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2014-04-08 Agenda Packet
I deciare under penaity of perjury that I am empioyed by the City ot Chula Vista in the Oftice ot the City Clerk and that I posted this document on the bulletin board according to 3rown Act requirements. � � a:ed 'y Signed� `{,� cnr oF CHLAA VISTA � ���i���� � Cheryl Cox, Mayor Patrida Aguilar, Coundlmember James�. SarWoval,Ciry Manager Pamela Bensoussan, Counalmember Glen R. Googins, City Attaney Rudy Ramirez, Coundlmember ponna R. Norris, City Clerk Mary Salas, Coundimember Tuesday,April 8, 2014 2:00 PM Council Cham6ers 276 4th Avenue, Building A Chula Ysta, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Sensoussan, Ramirez, Salas and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY CALL TO ORDER A. 140197 OATHS OF OFFICE Kirin Macapugay and Emmanuel Soto, Cultural Arts Commission B. 14-0176 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SERGEANT JUAN CERVANTES COMMENDING HIM ON 28 YEARS OF SERVICE TO THE CITY OF CHULA VISTA uy achr we. v.w, »MUa a��anor. City Council Agenda April 8, 2014 C. 14-0170 PRESENTATION OF A PROCLAMATION TO COMMUNITY SUPPORT AGRICULTURE (CSA) SAN DIEGO COUNTY COMMUNITY OUTREACH SPECIALIST ROGELIO ESPINOZA, EXECUTIVE DIRECTOR ESTELA DE LOS RIOS, CITY HOUSING STAFF ANGELICA DAVIS, JOSE DORADO, LEILANI HINES AND STACEY KURZ PROCLAIMING APRIL 2014 AS FAIR HOUSING MONTH D. 14-0160 PRESENTATION OF A PROCLAMATION TO THE CITY'S CLEAN TEAM MEMBERS PROCLAIMING APRIL AS EARTH MONTH IN CHULA VISTA E. 14-0133 PRESENTATION BY CHULA VISTA FIREFIGHTERS FOUNDATION PRESIDENT JOSH SANDERS OF AN OVERVIEW OF THE EFFORTS OF THE CHULA VISTA FIREFIGHTERS FOUNDATION F. 14-0156 PRESENTATION BY THE FRIENDS OF THE CHULA VISTA LIBRARY OF A $45,000 DONATION TO CHULA VISTA PUBLIC LIBRARY FOR PRINT AND DIGITAL BOOKS AND OTHER RESOURCES G. 14-0155 PRESENTATION OF A PROCLAMATION TO FRIENDS OF CHULA VISTA LIBRARY EXECUTIVE BOARD PRESIDENT SHAUNA STOKES PROCLAIMING APRIL 13 THROUGH APRIL 19, 2014 AS NATIONAL LIBRARY WEEK CONSENT CALENDAR (Items 1 - 11) 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. 14-0183 APPROVAL OF MINUTES OF January 9, and January 14, 2014. Staff Recommendation: Council approve the minutes. City of Chula Vista Page 2 Printed on 41312014 2014-04-08 Agenda Packet Page 2 City Council Agenda April 8, 2014 2. 14-0185 WRITTEN COMMUNICATIONS A. Letter of resignation from Maribel Larios, Charter Review Commission. B. Letter of resignation from Anthony San Nicolas, Commission on Aging. Staff Recommendation: Council accept the resignations. 3. 14-0177 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 (SECOND READING AND ADOPTION) Department: City Attorney & City Clerk Staff Recommendation: Council adopt the ordinance. 4. 14-0178 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 (SECOND READING AND ADOPTION) Department: Public Works Department Staff Recommendation: Council adopt the ordinance. 5. 14-0104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, DECLARING THE APPARENT LOW BIDDER, FRANK & SON PAVING INC., TO BE NON-RESPONSIVE AND AWARDING CONTRACT FOR THE "CITY PARKING LOT REHABILITATION (OP212)" PROJECT TO RAMONA PAVING AND CONSTRUCTION CORPORATION IN THE AMOUNT OF $180,180.50, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $27,027.25 Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 41312014 2014-04-08 Agenda Packet Page 3 City Council Agenda April 8, 2014 6. 14-0117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013/2014 SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (DIF) BUDGET BY APPROPRIATING $50,000 TO THE SUPPLIES AND SERVICES CATEGORY FROM THE AVAILABLE FUND BALANCE (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. 7. 14-0132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROFESSIONAL PIPE SERVICES FOR PROVIDING SEWER MANHOLE INSPECTION AND EVALUATION SERVICES IN THE AMOUNT OF $300,000, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 Department: Public Works Department Staff Recommendation: Council adopt the resolution. 8. 14-0151 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING A TWO-PARTY AGREEMENT BETWEEN WILLIAM HEZMALHALCH ARCHITECTS , INC. (CONSULTANT), AND THE CITY OF CHULA VISTA, FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF THE UNIVERSITY PARK & INNOVATION DISTRICT (UPID) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Department: Development Services Department - Advance Planning Division Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 4 Printed on 41312014 2014-04-08 Agenda Packet Page 4 City Council Agenda April 8, 2014 9. 14-0154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE ORDER TO SAN DIEGO POLICE EQUIPMENT COMPANY IN THE AMOUNT OF $87,168 FOR ARMOR EXPRESS RAZOR BODY ARMOR IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF CHULA VISTA BID B03-13/14 Department: Police Department Staff Recommendation: Council adopt the resolution. 10. 14-0166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF LANCE, SOLL AND LUNGHARD, LLP TO PROVIDE AUDITING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT Department: Finance Department Staff Recommendation: Council adopt the resolution. 11. 14-0167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2014-007 TO REMOVE THE CITY ATTORNEY POSITION FROM THE JUNE 3, 2014 ELECTION Department: City Clerk 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 5 Printed on 41312014 2014-04-08 Agenda Packet Page 5 City Council Agenda April 8, 2014 PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. 14-0118 CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOW A MAXIMUM HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS; AND 2) A DESIGN REVIEW PERMIT (DRC13-31) TO CONSTRUCT THE PARKING STRUCTURE A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PC M 13-22) TO ALLOW A HEIGHT OF 120 FEET (45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT Department: Development Services Department Staff Recommendation: Council place the ordinance on first reading and adopt the resolution. 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. City of Chula Vista Page 6 Printed on 41312014 2014-04-08 Agenda Packet Page 6 City Council Agenda April 8, 2014 13. 14-0115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PUBLIC LIBRARY STRATEGIC VISION PLAN AND ACCOMPANYING LIBRARY STRATEGIC FACILITIES PLAN (4/5 VOTE REQUIRED) Department: Library Department Staff Recommendation: Council adopt the resolution. 14. 14-0158 PRESENTATION BY LANDSCAPE PLANNER PATRICIA FERMAN REGARDING THE MAIN STREET MASTER PLAN UPDATE Department: Development Services Department Staff Recommendation: Council hear the presentation. CITY MANAGER'S REPORTS MAYOR'S REPORTS 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). 15. 14-0208 PUBLIC EMPLOYMENT APPOINTMENT PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: CITY MANAGER ADJOURNMENT to the Regular City Council Workshop on April 10, 2014, at 4:00 p.m., in the Council Chambers. City of Chula Vista Page 7 Printed on 41312014 2014-04-08 Agenda Packet Page 7 City Council Agenda April 8, 2014 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. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 8 Printed on 41312014 2014-04-08 Agenda Packet Page 8 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0197, Item#: A. OATHS OF OFFICE Kirin Macapugay and Emmanuel Soto, Cultural Arts Commission City of Chula Vista Page 1 of 1 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0176, Item#: B. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SERGEANT JUAN CERVANTES COMMENDING HIM ON 28 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0170, Item#: C. PRESENTATION OF A PROCLAMATION TO COMMUNITY SUPPORT AGRICULTURE (CSA) SAN DIEGO COUNTY COMMUNITY OUTREACH SPECIALIST ROGELIO ESPINOZA, EXECUTIVE DIRECTOR ESTELA DE LOS RIOS, CITY HOUSING STAFF ANGELICA DAVIS, JOSE DORADO, LEILANI HINES AND STACEY KURZ PROCLAIMING APRIL 2014 AS FAIR HOUSING MONTH City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 11 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0160, Item#: D. PRESENTATION OF A PROCLAMATION TO THE CITY'S CLEAN TEAM MEMBERS PROCLAIMING APRIL AS EARTH MONTH IN CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 12 Add i-h cha� l��fc rma.fi'ovi �,, 1-k,m D - . EVENTS Hap�ening�lround Eartb Month THURSDAY, MARCH 27 • 6 - 7:30 Pn� SATURDAY, APRI L 19 • 11 � - 3 rM Se/��Nkter HearinaBario j�rHnwco�owm(Fm): n��r�c�a,�.�;ry�: �.� Ated a 6r�v wvkdnp�o lem�bwt�o1r wa�kmn6 erA°°IaQ' finul7-6iendlr e.ent Mitl be in Memorial Ptil4 brned�t'6Yd A�eere rd�tc�.E�ax wiI bc Add a CLh Yi�n Gvic Cmur(T76 Fa�nh vd Hrk Way,CMJa Viaa. Ase.,Ba'46n6 C,Room Bl l l.)Sp�oe Y ieiied RSVP m (t58)G1h1779 or vio[www.aapoaMw�yhwib�io. TU E S DAY, APRI L 15 ' 2- 3 PM $ATU RDAY, MARCH 29 � 8:30- 9:30 PM �loal�ea'vwmseal� �oew�rdr�drc GwncY CMe�bu+. �artb No1rr: Joie aAn..uAd.ide:wniK o[pur I�ome'. I76 Fwrth A.snuc.CAah vuu. ��K�������������� SATURDAY, APRI L 26 • 9 AM - NOON SUNDAY. APRJL 13 � 11 AM - S PM ���J� ���+�*��'��'� Pr!la�C Smct Fair� Enjo�6.e mdu:me�.food..d 60o uw �c cnu1.ven a.yfmiu Py.k.�a ttia c.'ryon n ori�oo.e.y P.�ic. for d+e wfak 6m�". V'rit w on Thed A.vwe Mwem E�od G Saaa �8s0a'�O1^�•Q�'f-"�b SATURDAY. APRIL l9 • 9:30 AM - NOON SATURDAY, APRIL 26 • 10 AM - 2 PM Comuimity Cardrn ���f(FrnJ: I.a.�how rw a� �Griern d Clun Fmn��e.�en a po.om be a ddie Moaic Cmununi Gu�kn batsd u 960 Filtfi ����'���'�`' � P� 7 Otay Ranch Town Cmta,I015 Birch Road.CAu4 VMta(aer Iialno). A�a�ae. Sp�oe s Gmitad!RSVP eo(6191�Oi-7693 «C��^�� � FRIDAY, MAY l6 `���:i. �� `:?� Bi�e ta{�b►*�: Ride pir bie�u wulc or slwd ed�fit�bal �7fs� • , '� � �it wop'in e6e manu�6or fiee�efie�hieeon aed�T-dmt. Re�u ` . .�' � www.ICoesreSDtos. • � � , � . . � � Saturday, April 26 -- - Ota Ranch Town Center ''t� y On Saturday,April 26, the ChaV Ranch Town Center �.ill he ho.tin�; � allday events to promote adive lifestyles,health� famili�s, and ` � environmental stewardship. The combined events include[he Cit� �� � of Chula Vsta's Go Grcrn&Clcan Family Day,South Hay YMCA's ' '` ` � Htallhy Kids Day,and [he FastCake Educational Foundation's Cycfr '" � � EaslLakr and Haljmarathon. ,. ,: 'r_�?° Ibn'f mrss fhis speciai oppnrfunity to help celebrate Ea�th Month! Fm mon informatwn, msit ruwm.chtrlavistaca.gov/dtan. "GREEN° AGTMTIES & FREE � ENVIRONMENTAL SERVICES �a !�. �, � � •Grocery Bag Exch�nge-Bring used groeery store bage �' �' / �� � �nd recrive one new reusable bag(up to 4 ba6s per family, , whik supplies lut). �,� 'r � � •Electronres,Household Hazardous :+ _ Waste, Trm Collection, &Prescri tion Take-Back Ezrent � � �.• �� �� ` �� •OilChnngeKits-Dak�oursel(nrbuHs ' � �eneive a re-usabk dnin paR n�oard aawk� � and�hop Iowels ro l�elp 6et d�e job done � (wlile wiQplks I�tl � •Ene►�y RoadsHow-Y�sit the Tniler to ieam � aAaut eilirieed md e�ahinebk tnNerids for your ha�r. '"w*l � r � City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0133, Item#: E. PRESENTATION BY CHULA VISTA FIREFIGHTERS FOUNDATION PRESIDENT JOSH SANDERS OF AN OVERVIEW OF THE EFFORTS OF THE CHULA VISTA FIREFIGHTERS FOUNDATION City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 13 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0156, Item#: F. PRESENTATION BY THE FRIENDS OF THE CHULA VISTA LIBRARY OF A $45,000 DONATION TO CHULA VISTA PUBLIC LIBRARY FOR PRINT AND DIGITAL BOOKS AND OTHER RESOURCES City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 14 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0155, Item#: G. PRESENTATION OF A PROCLAMATION TO FRIENDS OF CHULA VISTA LIBRARY EXECUTIVE BOARD PRESIDENT SHAUNA STOKES PROCLAIMING APRIL 13 THROUGH APRIL 19, 2014 AS NATIONAL LIBRARY WEEK City of Chula Vista Page 1 of 1 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 15 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0183, Item#: 1. APPROVAL OF MINUTES OF January 9, and January 14, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 16 City of Chula Vista Meeting Minutes - Draft Thursday,January 9,2014 4:00 PM Police Department Community Room 315 Fourth Avenue SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:07 p.m. in the Community Room, located in the Police Department, 315 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Councilmember Ramirez arrived at 4:08 p.m. Deputy MayorAguilar arrived at 4:14 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 Clerk Norris led the Pledge of Allegiance. WORKSHOP 1. 14-0003 PRESENTATION ON DISCLOSURE RESPONSIBILITIES UNDER FEDERAL SECURITIES LAW Director of Finance Kachadoorian introduced consultant Robert Whalen, representing Stradling, Yocca, Carlson, and Young. Mr. Whalen provided background information and training on disclosure responsibilities required under the Federal Securities Law. He provided a summary of disclosure obligations, related timelines, and disclosure principles. Mr. Whalen advised members of the City Council and staff to consult the City Attorney, City Manager, or Finance Director with questions about required disclosures. He provided examples of events that would require disclosure. 2. 13-0230 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAADOPTING A CITY DEBT POLICY Director of Finance Kachadoorian provided information on the proposed City Debt Policy. There was consensus of the Council to continue the consideration of the resolution to its next regular meeting. City of Chula Vista Page 1 2014-04-08 Agenda Packet Page 17 City Council Meeting Minutes -Draft January 9,2014 3. 14-0006 UPDATE FROM THE POLICE DEPARTMENT ON ALCOHOL-RELATED ISSUES IN THE CITY City Manager Sandoval and Chief Bejarano introduced the item. Peace Officer Deaner provided an overview of the Special Investigations Unit (SIU), as well as information on licensing and enforcement of the Alcoholic Beverage Control license in the City's jurisdiction. He also provided information on calls for service, arrests, and citations. Captain Kennedy provided an overview of the community meetings held by the Police Department regarding Diamond Jim's and Wild Woolly's between 2009 and 2013. Garrett Eaton, Chula Vista resident, expressed concern regarding problems near Diamond Jim's. Emilio Gallegos, Chula Vista resident, representing South Bay Youth For Change, expressed concern regarding minors consuming alcohol in the Sleep Train Amphitheater area. lliana Miranda, Bonita resident, representing South Bay Youth For Change, expressed concern regarding minors consuming alcohol at Sleep Train Amphitheater. Kittie Harrison, Chula Vista resident, expressed concern regarding the trash and other effects of alcohol consumption in the area of Diamond Jim's. Pandra Boyle, representing Justice Overcoming Boundaries (JOB), expressed concern regarding the effects of alcohol consumption on her neighborhood in the area of Diamond Jim's. Kristina Baker, Chula Vista resident, representing Justice Overcoming Boundaries (JOB), expressed concern about the effects of alcohol consumption on her neighborhood in the area of Diamond Jim's. Melody Kohl, Chula Vista resident, representing Justice Overcoming Boundaries (JOB), spoke regarding a murder that occurred in her neighborhood and encouraged the adoption of ordinances similar to those adopted by National City. Yadira Solis-Marroquin, representing Yes We Can, stated that additional changes need to be made to prevent alcohol-related issues. Evelyn Griger, Chula Vista resident, representing Yes We Can, spoke regarding alcohol consumption at Sleep Train Amphitheater. Andy Hargreaves, Bonita resident, representing Wild Woolly's stated that the owner had been involved in community meetings and expressed concern regarding negative publicity. Autumn Hammer, representing Wild Woolly's, thanked the Police Department for the support of additional officers and stated that the bar has been in compliance. Brooke Bennett, representing Wild Woolly's, stated that the owner had installed additional lighting and other measures to comply with Police Department requests. Melanie Brereton, Chula Vista resident, representing Justice Overcoming Boundaries (JOB), submitted written documentation "requesting that the City have a meeting to discuss The Responsible Retailer Program, CUPS+Deemed Ordinances." Chief Bejarano and Captain Kennedy responded to questions from the Council. Melody Kohl, Chula Vista resident, expressed concerns regarding cease and desist orders sent to two neighbors related to reporting alcohol-related concerns. City of Chula Vista Page 2 2014-04-08 Agenda Packet Page 18 City Council Meeting Minutes -Draft January 9,2014 Mary Mora, Imperial Beach resident, expressed concern regarding minors consuming alcohol at the amphitheater. Chief Bejarano and City Attorney Googins provided additional information on ordinances in place regarding consumption of alcohol in private parking lots. Garrett Eaton, Chula Vista resident, stated that he believed that ordinances adopted by other cities may address some of the alcohol-related issues. Chief Bejarano spoke about alternative solutions that would be investigated, including addressing parking lot issues. ADJOURNMENT At 6:56 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on January 14, 2014, at 2:00 p.m., in the Council Chambers. Donna R. Norris, CMC, City Clerk City of Chula Vista Page 3 2014-04-08 Agenda Packet Page 19 City of Chula Vista Meeting Minutes - Draft Tuesday,January 14,2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Deputy MayorAguilar arrived at 2:12 p.m. and Councilmember Ramirez arrived at 2:45 p.m. Also Present. City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Senior Recreation Manager Farmer led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY 1. 13-0231 INTRODUCTION BY KRISTI MCCLURE, DIRECTOR OF RECREATION, OF EMPLOYEE OF THE MONTH TIM FARMER, SENIOR RECREATION MANAGER Director of Recreation McClure presented employee of the month, Senior Recreation Manager Farmer. Mayor Cox read the proclamation and Deputy Mayor Aguilar presented it to Mr. Farmer. 2. 13-0223 PRESENTATION BY DR. FRANCISCO ESCOBEDO, SUPERINTENDENT, ON THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT: ACCELERATING THE INNOVATION THROUGH INQUIRY, INTELLECT, AND IMAGINATION Francisco Escobedo, Superintendent, Chula Vista Elementary School District, presented information on the school district and its programs. 3. 14-0005 PRESENTATION BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE DISTINGUISHED BUDGET PRESENTATION AWARD TO FINANCE DIRECTOR MARIA KACHADOORIAN City Manager Sandoval introduced Finance Director Kachadoorian, who provided information on the Distinguished Budget Presentation Award presented by the Government Finance Officers Association. City of Chula Vista Page 1 2014-04-08 Agenda Packet Page 20 City Council Meeting Minutes -Draft January 14, 2014 4. 13-0222 PRESENTATION BY ENVIRONMENTAL RESOURCE SPECIALIST MICHELLE CASTAGNOLA AND RECYCLING SPECIALIST II MARTIE SOLOMON RECOGNIZING NEW CLEAN BUSINESS PROGRAM PARTICIPANTS Environmental Resource Specialist Castagnola and Recycling Specialist Solomon presented information on the Clean Business Program and introduced new participants to the program. CONSENT CALENDAR Item 8 was removed from the Consent Calendar at the request of Councilmember Ramirez. 5. 14-0004 APPROVAL OF MINUTES OF December 5, 2013. Staff Recommendation: Council approve the minutes. 6. 14-0014 ORDINANCE NO. 3301 OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE PROVISION OF COMMUNITY PURPOSE FACILITIES IN SECTIONAL PLANNING AREA PLANS (SECOND READING AND ADOPTION) Staff Recommendation: Council adopt the ordinance. 7. 13-0168 A. RESOLUTION NO. 2014-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 3, 2014, FOR THE ELECTION OF A MAYOR, TWO MEMBERS OF THE CITY COUNCIL AND A CITY ATTORNEY; CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION B. RESOLUTION NO. 2014-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 3, 2014 Staff Recommendation: Council adopt the resolutions. Item 8 was removed from the Consent Calendar. City of Chula Vista Page 2 2014-04-08 Agenda Packet Page 21 City Council Meeting Minutes -Draft January 14, 2014 9. 13-0207 A. RESOLUTION NO. 2014-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE RECLASSIFICATION OF FISCAL AGENT NETWORK MANAGER TO FISCAL AGENT INFORMATION SECURITY PROGRAM MANAGER FOR THE SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (4/5 VOTE REQUIRED) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE FISCAL AGENT NETWORK MANAGER AND ADD FISCAL AGENT INFORMATION SECURITY PROGRAM MANAGER(FIRST READING) Staff Recommendation: Council adopt the resolution and place the ordinance on first reading. 10. 13-0211 RESOLUTION NO. 2014-011 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "REPLACEMENT AND REPAIR OF CURB AND GUTTER CITYWIDE, IN THE CITY OF CHULA VISTA, CA (STL398)" PROJECT TO CREST EQUIPMENT, INC. IN THE AMOUNT OF $189,733.75 Staff Recommendation: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 3 2014-04-08 Agenda Packet Page 22 City Council Meeting Minutes -Draft January 14, 2014 ITEMS REMOVED FROM THE CONSENT CALENDAR 8. 13-0189 RESOLUTION NO. 2014-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAFT PARK MASTER PLAN FOR THE 1.97 ACRE NORTH EAST PARK, A TURNKEY PUBLIC NEIGHBORHOOD PARK, AT MILLENIA, CHULA VISTA WITH THE RECOMMENDATION THAT SOLAR ENERGY IS CONSIDERED FOR USE ON THE COMFORT STATION, AND APPROVING THE PARK NAME, "STYLUS PARK" In response to questions from Councilmember Ramirez, City Manager Sandoval provided information regarding the ongoing maintenance costs of parks. In response to questions from Councilmember Bensoussan, Todd Galarneau, representing McMillin Companies,presented additional information about the proposed park. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Aguilar, to adopt Resolution No. 2014-009, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 PUBLIC COMMENTS Jeremiah Ivie, Chula Vista resident, expressed concern regarding mind-invasive technology. John Hess, representing the International Association of Fire Fighters (IAFF), expressed the union's concerns regarding lack of support of the department. Luanne Hulsizer, representing the Third Avenue Village Association (TAVA), expressed gratitude to the Council and City staff and provided an update on the organization. ACTION ITEMS 11. 14-0020 CONSIDERATION OF ADOPTING A CITY DEBT POLICY (CONTINUED FROM JANUARY 9, 2014 WORKSHOP) RESOLUTION NO. 2014-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAADOPTING A CITY DEBT POLICY Finance Director Kachadoorian presented information regarding the proposed city debt policy. ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember Salas, to adopt Resolution No. 2014-012, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 4 2014-04-08 Agenda Packet Page 23 City Council Meeting Minutes -Draft January 14, 2014 CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Cox recognized Port Commissioner Ann Moore for her service as Chair of the Commission. COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar announced her upcoming open office hours which would be held on January 16, 2014, on the topic of Chula Vista's homeless population. She also expressed concern regarding deterioration of the west side of the City, as well as the Fire Department's recent vote of no confidence. Councilmember Bensoussan announced the following events that would be held on January 25, 2014: Unleashed's pet fest, celebrating the company's fourth anniversary, as well as a Chula Vista Garden Club dedication ceremony for the aromatic garden at the South Chula Vista branch library. She also announced a Friends of the Chula Vista Library event with radio host Grant Barrett, which would be held on January 26, 2014. Councilmember Ramirez expressed concern regarding ongoing labor negotiations and spoke in support of the Council reconsidering its negotiation team. City Manager Sandoval provided information regarding his response to IAFF's concerns and responded to the Council's concerns. At the request of Councilmember Ramirez, there was consensus of the Council to schedule an item on an upcoming agenda regarding negotiations. Councilmember Salas spoke in support of continuing the conversation regarding labor negotiations in closed session. Mayor Cox paid tribute to former City Manager John Goss and former Police Agent Steve Guthrie, and stated the meeting would be adjourned in their honor. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 4:04 p.m. The Council reconvened in Closed Session at 4:15 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 12. 14-0008 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c). One Case. Consideration of legal challenge to SB 7, SB 829 and/or SB 922 as violations of Chula Vista's Charter City "home rule" authority. Reportable Action: The City Council voted 3-2 (Salas and Aguilar opposed) to authorize City participation as a non-party 'Associate" (along with other impacted cities) in a legal challenge to SB 7, SB 829, and SB 922 as violations of Chula Vista's Charter City"home rule"authority. City of Chula Vista Page 5 2014-04-08 Agenda Packet Page 24 City Council Meeting Minutes -Draft January 14, 2014 ADJOURNMENT At 5:30 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on January 28, 2014, at 2:00 p.m. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 6 2014-04-08 Agenda Packet Page 25 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0185, Item#: 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Maribel Larios, Charter Review Commission. B. Letter of resignation from Anthony San Nicolas, Commission on Aging. RECOMMENDED ACTION Council accept the resignations. City of Chula Vista Page 1 of 1 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 26 From: Maribel Larios Date: March 24, 2014 at 3:59:35 PM PDT To: 'Jill Maland' Subject: Resignation: Charter Committee Dear Jill and Charter Review Committee Members: apologize for not being able to participate as I had planned. Due to an increase in work projects my time has been extremely limited and I cannot reasonably fulfil my responsibilities as a committee member. I regret not being able to add value to our community through this committee but know that don't want to take up space for someone else who may provide the time and attention this process requires. Please accept my resignation from the Charter Committee. Thank you so much for allowing me to participate and I wish all of the members the very best. Kindest regards, Maribel Larios Retirement Plan Fiduciary Consultant 2014-04-08 Agenda Packet Page 27 To: Mayor Cox,the City Council for the City of Chula Vista and the Commission on Aging It is not without regret and I am submitting my formal resignation from the Commission of Aging. I have moved out from residency in Chula Vista and no longer qualify for service on the Commission. It has been my great pleasure to have served both as Commissioner and Chairperson of that Commission. The opportunity to have worked with the COA to help our senior residents in ways that helps keep their independence, offer advocacy in much needed areas and assist in bringing a better quality of life has been awesome to say the least. Thank you for the opportunity the City of Chula Vista gives for its residents to participate in City issues and concerns thru its Commissions. Cordially, Anthony San Nicolas 2014-04-08 Agenda Packet Page 28 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0177, Item#: 3. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 29 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 2014-04-08 Agenda Packet Page 30 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 2014-04-08 Agenda Packet Page 31 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0178, Item#: 4. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. City of Chula Vista Page 1 of 1 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 32 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 2014-04-08 Agenda Packet Page 33 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 2014-04-08 Agenda Packet Page 34 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0104, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, DECLARING THE APPARENT LOW BIDDER, FRANK & SON PAVING INC., TO BE NON- RESPONSIVE AND AWARDING CONTRACT FOR THE "CITY PARKING LOT REHABILITATION (OP212)" PROJECT TO RAMONA PAVING AND CONSTRUCTION CORPORATION IN THE AMOUNT OF $180,180.50, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $27,027.25 RECOMMENDED ACTION Council adopt the resolution. SUMMARY On February 19, 2014, the Director of Public Works received sealed bids for the "City Parking Lot Rehabilitation (OP212 )" project. The project consists of the removal and replacement of failed asphalt concrete pavement (dig-outs) and the application of asphalt concrete (AC) overlay and/or "GuardTop" slurry seal. Scope of work on this project also includes the replacement of ADA parking stalls, ADA pedestrian ramps, tree removal and installation, curb/median PCC work, traffic control, striping and markings, and other miscellaneous items of work necessary to complete the project. ENVIRONMENTAL REVIEW The Director of Development Services 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 project consists of maintenance or repair work to existing public street facilities involving negligible or no expansion of an existing use. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION This preservation program is designed to extend the pavement life and serviceability of the City parking lots through the removal and replacement of deteriorated sections of pavement (dig-outs) and the application of various types of surface treatments. The application of the asphalt concrete (AC) overlay and/or "GuardTop" slurry seal treatment will complete the overall maintenance strategy on these City facilities. In addition to applying the asphalt overlay and "GuardTop" slurry seal, the scope of work also City of Chula Vista Page 1 of 5 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 35 File#: 14-0104, Item#: 5. includes the removal, replacement or installation of ADA approved parking stalls, dig-out repair of asphalt pavement, weed removal and treatment with herbicide, crack filling, pavement striping and markings, replanting of new trees, concrete median and curb repair, traffic control, protection and restoration of existing improvements, and other miscellaneous work necessary to successfully complete the project. On February 19, 2014, the Director of Public Works received ten (10) bids for the "City Parking Lot Rehabilitation (OP212)" project. The following bids were received: CONTRACTOR SUBMITTAL RESULT TOTAL SUBMITTED 1. Frank & Son Paving Inc. - Suspended License, non- $164,245.10 Chula Vista, CA responsive in license requirements. There is also a $30.00 mathematical error. Actual bid total is $164,215.10. 2. Ramona Paving & Const. Corp. All requirements met $180,180.50 - San Diego, CA 3. Miller Paving Corp.- Santee, All requirements met $182,629.00 CA 4. KAD Paving Co.- San Diego, All requirements met $188,230.25 CA 5. Portillo Concrete, Inc. - Lemon All requirements met. $100.00 $192,107.00 Grove, CA mathematical error. Actual bid total is $192,007.00. 6. Kirk Paving Inc. - All requirements met $196,674.21 7. Angus Asphalt Inc. - All requirements met $199,500.00 8. SC Services Inc. - All requirements met $226,104.25 9. New Century Const. Inc. - All requirements met $227,590.00 10. PAL General Engineering All requirements met. $39,847.50 $250,193.00 Contractors - San Diego, CA mathematical error. Actual bid total is $210,345.50. In the City's bid package, it was stated that the minimum license requirements for this contract would be Class A - General Engineering Contractor, or a combination of C-8 (Concrete), C-10 (Electrical), C -12 (Earthwork and Paving), C-31 (Traffic Control), C-32 (Parking and Highway Improvement) and D- 49 (Tree Service) contractor licenses. Staff reviewed the apparent low bid submitted by Frank & Son Incorporated and determined that the contractor does not comply with the licensing requirement as previously stated. Frank & Son only has a C-12 license and their subcontractor, Statewide Striping, has a C-32 license. Additionally, their license is noted as "Suspended" for failure to comply with the City of Chula Vista Page 2 of 5 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 36 File#: 14-0104, Item#: 5. Workers' Compensation Requirement, as of March 3, 2014 (Attachment 1). Although their license can be reinstated once an updated Worker's Compensation Certificate is processed by the Contractor's State License Board, this contractor still would not comply with the licensing requirements stated in the contract documents. Staff sent a letter to the apparent low bidder, Frank & Son Paving Incorporated, informing them of the discrepancies and recommends that their bid be rejected for being non-responsive (Attachment 2). The bid submitted by Ramona Paving and Construction Corporation, the second apparent lowest bidder, is approximately 13.93% below the Engineer's estimate of$209,335. The Contractor, Ramona Paving and Construction Corporation, has a Class A - General Engineering Contractor's license. Although a specific license isn't required, Section 2-9 of the City's Specifications states that, "Tree trimming and other services must be done by a qualified Arborist provided by the Contractor." Ramona Paving stated that tree trimming would be done by Gary D. McDunn, a Certified Arborist by the International Society of Arboriculture (Attachment 3). The Contractor was not included in the proposal because the estimated cost was $900, which is less than one half of one percent of the total contract cost (Section 4104 of the CA Public Contract Code). Additionally, Section 9 Subcontracting of the Proposal Requirements and Conditions states, "Each proposal shall have listed therein the name, license number and complete address and phone numbers of each subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of 1% of the total bid or $10,000, whichever is greater." The Contractor has performed construction projects of similar scope for the City in the past and their work has been satisfactory. The Contractor's License No. 502506 is current and active. Staff recommends awarding a contract in the amount of $180,180.50 to Ramona Paving and Construction Corporation. Additionally, for this contract the City Council Policy No. 574-01 will only allow the Director of Public Works to authorize a maximum cumulative change order(s) amount of $10,000 plus 7% of the original contract over $100,000 ($15,612.64) without City Council prior approval. The proposed resolution would increase the Director of Public Works' cumulative change order authority to approve change orders, as necessary, up to the 15% contingency amount of$27,027.25, which is an increase of$11,414.62 over Policy No. 574-01 limitations. 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. Disclosure Statement Attachment 4 is a copy of the Contractor's Disclosure Statement City of Chula Vista Page 3 of 5 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 37 File#: 14-0104, Item#: 5. Wage Statement The source of funding for this project is the Parking Meter 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 in the Notice to Contractors in various trade publications. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that Councilmember Mary Salas has real property holdings within 500 feet of the boundaries of the properties which are the subject of this action. Staff is not independently aware, nor has staff 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 goal of the "Pavement Major Rehabilitation FY12/13 (Overlay) ( STM373)" project is to support the Strong and Secure Neighborhood strategy identified in the City's Strategic Plan. The maintenance and rehabilitation of public infrastructure is a key function in providing safe and efficient amenities for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT The following is a summary of anticipated project costs: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $180,180.50 B. Contingencies (Approx. 15%) $ 27,027.25 C. Staff Time, Material Testing & Other Costs (Approx. 15%) $ 27,027.25 CONSTRUCTION TOTAL $234,235.00 FUNDING SOURCES A. OP212 Parking Meter Fund $234,235.00 TOTAL $234,235.00 There is no additional impact to the Parking Meter Fund as sufficient funding is available to cover the program costs associated with this project. There is no direct impact to the General Fund for this project. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Since the improvements are anticipated to increase the life of these City facilities, there should be a positive long term fiscal impact. City of Chula Vista Page 4 of 5 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 38 File#: 14-0104, Item#: 5. City of Chula Vista Page 5 of 5 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 39 Resolution No. Page 1 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, DECLARING THE APPARENT LOW BIDDER, FRANK & SON PAVING, INC. TO BE NON-RESPONSIVE AND AWARDING CONTRACT FOR THE "CITY PARKING LOT REHABILITATION (OP212) PROJECT TO RAMONA PAVING AND CONSTRUCTION CORPORATION IN THE AMOUNT OF $180,180.50, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS NOT TO EXCEED $27,027.25 WHEREAS, City staff prepared specifications for the "City Parking Lot Rehabilitation (OP212)"project and advertised the project on January 31, 2014; and WHEREAS, on February 19, 2014, the Director of Public Works Engineering received ten(10) sealed bids for the "City Parking Lot Rehabilitation (OP212)"project; and WHEREAS, the bid submitted by Frank & Son Paving, Inc. in the amount of $164,245.10 is the apparent low bidder; and WHEREAS, Frank& Son Paving, Inc. has only a C-12 Contractor's License, which was noted as "Suspended" as of March 3, 2014. His proposed subcontractor has only a C-32 Contractor's License. This contractor does not meet the City's contract requirements; and WHEREAS, it is therefore recommended that the apparent low bidder be rejected for being non-responsive and that the contract be awarded to the second low bidder, Ramona Paving and Construction Corporation, for$180,180.50; and WHEREAS, the contractor has done satisfactory work for the City in the past as a Prime Contractor; and WHEREAS, the total "City Parking Lot Rehabilitation (OP212)" project is anticipated to cost $234,235.00, including $54,054.50 for contingencies, staff time, material testing and other costs; and WHEREAS, there is $234,235.00 in available funding from the Parking Meter Fund revenues in OP212; and WHEREAS, under Council Policy No. 574-01, the Director of Public Works may approve a contract increase up to $15,612.64, based upon the base contract amount. It is recommended that the Director of Public Works be authorized to approve change orders, as necessary, up to the contingency amount of $27,027.25 in order to allow staff to continue the project without delay. 2014-04-08 Agenda Packet Page 40 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids, declare the apparent low bidder, Frank & Son Paving, Inc., to be non-responsive, award a contract for the "City Parking Lot Rehabilitation (OP212)" Project to Ramona Paving and Construction Corporation in the amount of$180,180.50, waive City Council Policy 574-01 and authorize the expenditure of all available contingency funds not to exceed $27,027.25. Presented by: Approved as to form by: Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-04-08 Agenda Packet Page 41 :heck a License -License Detail - Contractors State License Board Page 1 of ^�� � ©EPARTMENT OF CONSUMER AFFAIRS 61 v r a ntractors Qro4r License a! ,ont acto s License Detail - License # 612545 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before aly€ng on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint andlor legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. -icense Number 612546 Extract Date 31312014 FRANK AND SON PAVING INC 3usiness Information Business Phone Number:(619)422-8322 1019 THIRD AVENUE CHULA VISTA.CA 91911 _ Entity Cprporahon_..._ _. .. .__ ._......_ _._.__.. .......... ssue[late expire pate 0212812.015 _ SUSPENDED This License is under suspension for the following reasons: 1. License is under suspension for failure to comply with Workers Camp.A _icense Status workers"compensation certificate or exemption statement may have been received by the Board but not yet processed. Once the certificate or exemption statement is processed the suspension will be lifted retroactively to the effective date of the certificate or exemption statement.Ask the contractor for proof of worker's compensation and contact the insurance company to verify coverage. 3lassifications C12 EARTHWORK AND PAVING ------------- --------- - This license fled a Contractors Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: SC47B300 3onding Bond Amount:$12,500 Effective Date: 03/02/2009 Contractor's Bond HistorV 2014-04-08 Agenda Packet Pa a 42 ttps://www2.cslb.ca.gov/OnlineServices/ChecicLicenseII/LicenseDetail.aspx?LieNum=612545 T /201= CITY of CHUL AVISTA e P D artment of Public Works March 4, 2014 File #OP212 Frank& Son Paving, Inc. P.O. Box 698 Bonita, CA 91908 REJECTION OF BID FOR OP212, CITY PARKING LOT REHABILITATION Mrs. Alicia Vasquez, As you know, we opened the bids for OP212, "City Parking Lot Rehabilitation", on February 19, 2014. At the bid opening, we announced that Frank & Son Paving, Inc, was the apparent low bidder at$164,245.10. City staff subsequently reviewed your bid for compliance with the contract documents. Unfortunately, a review of the license requirements for this project has led us to conclude that your bid is non-responsive. As indicated in Section 5 of the Proposal Requirements and Conditions, the minimum combination of license for this contract are a Class A: General Engineering Contractor license or a combination of C-8, C-10, C-12, C-31, C-32 and D-49 contractor licenses. Your proposal indicates that your firm only has a C-12 (Earthwork and Paving) license, and your subcontractor, Statewide Stripes, Inc., has only a C-32 (Parking and Highway Improvement) license. Additionally, on March 3 the California Contractors' License Board website indicated that your license has been suspended for failure to comply with the Workers' Compensation requirements. Although you may be able to rectify this situation, it would not take care of our other licensing requirements. Therefore, we regret informing you that we are recommending that your bid for OP-212, "City Parking Lot Rehabilitation", be rejected for being non-responsive. If you have any questions about this, please contact Elizabeth Chopp, Senior Civil Engineer, at(619) 691-5046. Sincerely, FRANCISCO X. RIVERA,T.E.,P.E. PRINCIPAL CIVIL ENGINEER Engineering-276 Fourth Avenue,Chula Vista,CA 91910 (619) 691-5021 fax (619) 691-5171 www.chulavista�� Clpera�lons A��� vlaxweIl Road,Chula Vista,CA 91911 I (619) 397-6000 I fax (619) 397 6259 1 Ramona Paving and Construction Corporation 1303 Olive St. Ramona, CA. 92065 March 6, 2014 City of Chula Vista 1800 Maxwell Rd. Chula Vista, CA. Ref- City Parking Lot Rehabilitation (OP212) To Whom it may concern: Tree trimming and root pruning work for the above referenced project will be done by Mr. Gary McCann of California Tree Service, Inc., San Marcos. The amount to be paid to Mr. McCann is $900.00, which is less than %2 of one percent of the contract cost. He was therefore not listed as a subcontractor in the bid submittal. Sincerely, omas Theaker President RPCC Ph: 760-788-2847 Fax: 760-789-9935 e-mail: info ,ramonapaving.com Lic. # 795526 2014-04-08 Agenda Packet Page 44 City of Chula Vista 1129/2014 CTW OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Coune 1,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 he filed.`the following information must be disclosed: I. Dist the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner,applicant, contractor, subcontractor,material supplier. N.A. 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 (corporationlpartnership)entity. N.A. 3. if any person* identified pursuant to(1)above is a non-profit organization or trust, list the names of any parson serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N.A. 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. N.A. 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 X 21 2014-04-08 Agenda Packet City Parking Lot Rehabilitation Page 45 OP212 City or Chula Vista 1/29/2014 If Yes,briefly describe the nature of the financial interest the official may have in this contract.. G. Have you made a contribution of more than $250 within the past twelve (12)months to a current member of the Chula Vista City Council?No X Yes_If yes,which Council member? 7. Have you provided more than$340 (or an item of equivalent value) to an official**of the City of Chula. Vista in the past twelve (12) months? ((his includes being a source of income, money to retire a legal debt, gift, loan,etc.)Yes _ No X If Yes,which official" and what was the nature of item provided? Date: 1=eb. 18, 2014 ; _ Signature of Contra torlApplicant Ramona Paving&ConstrrIction Corp. (by Thomas Theaker Print or type name of Contractor/Applicant * Parson is defined as: any individual, fine, co-partnership,joint ventiue, association, social club, fraternal organization, corporation, estate;, trust, receiver, syndicate, any oter county, city, municipality, district, or outer political subdivision, -or any other group or combination acting as a unit. Official includes, but is not Iinnited to: Mayor, Council member, Planning Commissioner, Member of a board,commission, or committee of the City, employee, or staff members. 22 2014-04-08 Agenda Packet City Parkin;Lo!Rehabilitation Page 46 01212 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0117, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013/2014 SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (DIF) BUDGET BY APPROPRIATING $50,000 TO THE SUPPLIES AND SERVICES CATEGORY FROM THE AVAILABLE FUND BALANCE (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City is seeking to retain the services of a consultant to provide auditing and engineering services in order to update the existing Salt Creek Sewer Basin Development Impact Fee (DIF). Since the last DIF update in 2004, the City has had changes in planned development within the basin. It is now necessary to update the DIF to ensure there are adequate funds and projected fee revenues to facilitate buildout of the planned development of the Salt Creek Basin. 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 of the State CEQA Guidelines because the proposed actions consist of a governmental fiscal activity which does not involve commitment to any specific project which may result in a potentially significant physical impact on 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 required. Although environmental review is not required at this time, once the scope of individual projects to be funded have been defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City is seeking to retain the services of a consultant to provide auditing and engineering services in order to update the existing DIF. Since the last DIF update in 2004, the City has had changes in planned development within the basin. The specialized work required to update the existing DIF will need the expertise of a consultant. The scope of work will: (1) update the existing and projected land uses in the Salt Creek Basin area, 2) review and update as necessary eligible existing and future trunkline improvements and costs, and identify the sewer reaches remaining to be constructed, 3) review the DIF fund information, and identify any refunds or credits for the construction of eligible trunkline sewer improvements, and 4) recommend a fee update that would ensure there are adequate funds and projected fee revenues to construct all the trunkline sewer improvements City of Chula Vista Page 1 of 2 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 47 File#: 14-0117, Item#: 6. required to facilitate buildout of the planned development of the Salt Creek Basin. The DIF update is different and separate from the sewer rate update recently adopted by Council Resolution 2013-267 on December 17, 2013. The DIF update seeks to ensure that there are adequate funds and projected fee revenues to recover the costs of sewer infrastructure that benefit the planned developments of the Salt Creek Basin equitably. The sewer rate update was needed to accurately recover the treatment costs and secure the maintenance and long-term care of the utility assets while being fair to all customers. 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 DIF supports the Economic Vitality goal as it seeks to adequately fund sewer infrastructure to support new growth. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $50,000 to the Salt Creek Sewer Basin DIF Fund. These funds will be used for consultant services to update the Salt Creek Sewer Basin DIF. There is sufficient fund balance in the Sewer Basin DIF Fund for this appropriation. There is no impact to the General Fund as a result of this change. ONGOING FISCAL IMPACT None City of Chula Vista Page 2 of 2 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 48 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2013/2014 SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (DIF) BUDGET BY APPROPRIATING $50,000 TO THE SUPPLIES AND SERVICES CATEGORY FROM THE AVAILABLE FUND BALANCE WHEREAS, funds in the Salt Creek Sewer Basin Development Impact Fee (DIF) are used for the purposes of maintaining adequate funds and projected fee revenues to recover the costs of sewer infrastructure that benefit the planned developments of the Salt Creek Basin equitably; and WHEREAS, since the last DIF update in 2004, the City has had changes in planned development within the basin; and WHEREAS, the City is seeking to retain the services of a consultant to provide auditing and engineering services in order to update the existing DIF; and WHEREAS, an appropriation of $50,000 from the available DIF Fund balance is necessary to meet estimated expenditure obligations budgeted in the DIF, Supplies and Services Category, Object Code 6301, Contracted Services line item. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the Fiscal Year 2013/2014 Salt Creek Sewer Basin DIF budget by appropriating $50,000 to the Supplies and Services category from the available fund balance. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney 2014-04-08 Agenda Packet Page 49 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0132, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROFESSIONAL PIPE SERVICES FOR PROVIDING SEWER MANHOLE INSPECTION AND EVALUATION SERVICES IN THE AMOUNT OF $300,000, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 RECOMMENDED ACTION Council adopt the resolution. SUMMARY City staff would like to hire a contractor to inspect and evaluate the sewer manholes in the City in order to prioritize the Sewer Manhole Rehabilitation Capital Improvement Program. The proposed action will allow the City to enter into an agreement with Professional Pipe Services (PPS) to provide sewer manhole inspection and evaluation services, and will authorize the expenditure of available funds for providing such services. 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 6 categorical exemption pursuant to Section 15306 [Information Collection] of the State CEQA Guidelines because the activity consists of basic data collection and evaluation of potentially deteriorated sewer manholes throughout the city. Thus, no further environmental review is required at this time. Although environmental review is not required at this time, once the scope of an individual project to be funded has been defined, environmental review will be required and the appropriate environmental determination will be made. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista has over 12,000 sewer manholes. Over time, these sewer manholes have been exposed to wastewater environment and some of these manholes might have sustained severe deterioration. In addition, some of the sewer manholes in the older section of the City have exceeded their expected service life and need to be inspected to evaluate their conditions. All data generated from this contract will be incorporated into the City GIS system and will play a vital role in the Wastewater Asset Management Program. City of Chula Vista Page 1 of 4 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 50 File#: 14-0132, Item#: 7. On February 5, 2014, staff issued a Request for Proposals for Sewer Manhole Inspection and Evaluation. Subsequently, by February 19, 2014, the Director of Public Works had received only the following two (2) proposals for this project: Contractor Name Cost for Traffic Cost for Number of Manhole Control /Sub Inspecting Each to be Inspected consultant Manhole based on $300,000 contract Empire Cleaning Additional Cost $152.50 1 ,967 Equipment , Inc. for Enhanced Traffic Control Professional Pipe Included in the $100.00 3,000 Services cost per manhole During the consultant selection interview, Empire Cleaning Equipment, Inc. (ECEI) informed staff that they presently do not have the equipment to perform the required services. They intend to purchase the equipment upon the City awarding them the contract. In addition, ECEI requested to exclude from the City's manhole list all manholes that require enhanced traffic control, and therefore requested that these manholes be inspected under a future and separate contract. Thus, ECEI was asking for additional costs for providing enhanced traffic control for certain areas. The proposal from PPS was $100 per manhole, approximately 33% less than that proposed by ECEI. Moreover, unlike ECEI, PPS did not want to charge an additional fee for or exclude those manholes that required enhanced traffic control. In addition, during the interview, PPS was able to demonstrate their expertise in manhole inspection and evaluation services. This consultant warrants that it is well equipped, experienced, and staffed in a manner such that it can deliver the required services in accordance with the timeframes and the terms and conditions of this Agreement. The contract amount for this project is $300,000 for Fiscal Year 2014. Upon further negotiating, Staff was able to negotiate with PPS a reduced price of$90 per manhole. By selecting PPS with a price of $90 per manhole, this contract will include inspection of 3,333 manholes for $300,000. Council's approval will allow the City Engineer to enter into an agreement with PPS for sewer manhole inspection and evaluation services for an amount of$300,000 for Fiscal Year 2014. 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 for this contract that may be approved by the Director of Public Works under Policy No. 574-01 is $24,000. Approval of this resolution would increase the Director of Public Works' authority to approve change orders, as necessary, up to the contingency amount of $80,000, an increase of $56,000 over Policy No. 574-01 . Increasing the contingency City of Chula Vista Page 2 of 4 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 51 File#: 14-0132, Item#: 7. funds will grant staff the option to authorize the Contractor to inspect additional manholes at a cost of $90.00 per manhole (beyond the 3,333 contracted number of manholes), and to continue the project without delay should unforeseen circumstances resulting in increased project costs arise during the course of the inspection. If the contingency funds are not used, then they will be returned to the project fund balance. This year's contract will help staff better understand the manhole inspection process. Staff will request Council's approval for additional sewer funds continuing with next year's Capital Improvement Program in order to systematically complete the inspection of all 12,000 sewer manholes. Consultant Selection Process On February 7, 2014,the City Manager approved the formation of the Selection Committee for this project in accordance with Section 2.57 of the Chula Vista Municipal Code. Consequently, the Selection Committee for this project was formed with the following City staff: Dave McRoberts, Wastewater Collection Manager Jamal Naji, Associate Civil Engineer Tim Weinman, Engineering Technician II Upon reviewing the written proposals, City staff invited all contractors for an interview to compete in the selection process. After calling all references, and interviewing all contractors, on February 26, 2014,staff determined that PPS met the qualifications required to provide Manhole Inspection and Evaluation Services based on the following criteria: 1. Company references; 2. Company staff experience; 3. Capacity to perform work; 4. Responsiveness to scope of work. PPS proposes to use a 100% digital camera system for the inspection. The inspection camera system has two independently controlled or simultaneously controlled digital cameras. Each camera has a minimum of 185 degree field of view. Their inspection camera system illuminates the interior of the manhole using a xenon strobe light which will be positioned 360 degrees around the camera lens to distribute the light evenly onto the structure walls. A review of their inspection system shows that images are crisp and clear. PPS will review the collected data, perform coding observations, and complete a full Manhole Assessment & Certification Program (MACP) evaluation of each inspected manhole. The digital film files are capable of producing a three dimensional representation of the manhole structure. This data will be used to perform geometric measurements. Their digital files will also include a distortion-free virtual pan and tilt allowing the review of the manhole structure from any angle and from any depth. The virtual pan and tilt feature allows the inspection to be 360 degrees in any direction. The virtual pan and tilt will consist of views from the top and bottom camera. DECISION-MAKER CONFLICT Pursuant to California Code of Regulations Section 18704.2(b) (2), there is no material effect on any economic interests in real property as the "decision solely concerns repairs, replacement, or maintenance of existing streets, water, sewer, storm drainage or similar facilities." 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 project seeks to preserve and restore City infrastructure through the Asset Management Program (initiative 4.1.1) by establishing a baseline condition of the sewer system asset City of Chula Vista Page 3 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 52 File#: 14-0132, Item#: 7. (sewer manholes). From said baseline condition, replacement and rehabilitation of the sewer manholes will be budgeted and scheduled. CURRENT YEAR FISCAL IMPACT There is no additional impact to the Sewer Facility Replacement Fund as sufficient funding is available in CIP SW281 to cover the costs associated with this project. ONGOING FISCAL IMPACT Additional Sewer Facility Replacement Funds will be requested as part of the annual Capital Improvement Program budget process for inspecting and evaluating the remaining sewer manholes in FY2015 and FY2016. No other fiscal impact is anticipated. ATTACHMENTS A. Approval of Selection Committee B. Agreement between City of Chula Vista and PPS for providing sewer manhole inspection and evaluation services. City of Chula Vista Page 4 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 53 MEMORANDUM February 12,2014 File No. SW-281 TO: Jim Sandoval, City Manager VIA: Gary Halbert,Assistant City Manager _.. Richard Hopkins,Director of Public Works William Valle,Assistant Director/City Engineer Frank Rivera, Principal Civil Engineer FROM: Roberto Yana, Senior Civil Engineer SUBJECT: Request for Approval of Selection Committee to Evaluate Qualifications and Interview Eligible Consultants to Provide Manhole Inspection and Evaluation Services The scope of this Request for Proposals (RFP) is to retain a consultant to provide Manhole Inspection and Evaluation Services for City of Chula Vista. This RFP was issued on February 5, 2014, with a due date of Wednesday, February 19, 2014. The responsive consultant will be screened and ranked based on criteria set forth in the RFP. Subsequently, the top three candidates will be interviewed and one consultant will be recommended by the Selection Committee to be the first negotiation preference for this project. Once negotiation is done, staff will award the project, which will then be brought forth to the City Council for approval. In accordance with Section 2.57 of the Chula Vista Municipal Code, we are requesting your approval to appoint the following people to form the subject Committee that will be responsible to evaluate the qualifications and interview the successful respondents as necessary to select a qualified consultant: Dave McRoberts, Wastewater Collection Manager Jamal Naji, Associate Civil Engineer Tim Weinman, Engineering Technician II Please sign and return this sheet if you concur with the recommendation to appoint the above listed committee members. Thank you. Approved: Ji Sandoval, Manager J:I EngineerlSEWER\Projects\Manhole Inspection RFSlsele ' n committee memo E 2014-04-08 Agenda Packet Page 54 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PROFESSIONAL PIPE SERVICES FOR PROVIDING SEWER MANHOLE INSPECTION AND EVALUATION SERVICES IN THE AMOUNT OF $300,000, WAIVING CITY COUNCIL POLICY 574-01 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $80,000 WHEREAS, the City of Chula Vista has over 12,000 sewer manholes that provide access to City crews for maintenaning the sewer colllection system; and WHEREAS, over time these sewer manholes have been exposed to a harsh wastewater environment and some might have sustained severe deterioration; and WHEREAS, some of the sewer manholes in the older section of the City (mostly western side and Montgomery Area) have exceeded their expected service life and need to be inspected to evaluate their conditions; and WHEREAS, staff would like to hire a contractor to inspect and evaluate the sewer manholes throughout the City in order to prioritize the Sewer Manhole Rehabilitation Capital Improvement Program; and WHEREAS, all data generated from this contact will be incorporated into the City GIS system and will play a vital role in the Wastewater Asset Management Program; and WHEREAS, on February 5, 2014, staff issued a Request for Proposals for Sewer Manhole Inspection and Evaluation services. Subsequently, on or before February 19, 2014, the Director of Public Works received the following two (2)proposals for this project; and Contractor Name Cost for Traffic Cost for Number of Manhole Control/Sub Inspecting Each to be Inspected based consultant Manhole on $300,000 contract Empire Cleaning Additional Cost $152.50 1,967 Equipment, Inc. for Enhanced Traffic Control Professional Pipe Included in the $100.00 3,000 Services cost per manhole WHEREAS, on February 7, 2014, the City Manager approved the formation of the Selection Committee for this project in accordance with Section 2.57 of the Chula Vista Municipal Code; and WHEREAS, Professional Pipe Services (PPS) demonstrated to the Selection Committee that it is experienced and staffed in a manner such that it can deliver the services required of 2014-04-08 Agenda Packet Page 55 Resolution No. Page 2 Consultant to City in accordance with the time-frames and the terms and conditions of this Agreement; and WHEREAS, the contract amount for this project is $300,000 for Fiscal Year 2014. Following further negotiations, Staff was able to negotiate a reduced price of$90 per manhole. By selecting PPS with a price of $90 per manhole, this contract will include inspecting 3,333 manholes for$300,000; and WHEREAS, the proposed resolution would also authorize the Director of Public Works to approve change orders, as necessary, up to the contingency amount of $80,000, which is an increase of$56,000 above the limits set by Council Policy No. 574-1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement between the City of Chula Vista and PPS for Providing Sewer Manhole Inspection and Evaluation Services, waive Council Policy No. 574-01 and authorize the Director of Public Works to expend all available contingency funds in an amount not to exceed$80,000. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-04-08 Agenda Packet Page 56 Agreement between City of Chula Vista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services This agreement (Agreement), effective March 27, 2014, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, The City of Chula Vista has over 12,000 sewer manholes that provide access to the City crew for maintaining the sewer colllection system; and WHEREAS, over time, these sewer manholes have been exposed to harsh wastewater environment and some might have sustained severe deterioration; and WHEREAS, some of the sewer manholes in the older section of the City (mostly western side and Montgomery Area) have exceeded their service life and need to be inspected to evaluate their conditions; and WHEREAS, City staff would like to hire a contractor to inspect and evaluate the sewer manholes throughout the City in order to prioritize the Sewer Manhole Rehabilitation Capital Improvement Program ; and WHEREAS, Professional Pipe Services (PPS) warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 1 2014-04-08 XLY& N(P efment Betfeeen the City of Chula Vista and Professional Pipe Services to Seaver Manhole inspection and Evaluation Services. page 57 C�lJsersl jamaln\AppDatal LocallMicraso$IWindowslTemporary intcmet FileslConteut.Outlook`2Q]UFDMl12 party Sewer Mardiole lnspeetiosr Services.doc OIBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 2 2014-04-08 XgenWwtp nreut Between the Cit3)of Cluda Vista and Pro essional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 58 C:kUsersljamalnL AppDalall..ocallMicrosofllWindowslTemporary lntcmet Files lContent.0idlookl2QlUFDMl12 Party Sewer Mardiole Lispeefion Services.doc B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance. Contractor shall procure and maintain insurance of the type, in the amounts, and containing those additional provisions identified in Exhibit"B" attached. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Page 3 2014-04-08 Wgon' i?ai#mtmeni Between the Cioj of Cliula Vista and Professional Prue Services to Sewer Manhole insp,ection and Evaluation Services. Page 59 C:1UsersljamalnlAppDalalLocallMicrosoltlWindowslTemporary lntemet FileslContent.Qullook12Q1 UFDMII2 Party Sewer Manhole Inspection services doc Manager or City Attorney which amount is indicated in the space adjacent to the terra, "Letter of Credit," in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. ]Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to Page 4 2014-04-08 XgWiMWAYa went Between the City of Chula Vista and Professional Pipe Services to Sewer Manhole insveclion and Evaluation Services. Page 60 C:1 Uscrsl jamalnl AppDalal Loca llMici-osoRlWindowslTemporary hitemet FileslContent.Outlook12Q IUFDM112 Party Sewer Manhole Inspection Services.dor the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Nat Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE 111. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. Page 5 2014-04-08 KMe>;i w1VaJcppment Between the City of Clrula Fista and Pro essional Pi e Services to Sewer Manhole Inspection and Evolualion Services. page 61 C:1 Usersl jamalnlAppDataToca llMicrosolllWindowslFemporary Internet FileslContent.OkillookUQl UFDM112 Party Sewer Manhole Inspection services.doc 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES Page 6 2014-04-08 ften-MipaUmenjenlBetween the City of Chula lrsta and Projescional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 62 CaUsersljamalnl AppDatalL.ocaIMcrosoftlWindowslTeniporaiy Lvemet FileslConlent.Outiookl2QlUFDMl12 Party Sewer Manhole]nspectfon Services.doc A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay,the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. Page 7 2014-04-08,wg'etruipaU{drment Between the City of Chula Vista and Professional Pipe Services to Sewer Monhole inspection and Gyaivation Services. page 63 C:IUsersl jamalnlAppDatall.oca]WicrosotllWindowslTcmporary Internet FileslConlentOutlookl2Qi UFDMI\2 Party Sewer Manhole Inspection Sernces.doc 2. Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code ,section 2782.5, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.1. and A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. 8. No Alteration of Other Obligations. This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. Page 8 2014-04-08� ei� fpAV6fment Between Cite City of Chula Vista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 64 C: sersljamal nl AppDalal i.ocallMicrosofllWindowslTemporary Internet FileslContent.OnilooklZQ]OFl]MI 2 Party Sewer Manhole Inspcctian Services.doc B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS Page 9 2014-04-08 XM*n0wVa*Jwmenf Between the City of Clada Vista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 65 Cl Users ljamatn�AppDatalLocatlMierosoftl W indowslTemporcry Intemel FileslContent.Outlook\2Q l UFDM 112 Party Sewer Manhole Inspection Services.doc A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City, Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or Iiabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. Page 10 2014-04-08 t'aWepieni Between rite 00 of Gloria Vista and Professional PV.Services to Sewer Manhole inspection and Evaluation Services. page 66 C:Uscrsljatnaln\AppDatal LocallMicrosoftlWindowslTemporary Internet FileslContent.Outlookl2Ql UFDMIV Party Sewer Manhole Inspection Services.doe D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. 1. Extension of Term. This Agreement, upon the mutual consent of the City Engineer and the Contractor, may be extended to inspect additional sewer manholes based on the same terms and conditions herein and at the unit costs identified in Exhibit A, section 10(B)(1). G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. 1. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter Page 11 2014-04-08/Tgenl&rtPatgLermeiit Between the City of Chula Vista and Pro essional Pi e Services to Sewer Manhole inspection and Evalualion Services, page 67 C'.1VsersljamainlAppDatal Local\[vlicrosoll\WindowslTemporary Internet FileslContent.0udook\2Q1i FDMl12 Party Sewer Manhole Inspeefion Seraices.doe into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 12 2014-04-084 ?dUV rtenf Between the City of Chula risto and Professional Pipe Services to Sewer ifanhole inspection anti Evaluation Sen ices. Page 68 C: sersl}amalnLAppData\LocallMierosoftlWi idowsVfemporary Internet FileslContent.Outlook52QIUFDMI\2 Party Sewer Manhole Inspection Services.doe Signature Page to Agreement between City of Chula Vista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services fN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney Professional Pipe Services B y' 0, �QA�� Marls Metcalfe Vice President of Operations Exhibit List to Agreement: Exhibit A Page 13 2014-04-OBAge0dayAgkmnienl$enveen the City of Chula Kula and Professional Pipe Services to Server Manhole inspection and Evaluation Services. Page 69 C:IUsersl sdaroneV,ppDataTc)ca lWicrosoftlWindowslTemporary prtemet FileslContent.Outlookl5MLJT1E6V 1U Party Sewer Manhole inspection Services.doc Exhibit A To Agreement between City of Chula Vista and Professional Pipe Services to Provide Sewer Manhole Inspection and Evaluation Services 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) The Chula Vista Public Financing Authority, a ( ) The Chula Vista Industrial Development Authority, a { } Other: , a [insert business form] (City) 3. Place of Business for City- City of Chula Vista 276 Fourth Avenue, Building B Chula Vista, CA 91910 4, Consultant: Professional Pipe Services (PPS) 5. Business Form of Consultant: ( } Sole Proprietorship ( }Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 249 S. Paseo Tesoro, Walnut CA 91789 Telephone: 562-572-8521 Email: Spowerskhswcorp.com_ Website: www.pro-12il2c.com Page 14 2014-04-08) edW1pA dfnzent Between the City of Chula Fista and Professional Pipe Services to Sewer Manhole rnsyection and Evaluation Services. page 70 C:Usersl jamalnVAppDal aTocu AMicrosoftlWindowslTemporaiy Internet PitcslContept.Outlook12Q3 UFDMI\2 Party Sewer Manhole Inspcction Services.doe 7. General Duties: PPS shall inspect and evaluate conditions of sewer manholes in the City of Chula Vista as a part of an overall asset management program for the wastewater collection system. Currently there are over 12,000 sewer manholes in the City of Chula Vista. An ongoing inspection and evaluation program is needed for the Asset Management Program and to prioritize the Capital Improvement Program for rehabilitating these sewer manholes. The contracted amount for this contract shall not exceed $300,000 for fiscal year 2013-2014. The number of manholes to be inspected shall be 3,333 manholes based on PPS unit price of$90 per each manhole. Contractor and Staff agreed that the City may exert the option of requesting additional manholes to be inspected beyond the contracted amount of$300,000 at the unit price of$90.00 per manhole. Project Backjjround & Summary PPS shall inspect and evaluate the sewer manholes to determine the detailed condition and to collect data of every notable feature, defect, or other important information. The inspection shall be completed in a two-step process consisting of. 1-Data Collections and Data Review, 2- Reporting, and Delivery. PPS must perform a quality inspection utilizing a.digital manhole inspection system that can provide superior imagery and geometric data as compared to traditional methods. 8. Scope of Work and Schedule A. Detailed Scope of Work- All work associated with this contract is to be completed no later than June 27, 2014 The inspection shall include the following tasks and specifications: Task No.l: Data Collections a. The inspection shall be performed with a 100% digital camera system. Any analog or NTSC video camera will be deemed unacceptable. b. The inspection camera system must have two independently controlled or simultaneously controlled digital cameras, one facing in the downward direction and one facing in the upward direction. Each camera must have a minimum of 185 degree field of view. c. The inspection camera system must illuminate the interior of the manhole using a xenon strobe light which will be positioned 360 degrees around the camera lens to distribute the light evenly onto the structure walls. The lighting must be able to illuminate manholes up to 10 feet (120 inches) in diameter without the need of any auxiliary lighting. Any Page 15 2014-04-08 NVedtlafat*etment BeNeeu the City of Chula Irsta and Professional Pi pe Services to Server Manhole inspection and Evaluation Services. page 71 C:IUsersljamalnlAppDalall ocallMicrosoftlWindowslTemporary Internet Fi1eslContent.Out1nok12QI UFDMII2 Party Sewer Manhole Inspection Services.doe Systems not using strobe light technology will be deemed unacceptable due to motion blur during imaging recording. d. The inspection system shall produce individual images or frames with no more than 0.001 inches of movement during image or frame exposure to produce crisp, clear images. e. The inspection camera must provide a minimum of 3000 line of vertical resolution in the side view and a minimum of 500 lines in the perspective view. f. The system must be capable of inspection speeds of 14 inches per second to ensure maximum production per day with each inspection system and to minimize the time at each location to maintain traffic flow and reduce safety concerns of PPS employees. g. Collected digital film files and header files shall be recorded onto a hard drive and original un-edited data shall be archived for a minimum of 5 years after project completion in the event the City request copies for internal use. Task No.2: Data Review, Reporting, and Delivery a. PPS is responsible for reviewing collected data, coding observations, and completing a full Manhole Assessment & Certification Program (MACP) evaluation of each inspected manhole. In addition, PPS must provide the City with all the necessary software to have the ability to view the digital film file in the way that the PPS can view them, including full control of the virtual pan and tilt. b. The digital film files must include an unfolded view of the manhole with a minimum of 3000 lines of vertical resolution. c. The digital film files must include the capability of producing a three dimensional representation of the manhole structure. This data shall be used to perform geometric measurements. This file shall be exportable to common CAD programs for further analysis. d. The digital files must include a distortion-free virtual pan and tilt allowing the review of the manhole structure from any angle from any depth. The virtual pan and tilt must be able to view 360 degrees in any direction. The virtual pan and tilt must consist of views from the top and bottom camera, any virtual pan and tilts that artificially create this view from a single camera will be deemed unacceptable due to distorted images on the direct side view. e. The virtual pan and tilt and up/down direction of the view must be able to be controlled from a computer mouse. f. The virtual pan and tilt and unfolded views must be able to be viewable by the City without the need of any third party data logging software. g. PPS must review the film files using MACP certified personnel. h. PPS must supply the City with two sets of single or dual layer DVDs, a removable hard drive, or other pre-approved media with the data and reports. Page 16 2014-04-08 XgWnft+$"aUW-L11t Bethveen the City of Chula Vista and Professional&ELSerpices to Sewer Manhole inspeclion and Evalualion Services. page 72 C:1 Usersl jamalnlAppDatElLocal lMicrosoftlWindowsl'l'etnporary IntenietFi leslContenl.Otrilookl2QII)FDMI[ 2 Party Sewer Mankole Inspection Services.doc i. All deliverables must be supplied to the City within 5 days of completion of fieldwork. j. The number of manholes to be inspected under this contract shall be based on the $300,000 limited contracted amount and should be calculated based the contracted unit price of$90.00 for inspecting each manhole including all related works to complete the contract. Task 3 Field Supervision and Traffic Control a. PPS shall provide proper supervision at the job site during all phases of work and shall be responsible for coordinating the work to be done including traffic control. Work could take place in alley's, yards, parking lots, drainage channels, and major busy streets. The Contractor shall provide copies of all applicable licensees and permits for administering the traffic control and inspecting the sewer manholes as required by the State and the City. b. Traffic control shall be administered to the satisfaction of the City of Chula Vista Traffic Division. Prior to start the manhole inspection, PPS shall obtain a signed approval of City of Chula Vista, Traffic Division for typical traffic control plans for this project. c. Task 4. Marking Manhole Covers of all Inspected Manholes The contractor shall mark each manhole cover with a plus Sign (+) with a permanent, weatherproof, and distinctive green color markers to be approved by the City, identifying all manholes that were inspected. The plus sign (+) should be no smaller than 4" and no bigger than 6". Task 5. Mapping and Billing The City shall provide PPS with maps outlining and listing the manholes to be inspected, a database of all the manholes to be inspected, and a GIS shapefile. When submitting invoices, PPS shall mark these maps and shall submit log sheets listing identification number of the inspected manhole, manhole's location, size of manhole, type of manhole wall (concrete or brick), date of inspection, and names of personnel who did the work. B. Date for Commencement of Consultant Services: (X)Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Marked maps , DXF file, and spread sheet showing all inspected Manholes. Deliverable No. 2: Digital and hard copy reports that include a Complete and a full Manhole Assessment & Certification Program (MACP) evaluation of Page 17 2014-04-O8X7gon%gtpaUfflemeniBehveentheCio of Chula Vista and Professional Pipe Services to.Sewer Manhole inspection and Evaluation Services. page 73 C:1 UsersljamalnlApirDatal LDca llMicrosofllWindows\Temporary Internet l ileslConient.0utlook12Q1 UFDM112 Party Sewer Manhole Inspection SeMces.doc each inspected manhole. Pipelogic Manhole Inspection Viewer (at no cost to the City) with one manhole inspection per viewer, PDF Reports Deliverable No. 3: All items listed in Section 8, Task No.I and Task No.2. D. Date for completion of all Consultant services: June 27, 2014. 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the tunes or milestones or Deliverables set forth. Consultant shall not Page 18 2014-04-08 Tyg@lfegtpd&ecment Between the Cite of Clink Vista and Professional Pipe Services to Server Manhole inspection and Evaluation Services. page 74 C:1Usersl jamalnlAppDatal Loca llMicrosoltlWindowslTempcmary Internet Fi leslCoittent.Outlookl2QIUFDMt52 Party Sewer Manhole Inspection Services.doc commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ { ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. { ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: D. (X)Not-to-Exceed Arrangement (1) (X)Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $300,000, including all Materials, and other"reimbursables" (Maximum Compensation). (2) (X) Based on Unit Costs: The total compensation due to the Contractor, which in no event shall exceed the Not To Exceed amount identified above, shall be based on a unit cost of$90.00 per manhole for Page 19 2014-04-08 7*ad4jtp2OW#Cmen1 Between the City of Chula Vista and Professional Pipe Services to.Sewer Manhole inspection and Evaluation Services. page 75 C:iUsersljamalnlAppDatalLocai MicrosofllWiiidowslTemporary Internet FileslContent.0utlookLQl UFDM112 Party Sewer Manhole Inspection Seivices.doe Fiscal Year 2014, defined in Section 8-A. In the event that the term of this agreement is extended pursuant to Article IX, Section F above, the unit costs ($/manhole to be inspected and evaluated) (3) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. { ) Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X)None, the compensation includes all costs. Cost or Rate ( } Reports, not to exceed $ $ ( } Copies, not to exceed $ $ ( } Travel, not to exceed $ $ ( } Printing, not to exceed $ $ ( } Postage,not to exceed $ $ ( } Delivery, not to exceed $ $ ( } Outside Services: $ ( ) Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: 3amal Naji, Associate Civil Engineer, City of Chula Vista Address: 276 Fourth Avenue, Building B Chula Vista, CA 91910 Office: (619)409-5921 Email: jnajinchulavistaca.,gov Page 20 2014-04-08 4eyffiffIptA{eyment Between 1&00 of Chula Vista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 76 C.1UsersljamalnlAppDatal Local lMicrosofllWindowslTenrporary lnternet FileslConteirt.Uutlook12QIUFDMl12 Party Sewer Manhole Inspection Sarvices.doc Consultant: Steve Powers, Branch Manager, Professional Pipe Services Address: 249 S. Paseo Tesoro, Walnut CA 91789 Cell: (562)572-8521 Office: (909) 598-9743 Email: Spowers(a�hswcorp.com 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): (X)Not Applicable.Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. ( } Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( } Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. ( ) List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Page 21 2014-04-08 EgodUwtpa meni Between lire Cll1p of Chula Fista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. Page 77 CaUsersljarnainl AppDatalLoca]1MicrosofllWindowslTemporary lntemet FileslContent.Dutlook12Q]UFDM112 Party Sewer Manhole inspection Services.doc 15. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17, Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X)Monthly { ) Quarterly O Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( } End of the Month ( } Other: C. City's Account Number: [TO BE ASSIGNED] 18. Security for Performance O Performance Bond, $ { ) Letter of Credit, $ { ) Other Security: Type: Amount: $ { ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or"Retention Amount"until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( } Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 22 2014-04-08 Xbnftft vaWerment Between Cite Cite of Chula Vista and Professional Pipe Services to Sewer Manhole inspection and Lyal-Hation.Services, page 78 C:1UsersljatnalnlAppData\Lora]1MicrosoIllWindowslTemporary 3ntemel FileslConient.0utlootc12Qt UFDMl12 Warty Sewcr Manholc lnspcction Services.doc ( ) Other. The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. Page 23 2014-04-08 KgrnWwAYatWvmeYjIBetween the Cite of Chula Vista and Professional Pie Services to Sewer Manhole inspection and Evaluation Services. Page 79 C:\Usersljatinaln\AppData\Local\Microso111WindowslTemporary 111temel FileslContenf.Outlook12Q]Uf,DM112 Patty Sewer Manhole tnspeelion Setvices.doe Exhibit B INSURANCE REQUIREMENTS FOR cY of; CHULA VISTA CONTRACTORS/SERVICE PROVIDERS (Nat for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If applicable—see footnote next page) If the contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as ISO Form CG 20 10 1185 or Page 24 2014-04-08 Krg @ifmtpAw@cment Between the Cit3,of Chula Vista and Professional Pips Services to Sewer Manhole inspection and Evaluation Services, page 80 C;lU sersljauua4nlAppDatall.ocallMicrosoltlWindowslTemporary Internet FileslCon[enLOutlook 2QIUFDM1\2 Party Sewer Manbole hispection Services.doe if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). Specifically, endorsement must not exclude Products /Completed Operations. Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5)years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning Page 25 2014-04-08 ft#"gtpjWc@cment Between the City of Chula Vista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. Page 81 C:1 Usersl jamalnl AppDatalLoca llMicrosoftlWirfdowslTemparary Internet FileslConteol.Ootlookl2Q I IJFDM112 Party Sewer Manhole Lispeefion Services.doc shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. Page 26 2014-04-08 Cg (1MV�daement Between the City of Chula Vista and Professional Pipe Services to Sewer Manhole inspection and Evaluation Services. page 82 C:U-,ersljatnalnL4ppBatalLocalVM erosottlWindowsVfemporary Tntemet Fi1eslContcnWut1ook12QIU1-MI\2 Party Sewer Mairiole Inspection Services.doc City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0151, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING A TWO-PARTY AGREEMENT BETWEEN WILLIAM HEZMALHALCH ARCHITECTS, INC. (CONSULTANT), AND THE CITY OF CHULA VISTA, FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF THE UNIVERSITY PARK & INNOVATION DISTRICT (UPID) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2008, the City entered into Land Offer Agreements that will provide approximately 375 acres of land to the City for a University Park and Innovation District (UPID). With the City expecting to receive much of the land within the next year, staff is working on several activities that are foundational to continued planning and ultimate development of the UPID. This item requests City Council approval of a two-party contract for the preparation of the necessary SPA Plan for the UPID. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed contract approval for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review of contract approval is required. BOARD/COMMISSION RECOMMENDATION N/A DISCUSSION Background Since the adoption of the Otay Ranch General Development Plan (ORGDP) in 1993, the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. This vision is also reflected in the City's General Plan (GP). While the properties have been designated "University" (with a secondary residential land use should the University not become a reality), they have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the initial acquisition of approximately 140 acres of developable land for university purposes. With a planned area of approximately 375 acres, additional acquisitions were required to realize the land mass envisioned for the University by the GP and ORGDP. In 2007, the City began negotiating with the remaining landowners to facilitate acquisition of land necessary for future development of UPID while also providing equitable benefit to the landowners. City of Chula Vista Page 1 of 3 Printed on 4/3/2014 powered by Leg 2014-04-08 Agenda Packet Page 83 File#: 14-0151, Item#: 8. In 2008, the City entered into two separate Land Offer Agreements (LOAs)with the Otay Land Company (OLC), a subsidiary of HomeFed, and JPB Development. Through a combination of land exchanges and agreements for expedited entitlement processing, the LOAs provide the basis for assembling the remaining land for the approximately 375 acre UPID under City ownership, including 30-acres located adjacent to the Lower Otay Reservoir within the Eastlake GDP area. Both OLC's and JPB's development applications are currently being processed with entitlements expected to be before City Council in the Spring and Fall of 2014, respectively. With fulfillment of the LOAs nearing, staff is working with consultants to finalize grading and phasing concepts for the UPID, as well as continuing work on the programmatic Environmental Impact Report under a previously approved consulting contract. Another key component to support development of the UPID is the preparation of a Sectional Planning Area (SPA) Plan and supporting documents. Due to the extent and complexity of that work, staff is proposing the subject consulting services contract. Waiver of Consultant Services Selection Process Since the City is expecting to receive the remaining land within the coming year, planning for the UPID is timely. As noted above, however, the City does not typically author SPA Plans for such large projects, nor employ staff with all the levels of expertise necessary for SPA Plan preparation. As such, staff is proposing that the City enter into an agreement with a consultant to author a SPA Plan for the UPID. While considering consultants who might be most qualified to serve in the this capacity, City staff has come to the conclusion that William Hezmalhalch, Architects (WHA) is uniquely qualified to fill this role due to the following facts: • WHA has acquired an in-depth knowledge of Chula Vista General Plan (GP), the Otay Ranch General Development Plan and the City's unique SPA Planning process through their preparation of the recently approved GP and ORGDP Amendments, as well as the SPA Plans for Villages 8-West and 9. • Having planned and prepared the SPA Plan Village 9, which is immediately adjacent to the UPID, WHA has also acquired an in-depth knowledge of the UPID site and surrounding proposed developments. WHA's comprehensive familiarity with the GP and ORGDP study area, coupled with the knowledge gained through their preparation of the Village 8-West and Village 9 SPA Plans and associated baseline/technical studies, makes WHA uniquely qualified to serve as the Consultant for this project. Pursuant to Chula Vista Municipal Code Section 2.56.070, staff is recommending that the Council waive the formal bidding process and hire WHA as a sole source. Scope of Work WHA will function as the Planning Consultant to the City of Chula Vista under a two-party agreement. The responsibilities of the Planning Consultant will include preparation of the UPID SPA Plan that includes the following key elements: • Introduction • Development Concept City of Chula Vista Page 2 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 84 File#: 14-0151, Item#: 8. • Sustainability Standards and Regulations • Development Standards and Regulations • Design Guidelines • Circulation • Grading • Open Space and Trails • Development Phasing • Public Utilities &Services • Implementation and Administration • General Development Plan Compliance Contract Payment The total cost of the contract for consulting services is $183,880, with an additional 25% contingency ($46,970) for additional services to cover unforeseen issues that may arise during preparation of the SPA Plan, and if determined to be necessary solely by the Development Services Director. The contract also includes up to $25,000 in reimbursable costs for copying, travel and postage if necessary, for a total compensation maximum of$254,850. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. Staff is not independently aware, nor has staff 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. Planning and implementation of the UPID is a key initiative under the City's goals for Economic Vitality. CURRENT YEAR FISCAL IMPACT There will be no resulting impact to the General Fund. The consultant will be compensated from Department of Energy Grant Funds that were appropriated on December 11, 2012 for UPID planning purposes. ONGOING FISCAL IMPACT Approval of the two-party agreement will not result in on-going fiscal impacts to the General Fund since the consultant will be compensated with Department of Energy Grant Funds that were appropriated on December 11, 2012 for UPID planning purposes, and the contract will terminate once all required work is completed by the consultant. ATTACHMENTS 1. Two-Party Agreement between the City and WHA Consultants City of Chula Vista Page 3 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 85 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS, APPROVING A TWO-PARTY AGREEMENT BETWEEN WILLIAM HEZMALHALCH ARCHITECTS, INC. (CONSULTANT), AND THE CITY OF CHULA VISTA, FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF THE UNIVERSITY PARK & INNOVATION DISTRICT (LIPID) SECTIONAL PLANNING AREA (SPA) PLAN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula Vista has grant funds available for consulting services necessary for the preparation of the Sectional Planning Area(SPA)Plan for the University Park and Innovation District(UPID); and WHEREAS, the City is actively engaged in planning efforts towards the creation and development of the UPID; and WHEREAS, it was determined by the Development Service Director that staff does not possess the full range of expertise to perform the subject work; and WHEREAS, William Hezmalhalch Architects, Inc. (WHA) has acquired an in-depth knowledge of the Chula Vista General Plan, the Otay Ranch General Development Plan and the City's unique SPA Planning process through their preparation of the General Plan and Otay Ranch General Development Plan Amendments as well as the SPA Plans for Villages 8-West and 9; and WHEREAS,having planned and prepared the SPA Plan for Village 9,which is immediately adjacent to the UPID, WHA has also acquired an in-depth knowledge of the UPID site and surrounding proposed developments that uniquely qualifies them to serve as the Consultant for this project; and WHEREAS, the City's competitive bidding requirements if applied to this contract would also be impractical to expediency needed in order to fully utilize the Department of Energy Grant Funding available during this year; and WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 2.56.070, staff is recommending that the City Council waive the formal bidding process and hire WHA as a sole source; and WHEREAS, the consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City 2014-04-08 Agenda Packet Page 86 Resolution No. Page 2 within the timeframes herein provided all in accordance with the terms and conditions of this agreement. NOW THERERFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the City's competitive bidding requirements as applied to this contract would be impractical for the reasons stated herein, and hereby waives the competitive bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a Two-Party Agreement between the City of Chula Vista and William Hezmalhalch Architects, Inc., for consulting services related to the preparation of a Sectional Planning Area(SPA)Plan for the University Park and Innovation District(UPID). BE IT FURTHER RESOLVED that the City Manager of the City of City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Kelly G. Broughton,FASLA Glen R. Googins Development Services Director City Attorney 2014-04-08 Agenda Packet Page 87 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL City Attorney Dated: i AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND WILLIAM HEZMALHALCH ARCHITECTS, INC. FOR PROPOSED UNIVERSITY PARK & INNOVATION DISTRICT (LIPID) SECTIONAL PLANNING AREA (SPA) PLAN PLANNING SERVICES 2014-04-08 Agenda Packet Page 88 Two-Party Agreement between CITY OF CHULA VISTA and WILLIAM HEZMALHALCH ARCHITECTS,INC For Proposed UNIVERSITY PARK&INNOVATION DISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA) PLAN Planning Services This agreement (Agreement), dated 4 is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, the property which is the subject matter of this Agreement is commonly known as the University Park and Innovation District (LIPID), and is legally described in attached Exhibit B (Property); and WHEREAS, this Agreement involves planning services to be performed in connection with the preparation of the UPID Sectional Planning Area (SPA) Plan project (the "Project"); and WHEREAS, the preparation of the UPID SPA Plan is a Municipal Code/Zoning requirement for all properties zoned Planned Communities (PC) and is a necessary component of the process for the development of the UPID; and WHEREAS, it was determined by the Development Services Director that staff has neither the available time or expertise to perform the planning services described as the Project; and WHEREAS, the City is in immediate need of an experienced planning consultant that is familiar with the City's policies and procedures; and WHEREAS, William Hezmalhalch Architects (WHA or Consultant) has acquired an in- depth knowledge of the Chula Vista General Plan, Otay Ranch and Eastlake GDP, and the SPA Plan preparation process through their preparation of the Otay Ranch Village 8-West and Village 9 GPA, GDPA, and SPA Plans; and WHEREAS, Consultant's comprehensive familiarity with Chula Vista, coupled with the knowledge gained through its preparation of these previous planning documents, makes Consultant uniquely qualified to conduct the work required for this Project; and Page 1 Two PartyAoreenientBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARS&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 89 WHEREAS, Consultant was selected for the preparation of the LIPID SPA Plan based upon the fact that it is a recognized expert in a highly specialized and technical field, and familiar with the City's policies and procedures; and WHEREAS, Consultant represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Consultant to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement, and that time is of the essence. [End of Recitals.Next Page Starts Obligatory Provisions.] Page 2 Two PartyAareementBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 90 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City,terminate this Agreement. a. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations; provided, however, that Consultant will not be responsible for delays beyond its reasonable control. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for providing its services in accordance with all laws, codes, industry standards, and Page 3 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For thepreparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 91 liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, provide their respective services in accordance with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d. E&O. Professional Liability or Errors &Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Page 4 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 92 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury,personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each employee iv. Professional $1,000,000 each claim Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, Page 5 Two PartyAgreententBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 93 and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured's in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. e. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting' coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Page 6 Two Party AgreementBehveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 94 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond% then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit,"in Exhibit A,Paragraph 18. 3. Other Security: In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit Page 7 Two Party Agreement Behveen CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITY PARK&INNOVATIONDISTRICT(UPID) SECTIONAL PLANNINGAREA(SPA)PLAN 2014-04-08 Agenda Packet Page 95 (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. If applicable, Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE H. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A,Paragraph 17(C)to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have Page 8 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 96 resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified,then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has Page 9 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(UPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 97 determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. a. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A,Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any parry to this Agreement, or for any third parry that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 1. Estimatiniz Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting Page 10 Two PartyAgreen:entBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(UPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 98 from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity,and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. If Consultant provides design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or Page 11 Tivo PartyAgreententBebveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 99 persons, including wrongful death, in any manner arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of Consultant's services. Consultant's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence, active negligence or willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligations and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. TERMUTATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. Page 12 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 100 B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property provided Consultant receives payment for its related services and expenses up to either i) 30 days before the effective date of termination, or ii) the effective date of termination, as solely determined by the Director of Development Services. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees and to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibiliti es. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City. Page 13 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPAPX&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 101 ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. Ownership, Publication, Reproduction and Use of Material. Upon Consultant's receipt of payment for its related services and expenses, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents, or employees,to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obli.Rations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a parry to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third parry contract at any tier, City shall have no obligation or liability to any person or entity not a parry to this Agreement. Page 14 Two Party AgreententBehveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 102 D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing parry shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing parry" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A,Paragraph 15 is marked, the Consultant and/or is principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any parry shalt be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parries relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Page 15 Two Party Agreement Behveen CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPAPX&INNOVATIONDISTRICT(UPID) SECTIONAL PLANNINGAREA(SPA)PLAN 2014-04-08 Agenda Packet Page 103 L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. M. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page.Next page is signature page.) Page 16 Two Party Agreement Behveen CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPAPX&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-0'8 Agenda Packet Page 104 Signature Page to Two-Party Agreement between CITY OF CHULA VISTA and WILLIAM HEZMALHALCH ARCHITECTS,INC For Proposed UNIVERSITY PARK& INNOVATION DISTRICT (UPID) SECTIONAL PLANNING AREA(SPA) PLAN Planning Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: James D. Sandoval, City Manager Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney William Hezinalbpleb Architects,Inc. By: Lorr��Gagne, Senior ice-President WHA Operations By; . . . . . .�V Dinna Mize", Autho - zed Agent J:W ttomey\MichaeLSh\University\Agt\WHAS PA2PartyAgrmnt-4.2.14-FINAL.do c Page 17 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 105 Exhibit A to Two-Party Agreement between CITY OF CHULA VISTA and WILLIAM HEZMALHALCH ARCHITECTS,INC For Proposed UNIVERSITY PARK& INNOVATION DISTRICT (LIPID) SECTIONAL PLANNING AREA(SPA)PLAN Planning Services 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement; as of the effective date stated on Page 1 of the Agreement 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Other: , a[insert business form] 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: William Hezmalhalch Architects, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( )Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 2850 Redhill Avenue, Suite 200 Santa Ana, CA 92705 T (949)250-0607 ext. 8732 F (949) 250-1529 www.wharchitects.com Page 18 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 106 7. General Duties: Primary SPA preparation to include SPA Plan,Development Regulations (Form Based or PC District Regulations), Design Plan/Design Guidelines, Parks, Recreation, Open Space, and Trails Plan (as applicable). SPA preparation may also include the Preserve Edge Plan, Agriculture Plan, Air Quality Improvement Plan, and Non-Renewable Energy Conservation Plan, and includes a Sustainability Plan for the LIPID. 8. Detailed Scope of Work("Detailed Services"): The Consultant shall prepare a SPA Plan for the 375 acre UPID area. The Consultant shall consult with City staff and its consultants, as necessary, to ensure that the SPA Plan addresses those issues required by the Otay Ranch and Eastlake GDPs and the City's General Plan. The Consultant will compile the SPA document, and associated supporting documents (some to be provided as an optional service or by others as identified below) into separate volume(s)to be referred to as Appendices to the SPA Plan. A. Detailed Services to be provided are described below: Task A: Preliminary Research,Project Kick-off and Initiation: As part of the project initiation, the Consultant will review background materials, including the City's General Plan and the Otay Ranch and Eastlake GDP, as it relates to the Project. The Consultant will also review the proposed site plan as provided by the City and/or its consultants to get oriented with the site, the proposed Project, and the existing and proposed surrounding development/uses. The Consultant will attend a kick-off meeting to gather project information, determine existing conditions of the site, review the site plan, and identify the Project vision and goals. Consultant will provide a draft SPA outline to City staff for use in developing the SPA Plan and coordinating additional information needed from the City and its consultants. Task B: SPA Plan Preparation, including Sustainability Standards and Regulations: The Consultant will assume the primary responsibility for preparing the Draft SPA Plan in concert with City staff and the City's consultants. Preparation of the Draft SPA Plan will include three screen check revisions prior to preparation of the Final SPA Plan. The Draft SPA Plan will be prepared in compliance with the requirements of the Otay Ranch and Eastlake GDP,the Chula Vista Municipal Code and the City's General Plan. The Draft SPA Plan will include the following mandatory elements: Page 19 Two Party AgreementBetiveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation:of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNINGAREA(SPA)PLAN 2014-04-08 Agenda Packet Page 107 Introduction Consultant will provide an introduction describing the background of the Project, the scope and purpose of the SPA Plan, the regional and local setting, and the legal significance of the SPA plan and how it relates to the California Environmental Quality Act (CEQA), the General Plan, the Otay Ranch and Eastlake GDP, and other applicable documents. A description of the documents structure and a summary of supporting documents will also be provided by Consultant to help readers navigate through the SPA Plan. A vicinity map will be also be provided by the City. Development Concept Consultant will provide text describing the development concept including a summary of the site plan provided by the City and its planning consultants. Consultant will consult with City staff and its consultants to identify design influences, list project goals and objectives, and describe the structure of the plan. Consultant will develop a Site Utilization Plan with associated statistics based upon the Site Plan provided by the City and/or its consultants that illustrates the intensity of development and the types of uses proposed for the site. A description of the plans relationship to surrounding uses will also be provided. A surrounding uses exhibit will be included to help illustrate the project within its regional context. Sustainability Standards and Regulations Consultant will summarize best practices and models contained in existing sustainable community design and development guidelines, including: a) LEED-ND b) One Planet Communities c) Ecological Footprint d) Carbon Neutrality and Net Zero Energy Development e) Natural Step f) USEPA's guidelines for greenhouse gas emission reductions through resource- efficient materials and land use management practices. Consultant will coordinate with the City and City's separate consultant to obtain information produced by City or said consultant (under separate contract) identifying and surveying up to 5 of best design practices , technologies, and performance metrics derived from the most innovative and successful green campus development projects, both nationally and internationally. Consultant will summarize the information in its SPA Plan reports. Consultant will coordinate with the City and City's separate consultant to obtain information produced by City or said consultant (under separate contract) identifying and evaluating the cost of the above identified best practices and technologies. Consultant will also incorporate information regarding alternative financing mechanisms to support application of best practices and technologies using information obtained from the SPA Public Facilities Financing Plan (PFFP) (PFFP to be prepared by others). Page 20 Two Party AgreementBetiveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(UPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 108 Consultant will identify best practices, technologies, and design elements derived from the preceding sub-tasks and regional transpiration plans into a set of sustainable development goals and measurable objectives,policies and guidelines for the UPID SPA Plan. The following represents areas of focus that will be incorporated along with other trends and developments that may emerge in the area of sustainability: a. Efficient Infrastructure Energy, Water and Material Use b. On-Site Renewable Power Generation and Cogeneration c. Carbon Storage and Sequestration d. Urban Heat Island Reduction e. Stormwater Runoff Mitigation f. Passive Solar Building Orientation g. Water Conservation and Reuse h. Waste source reduction and recycling i. Biodiversity j. Transportation Demand Management Consultant will formulate draft guidelines containing cost-effective tactics to accomplish the sustainability objectives and to provide innovative means of maximizing and enhancing the use of existing and planned infrastructure systems supporting UPID development sites as well as adjacent development sites. Consultant will also solicit review and comment from City planning and development officials, community stakeholders, and members of the local development industry. Development Standards and Regulations Consultant will develop a series of development standards and regulations that will serve as a standard for future development within the SPA. These standards will include permitted uses, requirements for building placement and size, parking standards, and other applicable development standards as determined by City staff. Consultant will develop a District Map and other diagrams, as applicable, to accompany development standards. Design Guidelines Consultant will provide design guidelines for architecture including building placement, massing, rooflines, architectural details, and other architectural guidelines. Circulation The circulation section describes the regional and SPA circulation networks. Consultant will work with the City staff and the City's landscape architect and engineering consultants to develop street sections and a circulation master plan for inclusion in the SPA document. This section will also address bicycle, pedestrian, and transit modes of transportation in Page 21 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For thepreparadon ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 109 accordance with the City's smart growth policies. City or its consultant will provide street sections in CAD format for inclusion in the SPA document. Street sections may be illustrated by City's landscape architect. Grading The grading section will identify grading requirements and the grading concept for the Project. The City's engineering consultant will provide a grading plan and narrative summary for including in the SPA document. Consultant will summarize existing and proposed grading requirements. Open Space, Recreation, and Trails The Open Space, Recreation, and Trails section will identify the project's open space, recreation, and trails program. Consultant will prepare an Open Space, Recreation and Trails Master Plan based upon the Site Plan provided by the City or its consultant. City's landscape architect consultant will provide planting palette(s) and conceptual landscape plan(s) for inclusion in the SPA document. Development Phasing A development phasing plan will be provided_where appropriate to identify the anticipated phasing of the Project's development. Consultant will work with City and/or its engineering consultant to provide a phasing plan and summary. Public Utilities &Services The public utilities section will provide master utility plans and accompanying narratives for Sewer, Storm Drain, Domestic Water and Recycled Water as provided by the City and/or its consultants. Consultant will provide text description of provisions for solid waste, school, library, fire, police, and other services based upon generation rates provided the City or other agencies. Implementation and Administration The implementation and administration section will define certain administrative procedures and requirements and provide clear instruction to the developers and future property owners of the UPID regarding permit and plan approvals. General Development Plan Compliance The Otay Ranch and Eastlake GDP envisioned the establishment of a University Campus that would serve as a center of education, prestige and distinction for the City of Chula Vista and southern San Diego County region, and promote economic development. In addition, the Innovation District would accommodate high technology businesses conducting research Page 22 Two Party Agreement Between CITY OF CHULA VISTA and WILLMMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 110 activities that will provide quality job opportunities for residents of Otay Ranch, Chula Vista, and the southern San Diego region. A Strategic Framework of planning policies has been provided in the GDP in order to provide for an organized planning relationship between the university and the surrounding villages so that they will fit seamlessly together once they are developed. The Strategic Framework policies provide guidance and direction for the future SPA Planning of all of these individual planning areas. These GDP policies recognize the multiple interdependencies associated with the planning for an orderly and cohesive development and shall be applied to the review and approval process for each of these individual planning areas and their SPA Plans. Compliance with the Strategic Framework policies shall be included as part of the GDP Compliance Chapter for all forthcoming SPA Plans for planning areas that are located within the Strategic Framework planning area. Conformance to these policies shall be outlined as findings in the GDP Compliance Chapter of the UPID SPA Plan. As applicable, compliance with the strategic framework policies shall also be provided as an item on the design review checklist. The SPA should provide general concept illustrations or schematic designs as to how proposed developments will satisfy the requirements of the Strategic Framework policies as may be directed by City staff. Task C: SPA Plan Additional Supporting Document Appendices: In accordance with the Otay Ranch and Eastlake GDP documents and the Chula Vista Municipal Code (CVMC) requirements for lands zoned for Planned Communities (PC), the following additional documents will also be provided as part of completing the SPA Plan document and will be provided by either the Consultant or others as noted below: 1. Public Facilities Finance Plan—Appendix A(by City and others) 2. Air Quality Improvement Plan—Appendix B (by Consultant"WHA") 3. Non-Renewable Energy Conservation Plan—Appendix C 4. Preserve Edge Plan—Appendix D (by Consultant"WHA") 5. Agriculture Plan—Appendix E (by Consultant"WHA") 6. Fire Protection Plan—Appendix F(by City and others) 7. Water Conservation Plan—Appendix G(by City and others) 8. Affordable Housing Program—Appendix H(by City and others) 9. Tentative Map—Appendix I(by City and others) Page 23 Two Party Agreement Between CITY OF CHULA VISTA and WILLMMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNINGAREA(SPA)PLAN 2014-04-08 Agenda Packet Page 111 10. Community Purpose Facility Master Plan — Appendix J (incorporated into SPA by (by Consultant"WHA") 11. Park, Recreation, Open Space and Trails Master Plan — Appendix K (incorporated into SPA by (by Consultant"WHA") B. Date for Commencement of Consultant Services: (X)Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Project Kick-off, Signing of Contract by All Parties and Upon Consultant Request(Task A) Due date: Date of the Agreement Deliverable No. 2: Sectional Planning Area(SPA)Plan Outline (portion of Task B) Due date: 1 week after Date of Agreement Deliverable No. 3: Provide Site Utilization,Vision Statement, and Guiding Principles (portion of Task B) Due date: 3 weeks after Date of Agreement Deliverable No. 4: Submit 1st Sectional Planning Areas (SPA)Plan Screen Check (portion of Task B) Due date: 7 weeks after Date of Agreement Deliverable No. 5: Submit 1st Agriculture,Preserve Edge, and Non-Renewable Energy Resource Conservations Plan Appendices Screen Check (portion of Task C) Due date: 10 weeks after Date of Agreement Deliverable No. 6: Submit 1st Sustainability SPA Plan Element(LIPID Model) and Air Quality Improvement Plan(AQIP)Appendix Screen Check (portion of Task B) Due date: 13 weeks after Date of Agreement,provided draft EIR is available at that time. Page 24 Two Party AgreententBehveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 112 Deliverable No. 7: Submit 2nd Sectional Planning Areas(SPA)Plan Screen Check Due date: Maximum of 3 weeks after Consultant receives comments from City on 1St SPA Submittal Deliverable No. 8: Submit 2nd Agriculture,Preserve Edge, and Non-Renewable Energy Resource Conservations Plan Appendices Screen Check (portion of Task C) Due date: Maximum of 3 weeks after Consultant receives comments from City on 1St submittal of these documents Deliverable No. 9: Submit 2nd Sustainability SPA Plan Element(LIPID Model) and Air Quality Improvement Plan(AQIP)Appendix Screen Check (portions of Tasks B and C) Due date: Maximum of 3 weeks after Consultant receives comments from City on 1St submittal of the Sustainability SPA Plan Element and AQIP. Deliverable No. 10: Submit 3rd Sectional Planning Areas (SPA)Plan Screen Check (portion of Task B) Due date: Maximum of 2 weeks after Consultant receives comments from City on 2nd submittal of SPA Plan. Deliverable No. 11: Submit 3rd Agriculture, Preserve Edge, and Non-Renewable Energy Resource Conservations Plan Appendices Screen Check (portion of Task C) Due date: Maximum of 2 weeks after Consultant receives comments from City on 2nd submittal of these documents. Deliverable No. 12: Submit 3rd Sustainability SPA Plan Element(LIPID Model) and Air Quality Improvement Plan(AQIP) Appendix Screen Check (portions of Tasks B and C) Due date: Maximum of 2 weeks after Consultant receives comments from City on 1St submittal of the Sustainability SPA Plan Element and AQIP. Deliverable No. 13: Submit Final Approved SPA Plan, including the Sustainability SPA Plan Element(LIPID Model), Agriculture,Preserve Edge, Non-Renewable Energy Resource Conservations Plan, and Air Quality Improvement Plan(AQIP) Appendices (Tasks B and C) Page 25 Two Party AgreementBehveen CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPARK&INNOVATIONDISTBICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 113 Due date: Maximum of 2 weeks after Consultant receives comments on.3rd submittal of Sustainability SPA Plan Element and AQIP or 3rd submittal of SPA Plan, whichever is later. D. Date for completion of all Consultant services: Total number of weeks to complete delivery of deliverables, estimated at 27 weeks prior to entitlement approvals. 9. Materials Required to be Supplied by City to Consultant: N/A 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not Page 26 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 114 commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: N/A Deliverable No. and Description of the Milestone or Event Amount % 1 Project Kick-off, Signing of Contract by All Parties and Upon $11,222.50 6.0% Consultant Request Task A 2. Sectional Planning Areas (SPA)Plan Outline (portion of Task $8,392.50 4.0% B) 3. Provide Site Utilization, Vision Statement, and Guiding $5,250.00 3.0% Principles (portion of Task B) 4. Submit 1st Sectional Planning Areas (SPA)Plan Screen $15,750.00 9.0% Check portion of Task B 5 Submit 1st Agriculture,Preserve Edge, and Non-Renewable $16,072.50 9.0% Energy Resource Conservations Plan Appendices Screen Check portion of Task C 6. Submit 1st Sustainability SPA Plan Element(UPID Model) $36,592.50 20.0% and Air Quality Improvement Plan (AQIP)Appendix Screen Check portions of Tasks B and C 7. Submit 2nd Sectional Planning Areas (SPA)Plan Screen $13,125.00 7.0% Check(portion of Task B) 8. Submit 2nd Agriculture, Preserve Edge, and Non-Renewable $9,607.50 5.0% Energy Resource Conservations Plan Appendices Screen Check(portion of Task C) 9. Submit 2nd Sustainability SPA Plan Element(LIPID Model) $19,867.50 11.0% and Air Quality Improvement Plan(AQ]P)Appendix Screen Check (portions of Tasks B and C) 10. Submit 3rd Sectional Planning Areas (SPA)Plan Screen $10,500.00 6.0% Check (portion of Task B) 11. Submit 3rd Agriculture, Preserve Edge, and Non-Renewable $9,607.50 5.0% Energy Resource Conservations Plan Appendices Screen Check(portion of Task C) 12. Submit 3rd Sustainability SPA Plan Element(LIPID Model) $19,867.50 11.0% and Air Quality Improvement Plan(AQIP)Appendix Screen Check(portions of Tasks B and C) 13. Submit Final Approved SPA Plan, including the $3,705.00 2.0% Sustainability SPA Plan Element UPID Model), Agriculture, Page 27 Two PartyAgreententBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 115 Preserve Edge,Non-Renewable Energy Resource Conservations Plan, and Air Quality Improvement Plan AQIP Appendices Task B and C 14. Planning Commission Hearing $2,160.00 1.0% 15. City Council Hearing $2,160.00 1.0% Consultant Services Total: $183,880 100% 25%Contingency Fee for tasks as determined at the sole $45,970 discretion of the City's Development Services Director: Maximum Reimbursables Estimate: $25,000 Maximum Services,Fees and Reimbursables: $254,850 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from,the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other"reimbursables" (Maximum Compensation). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement Page 28 Two Party Agreement Between CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For tit a preparation of the UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 116 At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. ( )Hourly rates may increase by 6% for services rendered after [month], 20----, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None,the compensation includes all costs. Cost or Rate ( ) Reports,not to exceed $ $ (X) Copies, not to exceed$21,000: $21,000 (X) Travel,not to exceed$2,000: $2,000 ( ) Printing,not to exceed$ $ (X) Postage,not to exceed $2,000: $2,000 ( ) Delivery, not to exceed$ $ ( ) Outside Services: $ ( ) Other Actual Identifiable Direct Costs: $ not to exceed$ $ Total Reimbursable Expenses: $25,000 12. Contract Administrators: City: Scott Donaghe, Principal Planner,LIPID Project Manager Consultant: Lorrie Gagne, WHA Senior Vice-President, Operations 13. Liquidated Damages Rate: O $ per day. O Other: N/A 14. Statement of Economic Interests, Consultant Reporting Categories,per Conflict of Interest Code(Chula Vista Municipal Code chapter 2.02): (X)Not Applicable. Not an FPPC Filer. Page 29 Two Party AgreententBetween CITY OF CHULA VISTA and WILLIAM HEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 117 ( ) FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. (X)List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Consultant for Otay Land Company, LLC Villages 8-West and Village 9 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly O Quarterly (X)Other: Per Milestone Deliverables in Table in Section 10. B. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month Page 30 Two PartyAgreenzentBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation of the UNIVERSITYPAM&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 118 (X)Other: Per Milestone Deliverables in Table in Section 10. B. C. City's Account Number: 27291-6401 18. Security for Performance O Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X)Retention. If this space is checked,then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner,the City shall be entitled to retain, at.their option, either the following"Retention Percentage"or"Retention Amount"until the City determines that the Retention Release Event, listed below,has occurred: (X)Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services O Other: Page 31 Two PartyAgreenrentBetween CITY OF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For the preparation ofthe UNIVERSITYPARIC&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 119 Exhibit B: University Park and Innovation District(LIPID) Boundary Map UIXIW1 ..ssCC\t�s ti 1 i tt 4 i ,4�... OTAY RANCH _,:,,..,.._.,..,,.,.- •-' I � VILLAGE 9 r' OTAYRANCH :...-,-;,,,,.,, ^•••..-'----• yk,y� n to S .. AN, d University Park.and Innovation District EXHIBIT B Page 32 Two Party Agreement Behveen CITYOF CHULA VISTA and WILLIAMHEZMALHALCHARCHITECTS,INC For thepreparation oftke UNIVERSITYPARK&INNOVATIONDISTRICT(LIPID) SECTIONAL PLANNING AREA(SPA)PLAN 2014-04-08 Agenda Packet Page 120 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0154, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE ORDER TO SAN DIEGO POLICE EQUIPMENT COMPANY IN THE AMOUNT OF $87,168 FOR ARMOR EXPRESS RAZOR BODY ARMOR IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF CHULA VISTA BID B03-13/14 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department has approximately 140 bulletproof vest replacements scheduled in the current fiscal year. Because of the projected contract amount and high volume of equipment being purchased, a Request for Bid was posted seeking favorable pricing terms for the City of Chula Vista. Based on the results of the Request for Bid, the Department recommends awarding a purchase order to San Diego Police Equipment Company for Armor Express Razor body armor. 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 In anticipation of approximately 140 bulletproof vest replacements scheduled in the current fiscal year, the Police Department coordinated with the Purchasing Division to post City of Chula Vista Bid # B03-13/14 on Planet Bids on February 18, 2014. Twelve prospective vendors downloaded the bid and five vendors submitted bids. The following vendors submitted bids for the Armor Express Razor Level II Body Armor, which complies with the NIJ Ballistic Resistance Standard 0101 .06. Vendor Quantity Unit Price Extended Shipping Sales Tax Total Meets ost Amount Spec's? Ace 140 $606.50 84,910.00 included $6,792.80 $91,702.80 Yes Uniforms City of Chula Vista Page 1 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 121 File#: 14-0154, Item#: 9. Body 140 $657.74 $92,083.60 ncluded $7,366.69 $99,450.29 Yes Armor Outlet, LLC Galls, LLC 140 $643.20 $90,048.00 ncluded $7,203.84 $97,251.84 Yes San Diego 140 $571.88 $80,063.20 $700.00 $6,405.06 $87,168.26 Yes Police Equipment Co., Inc. Survival 140 $508.00 $71,120.00 included $5,689.60 $76,809.60 No Armor, Inc. San Diego Police Equipment Company was selected because the vendor provided the lowest bid for the vest model specified. Survival Armor submitted a lower bid amount, but is being considered as "non-responsive" because their bid was not for Armor Express Razor body armor as specified in the Request for Bid. To receive comparable bids, no substitute vest models were being considered. The Police Department is requesting to award a purchase order to San Diego Police Equipment Company for the purchase of 140 Armor Express Razor Body Armor as a result of their submittal to City of Chula Vista Bid # B03-13/14. The bid request includes an option to purchase additional vests at the same bid price through December 31 , 2014. 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, nor has staff 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. The bid award for bulletproof vests supports the goal of Strong and Secure Neighborhoods by equipping law enforcement personnel with necessary resources to provide a safe community. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in awarding a purchase order to San Diego Police Equipment Company in the amount of$87,168 for Armor Express Razor body armor. The cost of the bulletproof vests is already included in the Police Department budget, resulting in no net additional fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS City of Chula Vista Page 2 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 122 File#: 14-0154, Item#: 9. 1. Copy of Request for Bid B03-13/14 City of Chula Vista Page 3 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 123 RFB B03-13/14 tM cnv of CHULA VISTA Page 1 REQUEST FOR BID (RFB B03-13/14) Notice is hereby given that bids will be received until Monday,March 10,2014,3:30 p.m. Standard Pacific Time,at which time there will be a public bid opening in the Finance Department,276 Fourth Ave,Building A Conference N144,Chula Vista,CA 91910. Bid is to furnish the City of Chula Vista Police Department with: 140 ea.Armor Express Razor Level II Body Armor Prospective respondents are hereby referred to the bid instructions,general provisions,specifications, and terms and conditions contained in this request for bid. All bids must be submitted to Suzi Brooks,Sr.Procurement Specialist,Purchasing Division in a sealed envelope plainly marked with the bid name, number, due date and time. BIDS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE CONSIDERED. CITY OF CHULA VISTA PURCHASING DIVISION 276 FOURTH AVENUE BLDG A CHULA VISTA,CA 91910 ATTENTION: SUZI BROOKS sbrooks(a�ci.chula-vista.ca.0 s Telephone number: 619-585-5629 Fax number: 619-691-5149 For questions related to the proposal,please email Suzi Brooks.Do not contact any City employees other than Suzi Brooks with questions related to this RFB. All questions related to the bid must be received by February 27,2014 at 5:30 pm. Responses will be posted in the form of an addendum to the Bid through Planet Bids. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS RECEIVED, ANY PORTION OF ANY PROPOSAL, AND TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN PROPOSALS OR THE RFP PROCESS. Suzanne Brooks Sr. Procurement Specialist Date: 2/18/2014 2014-04-08 Agenda Packet Page 124 RFB B03-13/14 tM cmr of CHUTA VISTA Page 2 The City of Chula Vista(City)is requesting BIDS from qualified vendors to provide 140 ea.Armor Express Razor Level II Body Armor as specified. Estimated Bid & Product Delivery Timeline Questions to be submitted by Thursday February 27, 2014 at 5:30 pm PST Bid Deadline: Monday,March 10, 2014 3:30 pm PST Estimated date purchase order will be issued: April 10, 2014 Estimated date product need to be received by May 31, 2014. General Information The Police Department is in need of approximately 140 bulletproof vests by May 31, 2014. The Armor Express Razor body armor complies with the NIJ Ballistic Resistance Standard 0101.06. Product specifications Body Armor Description: Armor Express Razor Threat Level: II Model Designation: RZR-B-11 Gender:Neutral Opening: Side Opening Warranty: 5 years Additional requirements Awarded Vendor must be able to go to the Chula Vista Police Facility(located at 315 Fourth Avenue,Chula Vista,CA 91910)multiple days(approximately 3-5 days)for employee fitting of the body armor. Bid must include the following information: 1. Description of deliverable product: Armor Express Razor Level II(NIJ Standard 0101.06)Ballistic Panels,with(1)Revolution Concealable Vest Carrier and(1)5x8 soft trauma plate. 2. Cost breakdown • Unit cost • Total shipping charge if applicable, for all product requested • Any additional charges • Extended cost • FOB Destination(City will add tax of 8%to any order placed.) 3. Supplemental Information Provide unit cost of optional items relating to the body armor, such as an additional vest carrier or an external vest carrier. 2014-04-08 Agenda Packet Page 125 RFB B03-13/14 tM cnv of CHUTA VISTA Page 3 Insurance 1. Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to the Entity. The cost of such insurance shall be borne by the Vendor. MINIMUM SCOPE AND LIMIT OF INSURANCE 2. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01)and include products coverage. Minimum Limits oflnsurance 3. Vendor shall maintain limits no less than$1,000,000 per occurrence for bodily injury and property damage,and an aggregate limit of$2,000,000. 4. If the Vendor maintains higher limits than the minimums shown above,the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Deductibles and Self-Insured Retentions 5. Any deductibles or self-insured retentions must be declared to and approved by the Entity.At the option of the Entity, either: the Vendor shall obtain coverage to reduce or eliminate such deductibles or self-insured retentions as respects the Entity,its officers,officials,employees,and volunteers;or the Vendor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations,claim administration,and defense expenses. Other Insurance Provisions 6. 1.The policy or policies are to contain,or be endorsed to contain,the following provisions: The Entity,its officers,officials,employees,and volunteers are to be covered as additional insureds as respects products of the Vendor. 2.The Vendor's insurance coverage shall be primary insurance as respects the Entity,its officers,officials,employees and volunteers.Any insurance or self-insurance maintained by the Entity,its officers,officials,employees or volunteers, shall be excess of the Vendor's insurance and shall not contribute with it. 3.Each insurance policy required by this clause shall state that coverage shall not be canceled,except after thirty(30) days prior written notice has been provided to the Entity. Acceptability of Insurers 7. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A:VII,unless otherwise acceptable to the Entity. Verification of Coverage Vendor shall furnish the Entity with original certificates and amendatory endorsements or copies ofthe applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the Entity before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications,at any time. 2014-04-08 Agenda Packet Page 126 RFB B03-13/14 tM cnv of CHUTA VISTA Page 4 Waiver of Subrogation 8. Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation,but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer Special Risks or Circumstances Entity reserves the right to modify these requirements at any time,including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. SUBMISSION OF BID Two unbound copies of the bid to be submitted to Suzi Brooks,Senior Procurement Specialist,by 3:30 pm on March 10,2014,in a sealed envelope plainly marked with the bid name,number, due date and time. BIDS RECEIVED AFTER THE DUE DATE AND TIME WILL NOT BE CONSIDERED The mailing address is: Suzi Brooks, Sr. Procurement Specialist City of Chula Vista Purchasing Division 276 Fourth Ave, Building "A" Chula Vista,CA 91910 NO emailed or faxed copies of the bid will be accepted. Questions Any questions you may have pertaining to this Request for Bid should be addressed with Suzi Brooks via email. sbrooks&ci.chula-vista.ca.us All questions to be submitted by Thursday February 27,2014 at 5:30 pm PST. 2014-04-08 Agenda Packet Page 127 RFB B03-13/14 tM cnv of CHUTA VISTA Page 5 Bid Evaluation Bids will be analyzed and award will be made to the lowest,responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City,price and other factors considered. Factors to be considered may include,but are not limited to:bidder's past performance,total unit cost,economic cost analysis, life cycle costs,warranty and quality,maintenance cost,durability,the operational requirements ofthe City and any other factors which will result in the optimum economic benefit to the City. General Information The City reserves the right to accept or reject any or all bids received as a result of this request, to negotiate with qualified sources,or to cancel in part,or in its entirety,this request for bid,if it is in the best interest of the City to do so. This is a Request for Bid(RFB). This RFB does not commit the City to pay any costs incurred for the preparation of the submission of a bid, or to contract for supplies or services. For a bid to be considered responsive, all requested information must be submitted. Public Disclosure All bids submitted in response to this RFB become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act(California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. If applicable a cover letter should be sent with the bid that contains a paragraph that stating the Vendor believes that its bid contains information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not the Vendor considers such information to be confidential. In the absence of a declaration,the City may be obligated to disclose the bid to any party that requests it. Regardless of assertions of confidentiality,proposal contents may still be disclosed if City,or a court with jurisdiction,determines that such proposal is a public record requiring disclosure. 2014-04-08 Agenda Packet Page 128 RFB B03-13/14 tM cnv of CHUTA VISTA Page 6 PROPOSAL & OFFER TO CONTRACT The respondent,herein sometimes called consultant,contractor,vendor,or supplier submits a proposal/bid and offers to enter into a contract with the City of Chula Vista,herein called City,this March 10,2014 as follows: This Proposal&Offer to Contract,subject to the specifications,terms and conditions,and General Provisions herein,when duly accepted by the City shall constitute a contract between the parties. In consideration of the payments to be provided by the City,and in accordance with the conditions expressed in the bid forms and specifications attached, and by this reference incorporated herein, Vendor agrees to furnish: Armor Express Razor Level H Body Armor COMPANY NAME ADDRESS CITY STATE ZIP EMAIL ADDRESS TELEPHONE FAX EMAIL: PRINT NAME TITLE SIGNATURE DATE Bidders shall submit two(2)copies of their bid. Bids must be returned no later than 3:30 pm Pacific Standard Time on Monday,March 10,2014. Late proposals will not be considered. 2014-04-08 Agenda Packet Page 129 RFB B03-13/14 tM cnv of CHUTA VISTA Page 7 BID FORM THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS,AND GENERAL PROVISIONS HEREIN,TO FURNISH THE CITY OF CHULA VISTA THE FOLLOWING: Qty Description Unit Cost Extension 140 EA Body Armor Express Razor II Model RZR-B-II $ $ In accordance with the specifications stated in bid Warranty or Guarantee provided Breakdown of all charges that are included in the unit cost for vest: Provide total shipping charge if applicable, for 140 ea. vests. $ Provide cost of optional items relating the body armor. (Example: additional vest carrier or external vest carrier.) Attach an extra sheet if necessary. Should the City require additional Body Armor Model RZR-B-II through December 31,2014,will the City be able to purchase additional units at this same bid price? Yes No If the price is not valid through 12/31/14, how long is it valid? 2014-04-08 Agenda Packet Page 130 RFB B03-13/14 tM cnv of CHUTA VISTA Page 8 BID FORM (continued) Payment Terms Terms: % Days Prompt payment discounts offered for less than fifteen(15)days will not be considered in evaluating bids for award. However,discounts offered of less than fifteen(15)days will be taken if payment is made by the City within the discount period. In the absence of terms,payment shall be Net Thirty(30)Days. Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority)may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful bidder. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes No Business License Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person,within the corporate limits of the City,to transact,engage in, or carry on any business, show, exhibition or game hereinafter specified without first havingprocured a license. Please return pages: Page 6)PROPOSAL&OFFER TO CONTRACT Pages 7-8)BID FORM Any additional information related to your bid may be sent with these pages. 2014-04-08 Agenda Packet Page 131 RFB B03-13/14 tM cnv of CHUTA VISTA Page 9 GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Bid and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications,and all provisions relating to the item(s)to be furnished or the work to be done;understands the meaning,intent,and requirements;and B. Bidder will enter into a written contract and furnish the item(s)or complete the work in the time specified,and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is deemed as any individual, partnership, or corporation submitting a bid,proposal, or quotation in response to a request for bid,request for proposal,or request for quotation. A bidder may also be referred to as consultant,contractor,supplier,or vendor. 1. Prices All prices and notations must be in ink or typewritten. Mistakes maybe crossed out and corrections typed or written with ink adjacent to the error;the person signing the bid must initial corrections in ink. Bids shall indicate the unit price extended to indicate the total price for each item bid. Any difference between the unit price correctly extended and the total price shown for all items bid shall be resolved in favor of the unit prices, except when the bidder clearly indicates that the total price for all items bid is based on consideration of being awarded the entire lot and that an adjustment of the total price is being made in consideration of receiving the entire bid. 2. Bidder's Security A bid deposit in an amount equal to at least 10%of the bid may be required as a bid security by the City. The bid security may only be in cash, a cashier's check, a certified check made payable to the City of Chula Vista, or a bidder's bond. If the bid security is a bond,it shall be executed by a surety insurer authorized to issue surety bonds in the State of California. The bid security must be executed by the bidder and enclosed with the bid proposal in the sealed bid envelope. 3. Items Offered If the item offered has a trade name,brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof,bidder must specify maker,brand,quality,catalog number,or other trade designation. Unless such is noted on the bid form,it will be deemed that the item offered is that designated even though the bid may state or equal. 4. Brand Names Whenever reference to a specific brand name is made, it is intended to describe a component that has been determined to best meet operational,performance,or reliability standards of the City,thereby incorporating these standards by reference within the specifications. An equivalent(or equal)may be offered by the bidder,subject to evaluation and acceptance by the City. It is the bidder's responsibility to provide,at bidder's expense,samples,test data, or other documentation the City may require fully evaluating and determining acceptability of an offered substitute. The City reserves the sole right to reject a substituted component that will not meet or exceed City standards. 5. Samples 2014-04-08 Agenda Packet Page 132 RFB B03-13/14 tM cnv of CHUTA VISTA Page 10 Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight(48)hours upon request and at no additional cost to the City. 6. Verify Quotations Prices shall be verified prior to bid submittal,as withdrawal or correction may not be permitted after the bid has been opened. 7. Firm Prices Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation,the maximum limit shall be shown,or the bid shall not be considered. In the event of a decline in market price below a price bid,the City of Chula Vista shall receive the benefit of such decline. 8. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder,or authorized representative,prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 9. Late Bids,Modifications,or Withdrawals (a) Bids,modifications of bids,or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. (b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. 10. Mistake in Bid (a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid,bidder may correct the mistake by modifying or withdrawing the bid in accordance with Items 8 and 9 above. (b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract,the apparent low and best bidder discovers a mistake in bid of a serious and significant nature which is unfavorable to bidder,bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. (c) A mistake in bid cannot be considered once a purchase order or contract is issued. 11. Signature All bids shall be signed and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer,employee or agent with his or her title. 12. No Bids If no bid is to be submitted,the bid should be marked No Bid and returned to maintain the bidder's name in the vendor file for future solicitations. A letter or postcard may be submitted. If a bidder fails to respond to a reasonable number of bids without returning a No Bid,the Purchasing Agent reserves the right to delete the bidder from the vendor file for future solicitations. 13. Alternative Proposals To be responsive to the bid,bidder must submit a proposal that meets all specific bid requirements. Once bidder has 2014-04-08 Agenda Packet Page 133 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 11 proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City's requirements and that may offer additional advantages,benefits,or cost savings. The City reserves the right to evaluate,and accept or reject,such alternatives as though they were part of the original specifications without advertising for further bids,when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 14. Confidential Information Any information deemed confidential or proprietary should be clearly identified by the bidder as such. It may then be protected and treated with confidentiality only to the extent permitted by state law. Otherwise the information shall be considered a public record. Information or data submitted with a bid will not be returned. 15. Quality Unless otherwise required in the specifications,all goods furnished shall be new and unused. 16. Litigation Warranty The bidder,by bidding,warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder's performance concerning the same or similar material or service to be supplied pursuant to this contract of specification,and that no judgments or awards have been made against bidder on the basis of bidder's performance in supplying or installing the same or similar material or service,unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder,notwithstanding the litigation or arbitration. 17. Royalties,Licenses and Patents Unless otherwise specified,the bidder shall pay all royalties,license and patent fees. The bidder warrants that the materials to be supplied do not infringe any patent,trademark or copyright and further agrees to defend any and all suits, actions and claims for infringement that are brought against the City, and to defend, indemnify and hold harmless the City from all loss or damages,whether general, exemplary or punitive, as a result of any actual or claimed infringement asserted against the City,the bidder or those furnishing material to bidder pursuant to this contract. 18. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 19. Warranties (a) All material,labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve(12)months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception (b) Bidder shall be considered primarily responsible to the City for all warranty service,parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an 2014-04-08 Agenda Packet Page 134 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 12 agent,broker,fabricator or manufacturer's dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services,parts and labor are available and provided to meet City's schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 20. Addenda The effect of all addenda to the bid documents shall be considered in the bid,and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid,each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 21. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 22. Taxes The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State,City and County Sales Taxes. Do not include this tax in the amount bid. However,tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 23. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee's immediate family,may participate directly or indirectly in the procurement process pertaining to this bid if they: (a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence,judgment or action in the performance of their official duties. (b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest.In the event such a conflict occurs,the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty,the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 24. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment,gifts,or otherwise are offered or given by the bidder,or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 25. Faithful Performance Bond Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista,an endorsed Certificate of Deposit,or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent(100%)of the 2014-04-08 Agenda Packet Page 135 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 13 amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 26. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit(CSL),unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty(30)days notice of cancellation shall be indicated. Worker's Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 27. Indemnification Bidder shall defend,indemnify,protect and hold harmless the City,its elected and appointed officers,employees, and agents,from and against all claims for damages,liability,and expenses(including attorney's fees)arising out of this agreement and/or bidder's performance hereunder,except as to such damages,liability,and expenses due to the sole negligence or willful acts of the City,its officers,employees or agents. 28. Award of Contract (a) Bids will be analyzed and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City,price and other factors considered. Factors to be considered may include,but are not limited to:bidder's past performance, total unit cost,economic cost analysis,life cycle costs,warranty and quality,maintenance cost,durability,the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. (b) The City reserves the right to reject any item or items,to waive informalities, technical defects and minor irregularities in bids received;and to select the bid(s)deemed most advantageous to the City. The City will, however,consider bids submitted on an"all or nothing"basis if the bid is clearly designated as such. (c) The City reserves the right to award one or more contracts on the bids submitted,either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require,unless the bidder clearly specifies otherwise in his bid. (d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation,and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City,including such administrative cost. (e) Upon acceptance by the City of Chula Vista,the solicitation,bid,proposal,or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions,conditions,specifications,and provisions in the complete contract,as defined by this clause 28 or any related integrated agreement. 29. Bid Results To obtain bid results,either(1)attend bid opening or(2)provide a self-addressed,stamped envelope referencing bid number, and bid tabulation will be mailed to you upon verification of extensions or (3) visit the Purchasing Department no sooner than three (3) working days after bid opening to review bid tabulation. Due to time 2014-04-08 Agenda Packet Page 136 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 14 constraints,bid results cannot be given out over the phone. 30. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten(10)calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 31. Documentation Due to the time constraints that affect contract performance,all required documents,certificates of insurance and bonds shall be provided to the City within ten(10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected,and at City's option the bid bond may be attached for damages suffered. 32. Discounts (a) Prompt payment discounts offered for payment within less than fifteen(15)calendar days will not be considered in evaluating bids for award. However,offered discounts of less than 15 days will be taken if payment is made within the discount period,even though not considered in the evaluation of bids. (b) In connection with any discount offered,time will be computed from date of delivery and acceptance,or invoice receipt,whichever is later. Payment is deemed to be made for the purpose of earning the discount on the date of mailing of the City check. (c) Any discount offered other than for prompt payment should be included in the net price quoted and not included in separate terms. In the event this is not done,the City reserves the right to accept the discount offered and adjust prices accordingly on the Purchase Order. 33. Seller's Invoice Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information:Purchase Order number,item number,description of supplies or services,sizes,unit of measure,quantity,unit price and extended totals. 34. Inspection and Acceptance Inspection and acceptance will be at destination unless specified otherwise,and will be made by the City department shown in the shipping address or other duly authorized representative of the City. Until delivery and acceptance,and after any rejection,risk of loss will be on the bidder unless loss results from negligence of the City. 35. Lost and Damaged Shipments Risk of loss or damage to items prior to the time of their receipt and acceptance by the City is upon the bidder. The City has no obligation to accept damaged shipments and reserves the right to return at the bidder's expense damaged merchandise even though the damage was not apparent or discovered until after receipt of the items. 36. Late Shipments Bidder is responsible to notify the City department receiving the items and the Purchasing Agent of any late or delayed shipments. The City reserves the right to cancel all or any part of an order if the shipment is not made as promised. 2014-04-08 Agenda Packet Page 137 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 15 37. Document Ownership (a) All technical documents and records originated or prepared pursuant to this contract,including papers,reports, charts,and computer programs,shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement. (b) All inventions,discoveries,enhancements,changes,or improvements of computer programs developed pursuant to this contract shall be the property of the City,and all patents or copyrights shall be assigned to City,unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder's copyright or any license granted to City. 38. Advertisements,Product Endorsements City employees and agencies or organizations funded by the City of Chula Vista are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent's prior written approval. 39. City Provisions to Prevail Except as indicated in the specifications,the City's standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder's bid as non-responsive, to consider the bid without bidder's standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder(contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions,they too shall be considered void and City may require deletion as a further condition of performance by vendor. To the extent not otherwise provided for by the contract documents,the California Commercial Code shall apply. 40. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable,the remaining provisions shall remain in effect and be enforceable. 41. Amendments and Modifications The Purchasing Agent may at any time,by written order,and without notice to the sureties,make a modification to the contract or an amendment to the Purchase Order,within the general scope of this contract,in(1)quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City;(3)method of shipment or packing;and(4)place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 42. Assignment Vendor shall not assign or delegate duties or responsibilities under this agreement,in whole or in part,without prior written approval of the City. 43. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this 2014-04-08 Agenda Packet Page 138 RFB B03-13/14 �re X444 ClY OF CHULA VISTA Page 16 contract which is not disposed of by agreement shall be decided by the Purchasing Agent,who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and conclusive,unless bidder requests mediation within ten(10)calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent's decision. 44. Mediation Should an unresolved dispute arise out of this agreement,any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties;in the absence of an agreement,the parties shall each submit one name from mediators listed by either the American Arbitration Association,the California State Board of Mediation and Conciliation,or other agreed-upon service. The mediator shall be selected by a Blindfold@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party.No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process,once commenced by a meeting with the mediator,shall last until agreement is reached by the parties but not more than sixty(60)days,unless the maximum time is extended by both parties. 45. Lawful Performance Vendor shall abide by all Federal,State and Local Laws,Ordinances,Regulations,and Statutes as may be related to the performance of duties under this agreement. In addition,all applicable permits and licenses required shall be obtained by the vendor,at vendor's sole expense. 46. Business License Chula Vista Municipal Code Section 5.02.020 requires all vendors doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person,or for any person as agent,clerk or employee,either for himself or for any other person,within the corporate limits of the City, to transact, engage in,or carry on any business,show, exhibition or game hereinafter specified without first having procured a license. 47. Annual Appropriation of Funds Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term,and if no funds are legally available from other sources,the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However,failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 48. Extension 2014-04-08 Agenda Packet Page 139 RFB B03-13/14 �re X444 CnY OF CHULA VISTA Page 17 When in the City's best interest,this agreement may be extended on a daily,month-to-month,or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing,terms,and conditions,as described herein. 49. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: (a) Conviction understate or federal statutes of embezzlement,theft,forgery,bribery,falsification or destruction of records,receiving stolen property,or other offense indicating a lack of business integrity or business honesty which directly affects responsibility as a City bidder. (b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action,including: (1) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract;or (2) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; (3) Two or more claims of computational error in bid submission within a two year period. (c) Debarment by another governmental entity. (d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: (1) Collusion in bidding. (2) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. (3) Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 50. Termination The City may terminate this agreement and be relieved of any consideration to the vendor should vendor fail to perform in the manner required. Furthermore,the City may terminate this agreement for any reason without penalty upon giving thirty(30)days written notice to the vendor. In the event of termination,the full extent of City liability shall be limited to an equitable adjustment and payment for materials and/or services authorized by and received to the satisfaction of the City prior to termination. 51. Venue This agreement shall be governed by and interpreted according to the laws of the State of California,and venue for any proceeding shall be in the County of San Diego. (REV 1/14) 2014-04-08 Agenda Packet Page 140 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE ORDER TO SAN DIEGO POLICE EQUIPMENT COMPANY IN THE AMOUNT OF $87,168 FOR ARMOR EXPRESS RAZOR BODY ARMOR IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF CHULA VISTA BID B03-13/14 WHEREAS, the Police Department has 140 bulletproof vest replacements scheduled in the current fiscal year; and WHEREAS, the Police Department coordinated with the Purchasing Division to post City of Chula Vista Bid# B03-13/14 on Planet Bids on February 18, 2014; and WHEREAS, twelve prospective vendors downloaded the bid and five vendors submitted bids; and WHEREAS, San Diego Police Equipment Company was selected because the vendor provided the lowest bid for the vest model specified; and WHEREAS, the bid request includes an option to purchase additional vests at the same bid price through December 31, 2014. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby award a purchase order to San Diego Police Equipment Company in the amount of $87,168 for Armor Express Razor body armor in accordance with the terms and conditions of the City of Chula Vista Bid B03-13/14. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-04-08 Agenda Packet Page 141 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0166, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF LANCE, SOLL AND LUNGHARD, LLP TO PROVIDE AUDITING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY Section 1017 of the Chula Vista Charter requires an annual independent audit of the City. The current five-year agreement with Pun and McGeady, LLP terminated with completion of the June 30, 2013 audit report. A Request for Proposals to provide auditing services for the City was issued January 31 , 2014 and closed on February 20, 2014. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approval of an agreement for audit services is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; because approval of the contract is a continuing administrative activity, 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 Finance Department followed Municipal Code 2.56 and Council Policy No. 102-05 in the consultant services selection process. A Request for Proposal (RFP) was issued on January 31 , 2014 for audit services. The RFP was posted electronically on PlanetBids.Com <Planetbids.com>, a web-based vendor and bid management system that is widely used by other local agencies. In addition, the RFP was sent directly to accounting firms that had expressed an interest in performing audit services for the City. Seven proposals were received and evaluated by the Selection Committee based on the following technical criteria: A. Organization, size, and structure of the audit firm. B. Qualifications and experience of staff to be assigned to the City's audit. C. Audit firm's understanding of the work to be performed and comprehensiveness of audit work plan. City of Chula Vista Page 1 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 142 File#: 14-0166, Item#: 10. D. Pricing of services. There were other elements of the proposal that were considered mandatory for further consideration. These mandatory elements were: • Independence: the firm was required to provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. • Conflict of Interest: the firm should list and describe any professional relationships involving the City for the past five years together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the audit. • License to Practice: the firm is required to provide an affirmative statement that the firm and all assigned key professional staff are properly licensed to practice in the State of California. As discussed above, the primary basis of the ratings was the proposing firm's technical competence. After the technical scores were compiled additional points were awarded based on the price of the proposal. The Selection Committee interviewed two firms; and after checking references for the two firms recommend Lance, Soll and Lunghard, LLP (LSL) as the successful proposer. The scope of the services to be performed are as follows: • Perform a financial audit of the City's financial statements and its component units upon conclusion of the audit, issue reports for the City, the Public Financing Authority and the Municipal Financing Authority. • Perform a Single Audit of all direct and major federal grants of the City utilizing auditing standards generally accepted in the U.S. and in accordance with the provisions of the Federal Single Audit Act of 1996 and the U.S. Office of Management and Budget Circular A-133. • Perform an Agreed-Upon Procedures report on the calculation of the City's Appropriation Limit as required by Article XIIIB Appropriations Limit Uniform Guidelines of the California Constitution. In addition, LSL will provide the City with additional financial services, collectively known as retainer services. This will include services not strictly within the purview of the audit including but not limited to rendering assistance in ensuring that appropriate financial controls and procedures are in place; providing payroll tax advice and other pertinent tax law changes; updating City staff with the latest developments in governmental accounting and reporting issues; and assisting the City in implementing new Governmental Accounting Standards Board (GASB) requirements These services will be provided up to a maximum of 40 hours per year at no additional cost to the City. About Lance, Soil and Lunghard,LLP Lance, Soll and Lunghard, LLP is a regional public accounting firm that has met the auditing needs of governmental entities throughout California for over 80 years. Government Services professional staff consists of three partners, five managers, two supervisors and ten staff auditors. Their main office is located in Orange County in the City of Brea. There are three other offices located in the City of Whittier (Los Angeles), City of Murrieta and the City of San Jose. The firm lists several clients locally, which include the Cities of Coronado, Escondido and Vista. City of Chula Vista Page 2 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 143 File#: 14-0166, Item#: 10. 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. 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 hiring of a new audit firm is consistent with the goal of Operational Excellence. The Government Finance Officers Association best practice recommends a full-scale competitive process for the selection of independent auditors at the end of each audit contract. This also promotes auditor independence. CURRENT YEAR FISCAL IMPACT There is no fiscal impact to the current fiscal year. An appropriation for the audit will be included in the fiscal year 2014-15 budget. ONGOING FISCAL IMPACT The cost of the audit for the fiscal year ending June 30, 2014, will be $78,265. Not-to-exceed fees for fiscal year ending June 30, 2015 and June 30, 2016 will be $81,875 and $85,844 respectively. The City Manager shall have the authority to approve the extension of this agreement for two one- year terms, at the City's sole discretion. If the City extends the Agreement to include fiscal year ending 2017, the associated fee shall not exceed the cost of $85,844 plus a maximum increase of 5%; if the City extends the Agreement to include fiscal year ending 2018, the associated fee shall not exceed a maximum increase of 5% over the previous year's fees. City of Chula Vista Page 3 of 3 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 144 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF LANCE SOLL AND LUNGHARD, LLP TO PROVIDE AUDITING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT WHEREAS, section 1017 of the Chula Vista Charter requires an annual independent audit of the City; and WHEREAS, the current five-year Agreement with Pun and McGeady, LLP terminated with completion of the June 30, 2013, audit report; and WHEREAS, a Request for Proposal ("RFP") to provide auditing services for the City was issued January 31, 2014, and closed on February 20, 2014; and WHEREAS, the Finance Department followed Municipal Code 2.56, Ordinance No. 2517 and Council Policy No. 102-05 in the consultant services selection process; and WHEREAS, the RFP was posted electronically on PlanetBids.Com, a web-based vendor and bid management system that is widely used by other local agencies. In addition, the RFP was sent directly to accounting firms that had expressed an interest in performing audit services for the City; and WHEREAS, seven proposals were received and evaluated by the Selection Committee based on the following criteria: A. Organization, size, and structure of the audit firm; B. Qualifications and experience of staff to be assigned to the City's audit; C. Audit firm's understanding of the work to be performed and comprehensiveness of audit work plan; and D. Pricing of Services; and WHEREAS, There were other elements of the proposal that were considered mandatory for further consideration. These mandatory elements are: • Independence: the firm was required to provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards and the U.S. General Accounting Office's Government Auditing Standards. • Conflict of Interest: the firm should list and describe any professional relationships involving the City for the past five years together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the audit. • License to Practice: the firm is required to provide an affirmative statement that the firm and all assigned key professional staff are properly licensed to practice in the State of California.; and WHEREAS, the primary basis of the ratings was the proposing firm's technical competence; and 2014-04-08 Agenda Packet Page 145 Resolution No. 2014- Page 2 WHEREAS, additional points were awarded based on the price of the proposal; and WHEREAS, the Selection Committee interviewed two firms; and after checking references for the two firms recommend Lance Soil and Lunghard, LLP ("LSL") as the successful proposer; and WHEREAS, the scope of work proposed to be performed by LSL includes the preparation of various financial and audit reports for fiscal years 2013-14, 2014-15, and 2015-16; and WHEREAS, the consultant agreement authorizes the City Manager to extend the agreement for two additional years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with the accounting firm of Lance, Soil and Lunghard, LLP, 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 and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Maria Kachadoorian Glen Goggins Director of Finance City Attorney 2014-04-08 Agenda Packet Page 146 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ' A?,I /,,�, r� n . Googins U City Attorney Dated: Z/// AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LANCE, SOLL, AND LUNGHARD, LLP TO PROVIDE AUDIT SERVICES 2014-04-08 Agenda Packet Page 147 Agreement between City of Chula Vista and LANCE SOLL AND LUNGHARD, LLP i To PROVIDE AUDIT SERVICES This agreement (Agreement), effective April 8, 2014, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form,place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, Section 1017 of the City Charter requires the City Council to appoint an independent auditor to audit the annual financial statements of the City and, WHEREAS, the Finance Department issued a Request for Proposal for Audit Services on January 31, 2014, and WHEREAS, there were seven proposals received for Audit Services by the February 20, 2014 closing date, and WHEREAS, a selection committee reviewed the seven proposals and interviewed two of the proposers,and WHEREAS,the references were consulted for the two proposers, and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 1 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 Ag1&idaiP*bkW'Ps\Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.doex Page 148 Revised 09/18/13 JMM OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 2 Two Party Agreement Between the City of Chula Vista and Lance Sall and Lunghard to provide Audit Services 2014-04-08 Ajf&m0i s Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.doex Page 149 Revised 09/18/13 JMM B. Application of haws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b.Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c.WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d.E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 3 Two Party Agreement Between the City of Chula Vista and Lai:ee Soll and Luazgleard to provide Audit Services 2014-04-08 A �' P 1k Ps Aud t RFP�2014 Audit RFP�LSL 2 Party Consultor t Ageement-Final.docx Page 150 Revised 09/18/13 JMM i. General Liability: $1,000,000 per occurrence for bodily injury,personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Page 4 Two Party Agreement Behveen the City of Chula Vista and Lance Solt and Lunghard to provide Audit Services 2014-04-08 11� dgiplRk1Ws\Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.doex Page 151 Revised 09/18/13 JMM Consultant and in no way relieves the Consultant from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to snail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required Page 5 Two Party Agreement Between the City of Chula Fista and Laitee Soll and Lungltard to provide Audit services 2014-04-08 Aii!? 1@l�Ps Audit RFP 2014 Audit RFP LSL 2 Party Consultazit Ageement-F ual.docx Page 152 Revised 09/18/13 JMIvI insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10.Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 11. Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recovery shall not be limited to the insurance minimums, but shall instead extend to the actual policy limits. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit,"in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such Page 6 Two Party Agreement Between the City of Chula Vista and Lance Solt and Lunghard to provide Audit Services 2014-04-08 ��} �iPsWudit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.doex Page 153 "J'ed e �09/18/13 JNIM other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C)to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this Page 7 Tivo Party Agreeznezzt Between t/ze City of Chula Vista and Lance So11 and Luzzglzard to provide Audit Services 2014-04-08/?}�r jgji�l�Ps�AuditRFP\201,t Audit RFRLSL 2 Party Consultant Agreement-Final.docx Page 154 Revised 09/18/13 JNIIv1 paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. Page 8 Two Party Agreement Between the City of Chula Vista and Lance soli and Lung-hard to provide Audit Services 2014-04-08 A#` gcg�j{]�FPs Audit RFP�2014 Audit RFP�LSL 2 Party Consultant Agreement-Final.doex Page 155 Revised 09/18/13 JMM 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Page 9 Two Party Agreement Behveen the City of Chula Vista and Lance Sall and Lunghard to provide Audit Services 2014-04-08 ATIi�iF1�P� FPs Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 156 Revised 09/18/13 JMM 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay,the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3:--.Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any Page 10 Two Parry Agreement Between the City of Chula Vista and Lance Soil and Lu»glrard to provide Audit Services 2014-04-08 1# l� Audit RFP\2014 Audit RFP\LSL 2 Parry Consultant Ageement-Final.doex Page 157 Revised 09/18/13 JMM and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.I. and A.2. Subject to the limitations in Sections A.I. and A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. 8. No Alteration of Other Obligations. This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby Page 11 Two Party Agreement Between the City of Chula vista and Lauce Soll and Lung-hard to provide Audit Services 2014-04-08 jIFPs Audit RFP�2014 Audit RFP�LSL 2 Party Consultant Agreement-Final.docx Page 158 Revised 09/18/13 7NIIv1 ' expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents,reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT,AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." Page 12 Two Parry Agreement Between the City of Chula Vista and Lanee Soll and Lunghard to provide Audit Services 2014-04-08 &*NN�sWudit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 159 e'd 09/18/13 JMM B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Page 13 Two Party Agreenuatt Between the City of Chula Vista and Lance Solt and Lunghard to provide Audit Services 2014-04-08 AI�+1 �i GPs Audit RFP\2014 Audit RFP\LSL 2 Parry Consultant Agreement-Final.doex Page 160 Revised 09/18/13 JMM E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. 1. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such parry, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 14 Two Party Agreement Between the City of Chula Vista and Lance Sall and Lunghard to provide Audit Services 2014-04-08 Akiilftoafi&FPs\Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Fnial.docx Page 161 Revised 09/18/13 JMM Signature Page to Agreement between City of Chula Vista and LANCE SOLL AND LUNGI-IARD, LLP TO PROVIDE AUDIT SERVICES IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney LANCE SOLL AND LUNGHARD, LLP By: CHARD KIKUCHI, PARTNER Exhibit List to Agreement: Exhibit A Page 15 Tiwo Parry Agreement Between the Ciry of Chula Vista and Lance Soil and Lunghard to proride Audit Services 2014-04-08 t It iF1MROtppl)aiai.LocallMicrosoll\Windows\Tempoiery Internet Fil estCarteiil.Outiook\TFNFZIEB,LSL 2 Party Consultant Agreement-Final.doex Page 162 Revised 09,19/13 JM M Exhibit A to Agreement between City of Chula Vista and LANCE SOLL AND LUNGHARD,LLP 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity (x) City of Chula Vista, a municipal chartered corporation of the State of California O The Chula Vista Public Financing Authority, a O The Chula Vista Industrial Development Authority, a O Other: , a [insert business form] (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: LANCE SOLL AND LUNGHARD,LLP 5. Business Form of Consultant: ( ) Sole Proprietorship (X)Partnership () Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 203 North Brea BLVD, Suite 203 Brea, CA 92821 (714) 672-0022 Page 16 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 J��I alh> r]}> Ps 4udit RFP�2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 163 Revised 09/18/13 JNIM 7. General Duties: The City prepares a Comprehensive Annual Financial Report (CAFR) and desires the auditor to express an opinion on the fair presentation of its basic financial statements included therein in conformity with generally accepted accounting principles. The auditor is not required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in-relation-to" opinion on the supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The auditor is not required to audit the statistical section of the report. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Upon completion of the audit for each fiscal year the auditor shall issue the following reports: 1. An audit opinion on the fair presentation of the City's financial statements (CAFR) in conformity with generally accepted accounting principles. This opinion should be compliant with all provisions of GASB 34. 2. All reports required for compliance with the provisions of OMB Circular A-133 and the Single Audit Act Amendments of 1996. 3. A report of Agreed-Upon Procedures relative to the City's calculation of its Appropriation Limit in accordance with the Article XIIIB Appropriations Limit Uniform Guidelines and as mandated by the California Constitution. 4. An audit report for the Chula Vista Public Financing Authority. 5. An audit report for the Chula Vista Municipal Financing Authority. In the required reports on compliance and internal controls, the auditor shall communicate any significant deficiencies found during the audit. A significant deficiency shall be defined as a deficiency, or combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Significant deficiencies that are also material weaknesses shall also be identified as such in the report. Other matters, for example deficiencies that are not significant deficiencies or material weaknesses discovered by the auditor shall be reported in a separate letter to management, which shall be referred to in the reports on compliance and internal controls. The reports on compliance and internal control shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Page 17 Two Parry Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 g@lgigl �FPs P udit RFP�2014 Audit RFP�LSL 2 Party Consultant Agreement-Fural.docx Page 164 Revised 09/18/13 JNIIvI Irregularities and illegal acts: Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to Maria Kachadoorian, Director of Finance. The City of Chula Vista City Council serves as the City's Audit Committee. Auditors shall communicate to the City's Audit Committee all communications as required by SAS 114. C. Special Requirements Single Audit Act The independent auditor shall perform a financial and compliance audit under the Single Audit Act of 1996. The audit shall be made in accordance with the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, issued by the U.S. General Accounting Office, and the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133,Audits of State, Local Governments and Non-Profit Organizations. The City has determined that the United States Department of Housing and Urban Development will function as the cognizant agency in accordance with the provisions of the Single Audit Act Amendments of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and Non-Profit Organizations. The schedule of expenditures of federal award and related auditor's report, as well as the reports on the internal controls and compliance are not to be included in the CAFR, but are to be issued separately. Award The City has obtained the "Certificate of Achievement for Excellence in Financial Reporting" from the Government Finance Officers Association of the United States and Canada for fiscal year ended June 30, 2012 and expects to receive the award for the fiscal year ended June 30, 2013. It is the City's intention to continue to receive the award annually and will expect the Comprehensive Annual Financial Report (CAFR)to meet the requirements of those programs. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement O Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Comprehensive Annual Financial Report, November 30 for each year audited Deliverable No. 2: Single Audit Report,November 30 for each year audited Deliverable No. 3: Report of Agreed-Upon Procedures for Calculation of the City's Appropriation Limit. Deliverable No. 4: Audit report for the CV Public Financing Authority. Deliverable No. 5: Audit report for the CV Municipal Financing Authority. Page 18 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 Aiffiti iPWkWffs\Audit RFP\2014 Audit RFPTSL 2 Parry Consultant Agreement-Final.doex Page 165 Revised 09/18/13 JMM D. Date for completion of all Consultant services: Consultant shall complete all work identified in sections 7. and 8., above, for fiscal years 2014-15, 2015-16 and 2016-17. The work shall be on-going as the City requires guidance in carrying out their financial and administrative duties, but shall not exceed more than the completion of each year's finished Financial Reports as listed on pages 17 and 18 of this Agreement. All services shall be completed by January 31, 2017, unless City exercises its option to extend the agreement for two additional years. 9. Materials Required to be Supplied by City to Consultant: The City will prepare the following statements and schedules for the auditor. Additional statements or schedules may be prepared if mutually agreed upon in advance. • General Purpose Financial Statements • Cash and Investments • Cash with Fiscal Agent/Trustee Transactions • Interest Income detail • Operating Transfers/Residual Equity Transfers • Arbitrage Calculations • Schedule of Fixed Asset Transactions • Compensated Absences • Schedule of Investments • Schedule of Long-term Debt Transactions • Bank Reconciliation • Budget Transfers • Property Tax Schedule • Loans Receivable&Payable • Accounts Receivable&Accounts Payable • Advances Receivable&Payable between Funds • PERS Summary of Covered Payroll and Contributions • City's calculation of the appropriation limit • Any other required schedules • Single Audit Schedule of Expenditures of Federal Awards(SEFA) 10. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Page 19 Two Party Agreement Between the City of Chula Vista and Lance Soil and Lunghard to provide Audit Services 2014-04-08 A�II�i��$�ij} F'Ps ,udit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 166 Revised 09/18/13 JMM Single Fixed Fee Amount: $78,265 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Interim Audit Field Work 40% Final Audit Field Work 40% All reports are received 20% The fee for fiscal year ending June 30, 2015 shall not exceed $81,875; the fee for fiscal year ending June 30,2016 shall not exceed $85,844. In addition, the City Manager shall have the authority to approve the extension of this Agreement for two one-year terms, at the City's sole discretion, upon notification to the Consultant. If the option to extend is exercised,the fee for fiscal years 2016-17 and 2017-18 will be adjusted by the annual change in the Consumer Price Index-All Urban(December-December). If the City extends the Agreement to include fiscal year ending 2017, the associated fee shall not exceed the cost of$85,844 plus a maximum increase of 5%; if the City extends the Agreement to include fiscal year ending 2018,the associated fee shall not exceed a maximum increase of 5% over the previous year's fees. The City Manager will also be authorized to approve other services that may be required of the audit firm at the hourly rates stated below. Milestone or Event or Deliverable Amount or Percent of Fixed Fee O 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed,the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase,the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate,but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. O Phased Fixed Fee Arrangement. Page 20 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 kW4kWVgJFPs\Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 167 Revised 09/18/13 JMM For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ O 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the services other than the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of other Services that may be required, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other"reimbursables" (Maximum Compensation). Page 21 Two Parry Agreement Behveen the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 dWipiWAjWs\Audit RFP\2014 Audit RFP\LSL 2 Party Consultaazrt Agreement-Fnial.doex Page 168 ""ed 09/18/13 JN1M (2) O Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. Rate Schedule Category of Employee Name of Consultant Hourly Rate Partner $ 280.00 Manager $ 185.00 Senior Accountant $ 140.00 Staff Accountant $ 125.00 Clerical Included O Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None,the compensation includes all costs. Cost or Rate O Reports, not to exceed $ $ O Copies,not to exceed $ $ O Travel,not to exceed$ $ O Printing, not to exceed $ $ O Postage, not to exceed $ $ O Delivery,not to exceed$ $ O Outside Services: $ O Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed$ $ 12. Contract Administrators: City: Phillip Davis, Assistant Director of Finance 276 Fourth Ave, Chula Vista, CA 91910 Page 22 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 iFiWk* FPs Audit RFP�2014 Audit RFP�LSL 2 Party Consultant Agreement-Final.doex Page 169 e dog/18/13 JMM (619) 409-3820 Consultant: Richard Kikuchi, Partner 203 North Brea BLVD., Suite 203, Brea CA 92821 (714) 672-0022 13. Liquidated Damages Rate: O $ per day. O Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): X) Not Applicable.Not an FPPC Filer. O FPPC Filer O Category No. 1. Investments, sources of income and business interests. O Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. O Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. O Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Page 23 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunghard to provide Audit Services 2014-04-08 � nil &NlAudit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Funal.docx Page 170 lre,!d09/18/13JMM 15. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: O Monthly O Quarterly (X) Other: As specified in section 10. B. Day of the Period for submission of Consultant's Billing: O First of the Month O 15th Day of each Month O End of the Month O Other: C. City's Account Number: various 18. Security for Performance O Performance Bond, $ O Letter of Credit, $ O Other Security: Type: Amount: $ O Retention. If this space is checked,then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner,the City shall be entitled to retain, at their option, either the following"Retention Percentage" or"Retention Amount"until the City determines that the Retention Release Event, listed below, has occurred: O Retention Percentage: O Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services O Other: Page 24 Two Parry Agreement Between the City of Chula Vista and Lance So11 and Lunghard to provide Audit Services 2014-04-08 iOW s�Audit RFPt2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.docx Page 171 ""sed 09/18/13 JNIIvI O Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. Page 25 Two Party Agreement Between the City of Chula Vista and Lance Soll and Lunglrard to provide Audit Services 2014-04-08 A#M AA Ps\Audit RFP\2014 Audit RFP\LSL 2 Party Consultant Agreement-Final.doex Page 172 Revised 09/18/13 JMM City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0167, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2014-007 TO REMOVE THE CITY ATTORNEY POSITION FROM THE JUNE 3, 2014 ELECTION RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 14, 2014, the Council adopted Resolution No. 2014-007 to set June 3, 2014 as the date of the General Municipal Election to elect a Mayor, two members of the City Council to fill seats 1 and 2, and a City Attorney, each for a full term of four years commencing December 2014. Adoption of the amended resolution is required to remove the City Attorney position from the General Municipal Election because only one qualified candidate submitted nomination papers for the position and the City Attorney election will therefore occur at the November runoff election pursuant to the Chula Vista Charter, with the only qualified candidate as the sole candidate on the ballot for the position. 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 an action to remove a position from the ballot; and therefore is an organizational or administrative activity of government 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 As recently amended by the voters, Section 503.0 of the Chula Vista Charter provides that the City Attorney shall be nominated and elected in the same manner and at the same election as the Mayor. Section 300.E of the Chula Vista Charter provides that, beginning in 2014, the Mayor shall be elected as provided in Section 300.A of the Chula Vista Charter, except that voters of the City at-large shall be entitled to vote for the position. As applicable here, Section 300.A of the Chula Vista Charter also requires a General Municipal Election and a mandatory runoff election for the position. Consistent with the Chula Vista Charter, the City Council on January 14, 2014 adopted Resolution 2014-007 to call for a June 2014 General Municipal Election to elect a Mayor, two members of the City Council to fill seats 1 and 2, and a City Attorney, each for a full term commencing December 2014. However, only one candidate timely submitted nomination papers to qualify for election to the City of Chula Vista Page 1 of 2 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 173 File#: 14-0167, Item#: 11. position of City Attorney at the June election. In accordance with Section 300.A.3 of the Chula Vista Charter, it is recommended that the City Council remove the City Attorney position from the June 2014 ballot. Because there is only one qualified candidate, the election to the position will occur at the November runoff election. Section 300.A.3 of the Chula Vista Charter provides that: If only two qualified candidates from a Council district file nomination papers to participate in the general municipal election in that district, no general election shall be held and the two candidates shall be candidates at the run-off election for the office of City Councilmember from that district. Section 300.A.3 applies to the City Attorney position through Sections 503.0 and 300.E. Although only one qualified candidate (rather than two) filed nomination papers for the City Attorney position, Section 300.A.3 most closely governs the situation presented here and requires that the General Municipal Election for the position not be held and the one qualified candidate be placed on the ballot for the November 2014 runoff election. 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. CURRENT YEAR FISCAL IMPACT Removing a position from the ballot is anticipated to save an estimated $25,000. The final election costs will not be known until after the election is conducted. No budgetary amendment is recommended. ONGOING FISCAL IMPACT There are no ongoing costs associated with conducting the election. City of Chula Vista Page 2 of 2 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 174 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION 2014-007 TO REMOVE THE CITY ATTORNEY POSITION FROM THE JUNE 3, 2014 ELECTION WHEREAS, on January 14, 2014, in accordance with the provisions of the Chula Vista Charter and State law, the City Council, through Resolution No. 2014-007, called a General Municipal Election to be held on June 3, 2014 for the purpose of electing a Mayor, two Members of the City Council to fill Seats I and 2, and a City Attorney, for the full term of four years, commencing in December 2014; and WHEREAS, only one qualified candidate timely submitted nomination papers for the General Municipal Election for the position of City Attorney; and WHEREAS, Chula Vista Charter Sections 300.A.3, 300.E and 503.C, provide that in this situation no General Municipal Election shall be held for the City Attorney position and, instead, the qualified candidate should be considered for election to the City Attorney position at the November runoff election; and WHEREAS, in accordance with the Chula Vista Charter and State law, the one qualified candidate for the office of City Attorney shall therefore be placed on the ballot for the November runoff election; 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 is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only an action to remove a position from the ballot; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. All of the foregoing recitals are true and correct. SECTION 2. This resolution amends City Council Resolution No. 2014-007 to remove the City Attorney position from the ballot for the Tuesday, June 3, 2014 General Municipal Election because only one qualified candidate timely submitted nomination papers for that position. In accordance with the Chula Vista Charter and State law, the General Municipal Election for the City Attorney position called for in Resolution No. 2014-007 will not be held and the one qualified candidate for the position shall be placed on the ballot for the November runoff election. 2014-04-08 Agenda Packet Page 175 SECTION 3. The City Clerk is hereby directed to provide a copy of this resolution to the Registrar of Voters. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and file it with the City's original resolutions. Presented by Approved as to form by Donna R.Norris, CMC Shawn Haggerty City Clerk Special Counsel 2014-04-08 Agenda Packet Page 176 NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Public Hearing, originally noticed for the Regular Meeting of the City Council of the City of Chula Vista at its meeting of April 8, 2014 at 2:00 p.m., for consideration of: CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOVd A MAXIMUM HEIGHT OF 120 FEET (4� FEET MAXIMUM CLJRRENTLY ALLOR'ED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS;AND 2)A DESIGI�'REVIEW PERMIT(DRC13-31) TO COt�'STRUCT THE PARKII�'G STRUCTURE A. ORDIt�'A1�'CE OF THE CIT1' OF CHULA VISTA APPROVII`iG A PRECISE PLAI�' (PC M ]3-22) TO ALLOW A HEIGHT OF 120 FEET(45 MA\IMUM CURRENTLY ALLOVJED)TO ACCOMMODATE A PROPOSED PARKING STRUCNRE TO BE LOCATED «'ITHIN THE SHARP CHULA VISTA MEDICAL CEI�'TER CAMPUS LOCATED AT 7�1 MEDICAL CEN7ER COURT (FIRST READING) B. RESOLUTIOi�t OF THE CITY COUt�'CIL OF THE CITY OF CHULA VISTA GRAI�'TII�'G A DESIGN REVIEVI' PERMIT (DRC li-31) FOR A PROPOSED PARK.iI�'G STRUCTURE ON A SITE LOCATED AT 7�1 MEDICAL CENTER COURT was continued to the Regular City Council Meeting on April 15, 2014 at 2:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Dated: April 9, 2014 �vlllk.�.�a �,,/'/0�,4.-5- Donna Norris, CMC, City Clerk I declare under penalty of perjury that I am employed by the City of Chula Vista i� the Office of the City Clerk and that i posted this document on the bulletin board according to Brown Act requirements. Dated % �y Signed ��� City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0118, Item#: 12. CONSIDERATION OF 1) A PRECISE PLAN (PCM-13-22) TO ALLOW A MAXIMUM HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE AT THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS; AND 2) A DESIGN REVIEW PERMIT (DRC13-31) TO CONSTRUCT THE PARKING STRUCTURE A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PC M 13- 22) TO ALLOW A HEIGHT OF 120 FEET (45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT RECOMMENDED ACTION Council place the ordinance on first reading and adopt the resolution. SUMMARY Sharp Chula Vista Medical Center (the "Applicant,") is requesting a Precise Plan (PCM) in order to increase the allowable building height from 45 feet to 120 feet within the existing campus. This increase in height would allow for the development of a new six-story (seven levels) parking structure (with associated new loop road) to be developed on the existing hospital campus (the "Project"). The project site is located at 751 Medical Center Court on the east side of Medical Center Drive north of Medical Center Court and south of Telegraph Canyon Road (see Attachment 3- Locator Map). In addition to a Precise Plan, a Design Review Permit (DRP) is also required for the new parking structure (see Attachment 7-Proposed Site Plan). The Project is subject to the consolidated permit processing provisions pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.050 (C). Under the consolidated review process, the City Council would be reviewing and acting on the PCM and DRP. 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 Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines. Thus, no further environmental review is necessary. City of Chula Vista Page 1 of 9 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 177 File#: 14-0118, Item#: 12. BOARD/COMMISSION RECOMMENDATION On March 12, 2014 the Planning Commission considered the Project and staff's recommendation for the Precise Plan to include the entire property on which the proposed parking structure would be developed. After hearing public testimony and discussing the proposal, the Plannining Commission amended staff's recommedation in order to restrict the application of the Precise Plan to the boundaries of the proposed parking structure. The Planning Commission approved (5-1-0-1) Resolution No. PCM-13-22 recommending that the City Council approve a Precise Plan to allow a maxmium building height of 120 feet (45 feet maximum currently allowed) to accommodate a proposed parking structure, to be located at the northern edge of the hospital campus. In addition, the Planning Comission provided design review comments on the Project, which they wished to pass along to the City Council (See Attachment 4 - Planning Commission Resolution and Minutes). DISCUSSION Existing Site Characteristics The project site is located south of Telegraph Canyon Road, east of Medical Center Drive and north of Medical Center Court. The site is atop a knoll above surrounding residential development to the south and east. To the north is the Veterans Home and to the east are additional medical offices. The existing campus is developed with hospital towers, convalescent care, medical offices and parking. Existing General Plan, SPA Plan Land Use Designations and Existing land uses General Plan CV Municipal Code PC District Existing Land Use Zoning Land Use Designation Site Public/ Quasi- COP(Administrative N/A Existing Hospital Campus Public and Professional Office/Precise Plan overlay) North Public/ Quasi- R1 H (Residential) N/A Veterans Home Public South Med-high Planned Community RC(Residential condominiums/apartments Residential (PC) Condominium) West Public/ Quasi COP(Administrative N/A Medical Offices -Public and Professional Professional Office /Precise Plan Office Overlay) East Public/Quasi- COP (Administrative N/A Medical Offices Public and Professional Office/Precise Plan overlay City of Chula Vista Page 2 of 9 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 178 File#: 14-0118, Item#: 12. (Medium High (Planned Community I(RC) Residential lResidential Condominiums Residential (PC) Condominium Background The original acute care campus was developed in 1973 with the donation of the land (project site) to start the community hospital of Chula Vista. Over the years, additional campus facilities have been added to keep pace with the health service and emergency care needs of Chula Vista and South Bay residents. The East Tower was the first major medical facility built on the campus in 1979. In 1989 the Birch Patrick Skilled Nursing Facility was built, followed by the expansion of the main hospital (West Tower) in 1991. Each of the two existing 5-story towers have a height of approximately 68 feet. The site is zoned C-O-P (Administrative and Professional Office) with a Precise Plan (P) Modifying District. This (P) modifying district was established in order to allow flexibility in the application of development standards through the establishment of a Precise Plan, which is now being requested. Public Comment A community meeting was held on January 30, 2014 (please see Attachment 3- Community Meeting comments). Concern was expressed by some of the neighbors with regard to potential visual impacts created by the height and bulk of the proposed parking structure. Concern was also expressed about lighting/glare into the adjacent residential areas, as well as noise generated during construction. These concerns were generated by the resident's experience with light spillage into their neighborhoods both during construction and during operation of a newly constructed medical office/treatment facility on the Sharp Medical Center Campus. In addition, neighbors expressed concern regarding hours of construction. (Staff responses to these are discussed in the Analysis section below and in Attachment 5). Project Description The project proposes a Precise Plan to increase the allowable building height for the medical center campus from 45 feet to 120 feet, in order to allow the construction of a six-story (seven levels) parking garage. A new loop road would be constructed around the exterior boundaries of the campus, in order to improve existing circulation patterns, as well as provide a vehicular connection to the proposed parking structure. A Design Review permit is also required for the parking structure. ANALYSIS: Precise Plan The current zoning (C-O-P) for the property (approved in January 1990) establishes a Precise Plan (P) Modifying District for the site. This P modifier provides a process to allow (through the application of a Precise Plan) future deviations from the prescribed development standards of the CO zone. Said deviations provide flexibility in the application of development standards, which become necessary due to the nature of development on the site. For example, hospitals usually contain tall City of Chula Vista Page 3 of 9 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 179 File#: 14-0118, Item#: 12. structures such as towers, which often exceed 45 ft. At this time, building height is the only requested deviation as shown in the Precise Plan (please see Attachment 6 -Proposed Precise Plan). Pursuant to the provisions of the existing zone, a Precise Plan is required to allow a deviation in building height. The applicant has complied with the requirements of Section 19.56.042 of CVMC (Required maps and information) by providing an application submittal package, which includes site plans and elevations for the Project. Section 19.14.576 of the CVMC outlines the required findings that must be established for granting approval of a Precise Plan. Said findings and staff's response to each finding are outlined in the attached Ordinance pertaining to the requested increase in allowable building height for the proposed parking structure. Site Plan/Layout The new parking structure is strategically located in the center of the campus to provide additional parking for the overall campus. It is proposed to be constructed within the location of an existing surface parking lot. This central location will support the acute care facilities, as well as outpatient facilities. The parking structure will be set back 167 feet from the nearest residential property to the northeast of the project site. The loop road will include an enhanced entryway at Medical Center Court adjacent to the hospital on the north side of the campus. The loop road then continues around to the new parking garage reconnecting with Medical Center Court to the south, improving overall vehicular circulation within the campus. Development Standards The parking structure is considered an ancillary use to the existing hospital campus. The height and parking standards for the C-O zone are as follows: C-O Development Standards: PROPOSED for Project Building Height: 45 feet 120 feet Parking: Hospital- 1.5 spaces per bed Hospital 243 beds=365 spaces Existing Parking 1,746 spaces Skilled Nursing 100 beds=150 spaces Subtotal (hospital) 515 spaces Medical Offices- 1 space per 200 square-feet 180,908 square-feet= 905 spaces Net Increase +608 spaces City of Chula Vista Page 4 of 9 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 180 File#: 14-0118, Item#: 12. Total Required 1,420 spaces Total Provided = 2,354 Building Height As discussed previously, the proposed Precise Plan is to provide for an increase in the allowable building height limit of 45 feet. The request is to accommodate a proposed six-story (seven levels) parking structure including elevator unit and architectural appendage feature. Six of the parking levels will be above grade and one below. The top deck of the parking structure will be the same approximate height (67 ft.) as the existing hospital towers on the site. An elevator tower will project beyond the top of parking deck an additional 25 feet in height, in order to accommodate the required elevator machinery above. The top has been designed as a wind scoop to provide passive cooling for the equipment and shaft. From an aesthetic design perspective, the tower has been designed as an architectural element, separate from the structure, and a way finding element to direct visitors to the garage from the loop road. This height allows visitors to orient themselves and locate the structure. A small steel tubing appendage will project above the elevator tower an additional 10 feet. This will result in an overall height of 102 feet. The applicant is requesting a total height allowance of 120 feet. The additional 18 feet would give the applicant flexibility for possible future development plans, which would be subject to further reviews, if and when subsequent plans are submitted. The City has not received any plans or applications for any future development on the site, other than what is currently being proposed. Parking As shown in preceding table, existing parking for the campus exceeds the amount required by the CVMC. The parking garage is being constructed to respond to what the applicant perceives as a current shortage of staff, patient and public parking available to the hospital, as well as to address projected hospital needs through 2030. Upon completion, the proposed parking structure will provide a total of 718 parking spaces and will displace an existing surface parking lot containing 117 spaces. However, at all phases of construction of the parking structure there will be sufficient parking facility-wide. A parking analysis conducted for the project shows that a total of 1 ,746 spaces exist facility wide, which results in surplus of 326 spaces beyond the 1 ,420 spaces currently required. Due to this surplus, during each phase of development, there will be more than enough parking spaces available (based upon required parking) to offset any temporary loss of parking that may occur during construction. Upon completion of the Project, there will be 2,354 parking spaces available overall. Lighting/Noise Lighting along the loop road will consist primarily of uplighting for the landscape vegetation being proposed. Said landscaping will also provide screening from vehicles/headlights. Lighting for the City of Chula Vista Page 5 of 9 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 181 File#: 14-0118, Item#: 12. parking structure will be directed inward toward the structure. No light spillage is anticipated beyond the boundaries of the site. Section 19.66.100 of CVMC indicates no direct or sky-directed glare shall be permitted beyond the property line. A photometric study will be required for review and approval by the City prior to issuance of building permits to ensure compliance with the CVMC. In regard to construction noise, Section 19.68.030 of CVMC specifies that hours of construction are limited to 7 a.m. to 10 p.m. on weekdays, and from 8 a.m. to 10 p.m. on weekends. Design Review Chula Vista Design Manual Chapter 3 of the The Chula Vista Design Manual stipulates design parameters that pertain to site planning, landscape architecture, architecture and signage for the project site. The Design Guidelines contain illustrations and written requirements to implement the design guidance presented therein. Some of the design guidleines also emphasize quality design, site development character and conceptual bui lid ng/parking/open space relationships within the site. Site Layout/Parking Compatibility: (Page III-31) The arrangement of structures, parking and circulation areas, and open spaces should recongnize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials. In developed areas, new projects should meet or exceed the standards of quality which have been set by surrounding development. The parking structure has been strategically located in the center of the medical campus to afford easy circulation/access as well as creating a buffer distance from the edges of the site. The orientation of the structure itself is placed to align with the other larger scale buildings nearby. The structure itself utilizes the colors and materials consistent with the adjacent buildings on the medical campus in order to fully integrate it with the hospital. Building Placement: (Page III-31) Structures should be sited in a manner that will complement adjacent structures. Sites should be developed in a coordinated manner to provide ordered diversity and to avoid jumbled confusion. As mentioned above, the new parking garage is strategically located in the center of the campus to provide additional parking to the overall campus. The central location will support the acute care facilities as well as the outpatient facilities. The first experience as one enters the new loop road or "Boulevard" is to help visitors to orient themselves. With clear circulation, the Boulevard directs traffic to the center of the campus where the parking structure is located. By physically connecting both the vehicular and pedestrian paths, the structures' location, and directional way-finding, a simple, clear order is established for visitors. City of Chula Vista Page 6 of 9 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 182 File#: 14-0118, Item#: 12. Parking (Page III-34): Parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, earth berms, low screen walls, or a combination thereof. Screening (Page III-36) When screening is required, a combination of elements should be used including solid masonry walls, berms and landscaping. The height should be determined by the height of the matrix/ or equipment being screened. Buffering and/or screening to reduce the visual impact of the parking structure on the neighboring residential areas will be provided primarily though the use of heavy landscaping to screen the lower floors of the parking structure. California Pepper trees will be located strategically on the slope east of the new utility loop road, between the parking structure and the residential neighborhoods to the north-northeast. These evergreen trees will grow to a range of 30' - 40' in height, and being on the slope, will do a great amount of the screening of the new parking structure. A photo-simulation has been prepared showing existing and proposed elevations (with parking structure added). Chinese Evergreen Elms and Mexican Fan Palms will be planted close to the parking structure at the north end around the elevator tower. This planting will be two-tiered, in that the Chinese Evergreen Elms will be a broad-leafed tree (growing up to 50+'), interspersed with 15' to 30' high Mexican Fan Palms. Afghan and Canary Island Pine trees will wrap the parking structure along the east facade and down around to the south of the structure, accompanied by additional palm trees to provide accent to the parking structure. These pine trees can grow to an ultimate height of 65' or more. The balance of the parking structure will be screened from view by the existing hospital complex and medical facility. Architecture/Design Compatibility (Page II-37): High quality, innovative amd imaginative architecture is encouraged....The designer is expected to employ variations in form, building details and siting in order to create visual interest. In all cases, the chosen architectural style should be employed on all building elevations. One of the first objectives in the design was to minimize the look of a `parking garage'. By manipulating scale, color and massing, the design minimizes the appearance of the structure as a garage and allows it to become one of the integrated buildings on the campus. There are several elements of the design that create both harmony and variety in the design. The elevator tower is a subtly executed glass tower that creates a destination for visitors and serves to break down the scale of the structure. The variation of colored metal panels and colored concrete affords a difference in the planes and surfaces, breaking down the scale. The interior of the garage uses subtle hues of color to soften the impact of exposed concrete and assist in visitor wayfinding. In its entirety, the structure is designed to integrate with the structures on the medical campus. Scale/Building facade and roof articulation (Page III-38): City of Chula Vista Page 7 of 9 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 183 File#: 14-0118, Item#: 12. At a minimum, the height of new development should "transition" from the height of adjacent development. Also, varying the height of a builiding so that it appears to be divided into distinct massing elements, and/or articulating the builidng facade by horizontal and vertical offsets in wall planes can reducte building bulk and is strongly encouraged. The site of the hospital campus is unique in that it is a hilltop development that rises above surrounding residential development below. A number of design features have been incorporated that minimize the bulk of the structure. The architectural design results in the visual appearance being that of two separate structures. In addition, the structure is designed to be 65% open to the surrounding environment. As a means to break down the scale, several design elements were utilized. First, to break down the longer side of the structure, the design is physically separated near the center of the long facade. Adding and `floating' colored metal panels on the facades creates the appearance of two separate structures. On the west elevation, the sloped ramping is masked by horizontal metal panels to avoid the look of a utilitarian garage; making it appear like a building for people rather than cars. To create a sense of orientation and identity for visitors, the subtle glass colors of the elevator tower (beacon) are patterned into smaller scale mosaics to not only bring down the scale but to reflect the diversity of the surrounding communities, patients and visitors. Materials and Colors (Page III-39): Colors and materials should be consistent with the chosen architectural style and compatible with the character of surrounding development. The color palette should be selected carefully. Subdued color combinations consiting of a limited number of colors are encouraged. Large areas of intense white color and vibrant compositions should be avoided. Variations in shade or tone can be used to enhance form and heighten interest. Colors shoud be used to articulate entries or other architectural features. In order to truly integrate the design to the medical campus, subtle buff-toned hues were selected for the exterior of the parking structure. The colors were coordinated with the existing structures and use similar, subtle tones. Soft, pastel tones are integrated on the interior of the structure to assist in wayfinding but also soften the interior of the parking structure. The interior colors were selected and inspired by the plants and flowers found in the new Medicinal Garden along the Promenade ("new loop road"). Entry points are identified by two element's - the first element, low, split-faced, colored blocks, are used at the vehicular level as one gets closer to the structure - these low walls are pulled far enough away from the entry drives to afford views to and from the entry points. The second entry cues are in the form of raised colored metal panels located above each entry point. The entry panels are consistent in material and color to the colored metal panels found on the facade of the structure 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. City of Chula Vista Page 8 of 9 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 184 File#: 14-0118, Item#: 12. 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 Project supports the Health Community goal as it seeks to allow the existing hospital facility to operate more efficiently to meet the needs of the Chula Vista and South Bay residents. CURRENT YEAR FISCAL IMPACT The application fees and processing costs are paid for by the Applicant. The project will not be fully constructed until 2016, beyond the current fiscal year. ONGOING FISCAL IMPACT There is no net fiscal impact associated with this Project. ATTACHMENTS 1 . Ordinance 2. Resolution 3. Locator Map 4. Planning Commission Resolution 5. Community Meeting Comments and Correspondence 6. Proposed Precise Plan 7. Proposed Site Plan 8. Ownership Disclosure Form 9. Project Plans City of Chula Vista Page 9 of 9 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 185 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A PRECISE PLAN (PC M 13-22)TO ALLOW A HEIGHT OF 120 FEET(45 MAXIMUM CURRENTLY ALLOWED) TO ACCOMMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED WITHIN THE SHARP CHULA VISTA MEDICAL CENTER CAMPUS LOCATED AT 751 MEDICAL CENTER COURT. WHEREAS, the area of land which is subject to this Ordinance is diagrammatically represented in Exhibit A attached to this Ordinance, and commonly known as Sharp Chula Vista Hospital campus, and consists of site located at 751 Medical Center Court("Project Site"); and WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 26, 2013 by Sharp Chula Vista Medical Center(SCMC) ("Applicant"), ("Owner' and"Developer") requesting approval of a Precise Plan in order to allow for the maximum building height to be increased from 45 feet to 120 feet); and WHEREAS,the Applicant has complied with the requirements of Section 19.56.042 of CVMC (Required maps and information)by providing an application submittal package which includes detailed site plans and elevations; and WHEREAS, the Project consists of developing a six story parking structure (seven levels) consisting of 718 parking spaces; and 1. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 12,2014, and voted 5-1-1-0 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this proj ect held on March 12,2014, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and 2. City Council Record of Application WHEREAS,the City Clerk set the time and place for the hearing on the Project application and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and, 2014-04-08 Agenda Packet Page 186 Ordinance No. Page 2 WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2014, in the Council Chambers in the City Hall, City of Chula Vista Civic Center,276 Fourth Avenue,at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same; and 3. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this Ordinance was introduced for first reading on April 8, 2014 the City Council of the City of Chula Vista approved Resolution ,by which it approved a Design Review Permit for the Project; and 4. Environmental Determination 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 Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines. NOW THEREFORE,the City Council of the City of Chula Vista does hereby find,determine and ordain as follows: Section 1 NOW THEREFORE,BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKES THE FOLLOWING FINDINGS PURSUANT TO CVMC SECTION 19.14.576: A. PRECISE PLAN FINDINGS The City Council finds by clear and convincing evidence that: SUCH PLAN WILL NOT,UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE,BE DETRIMENTAL TO THE HEALTH,SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY; The Precise Plan being requested is limited to allowing a deviation from existing development standards for building height within the existing hospital campus. The hospital campus has been in development for approximately 35 years and contains two existing towers of approximately 68 feet in height.The parking structure being proposed is an important component of the ongoing medical center expansion and will ensure adequate parking for patients and medical staff using the medical center facilities. Therefore,its construction,along with additional support facilities,will contribute to the general well-being of the community. 2014-04-08 Agenda Packet Page 187 Ordinance No. Page 3 The parking structure will be located adjacent to or near existing hospital facilities well within the campus boundaries. The parking structure is located approximately 167 feet from the nearest residential property located to the northeast of the project site.Building design is consistent with City Design Guidelines. The parking structure will not generate any new traffic. The proposed height increase is to allow development consistent with hospital uses. Existing towers on site are approximately 67 feet in height. The Project will contribute to the well-being and general welfare of the Chula Vista residents by allowing the existing hospital facility to operate more efficiently to meet the needs of the Chua Vista and South Bay residents. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF THE P MODIFYING DISTRICT AS SET FORTH IN CVM 19.56.041 The Precise Plan (P)Modifying District was attached to the C-O zoning at the time the subject property was rezoned from R-I-H to C-O-P in January, 1990. The site has been developed as a hospital campus since approximately 1970.The hospital site had received prior approval for two hospital towers with a height of approximately 68 feet,prior to the effective date of this rezone. Given the existing hospital use,the P modifier was added to this new zoning designation in anticipation of the need to provide future flexibility in the implementation of the underlying development standards of the C-O zone,especially the ability to provide for structures which exceeded the underlying 45-foot height limit. The Precise Plan will allow for flexibility in building height that will enable the site to be developed consistent with the needs of a state of the art medical facility. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIFYING DISTICT. Exceptions to the underlying zoning requirements are warranted due to the fact that the site contains an existing hospital campus. Such use is unique within the C-O zone in that hospitals usually contain buildings/towers that are over 45 feet in height.The inability for future development to exceed the current height limit of 45-foot would preclude the ability to provide necessary expansions that meet the needs of the surrounding community. THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICES OF THE CITY. Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of the General Plan for the property and the General Plan Objective PFS 19 to provide art and culture programs, childcare facilities and health and human services that enhance the 2014-04-08 Agenda Packet Page 188 Ordinance No. Page 4 quality of life in the City of Chula Vista. A height exceeding the current height restriction of 45 feet under the C-O(Administrative and Professional Office) zone,has been established by the two existing hospital towers on the campus and will allow the site to be developed consistent with the needs of the state of the art medical facility. B. ADOPTION OF PRECISE PLAN In light of the findings above, the Precise Plan is adopted to increase the existing building height limit of 45 feet be increased to 120 as set forth and diagrammatically represented in Exhibit"A" and described in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. 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 competentjurisdiction,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 2014-04-08 Agenda Packet Page 189 Ordinance No. Page 5 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2014-04-08 Agenda Packet Page 190 �► i� �I�� alt if 1/ I �f.l+s-- �- ��+- - ♦ �♦ ♦ I ♦1 I► ►Ift11�, I �� 111 , '�*, Iflll i 11,01) _ �aaa MITI ..� r, H�r/r�lllllll�i: �V►nr►run� �����/'`+.....-11-0 . still, U11 ���i+ri►� •����`�0�;*���,�•� ��If�11111s1i11N1� ��IINIII� � ��i � �� ria■ 1111111111111111Mrry rru, �� n�°•` ���1�� j�►{1N►11{{11 ��►�1 �� -t ���r� �,,��� '�i,a ���►:� �rl� }j �/� M��I�N,� � � •\IIIIII��r. 1 � G,,� I�u.. �,�.►�,�, `;�► ..: ,- -!'�;`.; = _ ,t�r�, = !rte +J��� ,I {�{II{M`�����r �Ilft1�; � �'��•'. " ► 1�1►�r♦����I�: ��p{i�N{u►_ Aa wagm 11.01IL166 SIP II Dow I&S 01,111,111, IL IN `►,��0*►.���� 4► . rrrp _ � {fin+►. rt r WIN— � �. va+ ':�►`����,,� .� � ��i♦,�!\\� a♦tr►. ,�� p+���+rr� � f-.' �••••• a�+r��• X111►���`� ` � �i �i •.����r •.1 F 7• � III f►►r+r ♦�r� .+ '` �� ���! � 4� •!li �� p� �� � ��+ � �� IN lit • 1111►'►►► ���\ ♦� � J � � mrruriri �i �� • Ii .r�■rr► ♦ s. . �I���Nfh ���►♦1�:�'i i�C � �i�llqurrt�� ��► Ii��f t� arrp •��v � � u L sit 751 Medical Center Ct. EXHIBIT 'OAO' Precise Plan Boundary Map \�\1��������rrrrr►►r. IJ E,111D 1: Ordinance No. Page 7 EXHIBIT B PRECISE PLAN DEVELOPMENT STANDARDS Building Height: 120 feet All other development standards: Subject to the development standards contained in the Chula Vista Municipal Code (CVMC) 2014-04-08 Agenda Packet Page 192 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT (DRC 13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE LOCATED AT 751 MEDICAL CENTER COURT L RECITALS A. Project Site WHEREAS, the area of land that is subject to this Resolution is diagrammatically represented in Exhibit A attached to this Resolution, and commonly known as Sharp Chula Vista Medical Center campus, located at 751 Medical Center Court ("Project Site").; and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on November 26, 2013 by Sharp Chula Vista Medical Center(SCMC) ("Applicant"), ("Owner" and "Developer") requesting approval of a new parking structure to be developed on the Project Site ("Project"); and C. Environmental Determination 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 Class 32 categorical exemption pursuant to Section 15332 (In-Fill Development Project) of the State CEQA Guidelines; and D. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2014, in the Council Chambers in City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the input of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds,determines, and resolves as follows: 2014-04-08 Agenda Packet Page 193 Resolution No. Page 2 II. DESIGN REVIEW FINDINGS/APPROVAL A. THAT THE PROPOSED DEVELOPMENT, AS CONDITIONED, IS CONSISTENT WITH THE DEVELOPMENT REGULATIONS OF THE COP, ADMINISTRATIVE AND PROFESSIONAL OFFICE WITH PRECISE PLAN OVERLAY ZONE. The proposed project complies with all development standards of the COP zone with the exception of building height which is being requested to increase from a maximum of 45 feet to 120 feet in conjunction with a Precise Plan approval for this Proj ect. B. THE DESIGN FEATURES OF THE PROPOSED DEVELOPMENT ARE CONSISTENT WITH, AND ARE A COST EFFECTIVE METHOD OF SATISFYING THE CITY OF CHULA VISTA DESIGN GUIDELINES AND THE CITY OF CHULA VISTA DESIGN MANUAL AND LANDSCAPE MANUAL. The project is in compliance with the Commercial Guidelines of Chapter III of the City Design Manual in that it complies with the Site Planning design guidelines for compatibility, building placement and screening, It also complies with the Architectural design guidelines for compatibility, scale/building facade and roof articulation and materials and colors. The new parking garage is strategically located in the center of the medical center campus to provide additional parking to the overall campus to support the acute care facilities, as well as the outpatient facilities. The orientation of the parking structure itself is placed to align with the other larger scale buildings nearby. The colors and materials are consistent with the adjacent builidings on the medical campus in order to fully integrate it with the hospital. Buffering and/or screening to reduce the visual impact of the parking structure on the neighboring residential areas will be provided primarily though the use of heavy landscaping to screen the lower floors of the parking structure. Design features have been incorporated that attempt to minimize the massiveness of the structure, resulting in the visual appearance being that of two separate structures. In addition, the structure is designed to be 65% open to the surrounding environment. III. APPROVAL OF DESIGN REVIEW PERNHT Based on the findings above, the City Council approves the Design Review Permit subject to the conditions set forth below: A. The following shall be accomplished to the satisfaction of the City, prior to issuance of 2014-04-08 Agenda Packet Page 194 Resolution No. Page 3 building permits, unless otherwise specified. Planning: 1. Prior to, or in conjunction with the submittal of plans for the building permit, pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1762. 2. The colors and materials specified on the building plans must be consistent with the colors and materials shown on the site plan and materials board approved by the City Council on April 8, 2014, or as subsequently modified per their direction. 3. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City. 4. A graffiti resistant treatment shall be specified for first floor and building surfaces. This shall be noted for any building and wall plans and shall be reviewed and approved by the Director of Development Services prior to the issuance of building permits. Additionally, the project shall conform to Section 9.20.055 of the CVMC regarding graffiti control. 5. Prior to issuance of building or grading permits, whichever occurs first, a photometric study shall be submitted for review and approval by the Director of Development Services that indicates there shall be no light spillage beyond the property lines of the project site. Land Development En ink Landscape Architecture Division 6. Applicant shall pay the following fees: a. Sewer Capacity Fees b. Traffic Signal Fees c. Development Impact Fees per Master Fee Schedule 7. Prior to issuance of building permits, applicant shall indicate on the site plan an additional sidewalk and ADA compliant ramp to connect to the proposed pedestrian ramp to the medical office facilities. 8. Prior to issuance of grading permits, the submitted grading plans shall include the following; a. Indication as to how runoff from the slope will be diverted from the proposed retaining wall on the north side of the project. 2014-04-08 Agenda Packet Page 195 Resolution No. Page 4 b. The rounding of proposed slope with the natural slope in order to avoid any concentrated flow. 9. Prior to issuance of grading permits, applicant shall agree to the following: a. That final sizing of the Water Quality BMP's shall be determined during the grading permit process. b. That all drainage facilities shall be privately maintained. 10. Prior to issuance of grading or building permits permit(whichever occurs first), applicant must submit complete Landscape Improvement Plans for approval to the City of Chula Vista that comply with Chapter 20.12 of the City of Chula Vista Municipal Code, Landscape Manual, and Design Manual. The title sheet of the drawings shall contain a signed statement by the landscape architect as follows: "I am familiar with and agree to comply with the requirements of the landscape improvement plans as described in Chapter 20.12 of the City of Chula Vista Municipal Code. I have prepared these plans in compliance with those regulations. I certify that the plan implements the regulations to provide efficient water use." The plans must also demonstrate the parking garage and utility loop road are adequately screened through the use of planting material. Building: 11. Plans shall comply with Title 24 and 2013 California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), California Electric Code (CEC), California Green Building Standards Code (CalGreen) and 2008 California Energy Code. Fire: 12. Prior to issuance of building permits, applicant shall perform a fire service study that includes a hydraulic water flow analysis. The analysis shall show the actual flow and pressure for all hydrant and and riser stubs. A higher demand or worst case scenario should be used in the flow analysis to avoid upgrades to the fire service loop. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. B. The following on-going conditions shall apply to the property as long as it relies on this approval: 2014-04-08 Agenda Packet Page 196 Resolution No. Page 5 13. This permit shall become void and ineffective if not used or extended by April 1, 2017, in accordance with Section 19.14.600 of the Municipal Code. 14. All landscape and hardscape improvements shall be installed and maintained in accordance with the approved landscape plan. 15. Approval of this request shall not waive compliance with all sections of Title 19 of the Municipal Code, and other applicable City Ordinances in effect at the time of building permit issuance. 16. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit and (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. This condition may be modified by the Zoning Administrator subject to input from the City Attorney. Prior to the issuance of any permits required by the City of Chula Vista for the use of the subject property in reliance upon this approval, the Applicant/Representative and property owner shall execute this document by making a true copy of this resolution and signing both this original letter and the true copy on the lines provided below, said execution indicating that the Applicant/Representative and Property Owner have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, the true copy with original signatures shall be returned to the Project Manager in the Development Services Department. Failure to return the signed copy of this document within thirty days of the effective date hereof shall indicate the Applicant's/Representative's or Property Owner's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date 2014-04-08 Agenda Packet Page 197 Resolution No. Page 6 IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. V. INVALIDITY;AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by Approved as to form by Kelly G. Broughton. FASLA Glen R. Googins Director of Development Services City Attorney 2014-04-08 Agenda Packet Page 198 ��� ��1 `��►��. ♦ir������ � ��A r4►ii�ff{{uli�►'��t111�.�+,.R• �' �l14ttIN �. owl ' ri��►ru►►1/1111�1i%' � •``�� ��.��1111111111■ . ♦ • ►r �rIfIN��NiU�%'���� ���� � O`��Q`��� � • 111►►1►ws►►l►1����if _�I�ii�1A1y1111�r��i �` �II�{urr► �`������,,��� � /111►1ti�11�11t1N�''��'N���: �r� I'� �j� '�,��+►+rrrr ` t��. r�� ��`�I � 1 ! 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I 4k .............. 0 L s TT T PROJECT 6— LOCATION -is v .1�1 �T LA ------ 7 Mr �"A ���{yjj 4 �„��Y�,��_ 0 A�l I j 5 LOCATOR PCM-13-22 ATTACHMENT 3 LOCATOR MAP 2014-04-08 Agenda Packet Page 200 ATTACHMENT 4 RESOLUTION NO,PCM-13-22 RESOLUTION OF rHE Cl'IY OF CHULA 'VISTA PLANNING COM11USSION RECOMMENDING THAT THE CITY COUNCIL APPROVE A PRECISE PLAN 10 ALLOW A HEIGHT OF 120 FEET (45 FEET MAXIMUM CURRENTLY ALLOWED) TO ACCOMODATE A PROPOSED PARKING STRUCTURE TO BE LOCATED AT THE NORTHERN EDGE OF THE HOSPITAL CAMPUS LOCATED AT 751 MEDICAL CENTER COURT, lWHEREAS, on November 26,2013 a duly verified application was Bled with the City of j Chula Vista Development Services Department by Sharp Chula Vista Medical Centel (SCVMC) ("Applicant"), ("Ownet" and "Developer") requesting approval of a precise plan to establish a height limit of 120 feet for the medical center located on the south side of `telegraph canyon Road,east of Medical Centet Drive and nottb of Medical Center Court("PioJect"); and WHEREAS, the applicant has complied with the requi.ternents of Section 19 56 012 of CVMC (Required maps and information) by providing an application submittal package which includes detailed site plans and elevations;and I WHEREAS, the property is zoned C O-P (Administrative and Professional Office with Precise Plan Overlay), which overlay is intended to provide fox deviations frog a the prescribed i development standards of the C-C)zone through adoption of a Precise Plan;and f � j WHEREAS, the Precise Plan would allow for the magnum building height to be increased fiom 45 feet to 120 feet; and IWERES,the Project consists of'developing a six story parking structure (seven levels) consisting of 718 parking spaces;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 qualifles for Class 32 categorical exemption pursuant to Section 15332 (In-Pill Development Project) of the State C:EQA Guidelines; and WHEREAS, the Development Services Directot set the time and place fox a hearing on the Project,and notice of said bearing,together with its purpose,was given by its publication in a i newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property,at least 10 days priox to the heating; and, i WHEREAS, the hearing was held at the time and place as advertised, namely 5:00 p m March 12, 2014 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the}rearing was thereafter closed 2014-04-08 Agenda Packet Page 201 .......... ........... Resolution PCIA 13 22 March 12,201 4 Page 2 NOW THEREFORE, BE 11 RESOLVED 'I'HAT IHE CHULA VISTA PLANNING COMMISSION MAKES THE FOLLOWING FINDINGS PURSUANT 10 CVMC SECTION 1914 576: PRECISE PLAN F 11NOS The Planning Commission finds by clear and convincing evidence that: SUCH PLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL 10 THE HEALTH, SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY, OR INJURIOUS 10 PROPERTY OR IMPROVEMENTS IN THE VICINIIY; The Precise Plan being requested is limited to allowing a deviation fiom existing development standards fbi building height within the existing hospital campus The hospital campus has been in development fox approximately 35 years and contains two existing ' -sting towers of 68 feet in height.. The parking structure being proposed is an important component of the ongoing medical center expansion and will ensure adequate parking for patients and medical staff-using the medical centei fkilities Therefore, its construction, along with additional support facilities, will contribute to the general well-being of the community. the packing structure will be located adjacent to or near existing hospital facilities well within the campus boundaries I he parking structure is located approximately 167 f6et from the nearest residential property located to the northeast of the project site Building design is consistent with City Design Guidelines the patkingstructure will not generate any new traffic The proposed height increase is to allow development consistent with hospital uses. Existing towers on site ate approximately 67 feet in height Fhe Project Will contribute to the well-being and general welfare of the Chula Vista residents by allowing the existing hospital fkility to opexate more efficiently to meet the needs of the Chua Vista and South Bay residents THAI SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPlICATION OF THE P MODIFYING DISTRICT AS SET FORTH IN CVM 19 56 041 the Precise Plan (P) Modifying District was attached to the C-0 zoning at the time the subject property was tezoned from R.1-H to C.0-P in Januaty, 1.990 The site has been developed as a hospital campus since approximately 1970 the hospital site had received prior approval for two hospital towers with a height of approximately 68 feet, prior to the effective date of this rezone. Given the existing hospital use, the P modifier was added tc this new zoning designation in anticipation of the need to provide future flexibility in the implementation of the underlying development 2014-04-08 Agenda Packet Page 202 ...... ..................... .......... Resolution PCM 13-22 March 12,2014 Page 3 standards of the C-0 zone, especially the ability to provide for structures which exceeded the underlying 45-foot height limit The Precise Plan will allow for flexibility in building height that will enable the site to be developed consistent with the needs of a state of the art medical facility THAI ANY EXCEP HONS GRANTED WHICH DEVIAIE FROM THE UNDERLYING ZONING REQUIREMENIS SHALL BE WARRANTED ONLY WHEN NECESSARY TO MEE1 TEE PURPOSE AND APPLICATION OF THE P PRECISE PLAN MODIPYING DISTIC'T. Exceptions to the underlying zoning requirements are wArtanted due to the fact that the site contains an existing hospital campus Stich use is unique within the C-0 zone in that hospitals usuaRy contain buildings/towers that are over 45 feet in.height The r inability for future development to exceed the current height limit of 45-foot would preclude the ability to provide necessary expansions that meet the needs of the surrounding community I i THAT APPROVAL OF TIES PLAN WILL CONFORM IO IIIE GENERAL PLAN AND THE ADOPTED POLICES OF IHE CITY F Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of the General Plan for the property and the General Plan Objective PFS 19 to provide art and culture programs, childcare facilities and health and human services that enhance the quality of life in the City of Chula Vista. A height exceeding the current height restriction of 45 feet under the GO (Administrative and Professional Office) zone,has been established by the two existing hospital towers on the campus and will allow the site to be developed consistent with the needs of the state of.the art medical facility- II ADOP LION OF PRECISE PLAN j i In light of the findings above,the Planning Commission hereby recommends that the existing building height limit of 4S feet be increased to 120 feet as for the parking structure diaDammatically represented in Exhibit "A" and described in Exhibit`B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. 2014-04-08 Agenda Packet Page 203 . . ... ....... Resolution PCM 13-22 March 12,2014 Page 4 BE 11 FUR.IHER RESOLVED BY THE PLANNING COMMISSION OF IIIE CII'Y OF CHULA VISTA THAT a copy of this Resolution be transmitted to the City Council Presented by: Appioved as to form by: Kelly Broughton,FASI A Glen R Googins birectoi of Development Services City Attoiney PASSED AND APPROVED BY THE PLANNING commissioN OF rHE CITY OF Cl IULA VISTA, CALIFORNIA,this 12th day of Mat rh,2014,by the fbIlowing vote,to-wit: AYES: NOES: ABSENT: ABSTAIN: Lisa Moctezuma, Chaii Al IEST: Patricia Laughlin Boajid Secretary 2014-04-08 Agenda Packet Page 204 .......... .... ...... ........ ..... . ..................... Veterans Homes Proposed Parking Structure (Approximate Location) Sharp Chula Vista Medical Medical Center Offices Me a[ offices Mission Appartments LOCATOR Jam- `� 0 as vil s and '------1 751 Medical Center Ct EXHIBIT "N ------A 641-010-28 Resolution PCM-13-22 2014-04-08 Agenda Packet Page 205 ......... ......... ......... ... ...... ..... .... _ .....__. EXHIBIT B Resolution PCM-13-222 PRECISE PLAN F { DEVELOPMENT STANDARDS t 3 � s Building Height: 120 Teet i k j I I 3 II I � 1 � I i i I y; I E t i j All othot development standards: Subject to the development standards contained in � the Chula Vista Municipal Code(GVMC) f I f � I I� I 1 E i e i — i i I � 2014-04-08 Agenda Packet Page 206 .... ... ...... Nanning Commission Agenda DRAFT MINUTES March 12, 20.4 Page-5- 3. PUBLIC HEARING: PCM-13-22; Consideration of a Precise Plan to allow a maximum building height of 120 feet (45 feet maximum currently allowed) to accommodate a proposed parkipg structure, to be located at the northern edge of the hospital izafW'Jid gw Applicant: Sharp Chula Vista,--Wclical Center Project Manager: Jeff Stejit%e�L1\A te Planner ssocl; lo 4F111t Ap IN, Notice of the hearing was given in accordance with leg5l-.�Aquirements, and the hearing was held on the date and no earlier than the time specified in the co ice. INTRODUCTION Sharp Chula Vista Medical iCea -6�Center (the "Applicant,") is requesting a Precise Plan (PCM) in order MN.`,�,,,W� to increase the a I Iowa Wgpt' tdifig,height from 45 feet to 120 feet within the existing campus This increase in hei.&�.,,t,'_,,would dflj6w for the development of a new six-story (seven levels) parking structure associates) new loop road) to be developed on the existing hospital M N campus (the "Project") a. located at 751 Medical Center Court on the east side . li t:e is of Medical Center Drive norfffdfim ed i65 11C Court and south of Telegraph Canyon Road, In addition to a Precise Plan, a Des'i" :W�3eylew Permit (DRC) is also required for the new parking structure (see Attachment 2-Site Plan and Elevations), The Project is subject to the consolidated permit processing provisions pursuant to Chula Vista Municipal Code (C:VMC) Section 19.14,050 (C)., Under the consolidated review process, the City Council would be reviewing and acting on the PCM and the DRC. Therefore, the Planning Commission's required action on the project will be a formal recommendation to the City Council regarding the requested Precise Plan, In addition, Planning Commission input is being sought regarding the requested DRC permit, RECOMMENDATION That the Planning Commission 1) adopt the Resolution recommending that the City Council approve the Precise Plan; and 2) provide input to the City Council regarding the requested DRC permit required for the Project. 2014-04-08 Agenda Packet Page 207 .. ....... ... ....... .. ...... ... ..... ... Planning Commission Agenda DRAFT MINUTES March 12,2014 Page-6- PROJECT ANALYSIS Existing Site Characteristics The project site is located south of Telegraph Canyon Road, east of Medical Center Drive and north of Medical Center Court.The site is atop a knoll above surrounding residential development to the south and east To the north is the Veterans Home and to the east are additional medical offices The existing campus is developed with hospital towers, convalescent care, medical offices and parking. Project Description The project proposes a Precise Plan to increase the allowable buffldirg,height for the medical center campus from 45 feet to 120 feet to allow the construction of as`r...story (seven levels) parking garage A new loop road would be constructed around'the exteror'boundaries of the campus to improve existing circulation patterns, as well as provide a vehicb a conrrection to the proposed parking structure. A DRC is also required for the parking structure. CONCLUSION As discussed previously, the proposed Precise Plan is to provide for an increase in the allowable building height limit The request is to accQm,modate a proposed six-story(seven levels) parking structure including elevator unit and architectural features. Upon completion, the proposed parking structure will provide a total of 718 ne nr parEc ng spaces and will displace an existing surface parking lot containing 117 spaces However during construction of the parking structure there will be sufficient parking mainta; ed througi out the facility. Upon completion of the Project there will be 2,354 parking spaces'ava'ilable overall. A number of design features have been incorporatcl that attempt to minimize the bulk of the parking structure. The architectural design results in the visual appearance of two separate structures-,16--o� .._a,ddJ:ion, the structure is designed to be 65% open to the surrounding environment l andscap%hgewill provide additional screening of the lower floors of the parking structt�re, .lighting along the,loop road will consist primarily of up-lighting for the landscape vegetatiob"'b,ging proposed The landscaping will also provide screening from vehicle headlights. Lighting for theparking structure will be directed inward toward the structure Therefore, staff , recomm..ends that the Planning Commission adopt the resolution recommending that the,.,. rty Council approve the Precise Plan and provide input to the City Council regarding the requested DRC permit required for the project. Jeff Steichen, Associate Planner, gave a PowerPoint presentation to the Commission which included photos of the site, elevations of the new structure, architectural elements, the loop road and location maps. Questions-Commission to Staff 2014-04-08 Agenda Packet Page 208 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-7- Q. Is this height exemption for this project only, or for future buildings on this site? A. The height allowance would be for the "property" not just this project. Q Please address the concerns from Dr. Markel's letter which refers to parking issues A The applicant did a parking study and made sure that, at every phase of the development, there would be adequate parking.. At no time will the parking ever fall below the current code level for parking.. Q. What is the construction timeframe? A. Deferred to the applicant. Q. is the parking "pay for parking" or open parking? Q How many Public Meetings were held, how many pedple atternde :ancl what was the general conversation? ; A. Concern was expressed by some of the neighbors regarding the potentfa`rvis,ual impacts created by the height and bulk. Concern was also expressed about the Iig,hfffig/glare spillage into the adjacent residential areas, as well as noise during the construction period and the hours of construction. Steichen is under the impression that all of these concerns have been addressed and that as a condition a :D-RC approval, a photometric study would be required to insure no light spillage from t, g, or loop road would extend beyond the property line/to insure no light age-,oh,to residents below. This would be required and must be reviewed and approvedw priotAb�issuance;of building permits. Q. Is the new parking structure at the same h`�J°ght as the rrredical building? A. Yes, it is, Q. Were there any requirements to have the architectural feature on the structure? A. No requirements, it was proposed by the applicants. Pat Nemeth, Vice President of Facilities for Sharp healthcare, introduced others at the meeting to include: Pablo Velez, Sharp Medical Center CEO, Ed Anderson from Barnhart- Reese Construction, and Architect Chris Veum. She gave an overview of the goals of Sharp and of what the parking structure will be like. Ed Anderson answered the question regarding the length of construction and advised the commission that it would be approximately 6 months, with possibly another month to provide the finishing touches. Livag: Questioned the architectural feature being on the parking structure He likes the loop road, appreciates the quality of the building and is not opposed to the design or elements of the structure. He feels the architectural element would be put to better use on the main building instead of the parking structure, He thinks it puts an emphasis on the wrong space. Was it ever considered for the main building to help draw attention away from the parking structure? 2014-04-08 Agenda Packet Page 209 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-8- Nemeth: This is the 3"1 project in less than 5 yews and it is not the last one. They feel this structure sets the standard for future development. The "Sharp experience" begins when you drive onto the campus and we didn't want the parking structure to be functional but look like a plain box. Nava: Why was the 120' height selected? Steichen: Since there are no other projects at this time, the extra 18 feet was added to give flexibility in the future. There was continued conversation regarding the 120' height to include other examples of where it was used in Chula Vista. Other medical campuses were also looked at There was also discussion regarding current surface parking and whether it was currently used by medical office staff, wheta'er,,.there was a restriction on parking. Medical staff in the medical cente`rbuilding and the hospital use the parking; however, visitors to the hospital cans ifthey"vish, also use the parking. Chad Moctezuma entered into the record a letter that the,Co .0ftission received from Dr Scott Markel who is opposing the project on the basis of par ;ngtl Public Hearing Opened Bill Miller, Chula Vista resident, spoke in opposition of the 120' building height. His main objections included: ■ Doesn't understand why Elie structure cannot be built under current zoning laws. i The structu-ei`arttj;future la' idings at an additional 12-20 feet will create a cluster of buildings and9 anenvirortcnpnt that the current residents did not expect when they bought their property 1's alsa afraid that it will decrease their home values -�: • Doesn't think the 500' n'dtification area is large enough. People two short blocks from where he lives did not geievnptices and it was not advertised in the paper. Note: a Public Hearing notice for this March 12th meeting was published in the Star news on February 28, 2014. • In the staff report it indicated: "... that the project qualifies for Class 32 categorical exemption. no further environmental review is necessary." Since there will be so much additional parking and a loop road just above the community, he's not sure how it will affect the environment • Since it is a residential area with apartments and codos, it would be nice if they could make the project blend in more. 2014-04-08 Agenda Packet Page 210 . ... .......... ......... ......... ...... ..... ...... Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-9- Maria del Carmen Lopez Gallo, a Chula Vista resident, also spoke in opposition and gave her following concerns: • The parking lot being up above the homes and people will be able to look down into the houses. • Is concerned about the security with so many additional parking spaces. • Even now there are a lot of car alarms going off and is concerned about more cars and more alarm noises. o • That the parking structure and any additional building will f rtruct any view that they currently have. • Is concerned about the safety of the children that play in the playground only a block or two from the loop road There was more discussion about the grade of the lot (30'-40'), where the loop road would go (above the community, not through or in it). The resident does not like the open side of the parking lot facing the community, Public Hearing Closed Commissioners Comments/Deliberations i Vinson: Where do the children play in relatio'Mto the loop road? Steichen: All of the project is above on the knoll. = re is nothing that will go in or through the community. There will be additional pedestrian enhancements _so they can,waIk around, but they will be contained on the top of the knoll Vinson ;.Thinks the pfojec is long overdue and badly needed„ He has no objections Anaya: a'ssome initial concerns, but the need seems to outweigh them. His concerns incic3 ■ Is concerned.shat this approval of this action will open it up to other buildings in the area Would prefer that every subsequent building be looked at because a blanket approval would not allow residents to voice future objections, even though the Commission will hear these types of things again and again. ■ Thinks that perhaps the current notification process needs to be reviewed. In general, the community is growing and needs this upgrade.. If it's not mitigated today there may be people parking in the neighborhoods and it will be need to be mitigated tomorrow. He supports the project. 2014-04-08 Agenda Packet Page 211 ...... ..... .... Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-10- Calvo: Has listened to the other comments and agrees it is better to build the structure now than later. As the hospital grows, hopefully it will become more of an icon than an eyesore. Nava: Also agrees with Anaya's comments, but is concerned about future projects. He would like to see them brought back individually for approval„ Steichen: Each piece of the project will have to be submitted for design review It will have to come back to the Planning Commission for approyati Nava: Project is long overdue and he generally likes the project_and thinks the construction time is good. He supports the project;; Calvo: We don't necessarily have to approve the 120 foot height forth""hole campus, do we? It was agreed that the Commission does not ne`eeCto approve the 120 foot height for everything A condition could be put in tF e�r;esol,ution limiting approval to just this project. Livag: While he appreciates the need for an iconic point, his concern is about the lighting and the tower — w11chwill bring even more light. He also is open to the 120 foot limit for this prof" want to give a blanket approval He doesn't care for the location of theitorner.. If you need it, put it to the South & West corner -- which would b( away from tie residents. We don't' have to approve the parkmg;,structure just toapprove it They could come back with another design Because of those things and his concern for the residents, he can't support the project as it now stands. Moctezuma: Supports the project She doesn't have the same problems with the tower, Suspects it is set a`s it is for the views and so that people are able to find a parking space, take Yadeep breath — which may not outweigh the imposition put on everybody else, but shodoes see the pressing need for the parking structure and for the vision°of the campus. Livag: That "moment"for one person will be a lifetime for the residents and he doesn't know if it's the right thing to do. He's not saying we don't need the structure,just that it doesn't have to be all or nothing. Moctezuma: Had to base her decision on her way of thinking and that is that it is almost certain that some of the residents have, or will, be on that campus. She does support it. ACTION: Commissioner Vinson made a motion to approve the project. 2014-04-08 Agenda Packet Page 212 Planning Commission Agenda DRAFT MINUTES March 12, 2014 Page-11- Commissioner Calvo amended the motion to limit the 120 foot height to the parking structure only, Any future height changes are to return to the Commission for approval. Commissioner Vinson restated the motion and it was seconded by Commissioner Anaya. The amended motion passed 5-1-1-0 with Livag voting nay and Fragorneno absent. 2014-04-08 Agenda Packet Page 213 ATTACHMENT 5 ISSUS RAISE, AT SHARP HOSITAL PARKING SIRUCTURE, COMMUNITY MEETING- January 3 0, 2014 (Page 1 of 2) Comment Comment Applicant/Staff Response Number Lighting Issue-When Cancer Treatment Center Applicant: We are aware of the issue; I was being constructed, neighbors below had there are lighting studies being done in light spillage into their bedrooms at night, and conjunction with the parking structure; at times it "lit up the whole neighborhood;- while structure will be lit at night, the don't want to go through that again lighting will be focused inward not outward; uplighting will be provided to illuminate landscaping along the loop road with no tall lighting standards proposed. What are the construction hours-there were a Applicant: Acknowledged that there were 2 few days when construction work on the MOB a few particular hot days for which was as early as 5:30 a m construction had begun as early as 5:30 am. and that hours of construction of the parking structure would not occur before those hours specified in the Chula Vista Municipal Code. 3 Did not receive notice of the community Notices were sent out to 500 foot radius. meeting but was told by a resident who did receive notice. Why does the parking structure need to be so Applicant-Existing hospital has set 3 high? precedent for the existing height limit. When 45 ft. height limit was imposed at the time surrounding residential development occurred, the mass of the existing hospital was already established; the requested height allows for an elevator- tower to project an additional 25+ feet in order to house mechanical equipment and as architectural feature but the bulk of structure is proposed not to exceed established height of existing buildings. 4. Why are you asking for 120 ft height limit if Applicant-we want to be prepared for- the proposed parking structure will be lower anything which happens in the future.. At than this? the same time, additions to the campus in the future will still require going through the same entitlement process through the City, except will not have to go to City Council for Precise Plan approval (will stop at Planning Commission level) 2014-04-08 Agenda Packet Page 214 .... ..... ...... .. .... ... . ..... . .. .. ....... When will construction begin and when will it Applicant-optimistically construction will 5. be completed? begin in May 2014 and be completed by end of year.. How many parking spaces will there be in the Applicant-718 parking spaces within the 6 structure? structure and 173 spaces on the ground. We think the proposed hospital will harm home Applicant- We do not anticipate any 7, values especially to those in closest additional traffic due to parking structure; proximity/potential for more cars going around we anticipate that only half of cars loop road which will negatively impact the entering the campus will utilize the loop closest homes; nuisance noise caused by car road as there are other options available; alarms going off loop road will be screened fiom adjacent residents by proposed landscaping (Photo-simulations studies shown at the meeting did not include any of the proposed landscaping which will block the view of 2-3 stories of' the parking structure at maturity) 8 What is the existing parking count? Applicant-Proposed parking would be 718 spaces in structure and 173 surface spaces. We currently have 1,746 spaces which includes 353 spaces across the strect. Why is the heliport going away? Applicant-the hospital is not a "trauma 9. center"; the heliport has gotten very little use over the past years; heliport is currently up higher than surrounding area and will be brought down (leveled) as part of construction of'the loop road. 10 Concern of visibility of the loop road If look from above you will see there is a lot of landscaping around the loop road. 2014-04-08 Agenda Packet Page 215 ._....... ......... ......... .. ......... ......... ... ...... ....... ......... . ....... .. ... . .. .... . . .. . . .. ... ..... . .. N R-12-2'014 H) 08::4 n Iiie l?, 'R acers Fr.X HIR 6,19 4'2 026 `, iii Scott Markel, M).. 750 Medical Colter-Court ,Suite 5 Chula Vist a, CA 91911 Flaming;Commission Development Services Depart- gent .Attu: ,,-, 3aff Ste chen 7 i 6 Foa-th Ave Olula Vista, CA efe3°eme case number PPM 13-22 Each tithe that Shaxp Hospital of{;hula Vista perfoms a bt hiding project:, they do so without provikbig adequate parking, fbr their eniployeas and or clients. As a.result, the pmking lot at 750 Medical. Center C:,eutt becomes filled with u�:anthotized caz°s. `"'l' s s;r�'_pples the pr-actice= of each pmetiticner in this buildii3ry.. I pr'otesi the building plans until Qie hospital cmi show far-ti proof aaat this will not happen during comstruction of-f,is project., Since Sr M a el, rC.D. 2014-04-08 Agenda Packet Page 216 Attachment 6 PRECISE PLAN DEVELOPMENT STANDARDS Building Height: 120 feet All other development standards: Subject to the development standards contained in the Chula Vista Municipal Code (CVMC) 2014-04-08 Agenda Packet Page 217 r a Fr 6b n E �n Y d -Is (L /* , , -- "I.,�1, v�-- s—, s y" E7: 1�111 , 1� $ -A ♦k Ya :���� �� 9 ig�3 fr 18 �c - I ` - k d .,rr tu �. C 5 � � 3 �S A4 ATTACHMENT 2014-04-08 Agenda Packet Pale 218 D e v e l o p m e n t S e r v i c e s D e p a r t m e n t 4 Planning Division I Development Processing CITY OF C.HUEAVISFA APPLICATION APPENDIX B ATTACHMENT 8 Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council,Planning Commission or other official legislative body of the City,a statement of disclosure of certain ownerships,financial interest, payments,and campaign contributions must be filed. The following information must be disclosed: 1 . List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g,owner,applicant,contractor,subcontractor,material supplier) Sharp Health Care (non-profit) Sharp Chula Vista Medical Center 2. If any person*identified in section 1 above is a corporation or partnership,list the names of all individuals with an investment of$2000 or more in the business (corporation/partnership) entity. 3., If any person* identified in section 1 above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee,beneficiary and trustor of the trust Sharp Healthcare Board: see attached list 4. Please identify every person, including any agents, employees,consultants,or independent contractors,whom you have authorized to represent you before the City in this matter Pat Nemeth,VP Facilities, Sharp Healthcare Chris Veum,AVRP Studios Matthew Teichner, Sharp Healthcare Melanie Barnhart, Barnhart-Reese Construction Greg Konar,Atkins West Reese, Barnhart-Reese Construction 5, Has any person *identified in 1 2., 1,or 4,above,or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No 0 If yes,briefly describe the nature of the financial interest the official**may have in this contract. Form App.B Rev 03.10 > 276 Fourth Avenue I Chula Vista California 91910 (619) 691 5101 Pg1/2 2014-04-08 Agenda Packet Page 219 .._........ ..............._ ....... . _...... ..._... ...... ... ... .......... D e v e l o p m e n t S e r v i c e s D e p a r t rn e n t 4— -- Planning Division I Development Processing CRY OF C.HUTAVISTA APPLICATION APPENDIX 8 Disclosure Statement - Page 2 6. Has any person*identified in 1„ 2, 1,or 4,above,or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past(12) months to a current member of the City of Chula Vista Council ? Yes No ■ if yes which council member? 7 Has any person *identified in 1 ,2,3, or 4.,above,or otherwise associated with this contract, project or application,provided more than$420 (or an item of equivalent value) to an official**of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient,a rebate or discount in the price of anything of value, money to retire a legal debt,gift, loan, etc) Yes No ■ If yes, which official** and what was the nature of the item provided? _ 8„ Has any person*identified in 1.,2., 3.,or 4, above, or otherwise associated with this contract, project or application, been a source of income of$500 or more to an official** of the City of Chula Vista in the past(12) months? Yes No ■ If yes,which official** and the nature of the item provided? Date (1 2 S l Signature of Contractor/Applicant i Matthew Teichner Sharo HealthCare Print or type name of Contractor/Applicant * Person is identified as:any individual,firm, co-partnership,joint venture,association, social club, fraternal organization,corporation, estate,trust, receiver, syndicate, any other county,city,municipality, district,or other political subdivision, or any other group or combination acting as a unit.. ** official includes, but is not limited to: Mayor,Council member,Planning Commissioner,Member of a board,commission or committee of the City, and City employee or staff members *** This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16,2010 10�.Bi 276 Fourth Avenue I Chula Vista California 91910 I (619) 691.5101 2014-04-08 Agenda Packet Page 220 :. ...:.... .. ... . , . .1�lY�j�tri� . Ci�mr3���Ih.iC�ti�t�� _._ . . _ _ i���r� �12 � Attention: - Jeff Steichen April 6�`` 2014 ,j Project Planner :; , � DevelopmentService Department :i a ,f City of Chula Vista i iCase Number PCM13-22/DRC 13-31 I am writing to you as a resident of the "Bella Sol" Communiiy in Chula Vista to express my concerns for the negative impact that the planned building of a - Parking garage will have on our community. ' There should be an environmental impact study done so issues such as traffic, car � alarm noise, shadowing of community from structure and other environmental :j issues are considered prior to approval of this project. .1 The opinion and concerns of the residents of our community should be :�� considered and further evaluation shouid be done by your Department prior to � approving this project. �I Sincerely, :� . � ii � ,{ . :; .,.s :i Emiliano Izaguirre _ . '=..,; `� z , ._ ;� rs,�D j�`T.2�1�4 � BeIISoI :.� ,�,;,;; -,�_,��, °; , i_r„ �. . :; ' Chula Vista, Ca 91911 ; :; : ; '� j , Kerry Bigelow _ __ ..... ,�� --_ -...-• From: David M. Lipps Sent: Monday, �oril 07, 2014 1:19 PM To: CityClerk ��; K2rry Bigelow Subject: CASE �PCM 13-22/DRC 13-31 - N07ICE OF PU3LC HEARING BY THE CIfY COUNQL O; THE CSTY OF CHULA VISTA, CALIFORNiA APR?L 8, 2014 Importance: High On Tuesda�; �pril 3th; a city councii hearin� «zll be held to approve a proposed pazking strucrure and loop road on the Sharp Chula Vista vfedical Centzr campus (Sharp). To build che sis-stor}•; 71S space pazkina _ strucrure, Sharp is requestine to increase the existinQ buildine height limit from 4� feet to 120 feet. On top of the-siY stor� parl:in� structure; will be a Z� foot [ower�vhich �iill remain illuminated throuahout the niaht. I am a resident of the Bella Sol community which encompasses 103 homzs in the Sunbow community. The parl:in� strucmre and loop road will be on the southwestem and westem bordzrs of Bella Sol. Since both the pazkin� structure and road aze on a hill approsimately 40 feet above our community; they w'ill be visible to most if not all of the homes in the Bzlla Sol comples. I am not opposed to Sharp increasin� its pazking and impro��ins vehiclz cuculation within their campus. I am conczmed that this project possess several environmentai risks to the Bzlla Sol residznces which need to be studied and considered before approvin�this project. These risks have not r'et been quantified becawe the pazkin� structure and loop road�vere made esempt from havin� an environmental review. The follo�tiin� was the rational receive in the PlamunQ Commission A�enda Statement (PCAS) for the absence of zn environmental reo�iew: "The Dzcelopment Services Director has rz�iewed the proposed project for compliance w�th the California Environmencal Qualin�Act (CEQA) and has determined that the project qualifies for Class 32 categorical esemption pursuant to the Szction 1�332 (In-Fill Development Project) of the state CEQ:� Guidelines. Thus, no furthzr environmental review is nzcessar}-." Given the pazkin� structure's heisht; close pro:cimin•; 24 hour illumination and southwescem location; the environmzntal impacts of shadowin� of homes; inhibitina the effectiveness of solaz panzls; caz alarm noise, Ii�ht spillage, and visual obstructions need to be smdied and quantified. W"ith the pazking structure; Sharp �ti�ll increase iu pazkins spaces to 2;3�4. Sharp estunated in the PC aS; that approxunatelv 50 percent of the vehicles will use the newly co�-trscced loo� road. Given the pazkias spaces and Sharp's usagz estimates; it would be_a reasonable assumption that there will now be thousands of cars per wezk that«ill ffavel on the ne�vl� constructed loop road on Bella Sol's wzscem border. This amount of��c w�arrants an environmental impact stud� to detennine traffic noise; vehicle emission; and light spillaae at niQht. On Tuesday, please require that an environmental stud}� be done on both the proposed pazking strucn.ire and loop road so that the environmental impact to thz surroundine communin- is understood before approvin� this project. Thank��ou for �ou time and consideration on this mattzr. David M. Lipps Chula Vista, CA 91911 H C 2 Kerry Bigelow From: Je��And Dzvic _ Sent: Mondzy,A�ril u7, 2014 1:22 PM To: CiyCl=rk Cc K=rry Bigelow Subjed: G4St =P�M �3-22/DRC 13-31 - NOiiCE OF PUBLC H�ARING 3Y T�= �i COWi QL OF TH= �O�CHUL;VISTA, CALI=ORNIA APRiL 8, 20i" On Tuesday,April8th; a city council hearin�will be held co approvz a proposed pazkina structwe and loop road on thz Sharp Chuta Vuta�4zdical Center campus (Sharp). To build the six-ston•, i 18 space pazking structure, Shazp is requestina to incrza;e the existin� buIldine heighc limic from 45 feet[0 120 fzec. On cop of che-six scory pazking sffucture,µ�ill be a 2i foo[to�ver which�vIll remain illuminated throu�hout the night. � I am a resident of the Bella Sol community which encompasses 103 homes in the Sunbow community. Thz pazkin�scruccure a�d loop road will be on the southw'estem and westem borders of Bella Sol. Since both the pazkin�structure and road a;e on a hill appro.�cimately 40 feet above our community, they wIll bz visible to most if not all of the homes in the Bella Sol complex. . I am uo[opposed to Sharp inereuing its pazking and improvin�vehicle circularion within their campus. I am concemed that this projecc possess several enviroamental risks to thz Bella Sol residences which need to be srudied and considered before approving this projzc[. These risla have not yet been quanrified because the parkine s�ucnue and loop road were made exempt from havine an zo�iroamental re�lew. 'Ihe followine�vu the rational rzceive in the Planning Commission Aaenda Scacemenc(PCAS) for the absznce of an env'vonmeotat review: "The Development Services Director has revieued thz proposed project for compliance with the California E¢vironmental Quality �cc(CEQA)and has determined that the projecc qualifizs for Class 32 categorical exemprion pursuaot co the Secrioo 15332 (In-Fill Dzcelopment Projec[)of the state CEQA Guidelinzs. Thus,no fw-cher environmental review is necessary." Giveo[he parkine saucture's hei�ht close prorimin,2��hour illuminarion and southwescem locacion,the en�ironmental impaccs of shadowine of homes, inhibirin�the effzcriveoess of solar panels, car alarm noise, liohe spillaQe, and�isual obstructioas need co be scudied and quantified. �Vich the pazking suucture, Sharp«�ll increasz its pazldn�spaces to 2,35�3. Sharp estimaced in thz PCAS,chaz appro�cimatelv=0 percent of the vehicles wi11 use the newh�coosn'uctzd loop road. Given the parking spaces and Sharp's waee escimaczs,it w�ould be a reasonable assumption that there will oow be chousands of cars per week that will travel on the newly conscuctzd loop road on Bzlla Sol's wes[em border. Ihis amount of aaffic warranu an envuo�nental impac[study to determine uaffic noisz;vehicle emission,and li�c spillage a[oi�ht. On Tuesday, pleaze require that an envuonmenul stud��be doue on both the proposed parkine s�ucture and loop road so thac [he znv'uonmental impacc to che surroundina community is understood before approvin�chis project. ` Thank vou for vour time and considerarion on this maccer. Jeffzrv S. Pinl:ley Chula Vista, CA 91911 H� , Kem� Bigelow Subjed: ;4V: S��arp rospi:�l - ?CM i�-22/7'C 13_;i From: william millzr [mailto: Sent: Ntonday, April 07, 2014 11:24 AM To: CityClerk Cc:� Subject: Sharp Hospiial - PCht 13-22/DRC 13-31 Conncil Mzmbzrs: On Tuesday, r�.pril 8th; a cit� council hearina will be held co zpprove a proposed pazking s�cnLr: and loop road on the Sharp Chula V is��4edical Center campus (Shar�). To build thz six-stor}•; 718 space pazking s'u�ucrure; Sharp is rzquestin�to increase the existing buildinQ heiaht limii from 4� fzet to 120 izet. On top of chz-si� story pazkin? strucnue; �vill be a 2� foot tower which �v°ill remain illuminated throughout ihe ni�hi. I am a rzsident of the Bella Sol community which encompasses 103 homes in che Sunbo�v community. The pazking strucrure and loop road will be on the southwestem and wzstem borders of Bella Sol. Since both the pazking structure and road aze on a hill approsimatel�� 40 feet above our community; the� «ill be visible to most if not all of the homes in thz Bella Sol complex. I am not opposed to Sharp increasinQ its parkinQ and impro��inQ vzhicle circulation wzthin rhzi�campas. I am concemed that this project posszss sevzral eno�ironmzntal risks to thz Bzlla Sol residences which need to bz studied and considzrzd before approvin� this project. These risks have not ��zt been quantified bzcawe the pazkin� su-ucture and loop road were made esempt from having an enviroamental rz�-izw. The following was the rational reeeive in the Plannin� Couunission Asenda Statzmenc (PCAS) for the absznce of an znvironmental revie�v: � . "The Dzvelopment Ser��ces Duector has reviewed the proposed project for compliance«�th thz Califoraia Environmental Qualit�Acc (CEQa) and has detemuned that the project qualifies for Glass 32 catzgorical eszmption pursuant to the Section 1�332 (In-Fill Development Project) of the state CEQA Guidelines: Thus, no funher environmental re�ie�r is nzcessar��." Gi�zn the pazkins suucture's height close proximity, 24 hour illuminarion and south�vzstem locarion, che encironmental impaccs of shado«ine of homes, inhibitins thz effectiveness of solaz pa�els; car alazn noisz, light spillasz; and �isual obstruccions nzed to be srudied and quantified. R%i�h the pazking structurz, Sharp will incre�se its parkino s�ac2S SO �,J�'�. S�13IIJ 2Sil2Il2t2� 1R LI72 PC�S, tI12i appro�cimatelv �0 percent of che vehicles w�ill use the new1� const_*ucted loop road. Given che oarking spaces and Shasp's usaQe estimaczs; ic would be a reasonable assumption thac rhere will no�v be theusa�ds of cars per week that w�ill cavzl on the ne�vl� constructed loop road on Bzlla Sol's wzstem border. This amount oi ffaf[ic �varants an environmzntal impacc studv ro determine trz�!c noise; vehiclz emission, znd li�t spillaQe a: ni�t. On Tuesda?, pleasz requr: *ra: an en�uo�eaal � �d� be done on bo*h vhe proposed nar'iin_ s�ucm:: aad IOOD IO2C �0 i12i i�2 zII�7i0'i_TIl2Li?1 1ILF72CL i0 Lh2 Sll.iQ�'�Gy4 CO�u"II � �t?- is v*�dersooe be:o�: 3DPIOVLa L�'il� �:eizct. Thank vou ior vour time and considera�ion on this matt�r. Bi11 vliller Bz11a Sol Rzsident and Board vleriber z Kerry Bigelow From: �lizabeth Brigos on behalt of CiyClerk Sent: Monday, April 07, 2014 2:�3 ?M To: Kerry Bigelow, Sheree Kansas;Je�Steichen Subjed: FW: Sharp Hospital --czse�ile no. PCM 13-22/��RC �3-31 Snarp correspondenc> — From: Steven Ray [mailto _� Sent: Monday, April 07, 2014 2:21 PM To: CityClerk Cc: Kerry Bigelow Subjed: Sharp Hospital --case file no. PCM 13-22/DRC 13-31 AorEl 3, ?D54 . � To: Adh�or dnd EsL=err»Cau�ci':m_�P'i1�3275, C�Iiy'Clc^Pk :�rorr� �zve h:ay. Sunbo��r�s�dani aad forrnac natfa So4 3oard?Jember 8u?rjeCt Sna.2 H�spr,�t G2S2 rtls ldo. PGFA 33-?�tDRC i3-3i As a residan;an,�k hom�ov�mer in FS�a zrea near f�e,�ropose.� projscE siFZ, 1 u�rould e+��;r:laie your vor.sid���o�of rn+concerrs and recrr.-�mendauors , � s�m.�iari�4�l bela,,v. I u��e�st2ru zhat firt::ings are cr�ciaf io j�g a�y�publ3c�c����nd.�4�es�on ihus�T:ad��n L'�=P3:nni� Comsz�:sion action �nd��f r=poR. t. The hei�ht and bul?c o<<nG prvpos� parking to�a�er w�i3i d�trac�4em o:,'��rvJise pke.asant and sx�pti�nai vi�vur of!he oc�an,Gflronado 6siige 2nd rrtofB atSt�Ci"tVe sligh-r2SE'S oB dPwnt��rin�n Die��Yr�m r1��proR`-'nY' �nd aihets. The:;e�ic7er�tial qua?i'y on many stre2ts wi;l aEso be Fys:c�ed by�Iler svcacture�s)v�sble aho+%e homes. It is irFcor,2ct�y st2ted in 2ha stafi report to die P[anning Gorr�mission�at a�me�;i�:J cent�r prc(i°rty is_hicher tf:an alE surrwmdis�g r�iden.ial proazrties. �.9y prope�YVis h?�her. ln addi�oB,°v�n aYu��a1 fow�r eiEVa�a�are asfectrd by�c tzller structur�abowe. 2 Thera has bcen no�a�al �r.;:iysis t�_a the Pla�anir;� Depi.,de:pi�E concsrrts r2isa� aI ihz G?mmu���y A�t�tirr�_ Proj�:t cons�l2a.nis we;e givzn 2 pheb Af a viety 6t il�hpgo�'.al proper.�frorn ny hous>, afi2r � a;�e:ing to provide some isi�u;on_tite�isuaf imp:cE [�fone�rtas provide� in ��- ;ettt_ri� A s��c p�u�n�6t f2ndsc2pe 2rchite�or arti;who�Es fami�iar with � si,e tevaf; zrn�i an¢les oi v+evt and perspeCtiv�p;i��pr�pa=tEies. ' 3. StFY se°r:s E�iiave a4roided input tnai ah2 recenJp�B�¢ilt m��ca9 b�i9ding os unattractive and maa Sharp care b�eapecszd fo bv3[�o�htrs similar*.�it, not only �Iockhig vicw•a bu.aisa c eating unat�rac�ve ar�es. �±as��e City'� des�n revie•.v actvaqy€mp:�v�� :,m�;hing frGm wh�:av�s orig§caaEly prcpnsad? .. i�ere is no ef�oA:nade Fa addr�s Coricems raised a.1he Co:fVT�urtity - rr�eetiro Sp shieEd tigh�^� =_�:en f�or?wr�`�in the par?cing strucfur2, �uui as by�r+c, a�gled inuv2r�larte�n�:or ofhcr archiiec�ra?S�e�c�irtg [o cover oaen arezs o^e;.«rio;u�a�1�. 2 _. F,do�c�e:i�r�:[�7 ik:!t n�i oniy dr:�,x:a vvi�"t uni:�u�a;y visK���`ugher proparti�s;r�viil reduce�njvy-rrn-o!c��.L• �:ix�,i_a., siars��d 45JCrtomi,:�E obsati�aaon,air aq, 5, i ne 52�J�ooi-�li: fiehi�tov.er se�cru 4�c�cr'ss�ry '�-id:vd!�^�i�]p ha se2n by�c.�v r�io u�•s, noi prorrtde cir.cfian�h��i[�1 o°Ero�loaking for fn2^,,arf:cr_ s��C•u:?as�1is�e:�5y ti�a prcj��prapa�2:��_ Di�ecflonal sigrting wa�!Id a�:ccpli�� 7. Tie in•��=z o+�a'�ing sp-�s�,om th2 �,a2o re�ui:�a by Ciy dev�l�m��t s�ndaros 4.�_�-aa�r-� num�e;c,2,35=,�viLhoit any sddriona!ho_?;:al�aro ar r�3ica1 o��i�s s��ts unrtac�ry. =�,��re ce�e3oflm��:s�`twld ba;e:S�trPd ai ihe sa�tin=�s suc:�a rK jor Fro�sal as�s p3r'r.i�a str�uc.ur=. 8. To my kn[nti•!a'�yz,-th°C�liio�r:i�cm�ironr_:r�;Q�atiy Act r€i,a's:es�.`�� lead 2gsncies,ci�es, revi�•r li`e°impacts of�e:rvh��e d a projs v noi ju�t p7ec2e�wa1 p-�pp5�ls_ ihe y;o�»sal urKler ca;udera±ion s�rns onM a pi�o��ee:l �,a=i6er�e��. �;��c Sh2:p�vzr�t-�,°to have excta��4.'�nc availa�!=, h�r caufo une fTO:G6�C`.aK�i°f iI1I5 C0:1�iiialiCZ IUIUlES GiO.�fus1 7i1 - - LfiB fliet127� .. � - -- . Not e�a��°entire rie�i:,31 cr,�tes prope�es ar�und�r cort;ider�3on(not outfined as r..=tc a'tt� p,a}=_ci s�w)�+r.h this pra�2};and pu�lic�c�:ce dqes�o:seem�o have t+'-°n�;ovided on:he b�,i;of the 6istznce�om �he baundy.•i2s oi chz er.tire pya=rty b�t;a:h�jc�:the parc�a:5 t,,�irn. th=p=_rky� s�uc7a��s�o���. 1 wottld noi�2�,2re cs�.e p;oposal 2zNpt(or cununued cont:��v.�.n a 3-lla Sol Ea�ri_M��np�r_ PJso, I �akeve C-QA do-s n�i 2fl•�w Eh� eppG�tion of ceEaoo;ic23 exd:sic:cs, s�ch a;�e a,>proposed in th�p�aj�ct.when�h=*a is a-ty doubt li�2i 7�prejzct mw not rasul:i�a siy.zin�.,.r c"r,'�ti�n L'� environm�,� Can Utie ur'-.,:*�in;�!exem��on zven be consider�if thy P�1�r�y can!ribut2 to�u�er im,�la�ned ocvelop�ant? � 9- 3;7�a[f6iti:�rt,.i.le�efkirlg Su'4��:z co�ld conlor,n to cuirt�nt heient 6mi^s ard � . still subst��ti��!u improv= par.ina op:�o�s for�'�°hosp'r�:l iz�iiiii�. � � ln�i;�.�s�:G!tfe t12i"t�kiE wt.t1 5ii:l;.bo�[300 :u�fe s�'ces:or consid�;�u�c3g more Fa;king Izv=_ke und=_m:oi»d. .- tO.Tture is alsa c��t=rn to: �°_:o�;s artd�fieC on solzr aM_�s to ne��+y r�sidenc�.. �__six�t�y"�c 720 f� i;gn i�J'-vc;v.�ill fIEE�?C 0° Cpf151:�E.'2�T21�:il`J�i0 fu�SIGh°T°(°l'ai:OCl. �J°C72i1}'iU(1E2.i�^••V�Crit.S:O 3 ih2 rtartn rr� �a�i3 So4?fJ?aso to ci�-+er:��a�. 7laere h2s b�en no s;�ade•'vhatiow a�t2l�"aiS bq i1i°F78n?:rtG D2°�r7t2rPt� t 7.f_:once�for rraisa is��°aa-icing a�u.,�ure w�asa riszd�;tYia comr`unin rnECrc3:�e�irvm car a3am no�se refs�.[�d our�karc and d�umward froas Lhe nad-surf��d c�[I��ar,s un eac�, �arking 6et%ef. 32.GCSrrern was atso ra�s� ��£ti�e commumly meeting nr the g�so,nased loa� ro2d a�d i�s ef�eCS in nearby residen�. T3iey2 pc�e�}ial i�n�iacts inc6uefil �at�c r.oise, ligh�2xhausi,�p.�lif'nt=missions and sa:zty;esc�eclatty enh L`se�te�i Ft;w d2Eivery�ehicl=s,em=_reertcy v�hi:.fa:s,art�i h2zardous w�.ie ca!tection. 13.Tail s7ucWre�' RE�r the iop c��+z h;ll, can sub:a�ntiaa9y areet winds ir�ih� �;�_. ��tuaily res�t�ng in higher+,vin�gusts. in summan�, pl�ase con;�dz:these recorrimen�iatrons: A. ;�4antaining current hYigyt EimiFs E?. F.edua�q s�'�° =rnoun�of prop�ea narkivia arrd/oF provi�ing it und�rgroun�. C. Screen:h=op°n �X�riw ivalL;of tha parking ievzls,a-�d generaiEy a�eiding ,ny incr�a in e�arior Gg�.ting io rraint2in darR s�as in ihe Fr�a. D_ Hirni�ating th�7igi�ed tov:=r. ii a w,:er;s neede�Eor m2chanaca� c:qu�pmerR, it�hbu3d reSpc'C:�e currarat heigtA��mi1�rx5 not�e i�hted. E. G-iv�n the abs:nce of any�rvironm,;ntat str�dy, eonduci ahe ioiFpwing s�csees-er.afvsis oi visual ttripFGt,nai:�,Solar zGCS�', [ight a�nd gla�e, sh�:�eJSt�2dnw�s.dark skies. micro-elimateA+•��nd paY�sns, and��ehicula ' � �-�i�sior:s. � � � � . . . .. =. °eviewing propnsed��r1:1ng n�wi�n anlicipated t��arc deueld�m�it � Tha�k yeu iar your 2tt��nU�n ip�is. � �^iL'VV"' iiHy . . ' �f 4 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0115, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PUBLIC LIBRARY STRATEGIC VISION PLAN AND ACCOMPANYING LIBRARY STRATEGIC FACILITIES PLAN (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Public Library is currently operating under a Library Facility Master Plan that was adopted in 1998. In 2010 the City contracted with Group 4 Architecture Planning and Research (Group 4) to develop a new Library Strategic Facilities Plan. The project's scope was to address two issues. The first was to validate the GMOC standard of 0.5 square foot per capita threshold for library space needed to keep pace with population growth. The second was to consider the best location and design of future library facilities that would be relevant and sustainable. Options for library facilities development were examined in accordance with the current General Plan, patterns and preferences of current users, and reasonably expected future service given the dramatic changes in public library trends, expectations, capabilities, and challenges. The Library Strategic Facilities Plan was brought forward for Council consideration on July 19, 2011 . At that time Council asked that consideration of the plan be postponed. This created an opportunity to incorporate two additional elements into the Library Strategic Facilities Plan. The first was an evaluation of the trendsetting Otay Ranch Branch Library "express branch" model - smaller, more flexible, using different service concepts, embedded in a retail environment, which opened on April 2012. The second was a response to Council request for a more overarching vision of what library service could be in the 21 st century. Group 4 was retained to conduct a Strategic Visioning process in fall of 2013 resulting in a companion piece to the original Library Strategic Facilities Plan. Once the strategic directions for library services in Chula Vista over the next decade were established, the project team revisited the 2011 Strategic Facilities Plan in order to adjust and update the recommendations as needed. 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 (adoption of the Strategic Vision Plan and Strategic Facilities Plan) falls under a statutory exemption pursuant to Section 15262 (Feasibility and Planning Studies) of the State CEQA Guidelines because the action is only adoption of the Plans and does not include approval of any library facilities at this time. In the future when library facility project(s) are defined additional environmental review will be completed prior to commencing any project. BOARD/COMMISSION RECOMMENDATION City of Chula Vista Page 1 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet powered by Leg age 221 File#: 14-0115, Item#: 13. The Board of Library Trustees supports the Library Strategic Vision Plan and the Library Strategic Facilities Plan. The Board of Library Trustees wishes to note that the strategic plan is the minimum for the library and is not what is necessary to fulfill its role and vision. DISCUSSION The goals for the 2013 Strategic Vision Plan included: Confirming the Library's role as a relevant, responsive and effective service provider today and in the future Positioning the library to take advantage of development, funding and partnership opportunities Ensuring the Library's long-term vitality and sustainability Creating a clear, transparent and implementable vision for services and facilities that elected leadership, community stakeholders and Chula Vista citizens will support The vision builds on the work of the 2011 Strategic Facilities Plan. The library leadership team, consultants, and a stakeholder-based Community Advisory Committee worked closely to review and confirm findings and recommendations in a collaborative process that developed a shared vision for the library's role in Chula Vista's future. This visioning document, together with the research and observations of the Library Strategic Facilities Plan, together present a collaborative vision for future library service and facilities options that could support it. Consideration was also given to reaffirming the space threshold identified in 2011. Library space planning targets are not universal, but are established based on each community's unique characteristics, needs, and opportunities. In 1998, the Chula Vista Public Library established a library space planning target of 500 to 600 square feet per 1,000 Chula Vista residents. In the 2011 Strategic Facilities Plan, this target range was confirmed through analysis of the community's library service needs, the Library's organizational capacity, and anticipated capital development opportunities. The service priorities established in the recent CVPL Strategic Vision Plan suggest a renewed emphasis on services and space for people in the library - such as individual and collaborative work/study space, classroom/training facilities, and large meeting/program space. However, as collections shift from physical to digital, it is anticipated that CVPL's libraries will be able to accommodate additional space for people without needing to increase the overall library space planning target. As such, 500 to 600 square feet per 1,000 population continues to be an appropriate planning target for libraries in Chula Vista. Chula Vista's target library planning range is consistent with other California communities with comparable population and geographic profiles, such as Escondido, Anaheim, and the communities served by the San Diego County Library. By contrast, smaller communities such as National City tend to have a higher ratio of library space per capita, while large urban communities such as Sacramento and San Jose tend to have a lower library space planning target. DECISION-MAKER CONFLICT City of Chula Vista Page 2 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 222 File#: 14-0115, Item#: 13. 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 Library Strategic Vision Plan and the Library Strategic Facilities Plan support all five goals. Operational Excellence is supported by the plan's analysis of the most cost effective service models utilizing partnerships, leveraged resources, and a wide array of cost effective strategies. The plans support the Economic Vitality goal in ensuring that the library continues to provide broadband access and meeting spaces for job applicants, small and home businesses and entrepreneurs, and promotes early literacy, school success leading to high school graduation and job readiness, key elements in community prosperity. The plans support Healthy Communities by strengthening the library in its role of respected resource for reliable consumer information and programs on health and medicine, and for fostering the self-directed learning, enrichment, socialization, and self-improvement that contributes to increased mental and emotional health. The plans support Strong and Secure Neighborhoods by ensuring that the library continues as a safe and wholesome alternative for youth during critical afterschool hours. The plans support Connected Communities by validating the library as a key community source for free broadband internet access, computer training and assistance, through its free venues for community engagement, and its many programs that enable networking, engagement and mutual support. CURRENT YEAR FISCAL IMPACT The Chula Vista Public Library Strategic Vision Plan and accompanying Strategic Facilities Plan are designed to be implemented in future years and are not anticipated to have current year fiscal impacts to the General Fund. ONGOING FISCAL IMPACT The City's Public Facilities Development Impact Fee (PFDIF) program will be the primary funding source for the one-time capital expenditures identified in the Strategic Visioning Plan and Strategic Facilities Plan; the General Fund will be the funding source for any associated operating costs. The current PFDIF program includes the construction of an additional 60,000 square feet of library space. The next comprehensive update of the PFDIF program will identify the level of capital program financial support required from both the General Fund and the PFDIF. This determination will consider the extent to which facility construction/expansion is required to serve existing development, versus facilities required to serve new development only. This analysis will only be required if the option to replace and expand the existing Civic Center Library branch is pursued. All other facilities considered in the Strategic Visioning and Strategic Facilities plans would be fully funded via the PFDIF. Once any cost sharing between the City and the PFDIF is determined, the new development related facilities will be added to the PFDIF program fee calculation. PFDIF funds cannot be used to fund operating expenses; those expenses must be supported by the General Fund. General Fund operating costs associated with the Proposed Strategic Visioining Plan City of Chula Vista Page 3 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 223 File#: 14-0115, Item#: 13. and Strategic Facilities Plan will be included in the City's Five-Year Financial Forecast, along with offsetting revenues anticipated to be generated by the associated development projects (Millenia, Bayfront and University Villages). ATTACHMENTS • Resolution • CVPL Strategic Vision Plan (February 2014) • CVPL Strategic Facilities Plan (April 2011) City of Chula Vista Page 4 of 4 Printed on 4/3/2014 2014-04-08 Agenda Packet Page 224 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PUBLIC LIBRARY STRATEGIC VISION PLAN AND ACCOMPANYING LIBRARY STRATEGIC FACILITIES PLAN Whereas, the Chula Vista Public Library is currently operating under a Library Facilities Master Plan that was adopted in 1998; and Whereas, in 2010 the City contracted with Group 4 Architecture Planning and Research (Group 4) to develop a new Library Strategic Facilities Plan; and Whereas, the project's scope was to address two issues, the first being to validate the GMOC standard of 500 square feet per 1000 residents threshold for library space needed to keep pace with population growth, and the second being to consider the best location and design of future library facilities that would be relevant and sustainable; and Whereas, options for library facilities development were examined in accordance with the current General Plan, patterns and preferences of current users, and reasonably expected future service given the dramatic changes in public library trends, expectations, capabilities, and challenges; and Whereas, the Library Strategic Facilities Plan was brought forward for Council consideration on July 19, 2011; and Whereas, at that time Council asked that consideration of the plan be postponed, creating an opportunity to incorporate two additional elements into the Library Strategic Facilities Plan. The first being an evaluation of the trendsetting Otay Ranch Branch Library "express branch" model, and the second being a response to Council request for a more overarching vision of what library service could be in the 21s` century; and Whereas, Group 4 was retained to conduct a Strategic Visioning process in fall of 2013 resulting in a companion piece to the original 2011 Library Strategic Facilities Plan; and Whereas, the goals for the 2013 Strategic Vision Plan included confirming the Library's role as a relevant, responsive and effective service provider today and in the future; positioning the library to take advantage of development, funding and partnership opportunities; ensuring the Library's long-term vitality and sustainability; creating a clear, transparent and implementable vision for services and facilities that elected leadership, community stakeholders and Chula Vista citizens will support; and 2014-04-08 Agenda Packet Page 225 Resolution No. Page 2 Whereas, the Library Strategic Vision Plan vision builds on the work of the 2011 Strategic Facilities Plan; and Whereas, consideration was also given to reaffirming the space threshold of 500 to 600 square feet per 1000 Chula Vista residents, as identified in 2011 and as is consistent with other California communities with comparable population and geographic profiles. Now, therefore, be it resolved by the City Council of the City of Chula Vista, that it adopts the Chula Vista Public Library Strategic Vision Plan and accompanying Library Strategic Facilities plan, 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 Betty Waznis Glen R. Googins Library Director City Attorney 2014-04-08 Agenda Packet Page 226 ;IJ t Chula Vista Public Library Strategic Vision Plan February 2014 FINAL REPORT '1 •• eyed f/ I l� • ••i000 N1 Oi0 5 iK W 0NU M • -A IOrAI • SECV�� (<IMKn'�P[y nd h19h.u�I,3 U of eE ^�NL�•• • • ae yT •ee,u.NvaM rous�n•r •ea a 1Mu<il�� mseao�lA ^� � ACESS • e .Na<OWY 6f1eF0�y3ea — -..I .F�r.Wu L�'�ON�uD a Htte'xc. • ntv U t Oc�asPeue�"A � � LINKING t NIr�N�C�W�� . J Ek�r71 N h • 000% �USrAINWE�uvuM6 As •MEQUA'TE p,'&,� ~, j p NECESSN To CARRY W �£SOUpc4 To I n Til y5� CSC 5£R`nCES ••• ammuNrrY's ., �O \ V✓ r::1 t6mklbcro}e<I`b�an nerds�oeu�s eviloi. 1 CG R O U P 4 2014-04-08 Agenda Packet Page 227 G R O U P 4 I A R C H I T E C T U R E R E S E A R C H P L A N N I N G , I N C 211 LINDEN AVENUE r 1 SO. SAN FRANCISCO : C A 9 4 0 8 0 U S A T: 650.871 .0709 F: 6 5 0.8 7 1 . 7 9 1 1 13423-01 2014-04-08 Agenda Packet Page 228 LIBRARY VISION Y f trr �y A 4 ..rx•'�° — nr 4y b INTRODUCTION In 2013,the City of Chula Vista commissioned a Strategic Vision Plan to guide the Chula Vista Public Library's service directions over the next decade. This Strategic Vision Plan is a companion volume to CVPL's 2011 Strategic Facilities Plan,which set the direction for sustainable library facilities in Chula Vista. Goals for the Strategic Vision Plan included: • Confirming the Library's role as a relevant,responsive, and effective service provider today and in the future; • Positioning the Library to take advantage of development, funding, and partnership opportunities; • Ensuring the Library's long-term vitality and sustainability; and • Creating a clear,transparent,and implementable vision for services and facilities that elected leadership,community stakeholders, and Chula Vista citizens will support. This study builds upon the work from the 2011 Strategic Facilities Plan.The planning consultant,Group 4 Architecture, Research+Planning,Inc.,worked closely with CVPL's leadership team and a stakeholder-based Community Advisory Committee to review and confirm findings and recommendations.At the heart of the process was a day-long Strategic Visioning Workshop in which city, library, and community leaders and stakeholders collaborated to develop a shared vision for CVPL's role in Chula Vista's future. This report summarizes the community's vision for the Chula Vista Public Library,strategic directions for library services and facilities, and associated updates to the Strategic Facilities Plan.More information about project methodology and participation is included later in this report. Chula Vista Public Library Strategic Vision Plan 1 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 229 LIBRARY VISION STRATEGIC DIRECTIONS �►� The community's vision for the future of the Chula Vista Public Library is: ■ a nucleus of learning, culture, and recreation; ■ a catalyst for innovation,business, and growth; and ■ a vital and robust community partner. Nucleus of Learning,Culture,and Recreation Chula Vistans see their library not as a building full of books, but as a true "The Library is an institution community hub for whole-life enrichment.A central mission for the Library for evolving to meet the diverse more than a century has been educational support for all ages.The community needs of the community." believes strongly in the value and relevance of the Library's role in lifelong —SVW participant learning,and sees an opportunity for CVPL to evolve to support new directions in education. As educational institutions adapt to more collaborative and experiential modes of learning,the Library will focus on providing the resources, technology,and space where students can come together to continue learning outside of the classroom.The Library will facilitate all modes of learning,from lecture-style to collaborative study to hands-on experimentation. The Library will become an important local partner for distance education, providing facilities and even content for all ages. Chula Vistans embrace a shared community identity that transcends ethnicity, language,and socioeconomic circumstance.The Library is uniquely positioned to bring people together for shared social,cultural,and recreational pursuits.In particular,the community sees an opportunity for CVPL to add value through tailored recommendations for materials,resources,and programs,and to create new physical and virtual customer networks based on shared interests. The community also sees an opportunity for the Library to leverage technology and partnerships in order to expand community access to resources beyond the library's walls. ®® meetyar"dLnerLiterary ®® Speed Qdting Catalyst for Innovation,Business,and Growth P: LIL- Friday,Feb,12 w Key to the City of Chula Vista's plan for the future is strengthening its employment and economic center. This vision includes attracting businesses to Chula Vista,providing support to help local businesses grow and thrive,and ( developing a skilled and competitive workforce. The Library will be a strong partner for the City and the community in building — this economic vision. Strategies to support small, local, and home-based t businesses include providing access to conference space, collaborative work spaces, up-to-date technology, and other resources as well as with market information, technical research, and related consulting services. The Library Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 230 LIBRARY VISION 9 h S iw - R,1_- • - L L will build capacity, resources, and partnerships for training in technology, literacy, and other skills to support local workforce development needs. More and more communities across the nation are realizing that a strong library can be a powerful economic stimulus.A great library attracts hundreds or even thousands of customers per day—customers who may also take advantage of other shopping,culinary,entertainment,and recreational amenities located nearby. Chula Vista's Otay Ranch Branch Library is an excellent example of how a library can provide an economic boost;in a 2012 survey,more than half of respondents said that they would probably visit other Otay Ranch Town Center businesses more often now that the library is located there. Real estate developers are also keenly aware of how a strong library can enhance home values. Vital and Robust Community Partner Chula Vistans strongly believe that continued investment in CVPL— including in the professional development and wellness of library staff—is a critical building block of the community's sustainable future. They cherish the Library not just as an essential resource for materials and services,but also as an organization of staff and volunteers who care deeply about providing high-quality service to the community. Concern about the welfare of CVPL and its staff in the face of recent budget cuts has been a recurring theme from stakeholders and the community during the development of both the Strategic Facilities Plan and the Strategic Vision Plan,along with enthusiastic appreciation for how much staff have been able to achieve with extremely limited resources. CVPL partners with a wide variety of public,private,and non-profit entities to provide literacy,school readiness,education, and other complementary programs to shared service populations.Expanded staff capacity and resources will allow CVPL to further expand and develop such partnerships to benefit library customers and the community. Chula Vista Public Library Strategic Vision Plan 3 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 231 LIBRARY VISION — LIBRARY SERVICES AND FACILITIES VISION rEOr0;..mn • • Vzy �{cceSSibl� • Distinct visions and themes that arose during the course of the development of .ONUME,/N/fi[SON a z�w>ff�y • the Strategic Vision Plan include: �pey. w/OP,a� dNr� • •• • ■ Providing access to library services at the time and place of need; c"Ck .a beak • • • .av/7 111� 1 ------ ■ A social forum that creates community connections around topics of shared interest; ■ Personalized service, such as content recommendations tailored to individual preferences and borrowing history: "The future of libraries is about . A distinct brand that elevates the Library's profile in the community and transformation, communicates its value; not just information. —SVW participant . An experience of place – both physical and virtual – that is inviting, engaging,welcoming, and inspiring; ■ Tiers of service, even offering opportunities for revenue generation at Now I enhanced levels; and 0189% 0 ■ A sustainable organization with excellent staff, ample funding for SUSTAINABLE �FUND/NG As , resources and operations, and mutually-beneficial partnerships. A 14tc essz-ry To CAGY OUT In general,the community's vision for CVPL facilities is attractive,comfortable, 0 • and well-maintained buildings that are flexible and can accommodate growth and change in library services and community needs over time.Along with the proposed strategic service directions,this vision for facilities suggests new types of spaces and furnishings;greater capacity and flexibility;and furnishings and finishes that can accommodate increased use and resist wear. A p,,A Mu�TI-LiruAL ��� °=- sfor • Libli, �w � T•�. _._ emu xi _✓.... ��•�• L16.ay n¢<ds�crea♦e an T STAFF w� • nwiA4-in shoo Saw /ebflonsh,p wHI In14sb uf!RwL••• CeI�nU'farY°rd.nlll eFERS°1Ur&-E'KN��EAPIF�� • ......._....., 6�brpf� S Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 232 LIBRARY VISION - I KEEP— NC �. _--- KEEP LEARNINGI ■ P MORE THAN BOOKS! CVPL's sustainable system strategy of destination libraries provides the opportunity for each CVPL branch to focus on specific elements of the Strategic Vision. • The Civic Center Branch presents a strong opportunity to focus on being a Catalyst of Innovation, Business, and Growth. Its proximity to Chula Vista's civic center and downtown commercial core make it an ideal location for services, space, and technology to support local entrepreneurs and the business community. Civic Center Branch would be a vital community resource for state-of-the-art meeting, training, and conference facilities— and could even provide a source of revenue. • South Chula Vista Branch presents an opportunity to emphasize the Nucleus of Learning,Culture,and Recreation.It is already a community destination for social and recreational activities—particularly for teens—as well as for literacy and learning. It provides a variety of spaces for library and community programs,cultural events,and recreational activities, as well as gallery space for display of community art and exhibits.And architecturally the building is a vibrant expression of community culture both inside and outside. • The Strategic Facilities Plan recommends adding a third destination library to build capacity and expand access in east Chula Vista.Depending on community needs and priorities when the new facility comes online,this new branch could focus on a single strategic direction or take a balanced approach to providing services and resources. • While the community develops the funding to build and operate a new destination library in east Chula Vista,the Otay Ranch Branch continues to be a vital and popular resource for learning,culture,and recreation library services in this part of the city. Chula Vista Public Library Strategic Vision Plan 5 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 233 STRATEGIC VISIONING WORKSHOP a i I ► 1 STRATEGIC VISIONING WORKSHOP What will Chula Vista be like in the future, and what role should the Library play in bringing the community's needs,aspirations,goals,and vision to life? T This was the challenge presented to participants in CVPL's Strategic Visioning Workshop.On September 12,2013,Chula Vista community leaders,City staff, Library staff,Library stakeholders,and representatives from local and regional public agencies, private businesses, and non-profit organizations gathered at the Montevalle Recreation Center to speculate on how the Library could align its services and facilities to support the community's vision. Group 4 principal and library planner David Schnee and renowned library futurist Joan Frye Williams led the group through a series of focused activities to develop ideas about the future using backcasting, avatars, and metaphors to encourage visionary thinking. Participants were invited to approach each activity from the perspectives of Service,Technology,Value,and Partnerships. During lunch, presentations by Williams and Schnee provided participants with perspectives on how libraries in other communities are evolving to meet the challenge of the future. Chula Vista's Marketing and Communications ManagerAnne Steinberger also gave a presentation about future economic and community development directions in Chula Vista. By the end of the event,participants had developed a variety of shared concepts, themes, and visions for their Chula Vista Public Library. 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Un 7�- Chula Vista Public Library Strategic Vision Plan 7 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 235 STRATEGIC VISIONING WORKSHOP bwp ALTERNATIVE FUTURE LIBRARIES u&✓E� r sm c Lnca+w,� After the opening activities,participants took part in a"metaphors"brainstorming i° exercise.Working in small groups,participants discussed the attributes of local Nm S and national destinations,brands,and services and how these might apply to a future library's potential qualities and characteristics. Small groups then came rRRPi9 Pt4 PoNSE—Nn-R.i n1E '�000m Nr� P� tnR '� together to select the best metaphors from each of the workshop's themes 'A"'*+S MNDa and combine them into "hypothetical future libraries"representing those key n e oM attributes. Each hypothetical future library was given a name by its creators .,.J rezwrt.s�RozG Ntn Shv, d Ewa and presented to all participants for discussion. ,mod 4' " Empower Beyond We've Got Hometown Sustainable House Borders Something Connection Open Access #imagination For You Resources #WGSFY #SOAR Service Chula Vista Chula Vista Netflix Nordstrom Fire Department Fire Department REI Google airBNB farmers market Value iPhone Whole Foods Trader Joe's Trader Joe's sustainable podcast design UTC Aerospace Rotary International Technology health and GPS GPS Pandora MOOC wellness Sweetwater UHSD nanotechnology solar power Partnerships Olympic Rotary Living Coast South Bay Kaiser Training Center International Discovery Center Community Services Permanente CV Charitable Foundation Southwestern College CVPD Home Depot Summary Strengthening An essential Fast, The best of Flexible, statement community community convenient, traditional and accessible, and through service that and affordable new services sustainable expanded brings people resources in a with Chula services for all access to together to comfortable Vista's unique physical and share interests and inviting local stamp virtual services and ideas setting Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 236 STRATEGIC VISIONING WORKSHOP $�0v do 6D II!C- UVI` I �� ✓l�r 1 + � V I I �7'✓ ��.G..VV4�) �-7 UN � FUTURE VISIONS The final activity of the workshop was the development of future library visions. In table groups,participants began by brainstorming vision statements according to each of the four workshop themes: Service,Technology, Partnerships, and Value.Tables then came together and selected the ten statements they felt best captured their vision of CVPL's future.The four"Top 10"lists were presented to all workshop participants,who then used dots to vote on which statements — from any theme — that they felt best captured the vision of Chula Vista's future library. Based on the polling, facilitator Joan Frye Williams led the entire group in a discussion of the overall themes and visions: Community Nucleus Library available at point of need '` I' i •, _ ,�; ■ Library as facilitator and collaborator ■ Library as nucleus for community partnerships Diversification of Access ■ Library is both physical and virtual ■ 24/7 availability ■ Services available through personal devices, such as an app for checking out books ■ Library programs accessible online, such as live streaming children's storytimes Chula Vista Public Library Strategic Vision Plan 9 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 237 STRATEGIC VISIONING WORKSHOP Top 10 visions for PARTNERSHIP j Top 10 visions for TECHNOLOGY for Top 10 visions for VALUE for Chula Vista Public Library � Chula Vista Public Library __. __-J ¢ Chula Vista Public Library < F i, ti abn s 6 I i• • • • « 6 I Pecnl Taro"� i�,i c 6 y •„q,•"• •••�(”Li�^�S�s: A.e.., •• ,dr Multi ` ( o...,a' •.. •:••Fot+^`',shiPS .. s-r<^^•• Mew 1Yxa • •' • • • cl 7 4, yH.,,<,.....r in Ibr..r� • _ r • w + + + fi..,sr,,x✓..,�- < -lw,..<a.,<, rn�N a°,.• (henllh pronoere)••• •�.,n�`�••• • 3 r ¢,R ,rri req y d 8 3 _..- llsee r' Col�lnruliuo(nr+n�.�snR' - w.vfi-.�r ��Far � • Wo OrCft �, ro nwx,m�orrcv fo • �+-Vie, x�7 p sosu,M«, « -- 9 -• 4 ••• q dnr • 4 • M� '10 9 4 ,C�<i vrE..k "�-,ua„y -Ikrau no"+ 1Le T+u + I(on�" ,�«.�q.6>/.;,ayE �,m.,.c/ /o-,u• -F'4ad+` yi°s°I =M • • • go mange —_ • 5 mcan,� ,n w t� 'a P" o s • 5 _ • ,./�>r/, �4 4�e AM I L Great Experience=Repeat Customers • '� • •u60 �.«uNw • , , ■ Library as a fun,cool, and hip place to be ■ A non judgmental,neutral,reputable,equitable,and responsive sanctuary Al — . Timeless and Contemporary Now and forever Flexible and adaptable=relevant Vision-focused and mission-driven mux�—°FWOiMS Ip•AtF.a<+c Multiuse for the Whole Family b ,b Learning, socializing,and recreation 5 .��� X10 ■ Close to (or even providing!) shopping, hair/nail care, medical services, banking.... Same Organization,Changing Service • Library is about transformation,not just information • Like the Fire Department,the Library adapts to meet evolving needs,but always remains an essential community service Investment in a Sustainable Future • Investment in the library—funding is necessary to carry out services • Investment in staff—well-trained staff are tech-savvy, engaging, helpful, personable,and knowledgeable • Investment in the community—working toward a shared vision of Chula Vista's future Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 238 STRATEGIC VISIONING WORKSHOP AFTER THE WORKSHOP CMN&Iob GN>�PJI�IN(� 5�r�c�s The themes, priorities, and visions developed in the Strategic Visioning � rYr wry w��o Workshop formed a strong foundation and framework for the development of huA���b� the strategic directions for the Chula Vista Public Library. The concepts and IT priorities identified at the workshop were brought to the Community Advisory Committee for review and confirmation, and then refined and developed into the strategic directions that will guide CVPL over the next decade. P DUI LJI�� {WJAR�SS+- 1f q SI lJ G EKPE�rl}"7i cv C_' V'artF�f Nom r a Chula Vista Public Library Strategic Vision Plan 11 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 239 NEXT STEPS NEXT STEPS This Strategic Vision Plan is intended as a guide for the Library in planning its services,facilities,partnerships,and resources over the next decade.The scope of this study was to identify strategic directions for the Library based on a big- picture look at CVPL's organization and resources, Chula Vista's community and economic development outlook,and evolving national directions in library services and technology. It was beyond the scope of this study to prepare a comprehensive needs assessment,detailed recommendations for services and facilities,or an implementation plan. Next steps for the Library relative to the Strategic Vision Plan may include: "Chula Vista is on the move . developing a detailed Plan of Service with specific goals, objectives, and the Library is in on the leading edge." strategies, actions,metrics, and milestones; —SVW participant ■ developing a detailed assessment of facility conditions and opportunities at South Chula Vista and Civic Center branches to support the Strategic Vision; and ■ identifying the additional staff,funding,and partnerships that will be needed to move forward with the Strategic Vision. �/`Iu6o,l/eraucer4r�� All of these proposed strategic service directions will require additional resources to develop and implement,from staffing and operations,to materials /6�z�icr�•�ra/err a� • cfy and technology, to facilities and infrastructure. CVPL is already operating • •• •• • beyond its maximum capacity as a result of drastic budget cuts in recent years. In order to keep the lights on and the doors open to the community,the Library has made significant deferrals in investments in collections, technology, staff development,and facilities maintenance.There is simply no further fat to trim. Without a meaningful increase in available funding, CVPL will be severely disadvantaged in its ability to support the community's vision for library services. Where many other libraries in the United States are still working through the transition from a traditional, staff-intensive service model, CVPL is ahead of the game in terms of adopting a streamlined operational model that leverages C� fl���/aic�accers creative and innovative strategies for maximum efficiency. Throughout the /Y e4l6'7� e� ZK/7 economic challenges in recent years, the Library has successfully developed cc// an organizational culture of innovation and dedication to efficient,high-quality service.This culture—and the community's high regard for the Library—will be a powerful foundation for CVPL in moving forward with the Strategic Vision. Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 240 LIBRARY AND COMMUNITY PROFILE COMMUNITY AND LIBRARY PROFILE r JAJAu,,irrrrsori!� � Chula Vista is... COMMUNITY PROFILE Ag<a�ng`amm°^`" Since 2000 Chula Vista has grown faster than either the San Diego County or 10r"°`" the state average, adding more than 40% more residents since the turn of the 21 st century to reach today's population of approximately 252,000.Chula Vista is culturally and economically diverse, a community with many families and businesses that live and work on both sides of the border. Nearly 60% of the city's population is Hispanic,and about 14%are Asian(predominantly Filipino); • almost a third of residents are foreign-born. Chula Vista is a hard-working Chula Vista is community, with a higher percent of working-age citizens in the workforce, -Ads�'#CO m-ity higher median income, and higher median worker earnings than the state average. Chula Vista is also a relatively young community,with the strongest %.,b.w.b=^. .. da„.•=_^ population growth in recent years in the youth and working adult age groups. There are some geographic differences across the community.Western Chula Vista is long-established and more historic,with a higher proportion of older residents and lower-income community members.Eastern Chula Vista features newer suburbs and planned communities, with a mix of young families and "• empty-nesters. Chula Vista i -Ayoung community.. -Medim ope �-, Chula Vista's strong population growth trend is projected to continue,increasing - Prove fad aga another 17% or so by 2030 and to as many as 340,000 people by 2050. The ,w.,..,,.65, City anticipates that about half of this growth will occur west of the I-805 as a aK" °' result of the planned new Bayfront development and associated revitalization of downtown Chula Vista and surrounding neighborhoods. The other half of this growth will occur through continued development of central and east Chula Vista. Chula Vista is... -A family-oriented community Demographic trends anticipated in association with population growth in Chula a%n,M1eu..bnM•ero mm;ed ®'.� -•••a Vista include: oM.. xd,b Seloiires Mon v w.y. • Increasing diversity.The Hispanic community is expected to continue to grow both in numbers and as a percentage of the overall population.Chula Vista's Asian and black populations are anticipated to grow proportionate to overall population growth. • An aging population. SANDAG predicts that growth in the youth and • working adult age groups will slow significantly in the future, while the Chula Vista is... over-65 population will experience stronger growth. -A--nity°nfb°m- 7 ....1byp , m® Il%ummu,e by<wpool r,- �� • Increasing competition for jobs and housing. SANDAG predicts that growth in both housing and jobs in the San Diego region will lag behind Btu 1 r population increases in the coming decades. Chula Vista Public Library Strategic Vision Plan 13 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 241 LIBRARY AND COMMUNITY PROFILE Recent economic impacts Patterns of library use Otav Ranch Branch opens 2012 xa Crcalafion xxo Open Hours Crc Jl joo Gate count _3380 +47% +4% +35% 300 Gate Court xao -45% 1x0 80 x Staff HE Budget Open Hours _- -74% -46% -27% e 40 Service Service Sniff FTE Budget ulafion Populafion +2% -11% +2% _ hryle0en A! 0uya Veers OewhNe Yells MpuWee H[ aixlFat Ileea Oeulefsn YWtlesea x10,000 x14,010 x14 x10,04 x10,04 xH"Y x14"4 xtY x10"4 x10"4 LIBRARY PROFILE In the face of significant reductions in financial and staff resources in recent years,the Chula Vista Public Library has proved itself to be a highly agile,adaptable,and creative organization.There is a strong culture of innovation in looking for better and more efficient ways to provide service, with ideas welcomed from staff at all levels. Complementing the Library's aptitude for experimentation is a willingness to cut losses quickly and learn from the experience of an unsuccessful experiment. Staff at all levels are recognized both internally and by the public as enthusiastic,creative,and committed to excellent customer service. One staff member commented that the"Library knows how to stretch a dollar."But CVPL's dollars have been stretched as far as they can go. The lack of sufficient funds for programs, materials, and staff severely limits CVPL's ability to provide core library services to the community. • CVPL's budget per capita for new materials is less than a fifth of the state average.As a result,the aging collection loses relevance—and community interest—with each passing year. There is a heavy reliance on the generosity of the Friends of Chula Vista Library,the CVPL Foundation,and individual donors to augment the collection,but these donations are only a fraction of what is needed to provide the community with high-quality and relevant materials. • Chula Vista spends less per capita on library services than any other community in San Diego County. CVPL also has the lowest rates of library use per capita in the county,including library visits and materials circulation. • Staff training and development has been deferred since the mid-2000s. Library leadership is concerned about the lack of exposure to new ideas about how library services and service delivery are evolving in other communities. • Staffing cuts in recent years have been based on seniority,which has created a staff profile with a long average career at CVPL.There is concern about the number of staff who are within five years of retirement,and the Library's ability to develop and/or attract new people with the right skills and experience. Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 242 LIBRARY AND COMMUNITY PROFILE � 1 P FIENDS OF fHf CHU,ylsr4 LIBR4AY Chula ylats�q "People are aware that 81912 j0r�� funding is essential." xAa Cht�,j�v. I 25-23 —SVW participant ' 1 e uI'Z`c-Lr�,a,),c� - !zd,'ioo 'L 003234LL Ptr123 �Y -".Q c Y CVPL depends heavily on partnerships to supplement limited resources. t: Significant donations from the Chula Vista Public Library Foundation have helped CVPL with projects such furniture for the Otay Ranch Branch, and -�f ongoing contributions from the Friends of Chula Vista Library are critical for supplementing the Library's budget for materials and services.CVPL also has enthusiastic long-time supporters in the local business community who provide in-kind donations such as supplies,equipment,and even vehicles. CVPL also maintains partnerships with other entities who have similar service missions and target customer populations. While the enthusiasm and commitment to providing enhanced services is there on both sides, CVPL's ability to participate in such partnerships — and benefit from them — is also materially limited by its available resources.hi some cases,CVPL simply doesn't have enough staff available to take the Library's expertise and materials on the road to provide services at partner locations.In other cases,CVPL's facilities lack "Traditional ideas and perceptions the space or infrastructure needed to host partner organizations and programs. about the library are changing." —SVW participant Chula Vista Public Library Strategic Vision Plan 15 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 243 STRATEGIC FACILITIES PLAN UPDATE STRATEGIC FACILITIES PLAN UPDATES Once the strategic directions for library service in Chula Vista over the next decade were established,the project team revisited the 2011 Strategic Facilities Plan in order to adjust and update the recommendations as needed. GEOGRAPHIC LIBRARY USE PATTERNS UPDATE The Strategic Facilities Plan included a geographic analysis of library use in Chula Vista.Based on materials circulation data from one week in early August 2010,maps were generated showing where customers live relative to the libraries they use.Combined with responses to the 2010 community survey about travel patterns,this mapping analysis confirmed that Chula Vistans are highly mobile, and move freely throughout the city to access the library services that best meet their needs.This mapping analysis also showed that the Eastlake Branch was not adequately serving residents of eastern Chula Vista, and supported the recommendation that resources from Eastlake be reallocated to a new branch at Otay Ranch Town Center. This analysis was revisited for the Strategic Vision Plan,using data from one week in early August 2013—almost exactly three years after than the original analysis. The revised maps showed that geographic patterns of use for Civic Center Branch and South Chula Vista Branch today are similar to what they were three years ago,and that Chula Vistans continue to travel to the library that best meets their needs rather than the one that may be closest to their home. The biggest difference from three years ago is that residents of eastern Chula Vista are now willing to travel further to the new Otay Ranch Branch than they were to the former Eastlake Branch.Although the Otay Ranch Branch is less than half the size of its predecessor,its more prominent site and co-location with a significant community destination are key to increased levels of community access and customer use. This mapping analysis is consistent with a 2012 survey in which nearly two-thirds of respondents said they would probably visit the library more often now that it is located in Otay Ranch Town Center. SPACE PLANNING TARGETS UPDATE An almost universal measure in planning libraries is the ratio of library space to population. However, there is no universally-accepted standard or guideline for what the actual ratio should be.Each library determines its own appropriate level based on its service population, organizational profile, and available resources. In 1998 the City of Chula Vista developed a library facilities master plan that proposed a library space target of 500 to 600 square feet per 1,000 Chula Vista residents.This library space planning target was subsequently adopted by the City's Growth Management Oversight Commission(GMOC)as a threshold measure for monitoring library service levels. Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 244 STRATEGIC FACILITIES PLAN UPDATE • The map at left was created using • a" CVPL circulation data from one ♦ . week in August 2013. • --� - _ nJ• :4 . y • . s• .r The location of each small dot �� •• • on +r • \ •; +• represents the home address �''�"'� ': •�_ of a customer who checked out uie.-6nte-�i�Jra' -'� •� .�• •' •; + materials that week, while the •; •+ •�. * t color of the dot corresponds to the •. : . • •, �+; ••• ti.• s branch that the customer used. • • • `. •,`:.••• + •� an•c +' rary This map shows that Chula ''+ • ; '• •y,! i �• Vistans travel freely throughout ~ • .+ � _+ the community to access services S ' '• . ,; . ! •_' _,� at the library that best meets their L' Vi 9 gary• needs. lose out a o,:: The 2011 Strategic Facilities Plan confirmed that this space planning target continues to be appropriate for Chula Vista, based on considerations such as: • CVPL is in the top 15%of libraries in California by service population size; • Chula Vista spends the least amount on library services per capita of any community in San Diego County, and has one of the lowest allocations in the state; • CVPL's system strategy emphasizes fewer, larger libraries that are more space efficient than a system with many smaller branches; and • CVPL has(or has the opportunity to develop)strong partnerships with a wide range of public,private,and non-profit organizations providing complementary services to similar target populations. The City of Chula Vista projects a community buildout population of approximately 340,000,which it anticipates reaching between 2030 and 2050 depending on the rate of development.This buildout population and timeline is similar to what was used for the 2011 Strategic Facilities Plan.As such,the calculation of the need for approximately 60,000 additional square feet of library space in Chula Vista to meet the needs of the buildout population is confirmed. Chula Vista Public Library Strategic Vision Plan 17 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 245 STRATEGIC FACILITIES PLAN UPDATE Principles for Facilities Planning SUSTAINABLE SYSTEM STRATEGY Staff costsare the greatest expense in operating libraries Fewer larger libraries can deliver more service at lower The Strategic Facilities Plan established principles and guidelines for developing costdue tostaffingand space efficiencies and maintaining sustainable library facilities in Chula Vista,including: Larger libraries can be zoned for flexible operations to extend open hours at lower staff cost ■ Large "destination" libraries provide greater service to the community than small branches. Chula Vista's Civic Center Branch and South Chula Vista Branch don't just offer more breadth and depth of collection and ®� technology; they also allocate more space for people — for individual reading,collaborative work,and large group activities and programs.They provide the economies of scale in resources, space, and staff to serve as a citywide destination,as evidenced by customer mapping in both 2010 and 2013.And because they are effective at drawing citizens from throughout the city,destination libraries offer the opportunity to provide unique areas of focus at each location—such as one branch focused on arts and music, Former Service Concept and another focused on entrepreneurs and business—rather than providing Libraries in each sector everything at every location. ■ Larger libraries also tend be more cost-effective to operate than smaller °"g •a° ®�aar • branches, as they leverage the ability of staff to cover a large floor area. .r Although all of Chula Vista's libraries operate very efficiently,Civic Center •®ma^ and South Chula Vista are proportionately less expensive to staff than Otay ®' Ranch Branch on a per-square-foot basis. ■ Characteristics of a successful library site include a high-profile location along a well-traveled route, close to other community amenities, and accessible by public transit.The success of the Otay Ranch Branch is a prime example of how co-location with another popular community destination can boost public access to the library. FACILITY RECOMMENDATIONS UPDATE New System Concept—Long Term The Strategic Facilities Plan found that South Chula Vista Branch and Civic Fewer,larger libraries for sustainable operations _ Center Branch are both well-located destination libraries consistent with Chula " Vista's sustainable library system plan. It recommended maintaining these _ two destination library facilities,and building long-term capacity by adding a " a third destination library in east Chula Vista. The Strategic Facilities Plan also supported the operation of an express facility at the Otay Ranch Town Center as ®°a ' an interim measure to boost service in east Chula Vista until the third destination library could be implemented. It should be noted that detailed assessment of CVPL's current facilities was beyond the scope of this study. The description of specific conditions and opportunities at existing facilities is based on general observations during site visits as well as on anecdotal information from CVPL staff and community members. Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 246 STRATEGIC FACILITIES PLAN UPDATE Civic Center Branch Since the Strategic Facilities Plan, Civic Center Branch has had some minor interior renovations,such as to remove the former Information/Reference desk to create more public seating.The City has also had to address some deferred maintenance projects at the Civic Center Branch, such as broken pipes in the nearly 40-year-old plumbing system. Furniture and interior finishes show signs of wear. The building's power/data infrastructure cannot accommodate the growing demand for technology. Staff report increasing requests from customers for collaborative work/study space as well as for flexible program/ Civic Center Branch classroom space. The Civic Center Branch was originally designed for a much larger staff complement than CVPL has today, and there are opportunities to renovate the building to increase the amount of space available to the public within the existing building.Upstairs,there is the potential to consolidate the branch staff work areas and reallocate the surplus for public use,such as group study/meeting rooms and flexible program space. Other renovation opportunities include revitalizing interior furnishings and finishes; installing service model updates to enhance operational efficiency and customer self-service;and upgrading the data/power infrastructure to support additional library-and customer-provided technology. The lower level of the Civic Center Branch houses significantly fewer Library Administration,Technical Services,and other systemwide support staff than it Civic Center Branch did even a decade ago.There is a lot of room downstairs that may be available for conversion to public use. The space could also provide opportunities for partnerships such as with the Chula Vista Elementary School District,which is looking for space for a new charter school. The Civic Center Branch site also offers opportunities for expansion. The Strategic Facilities Plan recommends an additional 60,000 square feet of library space to serve Chula Vista's buildout population. Given the importance of this facility for both core library services and the new strategic service directions, it may be appropriate to consider providing additional capacity at this location. Expanding the Civic Center Branch could also allow the new branch in east Chula Vista to be more appropriately scaled for the population in that part of the city. Options for expanding the Civic Center Branch would need to ensure that the building could still be operated efficiently without additional staff. As a matter of due diligence,the City may wish to investigate the relative costs and benefits of entirely replacing the Civic Center Branch on its current site. Library Administration, central services, and building support The cost of bringing the aging structure up to meet current seismic, energy, areas are located on the lower and accessibility code requirements — in addition to life-cycle replacement level of the Civic Center Branch. of major building systems — may approach the costs to replace the building with new construction.New construction could also better reflect and support Chula Vista's vision of modern library service,strategic service directions,and sustainable operations. Chula Vista Public Library Strategic Vision Plan 19 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 247 STRATEGIC FACILITIES PLAN UPDATE South Chula Vista Branch The South Chula Vista Branch is approaching its 20th anniversary.In addition to the typical maintenance and life-cycle replacement projects that are typical for a building of this age,there are opportunities to improve the South Chula Vista Branch from the perspective of library operations and service.The building was designed for a traditional service model including multiple large staff desks that the Library can no longer afford to operate. The distance of the literacy/ program room wing from other areas of the library also presents operations n = and supervision challenges;staff describe it as trying to run"two libraries with one staff."The building's data/power infrastructure limits the ability to support additional library or customer-provided technology. Its structural system and walls also are suspected to be at the root of a continuing challenge to provide adequate wi-fi coverage throughout the library. Otay Ranch Branch South Chula Vista Branch New since the Strategic Facilities Plan is the branch at the Otay Ranch Town Center in east Chula Vista.Funded through a combination of grants and donated funds,the Otay Ranch Branch opened in 2012 and was an immediate success. Not only did it outperform the former Eastlake Branch (which was more than twice the size), but it also led an overall citywide increase in materials circulation, library visits, and program attendance between 2012 and 2013, even while levels at the City's other library facilities lagged. The Otay Ranch Branch also garnered local and national attention and honors for innovative partnerships,excellence in library service,and responsible use of public funds. The Otay Ranch Branch occupies a 3,500 square foot retail space adjacent to the food court. The branch provides a bit of everything: collection materials, Otay Ranch Branch computers, seating,and even a group study room.The little library achieves a higher level of service by extending wifi coverage and permitting customers to take reading materials out into the food court seating area. Support spaces such as mechanical rooms, custodial facilities, and restrooms are shared with other tenant spaces. The Otay Ranch Town Center has made an adjacent tenant space available to the Library for library and community programs.At this writing,the City is initiating a project to renovate and furnish the approximately 2,000 square foot space. Design concept for new CVPL Community Room at Otay Ranch Town Center Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 248 STRATEGIC FACILITIES PLAN UPDATE New East Chula Vista Branch The 2011 Strategic Facilities Plan confirmed the need for a new branch library to serve east Chula Vista,proposing that it be developed east of CA-125 in order T . to maximize service to this underserved area of the city.As of this writing,the City has looked at a variety of opportunities. R ■ The City has an agreement with McMillin Companies to operate a branch library in a 30,000 square foot space in the 210-acre mixed-use Millenia Proposed Millenia development development. The development timeline for the phase that includes the proposed library has not yet been confirmed, but McMillin Companies reportedly remains very interested in pursuing this partnership with CVPL. • CVPL's 1998 master plan had proposed meeting the needs of east Chula "The Library connects me to Vista residents with a new 30,000 square foot branch in Rancho del Rey. my community, my country, Capital funding could not be secured and the project was put on hold over and the world. a decade ago. —SVW participant • There have been informal discussions about developing a joint library with Southwestern College at its campus in central Chula Vista. The success of joint public/academic libraries is closely tied to issues of visibility, accessibility, and proximity to other community amenities. A successful example of this model is San Jose's main public library,which is operated � - jointly with San Jose State University on a high-profile site in downtown San Jose. A less successful example was the temporary CVPL branch at Eastlake High School,which suffered from a low-profile campus location not easily visible or accessible to the community. It was beyond the scope of this study to conduct a detailed assessment of these or Design concept for other specific opportunities for new library facilities in Chula Vista.The Strategic Rancho del Rey Branch Facilities Plan recommends guidelines for size and location that the City can use to assess whether these or other opportunities for proposed new facilities may be successful,cost-effective, and sustainable solutions for Chula Vista. It should also be noted that CVPL's current budget and staffing levels cannot accommodate the addition of a new branch library—of any size,in any location — without making significant cuts in other areas of the library system. Any proposed opportunity for new facilities, even if provided in partnership with another entity, will need to be accompanied by new funding for operations, staffing,materials, and technology. Southwestern College Chula Vista Public Library Strategic Vision Plan 21 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 249 METHODOLOGY AND PARTICIPATION PROJECT METHODOLOGY AND PARTICIPATION The Strategic Vision Plan was initiated in the late summer of 2013 and was completed in early 2014. Stakeholder and community outreach included an all-day Strategic Visioning Workshop held in September 2013.Two workshops u" M were held with a Community Advisory Committee in October and December .'aus(uiM1wn�:marl(nrcnrmseF mmmw4n) H • y'^''^nny spe 2013 to confirm findings and provide additional input. Project review and oversight was provided by a Project Management Team(PMT)comprising the Library's Director and members of the leadership team,who met with Group 4 at key project intervals. PARTICIPATION Fw � :ex=an�anernm,bn,c,�in ,�,�.�°tea Community Advisory Committee Christy Albon,Friends of Chula Vista Library Arlene Atkinson,Laubach Literacy Council of SD County,Inc. Kelley Bacon,City of Chula Vista Jeannie Barnes,Board of Library Trustees Paulina Bobenrieth,County Health&Human Services Agency Lu Bucknell,PEO Sisterhood/Inner Wheel Lisa Davis,High Tech High Zaneta Encarnacion,The San Diego Foundation Sandi Gonzalez,Altrusa Club of Chula Vista Mandy Mills,City of Chula Vista Maria Kachadoorian,City of Chula Vista Mark Livag,Friends of Parks and Recreation Donna Moss,Edward Jones Jason Paguio,Cultural Arts Commission Carmen Richardson,Chula Vista Public Library Foundation Jim Sandoval,City of Chula Vista Matt Tessier,Chula Vista Elementary School District Rachel Vigil-Garcia,American Center for Learning Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 250 METHODOLOGY AND PARTICIPATION Strategic Visioning Workshop ! Arlene Atkinson,Laubach Literacy Council of SD County,Inc. Kelley Bacon,City of Chula Vista T a, Jeannie Barnes,Board of Library Trustees Ed Batchelder,City of Chula Vista Paulina Bobenrieth,County Health&Human Services Agency =� �? Lu Bucknell,PEO Sisterhood/Inner Wheel Lisa Butler,Chula Vista Elementary School District Suzanne Catanzaro,Bonita Country Day School Jose Cruz, San Diego Council on Literacy David Damico, Sweetwater Union High School District Zaneta Encarnacion,The San Diego Foundation Francisco Escobedo,Chula Vista Elementary School District Christina Glick,Chula Vista Public Library Foundation Sandi Gonzalez,Altrusa Club of Chula Vista Glen Googins,City of Chula Vista Cindy Greenbaum,Chula Vista Public Library Foundation Luanne Hulsizer,Third Avenue Village Association Maria Kachadoorian,City of Chula Vista , Jeff Kover, Sweetwater Union High School District la Lillian Leopold, Southwestern College Christopher Lewis,McMillin Realty Mark Livag,Friends of Parks and Recreation Stephanie Loney,Chula Vista Public Library Jackie Macias,Chula Vista Public Library Imozelle McVeigh,Friends of the Chula Vista Library Michael Meacham,City of Chula VIsta Tina Medina,Otay Ranch Town Center Tara Milbrand,Reach Out and Read San Diego Mandy Mills,City of Chula Vista Donna Moss,Edward Jones Veronica Nogueira, San Diego Padres Patrice O'Halloran,Altrusa Club of Chula Vista Jason Paguio,Cultural Arts Commission Carmen Richardson,Chula Vista Public Library Foundation Charlene Sapien,Chula Vista Public Library Foundation Jodie Sawina,Chula Vista Public Library Mink Stavenga, Southwestern College Anne Steinberger,City of Chula Vista Shauna Stokes,Friends of the Chula Vista Library Debbie Taylor,Chula Vista Public Library Matt Tessier,Chula Vista Elementary School District Rachel Vigil-Garcia,American Center for Learning Betty Waznis,Chula Vista Public Library Joy Whatley,Chula Vista Public Library Tina Williams, South Bay Family YMCA Brian Young, Board of Library Trustees Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 251 ACKNOWLEDGMENTS ACKNOWLEDGMENTS •inaucaq Ifxr¢cy�n MaM'H/y i!.use u� •Gwfi'�e physu.c ua�irux,+wt in lib✓Y Project Management Team Betty Waznis,Chula Vista Public Library e Q �� Stephanie Loney,Chula Vista Public Library A Jodie Sawina,Chula Vista Public Library Su �'ra� Yeelin Cheung,Chula Vista Public Library Debbie Taylor,Chula Vista Public Library Joy Whatley,Chula Vista Public Library Library and City Resources Shaun Ellis, Supervisor III,City of Chula Vista Department of Recreation Lorenda Lee,GIS Specialist,City of Chula Vista Natalie Vega,Chula Vista Public Library Group 4 Architecture,Research+Planning,Inc. David Schnee AIA AICP LEEDAP 211 Linden Avenue Jill Eyres LEEDAP South San Francisco,CA 94080 650.871.0709 www.g4arch.com Library Consultant/Futurist Joan Frye Williams www jfwilliams.com � �.�e°��5 Inkmm�s(u.m nm wom pmur n<d�. Vr+d CFfvG � IXxr,�(lYUbhtn p faMMV&elulirn io l4eP(uN�Fdye Efkumt.to^pra�n Fyucnrn�Popr - 'Imi'gqfwn�� &ardr�-(pNnwdin�-WlveUal� 6aufi(ul mVlmmeM 'j �Irg-oL�lilu a(s(✓ikc pktolk4lRtln 1 uwh�nl�J G Chula Vista Public Library Strategic Vision Plan 20 February 2014 — FINAL REPORT 2014-04-08 Agenda Packet Page 252 CHULA VISTA PUBLIC LIBRARY t STRATEGIC FACILITIES PLAN APRIL 201 1 II i ;f. 2014-04-08 Agenda Packet Page 253 . . G R O U P 4 MORIS A R C H I T E C T U RE R E S E A R C H t PLAN N I N G, I N C 2014-04-08 Agenda Packet Page 254 EXECUTIVE SUMMARY EXECUTIVE SUMMARY i Despite predictions that the Internet would make them irrelevant, public libraries are busier than ever—a phenomenon that is demonstrated daily at the Chula Vista Public Library. For more than a century, CVPL has played a vital role in the community,providing significant civic, cultural, 1 educational,and economic value to residents,visitors, and the workforce. CVPL currently operates three libraries to serve its population, which has grown particularly rapidly in recent years. Previous CVPL facilities master plans have recommended the development of permanent library facilities in east Chula Vista.Funding constraints in recent years,however, o have delayed major planned facilities projects. As a result, for the past — _- six years Chula Vista's council-appointed Growth Management Oversight Committee (GMOC) has noted a deficit of library space relative to the City's established threshold standards. In 2010, the City commissioned a Civic Center Branch Library strategic facilities plan for the Chula Vista Public Library to identify ways to improve the library service delivery to the community, particularly to residents of east Chula Vista. Information gathering and analysis included review of documents and "Be open 24 hours a day." data supplied by the Chula Vista Public Library, library site visits and survey participant, in observation, outreach to Chula Vista residents and community leaders, response to What would you and inreach to CVPL and City administration and staff.New data sources change about the library?" included a web-based customer survey and GIS maps of library circulation data. Data findings include: • The Chula Vista Public Library is highly valued and well used by the community.Residents appreciate the Library and would like increased access to services and materials. -- • Despite reductions in funding,CVPL has continued to provide a high level of service through creative resource reallocation and new service innovations such as increased customer self-service opportunities. • The Chula Vista population is mobile,traveling freely throughout the South Chula Vista Branch Library city for library services. • The Civic Center Branch and the South Chula Vista Branch are significant destination libraries that draw customers from throughout Chula Vista as well as from beyond the city limits both north and south. These two libraries serve residents of west and central Chula Vista particularly well. Chula Vista Public Library Strategic Facilities Plan 1 Final Report—April 2011 2014-04-08 Agenda Packet Page 255 EXECUTIVE SUMMARY • East Chula Vista residents do not use the library as often as those living west of CA-125.The Eastlake Branch is an important link to library service for residents of east Chula Vista,but its limited hours and location within a high school campus effectively restrict accessibility to the general population. Recognizing that economic recovery may delay the City's ability to take on major projects for the next 10 years or more,this strategic plan makes recommendations for both the long-term and the"interim."For the purposes of this plan, "long-term"is defined as after the year 2020. • The City's library space standard of 500 to 600 square feet of library space per 1,000 residents is confirmed as a long-term objective. • The Civic Center Branch and the South Chula Vista Branch are excellent resources and should be maintained. They are important "destination" libraries that offer significant collections, programs, and space to serve customers from throughout the city. Expansion is not needed at this time, although the Civic Center Branch could benefit from renovation in the future to increase the amount of available public space and support increased flexibility in operations. • Based on the projected buildout population, there is a need for at least another 60,000 square feet of library space at the 500 SF/1,000 population threshold level, and even more to meet the target service standard. This amount of space represents the correction of the current deficit of library space as well as the additional space that will be needed to accommodate population growth. • The additional needed library square footage can be developed as multiple smaller branches(as recommended in prior master plans), or as one large "destination" library, which would be the most cost-effective strategy in terms of both capital and operating costs. As CVPL's operating budget has been significantly reduced and capital funding is not currently available,the City does not need to make this decision at this time.The options can be evaluated when capital and operating funds become available. • Additional measures such as mall outlets, book "vending" machines, a bookmobile, and service partnerships all have the potential to supplement the services available through the library branches, and can be evaluated as needs arise and funding becomes available.Periodic assessments of Chula Vista residents'library needs,use patterns, and perceptions can help CVPL evaluate the need for such measures. • As an interim measure, a proposed mall branch at Otay Ranch Town Center is a tremendous opportunity to leverage limited City funds while significantly increasing access to library services for east Chula Vista residents. Its collection, hours of operation, and staffing model can be designed to serve more customers than the current Eastlake Branch,even in a smaller footprint. The Library's commitment to service excellence and proactive outreach even in the face of significant fiscal challenges will be a strong asset in the implementation of these recommendations,as will the continued development of creative partnerships for both service and funding. Final Report—April 2011 2 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 256 INTRODUCTION AND METHODOLOGY INTRODUCTION Chula Vista has a long and proud tradition of library service. The foundation of the Chula Vista Library Association in 1891 predated the Plr, city's incorporation by two decades. The City took over the provision of library services in 1911, and built its first permanent library building in 1917 with Carnegie grant funds. The Carnegie Library served the community until the construction of a new library building in the 1950s, which was subsequently replaced in the 1970s by the Civic Center Library that still serves the community today. A library facilities master plan in 1917 Chula Vista Carnegie Library 1987 led the City to add two new branches in the 1990s: the joint-use public/high school Eastlake Branch,and the South Chula Vista Branch. In 1998 the facilities master plan was updated, but due to funding constraints, not all of the recommendations could be implemented. One "I wish you didn't have to cut such recommendation was the proposed 30,000 square foot Rancho del back on library hours. We Rey Branch. The City submitted applications for grant funding for this project in all three rounds of the highly-competitive 2000 California love the library and hope that Library Bond Act administered by the California State Library (aka the city can find the money Proposition 14),but unfortunately the City did not receive an award. The to continue to support all its project was subsequently put on hold. services. It is such a critical resource for our community Meanwhile,the Chula Vista community has continued to grow dramatically, and our students!" increasing 30% in the last decade to more than 233,000 residents. The survey participant growing community has increased overall demand for library services in Chula Vista,while changes in technology and demographics have resulted in a demand for a broader range of services.At the same time,the volatile economic climate has increased the uncertainty of funding for both capital projects and library operations.As a result,the Chula Vista Public Library (like almost every library in California) has had to figure out how to "do CHULA VISTA PUBLIC LIBRARY „ E oSTLAKE BRANC o more with less, looking at cutting hours of operation and other strategies. s" °Ll PUBLIC LIBRARY HOURS: MON-'•.-,:3:30-8 PM The City of Chula Vista is proud of its record of providing its residents with SAT.IDAM-4PM °Lp"o 11,ASE PARK high levels of public service. Once a year the City convenes its Growth E"T" u" "�„,;,,, WLCAT` Management Oversight Commission (GMOC) to review public service levels and compare them to established "service thresholds.” For certain " services, such as police and fire, deficiencies relative to the thresholds prevent the City from approving new development until compliance Eastlake Branch Library is restored. For other services, such as library and parks/recreation, deficiencies do not trigger limits on development, but are noted in the GMOC's annual report. The GMOC's 2010 report noted a deficit in library facilities that has persisted since falling below the service threshold of 500 square feet of library space per 1,000 residents six years earlier.As an advisory body for city council,the GMOC ranked bringing library facilities into compliance with the threshold standards as a top priority for the City. Chula Vista Public Library Strategic Facilities Plan 3 Final Report—April 2011 2014-04-08 Agenda Packet Page 257 INTRODUCTION AND METHODOLOGY METHODOLOGY AND PARTICIPATION Information gathering for this project included review of documents and data supplied by the Chula Vista Public Library, library site visits and observation, outreach to Chula Vista residents and community leaders, and inreach to CVPL administration and staff. Leadership and community outreach included: • Two stakeholder focus groups were conducted in August 2010,with a total of 16 participants. • A web-based survey made available on the Library's website for 31 days in September and October,2010 in both English and Spanish versions.The survey was linked from CVPL's website homepage and also was advertised to the public through the City's Nixle service.To supplement online participation,a Library representative also went to two high-profile retail locations in eastern Chula Vista to invite residents to complete paper versions of the survey.A total of 250 valid survey responses were collected,including 17 Spanish language versions. • Interviews with Mayor Cox and Councilmembers Bensoussan and Castaneda in September and October 2010. • A presentation of the draft recommendations at a community meeting in February 2011. Library staff inreach included: • Staff-guided tours of existing CVPL branches; • Interviews with selected Library staff; and • A Library staff focus group,with participation by 13 staff. A Project Management Team (PMT) comprising the Library's Director, Public Services Manager, and Digital Services Manager,who met with Group 4 at key project intervals to provide project oversight,review of progress, and day-to-day project direction. Final Report—April 2011 4 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 258 CURRENT USE AND PERCEPTIONS CURRENT LIBRARY USE AND PUBLIC PERCEPTION The Chula Vista Public Library treats Chula Vista as a single service area served by multiple branch libraries,rather than dividing the city into smaller geographic service areas tied to individual branches. CURRENT LIBRARY FACILITIES Civic Center Branch Library CVPL currently operates three library facilities. • The Civic Center Branch was constructed in 1976. The upper level of the 55,000 square foot building is dedicated to public service,with separate children's and adult wings,an auditorium,meeting and group study spaces, and a Friends of the Library bookstore, as well as staff and support spaces. The upper level's relatively open plan offers the flexibility to reorganize as needed to support changing service needs and operational modes over time. The lower level of the building houses CVPL's systemwide Administration and Technical Services divisions, as well as support and storage space for the library and the Friends. Large north-facing windows admit lots of natural light, creating a pleasant atmosphere in both public and staff areas of the building. In general, the building has been well-maintained and is in South Chula Vista Branch Library good condition.Library staff report that the Civic Center Branch has a strong contingent of seniors in its customer base. • The South Chula Vista Branch recently celebrated the 15th anniversary of its opening in 1995. Designed by renowned Mexican architect Ricardo Legorreta, the iconic 38,000 square foot building provides library space and services on one level for children,teens,and adults, as well as large program/meeting space and a literacy wing that can be — operated separately from the rest of the library. The City is proactive about maintaining the building in good condition. Some modifications to the design have been made over the life of the building, such as a to reconfigured entrance and the transformation of several water features a MEDI A • L kRT into xeriscape or display areas. Library staff report that the South Chula Vista Branch is especially popular with teens. • The Eastlake Branch is a shared library operated jointly with Eastlake --- High School. Since its opening in 1993, this branch has always been intended as an interim measure to boost library service in east Chula Vista until a new permanent facility could be built.The 10,000 square Eastlake Branch Library foot library houses significant amounts of materials intended for high school student use, effectively reducing the amount of space actually available for and appealing to public library customers.Buried within the campus, the library cannot be accessed by the public during school hours. Regular Eastlake Branch visitors acknowledge that it is very low-profile and hard to find. Nevertheless, for the library- loving residents of east Chula Vista,the Eastlake Branch has been an important link to library service. Chula Vista Public Library Strategic Facilities Plan 5 Final Report—April 2011 2014-04-08 Agenda Packet Page 259 CURRENT USE AND PERCEPTIONS Participants in a library staff focus group described general conditions and use patterns at each of the three current CVPL branches. They reported that the two larger branches have collections and amenities well-suited to their respective visitor types: the Civic Center Branch serves its high proportion of senior visitors through features such as a deeper collection rich in large print, audiobook, and history materials, whereas South Chula Vista Branch supports its younger customer base through amenities such as technology,popular books and media,and an ample teen space.Both Civic Center Branch and South Chula Vista Branch are attractive and well-sized to serve customers. Staff identified opportunities for improvement such as expanded computer labs that could be used by both classes and individuals with easier staff supervision. South Chula Vista Branch has some customer wayfinding challenges, resulting in lots of navigation-related questions for staff. A lack of acoustical zoning at the Civic Center Branch results in complaints about noise from both customers and staff. Library staff focus group participants reported that families with young children are the dominant public user group of the Eastlake Branch,and storytimes are popular.They discussed how the Eastlake Branch's location on the high school campus and lack of parking present"a lot of challenges."They also reported that while the facility's open plan is good for visibility and wayfinding,limited space has led to overcrowded shelves. Customers are discouraged from bringing their own laptops because wi-fi is not available to the public through the high school's system. GEOGRAPHIC LIBRARY USE PATTERNS An important consideration in assessing the CVPL system was whether and how the community travels for library services. Geographic library use patterns were evaluated to identify any underserved areas and any barriers to library access. To identify the extent of potential geographic barriers,two data sources were analyzed: • CVPL circulation data.CVPL materials checkout records from August 2 through August 8,2010 were displayed as dots on a GIS map of Chula Vista,with each dot's location representing the customer's address of record,and its color corresponding to the branch library that the customer used.The resulting maps provide insight into the geographic catchment area of each branch library. One limitation of this analysis is that the data set does not include customers who visit the library but do not check out materials. • Community survey responses.A series of questions about respondents'home ZIP codes and whether they lived east of CA-125 and/or I-805 was included in the community survey in order to better understand respondents' perceptions within the context of their geographic location. In general,the survey responses and customer GIS maps show that: • Chula Vistans travel freely through the city,choosing library branches based on factors other than proximity to their home. • Residents of west and central Chula Vista use the library more often than residents who live east of CA-125. • The Civic Center and South Chula Vista branches are strong destination libraries, attracting customers from throughout the city,including the most distant portions of east Chula Vista. • The Eastlake Branch tends to attract customers within a smaller geographic radius. Final Report—April 2011 6 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 260 CURRENT USE AND PERCEPTIONS The San Diego County Library and the National City Public Library generously shared circulation data regarding use of their libraries by Chula Vista residents. The resulting maps showed that the Bonita-Sunnyside Branch and the National City Public Library are not used heavily as an alternative to CVPL branches,nor are they selected primarily for geographic "I do travel to the South Bay proximity to Chula Vistans' home addresses. In the community survey, branch and Civic Center, but I only 14%of participants reported that they use the Bonita-Sunnyside more would prefer to be able to use than a few times per year, while more than 75% said that they rarely or the library nearest my home in never use it. More than 90%of survey respondents report that they rarely Eastlake more frequently." or never use the National City Public Library. The planning team also survey participant requested data from the San Diego Public Library,but their system could not provide data in a mappable format. Customer Use Patterns Map: all CVPL branches so 19 • 1-805 and CA- Goo 'r+ • ++ r -roll- significant r f 125 not - � �Raja�Is�Hills, # �. 5 r`i��,a • � !�, C�In fires� �'`�` # rX--Y#• �,�: �* �o� ! barriers ,r. . . .': • • Eastern Chula ; ! 4. - x °W �• Vista and -cen[�r .•_ ! e Ole J„ north/ Bonita . *. �, L 4 areas may be Ilk •: �r ••'' •! V 4 ;,� %+4 S�*+ ! ❑r r r f c, era t under- represented relative to . . 1.• actual density •. : �y CVPL data from South Chula l ta.Library 812-8181241 fl .• .� �rr��Y�n�e r 'Rtnwf � � L CHULA VISTA PUBLIC LIBRARY StrategIc Facilities Plan GROVP � Chula Vista Public Library Strategic Facilities Plan 7 Final Report—April 2011 2014-04-08 Agenda Packet Page 261 CURRENT USE AND PERCEPTIONS CUSTOMER PERCEPTION: COMMUNITY SURVEY AND FOCUS GROUP A total of 250 valid surveys were completed,including 17 in Spanish.As the number of Spanish language surveys was not enough to be statistically significant if analyzed separately, the responses for the two language versions were combined and analyzed together. Simple frequency analysis was performed on the data; extensive cross- tabulation and other complex analyses were beyond the scope of this study. Western and central Chula Vista were well-represented in the sample, with more than 85% of respondents from Chula Vista living west of CA-125.Most age ranges were reasonably well represented in the survey responses,with the exception of children and teens,who together made up less than 5%of the total sample size. Survey respondents reported a strong reliance on personal vehicles rather than public transit or other options,with more than 85%of the sample population reporting that their own cars are their primary mode of day-to-day transportation. Survey findings include: • Nearly all survey participants reported having excellent access to the Internet, which is a typical result for a web-based survey with voluntary participation.More than 90%of respondents use the Internet and/or broadcast media at least once per week to access information, and more than 60% reported reading periodicals at least once per week. • Nearly 70% of survey respondents use a public library at least every few weeks,with 29%reporting that they visit at least once per week. Respondents report using the library more frequently than they purchase items either at a store or online. • Asked which library services are most important to them, respondents particularly appreciated books and audiovisual materials,programs and services for children, and the library's civic,cultural, and educational role in the community. • Asked what they would change about the library, respondents requested expanded hours of operation and increased collections. Of respondents living east of CA-125, 30%mentioned hours of operation as something they would like to change about the library.Another common answer to this question was "nothing,"reflecting respondents'appreciation for CVPL and its services. • Respondents who reported that they rarely use a public library attributed it to a lack of time, an inconvenient location of the library,and/or hours of library operation.When asked what would bring them to the library more often,these respondents listed features such as free wi-fi and a cafe. Participants in the community stakeholder focus group were very positive about CVPL,describing the library as the "cathedral of the city—a center of learning, enhancement, and togetherness."All long-time Chula Vista residents, participants voiced a desire for more hours of library operation, and concern about the effect of budget cuts on both customer service and staff workload. They suggested that CVPL could raise its profile through retail-oriented strategies such as a stronger "merchandising" approach and an increased focus on marketing and fundraising. Displaying their strong civic spirit, participants also called on the community to get involved: as one participant stated,"Ask not what the Library do for the community; ask what the community can do for the Library." Final Report—April 2011 8 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 262 RECOMMENDATIONS RECOMMENDATIONS Despite predictions that the Internet would make them irrelevant, public libraries today are busier than ever. • Rather than reducing the need for libraries,emerging technologies and increased Internet connectivity have created an even broader range of needs that the public library strives to meet, from providing access to computers, to helping customers navigate and evaluate the ever- increasing amount of content available on the Web. • The public library remains a valuable conduit for books and audiovisual materials,in an increasing variety of languages and formats. • Libraries still play a vital role in educating community members of all ages, from the youngest storytime participants through seniors South Chula Vista Branch Library participating in computer literacy programs. The library also takes a leadership role in developing literacy and citizenship within the community. • Libraries are also valuable economic resources, providing resources "I think you are doing a great for job-seekers and small businesses. job. I'm impressed with the Although it seems counterintuitive to some changes such as the number of people I have increasing proportion of electronic formats in the library's collection and observed using the library." customers'increased use of laptops and other personal technologies do not survey participant automatically suggest a reduction in the amount of library space required. Although less space may be required for books and library-provided computers,more space is required for customers to use their own laptops and technologies. SPACE PLANNING STANDARDS Libraries use a variety of measures to monitor and evaluate the services they provide. Many of these are measured in terms of service units per population,such as books,computers,and reader seats.Each of these units has an associated amount of required space that,when totaled along with other library features such as staff work space,results in a target amount Eastlake Branch Library of library space per population. The number of recommended service units varies among communities; for example, one community may have a comparatively high need for public computers, whereas another may place a higher emphasis on collections. As such, there is no "standard" guideline for library space per population, and the total target amount of library space varies from community to community. Adopted in 1987,Chula Vista's library space standards range from 500 to 700 square feet of library space per thousand Chula Vista residents. The minimum"threshold standard" of 500 SF per thousand people is used by Chula Vista Public Library Strategic Facilities Plan 9 Final Report—April 2011 2014-04-08 Agenda Packet Page 263 RECOMMENDATIONS the GMOC in its annual evaluation of public services. The middle of the range "service standard" — 600 SF per thousand people —is used by the City to plan funding, including establishing public facility development impact fees(PFDIF). For this strategic facilities plan,the project team conducted an analysis of possible measures other than library SF per population—for example, individual service units (books, computers, etc.),travel times to library facilities, or customer perception/satisfaction measures. While each of these potential measures provides valuable information for a thorough assessment of library services,they all are more complicated to calculate,without adding significant benefit or insight to the analysis. Therefore, the project team confirmed the use of library space per capita as the basic measure for the City's threshold and service standards. Based on the analysis of Chula Vista as well as on new library planning in other comparable communities, Kathy Page of Page + Moris developed a set of service guidelines for libraries in Chula Vista. Her analysis of these guidelines revealed that they can be achieved within the lower end of the previously-established range of library space standards in Chula Vista,at approximately 500 to 600 square feet per 1,000 residents.As such,this strategic facilities plan confirms the existing threshold standard for library service in Chula Vista of 500 to 600 square feet per 1,000 residents. Service Level Guidelines RECOMMENDATIONS :: 0llF; $ � 'MIN ATtC POPULATION :. )r a , , a ix ' # p € tl.......... ..xx.� v ? M OPEN SEATING x{74ctiFE a aFE a 2 18 sets/1 €30E} ( 3 tss seats/1.x£30 P �dn.##5::�5 E:E 8 3s.#:. .:#x.E.,E x#:. .:#xE 8 3s.##�..,�S�E:?:. � ......... ......... COLLECTION/SHELVING 4 2 # O rltarnesa 1 +rrCumsa la 1 15% � 1 . �,....? ,_ , COMPUTERS .. .. .. .. .. .. am..w.. aaxt fit e( ........ :. . �.. ..•.1 ?1?. .. .. .25%-33%laptop f � MEETING ROOM/ d 125-200 ., # $t tR cxts/fc� PROGRAMMING �n #raa#itsEE..® 7 �a .. ,. +#Ie b1e c Pa m.3 Mes .Mp ai ,..•,.? �r�+ 1'I:fac{ i leis. .,. .. ::•' iA.. .. ....:.:. ....... ....._.. ...3!.:� 'f•.E 3E�E '3E#EE 3.#=E''3E#EE=3. :.E '3E# - -- - GROUPSTUDY/ .1{S s�ca�s:4 rv4�rrs f @i*J.P.:i t..M �� ;.._...wn #s ... III#........: TUTORING ROOMS :.. . .."r fa ililk s. .. .. .. :'. .. . : A A ,. , �. �_ �� tea. .... BUILDING SQ FT 1t , 31 1 � Ow- E3 4 51/ecrita � f _ �f2 p� #15 to b F lstt PARKING1� , ..s P Ot30 l rraalr .- ..- .':. N.Gd'.3.#<E. .3E Gd'.3.#..::�. .:: ........ ........: PRE!s=iW�t.3'?�f=��f is s�#'i==i.°ip i'.c�#'i==i.°ifEi••:s'iW�.ii�f�'#'i=3`#n ........::.. .. .. ... CHULA VISTA PUBLIC LIBRARY Strategic Facilities Plan ® ' GROUP 4 Final Report—April 2011 10 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 264 RECOMMENDATIONS LONG-TERM RECOMMENDATIONS: 2020 AND BEYOND Based on the confirmed library space standards,there is a need for at least "I think the library should be 60,000 square feet of additional library space in Chula Vista to serve the a place where people would projected buildout population. This square footage can be developed as a single library,or as multiple smaller libraries. be attracted to go. Like a book store where you can go to have Asthe City's financial outlook does not suggestthat new library construction a cup of coffee, buy a gift, or will be feasible within the next five to ten years,the City does not need to talk with a friend and have a select an option at this time. The options and their relative benefits can be good time while you read a reevaluated when funding becomes available. Implementation of the plan book or a magazine." is discussed in more detail in the next section. survey participant Multiple Smaller Branches A traditional approach to developing library facilities is based on the Former Service Concept principle of geographic proximity, building new branches that are the Libraries in each sector focal point for service within established service areas. This is one of upnsu the principles behind the previous facilities master plans for Chula Vista, =Vb� „m which have recommended a new branch library in Rancho del Rey to serveIme central Chula Vista and one or more branches east of CA-125. e This approach is one option for meeting the need for additional library space in Chula Vista. The City already owns the Rancho del Rey site, MA MW which can accommodate a 30,000 square foot branch library. Additional The traditional system model, site(s) could be identified east of CA-125, such as at the Eastern Urban based on geographic proximity Center/Millenia Center development. to local branches, is expensive to build and operate. However, multiple small branch libraries are more expensive to build — and even more expensive to operate — than a single, larger library with an equivalent amount of space for public service. For this reason, many communities are finding this traditional system model to be unsustainable. New System Concept—long Term Fewer,larger libraries for sustainable operations Chula Vista is no exception; CVPL's operating budget has been slashed dramatically in recent years, including staff reductions of more than 75% and the elimination of many services in an effort to simply keep the doors open on its existing branches. °" A Single Large "Destination"Branch In practice, Chula Vista has adopted a more sustainable model of library Destination libraries provide service than the traditional neighborhood-based multiple branch system. citywide service at lower costs for Chula Vista has two large "destination" libraries that can be operated both construction and operation. more cost-effectively than multiple smaller branches. As destination libraries,the Civic Center Branch and the South Chula Vista Branch offer sufficient quantity and variety of materials, programs, computers, and spaces to attract customers from throughout the city rather than just from their immediate neighborhoods — a finding confirmed by analysis of the customer maps and the community survey. While both of these libraries Chula Vista Public Library Strategic Facilities Plan 11 Final Report—April 2011 2014-04-08 Agenda Packet Page 265 RECOMMENDATIONS offer significant amenities for customers of all ages, library staff report that the Civic Center Branch is a particular destination for seniors,while the South Chula Vista Branch is a particularly popular destination for teens. Developing a single new destination library for east Chula Vista—with sufficient collections, computers, seating, programming space, and other amenities to draw customers from throughout the city — would be the most cost- effective way to meet the threshold standard for library space in Chula Vista, from the standpoint of both capital and operating costs. This recommendation is consistent with both the City's financial outlook and the community's acceptance of the destination library model. A new destination library should be located convenient to CA-125, preferable on the east side in order to best serve residents of this underserved area. In addition to sufficient capacity for the library building and parking, characteristics of a successful library site include a high-profile location along a well-traveled route, close to other community amenities(such as shopping or recreation)and accessible by public transit.The site need not necessarily be City-owned. For example, the City has planned for 30,000 square feet in the Eastern Urban Center/Millenia Center development, and may be able to negotiate for a larger space in the future. A single new destination library could also be developed in phases — for example, in a first phase of 30,000 square feet,with the balance of the required space constructed later.This would provide the ability to begin project implementation sooner, rather than waiting until funding accrues for the full project. Supplemental Services Even with the implementation of new facilities, continued growth and change in Chula Vista may create the need for additional supplementation of library services. Options for supplementing service include: • Material vending. Libraries throughout the world are experimenting with automated vending of collection materials,which customers can access with the swipe of a library card. • Material lockers. For customers who reserve books online but have difficulty getting to the library during normal operating hours,the locker system can make holds available 24/7. • Embedded services. Some libraries are establishing small"outposts"within the facilities of community partners such as park and recreation facilities and organizations such as the YMCA and the Boys and Girls Club. These outposts can accommodate a wide variety of programs and services, depending on the partnership. • Bookmobile.Bookmobiles make the library transportable,bringing a small portion ofthe collection to designated locations on a regular schedule.A bookmobile typically does not accommodate most other library programs or services, although its scheduled stops can be coordinated with library-provided programs such as storytimes at schools or other community locations. Any of these options can work as a stand-alone amenity or in combination with others. For example, some new purpose-built libraries include material lockers accessible from the outside of the building to provide 24/7 customer access to holds. Some communities provide material vending machines at transit hubs to improve service to commuting customers.Any option being considered will require more detailed evaluation of feasibility, appropriateness of response to community service needs, and cost-benefit analysis. Final Report—April 2011 12 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 266 RECOMMENDATIONS INTERIM RECOMMENDATIONS: 2010-2020 As is true for many communities in California, the City of Chula Vista is facing serious financial challenges. Development has decreased dramatically,slowing population growth and reducing the amount ofimpact - fees collected for libraries and other public facilities. Unemployment and economic uncertainty have led residents to tighten their belts, reducing - both income and sales tax revenues for the City, while falling home prices continue to erode the property tax base. In recent years the City has undergone several rounds of cutbacks in nearly all departments, and Otay Ranch Town Center more are expected as of this writing.In this climate,building a new library Proposed library outlet at right will simply not be feasible for the City of Chula Vista any time soon. City staff project that it may be five to 10 years or more before the City is in a position to consider a new capital library project. What has not diminished is the need for improved library services in east Chula Vista. Meeting this need within the City's limited resources will "Overall I've always found take a creative approach. libraries an important part Concurrent with the development of this strategic facilities plan, the of the community and would City began working with management of the Otay Ranch Town Center be very happy and extremely to develop approximately 3,500 square feet space for a library branch, supportive if your funding rent-free and with a Town Center management contribution towards increased." tenant improvements. The proposed space has a high-profile, high-traffic —survey participant location with excellent access to parking, food, and restrooms. Although perhaps half the size of the net public service space at the Eastlake Branch, this mall space has the potential to serve more customers and offer more hours of operation,as other libraries throughout the country have found in their implementation of mall branch outlets. In short,this is a tremendous opportunity for CVPL to leverage its limited resources to increase its profile and accessibility within east Chula Vista. Other interim options include the material lockers, material vending, and other supplemental service options described in the Long-Term Recommendations section above. Chula Vista Public Library Strategic Facilities Plan 13 Final Report—April 2011 2014-04-08 Agenda Packet Page 267 IMPLEMENTATION AND NEXT STEPS IMPLEMENTATION AND NEXT STEPS This strategic facilities plan is intended as a foundation for the City and the Library in planning the future of library facilities in Chula Vista. It should be noted that the time frames for"interim" and "long-term" designated in this facilities plan are approximate;they are intended as guides,not mandates. If the economy improves quickly and the City is able to implement long-term recommendations prior to 2020, this would be a great benefit to the community.However,if economic recovery lags and by 2020 the City is still not able to build a new library in east Chula Vista,then the "interim"phase will necessarily stretch beyond 2020. Periodic reevaluation and updating of the assumptions and recommendations of this strategic facilities plan is encouraged in order to accommodate any significant changes in needs and opportunities that may arise over the next five to 20 years. The City collects development impact fees to pay for public facilities,and these fees are currently seen as a principal source of funding for a new library in east Chula Vista.Currently,impact fees are allocated only to single-and multi- family residential development,while industrial and commercial development is exempt.Industrial and commercial development does have the potential to increase service demand for CVPL,which provides resources to build and support local business and industry as well as for the individual benefit of workers who find CVPL branches to be convenient—whether or not they live in Chula Vista. Reallocation of the impact fees to include industrial and commercial development would acknowledge and support not only the effects that these ventures have on demands for library service,but also the benefits that CVPL provides to local business and industry. The City's development impact fee program for library facilities assumes the construction of facilities sufficient to meet the service standard of 600 square feet of library space per 1,000 population. While the City had a minor pre-existing library space deficiency at the time the impact fee program was created,this deficiency was addressed completely through the construction of the South Chula Vista Library.From this point forward,the City has collected impact fees for library facilities from all new residential development.These funds have been expended on a number of projects, but for the most part are being reserved for planned facilities yet to be constructed in eastern Chula Vista. These funds on account will be combined with the impact fees to be collected from future development. Together,these funds are anticipated to fully offset the cost of new library construction to meet the 600 square feet of library space per 1,000 population service threshold. Communities throughout California are taking a creative approach to getting library projects funded and built. Partnerships are becoming an increasingly important strategy for library capital projects, including public-public, public-nonprofit, and public-private partnerships. For some communities, these partnerships take the form of a commitment from Library Foundations and Friends groups to raise a certain amount of money for capital projects. In others, it may involve more formal agreements to jointly build and operate facilities, such as joint community center-library projects. The proposed Otay Ranch Town Center mall branch is an excellent example of such a partnership, and the City is well on its way to developing a strong agreement with mall management that will set the course for implementation. Depending on the success of this mall branch, mall management may be willing to provide the Library with a larger retail space in the future that would both expand library service and further increase mall visits. The City should also continue its outreach to the community in order to build support for CVPL and the recommended projects. Even if the City develops sufficient funding without bringing a capital bond measure before the voters, it will be important to continue the dialogue in order to ensure that the community understands the need for facility improvements and the rationale behind the recommendations. Some California communities have found that a lack of public support—even if the funding is already in place—can delay library projects or even derail them entirely. Final Report—April 2011 14 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 268 IMPLEMENTATION AND NEXT STEPS Overall, the Library is making creative and positive changes to improve library service in the short term. Through the Library's commitment to service excellence and proactive outreach, these short-term changes have the potential to increase the community awareness and support for CVPL that will be important for successful implementation of the long-term recommendations. Civic Center Branch Library "We would go to the library more often 1-2 times per week if we had a REAL library with REALISTIC hours and if it were closer to us in Eastlake." survey participant Chula Vista Public Library Strategic Facilities Plan 15 Final Report—April 2011 2014-04-08 Agenda Packet Page 269 [This page intentionally left blank.] 2014-04-08 Agenda Packet Page 270 ACKNOWLEDGMENTS ACKNOWLEDGMENTS The Chula Vista Public Library Strategic Facilities Plan could not have been completed without the generous contributions of many people. CHULA VISTA CITY COUNCIL • Pamela Bensoussan • Steve Castaneda • Cheryl Cox • John McCann • Rudy Ramirez • Patricia Aguilar(incoming) CITY OF CHULA VISTA • Betty Waznis,Library Director • Stephanie Loney,Library Public Services Manager • Jodie Sawina,Library Digital Services Manager • Tiffany Allen,Fiscal and Management Analyst • Ivette Cortez,Library Administrative Secretary • Joe Gamble,Landscape Planner • Connie Lawthers, Sr.Information Technology Support Specialist • Rommel Reyes,GIS Specialist • Scott Tulloch,Assistant City Manager • Kim Vander Bic,Associate Planner COMMUNITY STAKEHOLDER FOCUS GROUP PARTICIPANTS • James Balnis • Randy Bellamy • Fran Cornell • Sally Flores Rumpf • Margaret Franklin • Glenda Hogg • Stephanie Loney • Dottie Miller • Georgic Stillman • Shauna Stokes • Mary Thigpen • Ric Todd • Pat Upton • Susan Walter • Debbie Taylor(CVPL staff observer) • Joy Whatley(CVPL staff observer) • David Jenning(CVPL intern) Chula Vista Public Library Strategic Facilities Plan 17 Final Report—April 2011 2014-04-08 Agenda Packet Page 271 ACKNOWLEDGMENTS LIBRARY STAFF FOCUS GROUP PARTICIPANTS • Roger Baber • Erni Barros • Bobbe Burch • Tanya Carr • Jorge Castillo • Maureen Courtney • Gail Eatman-Varn • Donna Golden • Gina Latas • Scott Love • Lalitha Nataraj • Iris Nelson • Alberto Niebla LIBRARY BOARD OF TRUSTEES • James Balnis • Daniel Linder • Elva Mellor • Georgie Stillman • Shauna Stokes GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. Wayne Gehrke AIA LEEDAP 211 Linden Avenue David Schnee AIA AICP LEEDAP South San Francisco,CA 94080 Jill Eyres LEEDAP 650.871.0709 Teresa Rom LEEDAP www.g4arch.com PAGE + MORIS Kathryn Page 130 Sutter Street, Ste 480 San Francisco,CA 94104 415.277.1700 www.pageandmoris.com Final Report—April 2011 18 Chula Vista Public Library Strategic Facilities Plan 2014-04-08 Agenda Packet Page 272 APPENDICES APPENDICES • Community Survey • Customer Mapping • All CVPL Branches • CVPL Civic Center Branch • CVPL South Chula Vista Branch • CVPL Eastlake Branch • CVPL Branches + SDCL Bonita-Sunnyside Branch (one day) • National City Public Library Chula Vista Public Library Strategic Facilities Plan 19 Final Report—April 2011 2014-04-08 Agenda Packet Page 273 2014-04-08 Agenda Packet Page 274 Total survey Chula Vista Public Library Community Services Survey responses =250 The Chula Vista Public Library is conducting a community survey. Please help us by completing the following questions. 1. People get materials and information in a variety of ways. How often do you: Once a Every Several week or few times per Rarely or more weeks year never 30% 39% 19% 12% Visit a public...I.ibrary................................................................................ — ........................ ..... .................. ........... 10% 35% 35% 20% Visit a bookstore, video store, or music store 7% 26% 36% 31% Purchase books, music, and/or videos online ......................................................._........................... ........... 66% 15% 10% 8% Read newspapers or magazines 95% 2% 1% 2% Access the Internet _ ................................... ............................................................................... 92% 2% 1% 5% Watch TV or listen to the radio ❑ ❑ ❑ ❑ Other sources of materials and information I use: 2. How often do you use each of the following libraries: Once a Every Several week or few times per Rarely or more weeks year never 19% 28% 21% 21% Chula Vista Civic Center Library 8% 19% 21% 40% South Chula Vista Branch Library 6% 10% 13% 59% Eastlake Branch Library 3% 9% 7% 69% Bonita Branch Library 0% 2% 4% 82% National City Library ❑ ❑ ❑ ❑ Other: 3. How often do you use the following library services? Rarely or Often Occasionally never 50% 34% 5% Check out books 15% 24% 50% Check out movies (DVDs or videos) 11% 15% 62% Check out music 9% 20% 60% Check out audio books 9% 28% 52% Attend events at the library(such as story time programs) 12% 26% 50% Use the library's computers 14% 18% 56% Use my own computer 16% 27% 45% Work on school assignments or do research 20% 29% 40% Read books, magazines or newspapers at the library 11% 16% 62% Socialize with friends 1% 3% 84% Get literacy tutoring 1% 4% 83% Attend computer classes 3% 3% 82% Volunteer ❑ ❑ ❑ Other: 4. What library services are most important to you? 5. How well does the library serve your needs? Please select one. Very well Well OK Not very well Not at all 41% 25% 14% 7% 1% Comments: 6. What would you change about the library?Books, hours, nothing G:110389-01 Chula VistaT-ReportslExhibitslCVPL survey results complete.docx 2014-04-08 Agenda Packet Page 275 7. If you rarely or never use the library, why don't you use the library more often? Check all that apply. 3% The library doesn't have what I need 4% Location is inconvenient 4% Open hours are not convenient 5% 1 don't have time 0% Outstanding library fines 1% Parking is difficult 2% Other: 8. If you rarely or never use the library, what features or services might bring you to the library more often? Check all that apply. 4% Quiet place to sit, read or study _ 1% Programs/events for teens ... .... ......... 2% Place to meet/socialize with friends 3% Programs/events for adults 4% New books to check out 2% Homework help/tutoring New movies to check out 0% Space for teens New audiobooks to check out 2% Space for children and families 3% New music to check out 6% Free Wi-f 2% New videogames to check out 10% Caf6 ........................................ ................... 4% Computers 4% Used books,videos, and music for sale 3% Computer classes 0% Literacy tutoring ..................P. ................ 4% Programs/events for children 1% Volunteer opportunities ............. . ❑ Other: *Error in data reporting 9. What is your home ZIP code? Please check one. 0% 91909, 91912, or 91921 34% 91910 23% 91911 12% 91913 7% 91914 11% 91915 Other 10. Do you live east of CA-125/South Bay Expressway?** 16% Yes ❑No ** Questions 10 and 11 asked conditionally 11. Do you live east of I-805? 27% Yes ❑No depending on reported answer to Question 9 12. What is your age category? Please check one. 1% 14 years or younger 44% 35-5�ears 4% 15-19 years 20% 55-64years 22% 20-34 years 10% 65+ years 13. What is your primary mode of transportation? Please check one. ❑ Personal car or motorcycle (including carpool) ❑ Walk ❑ Get a car ride with family member or friend ❑ Other: ❑ Public transit ❑ Personal wheels(bike, skateboard, rollerskates, etc. 14. How far would you be willing to travel to get to a library with the services you want? Please check one. 15 minutes or less 16-30 minutes 31-45 minutes More than 45 minutes 52% 39% 6% 2% 15. Do you have any other comments? Thank you for your time. G:110389-01 Chula VistaT-ReportslExhibitslCVPL survey results complete.docx 2014-04-08 Agenda Packet Page 276 CHULA VISTA PUBLIC LIBRARY (All CVPL Branches) Patron Mapping t h OCity Heights° an�6 n iego t Park --_ -- Legend • Other Libraries Mal ' O National City Public OBonita-Sunnyside ------`e kW0�l rth O EastLake Library =u / l ,rP� () t I /— South Chula Vista Library �zn «� �•o" 1 1 � �� • oa O Chula Vista Civic Center Library National City hl • arads0o"Ils• Y ,> •. • O S �ncpin• es J. M� w •ro y�. ���'�__. •emu ysl• oO °e o ula Vista Civ c Cent ~ •„ 2- ;• g• : m °f� °. a #fp •a EastLaye Lamar o o••�®: •�'�S• �; •poi �.oSg�a° •�bo� �° �og,q • •—� °O o• •o o $ °e 4 o o e ��o•:t'.svo •oo •o o C a i t'a ibr ry lip o •Infberlal A& c o e ° o° �a� L �° n Ysidro Chula Vista data represents library circulation records from 8/2/10 to 8/8/10,provided by Chula Vista Public Library. C� O' ' I . . . 1 Location of dot indicates borrowers registered home address. 0 0.5 1 2 Miles 6 . . U V a °eetivil^�9efcorresponds with library branch visited. www.g4arch9at1R77 6 � I I _� ancho San Diego P rk a Legend i §I Q Other Libraries E�e O Bonita-Sunnyside I O EastLake Library F South Chula Vista Library OChula Vista Civic Center Library —Be kwo rth� . i °o ° •t o o k Ine Hi o .•, 0 �g cr . • • • 0 • S •� • o National Ci • � .• i• " — 0.9 SDa6a�isP Ilso • ',!' • 0 4 • r} S ncQln es m 0o e, •%o� •vw �o, o � yside • �4'A • 00 00 00 0 00 0 6D 0 ula Vista Civ c Cent s . • •'• • (F 0 0 0 K • .•• 0 0 0 ° m • • ��o .e 00 0 0 ` EastLake 0brar •'N0 ' • �• • • •' 8 0'0 • ' • CD, ° 0° °0 • •• • • •• .•9 • • 0 0° o�� 0 a.. i • ' • 0 0 0 00 0 0 • • V—''South ChuPat i ta�ibr ry 0400 • • AS • ' • • 00 �j 00 a d° n Ysidro / CHULA VISTA Patron Mapping- Civic Center 2010-09-09 0 0.5 1 2 Miles 0 20140403Age da Packet Page 278 IF fr � � o g ancho San Die P rk a Ig t Legend Other Libraries E�« O Bonita-Sunnyside �o 0 Eastlake Library F South Chula Vista Library r q Olm X Q, O Chula Vista Civic Center Library °r—�----- --e kwo�rt Ls— National Ci — Ilss t f" 0 h 'ncoJ��s °n n � T1L � su ysl ° 3 0 � 0 ula Vista Civ c Cent 4i4ra ° o o ° o �0 0 - 0 0 0 0 o � C9 o o EasttLake Librar OA s ° " 0 0 0 0° 0 0 0 ° 0 0 0 ri ®a � ° 00 0_�„� ,�6 0 o ° o ° �°�0 � r�",� o0 00 00 °0 0� o , 0� 0 0 0 61 60 0 m o 0 0 0 00 00 � Oe o 0 o - „oE�0 0C �ibr ry P ! ° °.A-��� o "4 o. enial&eac °o° o O 0�3)° mo o _ U ° ° t0 0 m�o o � � a n Ysidro 0 OD CHULA VISTA Patron Mapping- South O 2010-09-09 0 0.5 1 2 Miles 20140408 Ag—da Packet Page 279 IF fr � � o g ancho San Die P rk a Ig t Legend Other Libraries OBonita-Sunnyside 0 Eastlake Library F South Chula Vista Library r q Olm X O Chula Vista Civic Center Library °r—�----- -fie kwo�rt National Ci Ilsa n } ' �6ncoln es ° ° 00 $ � ' Su ysl ° 0 0 0 Very �Q 0 0 3 0 ° '0 O ° 00 °0 ula Vista Civ c Cent Li ra 0 0®° m °f6e 0� o ®o ✓ o / ° 0 h�o o E as�tLoo e am ar °0 0° ° �-0 ° o ° o ° ° o 0 o o m 4 ° ° -80 00 O 0 °0og 00 ° o o 0° 0 0 o ° °o 00 O 0 8 0 0 O $tauWCh Vi taiibr ry - k--- per Beac � L_ — ta . a n Ysidro CHULA VISTA Patron Mapping- Eastlake 2010-09-09 0 0.5 1 2 Miles 0 20140498 Agenda Packet Page 280 CHULA VISTA + BONITA-SUNNYSIDE Patron Mapping th Park OCity Heights n n iego Legend 1 I • Other Libraries F National City Public Mal O r- l O Bonita-Sunnyside °r—------> a kwo lrth� O EastLake Library South Chula Vista Library r–tn `– O Chula Vista Civic Center Library q National`Cit k bl « ncpin es ula Vista Civ c Cent ra•• ` a _ ;_ •• o° East e bra o o o o o �• °� •O °° ° o o o y lls , oAOE lo�C- i - 0,Libr ry ° •o �T- •Impe ial Be c e° o t �t n Ysidro Chula Vista data represents library circulation records from 8/4/2010,provided by Chula Vista Public Library. C� Bonita-Sunnyside data represents library circulation records from 8/18/2010,provided by San Diego County Library. O Location of dot indicates borrowers registered home address. 0 0.5 1 2 Miles 6 N O U V a °e¢etltyrRy"�t;orresponds with library branch visited. w—g4archrat®¢si NATIONAL CITY PUBLIC LIBRARY Patron Mapping z Perk a eights` n n iego Fe � Legend F I • Other Libraries Mal i National City Public OBonita-Sunnyside `e kwo�rt O EaslLake Library Hil t _ O South Chula Vista Library OChula Vista Civic Center Library Q q � National CI � bl lis ncoln es w- s ,y ,� -Su ysl ula Vista Civ c Cent r . `_ ■ z —c Vi tatibr ry €q� /a ° n Ysidro Data represents library circulation records from 8/8/2010 to 8/14/2010,provided by National City Public Library. C� Location of dot indicates borrower's registered home address. 0 0.5 1 2 Miles O Color of dot corresponds with library branch visited. 6 w o u a a zot4oa-oe n�aa ewer www.g4arch9hWrZ82 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0158, Item#: 14. PRESENTATION BY LANDSCAPE PLANNER PATRICIA FERMAN REGARDING THE MAIN STREET MASTER PLAN UPDATE RECOMMENDED ACTION Council hear the presentation. City of Chula Vista Page 1 of 1 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 283 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0208, Item#: 15. PUBLIC EMPLOYMENT APPOINTMENT PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957(b) Title: CITY MANAGER City of Chula Vista Page 1 of 1 Printed on 4/3/2014 istar 2014-04-08 Agenda Packet powered by Leg age 284