction Inspection Staff Cost $ 50,000 D. Other Staff Cost (Design Support, Survey Monument Preservation & Geotechnical) $15,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $268,977.05 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accept bids and awards the contract for the "East Orange Avenue Bike Lane Improvements between Max Avenue and Melrose Avenue in the City of Chula Vista (STM377)" project to Palm Engineering Construction Company, Inc. in the amount of$173,977.05. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby waive Council Policy No. 574-01 and authorize the expenditure of all available contingency funds in an amount not to exceed $30,000. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-03-25 Agenda Packet Page 51 i E I i 1 s � 1 CITY of CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council policy 101-01,prior to any action upon matters that will requite discretionary action by the Council,Planning Commission and all other official bodies of the City,a statement of disclosure of certaia ownership or financial interests,pay=nts, or campaign contributions for a City of Chula Vista election must be filed.The following information must be disclosed: X, 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. 2. If any person`identified pursuant to(1)above is a oorporation or partnership,list the names of all individuals with a$2000 investment in the business(corporation/partnership)entity, f I t 3. If any person*identified pursuant to(1)above is a non-profit organization or trust,list the names of any person serving as director of the nonprofit organization or as trustee or beneficiary or trustor 11of the trust. MIA . t « ff fEf - f 4. Please identify every person, iticluding any agents, employees, consultants, or independent contractors you have assigned to Tepresent you before the City in this matter. I f 5. Has any person*associated with this contract had any financial dealings with an off cial*'' f tltl e City of Chula Vista as it relates to this contract within the past 12 months? Yes No i i 21 QAEpgi =ingW]ProjeotASTMWM377-E orange Bike Lan6Spec\STM377-ODntract Speoadoc i i E 2014-03-25 Agenda Packet Page 52 ! i I i I ! s if Yes,briefly describe the nature of the financial interest the official*.*may have in this contract. � Ii 6. Have you made a contribution of more than$2�(l thin the past twelve(12)monft to a current member of the Chula Vista City Council?No s If yes,which Council member? I E T 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(12)motes?(Thi heludes being a source of income,money to i I retire a legal debt,gift,loan,etc.)Yes_ loo Tf'Yes,which official"and what was the nature of item.provided? - I Date '2_.-...._-..-._, t 2-1 i Signature of Contractor/Applicant Print or a name of Contractor/Applicant Person is defined as: any individual, arm, 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. * Q£ficial includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, conur&sion,or committee of the City, employee, or staff members. � I i ' I i II 22 ! Q:ilingiueazbglAh PrOjocWSTM1STM377-B Orange Bike,Utnb'Spec1STM377-Contract Sge .dQo - I i 2014-03-25 Agenda Packet Page 53 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0112, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "INDUSTRIAL BOULEVARD SEWER IMPROVEMENT PROJECT FROM MAIN STREET TO ANITA STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP# SW263)" TO GRFCO INC. IN THE AMOUNT OF $674,500 WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $101 ,175. RECOMMENDED ACTION Council adopt the resolution. SUMMARY On February 19, 2014, the Director of Public Works received five (5) sealed bids for the "Industrial Boulevard Sewer Improvement Project, between Main Street and Anita Street (SW263)". The project scope consists of the removal and replacement of existing sewer pipe and sewer manholes, and other miscellaneous work to complete the improvements. The proposed resolution, if approved, would accept the bids, award the contract to GRFO Inc. in the amount of $674,500, waive City Council Policy 574-01 , and authorize the expenditure of all available contingency funds in an amount not to exceed $101 ,175. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(b) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines, because the project, which consists of replacing an existing undersized 12-inch sewer line with an 18-inch sewer line, is being constructed solely to rectify certain operational and functional issues associated with existing flows, rather than to accommodate new or increased flows. As there will be no expansion of use, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Industrial Boulevard Sewer Improvement project involves the removal and replacement of approximately 1 ,300 lineal feet of sewer pipes, sewer laterals connections, and removal and replacement of existing sewer manholes. The project will divert sewer flows from Industrial Boulevard directly into the Salt Creek Interceptor. On February 19, 2014, the Director of Public Works received five (5) seal bids. The following bids were received: City of Chula Vista Page 1 of 3 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 54 File #: 14-0112, Version: 1 Contractor Bid Amount 1. GRFCO Inc. - Moreno Valley, CA $674,500.00 2. PALM Engineering - San Diego, CA $687,050.00 3. WIER Construction - Escondido, CA $784,470.00 4. Burtech Pipeline - Encinitas, CA $809,875.00 5. MODE Engineering- Laguna Niguel, CA $971,500.00 The low bid submitted by GRFCO Inc. is below the Engineer's estimate of $770,000 by $95,500, or approximately 12%. This difference can likely be attributed to the high degree of competition within the current construction market. GFRCO Inc. has satisfactorily completed projects for other Cities of a similar nature. GRFCO Inc. Contractor's License No. 291013 is current and active. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574-01, when an individual change order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum Aggregate Increase in Change Orders"), City Council approval is required. For this project the corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under Policy No. 574-01 is $50,215. Approval of tonight's resolution would increase the Director of Public Works' authority to approve change orders, as necessary, up to the contingency amount of $101,175, an increase of $50,960 over Policy No. 574-01. Increasing the contingency funds will allow staff to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of construction, as well as make adjustments to bid item quantities. Unforeseen conditions include such items as utility conflicts, hazardous materials, unexpected underground conflicts, etc. If the contingency funds are not used, then they will be returned to the project fund balance. Staff reviewed the lowest bid submitted by GRFCO Inc. and determined that the bid package is complete, with no errors or omissions. Therefore, staff recommends awarding a construction contract to GRFCO Inc. in the amount of$674,500. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment 1. Wage Statement The source of funding for this project is Sewer Facility Replacement Fee Fund. Contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid by sending "Notice to Contractors" to various trade publications. 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. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that City of Chula Vista Page 2 of 3 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 55 File #: 14-0112, Version: 1 may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Sewer Improvement along Industrial Boulevard between Main Street and Anita Street project support the Strong & Secure Neighborhood goal as it will ensure a sustainable and well maintain wastewater infrastructure by improving existing sewer capacity and help insure the wastewater facilities meets the need of the public. CURRENT YEAR FISCAL IMPACT Sufficient Sewer Facility Replacement Funds are available in CIP Project No. SW263 to complete the project. There is no additional impact to the Sewer Facility Replacement Fund as sufficient funding is available to cover the capital costs associated with this project. There is no direct impact to the General Fund. The table below summarizes the project construction costs. FUNDS REQUIRED FOR CONSTRUCTION CONTRACT A. Base Contract Amount B. Contract Con$674,500 Inspection Staff Costs D. Design/Survey/N$101 ,175 $65,000 $50,000 TOTAL FUNDS REQUIRED FOR CONS $890,675 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance, which is funded through the Sewer Service Fee. City of Chula Vista Page 3 of 3 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 56 COUNCIL RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "INDUSTRIAL BOULEVARD SEWER IMPROVEMENT PROJECT FROM MAIN STREET TO ANITA STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP # SW263)" TO GRFCO INC. IN THE AMOUNT OF $674,500, WAIVING CITY COUNCIL POLICY 574-01 , AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $101 ,175. WHEREAS, this project involves the removal and replacement of approximately 1 ,300 lineal feet of sewer pipes, sewer laterals connections, and removal and replacement of existing sewer manholes. The project will divert sewer flows from Industrial Boulevard directly into the Salt Creek Interceptor; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and WHEREAS, on February 19, 2014, after a public bidding process, the Director of Public Works received five (5) sealed bids for the ""Industrial Boulevard Sewer Improvement Project, between Main Street and Anita Street in the City of Chula Vista (SW263)" project; and WHEREAS, the five (5) bids submitted are as follows: CONTRACTOR BID AMOUNT 1 . GRFCO Inc. — Moreno Valley, CA $674,500.00 2. PALM Engineering — San Diego, CA $687,050.00 3. WIER Construction — Escondido, CA $784,470.00 4. Burtech Pipeline — Encinitas, CA $809,875.00 5. MODE Engineering— Laguna Niguel, CA $971 ,500.00 WHEREAS, the low bid submitted by GRFCO Inc. is below the Engineer's estimate of$770,000 by $95,500 (approximately 12 %); and WHEREAS, GFRCO Inc. has satisfactorily completed projects for other Cities of a similar nature; and C:AUsers\GRAlVIC-l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @20054D2B\@BCL @20054D2B.doc 2014-03-25 Agenda Packet Page 57 Resolution No. 2014- Page 2 WHEREAS, GFRCO Inc. is a licensed General Engineering Contractor Class A with a current and active License No. 291013; and WHEREAS, the Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract; and WHEREAS, sufficient Sewer Facility Replacement funds are available in the CIP Project No. SW263 to complete the project; and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION CONTRACT A. Base Contract Amount $674,500 B. Contract Contingencies $101 ,175 C. Construction Inspection Staff Costs $65,000 D. Design/Survey/Monument Preservation $50,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION CONTRACT $890,675 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accept bids and awards the contract for the "Industrial Boulevard Sewer Improvement Project, between Main Street and Anita Street (SW263)" project to GRFO Inc. in the amount of$674,500, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby waive Council Policy No. 574-01 and authorize the expenditure of all available contingency funds in an amount not to exceed $101,175. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-03-25 Agenda Packet Page 58 I f 3 1 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 Trust be filed.The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract,e.g.,owner,applicant,contractor,subcontractor,material supplier. GRFCO,INC. j 2. If any person*identified pursuant to(1)above is a corporation or partnership,list the names of all individuals with a$2000 investment in the business(corporation/partnership)entity. I I i i ' I j 3. If any person*identified pursuant to(1)above is a non-profit organization or trust,list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. i i j I 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. j 5. Has any person`associated with this contract had any financial dealings with an official** of the � City of Chula Vista as it relates to this contract within the past 12 months? Yes No ✓ i I I I i i 23 Q:TngineeringlA]l ProjectsNSW\SW263 Industrial(Main-Anita)1Specs\Specification-Final.docx 2014-03-25 Agenda Packet Page 59 i I If Yes,briefly describe the nature,of the financial interest the officials*may have in this contract, 6. Have you made a contribution of more titan.$250 within the past twelve(12)months to a current member of the Chula Vista City Council?Not-Yes_If yes,which Council member? i i 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(12)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 naturc of item provided? i I Date: �' '2 G Sinatur f ontractor/Applicant Pript``or type name of Contractor/Applicnant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social i 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. I Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. k 24 QAEngineeringW1 ProjectAMSW263 Industrial(Main-Anita)ISpecslSpecifcation-Final.doex 2014-03-25 Agenda Packet Page 60 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0114, Version: 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON SAN MIGUEL RANCH ROAD BETWEEN PROCTOR VALLEY ROAD AND SR- 125 AND REVISING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS ESTABLISHED SPEED LIMIT (FIRST READING) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council place ordinance on first reading. SUMMARY Staff completed an Engineering and Traffic Survey for a segment of San Miguel Ranch Road in accordance with the California Vehicle Code, which indicates that the posting of speed limits be determined by an Engineering and Traffic Survey for each street with a posted speed limit within the City. Based on the results of this speed survey, staff has determined that a 45 mph speed limit be established on San Miguel Ranch Road, between Proctor Valley Road and SR-125. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA Guidelines because the proposed project consists of increasing the posted speed limit on an existing street resulting in negligible or no expansion of the street use. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION The Safety Commission, at their meeting on February 5, 2014, voted to concur with staff's recommendations to establish a 45 mph speed limit on San Miguel Ranch Road, between Proctor Valley Road and SR-125. DISCUSSION As part of the initial roadway construction project for San Miguel Ranch Road, between Proctor Valley Road and SR-125, 35 mph speed limit signs and legends were installed (see Attachment 1 , Location Plat). Now that the roadway has been accepted by the City of Chula Vista, it is necessary to establish the speed limit. Speed zones are established on the basis of an "Engineering and Traffic Survey" and adoption of City Council Ordinance. The survey includes an analysis of the current speed distribution of free-flowing vehicles without any impacts from roadside, nearby development and/or construction. Engineering and Traffic Survey City staff completed speed surveys on San Miguel Ranch Road, between Proctor Valley Road and City of Chula Vista Page 1 of 4 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 61 File #: 14-0114, Version: 1 SR-125 in accordance with the California Vehicle Code which indicates that the posting of speed limits be determined by an Engineering and Traffic Survey (see Attachment 2). As described in the California Vehicle Code, the survey shall include: (1) Prevailing speeds as determined by traffic engineering measurements; (2) Accident records; (3) Traffic/roadside conditions not readily apparent to the driver. These roadway characteristics are then used to help determine an appropriate speed limit. The Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5 mph increment of the 85 th percentile speed. Speed limits established on the basis of the 85 th percentile speed conform to the consensus of those who drive the street as to what speed is reasonable and safe, and are not dependent on the judgment of one or a few individuals. Speed limits posted higher than the 85 th percentile speed are not generally considered reasonable and safe while speed limits posted below the 85 th percentile typically do not facilitate the orderly movement of traffic. When roadside development results in excessive traffic conflicts or unusual conditions exist that are not apparent to drivers, the 85 th percentile speed limit may be further reduced by 5 mph. If the 5 mph reduction procedure is applied, the Engineering and Traffic Survey shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The Engineering and Traffic Survey determined that the 85 th percentile speed on San Miguel Ranch Road, between Proctor Valley Road and SR-125 is 44 and 47 mph. Per speed limit establishment protocol, this was measured during the off-peak hours under normal driving conditions, as required per the MUTCD. Physical Conditions San Miguel Ranch Road, between Proctor Valley Road and SR-125 is 3,853 feet (0.73 miles) long and 74' curb-to-curb with a 10' raised median. The street is classified as a Class I Collector. The following table describes the existing conditions along San Miguel Ranch Road: Segment Limits: San Miguel Ranch Road, between Proctor Valley Road and SR125. Length/Width: 3,853 feet (0.73 miles)/74' curb to curb with a 10' raised median Classification: Class I Collector. ADT (Year): 7,647 (2010, Avenida Loretta - SR125). Exist. Speed Limit:Posted 35 mph on San Miguel Ranch Road, between Proctor Valley Road and SR-125, but without the required "Engineering and Traffic Survey" and adoption of City Ordinance. 85th% Speed: 47 mph between Avenida Altamira and Avenida Loretta, and 44 mph between Avenida Loretta and SR125. Number of Lanes: 4 total lanes (2 per direction) between Proctor Valley Road and SR125 and left turn lane pockets. Striping: 4 lanes, left-turn pockets, right-turn pocket, crosswalks, limit lines City of Chula Vista Page 2 of 4 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 62 File #: 14-0114, Version: 1 and bike lanes. Parking and Bike No Parking allowed. Bike lanes are located along the entire Facilities: segment in both directions. Land Use: Residential with no direct driveway access or frontage. Horizontal Alignment: A horizontal curve is located west of the SR125 ramps with a radius of 1100' over a length of 416' along the centerline with a design speed of 60 mph. Vertical Alignment: A crest vertical curve, located between Avenida Loretta and the SR125 with an +8.00% to a 2.25% grade change over 600' produces a design speed of 47 mph. Accident Rate: The accident rate at this segment is 0.33 (accidents per million vehicle miles) and is lower than the rate of 1 .53 for similar roadways in the State of California (2010). Special Conditions: Bike lanes exist on both sides of San Miguel Ranch Road. SR125 on and off ramps located at the easterly end of the segment. CONCLUSION: When speed limits are appropriately established (set at the 5 mph increment of speed in the upper half of the normal pace of traffic (85th percentile)) the following objectives are achieved: - Meaningful, unambiguous enforcement - Voluntary public compliance - Clear identification of the unreasonable violator - Elimination of unjustifiable "tolerances" of higher speed travel Based on the 85 th percentile speed of the roadway, as well as low collision rate and other roadway characteristics outlined in the Engineering/Traffic Survey, staff has determined that the 45 mph speed limit should be established along San Miguel Ranch Road. Should the City Council establish the proposed 45 mph speed limit, Schedule X of the register maintained in the office of the City Engineer would be revised to show the following: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street: San Miguel Ranch Road Beginning At: Proctor Valley Road Ending At: SR125 Proposed Speed Limit: 45 mph 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. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The proposed speed limit modification would require the replacement and posting of new speed limit City of Chula Vista Page 3 of 4 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 63 File #: 14-0114, Version: 1 signs and marking of new pavement speed limit legends. The cost to install these improvements is approximately $1,500. The required work will be funded by TransNet funds associated with Capital Improvement Project, TF-332, Signing and Striping Program. There is no additional impact to the TransNet Fund as sufficient funding is available to cover program costs associated with this project. ONGOING FISCAL IMPACT There is no ongoing fiscal impact at this time. The improvements will require only routine City maintenance. ATTACHMENTS 1. Location Plat 2. Speed Survey City of Chula Vista Page 4 of 4 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 64 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 45 MPH SPEED LIMIT ON SAN MIGUEL RANCH ROAD BETWEEN PROCTOR VALLEY ROAD AND SR-125 AND REVISING SCHEDULE X OF THE REGISTER MAINTAINED IN THE OFFICE OF THE CITY ENGINEER TO INCLUDE THIS ESTABLISHED SPEED LIMIT WHEREAS, as part of the initial roadway improvement plans, 35 mph posted speed limit signs and legends on San Miguel Ranch Road, between Proctor Valley Road and SR-125 were installed. Being a brand new roadway, the posted speed limit was not established by an "Engineering and Traffic Survey" and without the adoption of City Council Ordinance as required by the California Vehicle Code and the Chula Vista Municipal Code. Now that the roadway has been accepted by the City of Chula Vista, it is necessary to establish the speed limit; and WHEREAS, city staff completed a speed survey along San Miguel Ranch Road,between Proctor Valley Road and SR-125 in accordance with the California Vehicle Code, which indicates that the posting of speed limits be determined by an Engineering and Traffic Survey; and WHEREAS, as described in the California Vehicle Code, the speed survey shall include 1) Prevailing speeds as determined by traffic engineering measurements; 2) Accident records; and 3) Traffic/roadside conditions not readily apparent to the driver; and WHEREAS, these roadway characteristics are then used to help determine an appropriate speed limit. In addition, the Manual on Uniform Traffic Control Devices (MUTCD) states that the speed limit shall be established at the nearest 5mph increment of the 85th percentile speed. Also, if the 5mph reduction is applied, the Engineering and Traffic Survey shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer; and WHEREAS, the Engineering and Traffic Survey determined that the 85th percentile speed on San Miguel Ranch Road, between Proctor Valley Road and SR-125 is 44 and 47 mph. Per speed limit establishment protocol, this was measured during the off-peak hours under normal driving conditions, as required per the MUTCD; and WHEREAS, based on the 85th percentile speed of the roadway, as well as other roadway characteristics outlined in the Engineering/Traffic Survey, staff has determined that the 45 mph speed limit should be established along San Miguel Ranch between Proctor Valley Road and SR- 125; and WHEREAS, on February 5, 2014, the City of Chula Vista Safety Commission concurred with staff s recommendation that the speed limit on San Miguel Ranch between Proctor Valley Road and SR-125 should be 45 mph; and 2014-03-25 Agenda Packet Page 65 Ordinance No. Page 2 WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. ESTABLISH SPEED LIMIT That the speed limit on San Miguel Ranch between Proctor Valley Road and SR-125 be established at 45 MPH and Schedule X of the register maintained in the office of the City Engineer be revised to show the following: 10.48.020 Schedule X—Established Speed Limits in Certain Zones —Designated Name of Street Beginning At Ending At Proposed Speed Limit San Miguel Ranch proctor Valley Road SR-125 45 mph Road IL EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-03-25 Agenda Packet Page 66 - -- _ t tm ri H * rf- rp Ln ' y.r _' ��`' � '•*- /fit (¢ 44 ���_+c}'� 111 ry ' r`r ,I�r�`• fr f �4 F--r; Y � tij/ d Ln N SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY STREET: San Miguel Ranch Road LIMITS: Proctor Valley Road(North) - SR 125 Length of Segment(ft): 3,853' (0.73 miles) Existing Posted Limit(mph): Posted 35 mph without the required"Engineering and Traffic Survey" and adoption of City Ordinance SUMMARY OF SPEED SURVEYS Segment: Avenida Altamira-Avenida Loretta Avenida Loretta-SR-125 Date Taken: 12/11/13 11/26/13 No.of Vehicles on Sample (cars): 100 100 85th Percentile (mph): 47 44 Range of Speeds Recorded(mph): 34-53 29-50 ROADWAY CHARACTERISTICS Width (ft): 74' curb to curb with a 10'raised center median Total No. of Lanes: 4 total lanes(2 per direction, at Proctor Valley Road in the westbound direction lanes turn into 1 right turn lane,and 1 left-turn lane) Horizontal Alignment: A horizontal curve located to the west of the SR-125 ramps with a radius of 1100' over a length of 416' along the centerline produces a design speed of 60 mph. Vertical Alignment: A crest vertical curve located between Avenida Loretta and the SR-125 with an 8.00%to a 2.25%grade change over 600'produces a design speed of 47 mph. TRAFFIC CHARACTERISTICS Average Daily Traffic: 7,647 (2010,Avenida Loretta- SR-125) On-Street Parking: Not allowed Special Conditions: SR-125 northbound on and southbound off ramps are located on the east end of the segment. Bike lanes are located along the entire segment. Accident History: The accident rate at this segment is 0.33 (accidents per million vehicle miles)which is lower than the rate of 1.53 for similar roadways in the State of California(2010). SURVEY RESULTS Study was Prepared by: Erica Wood Date: 12/26/2013 Recommendation: Establish a 45 mph speed limit due to the 85th percentile speed,roadway and traffic conditions. Date Recommendation Approved: By: Muna Cuthbert,P.E. Approved Speed Limit(mph): 45 mph Per CVC 40802, Survey Expires: 11/26/2020 2014-03-25 Agenda Packet Page 68 a : : • DIRECTION: WB = 0 EB 5 10 15 20 RECORDER: Erica Wood TOTAL NUMBER OF VEHICLES: 100 0 off �� • 1 111 - • • • • � � DIRECTION: WB = 0 EB 5 10 15 20 RECORDER: Erica Wood TOTAL NUMBER OF VEHICLES: 100 • •--• - • • •11 •� City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0120, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013-14 EQUIPMENT REPLACEMENT FUND BUDGET AND APPROPRIATING $38,868 TO THE CAPITAL EXPENSES CATEGORY FROM THE AVAILABLE FUND BALANCE AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $182,768.10 FOR A STREET POTHOLE ASPHALT PATCH TRUCK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF REQUEST FOR BID NUMBER B02-13/14 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Funds were allocated in the approved Equipment Replacement Fund budget for fiscal year 2013-14 to replace one street pothole asphalt patch truck. A bid solicitation was prepared by the Purchasing Department to provide the referenced vehicle in compliance with specifications developed for that purpose. The bid was advertised electronically on Planet Bids and was also advertised in the Star News in accordance with Purchasing Rules and Regulations. Three vendors submitted a formal bid response. The lowest bidder, Municipal Maintenance Equipment, Inc., was deemed non responsive. Staff recommends that the bid be awarded to the lowest responsive, responsible bidder, San Diego Freightliner. The capital Equipment Replacement Fund includes a budget of $143,900 for replacement of the patch truck. The total bid price including taxes is $182,768.10. Staff recommends amending the fiscal year 2013-14 Equipment Replacement Fund budget and appropriating $38,868 to the capital expenses category. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The approved capital Equipment Replacement Fund for fiscal year 2013-14 authorizes the replacement of a street pothole asphalt patch truck. Technical specifications were prepared by the Fleet Manager, working with responsible staff in the appropriate programs, in order to request bids for the replacement patch truck. Original bid submittals are available in the Purchasing Agent's City of Chula Vista Page 1 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 71 File #: 14-0120, Version: 1 office. The lowest bidder, Municipal Maintenance Equipment, Inc., was deemed non responsive. The bid does not comply with the 180 day delivery requirement and does not comply with the requirement for a rear tail light wig-wag. The delivery date is crucial as one of the two patch trucks is currently out of service. Any needed maintenance or repair work of the second vehicle could far outweigh the small price differential in the bids in addition to causing downtime for the crews. Staff recommends that the bid be awarded to the lowest responsive, responsible bidder, San Diego Freightliner. The Purchasing Section of the Finance Department concurs in this assessment. The bid by San Diego Freightliner is for a 2015 model truck. Staff has confirmed with the vendor that the 2015 truck is already in production and it will be able to meet the delivery schedule. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The replacement of the patch truck supports the Strong and Secure Neighborhoods goal as the truck will be used to maintain public streets. CURRENT YEAR FISCAL IMPACT The fiscal year 2013-14 capital Equipment Replacement Fund includes a budget of $143,900 for replacement of the patch truck. The amount for this purchase including taxes is $182,768.10, which is a difference of $38,868.10. This action amends the fiscal year 2013-14 Equipment Replacement Fund budget and appropriates $38,868 to the capital expenses category from the available fund balance of$132,374. ONGOING FISCAL IMPACT There is no ongoing fiscal impact other than preventive maintenance as this is a replacement vehicle and the existing vehicle will be removed from the fleet. City of Chula Vista Page 2 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 72 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013-14 EQUIPMENT REPLACEMENT FUND BUDGET AND APPROPRIATING $38,868 TO THE CAPITAL EXPENSES CATEGORY FROM THE AVAILABLE FUND BALANCE AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $182,768.10 FOR A STREET POTHOLE ASPHALT PATCH TRUCK IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF REQUEST FOR BID NUMBER B02-13/14 WHEREAS, the Fiscal Year 2013/14 Equipment Replacement Fund budget provides for the replacement of a street pothole asphalt patch truck; and WHEREAS, the Purchasing Agent issued Request for Bids number B02-13/14, in accordance with Purchasing Rules and Regulations; and WHEREAS, San Diego Freightliner has been determined to be the lowest responsive, responsible bidder in compliance with the terms and conditions of RFB B02-13/14; and WHEREAS, the capital Equipment Replacement Fund includes a budget of$143,900 for replacement of the patch truck and the total purchase price including taxes is $182,768.10, which is a difference of$38,868.10; and WHEREAS, the Equipment Replacement Fund has unanticipated revenue in excess of $38,868.10 from the sale of vehicles that have been taken out of service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: I. Amend the fiscal year 2013-14 Equipment Replacement Fund budget and appropriate $38,868 to the capital expenses category of the Equipment Replacement Fund from the available fund balance; and 2. Award a purchase agreement in the amount of$182,768.10 for a street pothole asphalt patch truck to San Diego Freightliner in accordance with the terms and conditions of request for bid number B02-13/14. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-03-25 Agenda Packet Page 73 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0135, Version: 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DONATION OF TWO FIRE ENGINES TO THE MUNICIPALITIES OF TECATE AND ENSENADA IN BAJA CALIFORNIA RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2013, the City Council authorized the lease/purchase of a new fire engine. With the addition of the new engine, staff also recommended removing from service two aged reserve fire engines that have significant mechanical repair issues. In Council discussion of the item, it was suggested that the Fire Chief consider donating the two engines to neighboring cities in Mexico for continued use. The municipalities of Tecate and Ensenada in Baja California have each expressed interest in adding a fire engine to their fleet. This action authorizes the donation of the fire engines. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; 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. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The municipalities of Tecate and Ensenada in Baja California have each expressed interest in adding a fire engine to their fleet. This action authorizes the donation of one fire engine to each municipality. The fire engines will be donated as is without any warranty or expectation of performance. The estimated salvage value at auction of the two fire engines is $25,000 (see attached letter regarding estimated value). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy City of Chula Vista Page 1 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 74 File #: 14-0135, Version: 1 Community, Strong and Secure Neighborhoods and a Connected Community. The donation of the fire engine supports the Connected Community goal, which includes cultivating and promoting partnerships that expand and improve services. Strengthening relationships with neighboring cities that are important trade partners for City businesses and tourist destinations for residents can have long-term reciprocal benefits as those cities consider reinvestment back into the region. CURRENT YEAR FISCAL IMPACT The estimated salvage value at auction of the two fire engines is $25,000. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as this is a one-time donation that will remove vehicles from the fleet. ATTACHMENT: Letter Regarding Estimated Value of Two Reserve Fire Engines City of Chula Vista Page 2 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 75 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DONATION OF TWO FIRE ENGINES TO THE MUNICIPALITIES OF TECATE AND ENSENADA IN BAJA CALIFORNIA WHEREAS, the City owns two aged reserve fire engines that have significant mechanical repair issues and are recommended to be taken out of service; and WHEREAS, the estimated salvage value at auction of the two fire engines is $25,000; and WHEREAS, the municipalities of Tecate and Ensenada in Baja California have each expressed interest in adding one of the fire engines to their fleet; and WHEREAS, the donation of the fire engines to Tecate and Ensenada can strengthen relationships with these neighboring cities that are important trade partners for City businesses and tourist destinations for residents, which can have long-term reciprocal benefits as those cities consider reinvestment back into the region; and WHEREAS, the fire engines would be donated in their existing condition without any warranty or expectation of performance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the donation of the fire engines to the municipalities of Tecate and Ensenada in Baja California. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-03-25 Agenda Packet Page 76 - - r � 1 j CITY OF I Public Ors Department March 10, 2014 James Garcia Deputy Fire Chief Re: Estimated Value of Fire Engines RE-1 and RE-5 Dear Jim, Per your request, below is my estimate of value of each of the two reserve fire apparatus to be taken out of service. My estimated value is based on my experience with the previous sale at auction of other fire apparatus and other similar vehicles. Both fire engines have significant mechanical repair issues that greatly diminish their value. Truck#4507,RE-1, 1992 Seagrave model JB50DH Estimate of value is roughly$10,000. Truck#4502, RE-5, 1985 Seagrave model 1500 Estimate of value is roughly$15,000 Please feel free to contact me if you have any questions. Sincerely, Steve Dorsey Fleet Manager Desk 619-397-6187 Cell 619-571-7033 Copy to: Iracsema Quilantan,Assistant Director of Public Works Operations Michael Lengyel, Senior Management Analyst 2014-03-25 Agenda Packet Page 77 City of Chula Vista CTY CHUILAVISTA Legislation Text File #: 14-0123, Version: 1 CONSIDERATION OF THE SPONSORSHIP OF HARBORFEST 2014 AND RATIFYING THE FILING OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR FUNDING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2014 HARBORFEST EVENT, APPROVING AND RATIFYING THE FILING OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR COMMUNITY ENHANCEMENT PROGRAM FUNDING DURING THE COUNTY'S 2014-2015 FISCAL YEAR; AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in the summer 2014. The event will promote entertainment and outdoor activities on the Chula Vista Bayfront. ENVIRONMENTAL REVIEW The Development Services Department Director 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)(5) of the State CEQA Guidelines because the project is approval of City sponsorship for the Harbor Fest and approval of an application for grant funds for the Harbor Fest, all of which are administrative activities that will not result in a direct or indirect physical change in the environment; 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. BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in the summer 2014. The event will support activation of the City of Chula Vista and Port of San Diego Tidelands. Activities include entertainment, a Kids Zone, live music performances, a Seafood Festival and Wine and Craft Beer Garden, a car and boat show, paddle board demonstrations, and other activities. Sponsorship and fundraising activities are underway through a committee established by Councilmember Pamela Bensoussan. A $10,000 grant for Community Enhancement Funding from the County of San Diego has been requested. The attached resolution approves the filing of an application with the County of San Diego for Community Enhancement Program Funding during the County's 2014-2015 Fiscal Year. DECISION-MAKER CONFLICT City of Chula Vista Page 1 of 2 Printed on 3/20/2014 powered by Leg 2014-03-25 Agenda Packet Page 78 File #: 14-0123, Version: 1 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. Staff is not independently aware, and has not been informed by any member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community This event supports two Strategic Plan goals. HarborFest 2014 will advance the Economic Vitality goal by activating the Bayfront and bring new and returning visitors to enjoy activities, shop, and dine. The Connected Community Goal emphasizes activities, like Harbor Fest, that enrich the community's quality of life. CURRENT YEAR FISCAL IMPACT There is no fiscal impact in the current fiscal year as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. If awarded, the funding from the Community Enhancement Program will help offset some of the costs for the 2014 HarborFest event. Additional funding sources will be required in order to move forward with the event and avoid general fund impacts. Currently, sponsorship and fundraising activities are underway through a stakeholder committee. ATTACHMENTS None. City of Chula Vista Page 2 of 2 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 79 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2014 HARBORFEST EVENT, APPROVING AND RATIFYING THE FILING OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR COMMUNITY ENHANCEMENT PROGRAM FUNDING DURING THE COUNTY'S 2014-2015 FISCAL YEAR; AND AUTHORIZING THE CITY MANAGER TO SIGN THE GRANT AGREEMENT WHEREAS, the City Council supports activating the Chula Vista Bayfront; and WHEREAS, HarborFest 2014 includes myriad activities designed to activate the Chula Vista Bayfront; and WHEREAS, HarborFest 2014 activities are supported in part from grants, sponsorships, event fees, and ticket sales; and WHEREAS, the City desires to participate in sponsoring HarborFest 2014; and WHEREAS the County of San Diego Community Enhancement Program provides funding for non-profit corporations or government/public agencies for certain specified purposes; and WHEREAS, the City of Chula Vista wants to file an application with the County of San Diego for Community Enhancement Program funding; and WHEREAS, the application deadline for the Community Enhancement Funding was March 1 , 2014 and, accordingly, the City Manager submitted an application to meet that deadline, a copy of which has been provided to the City Council; and WHEREAS, the City Council ratifies the City Manager's actions in submitting that application and desires that the City Manager have the authority to take all actions reasonably necessary on behalf of the City to obtain the Community Enhancement Funding, including signing a grant agreement with the County of San Diego for such funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1 . Confirms that the City of Chula Vista is a public agency under the laws of the State of California; 2. Approves the filing of an application with the County of San Diego for Community Enhancement Program funding during the County's 2014- 2014-03-25 Agenda Packet Page 80 2015 fiscal year, and ratifies the actions taken by the City Manager to do so; and 3. Authorizes the City Manager or his designee to sign a grant agreement with the County of San Diego for Community Enhancement Funds for the 2014-2015 fiscal year. Presented by Approved as to form by James D. Sandoval Glen R. Googins City Manager City Attorney 2014-03-25 Agenda Packet Page 81 One Application Per COUNTY OF SAN DIEGO Organization APPLICATION FOR FISCAL YEAR 2014115 COMMUNITY ENHANCEMENT FUNDING Grant agreement period:July 1,2014 through June 30,2015 APPLICATION DEADLINE: MARCH 1, 2014 i READ INSTRUCTIONS FIRST ALL FIELDS MUST BE COMPLETED AS APPLICABLE ELIGIBILITY: Only non-profit or government/public agencies operating in San Diego County may apply. What is the legal status of your organization? C1 Non-profit Corporation (*—)Government/PublicAgency Federal Tax Identification Number(TIN or EIN): 95-6000690 Organization Name: City of Chula Vista (Must match name filed under Federal Tax Identification Number Street Address: Address 276 Fourth Avenue City Chula Vista State CA zip Code 91910 Mailing Address: Same as 276 Fourth Avenue above Address City Chula Vista State CA zip Code 91910 Popular Name or d.b.a.: City of Chula Vista Total Amount Requested: $10,000 Note: The total amount requested should not exceed 50%of your organization's current Fiscal Year Budget or 100%of the City funding(see Board Policy B-58,paragraphs 8 and 9). Supervisorial District(based on street address of organization): C1 (-2 (¢;3 C 4 C`5 (Select only one) ArcGIS - County of San Diego Supervisorial Districts Check below to indicate whether your organization is located within the unincorporated portion of the County or within a city. Unincorporated Area of San Diego County City Key. 12113 1 of 7 2014-03-25 Agenda Packet Page 82 APPLICATION FOR FISCAL YEAR 2014115 COMMUNITY ENHANCEMENT FUNDING ORGANIZATION NAME: City of Chula Vista ACTIVITY(IES) TO BE FUNDED (In priority order): Title of activity one: Chula Vista HarborFest 2014 Brief description of activity one: Chula Vista HarborFest 2014 is an exciting regional festival in the County, focused on the southbay waterfront, promoting recreational and cultural activities that attract over 10,000 visitors. The entire event operates with a $120 thousand dollar budget and is possible through public and private partnerships. Amount requested: $10,000 District(s)Where Activity will take place: Ix District 1 (";District 2 District 3 ri District 4 F District 5 i i Title of activity two: Brief description of activity two: Amount requested: Districts)Where Activity will take place: 1­7 District 1 1- District 2 ( , District 3 f District 4 F- District 5 Title of activity three: Brief description of activity three: Amount requested: District(s)Where Activity will take place: r District 1 F District 2 1-7 District 3 (-' District 4 F District 5 Title of activity four: Brief description of activity four: Amount requested: District(s)Where Activity will take place: r District 1 I— District 2 F District 3 F- District 4 F- District 5 Title of activity five: Brief description of activity five: Amount requested: District(s)Where Activity will take place: F- District 1 (— District 2 r, District 3 F District 4 l— District 5 Rev. 12113 2 of 7 2014-03-25 Agenda Packet Page 83 APPLICATION FOR FISCAL YEAR 2014/15 COMMUNITY ENHANCEMENT FUNDING ORGANIZATION NAME: City of Chula Vista PERFORMANCE INDICATORS THAT WILL BE USED TO HELP EVALUATE YOUR PROPOSAL 1. What, specifically, will your project provide to the people of San Diego County if funding is approved? Describe how your proposal will promote tourism or economic development and provide an estimate of how many people will be served: (limit response to the space below) 1. The recently revived Chula Vista HarborFest is fast becoming one of the most exciting regional festivals in the County, focusing a spotlight on the beautiful south bay waterfront, celebrating local maritime history and promoting recreational and cultural activities. HarborFest 2014 will feature many engaging exhibits including interactive programs offered by the Living Coast Discovery Center designed for kids to experience the coastal ecosystem in a completely new light. Attendees can tour Historic Vessels courtesy of San Diego Maritime Museum and will be offered rides on their Vietnam era Swift Boat. Family activities include fishing, displays of exotic cars and wooden boats, a fantastic youth zone, art exhibitions, shuttles and Amphibious Seal tours provided by Old Town Trolley, and multiple performance stages. The Youth zone and Youth Stage, features hip DJs and bands,while extreme sport athletes perform challenging tricks and jumps in the BMX Exhibition presented by the Wheels in Motion Foundation. The Community Stage spotlights local youth with performances of Gymnastics, Yoga, Mariachi, Ballet Folklorico, Latin Percussion, and more. Additional activities and educational displays will be offered by organizations including the YMCA, WildCoast, Southwestern College, Olympic Training Center, Tijuana Innovadora, biking enthusiasts, US Power&Sail Squadrons, USCG Auxiliary, Border Patrol, CERT, Amateur Radio Club, SANDAG ]Commute, Economic development organizations and chambers, and Public Safety. Last year's new ticketed events will be be back including a Sustainable SeafoodFest, Baja Wine Tasting and Craft Beer Garden. Harbor Days was revived in its original 2-day format in 2010 by the Office of Councilmember Bensoussan with participation from the San Diego Maritime Museum and the South Bayfront Artists Association. It was produced entirely by volunteers. In 2013, additional funding was requested from San Diego Unified Port District with assistance from City of Chula Vista and corporate sponsors to grow the event. HarborFest became an official Chula Vista City-sponsored event redesigned as a one-day event, promoted to a wider county-wide audience, resulting in a record-breaking attendance of over 10,000. 2. What steps is your organization taking to increase funding from other sources? (limit response to the space below) 2. This event has the potential to greatly enhance the South Bay as a premier destination for tourists from around the region, from across the border and from around the country. An added benefit of animating and promoting the South San Diego Bay through HarborFest is to focus attention on an area that is poised for major redevelopment with the Chula Vista Bayfront Master Plan now approved and ready go out for RFP. For the first time in 2013, HarborFest was professionally produced and marketed (by the local company McFarlane Promotions) and brought out more than 10,000 people from around the County--many who had never before discovered the Chula Vista bayfront. Last year we received a significant grant from the San Diego Unified Port District who recognized the benefit of increasing their support during 2013—the year they celebrated the 50th anniversary of the creation of the Unified Port District. We also reached out to corporations and received sponsorships from SeaWorid Aquatica, Car2Go, AT&T, Pacifica Companies, Geico, Home Federal, Baldwin & Sons, Pasha, Sullivan Solar, Karl Strauss,AMR, Republic Services, Otay Water Authority and others. We have already formed a volunteer committee working to help with fundraising and planning for HarborFest 2014. Rev. 12113 3 of 7 2014-03-25 Agenda Packet Page 84 APPLICATION FOR FISCAL. YEAR 2014115 COMMUNITY ENHANCEMENT FUNDING ORGANIZATION NAME: City of Chula Vista 3. Briefly describe how effective your organization is in meeting its goals and how past grants have affected the community. How many people were served including both local residents and out of town visitors? (limit response to the space below) 3. Due to the success of last year's event, we intend to contract again with McFarlane for marketing, promotion and production. The event was heavily promoted via television, radio, digital and print media, an event website (CVHarborFest.com), social media, and direct marketing such as banners, posters, signs, mailers, etc. Television spots were secured with FOX 5, NBC 7, UT TV,Televisa, XEWT, KUSI Channel 9. Online and Print advertising appeared in CityBeat, Filipino Press, Our Hometown Chula Vista, Pacific Magazine, San Diego Magazine, Star News and UT. Press releases and calendar listings were mailed to hundreds of publications and both the City of Chula Vista and the Port of San Diego promoted the event. Additional media outreach and exposure is documented in a complete media report that will be provided upon request. While we may not receive as much funding from the Port District as during their anniversary celebration year, we are optimistic that our event will be favorably reviewed in their 2014 grant process after last year's great success. We are reaching out to additional sponsors with our fundraising efforts already in progress and hope to increase corporate sponsorships to help cover our$120,000 budget. Last year we just about broke even and have assessed our strengths and weaknesses to enable us to continue growing and improving HarborFest, with the goal to become South Bay's annual regional iconic event. CONTACT INFORMATION: Contact Person (individual who is knowledgeable about the organization's activities and this application) Name: Anne Steinberger Tltle: Marketing and Communications Manager Telephone Number: (619) 409-5446 Fax Number: (619)476-5379 Email: asteinberger @chulavistaca.gov Grant Administrator(individual who would be responsible for overseeing the expenditure of the grant funds) (This individual must be different from the Contact Person listed above) Name. James D. Sandoval Title: City Manager Telephone Number: (619) 691-5201 Fax Number: (619) 476-5379 Email: jandoval@chulavistaca.gov Rev. 12/13 4 of 7 2014-03-25 Agenda Packet Page 85 FISCAL YEAR 2014115 COMMUNITY ENHANCEMENT GRANT APPLICATION SUMMARY OF FINANCIAL INFORMATION ORGANIZATION NAME: S Financial Solvency: Please Type Initials N]K 1 hereby certify that this organization is currently financially solvent and not at risk for insolvency. I also understand that the ® County's contribution may not exceed fifty percent(507o)of this organization's current fiscal year operating budget PRIOR FISCAL CURRENT NEXT YEAR ACTUALS YEAR BUDGET YEAR BUDGET FINANCIAL STATEMENT July 1, 2012 July 1, 2013 July 1, 2014 Through Through Through June 30,2013 June 30, 2014 June 30, 2015 Enter the dates of your"Fiscal Year" if different Through Through Through COMMUNITY ENHANCEMENT GRANTS COUNTY NEIGHBORHOOD REINVESTMENT GRANTS (Formerly Community Projects Grants) CITY FUNDING (Requested funding not to exceed this amount) City Name: City of Chula Vista $130,060,827 $127,751,000 OTHER REVENUES Ou�oe+ i0 bf- (Please itemize below) of rNtd TU h CL See Attached TOTAL REVENUES (If more than $50,000, attach IRS form 990 or 990EZ. $130,060,827 $127,751,000 N i N If$50,000 or less attach IRS form 990-N e-postcard) TOTAL EXPENDITURES $127,686,366 $127,751,000 OPERATING SURPLUS (DEFICIT) �t $2,374,461 $0 Rev.12113 5 of 7 2014-03-25 Agenda Packet Page 86 1 rf lifr! • � � . General Fund Expenditure Summary million, bringing the total General Fund Adopted CHULA VISTA OPERATING BUDGET Budget to$127.8 million. in thousands{000] F.Y 11-12 Actual Expenditures 126,747 The General Fund Adopted Budget is balanced at FY 12-13 Council Adopted 123,774 $127.8 million, with the use of$2.3 million of one-time FY 13-14Adopted Budget 127,493 contingency reserves. C.hahge FY 12-13 to FY 13-14 3.€3' The City continues to experience positive signs in the local economy as it strives to Keep expenditures in line The General Fund Adopted Operating Budget for fiscal with anticipated revenues. To this end, the fiscal year 2013-14 adopted budget reflects a number of year 2013-14 totals $127.5 million, which reflects an . adjustments however, no reductions in service levels increase of $3.7 million (3.0%) when compared to the are anticipated from these changes. Council Adopted Budget for fiscal'year 2012-1.3 and $0.7 million (0.6%) increase when compared to the A comparison of the fiscal fiscal year 2011-12 actual expenditures. The General p Year 2013-14 adopted budget, the fiscal year 2012-13 adapted budget, and Fund Adopted CIP Budget for fiscal year 201.3-14 is$0.3 the fiscal year 2011-12 actual expenditures are summarized in the following table. General Fund Expenditure Summary In Thousands(000) r i Change Description i Actual Adopted Adopted Personnel Services $ 97,155 $ 100,406 $ 102,815 $ 2,410 Supplies and Services $ 12,905 $ 12,681 $ 13,193 $ 512 Other Expenses $ 430 $ 466 $ 464 $ (1) Capital $ 129 $ 142 $ 137 $ (5) Transfers Out $ 11,700 $ 5,316 $ 6,263 $ 947 Non-CIP Project Expenditures $ - $ 17 $ 19 $ 2 Utilities $ 4,430 $ 4,747 $ 4,601 $ (146) Total Operating Budget $ 126,747 $ 123,774 $ 127,493 $ 3,719 CIP Project Expenditures $ 2811 $ 1,0651 $ 258 $ (807) Total General Fund Budget 1 $ 127,028 $ 124,840 1 $ 127,7511 $ 2,912 2014-03-25 Agenda Packet 35 Page 87 General Fund Revenue Summary budget includes the one-time use of$2.3 million from .HULA VISTA GENERAL FUND OPERATING REVENUES:. the Economic Contingency Fund in order to avoid in thousands(000) service level impacts. FY 11-12 Actual 121,480 Current economic reports indicate that the nation is FY 12-13 Adopted 123!715 ` slowly showing signs of recovery with positive but FY 13••14 Proposed 127,493 weak growth. The estimated revenues for Chula Vista change FY 1x2-13 to FY 13-14 111 reflect matching indicators - sales tax revenues are projected to increase modestly in the coming fiscal -Excludes 6P Revenues year as are property tax revenues. The estimated General Fund revenues for fiscal year The following table compares the fiscal year 2013-14 2013-14 General Fund total$127.5 million excluding CIP estimated revenues to projected revenues for fiscal related revenues. This reflects an increase of $3.8 year 2012-13. CIP related revenues can vary million (3.1%)when compared to the adopted revenues significantly from year and are reported separately for for FY 2012-13. However, the fiscal year 2013-14 this reason on the table below. General Fund Revenues In Thousands(000) FY i i i Category. Actual . Adopted Adopted I change Property Taxes $ 24,518 $ 24,665 $ 25,953 $ 1,287 Sales Tax $ 27,276 $ 27,834 $ 29,855 $ 2,021 Motor Vehicle License Fees $ 16,288 $ 16,125 $ 16,488 $ 363 Development Revenue $ 1,279 $ 985 $ 1,258 $ 273 Inter€tend Reimbursements $ 9,701 $ 10,596 $ 9,305 $ (1,292) Transfers From Other Funds $ 9,850 $ 11,859 $ 10,103 $ (1,756) Franchise Fees $ 8,400 $ 7,939 $ 8,473 $ 534 i Charges for Services $ 6,535 $ 6,526 $ 6,529 $ 3 Utility Users Tax $ 3,465 $ 3,477 $ 3,512 $ 35 I Other Agency Revenue $ 1,804 $ 2,113 $ 1,988 $ (125) Other Local Taxes $ 1,949 $ 2,046 $ 2,136 $ 90 1 Other Revenues $ 1,737 $ 953 $ 3,238 $ 2,285 Transient Occupancy Taxes $ 2,296 $ 2,128 $ 2,365 $ 237 Use of Money and Property $ 2,850 $ 2,475 $ 2,282 $ (193) Licenses and Permits $ 990 $ 852 $ 1,135 $ 283 Police Grants $ 1,186 $ 1,285 $ 1,763 $ 478 P Fines,Forfeitures&Penalties $ 1,356 $ 1,855 $ 1,111 $ (744) Total Operating Budget $ 121,480 $ 123,715 $ 127,493 $ 3,779 Capital Projects $ 217 $ 551 $ 258 $ (293) Total General Fund $ 121,697 $ 124,266 $ 127,751 $ 3,486 2014-03-25 Agenda Packet 47 Page 88 a i Key Variable Sensitivity Analysis City of Chula Vista-General Fund Financial Summary Actual 2012113 Property Taxes $ 27,876,534 Sales Tax(Based on Eff. 1%Tax Rate) 28,627,785 Franchise Fees 9,266,768 Utility Users Taxes 4,428,794 Transient Occupancy Taxes 2,471,252 Motor Vehicle License Fees 16,253,826 'Subtotal Major Discretionary Revenues $ 88,924,959 Development Revenue 1,289,836 Licenses and Permits 1,197,377 Fines, Forfeitures&Penalties 1,002,947 Use of Money and Property 2,201,490 Other Local Taxes 2,385,874 Police Grants 1,086,304 Other Agency Revenue 2,021,100 Charges for Services 7,265,814 Interfund Reimbursements 10,732,497 Other Revenues-Miscellaneous 2,291,182 Transfers From Other Funds 9,661,447 Contingency Reserves - (OPEN] - **Total Revenues $ 130,060,827 Personnel Services 73,154,013 Flex/Insurance 9,346,138 PERS 16,733,596 Supplies and Services 14,308,693 'tilities 4,680,840 Ither Expenses 451,207 Equipment(Capital not CIP) 1,569,122 Transfers/Debt Service 6,011,283 Capital Improvement Projects 1,172,734 Non-CIP Project Expenditures 99,525 Mid-Year Base Adjustments - Absorption of Police Grant Positions - Mid-Year Additions to Base Line - Total Expenditures $127,527,151 Adjustment to Fund Balance $ (159,215) Net Impact to General Fund Operating Reserves $2,374,461 2014 Packet 4-Su#Wi2W4 to 1=Y 2019 Forecast 2nd Qtr w 15 Base.xfsm 0212812014 Page 89 RESOLUTION OF THE BOARD OF DIRECTORS OF 1 O� att lQ N5M_ (Organization name) WHEREAS, the County of San Diego Community Enhancement Program provides funding for non-profit corporations for certain specified purposes; and WHEREAS, the (Organization name) wants to file an application with County of San Diego for Community Enhancement Program funding. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of (organization n/a�me) 1. Confirms that is a non-profit California corporation or a Oublic agency under the laws of the State of California; 2. Approves the filing of an application with the County of San Diego for Community Enhancement Program funding during the County's 2014-2015 fiscal year; and 3. Authorizes the people listed below to sign a grant agreement with the County of San Diego for Community Enhancement funds for the 2014-2015 fiscal year. 1. Print Name: 4} YYL�� D, ja-,( Signature: Title: 04V 2. Print Name: Signatur Title: 3. Print Name: Signature: Title: Adopted on this day of , Secretary, Board of Directors �o ,fie. Or e4�y C MCII A�tmd a Ak�� z �� Rev.12113 G of 7 2014-03-25 Agenda Packet Page 90 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0163, Version: 1 RATIFICATION OF APPOINTMENT OF EMMANUEL SOTO AND KIRIN MACAPUGAY TO THE CULTURAL ARTS COMMISSION City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 91 \1 J� Mayor and City Council �. City Of Chula Vista .� 276 Fourth Avenue Chula Vista,Ca 91910 CITY OF - 619.691.5044—619-476-5379 Fax MEMO CHULA VISTA March 14, 2014 TO: Kerry Bigelow, Senior Deputy City Clerk Sheree Kansas, Deputy City Clerk CC: Jill Maland, Assistant City Attorney l FROM: Jennifer Quijano, Constituent Services Manager RE: Cultural Arts Commission Mayor Cox would like to recommend Emmanuel Soto and Kirin Macapugay for appointment to the Cultural Arts Commission. EmmanUel will replace Anitza Rodriguez -and Kirin will replace Luz Camacho. Please place these items on the March 25, 2014 Council agenda for ratification and schedule the oaths of office for the next available City Council meeting. Thank you.. 2014-03-25 Agenda Packet Page 92 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0148, Version: 1 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of Chula Vista, et al. v. Tracy Sandoval, Sacramento Superior Court, Case No. 34-2014- 80001723 City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 97 City of Chula Vista OF CHU�LAVISTA Legislation Text File M 14-0173, Version: 1 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c) One Case. City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 98 City of Chula Vista OF CHU�LAVISTA Legislation Text File #: 14-0175, Version: 1 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Jim Sandoval, Kelley Bacon, Maria Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary Ficacci Employee organizations: CVEA, IAFF, POA, Mid-Managers/Prof and WCE City of Chula Vista Page 1 of 1 Printed on 3/20/2014 2014-03-25 Agenda Packet Page 99