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Cheryl Cox, Mayor
Patricia Aguilar, Councilmember James D. Sandoval, City Manager
Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey
Rudy Ramirez, Councilmember ponna R. Norris, City Clerk
Mary Salas, Councilmember
Tuesday, May 13, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 14-0238 PRESENTATION BY AQUATICA WATER PARK VICE
PRESIDENT DAVID CROMWELL REGARDING AN UPDATE
ON AQUATICA ENTERING ITS SECOND SEASON IN CHULA
VISTA .
B. 14-0290 PRESENTATION BY CHULA VISTA PORT COMMISSIONER
ANN MOORE ON THE IMPLEMENTATION OF THE CHULA
VISTA BAYFRONT DEVELOPMENT STRATEGY
City o/Chula VisYa Paga 1 Pnnfed on 5/&3074
City Council Agenda May 13,2014
C. 14-0147 PRESENTATION BY PUBLIC WORKS CONSERVATION AND
ENVIRONMENTAL SERVICES STAFF MONICA RODRIGUEZ
AND MARTIE SOLOMON RECOGNIZING THE NEWEST
CLEAN BUSINESS PROGRAM PARTICIPANTS
D. 14-0184 PRESENTATION OF A PROCLAMATION TO RECREATION
DIRECTOR KRISTI MCCLURE, SENIOR RECREATION
MANAGER TIM FARMER AND U.S. OLYMPIC TRAINING
CENTER ASSOCIATE DIRECTOR DAVE STOW
PROCLAIMING MAY 17, 2014 AS KIDS TO PARKS DAY IN
THE CITY OF CHULA VISTA
E. 14-0239 UPDATE ON CITY NOW, THE CITY'S CONTINUOUS
IMPROVEMENT PROGRAM: CITY COUNCIL AGENDA
PROJECT
F. 14-0254 PRESENTATION OF A PROCLAMATION TO PUBLIC WORKS
ASSISTANT DIRECTOR OF OPERATIONS IRACSEMA
QUILANTAN AND ASSISTANT DIRECTOR OF ENGINEERING
BILL VALLE PROCLAIMING THE WEEK OF MAY 18
THROUGH MAY 24, 2014 AS NATIONAL PUBLIC WORKS
WEEK
G. 14-0261 PRESENTATION OF A PROCLAMATION TO CITY OF CHULA
VISTA DIRECTOR OF RECREATION KRISTI MCCLURE, FIRE
CHIEF DAVE HANNEMAN, FIRE CAPTAIN MIKE FILSON AND
AQUATIC SUPERVISOR ELIZABETH KOVAR PROCLAIMING
MAY 2014 AS DROWNING PREVENTION MONTH
CONSENT CALENDAR (Items 1 - 8)
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. 14-0288 APPROVAL OF MINUTES of March 11, March 25, April 8, and
April 10, 2014.
Staff Recommendation: Council approve the minutes.
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City Council Agenda May 13,2014
2. 14-0284 WRITTEN COMMUNICATIONS
Letter of resignation from Benjamin Flores, Resource
Conservation Commission.
Staff Recommendation: Council accept the resignation.
3. 14-0122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND RATIFYING THE 2013/14
BUDGET OF THE THIRD AVENUE BUSINESS
IMPROVEMENT DISTRICT AND AUTHORIZING THE
DISBURSEMENT OF FUNDS IN ACCORDANCE WITH THE
BUDGET
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
4. 14-0259 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT EXERCISE OF POWERS
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO UNIFIED PORT DISTRICT
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
5. 14-0196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU), DATED
NOVEMBER 16, 2007, AMONG THE CO-PERMITTEES OF
SAN DIEGO COUNTY NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM MUNICIPAL PERMIT, AND
AUTHORIZING THE MAYOR TO SIGN THE SECOND
AMENDMENT ON BEHALF OF THE CITY
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
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City Council Agenda May 13,2014
6. 14-0241 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CERTAIN ADDITIONAL
SERVICES IN ACCORDANCE WITH ARTICLE I OF THE
EXISTING AGREEMENT DATED NOVEMBER 9, 2010,
APPROVED IN ACCORDANCE WITH COUNCIL
RESOLUTION NO. 2010-263, BETWEEN THE CITY OF
CHULA VISTA AND RICK ENGINEERING COMPANY IN THE
AMOUNT OF $76,000 FOR PREPARING AND PERMITTING
THE ENVIRONMENTAL MITIGATION FOR BONITA CANYON
EMERGENCY REPAIR PROJECT (DR189)
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
7. 14-0255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR THE
ACTIVE TRANSPORTATION GRANT FOR FISCAL YEAR
2014-15, CERTIFYING THAT MATCHING FUNDS WILL BE
AVAILABLE THEREFOR, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO
EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL
GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO,
APPLICATIONS, AGREEMENTS, AMENDMENTS AND
REQUESTS FOR PAYMENTS NECESSARY TO SECURE
GRANT
Department: Public Works Department
Staff Recommendation: Council adopt the resolution
8. 14-0234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH PROS
CONSULTING, LLC TO PREPARE A COST RECOVERY,
RESOURCE ALLOCATION AND REVENUE ENHANCEMENT
STUDY FOR THE CITY'S RECREATION FEES
Department: Recreation Department
Staff Recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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City Council Agenda May 13, 2014
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 MANAGER'S REPORTS
9. 14 -0298 Presentation by the Police Officers Association (POA) regarding
the City's Finances
Item 9 will be continued to May 27, 2014.
MAYOR'S REPORTS
10. 14 -0299 Consideration of appointment of a voting delegate and alternate
for the 2014 Annual League of California Cities Conference, to
be held in Los Angeles September 3 -5.
COUNCILMEMBERS' COMMENTS
11. 14 -0296 COUNCILMEMBER SALAS: Discussion and potential action
regarding the formation of an ad -hoc committee comprised of
Councilmember Salas and Deputy Mayor Aguilar for the
purposes of continuing to work on water issues and identifying
opportunities to give presentations on water issues to the public.
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).
12. 14 -0276 CONFERENCE WITH
EXISTING LITIGATION
SECTION 54956.9 (a)
LEGAL COUNSEL REGARDING
PURSUANT TO GOVERNMENT CODE
City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior
Court, Case No. 37- 2013 - 00055103- CU- MC -CTL.
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City Council Agenda May 13,2014
13. 14-0294 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957(b)
Title: City Manager
ADJOURNMENT
to the Regular City Council Meeting on May 20, 2014, at 2:00 p.m., in the
Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619)
691-5041(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.
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP(S)
In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer
has reviewed and, immediately following this City Council meeting of May 13, 2014, will approve the following
final map:
Chula Vista Tract No. 10-02, Lake Pointe, Eastlake Vistas 111 Phase 2, 221 Multifamily units located on 12.396
acres north of Olympic Parkway and east of Olympic Vista Road.
Specifically, the City Engineer has caused the map to be examined and has made the following findings:
(1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any
conditions of approval imposed with said tentative map.
(2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the
time of approval of the tentative map.
(3) The map is technically correct.
Said map will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's
action to City Council no later than 2:00 p.m.,10 calendar days from the date of this City Council meeting. A valid
appeal must identify the improper/incorrect finding and the basis for such conclusion.
If you have any questions about the map approval findings or need additional information about the map or your
appeal rights, please feel free to contact Tom Adler at (619) 409-5483.
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0238, Item#: A.
PRESENTATION BY AQUATICA WATER PARK VICE PRESIDENT DAVID CROMWELL
REGARDING AN UPDATE ON AQUATICA ENTERING ITS SECOND SEASON IN CHULA VISTA
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0290, Item#: B.
PRESENTATION BY CHULA VISTA PORT COMMISSIONER ANN MOORE ON THE
IMPLEMENTATION OF THE CHULA VISTA BAYFRONT DEVELOPMENT STRATEGY
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0147, Item#: C.
PRESENTATION BY PUBLIC WORKS CONSERVATION AND ENVIRONMENTAL SERVICES
STAFF MONICA RODRIGUEZ AND MARTIE SOLOMON RECOGNIZING THE NEWEST CLEAN
BUSINESS PROGRAM PARTICIPANTS
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0184, Item#: D.
PRESENTATION OF A PROCLAMATION TO RECREATION DIRECTOR KRISTI MCCLURE,
SENIOR RECREATION MANAGER TIM FARMER AND U.S. OLYMPIC TRAINING CENTER
ASSOCIATE DIRECTOR DAVE STOW PROCLAIMING MAY 17, 2014 AS KIDS TO PARKS DAY IN
THE CITY OF CHULA VISTA
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City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0239, Item#: E.
UPDATE ON CITY NOW, THE CITY'S CONTINUOUS IMPROVEMENT PROGRAM: CITY
COUNCIL AGENDA PROJECT
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2014-05-13 Agenda Packet Page 11
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0254, Item#: F.
PRESENTATION OF A PROCLAMATION TO PUBLIC WORKS ASSISTANT DIRECTOR OF
OPERATIONS IRACSEMA QUILANTAN AND ASSISTANT DIRECTOR OF ENGINEERING BILL
VALLE PROCLAIMING THE WEEK OF MAY 18 THROUGH MAY 24, 2014 AS NATIONAL PUBLIC
WORKS WEEK
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City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0261, Item#: G.
PRESENTATION OF A PROCLAMATION TO CITY OF CHULA VISTA DIRECTOR OF
RECREATION KRISTI MCCLURE, FIRE CHIEF DAVE HANNEMAN, FIRE CAPTAIN MIKE FILSON
AND AQUATIC SUPERVISOR ELIZABETH KOVAR PROCLAIMING MAY 2014 AS DROWNING
PREVENTION MONTH
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0288, Item#: 1.
APPROVAL OF MINUTES of March 11 , March 25, April 8, and April 10, 2014.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
Tuesday, March 11,2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
SPECIAL MEETING OF THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CALL TO ORDER
A Regular Meeting of the City Council and a Special Meeting of the Successor Agency to the
Redevelopment Agency of the City of Chula Vista were called to order at 2:00 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
CouncilmemberAguilar arrived at 2:11 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
Sr. Maintenance Worker Ramirez led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0103 OATH OF OFFICE
Max Zaker, Housing Advisory Commission
City Clerk Norris administered the oath of office to Commissioner Zaker, and Councilmember
Bensoussan presented him with a certificate of appointment.
B. 14-0126 INTRODUCTION BY RICK HOPKINS DIRECTOR OF PUBLIC WORKS,
OF EMPLOYEE OF THE MONTH LUCIO RAMIREZ, SR.
MAINTENANCE WORKER
Director of Public Works Hopkins introduced employee of the month, Sr. Maintenance Worker Ramirez.
Mayor Cox read the proclamation and Councilmember Ramirez presented it to Mr. Ramirez.
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C. 14-0130 INTRODUCTION BY CHULA VISTA ELEMENTARY SCHOOL
DISTRICT SUPERINTENDENT DR. ESCOBEDO ANNOUNCING 4TH
GRADE SPEECH CONTEST WINNER PAOLA OSUNA FROM SALT
CREEK ELEMENTARY GIVING HER SPEECH "WHAT DOES
LIBERTY MEAN TO ME?"; 5TH GRADE WINNER CHASE JEFFREY
RABINE FROM CLEAR VIEW ELEMENTARY GIVING HIS SPEECH
"WHAT DOES SERVICE MEAN TO ME?"; 6TH GRADE WINNER
BRENNA PANGELINAN FROM OLYMPIC VIEW ELEMENTARY
GIVING HER SPEECH "WHAT DOES COURAGE MEAN TO ME?"
AND 7TH GRADE WINNER MEGHAN MCCANN FROM DISCOVERY
CHARTER MIDDLE SCHOOL GIVING HER SPEECH "WHAT
SACRIFICES CAN I MAKE TO BETTER MY COUNTRY?"
Superintendent Escobedo introduced the 4th, 5th, 6th and 7th grade speech contest winners. Paola
Osuna, Chase Jeffrey (C.J.) Rabine, Brenna Pangelinan, and Meghan McCann gave their speeches on
liberty, service, courage, and sacrifices.
CONSENT CALENDAR (Items 1 - 9)
Item 2 was removed from the Consent Calendar at the request of staff.
City Attorney Googins stated that Councilmembers Salas and Bensoussan had been notified of potential
property-related conflicts of interest on Items 5 and 11, and that an exemption applied due to the items
being related to ongoing maintenance.
1. 14-0121 WRITTEN COMMUNICATIONS
A. Letter of resignation from Muriel Kulikowski, Cultural Arts
Commission.
B. Letter of resignation from Aracely Rodriguez, Cultural Arts
Commission.
Recommended Action: Council accept the resignations.
Item 2 was removed from the Consent Calendar.
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3. 14-0078 RESOLUTION NO. 2014-038 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (1) TRANSFERRING $50,000 FROM THE OTHER
EXPENSES BUDGET CATEGORY TO THE SUPPLIES & SERVICES
CATEGORY WITHIN THE ENERGY CONSERVATION FUND, AND (2)
APPROVING A $148,240 AGREEMENT BETWEEN THE CITY AND
THE CALIFORNIA CENTER FOR SUSTAINABLE ENERGY (CCSE)
FOR PROFESSIONAL SERVICES TO PROVIDE ASSISTANCE IN
IMPLEMENTING THE GOALS AND OBJECTIVES OF THE CITY'S
SUSTAINABLE COMMUNITIES PROGRAM (SCP) (4/5 VOTE
REQUIRED)
Recommended Action: Council adopt the resolution.
4. 14-0108 A. RESOLUTION NO. 2014-039 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL
POLICY 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY
AND GUIDELINES; AMENDING THE EXISTING POLICY; AND
ANNUAL DELEGATION OF INVESTMENT ACTIVITY AUTHORITY TO
THE DIRECTOR OF FINANCE/TREASURER
B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER
31, 2013
Recommended Action: Council adopt the resolution and accept the report.
5. 14-0110 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING
DECEMBER 30, 2013 AND CONSIDERATION OF AMENDMENTS TO
THE FISCAL YEAR 2013/14 BUDGET
B. RESOLUTION NO. 2014-040 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2013/14 BUDGET TO ADJUST FOR VARIANCES AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
C. RESOLUTION NO. 2014-002 OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AMENDING THE RDA 2008 TARBS PROJECT FUND -SA BUDGET
AND APPROVING AN APPROPRIATION OF $158,165 (4/5 VOTE
REQUIRED)
Recommended Action: Council accept the report and adopt Resolution B, and
Agency adopt Resolution C.
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6. 14-0084 RESOLUTION NO. 2014-041 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA (A) AMENDING THE COMPENSATION SCHEDULE
AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE
CLASSIFICATION OF FIREFIGHTER/PARAMEDIC AND (B)
AMENDING THE AUTHORIZED POSITION COUNT IN THE FIRE
DEPARTMENT TO REFLECT THE ADDITION OF 4.0
FIREFIGHTER/PARAMEDIC POSITIONS AND THE ELIMINATION OF
4.0 FIREFIGHTER POSITIONS
Recommended Action: Council adopt the resolution.
7. 14-0096 RESOLUTION NO. 2014-042 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT
FOR THE "MEDIAN IMPROVEMENTS AT OLYMPIC PARKWAY /
BRANDYWINE AVENUE AND PALOMAR STREET / WALNUT AVENUE
IN THE CITY OF CHULA VISTA (CIP #TF377)" PROJECT TO
TRI-GROUP CONSTRUCTION & DEVELOPMENT, INC., IN THE
AMOUNT OF $124,830, WAIVING CITY COUNCIL POLICY 574-01,
AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $20,000.
Recommended Action: Council adopt the resolution.
8. 14-0098 RESOLUTION NO. 2014-043 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING A STATE OF CALIFORNIA TIRE
DERIVED PRODUCT GRANT AND AUTHORIZING THE
APPROPRIATION OF $37,035 TO THE STATE GRANTS FUND TO
INSTALL RUBBER PLAYGROUND MULCH AT SUNBOW PARK (4/5
VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
9. 14-0101 RESOLUTION NO. 2014-044 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY
OF SAN DIEGO FOR THE NEXT GENERATION REGIONAL
COMMUNICATIONS SYSTEM
Recommended Action: Council adopt the resolution.
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City Council Meeting Minutes -Draft March 11,2014
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
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. 14-0083 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA
MUNICIPAL CODE CHAPTER 2.51 - "DISTRICTING COMMISSION"
(FIRST READING)
Assistant City Attorney Maland presented information on the item and provided the Council with a
revised ordinance.
ACTION: A motion was made by Councilmember Salas, seconded by Deputy Mayor
Aguilar, to place the ordinance on first reading, 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
David Danciu, Chula Vista resident, spoke in support of the current design of Orange Park and
expressed concern regarding issues related to homelessness.
Sergei Senoff, representing Chula Vista Employees Association (CVEA), spoke regarding the wage
reopener for the CVEA bargaining group.
David Garcias, representing SEIU Local 221, spoke regarding the CVEA negotiations.
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PUBLIC HEARINGS
10. 14-0077 REVIEW OF THE CITY OF CHULA VISTA 2014/2015 FUNDING
REQUESTS AND RECOMMENDATIONS FOR THE HOUSING AND
URBAN DEVELOPMENT FEDERAL GRANT PROGRAMS
(COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT
PARTNERSHIPS ACT AND EMERGENCY SOLUTIONS GRANT)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Project Coordinator Davis gave a presentation regarding the item. She described the process used to
determine funding levels and provided staffs recommendations.
Mayor Cox opened the public hearing.
The following members of the public spoke in support of staffs recommendation on the item:
- Chequita Falls, representing South Bay Meals on Wheels
-Joe Zilvinskis, representing Interfaith Shelter Network
-John Taylor, representing Project Hand
-Don Hunter, representing South Bay Community Services
-Margarita Holguin, representing the Chula Vista Community Collaborative
- Ben Avey, representing Family Health Centers of San Diego, and also announced the opening of Lofts
on Landis
- Tom Stubberod, representing Corporation for Supportive Housing
There being no other members of the public who wished to speak, Mayor Cox closed the public hearing.
Project Coordinator Davis and Housing Manager Hines answered Council questions relating to grant
recommendations.
In response to questions from the Council, Roger Dinsmore, representing South Bay Community
Services, provided information regarding the costs related to the Landis Studios project.
In response to questions from the Council, Larissa Tabin, representing South Bay Community Services,
provided information regarding the Landis Studios project, applicant screening, and ongoing case
management.
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to
accept the report, heading read, text waived. The motion carried by the following
vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
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11. 14-0081 CONSIDERATION OF WAIVING IRREGULARITIES IN THE BID
RECEIVED FOR THE "PAVEMENT MAJOR REHABILITATION FISCAL
YEAR 2012/2013 (OVERLAY) (STM373)" PROJECT PER CITY
CHARTER SECTION 1009
RESOLUTION NO. 2014-045 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, WAIVING THE ERROR IN THE
LOW BID FROM ATP GENERAL ENGINEERING CONTRACTORS AS
IMMATERIAL, AWARDING A CONTRACT FOR THE "PAVEMENT
MAJOR REHABILITATION FISCAL YEAR 2012/2013 (OVERLAY)
(STM373)" PROJECT TO ATP GENERAL ENGINEERING
CONTRACTORS IN THE AMOUNT OF $2,917,695.50,
APPROPRIATING $50,406 TO THE SUPPLIES AND SERVICES
CATEGORY WITHIN THE PROPOSITION 1B HIGHWAY SAFETY
FUND, APPROPRIATING $478,610 TO CIP STM373 OF
PROPOSITION 1B HIGHWAY SAFETY FUND'S FISCAL YEAR
2013/2014 BUDGET BASED ON UNANTICIPATED REVENUES,
REDUCING THE STM372 AND STM379 CIP BUDGETS BY $470,000
AND $322,410 RESPECTIVELY IN TRANSNET FUNDS AND
APPROPRIATING THE EQUIVALENT AMOUNTS TO STM373,
WAIVING CITY COUNCIL POLICY NO. 574-01 AND AUTHORIZING
THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS
NOT TO EXCEED $437,654.33 (4/5 VOTE REQUIRED)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to speak,
Mayor Cox closed the public hearing.
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to
adopt Resolution No. 2014-045, heading read, text waived. The motion carried by
the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
Mayor Cox recessed the meeting at 4:08 p.m. The Council reconvened at 4:30 p.m., with all members
present.
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ACTION ITEMS
12. 14-0109 FINANCIAL OVERVIEW PRESENTATION TO THE CITY COUNCIL OF
CHULAVISTA
Consultant John Bartel, representing Bartel Associates, LLC, provided information regarding Ca1PERS
actuarial issues, including contribution rates and accounting standards.
Assistant City Manager Halbert, Director of Finance Kachadoorian, and Budget Manager Aguilar gave a
presentation regarding the City's financial overview.
CITY MANAGER'S REPORTS
City Manager Sandoval provided the Council with a memorandum and information regarding
negotiations and communication with the International Association of Fire Fighters (IAFF).
City Manager Sandoval announced that Recreation Director McClure was named Vice President for the
statewide recreation organization. He also announced that the Council Meeting of March 18, 2014
would be cancelled.
MAYOR'S REPORTS
Mayor Cox congratulated City Attorney Googins on being unopposed for his second term as City
Attorney. She announced a recent event at which the French Consul recognized local World War 11
veterans.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Aguilar announced a recent ribbon cutting at Hometown Buffet on Palomar Street
following a major renovation of the restaurant. She stated that Crossroads 11 would be holding a public
robotics presentation on March 22, 2014.
Councilmember Ramirez requested information regarding the upcoming Council meeting schedule. He
suggested that the City departments post updates on Twitter for employees.
Councilmember Bensoussan announced an upcoming Taste of Third art walk event. She requested
individuals interested in volunteering for the 2014 Harbor Fest to contact her office. She also announced
that Dog Day in the Park would be held April 5, 2014 to raise funds for a dog park in Eucalyptus Park.
Councilmember Salas requested clarification regarding labor negotiations.
CLOSED SESSION
Mayor Cox stated that Item 13 would not be heard.
13. 14-0113 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a):
City of Chula Vista, et al. v. Tracy Sandoval, Sacramento Superior
Court, Case No. 34-2014-80001723
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ADJOURNMENT
Mayor Cox paid tribute to Lt. Commander Dewey Schulenberg and Dr. Frederick Oberschulte.
At 6:54 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on March 25, 2014,
at 2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Meeting Minutes - Draft
Tuesday, March 25,2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:02 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
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
Dr. Melinda Nish led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0136 PRESENTATION BY DR. MELINDA NISH, SUPERINTENDENT/
PRESIDENT OF SOUTHWESTERN COLLEGE: FROM THE
PRECIPICE TO PROSPERITY
Dr. Melinda Nish, Superintendent/President of Southwestern College, made a presentation on
Southwestern College's enrollment, transfers, and other information about the college.
Item C was taken out of order and heard at this time.
C. 14-0169 PRESENTATION OF A PROCLAMATION TO SOUTHWESTERN
COLLEGE'S CHICANO/LATINO COALITION CO-PRESIDENTS
VERONICA CADENA AND ALMA AGUILAR CELEBRATING THE
AWARDING OF SIX SCHOLARSHIPS AT THE COLLEGE'S ANNUAL
CESAR E. CHAVEZ SCHOLARSHIP BREAKFAST
Mayor Cox read the proclamation and Deputy Mayor Aguilar presented it to Dr. Nish.
B. 14-0174 PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY,
APRIL 1, 2014 AS NATIONAL SERVICE RECOGNITION DAY IN THE
CITY OF CHULA VISTA
Mayor Cox read the proclamation and Councilmember Ramirez presented it to Chula Vista community
volunteers.
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D. 14-0142 PRESENTATION OF A PROCLAMATION TO FIRE CHIEF DAVID
HANNEMAN AND DEPUTY FIRE CHIEF JUSTIN GIPSON
PROCLAIMING MARCH 23 THROUGH MARCH 29, 2014 AS TSUNAMI
PREPAREDNESS WEEK IN THE CITY OF CHULAVISTA
Emergency Services Coordinator Balmer stated that as part of Tsunami Preparedness Week, a mailing
to increase tsunami awareness would be sent to coastal residents. Mayor Cox read the proclamation
and Councilmember Bensoussan presented it to Chief Hanneman, Deputy Fire Chief Gipson, and
Emergency Services Coordinator Balmer.
E. 14-0149 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S
CONTINUOUS IMPROVEMENT PROGRAM: POLICE DEPARTMENT
PAYROLL
Administrative Services Manager Chew, Principal Management Analyst Alegre, Administrative Analyst
Cheung, Senior Recreation Manager Farmer, and Principal Management Analyst Nguyen presented
information on a recent Continuous Improvement initiative in the Police Department.
Item 10 was taken out of order and heard at this time.
ITEMS REMOVED FROM THE CONSENT CALENDAR (part 1 of 2)
10. 14-0135 RESOLUTION NO. 2014-050 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE DONATION OF TWO FIRE
ENGINES TO THE MUNICIPALITIES OF TECATE AND ENSENADA IN
BAJA CALI FORN IA
Ignacio Hernandez, Tecate resident, representing Grupo 21, thanked the Council for the invitation to
attend the meeting and for its consideration of the item.
C.P. Efrain Kantel Sanchez, representing City of Ensenada, thanked the Council for consideration of the
item and invited the Council to a celebration on May 15, 2014 in recognition of Ensenada's 125th
anniversary.
Deputy Mayor Aguilar left the meeting at 3:35 p.m. and was absent for the following action. She
returned at 3:38 p.m.
ACTION: A motion was made by Councilmember Bensoussan, seconded by
Councilmember Ramirez, to adopt Resolution No 2014-050, heading read, text
waived. The motion carried by the following vote:
Yes: 4- Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
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CONSENT CALENDAR (Items 1 - 10)
Item 5 was removed from the Consent Calendar at the request of Councilmember Aguilar.
1. 14-0172 APPROVAL OF MINUTES OF January 7, 2014.
Recommended Action: Council approve the minutes.
2. 14-0139 WRITTEN COMMUNICATIONS
Letter of resignation from Jeannie Barnes, Board of Library Trustees.
Recommended Action: Council accept the resignation.
3. 14-0137 ORDINANCE NO. 3305 OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.51 - "DISTRICTING
COMMISSION" (SECOND READING AND ADOPTION)
Recommended Action: Council adopt the ordinance.
4. 14-0079 RESOLUTION NO. 2014-046 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CITY COUNCIL POLICY FOR
PUBLIC REVIEW OF CITY COUNCIL AND CITIZEN-SPONSORED
INITIATIVES, INCLUDING FISCAL ANALYSIS, AND CHARTER
REVIEW COMMISSION REVIEW FOR CHARTER-RELATED
PROPOSALS
Recommended Action: Council adopt the resolution.
Item 5 was removed from the Consent Calendar.
6. 14-0099 RESOLUTION NO. 2014-047 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT
FOR THE "EAST ORANGE AVENUE BIKE LANE IMPROVEMENTS
BETWEEN MAX AVENUE AND MELROSE AVENUE IN THE CITY OF
CHULA VISTA (CIP# STM377)" PROJECT TO PALM ENGINEERING
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $173,977.05,
WAIVING CITY COUNCIL POLICY 574-01, AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN
AMOUNT NOT TO EXCEED $30,000
Recommended Action: Council adopt the resolution.
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7. 14-0112 RESOLUTION NO. 2014-048 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT
FOR THE "INDUSTRIAL BOULEVARD SEWER IMPROVEMENT
PROJECT FROM MAIN STREET TO ANITA STREET IN THE CITY OF
CHULA VISTA, CALIFORNIA (CIP# SW263)" TO GRFCO INC. IN THE
AMOUNT OF $674,500 WAIVING CITY COUNCIL POLICY 574-01,
AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $101,175.
Recommended Action: Council adopt the resolution.
8. 14-0114 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A 45 MPH SPEED LIMIT ON SAN MIGUEL RANCH
ROAD BETWEEN PROCTOR VALLEY ROAD AND SR-125 AND
REVISING SCHEDULE X OF THE REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER TO INCLUDE THIS ESTABLISHED
SPEED LIMIT (FIRST READING) (4/5 VOTE REQUIRED)
Recommended Action: Council place the ordinance on first reading.
9. 14-0120 RESOLUTION NO. 2014-049 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE FISCAL YEAR 2013-14
EQUIPMENT REPLACEMENT FUND BUDGET AND APPROPRIATING
$38,868 TO THE CAPITAL EXPENSES CATEGORY FROM THE
AVAILABLE FUND BALANCE AND AWARDING A PURCHASE
AGREEMENT IN THE AMOUNT OF $182,768.10 FOR A STREET
POTHOLE ASPHALT PATCH TRUCK IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF REQUEST FOR BID NUMBER
B02-13/14 (4/5 VOTE REQUIRED)
Recommended Action: Council adopt the resolution.
Approval of the Consent Calendar
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Ramirez, 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
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City Council Meeting Minutes -Draft March 25,2014
ITEMS REMOVED FROM THE CONSENT CALENDAR (part 2 of 2)
5. 14-0124 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.25.110(C) RELATED TO
EXCUSED ABSENCES FOR MEMBERS OF CITY BOARDS AND
COMMISSIONS DUE TO UNEXPECTED, EMERGENCY SITUATIONS
(FIRST READING)
ACTION: A motion was made by Mayor Cox, seconded by Deputy Mayor Aguilar, to place
the above ordinance on first reading, heading read, text waived. The motion
carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
4. 14-0079 RESOLUTION NO. 2014-046 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CITY COUNCIL POLICY FOR
PUBLIC REVIEW OF CITY COUNCIL AND CITIZEN-SPONSORED
INITIATIVES, INCLUDING FISCAL ANALYSIS, AND CHARTER
REVIEW COMMISSION REVIEW FOR CHARTER-RELATED
PROPOSALS
There was consensus of a majority of the Council to rescind the action on Item 4 and reconsider the
item.
Assistant City Attorney Maland provided additional information on the item.
ACTION: A motion was made by Councilmember Bensoussan, seconded by
Councilmember Salas, to adopt Resolution No. 2014-046, heading read, text
waived. The motion carried by the following vote:
Yes: 3- Bensoussan, Salas and Cox
No: 2- Aguilar and Ramirez
Abstain: 0
PUBLIC COMMENTS
There were none.
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ACTION ITEMS
11. 14-0123 CONSIDERATION OF THE SPONSORSHIP OF HARBORFEST 2014
AND RATIFYING THE FILING OF AN APPLICATION WITH THE
COUNTY OF SAN DIEGO FOR FUNDING
RESOLUTION NO. 2014-051 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2014
HARBORFEST EVENT, APPROVING AND RATIFYING THE FILING
OF AN APPLICATION WITH THE COUNTY OF SAN DIEGO FOR
COMMUNITY ENHANCEMENT PROGRAM FUNDING DURING THE
COUNTY'S 2014-2015 FISCAL YEAR; AND AUTHORIZING THE CITY
MANAGER TO SIGN THE GRANT AGREEMENT
Marketing and Communications Manager Steinberger provided information on the item.
ACTION: A motion was made by Councilmember Bensoussan, seconded by
Councilmember Salas, that Resolution No. 2014-051 be adopted, heading read,
text waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
CITY MANAGER'S REPORTS
City Manager Sandoval thanked the Kaiser Foundation for its continued funding of a swim program for
fourth graders, as well as the Rethink Your Drink campaign, aimed at educating children about nutritious
beverage choices.
He also announced that the Council meeting of April 1, 2014 would be cancelled.
MAYOR'S REPORTS
12. 14-0163 RATIFICATION OF APPOINTMENT OF EMMANUEL SOTO AND KIRIN
MACAPUGAY TO THE CULTURALARTS COMMISSION
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to
ratify the appointments of Soto and Macapugay to the Cultural Arts Commission,
heading read,text waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
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COUNCILMEMBERS' COMMENTS
Councilmember Salas announced an upcoming film showing on March 28, 2014 titled "Cesar Chavez,
an American Hero,"in honor of Cesar Chavez'birthday on March 3.
Councilmember Ramirez spoke in support of a Council discussion to clarify the Council's direction to
staff on the use of the available Telephone Users Tax (TUT)funds.
Councilmember Bensoussan announced the Dog Day in the Park fundraiser, benefitting a future dog
park in Eucalyptus Park, on April 5, 2014. She acknowledged Baldwin and Son's for its $5,000
contribution toward the dog park.
Mayor Cox paid tribute to Lt. Commander Sidney Morris, Jr., father of former Chula Vista City Manager
Sid Morris.
Mayor Cox announced that the Council would convene in closed session to discuss the items listed
below.
Mayor Cox recessed the meeting at 4:33 p.m. The Council reconvened in Closed Session at 4:50 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.
13. 14-0148 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a)
City of Chula Vista, et al. v. Tracy Sandoval, Sacramento Superior
Court, Case No. 34-2014-80001723
Reportable Action: The City Council voted 5-0 to approve authorization to provide waiver of conflict of
interest to the firm of Procopio, Cory, Hargreaves&Savitch in the identified litigation.
14. 14-0173 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One Case.
There was no reportable action.
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15. 14-0175 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representatives: Jim Sandoval, Kelley Bacon, Maria
Kachadoorian, Simon Silva, Dave Hanneman, Jim Garcia and Gary
Ficacci
Employee organizations: CVEA, IAFF, POA, Mid-Managers/Prof and
WCE
There was no reportable action.
ADJOURNMENT
At 7:15 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on April 8, 2014, at
2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Meeting Minutes - Draft
Tuesday,April 8,2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:03 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
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
Sergeant Cervantes led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0197 OATHS OF OFFICE
Kirin Macapugay and Emmanuel Soto, Cultural Arts Commission
City Clerk Norris administered the oaths of office to Commissioners Macapugay and Soto, and Deputy
Mayor Aguilar presented them with certificates of appointment.
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
Captain Ficacci introduced Sergeant Cervantes. Mayor Cox read the proclamation and Councilmember
Bensoussan presented it to Sergeant Cervantes.
C. 14-0170 PRESENTATION OF A PROCLAMATION TO 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
Rogelio Espinoza and Mark Orable, representing CSA San Diego County, thanked the City for its
collaborative efforts. Mayor Cox read the proclamation and Councilmember Ramirez presented it to CSA
San Diego County and City Housing staff.
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D. 14-0160 PRESENTATION OF A PROCLAMATION TO THE CITY'S CLEAN
TEAM MEMBERS PROCLAIMING APRIL AS EARTH MONTH IN
CHULAVISTA
Environmental Resource Manager Reed introduced the City's Clean Team. Mayor Cox read the
proclamation and Councilmember Salas presented it to the Clean Team. Environmental Services
Program Manager France provided information about local upcoming Earth Month events.
E. 14-0133 PRESENTATION BY CHULA VISTA FIREFIGHTERS FOUNDATION
PRESIDENT JOSH SANDERS OF AN OVERVIEW OF THE EFFORTS
OF THE CHULAVISTA FIREFIGHTERS FOUNDATION
Chief Hanneman introduced Chula Vista Firefighters Foundation President, Josh Sanders. Foundation
President Sanders presented an overview of the efforts of the Foundation over the past 10 years.
F. 14-0156 PRESENTATION BY THE FRIENDS OF THE CHULA VISTA LIBRARY
OF A $45,000 DONATION TO CHULA VISTA PUBLIC LIBRARY FOR
PRINTAND DIGITAL BOOKS AND OTHER RESOURCES
Shauna Stokes, representing the Friends of the Chula Vista Library, introduced other members of the
Friends board. On behalf of the Friends of the Chula Vista Library, Ms. Stokes presented a check for
$45,000 to the Chula Vista Public Library for 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
Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Library Director
Waznis and Friends of the Chula Vista Library Executive Board President Stokes.
CONSENT CALENDAR (Items 1 - 11)
Items 5 and 8 were removed from the Consent Calendar at the request of Councilmember Ramirez.
1. 14-0183 APPROVAL OF MINUTES OF January 9, and January 14, 2014.
Recommended Action: Council approve the minutes.
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.
Recommended Action: Council accept the resignations.
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3. 14-0177 ORDINANCE NO. 3306 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.
4. 14-0178 ORDINANCE NO. 3307 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.
Item 5 was removed from the Consent Calendar.
6. 14-0117 RESOLUTION NO. 2014-053 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.
7. 14-0132 RESOLUTION NO. 2014-054 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.
Item 8 was removed from the Consent Calendar.
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9. 14-0154 RESOLUTION NO. 2014-056 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.
10. 14-0166 RESOLUTION NO. 2014-057 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.
11. 14-0167 RESOLUTION NO. 2014-058 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.
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
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ITEMS REMOVED FROM THE CONSENT CALENDAR
5. 14-0104 RESOLUTION NO. 2014-052 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
Councilmember Ramirez spoke in support of reconsidering awarding the contract to Frank & Son
Paving, Inc. upon confirmation that the company met the qualifications for the contract.
Deputy City Attorney Miller provided additional information about the qualifications for the contract and
other requirements for awarding contracts.
City Attorney Googins stated that although Councilmember Salas's property was identified as being
within 500 feet of the subject property, further analysis by staff revealed that she qualified for a
commonly used exception for improvements to existing infrastructure.
In response to questions from Councilmember Aguilar, City Attorney Googins stated that staff had been
investigating options for giving preference to local companies when awarding contracts and would
provide the Council with the status at an upcoming meeting.
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to
adopt Resolution No. 2014-052, heading read, text waived. The motion carried by
the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
8. 14-0151 RESOLUTION NO. 2014-055 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
City Manager Sandoval and Principal Planner Donaghe provided additional information about the item.
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ACTION: A motion was made by Councilmember Bensoussan, seconded by
Councilmember Salas, to adopt Resolution No. 2014-055, heading read, text
waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
At the request of Councilmember Ramirez, there was consensus of the Council to request the City
Manager provide the Council with additional information relating to the business plan and financial
feasibility for the future university site.
PUBLIC COMMENTS
David Danciu, Chula Vista resident, spoke in support of easier access to online City Council agenda
packets.
PUBLIC HEARINGS
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 (This item has been
continued from the April 8, 2014 meeting.)
A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
PRECISE PLAN (PCM-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 NO. 2014-063 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA GRANTING A DESIGN REVIEW PERMIT
(DRC13-31) FOR A PROPOSED PARKING STRUCTURE ON A SITE
LOCATED AT 751 MEDICAL CENTER COURT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the
date and no earlier than the time specified in the notice.
Mayor Cox opened the public hearing and continued the hearing to the next City Council meeting on
April 15, 2014 at 2:00 p.m.
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City Council Meeting Minutes -Draft April 8, 2014
ACTION ITEMS
13. 14-0115 RESOLUTION NO. 2014-059 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)
Director of Library Waznis and David Schnee, consultant, representing Group 4, presented information
on the Library Strategic Plan Vision and Strategic Facilities Plan.
ACTION: A motion was made by Councilmember Bensoussan, seconded by Deputy Mayor
Aguilar, to adopt Resolution No. 2014-059, heading read, text waived. The motion
carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
Mayor Cox recessed the meeting at 4:39 p.m. The Council reconvened at 4:52 p.m., with all members
present.
14. 14-0158 PRESENTATION BY LANDSCAPE PLANNER PATRICIA FERMAN
REGARDING THE MAIN STREET MASTER PLAN UPDATE
Landscape Planner Ferman and Principal Civil Engineer Rivera presented the Main Street Master Plan
update.
Ron Hidinger, Chula Vista resident, expressed concern regarding pedestrian and bicyclist safety on
Main Street. He also spoke in support of pursuing plans to address the areas immediately adjacent to
1-805 and 1-5, currently in the jurisdiction of Caltrans.
John Taylor, consultant, representing KTU+A,provided additional information about the plan.
CITY MANAGER'S REPORTS
City Manager Sandoval announced that the staff-designed Third Avenue Streetscape Plan received an
urban design award from the American Planning Association.
He also announced the infrastructure workshop on April 10, 2014.
MAYOR'S REPORTS
City Clerk Norris provided information on the methods to view the City Council Agenda and related
information.
Mayor Cox announced the following upcoming events: free swim lessons on April 12, 2014 at Parkway
Gym, and the Village Street Faire on April 15, 2014.
Mayor Cox announced the passing of Harriet Acton, former Safety Commissioner.
COUNCILMEMBERS' COMMENTS
Deputy Mayor Aguilar commended the City Manager's office on the early planning of infrastructure
needs.
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City Council Meeting Minutes -Draft April 8, 2014
Councilmember Ramirez spoke in support of special considerations for local businesses in awarding
contracts.
Councilmember Bensoussan announced the following events: TAVA Street Faire and South Bay Artists
Association art show on April 15, 2014, and the third annual Immigration Forum on May 6, 2014. She
reported on the recent Dog Day in the Park fundraiser for a future dog park in Eucalyptus Park, and
thanked the event's supporters. She stated approximately$6,000 had been raised to date.
Mayor Cox announced that the Council would convene in closed session to discuss the items listed
below.
Mayor Cox recessed the meeting at 5:52 p.m. The Council reconvened in Closed Session at 6:01 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.
15. 14-0208 PUBLIC EMPLOYMENT APPOINTMENT
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957(b)
Title: CITY MANAGER
There was no reportable action for Item 15.
ADJOURNMENT
At 7:37 p.m., Mayor Cox adjourned the meeting to the City Council Workshop on April 10, 2014, at 4:00
p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
Meeting Minutes - Draft
Thursday,April 10,2014 4:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
CITY COUNCIL WORKSHOP
CALL TO ORDER
A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez,
Councilmember Salas and Mayor Cox
Councilmember Ramirez arrived at 4:11 p.m. and Deputy MayorAguilar arrived at 4:48 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
Councilmember Salas led the Pledge of Allegiance.
PUBLIC COMMENTS
There were none.
WORKSHOP
14-0212 INFRASTRUCTURE WORKSHOP
Presentation by staff of an update on the condition of the infrastructure
within each of the City's asset management programs (Building,
Drainage, Fleet, General Government, Open Space, Parks, Roadway,
Urban Forestry, and Wastewater) and identification of critical needs and
funding strategies.
Public Works Director Hopkins introduced consultants Colin Chung, representing GHD Consulting, and
Dr. Timothy McLarney, representing True North Research.
Mr. Chung and Public Works Director Hopkins provided an overview of the goals and development of
the City's asset management program.
Mr. Chung and Public Works Director Hopkins gave a presentation about the City's nine asset
management programs: Building Management System (BMS), Drainage Management System (DMS),
Fleet Maintenance System (FMS), General Government Management System (GGMS), Open Space
Management System (OSMS), Parks Management System (PMS), Roadway Management System
(RMS), Urban Forestry Management System (UFMS), and Wastewater Management System (WMS).
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City Council Meeting Minutes -Draft April 10,2014
Public Works Director Hopkins provided information on funding needs to support the asset management
programs, as well as potential funding strategies.
Dr. McLarney presented information on the purpose and results of a recent Chula Vista community
survey. The results of the survey included information on the community's priorities and satisfaction with
City services.
Mayor Cox commended staff on the positive survey results.
Councilmember Salas commended staff and the consultants on the presentation.
In response to questions from Councilmember Bensoussan, Public Works Director Hopkins provided
additional information on the ongoing inventory calculations and upcoming changes to the fleet
maintenance program.
In response to questions from Councilmember Ramirez, Dr. McLarney provided additional details about
the methodology and results of the community survey.
In response to questions from Deputy Mayor Aguilar, Public Works Director Hopkins provided
information on potential assessment districts for asset improvements and maintenance.
ADJOURNMENT
At 5:50 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on April 15, 2014, at
2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
City of Chula Vista Page 2
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City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0284, Item#: 2.
WRITTEN COMMUNICATIONS
Letter of resignation from Benjamin Flores, Resource Conservation Commission.
RECOMMENDED ACTION
Council accept the resignation.
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Sent: Thursday, May 01, 2014 3:41 PM
To: Julie Lindsey
Cc: Brendan Reed
Subject: Re: Ben Flores - No RCC
Julie,
Hello and good afternoon. Unfortunately I have to resign from the RCC and CCWG due to my new employment. I am
grateful that the City of Chula Vista allowed me to fill this role. It has been a great and fascinating experience.
Sincerely,
Benjamin Flores
Sent from my iphone
2014-05-13 Agenda Packet Page 43
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0122, Item#: 3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
RATIFYING THE 2013/14 BUDGET OF THE THIRD AVENUE BUSINESS IMPROVEMENT
DISTRICT AND AUTHORIZING THE DISBURSEMENT OF FUNDS IN ACCORDANCE WITH THE
BUDGET
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In accordance with Chula Vista Municipal Code Chapter 2.22, the Town Center Business and
Professional Association, known as the Third Avenue Village Association, is required to submit an
annual budget for the balance of the calendar year for expenditures of funds realized through the
additional assessment imposed on businesses located within the Downtown Business Improvement
District.
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 approval of the 2013/14
budget of the Third Avenue Business Improvement District is not a "Project" as defined under section
15378 of the State CEQA Guidelines because it involves a governmental fiscal activity which will not
result in a potentially significant physical impact on the environment. Therefore, pursuant to Section
15060(C)(3) of the State CEQA Guideline the activity is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Chula Vista Downtown Business Association was established in 1971 to promote business
activities in downtown Chula Vista and to aid in efforts to revitalize the area. The City Council
Ordinance establishing the Downtown Business Improvement District (BID) requires that the Town
Center Business and Professional Association, known as the Third Avenue Village Association
(TAVA), submit annually a budget for the balance of the calendar year (Attachment A). The budget is
subject to City Council approval, and authorization for disbursement of funds in accordance with the
budget, for the purposes set forth in CVMC Chapter 2.22. Those purposes are generally:
decorations, promotion of events, furnishing of music, and promotion of retail trade activities, all
within the BID. The attached budget was submitted by TAVA pursuant to Chapter 2.22. It only
represents the BID budget from July 1, 2013 to June 30, 2014 which is consistent with TAVA's fiscal
year but is inconsistent with the provisions of the Code. Staff recognizes the budget does not cover
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File#: 14-0122, Item#: 3.
the remainder of the calendar year, as contemplated by the Code and will review the Code
procedures with TAVA to determine if Code amendments are needed for future BID budget items.
TAVA is a non-profit corporation formed to administer the District's business. Generally the
organization receives approximately $23,000 annually from the BID.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a property-related conflict
of interest exists, in that Council member Salas has real 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. Approval of this item
aids in economic vitality through TAVA's work to promote an environment for residents and business
to prosper within the BID. Through their maintenance activities they support strong and secure
neighborhoods by helping to maintain BID infrastructure where Chula Vista residents live, work and
play. They also help to support a connected community by providing events that engage the
community and enrich the quality of life.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
There is no on-going fiscal impact to the General Fund.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND RATIFYING THE 2013/14
BUDGET OF THE THIRD AVENUE BUSINESS
IMPROVEMENT DISTRICT AND AUTHORIZING THE
DISBURSEMENT OF FUNDS IN ACCORDANCE WITH
THE BUDGET
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement District (BID) on November 16, 1971 and created the Town Centre
Business and Professional Association, now known as the Third Avenue Village
Association (the "Association"); and
WHEREAS, Chula Vista Municipal Code Chapter 2.22 requires that the
Association submit a budget annually for City Council approval, and authorization for
disbursement of funds in accordance with the budget; and
WHEREAS, CVMC section 2.22.030 sets forth the uses for which the business
license tax funds provided to the Association may be used which generally include:
decorations, promotion of events, furnishing of music, and promotion of retail trade
activities, all within the BID; and
WHEREAS, the Downtown Business Association also known as the Third
Avenue Village Association (TAVA), has submitted its budget for the period July 1, 2013
through June 30, 2014, for ratification and approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it hereby ratifies and approves the 2013/14 budget of the Third Avenue
Business Improvement District, in in the form presented, a copy of which shall be kept
on file in the Office of the City, and authorizes the disbursement of funds in accordance
with the budget submitted.
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Development Services Director City Attorney
2014-05-13 Agenda Packet Page 46
4
i
April 15, 2014
THIRD AVENUE VILLAGE ASSOCIATION
353 Third Avenue
Chula Vista,CA 91910
(619)422-1982 Phone City of Chula Vista
(619)422-1452 Facsimile Attention: Eric Crockett
www.thirdavenuevillage.com 276 Fourth Avenue
Chula Vista, CA 91910
RE: Third Avenue Village Association- BID Budget
2014 Board of Directors
Christine Moore—President
Michael Green—Past President Dear Mr. Crockett,
Betsy Keller—Vice President
John Mendez—Secretary As you are aware, The Third Avenue Village Association (TAVA)
Greg Smyth—Treasurer is a business improvement district (BID) that each year receives
funding from the City of Chula Vista through annual district
business license fees.
Steve Bandoian
Eric Crockett It is with the assistance of these fees, along with event driven
income, that TAVA is able to promote our business district and the
Carl Harry city of Chula Vista through our annual events.
John Moreno
Todd Reinheimer Attached to this document is the 2013-2014 BID budget that
Snooky Rico demonstrates the projected event expenses and revenue categories
for the BID. The actual expense items will be submitted to the
Kathy Sparks City of Chula Vista for reimbursement up to the collected fees
Ian Trotter which is estimated to be 22,600 for the current fiscal year.
On behalf of the Third Avenue Village Association, we express
our thanks and gratitude to the City of Chula Vista for your
EXECUTIVE DIRECTOR continued support of our business improvement district.
Luanne Hulsizer
R s ectfully submitted,
OFFICE MANAGER
Heather Marshall
Luanne Hulsizer
EVENT COORDINATOR Executive Director
Jim Schneider
MAINTENANCE MANAGER
James Atencio
2014-05-13 Agenda Packet Page 47
Third Avenue Village Association
BID Budget 2013 - 2014
Activity/ Items Lemon Village Holiday in Taste of Village Farmers
Festival Vibe the Village Third Street Market
Concerts Faire
City Permits&Fees 700 0 200 0 700 0
CV Police 6,000 0 1,300 0 6,000 0
Public Works 2,500 0 500 0 2,500 0
Sound System(2) stages 1,400 0 600 0 1,400 0
Communications 145 0 75 0 145 0
(radios)
Entertainment 2,500 2,500 1,300 0 2,500 0
Generator Rentals 400 0 0 0 400 0
Rentals 2,500 0 800 0 2,500 0
Port-o-potties/Sinks 1,400 250 400 0 1,400 4,800
Advertising/Marketing 1,000 1,000 1,000 1,000 1,000 1,000
Recyling Expense 400 0 0 0 400 0
4 Points-traffic control 1,200 0 0 0 1,200 0
SignageBanners 1,000 450 450 450 450 400
Printing 200 100 100 300 200 300
Supplies 300 100 300 100 300 0
Website/Graphic Art 300 300 300 400 300 0
J& S Power Cleaning 2,600 0 2,600 0 2,600 0
BMI &ASCAP 200 200 200 0 200 0
Event Expenses 1 24,745 4,900 10,125 2,250 24,195 6,500
Total Event Ex ense 72,715
Projected Income Events Grants Business Lie Associate
Members
103 800 2,500 22,600 1,200
Total Income 130,100
Total Net Income 57,385
2014-05-13 Agenda Packet Page 48
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0259, Item#: 4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN
DIEGO UNIFIED PORT DISTRICT
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On May 8, 2012, the City of Chula Vista (City) and the San Diego Unified Port District (District),
approved and entered into a Financing Agreement for the Chula Vista Bayfront Master Plan
(CVBMP) which identified the rights and obligations with respect to the financing, development and
construction of the public improvements, infrastructure and conference center. The Financing
Agreement established that the City and District would establish a Joint Powers Authority to provide
for or facilitate the financing of the public improvements and the convention center. The City and
District desire to create and establish the Chula Vista Bayfront Facilities Financing Authority (the
"Authority") to implement common objectives of the parties related to the development of the
CVBMP.
ENVIRONMENTAL REVIEW
The Development Services Director has determined that approval of the Joint Exercise of Powers
Agreement and formation of the Authority are not projects as defined under Section 15378(b)(5) of
the California Environmental Quality Act (CEQA) Guidelines because these actions involve only 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.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The City is authorized to enter into the attached Joint Exercise of Powers Agreement (JEPA)
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California. Both the City and District staff propose to establish the
JEPA prior to the release of a Request for Qualifications (RFQ) for the development of the Hotel and
Convention Center, currently anticipated for release in June 2014. The JEPA will further define and
exhibit to the development community the continued cooperation and dedication both jurisdictions
maintain toward the successful implementation of the CVBMP.
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File#: 14-0259, Item#: 4.
Joint Exercise of Powers Agreement:
The attached JEPA is proposed for the sole purpose of assisting in the financing and refinancing of
capital improvement projects of the CVBMP as contemplated by the Finance Agreement. The JEPA
will be a separate public entity separate from the District and the City. The Governing Board is
proposed to consist of five (5) members as follows:
Two (2) members appointed by the City Council;
Two (2) members appointed by the Port District;
One (1) member will be the Chula Vista appointed Port Commissioner.
All administrative functions (Secretary, Treasurer and Executive Director) will be fulfilled by existing
Port District staff. The parties have acknowledged that the anticipated source of funding to secure
debt issued by the JEPA will be Port District Ground Lease Revenues, Lease payments payable from
public funds, City Transient Occupancy Tax and potentially future Tourism and Marketing District
revenues. These revenues minus operation and maintenance cost will comprise the Net Financing
Revenue available to the JEPA to support the debt service payments on issued revenue bonds as
described in the Chula Vista Bayfront Master Plan Financing Agreement. Under California law and
the Joint Exercise of Powers Agreement, the Authority will be a public entity separate and apart from
the City and District and the debts, liabilities or obligations of the Authority will not be the debts,
liabilities or obligations of the City, the District or any representative of the City or District serving on
the governing body of the Authority.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, and has not been informed by any Council member, of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
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 Joint Exercise of
Powers Agreement supports Economic Vitality, strategy 2.1 (provide policies, planning, infrastructure,
and services that are fundamental to an economically strong, vibrant city) and city initiative 2.1 .1
(implement the Bayfront Master Plan) by seeking to target and attract new businesses, promote
balanced land use and reinvest in the City.
CURRENT YEAR FISCAL IMPACT
There is no current fiscal impact to the General Fund by approving the Joint Exercise of Powers
Agreement.
ONGOING FISCAL IMPACT
Under California law and the Joint Exercise of Powers Agreement, the Authority will be a public entity
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File#: 14-0259, Item#: 4.
separate and apart from the City and District and the debts, liabilities or obligations of the Authority
will not be the debts, liabilities or obligations of the City, the District or any representative of the City
or District serving on the governing body of the Authority. As described in the Chula Vista Bayfront
Master Plan Financing Agreement, the City will provide an amount equivalent to the TOT generated
within the CVBMP Project Area to support debt service payments on bonds issued by the Chula Vista
Bayfront Facilities Financing Authority.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT EXERCISE OF
POWERS AGREEMENT BETWEEN THE CITY AND THE
SAN DIEGO UNIFIED PORT DISTRICT
WHEREAS, the City of Chula Vista (the "City"), is a chartered city organized and
existing under the laws of the State of California; and
WHEREAS, the City, acting pursuant to Article I (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "JPA
Act") may enter into a joint exercise of powers agreement with one or more other public
agencies pursuant to which such contracting parties may jointly exercise any power common to
them and, pursuant to Government Code Section 6588, exercise certain additional powers; and
WHEREAS, the City and the San Diego Unified Port District (the "Port District") desire
to create and establish the Chula Vista Bayfront Facilities Financing Authority (the "Authority")
pursuant to the JPA Act to implement common objectives of the parties related to the
approximately 535-acre Chula Vista Bayfront; and
WHEREAS, there has been presented at this meeting a proposed form of Joint Exercise
of Powers Agreement, dated as of May 6, 2014 (the "Joint Exercise Powers Agreement"),by and
between the City and the Port District, which Joint Exercise of Powers Agreement creates and
establishes the Authority; and
WHEREAS, under California law and the Joint Exercise of Powers Agreement, the
Authority will be a public entity separate and apart from the parties to the Joint Exercise of
Powers Agreement, and the debts, liabilities and obligations of the Authority will not be the
debts, liabilities or obligations of the City, the Port District or any representative of the City or
the Port District serving on the governing body of the Authority; and
WHEREAS, approval of the Joint Exercise of Powers Agreement and formation of the
Authority are not projects as defined under Section 15378(b)(5) of the California Environmental
Quality Act (CEQA) Guidelines because these actions involve only 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Joint Exercise of Powers Agreement between the City of Chula Vista
and the San Diego Unified Port District 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.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula does hereby
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Resolution No.
Page 2
authorize and recommend that the Mayor execute the subject Joint Exercise of Powers
Agreement.
Presented by Approved as to form by
Kelly Broughton,FASLA Glen R. Googins
Director of Development Services City Attorney
2014-05-13 Agenda Packet Page 53
JOINT EXERCISE OF POWERS AGREEMENT
by and between
CITY OF CHULA VISTA
and
SAN DIEGO UNIFIED PORT DISTRICT
creating the
CHULA VISTA BAYFRONT FACILITIES FINANCING AUTHORITY
dated as of
May 1, 2014
DOC S OC/1643198v 5/024036-0062
2014-05-13 Agenda Packet Page 54
TABLE OF CONTENTS
Section1. Definitions-----------------------------------------------------------------------------------------------------------------------------2
Section2. Purpose----------------------------------------------------------------------------------------------------------------------------------3
Section3. Term--------------------------------------------------------------------------------------------------------------------------------------3
Section4. The Authority------------------------------------------------------------------------------------------------------------------------3
A. Creation of the Authority------------------------------------------------------------------------------------------3
B. Governing Board-------------------------------------------------------------------------------------------------------3
C. Meetings of Board-----------------------------------------------------------------------------------------------------4
D. Officers; Duties; Bonds---------------------------------------------------------------------------------------------5
Section5. Powers-----------------------------------------------------------------------------------------------------------------------------------7
Section 6. Termination of Powers----------------------------------------------------------------------------------------------------------7
Section7. Fiscal Year-----------------------------------------------------------------------------------------------------------------------------7
Section8. Disposition of Assets-------------------------------------------------------------------------------------------------------------7
Section 9. Contributions and Advances--------------------------------------------------------------------------------------------------8
Section10. Bonds------------------------------------------------------------------------------------------------------------------------------------- 8
A. Authority To Issue Bonds----------------------------------------------------------------------------------------- 8
B. Bonds Limited Obligations--------------------------------------------------------------------------------------- 8
Section 11. Agreement Not Exclusive------------------------------------------------------------------------------------------------------9
Section12. Accounts and Reports............................................................................................................9
A. Audits........................................................................................................................9
B. Audit Reports------------------------------------------------------------------------------------------------------------9
Section13. Funds-------------------------------------------------------------------------------------------------------------------------------------9
Section 14. Conflict of Interest Code-------------------------------------------------------------------------------------------------------9
Section15. Breach------------------------------------------------------------------------------------------------------------------------------------9
Section16. Notices--------------------------------------------------------------------------------------------------------------------------------- 10
Section17. Withdrawal-------------------------------------------------------------------------------------------------------------------------- 10
Section18. Effectiveness ----------------------------------------------------------------------------------------------------------------------- 10
Section19. Severability-------------------------------------------------------------------------------------------------------------------------- 10
Section 20. Successors; Assignment------------------------------------------------------------------------------------------------------ 10
Section 21. Amendment of Agreement-------------------------------------------------------------------------------------------------- 10
Section22. Form of Approvals -------------------------------------------------------------------------------------------------------------- 10
Section 23. Waiver of Personal Liability ............................................................................................... 10
Section24. Section Headings----------------------------------------------------------------------------------------------------------------- I I
Section25. Counterparts ------------------------------------------------------------------------------------------------------------------------ 11
Section26. Designees----------------------------------------------------------------------------------------------------------------------------- I I
Section27. Governing Law-------------------------------------------------------------------------------------------------------------------- I I
Section28. Integration ---------------------------------------------------------------------------------------------------------------------------I I
i
DOCSOC/1643198v5/024036-0062
2014-05-13 Agenda Packet Page 55
JOINT EXERCISE OF POWERS AGREEMENT
THIS JOINT EXERCISE OF POWERS AGREEMENT, dated as of May 1, 2014, is entered
into by and between the CITY OF CHULA VISTA (the "City"), a chartered city organized and
existing under the laws of the State, and the SAN DIEGO UNIFIED PORT DISTRICT (the "Port
District"), a public corporation created by the legislature in 1962 pursuant to Harbors and Navigation
Code Appendix 1, ("Port Act") (each of the City and the Port District, a"Member").
DECLARATION OF PURPOSE
A. Chapter 5 of Division 7 of Title 1 of the Government Code authorizes the City and
the Port District to create a joint exercise of powers entity which has the power to exercise any
powers common to the City and the Port District and to exercise additional powers granted to it under
the Act, including but not limited to the issuance of bonds, (defined under Section 6584(c)(4) of the
Act to include certificates of participation), pursuant to Section 6588 thereof. This Agreement
creates such an entity, which shall be known as the Chula Vista Bayfront Facilities Financing
Authority, for the purposes and to exercise the powers described herein.
B. Article 4 of the Act (known as the "Marks-Roos Local Bond Pooling Act of 1985,"
Government Code Section 6584 et seq.) authorizes and empowers the Authority to issue Bonds and
to purchase bonds issued by, or to make loans to, the City or the Port District or other public or
private entity for financing or providing interim financing for the acquisition, construction,
installation and improvement of public facilities and other public capital improvements, working
capital, liability and other insurance needs, or projects whenever there are significant public benefits,
as determined by the City or the Port District. The Marks-Roos Local Bond Pooling Act of 1985
further authorizes and empowers the Authority to sell Bonds so issued or purchased to public or
private purchasers at public or negotiated sale.
C. Each of the Members is empowered by law to promote economic, cultural and
community development, including, without limitation, the promotion of opportunities for the
creation or retention of employment, the stimulation of economic activity, the increase of the tax
base, and the promotion of opportunities for education, cultural improvement and public health,
safety and general welfare.
D. Each of the Members may accomplish the purposes and objectives described in the
preceding preamble by various means, including through making grants, loans or providing other
financial assistance to governmental and nonprofit organizations.
E. Each Member is also empowered by law to acquire and dispose of real property for a
public purpose.
F. The Joint Exercise of Powers Act authorizes the Members to create a joint exercise of
powers entity with the authority to exercise any powers common to the Members, as specified in this
Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and
any other applicable provisions of the laws of the State of California.
G. A public entity established pursuant to the Joint Exercise of Powers Act is
empowered to issue or execute bonds, notes, commercial paper or any other evidences of
1
DOCSOC/1643198v5/024036-0062
2014-05-13 Agenda Packet Page 56
indebtedness, including leases or installment sale agreements or certificates of participation therein
(herein `Bonds"), and to otherwise undertake financing programs under the Joint Exercise of Powers
Act or other applicable provisions of the laws of the State of California to accomplish its public
purposes.
H. The Members have determined to specifically authorize a public entity authorized
pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers
Act or other applicable provisions.
1. The Members have undertaken certain common efforts to create a master plan and
promote development of the approximately 535-acre Chula Vista Bayfront ("Chula Vista Bayfront")
and have entered into that certain Chula Vista Bayfront Master Plan Financing Agreement dated May
8, 2012 (the "Financing Agreement").
J. It is the desire of the Members to use a public entity established pursuant to the Joint
Exercise of Powers Act to undertake the financing and/or refinancing of Chula Vista Bayfront project
contemplated by the Financing Agreement or otherwise, and such other projects of any nature,
including, but not limited to, capital or working capital projects, insurance, liability or retirement
programs or facilitation of Members' use of existing or new financial instruments and mechanisms.
K. It is further the intention of the Members that the projects undertaken will result in
significant public benefits to the inhabitants of the jurisdictions of the Members.
TERMS OF AGREEMENT
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall for all purposes of this Agreement have the meanings herein specified.
Act. The term "Act" means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code (Section 6500 et seq.), as amended.
Agreement. The term "Agreement" means this Joint Exercise of Powers Agreement, as it
may be amended from time to time, creating the Authority.
Authority. The term "Authority" means the Chula Vista Bayfront Facilities Financing
Authority created by this Agreement.
Board; Board of Directors. The terms "Board" or "Board of Directors" mean the governing
board of the Authority, which shall be comprised of five members consisting of (i) two members
appointed by the City Council of the City, (ii) two members appointed by the Board of Port
Commissioners, and (iii) the Port Commissioner appointed by the City Council of the City as set
forth in Section 4.13 hereof.
Bonds. The term "Bonds" means bonds and any other evidence of indebtedness of the
Authority authorized and issued pursuant to the Act, including but not limited to Section 6584(c)
thereof.
Brown Act. The term `Brown Act" means the Government Code provisions at Section
54950 et seq. governing the notice and agenda requirements for meetings of government agencies in
the State and any later amendments,revisions, or successor enactments.
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Cam. The term "City" means the City of Chula Vista, a charter city organized and existing
under the laws of the State.
Fiscal Year. The term"Fiscal Year"has the meaning set forth in Section 7.
Government Code. The term"Government Code" means the Government Code of the State.
Harbors and Navigation Code. The term"Harbors and Navigation Code" means the Harbors
and Navigation Code of the State.
Indenture. The term "Indenture" means each indenture, trust agreement or other such
instrument pursuant to which Bonds are issued.
Member. The term "Member" or "Members" means the City and/or the Port District, as
appropriate.
Port District. The term "Port District" means the San Diego Unified Port District, a public
corporation created by the Legislature in 1962 pursuant to Harbors and Navigation Code Appendix 1,
("Port Act").
State. The term"State" means the State of California.
Section 2. Purpose. This Agreement is made pursuant to the Act for the purpose of
assisting in the financing and refinancing of capital improvement projects of the Members and other
activities of the Members as permitted under the Act including, without limitation, those related to
the Chula Vista Bayfront as contemplated by the Financing Agreement or otherwise, by exercising
the powers referred to in this Agreement.
Section 3. Term. This Agreement shall become effective as of the date hereof and shall
continue in full force and effect until terminated by a supplemental agreement of the Port District and
the City; provided, however, that in no event shall this Agreement terminate while any Bonds or
other obligations of the Authority remain outstanding under the terms of any indenture, trust
agreement, contract, agreement, lease, sublease or other instrument pursuant to which such Bonds are
issued or other obligations are incurred.
Section 4. The Authority.
A. Creation of the Authority. There is hereby created pursuant to the Act an
authority and public entity to be known as the "Chula Vista Bayfront Facilities Financing Authority."
As provided in the Act, the Authority shall be a public entity separate from the City and the Port
District. The debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or
obligations of the City or the Port District.
Within 30 days after the effective date of this Agreement or any amendment hereto, the
Authority will cause a notice of this Agreement or amendment to be prepared and filed with the
office of the Secretary of State of the State in the manner set forth in Section 6503.5 of the Act. Such
notice shall also be filed with the office of the Controller of the State.
B. Governing Board. The Authority shall be administered by the Board, which
shall be comprised of five members consisting of(i) two members appointed by the City Council of
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the City, (ii) two members appointed by the Port District Board of Port Commissioners, and (iii) the
Port Commissioner appointed by the City Council of the City. Board members shall be designated
from time to time by action of the governing board of the City Council and the Port District,
respectively, certified copies of which shall be delivered to the Secretary. Board Members must be
members of the governing body or employees of the Port District or the City, as applicable. The
term of office as a member of the Board shall terminate when such member of the Board (i) shall be
replaced by action of the City Council of the City (with respect to Board members appointed by it)or
the Port District Board of Port Commissioners (with respect to Board members appointed by it), or
(ii) shall cease to hold his or her respective office or employment at the City or the Port District, as
the case may be. The successor to such officer or director of the City or Port District may become a
member of the Board upon assuming such office or employment and being so designated by the
governing board of such entity.
C. Meetings of Board.
(1) Time and Place. The Board shall hold its regular meetings at such
times as may be established by resolution of the Board or pursuant to bylaws of the Authority. The
Board may suspend the holding of regular meetings so long as there is no need for Authority
business, and provided that any action taken regarding the sale of Bonds shall occur by resolution
placed on a noticed and posted meeting agenda consistent with the requirements for regular meetings
under the Brown Act. At all times, each regular meeting of the Authority shall take place pursuant to
a 72 hour notice and agenda requirement or as otherwise provided by the Brown Act.
The Board may hold special meetings at any time and from time to time in accordance with
the Brown Act. A special meeting may be called at any time by the Secretary of the Authority or the
Executive Director of the Authority by delivering written notice to each Board member. Such
written notice may be dispensed with as to any Board member who at or prior to the time the meeting
convenes files with the Secretary of the Authority a written waiver of notice. Such waiver may be
given by telegram, telecopy or electronic mail. Such written notice may also be dispensed with as to
any member who is actually present at the meeting.
Nothing contained in this Agreement shall be construed to prevent the Board from holding
closed sessions during a regular or special meeting concerning any matter permitted by law to be
considered in a closed session.
All public hearings held by the Board shall be held during regular or special meetings of the
Board.
The Board may adjourn any meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all Board members are
absent from any regular meeting or adjourned regular meeting, the Secretary or acting Secretary of
the Authority may declare the meeting adjourned to a stated time and place and shall cause a written
notice of the adjournment to be given in the same manner as provided for special meetings unless
such notice is waived as provided for special meetings. A copy of the order or notice of adjournment
shall be conspicuously posted on or near the door of the place where the meeting was held within 24
hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned
as provided in this Section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjournment of any meeting fails to state the hour at which the
adjourned meeting is to be held, it shall be held at the hour specified for regular meetings.
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Any public hearing being held, or any hearing noticed or ordered to be held at any meeting
may by order or notice of continuance be continued or recontinued to any subsequent meeting in the
same manner and to the same extent set forth herein for the adjournment of the meetings; provided
that, if the hearing is continued to a time less than 24 hours after the time specified in the order or
notice of hearing, a copy of the order or notice of continuance shall be posted immediately following
the meeting at which the order or declaration of continuance was adopted or made.
The Chair of the Board or the Executive Director of the Authority shall prepare or approve
the agenda of all meetings. Business will be conducted according to the agenda, except when
determined by the Board as permitted by law.
The presiding officer at the meeting shall determine the rules of conduct.
(2) Legal Notice. All regular and special meetings of the Board shall be
called,noticed,held and conducted subject to the provisions of the Brown Act.
(3) Minutes. The Secretary of the Authority shall cause minutes of all
meetings of the Board to be kept and shall, as soon as practicable after each meeting, cause a copy of
the minutes to be forwarded to each member of the Board and to the City and the Port District.
(4) Quorum. A majority of the members of the Board shall constitute a
quorum for the transaction of business, except that less than a quorum may adjourn meetings from
time to time. Any action or decision of the Authority shall be on motion duly approved by a majority
of the Board(i.e.,three members) at a lawfully held meeting.
D. Officers; Duties; Bonds.
(1) The officers of the Authority shall be the Chair, the Vice Chair, the
Secretary, the Treasurer and the Executive Director. Such officers may be directors or officers of the
City or the Port District serving ex officio.
(A) Chair. The Chair of the Authority shall be the Board member
selected to serve as Chair by action of the Board. The term of office shall be the same as the term of
the Mayor of the City. The Chair shall preside at all meetings of the Authority, and shall submit such
information and recommendations to the Board as he or she may consider proper concerning the
business,policies and affairs of the Authority.
(B) Vice Chair. The Vice Chair shall be the Board member who
is selected to serve as Vice-Chair by action of the Board. The term of office shall be the same as the
term of the Mayor of the City. The Vice Chair shall perform the duties of the Chair in the absence or
incapacity of the Chair. In case of the resignation or death of the Chair,the Vice Chair shall perform
such duties as are imposed on the Chair,until such time as a new Chair is selected or appointed
(C) Secretary- The Clerk of the Port District is hereby designated
as the Secretary of the Authority. The Secretary shall keep the records of the Authority, shall act as
Secretary at the meetings of the Authority and record all votes, and shall keep a record of the
proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall
perform all duties incident to the office.
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(D) Treasurer. The Chief Financial Officer/Treasurer of the Port
District is hereby designated as the Treasurer of the Authority. Subject to the applicable provisions
of any trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the
Treasurer is designated as the public officer or person who has charge of, handles, or has access to
any property of the Authority, and shall file an official bond if so required by the Board of the
Authority and, as such, shall have the powers, duties and responsibilities specified in Section 6505.1
of the Act.
(E) Executive Director. The President/CEO of the Port District is
hereby designated the Executive Director of the Authority and shall be responsible for execution and
supervision of the affairs of the Authority. Except as otherwise authorized by resolution of the
Board, the Executive Director or the Executive Director's designee shall sign all contracts, deeds and
other instruments executed by the Authority. In addition, subject to the applicable provisions of any
trust agreement, indenture or resolution providing for a trustee or other fiscal agent, the Executive
Director is designated as the public officer or person who has charge of, handles, or has access to any
property of the Authority, and shall file an official bond if so required by the Board and, as such,
shall have the powers, duties and responsibilities specified in Section 6505.1 of the Act.
(2) So long as required by Sections 6505 and 6505.5 of the Act, the
Treasurer of the Authority shall prepare or cause to be prepared: (a) a special audit as required
pursuant to Section 6505 of the Act no less frequently than once in every two-year period during the
term of this Agreement; and (b) a report in writing on the first day of July, October, January and
April of each year to the Board, the City and the Port District,which report shall describe the amount
of money held by the Treasurer of the Authority for the Board, the amount of receipts since the last
such report,and the amount paid out since the last such report(which may exclude amounts held by a
trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other
fiduciary provides regular reports covering such amounts).
(3) The services of the officers shall be without compensation by the
Authority unless said officers are otherwise compensated in accordance with Section 4.13.
hereinabove or as employees of the City. The City will provide such other administrative services as
required by the Authority, and shall not receive economic remuneration from the Authority for the
provision of such services.
(4) The Board shall have the power to appoint such other officers and
employees as it may deem necessary and to retain independent counsel, consultants and accountants.
(5) All of the privileges and immunities from liability, exemptions from
laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits
which apply to the activities of officers, agents or employees of the Members when performing their
respective functions within the territorial limits of their respective Member, shall apply to them to the
same degree and extent while engaged in the performance of any of their functions and duties
extraterritorially under the provisions of this Agreement.
(6) None of the officers, agents or employees, if any, directly employed
by the Authority shall be deemed, by reason of their employment by the Authority, to be employed
by any Member or, by reason of their employment by the Authority, to be subject to any of the
requirements of any Member.
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(7) The Members hereby confirm their intent and agree that, as provided
in Section 4.A hereof and in the Act, the debts, liabilities and obligations of the Authority shall not
constitute debts,liabilities or obligations of the City or the Port District.
(8) In any event, the Authority or the City shall cause all records
regarding the Authority's formation, existence, operations, any Bonds issued by the Authority,
obligations incurred by it and proceedings pertaining to its termination to be retained for at least six
(6) years following termination of the Authority or final payment of any Bonds issued by the
Authority,whichever is later.
(9) Confirmation of officers shall be the first order of business at the first
meeting of the Authority,regular or special,held in each calendar year.
(10) No Board member, officer, agent or employee of the Authority,
without prior specific or general authority by a vote of the Board, shall have any power or authority
to bind the Authority by any contract,to pledge its credit, or to render it liable for any purpose in any
amount.
Section 5. Powers. The Authority shall have any and all powers which are common
powers of the City and the Port District, and any and all powers separately conferred by law upon the
Authority. All such powers, whether common to the Members or separately conferred by law upon
the Authority, are specified as powers of the Authority to the extent permitted by law, except any
such powers which are specifically prohibited to the Authority by applicable law. To the extent
required by the Act, the Authority's exercise of its powers is subject to the restrictions upon the
manner of exercising the powers of the City.
The Authority is hereby authorized, in its own name, to do all acts necessary or convenient
for the exercise of its powers, including, but not limited to, any or all of the following: to sue and be
sued; to make and enter into contracts; to employ agents, consultants, attorneys, accountants, and
employees; to acquire, hold or dispose of property, whether real or personal, tangible or intangible,
wherever located; and to issue Bonds or otherwise incur debts, liabilities or obligations to the extent
authorized by the Act or any other applicable provision of law and to pledge any property or
revenues or the rights thereto as security for such Bonds and other indebtedness.
Notwithstanding the foregoing, the Authority shall have any additional powers conferred
under the Act or under applicable law, insofar as such additional powers may be necessary to
accomplish the purposes set forth in Section 2 hereof.
Section 6. Termination of Powers. The Authority shall continue to exercise the powers
herein conferred upon it until the termination of this Agreement in accordance with Section 3 hereof.
Section 7. Fiscal Year. Unless and until changed by resolution of the Board, the Fiscal
Year of the Authority shall be the period from July 1 of each year to and including the following June
30, except for the first Fiscal Year, which shall be the period from the date of this Agreement to June
30, 2014.
Section 8. Disposition of Assets. Upon termination of this Agreement pursuant to
Section 3 hereof, any surplus money in possession of the Authority or on deposit in any fund or
account of the Authority shall be returned in proportion to any contributions made as required by
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Section 6512 of the Act. The Board is vested with all powers of the Authority for the purpose of
concluding and dissolving the business affairs of the Authority. After rescission or termination of
this Agreement pursuant to Section 3 hereof, all property of the Authority, both real and personal,
shall be distributed to the City, subject to Section 9 hereof.
Section 9. Contributions and Advances. Contributions or advances of public funds and
of personnel, equipment or property may be made to the Authority by the City and the Port District
for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost
of any such contribution. Any such advance made in respect of a revenue-producing facility shall be
made subject to repayment, and shall be repaid, in the manner agreed upon by the City or the Port
District, as the case may be, and the Authority at the time of making such advance as provided by
Section 6512.1 of the Act. It is mutually understood and agreed that neither the City nor the Port
District has any obligation to make advances or contributions to the Authority to provide for the costs
and expenses of administration of the Authority, even though either may do so. The City or the Port
District may allow the use of personnel, equipment or property in lieu of other contributions or
advances to the Authority.
Section 10. Bonds.
A. Authority To Issue Bonds. When authorized by the Act or other applicable
provisions of law and by resolution of the Board, the Authority may issue Bonds for the purpose of
raising funds for the exercise of any of its powers or to otherwise carry out its purposes under this
Agreement. Said Bonds shall have such terms and conditions as are authorized by the Board.
Among other things, the Marks-Roos Local Bond Pooling Act of 1985 authorizes the Authority, to
execute and deliver or cause to be executed and delivered certificates of participation in a lease or
installment sale agreement with any public or private entity, the Authority, at its option, may issue or
cause to be issued bonds, rather than certificates of participation, and enter into a loan agreement
with the public or private entity.
B. Bonds Limited Obligations. The Bonds, including the principal and any
purchase price thereof, and the interest and premium, if any, thereon, shall be special obligations of
the Authority payable solely from, and secured solely by, the revenues, funds and other assets
pledged therefor under the applicable Indenture(s) and shall not constitute a charge against the
general credit of the Authority. The Bonds shall not be secured by a legal or equitable pledge of, or
lien or charge upon or security interest in, any property of the Authority or any of its income or
receipts except the property, income and receipts pledged therefor under the applicable Indenture(s).
The Bonds shall not constitute a debt, liability or obligation of the State or any public authority
thereof, including the Port District and the City, other than the special obligation of the Authority as
described above. Neither the faith and credit nor the taxing power of the State or any public
authority thereof, including the Port District and the City, shall be pledged to the payment of the
principal or purchase price of, or the premium, if any, or interest on the Bonds, nor shall the State or
any public authority or instrumentality thereof, including the Port District and the City, in any
manner be obligated to make any appropriation for such payment. The Authority shall have no
taxing power.
No covenant or agreement contained in any Bond or Indenture shall be deemed to be a
covenant or agreement of any director, officer, agent or employee of the Authority in his or her
individual capacity, and no director or officer of the Authority executing a Bond shall be liable
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personally on such Bond or be subject to any personal liability or accountability by reason of the
issuance of such Bond.
Section 11. Agreement Not Exclusive. This Agreement shall not be exclusive and shall
not be deemed to amend or alter the terms of other agreements between the City and the Port District,
except as the terms of this Agreement shall conflict therewith, in which case the terms of this
Agreement shall prevail.
Section 12. Accounts and Reports. All funds of the Authority shall be strictly accounted
for in books of account and financial records maintained by the Authority, including a report of all
receipts and disbursements. The Authority shall establish and maintain such funds and accounts as
may be required by generally accepted accounting principles and by each Indenture for outstanding
Bonds (to the extent that such duties are not assigned to a trustee for owners of Bonds). The books
and records of the Authority shall be open to inspection at all reasonable times by the City and the
Port District and their representatives.
The Authority shall require that each Indenture provide that the trustee appointed thereunder
shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to
carry out the provisions of such Indenture. Said trustee may be given such duties in said Indenture as
may be desirable to carry out the requirements of this Section.
A. Audits. The Treasurer of the Authority shall cause an independent audit to be
made of the books of accounts and financial records of the Authority in compliance with the
requirements of the Act. Any costs of the audit, including contracts with, or employment of, certified
public accountants or public accountants in making an audit pursuant to this Section, shall be borne
by the Authority and shall be a charge against any unencumbered funds of the Authority available for
that purpose.
B. Audit Reports. The Treasurer of the Authority, as soon as practicable after
the close of each Fiscal Year, but in any event within the time necessary to comply with the
requirements of the Act, shall file a report of the audit performed pursuant to Subsection A of this
Section as required by the Act and shall send a copy of such report to public entities and persons in
accordance with the requirements of the Act.
Section 13. Funds. Subject to the provisions of each Indenture for outstanding Bonds
providing for a trustee to receive, have custody of and disburse funds which constitute Authority
funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds
pursuant to accounting procedures approved by the Board and shall make the disbursements required
by this Agreement or otherwise necessary to carry out the provisions and purposes of this
Agreement.
Section 14. Conflict of Interest Code. The Authority shall, by resolution, adopt a Conflict
of Interest Code to the extent required by law. Such Conflict of Interest Code may be the conflict of
interest code of the City.
Section 15. Breach. If default shall be made by the City or the Port District in any
covenant contained in this Agreement, such default shall not excuse either the City or the Port
District from fulfilling its obligations under this Agreement, and the City and the Port District shall
continue to be liable for the payment of contributions and the performance of all conditions herein
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contained. The City and the Port District hereby declare that this Agreement is entered into for the
benefit of the Authority created hereby and the City and the Port District hereby grant to the
Authority the right to enforce by whatever lawful means the Authority deems appropriate all of the
obligations of each of the parties hereunder. Each and all of the remedies given to the Authority
hereunder or by any law now or hereafter enacted are cumulative and the exercise of one right or
remedy shall not impair the right of the Authority to any or all other remedies.
Section 16. Notices. Notices to the City and the Port District hereunder shall be sufficient
if delivered to the Administrative Services/Finance Director of the City as to the City, and to the
Chief Financial Officer/Treasurer of the Port District, as to the Port District.
Section 17. Withdrawal. Neither the Port District nor the City may withdraw from this
Agreement prior to the end of the term of this Agreement determined in accordance with Section 3.
Section 18. Effectiveness. This Agreement shall become effective and be in full force and
effect and a legal, valid and binding obligation of the Port District and the City when each parry has
executed a counterpart of this Agreement.
Section 19. Severability. Should any part,term, or provision of this Agreement be decided
by the courts to be illegal or in conflict with any law of the State, or otherwise be rendered
unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof shall not
be affected thereby.
Section 20. Successors; Assignment. This Agreement shall be binding upon and shall
inure to the benefit of the successors of the parties. Except to the extent expressly provided herein,
neither party may assign any right or obligation hereunder without the consent of the other.
Section 21. Amendment of Agreement. This Agreement may be amended by
supplemental agreement executed by the Members at any time; provided, however, that this
Agreement may be terminated only in accordance with Section 3 hereof and, provided further, that
such supplemental agreement shall be subject to any restrictions contained in any Bonds or
documents related to any Bonds to which the Authority is a parry.
Section 22. Form of Approvals. Whenever an approval is required in this Agreement,
unless the context specifies otherwise, it shall be given: (A) in the case of the Port District, by
resolution duly adopted by the Board of the Port Commissioner of the Port District; (B)in the case of
the City, by resolution duly adopted by the City Council of the City; and (C) in the case of the
Authority, by resolution duly adopted by the Board. [Whenever in this Agreement any consent or
approval is required,the same shall not be unreasonably withheld.]
Section 23. Waiver of Personal Liability. No Board member, officer or employee of the
Authority, the City or the Port District shall be individually or personally liable for any claims,
losses, damages, costs, injury and liability of any kind, nature or description arising from the actions
of the Authority or the actions undertaken pursuant to this Agreement, and the City and Port District
shall defend such Board members, officers or employees against any such claims, losses, damages,
costs, injury and liability. Without limiting the generality of the foregoing,no Board member, officer
or employee of the Authority or of any Member shall be personally liable on any Bonds or be subject
to any personal liability or accountability by reason of the issuance of Bonds pursuant to the Act and
this Agreement. To the fullest extent permitted by law, the Board shall provide for indemnification
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by the Authority of any person who is or was a member of the Board, or an officer, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of the fact that such person is or was such a member of the Board, or an officer,
employee or other agent of the Authority, against expenses,judgments, fines, settlements and other
amounts actually and reasonably incurred in connection with such proceeding, if such person acted in
good faith and in the course and scope of his or her office, employment or Authority. In the case of a
criminal proceeding, the Board may provide for indemnification and defense of a member of the
Board, or an officer, employee or other agent of the Authority to the extent permitted by law.
Section 24. Section Headings. All section headings contained herein are for convenience
of reference only and are not intended to define or limit the scope of any provision of this
Agreement.
Section 25. Counterparts. This Agreement may be executed in several counterparts, each
of which shall be an original and all of which shall constitute but one and the same instrument.
Section 26. Designees. Where reference is made to duties to be performed for the
Authority by a public official or employee, such duties may be performed by that person's duly
authorized deputy or assistant. Where reference is made to actions to be taken by the Port District or
the City, such action may be exercised through the officers, staff or employees of the Port District or
the City, as the case may be, in the manner provided by law.
Section 27. Governing Law. This Agreement is made in the State, under the Constitution
and laws of the State and is to be construed as a contract made and to be performed in the State.
Section 28. Integration. This Agreement is the complete and exclusive statement of the
agreement among the parties with respect to the subject matter hereof, which supersedes and merges
all prior proposals, understandings, and other agreements, whether oral, written, or implied in
conduct,between the parties relating to the subject matter of this Agreement.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed and
attested by their proper officers thereunto duly authorized, as of the day and year first above written.
CITY OF CHULA VISTA
By:
Mayor
Attest:
City Clerk
SAN DIEGO UNIFIED PORT DISTRICT
By:
President/CEO
J:\Attomey\MichwiSh\Bayfront\JPA-2013\Agreements\JEPA\DOCSOC-#1643198-v2-Joint_Exercise_of Powers_Agreement_(Chula_Vista)-3.20.14-FINAL.docx
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0196, Item#: 5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU), DATED
NOVEMBER 16, 2007, AMONG THE CO-PERMITTEES OF SAN DIEGO COUNTY NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL PERMIT, AND AUTHORIZING
THE MAYOR TO SIGN THE SECOND AMENDMENT ON BEHALF OF THE CITY
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The National Pollutant Discharge Elimination System (NPDES) Municipal Permit, Order No. R9-2013
-0001 (Municipal Permit) requires the Copermittees of San Diego County to cooperate in the
implementation of regional programs. The Copermittees of San Diego County include the eighteen
cities of San Diego County, the San Diego Unified Port District, the San Diego County Regional
Airport Authority, and the County of San Diego. This cooperation necessitates a memorandum of
Understanding (MOU) among the Copermittees to address specific regional permit requirements, and
to define associated Copermittees' shared regional responsibilities and financial obligations.
On December 11 , 2007, the City Council of the City of Chula Vista adopted Resolution No. 2007-293,
which approved the original MOU dated November 16, 2007 (Attachment A). The original MOU will
expire on May 8, 2014, and it has become necessary to amend the MOU to extend its term through
August 31, 2015, in order to complete ongoing regional activities required by the Municipal Permit.
The Second Amendment to the original MOU is attached as Attachment B.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as
defined under Section 15378 of the State CEQA Guidelines because the activity consists of the
creation of a fiscal mechanism which does not involve any 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.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The San Diego Regional Water Quality Control Board (Regional Board) adopted the Municipal Permit
on May 8, 2013. The Municipal Permit allows for a two-year transitional period, during which time the
Copermittees are required to develop or update their regional, watershed, and local plans and
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programs. During these two years, some regional activities such as the regional water quality
monitoring, the hydromodification control monitoring, and the regional public education are to be
continued, while documents such as the Model Best Management Practices Design Manual are to be
updated, and new studies such as the Watershed Management Area Analysis and the Equivalency
Study are to be initiated and completed. The deadline for completion of the programs mentioned
above and submittal of updated or new documents to the Regional Board is June 27, 2015. The
Copermittees have cooperated under the current MOU and are on track to complete regional
activities on schedule. An extension of the MOU is necessary to complete such tasks. The Second
Amendment to the MOU will include a few changes to the original MOU as shown on Attachment B,
which were incorporated at the request of some Copermittees; however, those changes will not have
any substantial effect on the MOU content.
While the previous NPDES permits were focused more on regional cooperation and program
standardization, the current Municipal Permit has shifted the focus to watershed coordination and
planning. Water Quality Improvement Plans will be developed for each of the ten watersheds of San
Diego County, which will provide frameworks for watershed and jurisdictional planning and activities
best suited to specific conditions of each watershed. The Copermittees of the San Diego Bay
Watershed are in the process of drafting a watershed MOU which will define the watershed
management responsibilities of each of the ten Copermittees within the watershed for watershed
activities outlined in the Municipal Permit.
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 regional activities
implemented under the regional MOU supports the Healthy Community goal as it seeks to eliminate
water quality pollution throughout the San Diego region.
CURRENT YEAR FISCAL IMPACT
The MOU is an agreement among the Copermittees, which describes how regional costs are
distributed. The MOU by itself does not result in current year fiscal impacts to the City; however,
compliance with the Municipal Permit requires expenditures by the City. The City's share of the
regional expenditures for compliance with the NPDES Municipal Permit during the current fiscal year
(FY 2013-2014) is estimated to be $188,870, which is budgeted from the storm drain fee revenue
funds.
ONGOING FISCAL IMPACT
The requested action by itself will not result in any ongoing fiscal impact on the City. However,
compliance with the Municipal Permit demands ongoing program expenditures. Based on
experience, with each re-issuance of the Municipal Permit, more stringent and costly requirements
can be expected. City's share of the regional expenditures is expected to increase to $233,301
during FY 2014-2015, which will be funded by the storm drain fee revenue funds. Prior to the
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completion of updated plans and programs, it is difficult to provide an estimate of future regional and
watershed costs. However, staff will present an assessment of ongoing expenditures to the City
Council when the documents have been updated and more information is available.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE MEMORANDUM OF UNDERSTANDING (MOU), DATED
NOVEMBER 16, 2007, AMONG THE COPERMITTEES OF
SAN DIEGO COUNTY NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM MUNICIPAL PERMIT, AND
AUTHORIZING THE MAYOR TO SIGN THE SECOND
AMENDMENT ON BEHALF OF THE CITY
WHEREAS, the United States Environmental Protection Agency (USEPA)
proposed regulations (published December 8, 1988 in the Federal Register) for the
issuance of National Pollutant Discharge Elimination System (NPDES) Municipal
Permits (Municipal Permit) to regulate storm water discharges into the waters of the
United States; and
WHEREAS, the USEPA regulations require NPDES permits for discharges from
municipal storm drains on a system-wide or jurisdiction-wide basis; and
WHEREAS, pursuant to the Federal Clean Water Act and the California Porter-
Cologne Water Quality Act, the Regional Board issued permits to the San Diego County
Copermittees in 1990, 1999 (Tentative Order), 2001, 2007, and 2013; and
WHEREAS, the San Diego Municipal Permit is system-wide, covering all
jurisdictions of San Diego County; and
WHEREAS, the Municipal Permit requires all parties (named as Copermittees) —
the County of San Diego, the San Diego Unified Port District, the San Diego County
Regional Airport Authority, and the incorporated Cities of San Diego County — to
collaborate in the development and implementation of regional and watershed urban
runoff management plans, including the execution of an agreement; and
WHEREAS, since 1990, when the Regional Water Quality Control Board
(Regional Board) first adopted the NPDES Municipal Permit for San Diego County, the
City of Chula Vista has been cooperating with other Copermittees in the implementation
of regional programs; and
WHEREAS, this cooperation has necessitated entering into several agreements
(or MOUs) throughout the years for shared program responsibilities and costs; and
WHEREAS, the MOUs are modified approximately every five years, concurrent
with the re-issuance of the NPDES Municipal Permit, to address specific permit
requirements, and to define associated Copermittees' shared regional responsibilities
and financial obligations; and
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Resolution No.
Page 2
WHEREAS, the MOU establishes the shared program responsibilities of each
party with respect to compliance with the Municipal Permit regulations, which are
administered by the Regional Board; and
WHEREAS, it is necessary for the Copermittees to continue current regional
program activities at least to June 27, 2015, at which time many regional activities will
be replaced by similar watershed activities under separate watershed agreements; and
WHEREAS, the current regional MOU will expire on May 8, 2014; and
WHEREAS, the proposed Second Amendment to the MOU will extend the term
of the MOU to August 31, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby approves the Second Amendment to the Memorandum of
Understanding (MOU) Among the Copermittees of San Diego County, Dated November
16, 2007, for the National Pollutant Discharge Elimination System Municipal Permit.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
the Mayor of the City of Chula Vista is hereby authorized to execute said MOU for and
on behalf of the City of Chula Vista. Further, the City Council delegates to the City
Manager the option to enter into additional amendments so long as an amendment
does not require an expenditure of greater than $50,000.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
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ATTACHMENT
National Pollutant Discharge Elimination System
San Diego Regional Stormwater Copermittees
MEMORANDUM OF UNDERSTANDING
November 16, 2007
This Memorandum of Understanding (MOU),entered into by the County of San Diego(County),the
San Diego Unified Port District(Port),the San Diego County Regional Airport Authority(Airport),
and the incorporated cities of San Diego,Carlsbad,Chula Vista,Coronado,Escondido,
Imperial Beach,La Mesa, San Marcos,Del Mar,El Cajon,Encinitas,Lemon Grove,National City,
Oceanside,Poway, Santee, Solana Beach,and Vista(Cities),collectively called Copermittees,
establishes the shared program responsibilities of each parry with respect to compliance with the
National Pollutant Discharge Elimination System(NPDES) stormwater permit regulations
administered by the United States Environmental Protection Agency(U.S. EPA)under the authority
granted by the Federal Water Pollution Control Act(Clean Water Act) 33 USCA 1251 et seq. as
amended.
RECITALS
WHEREAS,in 1987 Congress amended Section 402 of the Federal Water Pollution Control Act
(33 USCA §1342p)to require the U.S. EPA to promulgate regulations for applications for permits
for stormwater discharges;and
WHEREAS,the U.S. EPA adopted final permit regulations on November 16, 1990; and
WHEREAS,these permit regulations require the control of pollutants from stormwater discharges by
requiring an NPDES permit,which would allow the lawful discharge of stormwaters into waters of
the United States; and
WHEREAS,the County,the Port,the Airport, and the Cities desire to implement an integrated
stormwater management program with the objective of improving surface water quality in the
County of San Diego;and
WHEREAS,the California State Water Resources Control Board(CSWRCB)as designee of the
U.S. EPA has delegated authority to the San Diego Regional Water Quality Control Board(Regional
Board)for administration of the NPDES stormwater permit within the boundaries of its region; and
WHEREAS,on,January 24,2007,the Regional Board issued an NPDES permit as Order No. R9-
2007-0001 (Permit)governing waste discharge requirements for stormwater and urban runoff from
the County,the Port,the Airport, and the Cities,naming these entities as Copermittees; and
WHEREAS, said Permit requires that the Copermittees cooperate in the implementation of various
Urban Runoff Management Plans and execute a Memorandum of Understanding;
NOW,THEREFORE,the parties hereto do mutually agree as follows:
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I. DEFINITIONS
Chair means presiding over and providing leadership and direction to a Working Body. This
includes serving as a point of contact to external entities such as Regional Board staff, stakeholders,
and industry groups, soliciting group input on and developing meeting content,facilitating meetings,
and coordinating with the Secretary or Working Body Support staff to finalize work products for
distribution to the Working Body. Chair responsibilities may also be divided between Co-Chairs.
Contract Administration means developing, soliciting,awarding,and managing contracts.
Direct Costs mean those costs directly related to the development of a work product,or to the
performance of a particular function or service. Direct Costs may include the wages of Copermittee
employees engaged in an activity and the cost of materials or supplies needed to support that
activity. Depreciation,equipment, and office space are not considered Direct Costs.
Fiscal Year starts on July 1 and ends on June 30 of the following year.
General Programs are collaborative urban runoff management activities which are(1)mandated by
or necessary to implement requirements of the Permit,(2)necessary to anticipate the requirements,
or prepare for renewal,of the Permit,(3)required to comply with Regional Board Orders or other
directives required of Copermittees as dischargers of urban runoff(e.g., 13267 Orders,Total
Maximum Daily Loads,etc.),or(4)other urban runoff management activities conducted with the
unanimous approval of Copermittees sharing the cost or responsibility.
In-kind Contribution means a non-monetary contribution that can be used to satisfy an equivalent
monetary obligation. Examples of In-kind Contributions are equipment or services provided for use.
Other General Programs are activities that apply to a subset of more than one and less than all
Copermittees. Other General Programs do not include the activities of the Planning Subcommittee
or any Workgroup or Sub-workgroup of the Management Committee. Other General Programs also
do not include Watershed URMP Sub-workgroups,but may apply to a subset of any Watershed
URMP Sub-workgroup.
Participant means a Copermittee regularly attending meetings,participating in the development,
review,and finalization of work products,and carrying out the responsibilities of the Working Body.
Participants are a subset of Representatives. Participant implies a higher and more active level of
involvement than general representation.
Regional General Programs are activities that apply to all Copermittees.
Representative means a Copermittee providing general representation to a Working Body. This
includes serving as a Copermittee point of contact, and,as applicable,receiving,reviewing,and
providing input on correspondence,meeting materials, and work products. Representatives are not
required to attend meetings,but are expected to maintain a reasonable knowledge of,and
involvement in,the activities of the Working Body. To the best of their ability each Copermittee
Representative should have expertise and knowledge in the subject matter of each assigned Working
Body.
Secretary means a person who takes responsibility for the records,correspondence,minutes or notes
of meetings, and related affairs of a Working Body. This includes: maintaining group contact lists;
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preparing and sending out meeting notifications and agendas; arranging for meeting rooms and
equipment; taking,preparing,and finalizing meeting minutes or notes; and,coordinating with the
Chair or Working Body Support staff to organize and distribute work products to the Working Body.
Simple Majority means at least one-half(50%)of applicable Copermittees,rounded up to the
nearest integer,or plus one where the number of Copermittees is even. For the purposes of this
MOU,a simple majority may never be less than three Copermittees.
Special Formula means any cost share formula that differs from the Default Formula in the
selection or weighting of individual factors or in the methodology used to calculate one or more of
them.
Three-fourths Majority means at least three-fourths(75%)of applicable Copermittees,rounded up
to the nearest integer. For the purposes of this MOU,a Three-fourths Majority may never be less
than three Copermittees.
Two-thirds Majority means at least two-thirds(67%)of applicable Copermittees,rounded up to the
nearest integer. For the purposes of this MOU,a Two-thirds Majority may never be less than three
Copermittees.
Urbanized Land Area means the total of all SANDAG land uses within the geographic area,
subject to the cost share,excepting therefrom,the following coded land uses: 1403 Military
Barracks;4102 Military Airports; 6700 Military Use; 6701 Military Use; 6702 Military Training;
6703 Military Weapons; 7209 Casinos; 7603 Open Space Reserves,Preserves; 7609 Undevelopable
Natural Areas; 9200 Water; 9201 Bays,Lagoons; 9202 Inland Water;and 9300 Indian Reservations.
Watershed Copermittee means any Copermittee that is a member of a Watershed Management
Area as defined in Table 4 of the Permit.
Watershed General Programs are activities that apply to the Copermittees comprising any
individual Watershed URMP Sub-workgroup corresponding to a Watershed Management Area
(WMA)defined in Table 4 of the Permit.
Working Body means Committees, Subcommittees,Workgroups, Sub-workgroups,or any other
group of Copermittees assembled to conduct work required by,for,or in furtherance of,compliance
with the Permit(Figure A identifies the Working Bodies established in this MOU).
Working Body Support means those tasks not within the assigned responsibilities of the Chair,Co-
chair,or Secretary,or equitably divided amongst the Participants of the Working Body. This
includes researching,drafting,modifying,and finalizing work products such as work plans,budgets,
and meeting materials,and any other tasks associated with the responsibilities of the Working Body.
II. RESPONSIBILITIES OF ALL COPERMITTEES
The following apply to General Programs.
A. Performance and Reimbursement of Tasks
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1. Any individual Copermittee performing tasks necessary to fulfill budgeted General Program
responsibilities for a Working Body in which they are a Participant is entitled to
reimbursement of the costs incurred in accordance with section ILB.1.
2. Any Copermittee performing contract administration tasks to fulfill budgeted General
Program responsibilities for a Working Body in which it is a Participant is entitled to
reimbursement of contract management costs at a rate of 5%of the total contract cost or as
shown by accounting records and as agreed on by the participating Copermittees.
3. Any Copermittee performing tasks other than contract administration,or serving as a
Working Body Chair,Co-chair,or Secretary,is entitled to reimbursement of the Direct
Costs of performing those services in accordance with section ILB.1.
4. A Copermittee shall not be obliged to conduct work,enter into any contract,continue with
any work or contract,or incur any other cost on behalf of other Copermittees if each
Copermittee has not contributed the funds that it is obliged to contribute toward the activity
or program,or if the Copermittee has not received adequate assurances that such funds will
be received before payments become due. The Copermittee shall have sole discretion to
determine whether assurances that require funds will be timely received or adequate.
5. A member of a Working Body providing Working Body Support may terminate those
obligations for convenience if another parry has been selected to the satisfaction of the other
members of the Working Body,agrees to perform the obligations,and the applicable work
plan and budget have been modified in accordance with the provisions of this MOU.
B. Fiscal Responsibilities
1. Division of Shared General Program Costs
a. Prior to the allocation of shared costs,each proposed or approved budget element or
sub-element shall be identified as either a Regional General Program cost,a
Watershed General Program cost,or an Other General Program cost,and the
Copermittees sharing that cost shall be identified. The cost of any particular budget
element shall be subject to the approval of only the Copermittees to which it applies.
The associated costs shall be divided among participating Copermittees as described
below.
(1) Default Formula. Shared costs shall be divided according to a Default Formula of
45%Urbanized Land Area,45%Population,and 10%Equal Division unless a
Special Formula is approved by the Copermittees to which the cost applies.
(a) Population costs shall be divided among the Copermittees as follows:
Whenever any geographic portion of the Port or Airport jurisdiction(s),
respectively,lies(s)within the geographic area to which the shared
program or activity is applicable,the Port or Airport,respectively,will
each pay a fixed 0.5%of total Population costs. The remaining
percentage of the population costs shall be divided among Copermittees
by dividing the total population of each Copermittee by the combined
total Copermittee population within the geographic area applicable to the
shared program or activity. These percentages shall be calculated using
the most recently available population data available from the San Diego
Association of Governments(SANDAG),unless more recent data are
available from an equivalent source such as the U.S. Census Bureau,and
are determined to be acceptable by the Copermittees sharing the cost.
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(b) Urbanized Land Area costs shall be divided among Copermittees by
dividing the total Urbanized Land Area of each Copermittee by the
combined total Urbanized Land Area of all participating Copermittees
within the geographic area applicable to the shared program or activity.
Urbanized Land Area shares shall be calculated using the most recently
available San Diego Association of Governments(SANDAG)land use
statistics. The Urbanized Land Area share for the County shall include
those urbanized lands in the unincorporated portion of the County that are
west of the County Water Authority(CWA) service area boundary as it
exists on the date of this MOU or as formally amended by the CWA.
(c) Ten Percent(10%)of the total cost to be shared shall be divided equally
amongst all of the Copermittees.
(d) Modification of the Default Formula requires the unanimous approval of
all Copermittees.
(2) Special Formulas
(a) Special Formulas may be applied to any shared General Program cost, and
require the approval of a Three-fourths Majority of the Copermittees
participating in the cost.
(b) Special Formula for Hydromodification Management Plan(HMP)
development. The Copermittees have initially estimated the total cost of
developing an HMP by a professional consultant to be $1,000,000 over a
two year period,and on March 15,2007 approved a Fiscal Year 2007-08
regional shared costs budget that included$600,000 toward such costs,
plus an additional 5%for contract management. The remaining estimated
costs for completing the HMP,based on the actual consultant contract
award amount and associated administrative costs,will be included in the
Regional Work Plan and Regional Shared Costs budget for the 2008-09
fiscal year. HMP costs shall be allocated according to the following
formula:
i. Ten percent(10%)of the cost shall be divided equally among all
Copermittees.
ii. Ninety percent(90%)of the cost shall be divided based on the
estimated number of Developable Parcels within each
Copermittees'jurisdiction. Developable Parcel-based costs shall be
divided among all Copermittees as follows:
[1] The percentage of developable parcel share costs for which
each Copermittee is responsible shall be calculated by
dividing the Copermittee's total number of developable
parcels by the combined total developable parcels of all
participating Copermittees. Developable parcels shall be
calculated as the number of parcels within each
Copermittee's developable land area using the SANDAG
2007 Parcel Layer. Developable lands shall be determined
using the SANDAG 2004 developable land layer.
[2] The total developable land area for the County shall include
those urbanized lands in the unincorporated portion of the
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County that are west of the CWA service area boundary as
it exists on the date of this MOU or as formally amended by
the CWA.
(3) In-kind Contributions. Subject to approval by the Copermittees participating in a
particular shared General Program budget, a Copermittee may provide an in-kind
contribution of equal value rather than a monetary contribution toward all or part of
the cost of an activity.
2. Annual Shared Cost Budgets and Work Plans
a. No later than October 31St of each year,each Regional Working Body shall prepare
and submit to the Planning Subcommittee a Work Plan and estimated Budget of
costs and expenses for the upcoming Fiscal Year. These budgets shall describe
major tasks, schedules, and projected costs,which Copermittees will provide
Working Body Support,Contract Administration,in-kind contributions, and any
other information applicable to regional general program costs.
b. To ensure that each Copermittee governing body has sufficient time to consider
fiscal impacts,the Planning Subcommittee shall prepare a consolidated draft
Regional Work Plan and Regional Shared Costs Budget no later than December 31 st
of each year for the regional general programs. After consideration of comments
and discussion,a final Regional Work Plan and Regional Shared Costs Budget shall
be prepared,approved by the Management Committee, and distributed to the
Copermittees no later than January 31St of each year. Modifications to any adopted
Regional Shared Costs Budget or Regional Work Plan that will result in an overall
increase in cost require the approval of the Regional Management Committee.
C. No later than January 31St of each year,each Watershed Urban Runoff Management
Plan Sub-workgroup,for which costs will be shared in the ensuing fiscal year, shall
prepare,adopt,and distribute to the Watershed Copermittees a Watershed Work
Plan and Watershed Shared Costs Budget. These budgets shall include a description
of major tasks, schedules,and projected costs, and shall identify the Copermittees
that will provide or contract services or incur other costs. Modifications to any
adopted Watershed Shared Costs Budget or Watershed Work Plan that will result in
an overall increase in cost require the approval of the applicable Watershed URMP
Sub-workgroup.
d. Each Copermittee shall submit for approval by its governing body a budget request
as necessary to fund its assigned share of any approved Work Plan and Budget for
the ensuing fiscal year. The submission shall reference and provide information on
the approved Budget,and shall inform the Copermittee's governing body that if the
requested funds are not provided the Copermittee will be excluded from further
participation and may be in violation of the Permit.
3. Management and Payment of Funds
a. For Regional General Programs,the Copermittees shall each pay a yearly
assessment into a Regional General Program operations fund for their assigned
portion of any Regional Shared Costs Budget approved pursuant to this MOU. The
Regional General Program operations fund shall be managed by the Regional
Principal Permittee,or any other Permittee on approval of the Copermittees.
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b. For Watershed General Programs,the Watershed Copermittees for each WMA shall
each pay a yearly assessment into a Watershed General Program operations fund for
their assigned portion of any Watershed Shared Costs Budget approved pursuant to
this MOU. Each Watershed General Program operations fund shall be managed by
the Watershed Lead Permittee,or any other Watershed Permittee on approval of the
Watershed Copermittees.
C. The Copermittee managing each General Program operations fund shall provide
Budget Balance and Expenditure Status Reports quarterly and following the end of
each fiscal year. This shall include a detailed accounting of all costs and expenses
in accordance with the adopted Work Plan and Shared Costs Budget,including
those incurred by Copermittees providing Working Body Support,contracting
services,in-kind services,or other applicable costs.
d. Each Copermittee shall pay invoices within 60 days of receipt from the Copermittee
managing the applicable General Program operations fund.
C. Funds collected and not expended in any fiscal year shall be credited to the
Copermittees' share of the next fiscal year's costs in accordance with the
Copermittees' defined shared costs.
f. Copermittees providing Working Body Support,Contract Administration,in-kind
services,or incurring other budgeted costs on behalf of other Copermittees shall
provide documentation of those expenses as requested by the Copermittee managing
the applicable General Program operations fund. They shall only receive credit for
those expenses if a detailed accounting of all costs and expenses meeting the
minimum standards agreed upon by the Copermittees has been provided.
g. Differences in the approved actual cost of expenses from those budgeted shall be
either credited or added as appropriate to the amount of the Copermittee's share.
III. REGIONAL GENERAL PROGRAMS
In addition to the requirements of section II,the following apply to Regional General Programs.
A. Regional Principal Permittee
1. The County is hereby designated Regional Principal Permittee (Principal Permittee).
a. A change in the assignment or responsibilities of the Principal Permittee requires the
unanimous approval of all Copermittees.
b. In addition to the responsibilities of all Copermittees described in Section II,the
Principal Permittee shall provide general coordination for the development and
implementation of Regional General Programs,including the following tasks and
responsibilities:
(1) Establish,chair, and provide overall coordination and leadership of the Regional
Stormwater Management Committee(Management Committee) and the Regional
Program Planning Subcommittee (Planning Subcommittee).
(2) Submit to the Regional Board the formal agreement between the Copermittees that
provides a management structure for meeting the requirements of the Permit.
(3) Collect and assemble individual and joint program reports and plans, and submit
them to the Regional Board as required by the Permit.
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(4) Maintain a current contact list of Copermittees and interested parties.
(5) Maintain knowledge of and advise the Copermittees regarding current and
proposed state and federal policies,regulations,and other NPDES programs;assist
the Copermittees in the development and presentation of positions on these issues
before local,state,and federal agencies.
(6) Formally advise appropriate state and federal agencies of termination or
amendment of this MOU.
B. Regional Stormwater Management Committee
1. The purpose of the Management Committee is to provide a public forum for the
development,approval,and coordination of urban runoff management programs,and for the
exploration of issues of regional significance.
2. The Management Committee shall consist of one Participant representing each Copermittee.
Each Copermittee shall have one vote.
3. The Management Committee shall meet at least four times per year.
4. At a minimum,the Management Committee shall have the following responsibilities:
a. Address common issues,promote consistency among jurisdictional and watershed
programs,and plan and coordinate activities required under the Permit;
b. Develop,implement, and arrange for implementation of Regional General
Programs;
C. Provide a general forum for informing and receiving input from stakeholders and
interested parties;
d. Provide a forum for public participation in the development and implementation of
regional urban runoff management programs and activities;
C. Establish or modify Working Bodies to review specific issues,make
recommendations,or conduct work in support of shared regional priorities or
objectives;
f. Adopt by-laws for the conduct of all Working Body meetings;
g. Formally approve the recommendations,work products,and deliverables of
Working Bodies presented for consideration;
h. Adopt an Annual Regional Shared Costs Budget;
i. Approve an Annual Regional Work Plan; and
j. Approve quarterly and year-end Budget Balance and Expenditure Status Reports.
5. The Management Committee shall be chaired by the Principal Permittee,or may
alternatively be chaired or co-chaired by any other Copermittee upon approval of the
Management Committee.
6. For a meeting or a vote to be held,a quorum of a Two-thirds Majority of voting
representatives of the Management Committee must be present.
7. Management Committee voting shall not be conducted outside of meetings(e.g.,by email).
8. For a motion to be approved,an affirmative vote of a Simple Majority of the Management
Committee is needed.
9. To approve any shared cost,or any cost-sharing formula or methodology applicable to a
shared cost,(1)the affirmative votes must represent greater than fifty percent(50%)of the
cost being shared,and(2)any Copermittee that is responsible for 25%or more of the total
proposed cost must be present.
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10. Meetings of the Management Committee,including any closed sessions with legal counsel,
shall be conducted in accordance with the "Brown Act"(Government Code Section 54950 et
seq.). Except for official meetings of the Management Committee,nothing herein shall be
interpreted to require meetings between staff members of the individual Copermittees
(including designated representatives of the Copermittees)to be subject to the Brown Act,
where the Brown Act would not otherwise apply.
C. Regional Program Planning Subcommittee
1. The purpose of the Planning Subcommittee shall be to provide regional coordination of
urban runoff management activities,to develop and implement Regional General Programs,
and to direct and coordinate the activities of Regional,Watershed,or Other General
Programs.
2. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees,the Planning Subcommittee shall meet at least six times per
year.
3. At a minimum,the Planning Subcommittee shall have the following responsibilities:
a. Serve as an intermediary between the Management Committee and other
Copermittee Working Bodies;
b. Plan and coordinate Management Committee meetings;
c. Report the activities of the Management Committee to the County and City
Managers Association or equivalent;
d. Prepare and recommend by-laws for Management Committee approval for the
conduct of all Working Body meetings;
e. Schedule,coordinate,and track the progress of Working Bodies in the completion of
their assigned responsibilities;
f. Establish and maintain a calendar of Copermittee meetings and events;
g. Direct and assign work products and information requests between Working Bodies;
h. Conduct regional program planning including developing an Annual Regional Work
Plan and Regional Shared Costs Budget for Management Committee consideration
and approval;
i. Review and recommend Management Committee approval of work products,
recommendations,and requests of Working Bodies for consideration and approval;
j. Annually receive,review,comment on,and consolidate the recommended Work
Plan and Shared Costs Budget of each regional Working Body;
k. Annually prepare and present for Management Committee approval a final
recommended Regional Work Plan and Regional Shared Costs budget;
1. Monitor and recommend Management Committee approval of budget expenditures
of Working Bodies in accordance with the adopted Regional Work Plan and
Regional Shared Costs budget;
m. Provide a Representative to each Regional Workgroup;
n. Regularly coordinate and liaise with Regional Board staff, stakeholders,regulated
parties,and other interested parties to identify and explore key regional issues and
concerns.
o. Provide Representation to the following California Stormwater Quality Association
(CASQA)Working Bodies or their equivalent;Executive Program Committee,
Board of Directors(if elected), Stormwater Policy and Permitting and Legislation;
Phase II Programs;
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p. Provide representation or participation for other professional organizations and
societies as appropriate and feasible;
q. Provide regular updates to Copermittees and interested parties via Management
Committee meetings or other appropriate means(e-mail,etc.);and
r. Provide subject area input as needed for the development,implementation,review,
and revision of General Programs, and the development of associated reports and
work products.
4. The Planning Subcommittee may not alter the responsibilities of,or impose new fiscal
obligations on,any Copermittee or Working Body,except as approved by the Management
Committee.
5. Each Watershed Lead Permittee shall provide one Participant to the Planning Subcommittee.
Subject to approval of the applicable WURMP Sub-workgroup,a Copermittee other than the
Watershed Lead Permittee may also serve as the Planning Subcommittee representative for a
WMA. Upon approval of the Management Committee,up to two additional representatives
may be appointed to the Planning Subcommittee in any year, so long as the total number of
representatives does not exceed ten. The Management Committee shall determine the length
of these additional appointments,but they shall be at least one year.
6. The Planning Subcommittee shall be chaired by the Principal Permittee,or may alternatively
be chaired or co-chaired by any other Copermittee upon approval of the Management
Committee.
7. Voting Requirements for the Planning Subcommittee:
a. The Planning Subcommittee shall only make advisory recommendations for
Management Committee approval.
b. The Planning Subcommittee may use any voting methodology it deems appropriate
to develop advisory recommendations or conduct other business, and, shall present
minority or dissenting recommendations for consideration by the Management
Committee as applicable.
C. Except as prohibited by law,the Planning Subcommittee may conduct votes outside
of meetings(e.g.,by e-mail)as appropriate.
D. General Responsibilities of Regional Workgroups and Sub-Workgroups
1. The purpose of Regional Workgroups and Sub-workgroups is to provide regional
coordination of urban runoff management activities within assigned subject areas,to develop
and implement recommended Regional General Programs, and to provide coordination of
activities with stakeholders and interested parties. Regional Workgroups are advisory to the
Management Committee through the Planning Subcommittee. Regional Sub-workgroups
are advisory to the Regional Workgroups to which they are subordinate.
2. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees,each Regional Workgroup and Sub-workgroup shall meet at
least four times per year.
3. At a minimum,each Regional Workgroup and Sub-workgroup shall have the following
responsibilities within its assigned subject area:
a. Nominate for Management Committee approval a Chair or Co-chairs,and a
Secretary from among its participants;
b. Facilitate consistency in the development, implementation,review,and revision of
General Programs, and the development of associated reports and work products;
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C. Develop,annually review, and update as necessary subject-specific standards for
reporting,assessment,and data and information management;
d. Develop and implement Regional General Programs as appropriate and feasible;
C. Provide subject area input to other Working Bodies as requested by the Planning
Subcommittee; and
f. Regularly coordinate and liaise with Regional Board staff, stakeholders,regulated
parties,and other interested parties to identify and explore key regional issues and
concerns.
4. Regional Workgroups shall also have the following responsibilities:
a. By October 31St of each year,prepare and submit to the Planning Subcommittee a
recommended Work Plan for the activities of the Workgroup and its Sub-
workgroups in the ensuing fiscal year. This shall include a description of major
tasks,deliverables,and projected schedules,and the assignment and/or division of
responsibilities for task completion.
b. By October 31St of each year,prepare and submit to the Planning Subcommittee a
recommended Work Plan and Shared Costs Budget for the ensuing fiscal year.
C. Twice per year,provide Written Status Reports to the Planning Subcommittee
describing(1)activities and accomplishments for the previous period,(2)success in
completing scheduled tasks,and(3)key issues,activities,and tasks to be addressed
in the next period. Written Status Reports shall be submitted as directed by the
Planning Subcommittee.
d. Provide Workgroup updates at Management Committee meetings.
5. Voting Requirements for Regional Workgroups and Sub-workgroups
a. Regional Workgroups shall make consensus recommendations to the Planning
Subcommittee,who shall in turn make recommendations for formal votes to the
Management Committee.
b. Regional Sub-workgroups shall make consensus recommendations to the Regional
Workgroup to which they are subordinate.
C. Regional Workgroups and Regional Sub-workgroups may use any voting
methodology they deem appropriate to develop consensus,and,as applicable, shall
present minority or dissenting recommendations for consideration.
d. Regional Workgroups and Sub-workgroups may conduct votes outside of meetings
(e.g.,by email)as appropriate.
6. Copermittee Representation and Participation on Regional Workgroups and Regional Sub-
workgroups:
a. Each Copermittee shall provide at least one Representative to each Regional
Workgroup or Regional Sub-workgroup.
b. Each of the Copermittees represented on the Planning Subcommittee shall serve as a
Participant on at least one Regional Workgroup or Regional Sub-workgroup each
year. Assignments shall be coordinated through the Planning Subcommittee to
ensure adequate participation in each Regional Workgroup and Regional Sub-
workgroup.
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C. Each of the Copermittees that is not a Participant on the Planning Subcommittee in a
given year shall serve as a Participant on at least two Regional Workgroups or
Regional Sub-workgroups during that year.
d. Each Copermittee shall serve as a Regional Workgroup or Sub-workgroup Chair,
Co-chair,or Secretary each year. The responsibilities of Chairs,Co-chairs,and
Secretaries are not reimbursable. Subject to Management Committee approval,
Copermittees may voluntarily serve the required assignments of other Copermittees
so long as the minimum number of required assignments is filled in each year.
E. Responsibilities Specific to Individual Regional Workgroups and Sub-Workgroups
In addition to the general responsibilities described in section IILD,the following apply to
individual Workgroups and Sub-workgroups. Regional Workgroups and Sub-workgroups may
be added,deleted,or modified through the unanimous approval of the Management Committee.
I. Fiscal,Reporting,and Assessment Workgroup
The purpose of the Fiscal,Reporting,and Assessment Workgroup is to provide regional
standards and consistency in the implementation,assessment,and reporting of Copermittee
urban runoff management activities and programs.At a minimum the Fiscal,Reporting,and
Assessment Workgroup shall have the following responsibilities:
a. Develop,annually review,and update as necessary regional reporting,assessment,
and program data and information management standards;
b. Develop regional fiscal analysis standards and metrics by December 31,2008;
C. Develop,annually review,and update as necessary standards for tracking and
reporting expenditures;
d. Receive and consolidate data for budget preparation and monitoring;
e. Develop the Copermittees' Regional URMP(RURMP);
f. Develop the Copermittees' RURMP Annual Reports;
g. Develop the Copermittees' Long-Term Effectiveness Assessment(LTEA);
h. Develop the Copermittees' Report of Waste Discharge (ROWD);and
i. Provide representation on the CASQA Effectiveness Assessment Subcommittee or
equivalent.
2. Education and Residential Sources Workgroup
The purpose of the Education and Residential Sources Workgroup is to provide regional
standards and consistency in the development,implementation,assessment,and reporting of
Copermittee educational and residential source management activities and programs. At a
minimum,this shall include the following responsibilities:
a. Develop,annually review,and update as necessary recommended regional standards
and approaches for conducting educational activities;
b. Develop and coordinate the implementation of the Copermittees' Regional
Residential Education Plan;
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C. Develop,annually review,and update as necessary regional reporting,assessment,
program data and information management standards for Copermittee educational
activities and programs;
d. Review and comment on the educational content of work products developed by
other Working Bodies;
C. Liaise with and assist the Regional WURMP,Land Development,Industrial and
Commercial,and Municipal Workgroups in developing training and outreach
strategies,materials,and activities;
f. Provide a Representative to the CASQA PIPP,Website,and Workshops
subcommittees or their equivalent;
g. As applicable,facilitate the centralized management of educational program data
and information;
h. Develop,annually review,and update as necessary regional standards and
approaches for the management of residential sources to address at a minimum:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations,and
(3) Program Implementation Approaches(including education);
i. Develop,annually review,and update as necessary recommended regional
reporting,assessment,program data and information management standards for
residential urban runoff management activities and programs;
j. As applicable,facilitate the centralized management of regional residential program
data and information(sources,BMP inventories,etc.);and
k. Coordinate with the Regional WURMP workgroup to assist in the development of
residential content for watershed program strategies.
3. Regional Monitoring Workgroup and Sub-workgroups
The purpose of the Regional Monitoring Workgroup and its Sub-workgroups is to provide
regional standards and consistency in the development,implementation,assessment, and
reporting of receiving waters and urban runoff monitoring activities and programs. At a
minimum,the following responsibilities shall apply to the Regional Monitoring Workgroup,
or may be delegated to its Dry Weather and Coastal Monitoring Sub-workgroups as
appropriate:
a. Develop,annually review,and update as necessary recommended regional standards
and approaches for conducting monitoring activities;
b. Develop and coordinate the implementation of the Copermittees' Regional
Receiving Waters Monitoring Program or other specific monitoring program
elements;
C. Develop and update as necessary reporting,assessment,program data and
information management standards for Copermittee monitoring activities and
programs;
d. Develop,review, and recommend approval of work plans,monitoring reports, and
other required work products;
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C. Provide a Representative to the CASQA Stormwater Monitoring and Science
subcommittee or its equivalent;
f. Regularly coordinate and liaise with Regional Board staff, stakeholders,regulated
parties,and other interested parties to identify and explore key monitoring issues;
and
g. As applicable,facilitate the centralized management of water quality monitoring
data.
4. Regional Watershed URMP Workgroup
The purpose of the Regional Watershed URMP Workgroup is to provide regional standards
and consistency in the development,implementation,assessment,and reporting of
Copermittee watershed management activities and programs. At a minimum,this shall
include the following responsibilities:
a. Coordinate Watershed URMP administration and reporting;
b. Develop,annually review,and update as necessary recommended regional standards
and approaches for conducting watershed urban runoff management activities and
programs;
C. Develop,annually review,and update as necessary regional reporting,assessment,
program data and information management standards for watershed urban runoff
management activities and programs;
d. As applicable,coordinate the implementation of regionally applied watershed urban
runoff management activities and programs;
e. As applicable,facilitate the centralized management of watershed program data and
information;
f. Coordinate as necessary with other Copermittee Working Bodies to assist in the
development of watershed-related program content;
g. Provide a Representative to the CASQA Watershed Management and Impaired
Waters subcommittee or equivalent;and
h. As appropriate,facilitate Total Maximum Daily Load development,implementation,
and reporting.
5. Land Development Workgroup
The purpose of the Land Development Workgroup is to provide regional standards and
consistency in the development,implementation,assessment,and reporting of urban runoff
activities and programs related to the construction and post-construction phases of the land
development process. At a minimum,this shall include the following responsibilities:
a. Develop,annually review,and update as necessary recommended regional standards
and approaches for the management of construction and post-construction sources to
address at a minimum:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations,and
(3) Program Implementation Approaches;
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b. Develop the Copermittees' Hydromodification Management Plan(HMP);
C. Update the Model Standard Urban Stormwater Mitigation Plan(SUSMP)in
accordance with Permit requirements;
d. Develop,annually review,and update as necessary regional reporting,assessment,
program data and information management standards for construction and post-
construction sources;
C. As applicable,coordinate the implementation of regional urban runoff management
programs and activities for construction and post-construction sources;
f. As applicable,facilitate the centralized management of construction and post-
construction program data and information; and
g. Provide a Representative to the CASQA Construction Workgroup or its equivalent.
6. Municipal Activities Workgroup
The purpose of the Municipal Activities Workgroup is to provide regional standards and
consistency in the development,implementation,assessment, and reporting of urban runoff
activities and programs related to municipal activities and sources. At a minimum,this shall
include the following responsibilities:
a. Develop,annually review,and update as necessary recommended regional standards
and approaches for the management of municipal sources to address at a minimum:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations,and
(3) Program Implementation Approaches;
b. Develop,annually review,and update as necessary regional reporting,assessment,
program data and information management standards for municipal sources;
C. As applicable,coordinate the implementation of regional urban runoff management
activities and programs for municipal sources;
d. As applicable,facilitate the centralized management of municipal program data and
information.
7. Industrial and Commercial Sources Workgroup
The purpose of the Industrial and Commercial Sources Workgroup is to provide regional
standards and consistency in the development,implementation,assessment, and reporting of
urban runoff activities and programs related to industrial and commercial activities and
sources. At a minimum,this shall include the following responsibilities:
a. Develop,annually review,and update as necessary recommended regional standards
and approaches for the management of industrial and commercial sources to address
at a minimum:
(1) Priority Sources and Inventories,
(2) BMP Requirements and Recommendations,and
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(3) Program Implementation Approaches;
b. As applicable,coordinate the implementation of regional urban runoff management
activities and programs for industrial and commercial sources;
C. Develop,annually review,and update as necessary regional reporting, assessment,
program data and information management standards for industrial and commercial
sources; and
d. As applicable,facilitate the centralized management of industrial and commercial
program data and information.
IV. WATERSHED GENERAL PROGRAMS
The following apply to Watershed General Programs.
A. Watershed Lead Permittees
1. The following Copermittees are hereby designated as Watershed Lead Permittees for the
Watershed Management Areas listed:
a. Santa Margarita WMA: County of San Diego
b. San Luis Rey River WMA: City of Oceanside
C. Carlsbad WMA: City of Carlsbad
d. San Dieguito River WMA: City of Escondido
C. Penasquitos WMA: City of Poway
f. Mission Bay WMA: City of San Diego
g. San Diego River WMA: City of El Cajon
h. San Diego Bay WMA: Port of San Diego
i. Tijuana WMA: County of San Diego
2. Changes in the assignment or responsibilities of Watershed Lead Permittees require
unanimous approval of the applicable Watershed Permittees.
3. In addition to the responsibilities of all Copermittees described in Section II,each Watershed
Lead Permittee shall provide general program coordination for Watershed General Programs
applicable to their respective WMA,including the following tasks and responsibilities:
a. Establish,chair,and provide overall coordination and leadership of its respective
WURMP Sub-workgroup;
b. Collect and assemble the individual and joint program reports,plans,and submit
them to the Regional Principal Permittee or the Regional Board as required in the
Permit; and
C. Maintain knowledge of and advise the Watershed Copermittees regarding current
and proposed watershed-related State and Federal policies,regulations,and other
NPDES programs;assist the Copermittees in the development and presentation of
positions on these issues before local, State,and Federal agencies.
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B. Watershed URMP Sub-workgroups
1. For each WMA listed in section IV.A.1, a Watershed URMP Sub-workgroup is hereby
established.
2. Copermittee Participation in Watershed URMP Sub-workgroups
a. Each of the Watershed Copermittees shall have one Participant as a member of the
Watershed URMP Sub-workgroup;and
b. The Chair of the Watershed URMP Sub-workgroup shall be the Watershed Lead
Permittee,or any other Copermittee on approval of the group.
3. Unless a different minimum meeting frequency is established through the unanimous
approval of all Copermittees,each Watershed URMP Sub-workgroup shall meet at least four
times per year.
4. At a minimum,each Watershed URMP Sub-workgroup shall have the following
responsibilities:
a. Develop and implement a Watershed URMP as required by the Permit;
b. Develop and implement watershed activities and programs that are consistent with
all minimum regional standards established through the Regional WURMP
Workgroup and approved by the Management Committee;
C. Provide data,information,and other input to the Regional WURMP Workgroup and
other Copermittee Working Bodies as requested;
d. Coordinate the development,implementation,and reporting of TMDL activities and
programs within the WMA; and
C. Adopt an annual Watershed Work Plan and Watershed Shared Costs Budget in
accordance with section ILB.2.c.
5. Voting Requirements for Watershed URMP Sub-workgroups
a. The voting membership of each Watershed URMP Sub-workgroup shall consist of
one designated voting representative for each Watershed Copermittee;
b. For a vote to be held,a quorum representing a Three-fourths Majority of the voting
representatives of the Watershed URMP Sub-workgroup must be present;
C. For a vote to pass,an affirmative vote of at least a Simple Majority of voting
members of the Watershed URMP Sub-workgroup is needed;
d. The affirmative votes must represent greater than fifty percent(50%)of any cost
being shared;
C. Any Copermittee that is responsible for 25%or more of the total proposed cost must
be present for a vote to be approved; and
f. Watershed URMP Sub-workgroup voting on matters related to approving shared
costs,designating watershed leads,or approving Special Formulas shall not be
conducted outside of meetings(e.g.,by e-mail).
V. OTHER GENERAL PROGRAMS
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The following apply to Other General Programs.
1. For convenience,the Management Committee or any applicable Watershed Sub-workgroup
may provide a forum for deliberating and voting on issues and costs applicable to a subset of
its membership,and for which a separate Working Body has not been established.
2. For a vote to be held,a Two-thirds Majority of the Copermittees participating in or subject
to the activity or cost must be present,and voting shall be limited to those Copermittees.
3. For a vote to be approved:
a. An affirmative vote of a Simple Majority of the Copermittees participating in or
subject to the activity or cost is needed;
b. The affirmative votes must represent greater than fifty percent(50%)of any cost
being shared; and
C. Any Copermittee that is responsible for 25%or more of the total proposed cost must
be present.
VI. DISPUTE RESOLUTION
Should a dispute arise among any of the parties regarding any matter related to this MOU,the parties
agree to first meet and confer in good faith to attempt to resolve the dispute. If that fails to resolve
the dispute,they shall submit the matter to mediation.
1. Mandatory Non-binding Mediation. If a dispute arises out of,or relates to this MOU,or the
breach thereof, and if the dispute cannot be settled through normal contract negotiations,the
Parties agree to settle the dispute in an amicable manner,using mandatory mediation under
the Mediation Rules of the American Arbitration Association [AAA] or any other neutral
organization agreed upon before having recourse in a court of law. The cost of mediation
shall be borne by the parties equally.
2. Selection of Mediator.A single Mediator that is acceptable to both Parties shall be used to
mediate the dispute. The Mediator may be selected from lists furnished by the AAA or any
other agreed upon Mediator. To initiate mediation,the initiating Parry shall serve a Request
for Mediation on the opposing Parry.
3. Conduct of Mediation Sessions.Mediation hearings will be conducted in an informal
manner and discovery will not be allowed.All discussions, statements,or admissions will be
confidential to the Party's legal position. The Parties may agree to exchange any information
they deem necessary.
a. Both Parties must have an authorized representative attend the mediation. Each
representative must have the authority to recommend entering into a settlement.
Either Party may have attorney(s)or expert(s)present.Upon reasonable demand,
either Parry may request and receive a list of witnesses and notification whether
attorney(s)will be present.
b. Any agreements resulting from mediation shall be documented in writing.All
mediation results and documentation,by themselves, shall be "non-binding" and
inadmissible for any purpose in any legal proceeding,unless such admission is
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otherwise agreed upon,in writing,by both Parties.Mediators shall not be subject to
any subpoena or liability and their actions shall not be subject to discovery.
VII. GENERAL PROVISIONS
A. Term of Agreement
1. This MOU shall become effective on the date the last party executes the MOU.
2. The life of the MOU shall run with the life of the current Permit plus twelve months. For
purposes of this paragraph,any permit renewal or replacement after January 2012 shall be
considered a new permit; any earlier amendment of the Permit increasing the obligations of
the Regional Principal Permittee or a Watershed Lead Permittee may at that Copermittee's
sole option,be declared to be a new permit; and the Management Committee shall determine
whether any other earlier amendment to the Permit is of such significance as to effectively
be a new Permit.
B. Withdrawal of Copermittee
I. Participation in this MOU may be withdrawn by any Copermittee for any reason only after
the Copermittee complies with all of the following conditions of withdrawal:
a. The Copermittee shall notify all of the other Copermittees in writing 90 days prior to
its intended date of withdrawal.
b. The withdrawing Copermittee shall have its name deleted as a Copermittee to the
Permit prior to or on the withdrawal date.
2. Any expenses associated with withdrawal,including but not limited to,filing and obtaining
the withdrawing Copermittee's individual NPDES permit and the amendment of the Permit
will be solely the responsibility of the withdrawing Copermittee.
3. The withdrawing Copermittee shall be responsible for their portion of any shared costs
incurred according to the conditions of this MOU up to the time that each of the conditions
in Section VII.B.1.has been met.
4. Any monies paid by withdrawing Copermittee in excess of the amount due under the terms
of the MOU shall be refunded to the Copermittee at the time the withdrawal becomes final
as set forth in Section VILB.l.a.
5. The withdrawing Copermittee shall not be entitled to participate in the division of proceeds
in any reserve fund account when the MOU is dissolved.
C. Non-Compliance with MOU Requirements
Any participant to this MOU found to be in non-compliance with the conditions of this MOU shall
be solely liable for any lawfully assessed penalties resulting from such non-compliance. Failure to
comply with MOU conditions within specified or agreed upon timelines shall constitute non-
compliance with the MOU.
D. Amendments to the Memorandum of Understanding
This MOU may be amended only by consent of all Copermittees. No amendment shall be effective
unless it is in writing and signed by the duly authorized representatives of the Copermittees.
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E. Governing Law
This MOU shall be governed and construed in accordance with the laws of the State of California. If
any provision or provisions shall be held to be invalid,illegal,or unenforceable,the validity,
legality,and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
The headings used throughout this MOU are for convenience only and do not in any way limit or
amplify the terms or provisions of the MOU.
F. Consent and Breach Not Waiver
No term or provision hereof shall be deemed waived and no breach excused,unless such waiver or
consent shall be in writing and signed by the Copermittee to have waived or consented. Any consent
by any Copermittee to,or waiver of,a breach by the other,whether expressed or implied, shall not
constitute a consent to,waiver of,or excuse for any other different or subsequent breach.
G. Indemnification
I. Each Copermittee shall have the sole responsibility to comply with the Permit.
2. Each Copermittee shall pay all fines,penalties,and costs which may arise out of
such Copermittees's non-compliance with the Permit.
3. By entering into this MOU,no Copermittee assumes liability for claims or actions
arising out of the performance of any work or actions or omissions,by any other
Copermittee,its agents,officers,and employees under this MOU.
4. By entering into this MOU,each Copermittee agrees to defend itself from any claim,
action or proceeding arising out of the acts or omissions of itself and retain its own
legal counsel,and bear its own defense costs.
H. Application of Prior Agreements
This MOU constitutes the entire Agreement between the parties with respect to the subject matter;
all prior agreements,representations, statements,negotiations,and undertakings are superseded
hereby.
I. Execution of Agreement
This MOU may be executed in counterpart and the signed counterparts shall constitute a single
instrument.
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City Attorney
Dated:
SECOND AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMWATER COPERMITTEES
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF SAN DIEGO,
THE SAN DIEGO UNIFIED PORT DISTRICT,
THE SAN DIEGO REGIONAL AIRPORT AUTHORITY, AND
THE INCORPORATED CITIES OF CARLSBAD, CHULA VISTA,
CORONADO, DEL MAR, EL CAJON, ENCINITAS, ESCONDIDO,
IMPERIAL BEACH, LA MESA, LEMON GROVE, NATIONAL CITY,
POWAY, SAN DIEGO, SANTEE, SAN MARCOS, SOLANA BEACH,
AND VISTA, COLLECTIVELY CALLED COPERMITTEES
2014-05-13 Agenda Packet Page 94
SECOND AMENDMENT TO NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM
SAN DIEGO REGIONAL STORMWATER COPERMITTEES
MEMORANDUM OF UNDERSTANDING
This Second Amendment to National Pollutant Discharge Elimination System San Diego
Regional Stormwater Copermittees Memorandum of Understanding(MOU),dated March 21,
2014,is entered into by the County of San Diego (County),the San Diego Unified Port District
(Port),the San Diego County Regional Airport Authority(Airport),and the incorporated cities of
Carlsbad,Chula Vista,Coronado,Del Mar,El Cajon,Encinitas,Escondido,Imperial Beach,La
Mesa,Lemon Grove,National City,Oceanside,Poway, San Diego, Santee, San Marcos, Solana
Beach, and Vista(Cities),collectively called Copermittees.
RECITALS
WHEREAS,on May 7,2007,the San Diego Regional Water Quality Control Board
(SDRWQCB)issued NPDES Order No. R9-2013-0001,which includes requirements in addition
to those that were imposed on the Copermittees in NPDES Permit No. R9-2007-0001; and
WHEREAS,the Copermittees entered into a National Pollutant Discharge Elimination System,
San Diego Regional Stormwater Copermittees,Memorandum of Understanding(MOU) on
November 16,2007 to comport with the NPDES Permit No. R9-2007-001 requirement that they
cooperate in the implementation of activities and programs;
WHEREAS,the Copermittees entered into a First Amendment to National Pollution Discharge
Elimination System San Diego Regional Stormwater Copermittees Memorandum of
Understanding,dated November 16,2007,(First Amendment)on June 15,2010 in order to allow
the refund of budgeted but unspent funds to the Parties at the conclusion of each fiscal year;and
WHEREAS,the Copermittees wish to amend the MOU to extend the termination date of the
MOU through August 31,2015, and expressly limit the sharing of Fiscal Year 2014-15
expenditures to those identified in this amendment.
Second Amendment to San Diego Regional Stormwater Copermittees MOU- 1 - March 21,2014
2014-05-13 Agenda Packet Page 95
NOW,THEREFORE,in consideration of the above recitals and the mutual promises
contained herein,the parties agree to amend and supplement the MOU as follows:
1. SECOND AMENDMENT TO NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM(NPDES),SAN DIEGO REGIONAL STORMWATER
COPERMITTEES MEMORANDUM OF UNDERSTANDING
1.1 Paragraph four under"RECITALS"is hereby amended and restated to
read in its entirety as follows:
WHEREAS,the County,the Port,the Airport, and the Cities desire to implement an integrated
stormwater management program with the objective of improving surface water quality in the
County of San Diego. However, some Copermittees have appealed Order R9-2013-0001 to the
State Water Resources Control Board pursuant to the Ca.Water Code. A stay of Order R9-2013-
0001 has not been granted by the SWRCB of the provisions of that order. The fact that those
Copermittees are moving forward simultaneously with this MOU while appealing the Order is not
intended to constitute a waiver of those appeal rights by those entities pursuing the appeals; and
1.2 Section ILB.2 of the MOU entitled"Annual Shared Cost Budgets and
Work Plans"is hereby amended to add sub-section e,which will read as follows:
e. The regional costs to be shared by the Copermittees during Fiscal Year 2014-15 shall
not exceed$4,051,589. These funds may only be used toward expenditures identified in the FY
2014-15 Consolidated Work Plan and Budget included as MOU Attachment 2,or as subsequently
modified by unanimous consent of all Copermittees.
1.3 Exhibit A to this amendment is hereby added as Attachment 2 to the
MOU.
1.4 Section VILA of the MOU,entitled"Term of Agreement",is hereby
amended and restated to read in its entirety as follows:
Second Amendment to San Diego Regional Stormwater Copermittees MOU-2- March 21,2014
2014-05-13 Agenda Packet Page 96
1. This MOU shall become effective on the date the last parry executes the MOU.
2. The life of the MOU shall run through August 31,2015.
1.5 Section VILC of the MOU, entitled "Non-Compliance with MOU
Requirements",is hereby amended and restated to read in its entirety as follows:
1. Any participant to this MOU found to be in non-compliance with the conditions of this
MOU shall be solely liable for any lawfully assessed penalties resulting from such non-
compliance.Failure to comply with MOU conditions within specified or agreed upon
timelines shall constitute non-compliance with the MOU.
2. Federal Limitations on Use of Airport Revenue.Notwithstanding the rights and
obligations of the Parties created by this MOU,no Parry may be found in breach of this
MOU where compliance would require that Parry to violate any law or grant assurance,
including but not limited to provisions of the Federal Aviation Administration 1999
Policy and Procedure Concerning the Use of Airport Revenue [64 Fed. Reg. 7696,dated
Feb. 16, 1999];the Airport and Airway Improvement Act of 1982 codified at 49 U.S.C. §
47107(b);the Federal Aviation Administration Authorization Act of 1994, P.L. 103-305
(Aug. 23, 1994);the Airport Revenue Protection Act of 1996,Title VIII of the Federal
Aviation Administration Act of 1996,P.L. 104-264(Oct. 9, 1996), 110 Stat. 3269(Oct.
9, 1996);49 U.S.C. § 46301(n)(5); and 49 U.S.C. §47133. The Parties recognize that the
Airport has received federal Airport Improvement Project("AIP")grants containing grant
assurance 25,which provides: "All revenues generated by the airport. . .will be
expended by it for the capital or operating costs of the airport;the local airport system; or
other local facilities which are owned or operated by the owner or operator of the airport
and which are directly and substantially related to the actual air transportation of
passengers or property; or for noise mitigation purposes on or off the airport."
2. EFFECT OF AMENDMENT
Second Amendment to San Diego Regional Stormwater Copermittees MOU-3- March 21,2014
2014-05-13 Agenda Packet Page 97
2.1 This Second Amendment to National Pollutant Discharge Elimination
System, San Diego Regional Stormwater Copermittees,Memorandum of Understanding shall be
effective and binding on all parties hereto commencing upon the date the last parry executes the
Second Amendment to MOU.
2.2 This Amendment may be executed in any number of counterparts,each
of which shall be an original,but all of which together shall constitute one instrument. In the
event that any Copermittee is unable to execute this amendment prior to May 8,2014,execution
of this amendment after that date shall constitute ratification of this amendment, and the MOU
and extensions shall be in effect once all signatures are obtained.
[BALANCE OF PAGE INTENTIONALLY LEFT BLANK]
Second Amendment to San Diego Regional Stormwater Copermittees MOU-4- March 21,2014
2014-05-13 Agenda Packet Page 98
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RESOLUTI O\\O.201�- '
RESOLUTIO\ OF THE CIT1' COU�'CIL OF THE CIT1' OF � .
CHULA YISTA APPROVING CERTAIN ADDITIO\AL _
SERVICES IN ACCORDAIJCE N'ITH ARTICLE I OF THE ' '
EXISTING AGREEME\T DATED NOVEMBER 9. 2010, -
APPROVED IN ACCORDANCE NITH COITNCIL '
RESOLUTIO\ 2010-?63. BET\\'EEN THE CITl' OF CHULA
\'ISTA A;:D RIC}: ENGfNEERING C0�1PA\l' I� THE �
� AMOIJNT OF 51=1?l.000 FOR PREPARt,�'G A\D
PERD1ITTING THE ENVIRO\61E\TAL MITIGATIO\' FOR
BO\ITA CAN1'O\' EMERGENCY REPAIR PROJECT(DR189)
N`HEREAS. on Aueust I7. 2010. in accordance �cith Resolution No. 2010-21 Z. the Citv
Council established a ne��•Capital Improvement Project(or Bonita Cam�on Repa'vs.project(DR- -
189);and . .
U`HEREAS. on No��ember 9. 2010. in accordance �cith Resolution 2010-263. ihe Citv
Council approved an aereemen[ bet���een the Cit�• of Chula Vista and the Rick Eneineerine
Compam• and Helis Environmental Plannins (°RH Team') for professional sen�ices for
preparine plans and specifications for the Bonita Cangon Repair Project ("Aereement with RH '
Team"):and
\1'HEREAS. on �1azch li. 2012. in accordance �rith Resolution 2012-041. the Cin•
Council appropriated SiO4,000 from the General Fund Resen�e for Fiscal l'ear ?01? to [he
e�isting Capital Impro��ement Project DR189. (or the construction of�he Bonita Cam•on repairs.
enrironmental permittine fees, and for approvine cenain additional consultant sen�ices in
accordance w�ith Anide I of the Aereement with RFI Team: and �
\YHGREAS. on March 13. ?01?. in accordance o•ith Resolution 2012-041. the Ci[v '
Council appropriated an additional $514.000 to DR189 for Bonita Can7on environmental -
mitieation in the FY2012-li Capital Improvemen[Budoer.and
R'HEREAS. �rhile processing ptans for repairing the gabion strucmre�vith the Resource
Agencies. Staff applied for an emergenc}• Reeional General Permit No. 63 permit(RGP63)Gom
the Army Corps o(Eneineers due the vulnerabilin• of the condition of[he gabion strucmre and
the threats o(major storms:and
\1`HEREAS. on December 31. ?012. the Arm}� Corps of Engineers eranted the Cit}� a - _ '
RGP63 permit to rein(orce ihe eabion strucwre:and
\1`HEREAS. on Januan• 4. ?013. upon obtainine City A1anaeer's approval and upon
solicitine three in(ortnal bids (rom contractors. statT retained Cass Conswetion. Ine. to perform
Boni[a Canyon Emereenc}• Repair in accordance ���i[h pro��isions in Seccion 1009 of the Cin•
Chaner:and
Resolution I�o.
Paee 2
N'HEREAS. Cass Construccioa Inc. completed the emereenc.�repair work on A1arch?7.
2013. A5 result of completing the emereenc}• ���ork. the potential threat of injun� and property
damaee has been avened due m the combined e(fons of the RH Team. City StafC and the � �
Resource Aeencies:and � - �
N'HEREAS. since the completion of the construction, the RH Team and Staff have - '
contacted the Resource Agencies on a regular basis to obtain approval of the mitieation phase. : �
but negotiations with the ACOE have been proloneed due to federal budeet issues and due to �
disa�eement �vith ACOE over �he Cin•'s proposed mitieation in the Habitat Mitigation and
\1onitorine Plan(HMMP):and
R`HEREAS. since the RH Team is familiar ��•ith the project conditions and is alread�• -
under convact with the Cit�• (or doing the original repair �+�ork staff recommends that Cit}� '
Council auement the wrrent wnvact�eith ilie RH Team.so ihev mav cominue neaotiations with �
the ACOE and produce construction dra�eines and documentation for the em�ironmental - �
mitieation phase:and . _
N'HEREAS. once ilie Resource Aeencies issue their approval for the em�ironmental
mitigation, staff���ill (ollo��• the Request for Proposals process and return to Council to award
contracis for the wnstruttion and implementation of the environmental mitieation and bioloeical
monitorine for this project
NO��'. THEREFORE. BE IT RESOLVED [hat the Citv Council of the Citv o(Chula
Vista in accordance wi[h Anicle I of the Ageement�vith Rli'I�eam.does hereby approve cenain
� additional sen�ices in the amoum of 5721�76.000 includine contineenc}•_and cenain_optional_,-ir«,��ttee:sa,xeuuwyn �
tasks to be auihorized at Stafi's discretion for the preparation of conswetion dra�vings and _ �
documentation for the environmental mitieation phue of the Bonita Canpon Emergenc�• Project
(DR189)and to continue neeotiation«�ith the Resource Agencies to obtain permia for the same. � .
Presented b}• Approved as to form b}�
Richazd A. Hopkins Glen R. Googins
Director of Public U'orks Citv Attomev
..Title
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CERTAIN ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I
OF THE EXISTING AGREEMENT DATED NOVEMBER 9, 2010, APPROVED IN
ACCORDANCE WITH COUNCIL RESOLUTION NO. 2010-263, BENVEEN THE CITY
OF CHULA VISTA AND RICK ENGINEERING COMPANY IN THE AMOUNT OF
a121�6,000 FOR PREPARING AND PERMITTING THE ENVIRONMENTAL
MITIGATION FOR BONITA CANYON EMERGENCY REPAIR PROJECT (DR189)
..Body
RECOMMENDED ACTION
..Recommended Action
Council adopt the resolution.
..Body
SUMMARY
On December 31, 2012, the US Army Corps of Engineer (ACOE) granted the City of
Chula Vista a Regional General Permit (RGP63) for the Bonita Canyon Emergency
Repair project to address the impending failure of the gabion structure due to the onset
of rains. On January 25, 2013, the repair work was completed by Cass Construction,
Inc. As a condition of the RGP63, mitigation of the project impacts is negotiated after
the emergency work has been done. The requested action will allow the City to prepare
and permit the environmental mitigation for the emergency repair.
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 through regulatory agency negotiations and the preparation of
drawings and environmental documentation for future project mitigation implementation
related to the Bonita Canyon Repair project. The evaluation and documentation is part
of a study leading to an action that the City of Chula Vista has not yet approved or
adopted. Thus, no further environmental review is required at this time. Although
environmental review is not required at this time, once the scope of potential actions are
defined, environmental review will be required and the appropriate environmental
determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
On November 9, 2010, in accordance with Resolution 2010-263, City Council approved
a contract agreement with Rick Engineering Company and Helix Environmental
Planning (RH Team) that included capital improvement project DR189 "Bonita Canyon
Repairs".
Since the canyon has sensitive wetland areas, the work within the canyon was
permitted by ACOE after review and consultation with the Resource Agencies Team.
The Resource Agencies Team includes Army Corps of Engineers (ACOE), Regional
Water Quality Control Board (RWQCB), US Fish and Wildlife Service (USFWS), and
California Department of Fish and Wildlife (CDFW).
On June 5, 2012, the City and RH Team met with the Resource Agencies Team and
presented the originally proposed project which focused on repairing, reinforcing and
stabilizing the existing gabion structure. The Resource Agencies Team rejected the
concept of repairing the gabion and recommended a channel restoration project
instead.
In subsequent meetings with the Resource Agencies Team, City staff expressed their
concerns with the timing and cost of the recommended restoration project and proposed
an alternative design which was acceptable to the Resource Agencies Team (?) . The
modifications to the plans, specifications and environmental documents as well as the
processing of the proposed project increased the level of effort and work required by
the RH Team, therefore additional project work was awarded to RH Team per
Resolutions No. 2012-234, and 2012-04 (Attachment No.1).
During the Fall of 2012, after the City experienced several significant storm events, staff
became increasingly concerned about the urgency of the project, the current condition
of Bonita Canyon, and the possibility that future rain events might destroy or fuhher
damage the gabion structure and release large amounts of silt downstream. Upon
further evaluating these concerns and with the assistance of RH Team, staff requested
an emergency Regional General Permit No. 63 permit (RGP63) from the ACOE to place
rip-rap on the downstream side of the gabion structure in order to reinforce the gabion
structure and prdvide sediment containment.
On December 31, 2012, after further negotiations, the ACOE granted the City of Chula
Vista a permit, RGP63, which is typically issued for "Repair and Protection Activities in
Emergency Situations". The proposed project included reinforcing the gabion with Yz
ton rock/riprap that would permanently stabilize the existing gabion structure and fulfill
the original purpose of the Bonita Canyon Repairs CIP. Staff informed the other
Resource Agencies including RWQCB, USFWS, and CDFW of the action taken by the
ACOE.
Subsequently, in accordance with provisions in Section 1009 of the City Charter, on
January 4, 2013, upon obtaining approval from the Resource Agencies Team, Chula
Vista staff solicited three informal bids from contractors and retained Cass Construction,
Inc. (Contractor License No. 298336) to perform the repair work. On March 27, 2013,
Cass Construction, Inc. completed the repair work, and the potential threat of injury and
property damage has been averted due to the combined efforts of RH Team, City staff
and the Resource Agencies Team.
Since the completion of the construction, the RH Team and Staff have been persistently
contacting the Resource Agencies Team and requesting review and approval for the
project mitigation. However, the negotiations with the ACOE have been prolonged due
to federal budget issues and disagreement between the City and ACOE over the
proposed mitigation in the Habitat Mitigation and Monitoring Plan (HMMP). Additional
effort is required to approve this phase of the project. This Resolution will authorize City
staff to augment the current contract with RH Team to assist in the continued
negotiations with ACOE and the preparation of the construction documents for the
mitigation.
Since the RH Team is already familiar with the project conditions and was already under
contract with the City for doing the original repair work, staff recommends that City
Council augment the current contract with the RH Team for an additional $12198,000 to
continue negotiations and to produce the construction drawings and documentation for
the environmental mitigation phase. RH Team's cost estimate to complete the
environmental work for the RGP63 is dependent on ACOE making their final decisions
on the required mitigation for this project. The amount in this resolution is based on
staff and RH Team's best estimate at this time.
As of today, the City has compensated the RH Team $287,373 for their services:
Once the ACOE issues their approval for the environmental mitigation, staff will proceed
with Request for Proposals process and return to Council to award contracts for the
construction and implementation of the environmental mitigation and biological
monitoring for this project.
DECISION-MAKER CONFLICT
Staff has reviewed the properry 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
This project will support the City's Strategic Plan as it seeks to enhance the City's
Strategic Goals of Healthy Community by controlling the erosion and creating safe
environment within Bonita Canyon Channel.
CURRENT YEAR FISCAL IMPACT
Staff recommends funding the consultant services for processing and preparing the
environmental mitigation documentations for Bonita Canyon emergency repair project
from the remaining balance of �654,861 that was budgeted from the General Fund in
CIP DR189. To date, the City has spent a total of �489,433 for the RH Team services
and for construction of the repair from the General Fund in construction costs
associated with CIP DR189.
ONGOING FISCAL IMPACT
After completion of the project, an annual on-going maintenance expenditure will be
required. The amount of this expenditure will depend on mitigation negotiations with the
Resource Agencies described earlier in this repoR.
ATTACHMENTS
1. Resolutions (No. 2013-095, 2012-234, 2012-041, 2010-263 , 2010-212)
2. RH Team Scope of Work
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0241, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CERTAIN
ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT
DATED NOVEMBER 9, 2010, APPROVED IN ACCORDANCE WITH COUNCIL RESOLUTION NO.
2010-263, BETWEEN THE CITY OF CHULA VISTA AND RICK ENGINEERING COMPANY IN THE
AMOUNT OF $76,000 FOR PREPARING AND PERMITTING THE ENVIRONMENTAL MITIGATION
FOR BONITA CANYON EMERGENCY REPAIR PROJECT (DR189)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
On December 31 , 2012, the US Army Corps of Engineer (ACOE) granted the City of Chula Vista a
Regional General Permit (RGP63) for the Bonita Canyon Emergency Repair project to address the
impending failure of the gabion structure due to the onset of rains. On January 25, 2013, the repair
work was completed by Cass Construction, Inc. As a condition of the RGP63, mitigation of the
project impacts is negotiated after the emergency work has been done. The requested action will
allow the City to prepare and permit the environmental mitigation for the emergency repair.
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 through regulatory agency
negotiations and the preparation of drawings and environmental documentation for future project
mitigation implementation related to the Bonita Canyon Repair project. The evaluation and
documentation is part of a study leading to an action that the City of Chula Vista has not yet
approved or adopted. Thus, no further environmental review is required at this time. Although
environmental review is not required at this time, once the scope of potential actions are defined,
environmental review will be required and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
On November 9, 2010, in accordance with Resolution 2010-263, City Council approved a contract
agreement with Rick Engineering Company and Helix Environmental Planning (RH Team) that
included capital improvement project DR189 "Bonita Canyon Repairs".
Since the canyon has sensitive wetland areas, the work within the canyon was permitted by ACOE
after review and consultation with the Resource Agencies Team. The Resource Agencies Team
includes Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), US
City of Chula Vista Page 1 of 3 Printed on 5/8/2014
2014-05-13 Agenda Packet powered by Leg age 101
File#: 14-0241, Item#: 6.
Fish and Wildlife Service (USFWS), and California Department of Fish and Wildlife (CDFW).
On June 5, 2012, the City and RH Team met with the Resource Agencies Team and presented the
originally proposed project which focused on repairing, reinforcing and stabilizing the existing gabion
structure. The Resource Agencies Team rejected the concept of repairing the gabion and
recommended a channel restoration project instead.
In subsequent meetings with the Resource Agencies Team, City staff expressed their concerns with
the timing and cost of the recommended restoration project and proposed an alternative design
which was acceptable to the Resource Agencies Team (?) . The modifications to the plans,
specifications and environmental documents as well as the processing of the proposed project
increased the level of effort and work required by the RH Team, therefore additional project work was
awarded to RH Team per Resolutions No. 2012-234, and 2012-04 (Attachment No.1).
During the Fall of 2012, after the City experienced several significant storm events, staff became
increasingly concerned about the urgency of the project, the current condition of Bonita Canyon, and
the possibility that future rain events might destroy or further damage the gabion structure and
release large amounts of silt downstream. Upon further evaluating these concerns and with the
assistance of RH Team, staff requested an emergency Regional General Permit No. 63 permit
(RGP63) from the ACOE to place rip-rap on the downstream side of the gabion structure in order to
reinforce the gabion structure and provide sediment containment.
On December 31 , 2012, after further negotiations, the ACOE granted the City of Chula Vista a
permit, RGP63, which is typically issued for "Repair and Protection Activities in Emergency
Situations". The proposed project included reinforcing the gabion with 1/2 ton rock/riprap that would
permanently stabilize the existing gabion structure and fulfill the original purpose of the Bonita
Canyon Repairs CIP. Staff informed the other Resource Agencies including RWQCB, USFWS, and
CDFW of the action taken by the ACOE.
Subsequently, in accordance with provisions in Section 1009 of the City Charter, on January 4, 2013,
upon obtaining approval from the Resource Agencies Team, Chula Vista staff solicited three informal
bids from contractors and retained Cass Construction, Inc. (Contractor License No. 298336) to
perform the repair work. On March 27, 2013, Cass Construction, Inc. completed the repair work,
and the potential threat of injury and property damage has been averted due to the combined efforts
of RH Team, City staff and the Resource Agencies Team.
Since the completion of the construction, the RH Team and Staff have been persistently contacting
the Resource Agencies Team and requesting review and approval for the project mitigation.
However, the negotiations with the ACOE have been prolonged due to federal budget issues and
disagreement between the City and ACOE over the proposed mitigation in the Habitat Mitigation and
Monitoring Plan (HMMP). Additional effort is required to approve this phase of the project. This
Resolution will authorize City staff to augment the current contract with RH Team to assist in the
continued negotiations with ACOE and the preparation of the construction documents for the
mitigation.
Since the RH Team is already familiar with the project conditions and was already under contract
with the City for doing the original repair work, staff recommends that City Council augment the
current contract with the RH Team for an additional $100,000 to continue negotiations and to
City of Chula Vista Page 2 of 3 Printed on 5/8/2014
2014-05-13 Agenda Packet powered by Leg age 102
File#: 14-0241, Item#: 6.
produce the construction drawings and documentation for the environmental mitigation phase. RH
Team's cost estimate to complete the environmental work for the RGP63 is dependent on ACOE
making their final decisions on the required mitigation for this project. The amount in this resolution is
based on staff and RH Team's best estimate at this time.
As of today, the City has compensated the RH Team $287,373 for their services:
Once the ACOE issues their approval for the environmental mitigation, staff will proceed with
Request for Proposals process and return to Council to award contracts for the construction and
implementation of the environmental mitigation and biological monitoring for this project.
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
This project will support the City's Strategic Plan as it seeks to enhance the City's Strategic Goals of
Healthy Community by controlling the erosion and creating safe environment within Bonita Canyon
Channel.
CURRENT YEAR FISCAL IMPACT
Staff recommends funding the consultant services for processing and preparing the environmental
mitigation documentations for Bonita Canyon emergency repair project from the remaining balance of
$654,861 that was budgeted from the General Fund in CIP DR189. To date, the City has spent a
total of $489,433 for the RH Team services and for construction of the repair from the General Fund
in construction costs associated with CIP DR189.
ONGOING FISCAL IMPACT
After completion of the project, an annual on-going maintenance expenditure will be required. The
amount of this expenditure will depend on mitigation negotiations with the Resource Agencies
described earlier in this report.
ATTACHMENTS
1. Resolutions (No. 2013-095, 2012-234, 2012-041, 2010-263 , 2010-212)
2. RH Team Scope of Work
City of Chula Vista Page 3 of 3 Printed on 5/8/2014
2014-05-13 Agenda Packet Page 103
RESOLUTION NO. 2013-095
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE FINAL REPORT OF
EXPENDITURES FOR BONITA CANYON EMERGENCY
REPAIR PROJECT AND RATIFYING THE CONTRACT
BETWEEN THE CITY OF CHULA VISTA AND CASS
CONSTRUCTION, INC. FOR THE BONITA CANYON
EMERGENCY REPAIR WORK (CIP DR189) AND THE
ASSOCIATED EXPENDITURES
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and
WHEREAS, staff noticed that the Bonita Canyon channel has erosion issues that need to
be repaired to control the erosion in the channel; and
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority among all drainage erosion projects in the City; and
WHEREAS, on August 17, 2010, in accordance with Resolution No. 2010-212, the City
Council established a new capital improvement project for Bonita Canyon Repairs, project
DR189; and
WHEREAS, the City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program
approving funds to include the Bonita Canyon Repairs project; and
WHEREAS, on November 9, 2010, in accordance with Resolution No. 2010-263, the
City Council approved an agreement between the City of Chula Vista and the Rick Engineering
Company for professional services for preparing plans and specifications for the Bonita Canyon
Repair Project; and
WHEREAS, on April 13, 2012, in accordance with Resolution No. 2012-041, the City
Council appropriated $466,000 from the General Fund Reserve for Fiscal Year 2012 to the
existing Capital Improvement Project DR189, for the construction of the Bonita Canyon repairs,
environmental permitting fees, and associated consultant services, and approved certain
additional services in accordance with Article I of the existing agreement between the City of
Chula Vista and Rick Engineering Company in the amount of$38,000; and
WHEREAS, City Council appropriated an additional $514,000 to DR189 for Bonita
Canyon environmental mitigation in the Fiscal Year 2012/2013 Capital Improvement Budget;
and
2014-05-13 Agenda Packet Page 104
Resolution No. 2013-095
Page No. 2
WHEREAS, while processing plans for repairing the gabion structure with the Resource
Agencies, Staff applied for an emergency Regional General Permit No. 63 permit (RGP63) from
the Army Corps of Engineers due the vulnerability of the current condition of the gabion
structure and the threats of major storms; and
WHEREAS, on December 31, 2012, the Army Corps of Engineers granted the City a
RGP63 permit to reinforce the gabion structure; and
WHEREAS, on January 4, 2013, upon obtaining City Manager's approval and upon
soliciting three informal bids from contractors, staff retained Cass Construction, Inc. to perform
Bonita Canyon Emergency Repair in accordance with provisions in Section 1009 of the City
Charter; and
WHEREAS, Cass Construction, Inc. completed the emergency repair work on March 27,
2013. As result of completing the emergency work, the potential threat of injury and property
damage has been averted due to the combined efforts of the Rick Engineering Team, City Staff,
and the Resource Agencies; and
WHEREAS, the total cost of the repair work was $190,543; and
WHEREAS, staff will return to City Council at a later date to select a contractor and
enter into a contract for subsequent mitigation work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ratify the contract between the City and Cass Construction, Inc. to perform the
Bonita Canyon emergency repair work and does ratify the associated expenses in the amount of
$190,543.
Presented by Approved as to form by
Richard X kop s Llen . ogi ns
Director of Pu is Works tto y
2014-05-13 Agenda Packet Page 105
Resolution No. 2013-095
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of May 2013 by the following vote:
AYES: Councilmembers: Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Aguilar
i
0
Cheryl Cox, M or
ATTEST:
Donna R. Norris, CM , City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO }
CITY OF CHULA VISTA }
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-095 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of May 2013.
Executed this 28th day of May 2013.
Ain.149 a -X-/ . 0
Donna R. Norris, CMC, City Clerk
2014-05-13 Agenda Packet Page 106
RESOLUTION NO. 2012-234
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CERTAIN ADDITIONAL
SERVICES IN ACCORDANCE WITH ARTICLE I OF THE
EXISTING AGREEMENT DATED NOVEMBER 9, 2010,
APPROVED IN ACCORDANCE WITH COUNCIL
RESOLUTION NO. 2010-263, BETWEEN THE CITY OF
CHULA VISTA AND RICK ENGINEERING COMPANY IN
THE AMOUNT OF $100,000 FOR PREPARING AND
PERMITTING LONG TERM REPAIR PROJECT FOR BONITA
CANYON (DR-189)
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and
WHEREAS, staff noticed that the Bonita Canyon channel has erosion issues that need to
be repaired to control the erosion in the channel; and
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority among all drainage erosion projects in the City; and
WHEREAS, on August 17, 2010, in accordance with Resolution No. 2010-212, the City
Council established a new capital improvement project for Bonita Canyon Repairs, project
DR189; and
WHEREAS, the City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program
approving funds to include the Bonita Canyon Repairs project; and
WHEREAS, on November 9, 2010, in accordance with Resolution No. 2010-263, the
City Council approved an agreement between the City of Chula Vista and the Rick Engineering
Company for professional services for preparing plans and specifications for the Bonita Canyon
Repair Project; and
WHEREAS, on April 13, 2012, in accordance with Resolution No. 2012-041, the City
Council appropriated $466,000 from the General Fund Reserve for Fiscal Year 2012 to the
existing Capital Improvement Project DR189, for construction of the Bonita Canyon repairs,
environmental permitting fees, and associated consultant services, and approved certain
additional services in accordance with Article I of the existing agreement between the City of
Chula Vista and Rick Engineering Company in the amount of$38,000; and
WHEREAS, funding requested by this action will be sufficient to construct the project;
and
2014-05-13 Agenda Packet Page 107
Resolution No. 2012-234
Page No. 2
WHEREAS, the construction cannot occur, nor be initiated, without proper mitigation
and monitoring; and
WHEREAS, construction of the project in Fiscal Year 2012/2013 is necessary to avoid
redoing the environmental permitting process at an additional expense and prevent further
erosion; and
WHEREAS, staff has been coordinating this project with the County of San Diego since
the Bonita Canyon Channel flows downstream through the County of San Diego's Jurisdiction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve certain additional services in accordance with Article I of the existing
agreement dated November 4, 2010, approved in accordance with Council Resolution No. 2010-
363 between the City of Chula Vista and the Rick Engineering Company in the amount of
$100,000 for preparing and permitting the long term repair project for Bonita Canyon (DR-l89).
Presented by Approved as to form by
ti
ch . H ki G en R. G ogins ,
Director of Publi Works Ci Mey
2014-05-13 Agenda Packet Page 108
Resolution No. 2012-234
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11 th day of December 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Mayor
ATTEST:
AL,n� ,1-21. oAA,. o
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-234 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December 2012.
Executed this 1 I th day of December 2012.
Donna R. Norris, CMC, City Clerk
2014-05-13 Agenda Packet Page 109
RESOLUTION NO. 2012-041
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $466,000 FROM THE
GENERAL FUND RESERVE FOR FISCAL YEAR 2012 TO
THE EXISTING CAPITAL IMPROVEMENT PROJECT DR189,
FOR CONSTRUCTION OF BONITA CANYON REPAIRS,
ENVIRONMENTAL PERMITTING FEES, AND ASSOCIATED
CONSULTANT SERVICES, AND APPROVING CERTAIN
ADDITIONAL SERVICES IN ACCORDANCE WITH ARTICLE
I OF THE EXISTING AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RICK ENGINEERING COMPANY IN
THE AMOUNT OF $38,000
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and
WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to
be repaired to control the erosion in the channel; and
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority among all drainage erosion projects in the City; and
WHEREAS, on August 17, 2010, per Resolution No. 2010-212, the City Council
established a new capital improvement project for Bonita Canyon Repairs project DR189; and
WHEREAS, City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program
approving funds to include Bonita Canyon Repairs project; and
WHEREAS, on November 9, 2010, per Resolution 2010-263, the City Council approved
an agreement between the City of Chula Vista and Rick Engineering Team for professional
services for preparing plans and specifications for Bonita Canyon Repair Project; and
WHEREAS, the design work and the environmental process are nearing completion; and
WHEREAS, staff is requesting an appropriation in the amount of $466,000 to the
existing project (DR189), which will allow staff to put the project out to bid and begin to secure
all of the environmental permitting necessary; and
WHEREAS, included in the total appropriation requested are funds necessary, in the
amount of $38,000, to have the Rick Engineering Team perform additional tasks under the
existing contract and to pay permit application fees- and
2014-05-13 Agenda Packet Page 110
Resolution No. 2012-041
Page 2
WHEREAS, though funding requested by this action will be sufficient to cover the
construction of the project, the construction cannot occur, nor be initiated, without proper
mitigation and monitoring; and
WHEREAS, staff anticipates that the mitigation and monitoring will cost approximately
$514,000; and
WHEREAS, staff will include $514,000 from the General Fund Reserve in the proposed
Fiscal Year 2012/2013 Capital Improvement Budget DR189 for the environmental mitigation
and monitoring phase in order to implement the project; and
WHEREAS, construction of the project in Fiscal Year 2012/2013 is necessary to avoid
redoing the environmental permitting process at an additional expense and prevent further
erosion; and
WHEREAS, staff has been coordinating this project with the County of San Diego since
Bonita Canyon Channel flows downstream through the County of San Diego Jurisdiction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby appropriate $466,000 from the General Fund Reserve for Fiscal Year 2012 to
the existing Capital Improvement Project DR189, for construction of Bonita Canyon repairs,
environmental permitting fees, and associated consultant services, and approving certain
additional services in accordance with Article I of the existing agreement between the City of
Chula Vista and Rick Engineering Company in the amount of$38,000.
Presented by Approved as to form by
Richard A. Hop s 11 gins
Director of P is Works y
2014-05-13 Agenda Packet Page 111
Resolution No. 2012-041
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of March 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
l �
Cheryl Cox, Mf or
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO }
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-041 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of March 2012.
Executed this 13th day of March 2012.
Donna R.Norris, CMC, City Clerk
2014-05-13 Agenda Packet Page 112
RESOLUTION NO. 2010-263
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND RICK ENGINEERING
TEAM FOR PREPARING ENGINEERING DESIGN AND
ENVIRONMENTAL REVIEW SERVICES FOR CAPITAL
IMPROVEMENT PROJECT "BONITA CANYON REPAIRS"
(DR 189)
WHEREAS, the City of Chula Vista's infrastructure includes natural and improved
drainage systems that convey water away from property and ultimately out to the receiving
waters of the Otay and Sweetwater Rivers and the San Diego Bay; and
WHEREAS, staff noticed that Bonita Canyon channel has erosion problems that need to
be repaired to control the erosion in the channel; and
WHEREAS, on July 23, 2010, Rick Engineering Company completed a drainage priority
assessment and determined that the work in Bonita Canyon is the most critical and has the
highest priority among all drainage erosion projects in the City; and
WHEREAS, on August 17, 2010, per Resolution No. 2010-212, the City Council
established a new capital improvement project for Bonita Canyon Repairs project; and
WHEREAS, City of Chula Vista amended the Fiscal Year 2010/2011 CIP Program
approving funds to include Bonita Canyon Repairs project; and
WHEREAS, City Council authorized staff to negotiate a contract with Rick Engineering
Company as the lead consultant and Helix Environmental Planning Inc. as a subconsultant (Rick
Engineering Team); and
WHEREAS, after a thorough negotiation, staff was successful in reaching an agreement
with Rick Engineering Team to perform the work as described in Resolution No. 2010-212 for
an amount of$144,800; and
WHEREAS, staff has been coordinating this project with the County of San Diego since
Bonita Canyon Channel flows downstream through the County of San Diego Jurisdiction; 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.
2014-05-13 Agenda Packet Page 113
Resolution No. 2010-263
Page 2
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 Rick Engineering
Team for preparing engineering design and environmental review services for Capital
Improvement Project`Bonita Canyon Repairs" (DR 189).
Presented by Approved as to form by
�G
Richard A. o ns Bart . Miesfeld
Director of Public Works City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California,this 9th day of November 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Mg or
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-263 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of November 2010.
Executed this 9th day of November 2010.
onna R. Norris, C , City Clerk
2014-05-13 Agenda Packet Page 114
RESOLUTION NO. 2010-212
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT "BONITA CANYON REPAIRS"
(DR-189), AMENDING THE FISCAL YEAR 2010/2011 CIP
PROGRAM, APPROPRIATING FUNDS THEREFOR;
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
NEGOTIATE WITH THE CONSULTANT TEAM OF RICK
ENGINEERING COMPANY AND HELIX ENVIRONMENTAL
PLANNING INC.; AND IF NECESSARY, AUTHORIZE STAFF
TO PREPARE AND SOLICIT REQUESTS FOR PROPOSALS
FOR ENGINEERING DESIGN, ENVIRONMENTAL REVIEW
AND GEOTECHNICAL SERVICES SO THE ENGINEERING
DESIGN AND ENVIRONMENTAL DOCUMENT CAN BE
COMPLETED BY SPRING 2011
WHEREAS, in 2004 the City of Chula Vista completed a Citywide Drainage Master Plan
prepared by the consultant PBS&J; and
WHEREAS, City staff presented the findings to the City Council at an infrastructure
workshop on April 5, 2007; and
WHEREAS, a list of drainage deficiencies that had been identified through the 2004
Drainage Master Plan regarding the citywide drainage priority list was prepared as part of
comprehensive asset management approach that would ensure the best use of limited funding;
and
WHEREAS, City staff has been working to complete the work on those locations listed
on the drainage priority list that is separated into the following five priority categories:
Priority I Tier: Frequent flooding and/or high chance of personal injury or
property damage.
Priority 2 Tier: Occasional flooding with a chance of personal injury or property
damage.
Priority 3 Tier: Frequent nuisance flooding.
Priority 4 Tier: Occasional nuisance flooding.
Priority 5 Tier: Frequent or routine maintenance manages problem but a CIP
project could eliminate the problem; and
2014-05-13 Agenda Packet Page 115
Resolution No. 2010-212
Page 2
WHEREAS, in Fiscal Year 200912010, City staff entered into an agreement with The
Rick Engineering Company in order for this consultant to prepare an unbiased evaluation of
Bonita Canyon and Long Canyon, each a Priority 1 Tier canyon; and
WHEREAS, each canyon is located in eastern Chula Vista; and
WHEREAS, Bonita Canyon is located north of Rancho Del Rey Parkway to the
intersection of Bonita Road/Willow Street and the Long Canyon study area is located from the
vicinity of Corral Canyon Road/East H Street to about the area of Canyon Drive/Country Vistas
Drive; and
WHEREAS, the consultant is recommending that the work at Bonita Canyon be
completed first; and
WHEREAS, in order to resolve the erosion issue at Bonita Canyon, it is necessary to
establish a Capital Improvement Program project; and
WHEREAS, in the drainage deficiency list presented to Council in April 2007, Bonita
Canyon repairs were originally estimated at $3,900,000 with a recommendation that further
analysis was needed in order to determine what would ultimately be needed; and
WHEREAS, the work estimate today ranges from about $680,000 to $1,000,000
depending on the number of phases that work is completed in; and
WHEREAS, if Council approves the funding, the design work and environmental review
could begin relatively quickly so that pending construction funding, construction work could
commence sooner; and
WHEREAS, the majority of Bonita Canyon is designated Conservation Area pursuant to
the City of Chula Vista's MSCP SubArea Plan; and
WHEREAS, although more expensive initially, in the long run, completing the project in
one phase becomes the most cost efficient solution and completes the needed work on Bonita
Canyon the quickest; and
WHEREAS, staff's recommendation is to appropriate $150,000 for design and
environmental review on Bonita Canyon; and
WHEREAS, the consultant team of Rick Engineering Company and Helix Environmental
Planning, Inc. have unique knowledge of this project, due to the work performed on their
recently completed Preliminary Assessment Report; and
2014-05-13 Agenda Packet Page 116
Resolution No. 2010-212
Page 3
WHEREAS, due to the urgency of the need for repairs to Bonita Canyon and the cost and
time savings that can be achieved by retaining consultants with familiarity and expertise related
to this project, staff is requesting that Council authorize negotiating terms with the consultant
team of Rick Engineering Company and Helix Environmental Planning, Inc. to perform the
design work and environmental review; and
WHEREAS, staff will bring back as a future action to Council a report on funding
options such as grant funding to fund the construction and mitigation phase of the project
estimated at $530,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby establish a new Capital Improvement Project "Bonita Canyon Repairs" (DR-
189), amend the Fiscal Year 2010/2011 CIP Program and appropriate $150,000 from
unanticipated revenues to the General Fund Non-Departmental CIP budget into a new Capital
Improvement Program project titled "Bonita Canyon Repairs" (DR-189) to fund the engineering
design and environmental review only.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Director of Public Works to negotiate with the consultant team of Rick
Engineering Company and Helix Environmental Planning Inc.
BE IT FURTHER RESOLVED that if the Director of Public Works is unsuccessful in
negotiating a contract with the consultant team, authorize staff to prepare and solicit requests for
proposals for engineering design, environmental review and geotechnical services so the
engineering design and environmental document can be completed by Spring 2011.
Presented by Approved as to form by
f
Richard A. Hop BaJ C. Mie el4 /
Director of Public Works 9fty Attorney ,,
l
2014-05-13 Agenda Packet Page 117
Resolution No. 2010-212
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of August 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
�Lo PC
Cheryl Co Ma or
ATTEST:
kL� 9 XA4-y
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-212 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of August 2010.
Executed this 17th day of August 2010.
-Al4k-4-
Donna R. Norris, CMC, City Clerk
2014-05-13 Agenda Packet Page 118
May 1, 2014
Mr. Roberto Yano, P.E.
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
SUBJECT: CITY OF CHULA VISTA: BONITA CANYON RESTORATION
PROJECT (DESIGN & ENVIRONMENTAL TASKS) (J-16296D)
Dear Mr. Yano:
Rick Engineering Company is pleased to present this proposal to provide professional
engineering services for the subject project. Specifically, this proposal is to provide engineering
support for Wetland Restoration Plan Finalization and the preparation of construction documents
for the Upland and Wetland Restoration Areas.
Helix Environmental will be the environmental consultant to Rick Engineering Company for the
environmental components of this project,but their scope and fee will be discussed in a separate,
attached document(See Attachment `A').
The following summarizes the Rick Engineering Company services proposed under this contract.
SCOPE OF WORK
Task 1: Field Surveyin2
In coordination with the Biologist from HELIX Environmental, Rick Engineering Company will
concurrently be in the field with the Biologist to identify (by stakes) the Streambed/Riparian
Scrub Creation Area(See Attached; Figure 4). This is needed to determine the actual creation
area to be graded. It is anticipated that over 320 cubic yards of excess material will be
excavated.
To prevent existing flows from travelling along the existing edge of the access road and to also
minimize excess material from being hauled off of the project site, the goal will be to elevate and
re-grade the access road. Field surveys will be needed of the existing access road and
surrounding area for this proposed design.
Task 2: Grading Plans and Estimate
Prepare grading plans at 1"= 20 ft. of the Streambed/Riparian Scrub Creation Area and
Elevated/Re-graded Access Road. Contours will be shown at 1-ft. intervals and spot elevations
will be shown as necessary.
2014-05-13 Agenda Packet Page 119
Mr. Roberto Yano, P.E.
May 1, 2014
Page 2 of 6
Also, prepare an Opinion of Probable Construction Costs for the proposed grading work.
Task 3: Construction Storm Water Management Plan
Prepare a Construction Storm Water Management Plan (Form 5504A) based on the
requirements in of the City of Chula Vista Development Services Department. It is assumed
that the construction activity will result in land disturbance of less than one acre, therefore the
project is not subject to the Construction General Permit 2009-0009-DWQ and a Storm Water
Pollution Prevention Plan(SWPPP)will not be required. If the construction activity is equal to or
greater than one acre, a separate scope and fee can be provided for the preparation of a SWPPP.
Provide coordination with the client to obtain information necessary for completion of CSWMP
(i.e. owner information, site information, construction material information, etc.).
The following item may be required, but is not included in the scope of work stated
above. Additional authorization will be required for these services:
• Preparation of a CSWMP Amendment,Weather Triggered Action Plan(WTAP), Sampling
and Analysis Program (SAP), Storm Water Pollution Prevention Plan (SWPPP),Notice of
Intent(NOI), Change of Information (COI), or Notice of Termination (NOT).
Task 4: Environmental Support
Provide Helix Environmental engineering support in the preparation and approval of the required
Upland and Wetland Restoration Plans.
Task 5: Meetings & Coordination
• Attend up to two (2) field meetings. It is anticipated that one of the field meetings will be
prior to the start of the project(w/HELIX).
• Attend (2) office meetings with the City of Chula Vista regarding the project.
• Provide up to 8 total hours of as-needed coordination with the City of Chula Vista.
Task 6: Environmental
Please see attached scope and fee from HELIX Environmental (See Attachment `A').
ESTIMATED FEE
We will perform the above service for a time and materials,not-to-exceed fee of$44,272.00.
Work not specifically described under the scope of work is excluded from this agreement.
Additional services requested by the Client shall be performed on a time and materials basis and
billed per our current schedule of hourly rates.
2014-05-13 Agenda Packet Page 120
Mr. Roberto Yano, P.E.
May 1, 2014
Page 3 of 6
Printing, delivery,mileage, and other miscellaneous reimbursable expenses will be billed on a
time and materials basis as accrued,up to the approved contract amount.
For progress billing purposes, our fees break down as follows:
Proiect Tasks:
1) Task 1: Field Surveying $ 5,130.00
2) Task 2: Grading Plans $ 6,180.00
3) Task 3: Construction Storm Water Management Plan $ 3,042.00
4) Task 4: Environmental Support $ 2,250.00
5) Task 5: Meetings & Coordination $ 5,310.00
6) Task 6: HELIX Environmental Tasks $21,500.00
7) Direct Expenses $ 850.00
Total: $44,272.00
Optional Proiect Tasks:
The following Rick Engineering Company related tasks are dependent on the direction received
from the U.S. Army Corps of Engineers and the City:
A. Hydrologic& Hydraulic Modeling
Prepare hydrologic and hydraulic modeling for up to 2,500 linear feet of the creek and up to 2
tributaries to identify existing floodplain limits, flow velocities and shear forces within the
channel and overbank areas, for the 2-year, 5-year, 10-year, 25-year, and 100-year storm events.
Analyze the same storm events for up to two proposed mitigation grading configurations
including stream re-grading, and/or drop structures.
B. Sediment Transport Modeling
Perform a Site visit to collect existing n-values and up to 5 soil samples. Prepare a Sediment
Transport modeling utilizing Fluvial-12 to assess the sediment transport through the existing
channel as well as the anticipated impacts to short term and long term sediment transport within
the system resulting from up to two proposed mitigation scenarios.
2014-05-13 Agenda Packet Page 121
Mr. Roberto Yano, P.E.
May 1, 2014
Page 4 of 6
C. Riprap/Stabilization Design
Prepare engineering design calculations for stream stabilization measures including bio-
engineered solutions and/or riprap design.
D. Hydraulic Report
Prepare a preliminary hydraulic report summarizing the results of the two investigated mitigation
scenarios.
Prepare a final hydraulic report summarizing the design calculations and findings for the selected
final design mitigation scenario.
E. Additional Meetings & Coordination
Attend four(4)meetings and provide additional coordination/support to the HELIX and the City.
F. Additional Environmental Tasks
HELIX has included the scope and fee for Optional Tasks in the attached document. (See
Attachment `A'.)
G. Additional Civil Design/Grading Plans
lans
If additional work is required downstream of the existing gabion structure, then additional civil
design plans, grading plans and an opinion of probable costs will need to be prepared.
H. Water Quality Applicability Letter
Prepare a letter summarizing the projects compliance with the City of Chula Vista Storm Water
Manual (2011) and supporting the determination that the project is not classified as a priority
development project. Preparation of a Water Quality Technical Report is specifically excluded
from this scope of work.
I. Additional Field Survey
Obtain additional field information for the additional project area as needed. This data will
supplement the topographic contour files provided by the City.
Fees for Optional Project Tasks:
1) Task A: Hydrologic & Hydraulic Modeling $ 9,150.00
2) Task B: Sediment Transport Modeling $10,910.00
3) Task C: Riprap/Stabilization Design $ 4,830.00
4) Task D: Hydraulic Report $10,700.00
5) Task E: Additional Meetings & Coordination/Support $ 7,500.00
2014-05-13 Agenda Packet Page 122
Mr. Roberto Yano, P.E.
May 1, 2014
Page 5 of 6
6) Task F: Additional HELIX Environmental Tasks $15,000.00
7) Task G: Additional Grading Plans and Estimate $10.220.00
8) Task H: Water Quality Applicability Letter $ 1,500.00
9) Task I: Additional Field Surveying $ 3,465.00
10)Additional Direct Expenses $ 2,500.00
Total (Optional Tasks): $ 75,775.00
Fees and expenses will be billed monthly as the work progresses and the net amount shall be due
within thirty (30) days from the date of receipt of the invoice in the Client's office.
EXCLUSIONS:
• Changes in proposed project grading after 1St submittal
• Sediment Transport Modeling
• Environmental permitting or processing beyond coordination
• LID/HMP/WQTR
• Photogrammetrical Services
• Geotechnical
• Structural Analysis/Calculations
• Retaining Wall/Sound Wall Design
• Traffic Design/Analysis
• Landscape and Irrigation
• Utilities
• Right of Way Services
• Bid/Construction Support and Services
• As-Builts
STANDARD PROVISIONS OF AGREEMENT:
The enclosed Standard Provisions of Agreement are incorporated herein and made a part of this
agreement.
2014-05-13 Agenda Packet Page 123
Mr. Roberto Yano, P.E.
May 1, 2014
Page 6 of 6
CONTRACT EXECUTION:
If notice is delayed for any reason beyond sixty (60) days, the parties understand that the terms
and conditions contained herein are subject to revision.
If you would like us to proceed on this work as outlined above, we ask that you please sign and
return this agreement as our written authorization.
If you have any questions regarding this agreement, please feel free to contact me. Thank you
for requesting Rick Engineering Company to provide these services.
Sincerely,
RICK ENGINEERING COMPANY
Edgar Camerino, P.E.
R.C.E.No. 58844, Exp. 06/30/15
Associate Principal
ec:files\16296D\contract\16296D.XXX.doc
Attachments
cc: Mr. Jamal Naji, City of Chula Vista
Mr. Dennis Bowling, Rick Engineering Company
Ms. Roberta Cronquist, Rick Engineering Company
APPROVED:
BY: DATE:
PRINT NAME:
2014-05-13 Agenda Packet Page 124
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CERTAIN ADDITIONAL
SERVICES IN ACCORDANCE WITH ARTICLE I OF THE
EXISTING AGREEMENT DATED NOVEMBER 9, 2010,
APPROVED IN ACCORDANCE WITH COUNCIL
RESOLUTION 2010-263, BETWEEN THE CITY OF CHULA
VISTA AND RICK ENGINEERING COMPANY IN THE
AMOUNT OF $76,000 FOR PREPARING AND PERMITTING
THE ENVIRONMENTAL MITIGATION FOR BONITA
CANYON EMERGENCY REPAIR PROJECT (DR 189)
WHEREAS, on August 17, 2010, in accordance with Resolution No. 2010-212, the City
Council established a new Capital Improvement Project for Bonita Canyon Repairs,project(DR-
189); and
WHEREAS, on November 9, 2010, in accordance with Resolution 2010-263, the City
Council approved an agreement between the City of Chula Vista and the Rick Engineering
Company and Helix Environmental Planning ("RH Team") for professional services for
preparing plans and specifications for the Bonita Canyon Repair Project ("Agreement with RH
Team"); and
WHEREAS, on March 13, 2012, in accordance with Resolution 2012-041, the City
Council appropriated $504,000 from the General Fund Reserve for Fiscal Year 2012 to the
existing Capital Improvement Project DR189, for the construction of the Bonita Canyon repairs,
environmental permitting fees, and for approving certain additional consultant services in
accordance with Article I of the Agreement with RH Team; and
WHEREAS, on March 13, 2012, in accordance with Resolution 2012-041, the City
Council appropriated an additional $514,000 to DR189 for Bonita Canyon environmental
mitigation in the FY2012-13 Capital Improvement Budget; and
WHEREAS, while processing plans for repairing the gabion structure with the Resource
Agencies, Staff applied for an emergency Regional General Permit No. 63 permit (RGP63) from
the Army Corps of Engineers due the vulnerability of the condition of the gabion structure and
the threats of major storms; and
WHEREAS, on December 31, 2012, the Army Corps of Engineers granted the City a
RGP63 permit to reinforce the gabion structure; and
WHEREAS, on January 4, 2013, upon obtaining City Manager's approval and upon
soliciting three informal bids from contractors, staff retained Cass Construction, Inc. to perform
Bonita Canyon Emergency Repair in accordance with provisions in Section 1009 of the City
Charter; and
2014-05-13 Agenda Packet Page 125
Resolution No.
Page 2
WHEREAS, Cass Construction, Inc. completed the emergency repair work on March 27,
2013. As result of completing the emergency work, the potential threat of injury and property
damage has been averted due to the combined efforts of the RH Team, City Staff, and the
Resource Agencies; and
WHEREAS, since the completion of the construction, the RH Team and Staff have
contacted the Resource Agencies on a regular basis to obtain approval of the mitigation phase,
but negotiations with the ACOE have been prolonged due to federal budget issues and due to
disagreement with ACOE over the City's proposed mitigation in the Habitat Mitigation and
Monitoring Plan (HMMP); and
WHEREAS, since the RH Team is familiar with the project conditions and is already
under contract with the City for doing the original repair work, staff recommends that City
Council augment the current contract with the RH Team, so they may continue negotiations with
the ACOE and produce construction drawings and documentation for the environmental
mitigation phase; and
WHEREAS, once the Resource Agencies issue their approval for the environmental
mitigation, staff will follow the Request for Proposals process and return to Council to award
contracts for the construction and implementation of the environmental mitigation and biological
monitoring for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, in accordance with Article I of the Agreement with RH Team, does hereby approve certain
additional services in the amount of$76,000 including contingency and certain optional tasks to
be authorized at Staff's discretion for the preparation of construction drawings and
documentation for the environmental mitigation phase of the Bonita Canyon Emergency Project
(DR189) and to continue negotiation with the Resource Agencies to obtain permits for the same.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-05-13 Agenda Packet Page 126
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0255, Item#: 7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
APPLICATION FOR THE ACTIVE TRANSPORTATION GRANT FOR FISCAL YEAR 2014-15,
CERTIFYING THAT MATCHING FUNDS WILL BE AVAILABLE THEREFOR, AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE IN THE NAME OF THE
CITY OF CHULA VISTA ALL GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO,
APPLICATIONS, AGREEMENTS, AMENDMENTS AND REQUESTS FOR PAYMENTS
NECESSARY TO SECURE GRANT
RECOMMENDED ACTION
Council adopt the resolution
SUMMARY
On September 26, 2013, the Governor signed legislation creating the Active Transportation program
to encourage increased use of active modes of transportation such as bicycling and walking. This
agenda statement is intended to inform Council that staff has prepared several grant applications and
will submit them before the May 21 , 2014 deadline. Should any grant funds be awarded, staff will
return to Council for appropriation to an eligible project(s).
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 governmental administrative
activity consists of a submittal of a grant application for transportation related projects that have not
been fully defined and as such, this action would not 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 fully
defined and the requested grant funding has been received, environmental review will be required
for each project as may be needed and the appropriate environmental determination will be made.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
On September 26, 2013, the Governor signed legislation creating the Active Transportation program
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File#: 14-0255, Item#: 7.
(Senate Bill 99, Chapter 359 and Assembly Bill 101 , Chapter 354) to encourage increased use of
active modes of transportation such as bicycling and walking.
As a requirement of the new legislation, the California Transportation Commission (CTC) recently
adopted guidelines and project selection criteria for its use in administering the program. The Active
Transportation Program (ATP) consolidates existing federal and state transportation programs,
including the Transportation Alternatives Program, Bicycle Transportation Account, and State Safe
Routes to School (SR2S), into a single program and is funded from various federal and state funds
appropriated in the annual Budget Act. The program is being administered by the CTC. Funding will
be awarded in two stages, beginning with a statewide competition in March 2014, followed by a
regional competition in August 2014. Approximately $360 million statewide has been budgeted for
the program over three years, beginning with FY 2014. Fifty percent of the funding ($180 million total,
or $60 million per year) will be competitively awarded for projects selected by the CTC on a statewide
basis. From this portion of the program, a minimum of $24 million per year is available for SR2S
projects, with at least $7.2 million for non-infrastructure grants, including funding for a state technical
assistance resource center.
Forty percent of the funding ($144 million total, or $48 million per year) will be allocated for projects
selected through a competitive regional process by large urban Metropolitan Planning Organizations
(MPOs). The funding distribution to MPOs is based on assumptions included in the approved CTC
2014 ATP Fund Estimate. The estimated funding available for the San Diego region is about $8.7
million in the first year of the program, and $4.3 million for the second year of the program. The
remaining 10 percent of funds will be distributed competitively to small urban and rural regions. In
addition, a minimum of 25 percent of the funds in both the statewide and MPO competitive programs
must benefit disadvantaged communities.
This agenda statement is intended to inform Council that staff would like to apply for the grant funds
before the May 21 , 2014, deadline. It is also intended to authorize the Director of Public Works or his
designee the power to execute in the name of the City of Chula Vista all grant documents, including
but limited to, applications, agreements, amendments and requests for payments, necessary to
secure grant funds and implement the approved grant project, if awarded.
The following infrastructure grant applications will be submitted:
1 . Industrial Blvd bike lanes and sidewalk improvements.
2. Cook Elementary School Pedestrian Safety Improvements.
3. Kellogg Elementary School Pedestrian Safety Improvements.
4. Lauderbach Elementary School Pedestrian Safety Improvements.
For the Infrastructure Grant:
City staff will be submitting grant applications to complete missing street improvements on Industrial
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istar
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File#: 14-0255, Item#: 7.
Blvd from Ada Street to Main Street ($800,000). Over the years, the city has received several grants
that have helped complete the street improvements on Industrial Blvd. This grant will request funds
for the existing infrastructure gaps. If this grant is approved, it will complete Industrial Blvd sidewalk,
pedestrian ramps and bicycle lane improvements from Moss Street to Main Street.
For the Chula Vista Elementary School pedestrian improvements grant application, the following
improvements are being proposed and their estimated costs:
Cook Elementary School ($400,000): raised medians along portion of school frontage on Cuyamaca
Avenue, new crosswalks, sidewalk bulb-outs, improved signage and crosswalk markings and a
replacement traffic signal at East L Street/Cuyamaca Avenue with pedestrian ramps. Bicycle routes
will also be provided on nearby corridors to the school.
Kellogg Elementary School ($250,000): raised medians along portion of school frontage at parking lot
driveway, new crosswalks, sidewalk bulb-outs, improved signage, crosswalk markings and
pedestrian ramps. Bicycle routes will also be provided on nearby corridors to the school. Additional
lighting will be funded out of existing CIP project TF345 "Traffic Calming Program" since it is not an
eligible expense.
Lauderbach Elementary School ($600,000): along Palomar Street at several locations new sidewalk,
crosswalk markings, improved signage, pavement markings and pedestrian ramps. Bicycle routes
will also be provided on nearby corridors to the school.
For the Non-Infrastructure Grant:
F Street Promenade Study from Third Avenue to Bay Blvd ($518,000).
The grant application is to develop a Streetscape Master Plan for an approximately 1.25 mile long
segment of F Street from Third Avenue to Bay Boulevard. The project will create a plan for a
"Promenade" that will link the City's downtown Village District and Civic Center with the City's
Bayfront. The Streetscape Plan would be a "complete street" with a full range of convenient and safe
access linkages, by car; transit; bicycle; or on foot to accommodate residents, school children and
visitors. The need for a Streetscape Plan along this segment of F Street is identified in both the
City's General Plan and further described as an implementation project in the Urban Core Specific
Plan.
The F Street Promenade Streetscape Master Plan estimate is $491,000 which will cover staff and
consultant costs in preparing the Streetscape Master Plan and preliminary construction drawings. A
local match of approximately $27,000 will cover supplies and materials for four community outreach
meetings and production of preliminary construction drawings. The F Street Promenade Streetscape
Master Plan will provide for street and sidewalk improvements along F Street, between Fourth
Avenue and Interstate 5, including the addition of bike lanes, lighting, and a unified planting and
Street Tree concept for the parkways.
DECISION-MAKER CONFLICT
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2014-05-13 Agenda Packet Page 129
File#: 14-0255, Item#: 7.
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, and has not been informed by any Council member, of any other fact that may
constitute a basis for a decision maker conflict of interest in this matter.
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 grant
applications support the Strong and Secure Neighborhood strategy in the City's Strategic Plan. It
provides funding for planning for new infrastructure and for construction of rehabilitating and/or
constructing new public infrastructure, which is a key City function in providing a safe and efficient
transportation system for residents, businesses and visitors.
CURRENT YEAR FISCAL IMPACT
There is no impact to the General Fund. If a grant is awarded, staff will return to Council with a
recommendation to accept and appropriate the grant funds. No local match is required for the
infrastructure grants. For the non-infrastructure grant, the local match will be identified if the grant is
awarded.
ONGOING FISCAL IMPACT
None
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2014-05-13 Agenda Packet Page 130
Resolution No.
Page 1
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR THE
ACTIVE TRANSPORTATION GRANT FOR FISCAL YEAR
2014-15, CERTIFYING THAT MATCHING FUNDS WILL BE
AVAILABLE THEREFOR, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO
EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA
ALL GRANT DOCUMENTS, INCLUDING BUT NOT
LIMITED TO, APPLICATIONS, AGREEMENTS,
AMENDMENTS AND REQUESTS FOR PAYMENTS
NECESSARY TO SECURE GRANT
WHEREAS, the City Council adopted a comprehensive update of the City of Chula Vista
Bikeway Master Plan and Pedestrian Master Plan; and
WHEREAS, On September 26, 2013, the Governor signed legislation creating the Active
Transportation program to encourage increased use of active modes of transportation such as
bicycling and walking; and
WHEREAS, as a requirement of the new legislation, the California Transportation
Commission (CTC) recently adopted guidelines and project selection criteria for its use in
administering the program and the Active Transportation Program (ATP) consolidates existing
federal and state transportation programs, including the Transportation Alternatives Program,
Bicycle Transportation Account, and State Safe Routes to School (SR2S), into a single program
that is funded from various federal and state funds appropriated in the annual Budget Act; and
WHEREAS, the Active Transportation Program is being administered by the California
Transportation Commission. Approximately $360 million statewide has been budgeted for the
program over three years,beginning with FY 2014; and
WHEREAS, fifty percent of the funding ($180 million total, or $60 million per year)will
be competitively awarded for projects selected by the CTC on a statewide basis. From this
portion of the program, a minimum of$24 million per year is available for SR2S projects, with
at least $7.2 million for non-infrastructure grants, including funding for a state technical
assistance resource center; and
WHEREAS, staff would like to apply for the grant funds before the May 21, 2014
deadline; and
WHEREAS, if the grant is awarded, this Resolution is also intended to authorize the
Director of Public Works or his designee the power to execute in the name of the City of Chula
Vista all grant documents, including but limited to, applications, agreements, amendments and
requests for payments,necessary to secure grant funds; and
2014-05-13 Agenda Packet Page 131
Resolution No.
Page 2
WHEREAS, the following infrastructure grant applications will be submitted:
I. Industrial Blvd bike lanes and sidewalk improvements.
2. Cook Elementary School Pedestrian Safety Improvements.
3. Kellogg Elementary School Pedestrian Safety Improvements.
4. Lauderbach Elementary School Pedestrian Safety Improvements; and
WHEREAS, for the non-infrastructure grant one application will be submitted for the F
Street Promenade Study from Third Avenue to Bay Blvd; and
WHEREAS, the infrastructure grants do not require matching funds for eligible grant
items of work; and
WHEREAS, staff proposes to contribute approximately $27,000 in local match funding
in order to cover supplies and materials for 4 community outreach meetings and production of
preliminary construction drawings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the submittal of Fiscal Year 2014-15 Active Transportation Program (ATP) grant
applications for various bicycle and pedestrian improvements in western Chula Vista, certifies
that matching funds are or will be available therefor, and authorizes the Director of Public Works
or his designee to execute all grant documents necessary to secure the grants.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-05-13 Agenda Packet Page 132
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0234, Item#: 8.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN
AGREEMENT WITH PROS CONSULTING, LLC TO PREPARE A COST RECOVERY, RESOURCE
ALLOCATION AND REVENUE ENHANCEMENT STUDY FOR THE CITY'S RECREATION FEES
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In an effort to continually improve and enhance services and overall organizational effectiveness, the
Recreation Department solicited competitive proposals from qualified firms to conduct a Cost
Recovery, Resource Allocation and Revenue Enhancement Study including an analysis of pricing,
operational strategies and working methodologies for the Recreation Department. The
comprehensive review and analysis will assist the Recreation Department in refining its service
delivery and financial management philosophy to enhance and/or sustain services over both the
short and long term.
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 of California CEQA Guidelines because the activity
consists of a governmental administrative/fiscal activity that will not result in direct or indirect physical
changes in the environment. Therefore, pursuant to Section 15060(c)(3) of the State of California
CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The comprehensive review of the City ' s Master Fee Schedule currently underway identified the need
for additional analysis of Recreation fees. The Citywide Cost Recovery Policy has established an
overall cost recovery goal for recreation programs of 30-70% cost recovery. Updating fees and
charges requires updating the City ' s Master Fee Schedule and associated policies. An analysis
needs to be conducted to determine current cost recovery, core services, and revenue sources. This
analysis has become a key trend in the recreation and parks profession of municipal agencies in an
effort to improve and enhance services and overall effectiveness of departments.
In February, the Director of Recreation received three proposals to provide a Cost Recovery,
Resource Allocation and Revenue Enhancement Study. The following proposals were received:
Matrix Consulting Group ($22,000), GreenPlay, LLC ($44,253) and PROS Consulting LLC ($64,570).
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2014-05-13 Agenda Packet powered by Leg age 133
File#: 14-0234, Item#: 8.
Each proposal was evaluated by a team of City staff, which included members from both the Finance
and Recreation Departments. All three contractors were invited to participate in an oral interview to
review their proposals. It is the recommendation of staff to award the study to PROS Consulting
LLC.
From the submittal of their proposal and through the interview process, PROS Consulting actively
demonstrated to City staff their competence and understanding of the Study objectives. PROS
Consulting was able to demonstrate to City staff the goals and outcomes the Study will achieve under
its guidance, including:
• identifying costs of operations and organizational sustainability;
• engaging the community;
• community needs are defined based on values of the changing demographics and market
factors;
• opportunities are identified to enhance and leverage the financial resources of the City of
Chula Vista in providing recreation facilities and services;
• teach and train staff to think in an outcome-driven and business-minded approach;
• develop a prioritized decision-making roadmap supported by a logical resource allocation
model and pricing strategies; and
• develop a dynamic and realistic action plan to recover costs and generate revenue.
Pros Consulting best demonstrated the ability to conduct effective stakeholder outreach, identify
opportunities for revenue enhancement strategies, provide benchmark analysis, and education. Staff
believes that PROS Consulting has the technical skills and experience needed to prepare a legally
defensible cost recovery, resource allocation and revenue enhancement program.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2
(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed
by any City Council member, of any other fact that may constitute a basis for a decision maker
conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Recreation
Department is excited about this opportunity for a Cost Recovery, Resource Allocation and Revenue
Enhancement Study, as this Study will identify opportunities to improve and enhance services and
overall organizational effectiveness (Operational Excellence), improve the financial sustainability of
the Recreation Department (Economic Vitality), evaluate resources and partnership opportunities to
provide diversified activities for all to promote healthy lifestyles (Healthy Community), educate the
community on recreational opportunities (Strong and Secure Neighbors) and involve community
engagement through meetings with community members and partners (Connected Community).
CURRENT YEAR FISCAL IMPACT
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2014-05-13 Agenda Packet Page 134
File#: 14-0234, Item#: 8.
The Recreation Department has identified one-time savings in their fiscal year 2013-14 budget that
can be used for the Cost Recovery, Resource Allocation, and Revenue Enhancement Study.
Therefore, no appropriations are being requested at this time.
ONGOING FISCAL IMPACT
Upon completion of the Study, full costs to provide and maintain recreation facilities, programs and
services will be identified. This information will support the efficient use of resources and effective
cost recovery and revenue generation programs. We anticipate long term positive fiscal impacts with
the implementation of the recommendations of the study. Revisions to the City's Master Fee
Schedule for recreation programs and facility rentals to effect changes in cost recovery and revenue
generation will be brought to Council for consideration at the conclusion of the study.
ATTACHMENTS
Resolution
Two-Party Agreement
Contractor's Disclosure Statement
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2014-05-13 Agenda Packet Page 135
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH PROS
CONSULTING LLC TO PREPARE A COST RECOVERY,
RESOURCE ALLOCATION AND REVENUE
ENHANCEMENT STUDY FOR THE CITY'S RECREATION
FEES
WHEREAS, In an effort to continually improve and enhance services and overall
organizational effectiveness, the Recreation Department solicited competitive proposals from
qualified firms to conduct a Cost Recovery, Resource Allocation and Revenue Enhancement
Study, including an analysis of pricing, operational strategies and working methodologies for the
Recreation Department; and
WHEREAS, The comprehensive review and analysis will assist the Recreation
Department in refining its service delivery and financial management philosophy to enhance
and/or sustain services over both the short and long term; and
WHEREAS, The Recreation Department does not currently have a specific mandated
cost recovery or specific percentages per recreation programs and services, other than a guidance
of a 30% to 70% cost recovery; and
WHEREAS, An analysis needs to be conducted to factually determine current market
status of cost recovery, core services, and revenue sources; and
WHEREAS, In February, the Director of Recreation received three proposals to provide a
Cost Recovery, Resource Allocation and Revenue Enhancement Study and all three contractors
were invited to participate in an oral interview to review their proposals; and
WHEREAS, City staff determined that Pros Consulting best demonstrated the ability to
balance effective stakeholder outreach, opportunities for revenue enhancement strategies,
benchmark analysis, and education with the technical skills and experience needed to prepare the
necessary cost recovery,resource allocation and revenue enhancement program; and
WHEREAS, City staff recommends that the City enter into an agreement with PROS
Consulting to perform the specified services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the "Agreement Between City of Chula Vista and Pros Consulting LLC to
Provide A Cost Recovery, Resource Allocation and Revenue Enhancement Study," 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, and authorizes and directs the
Mayor to execute same.
2014-05-13 Agenda Packet Page 136
Presented by Approved as to form by
Kristi McClure Glen R. Googins
Director of Recreation City Attorney
2014-05-13 Agenda Packet Page 137
Agreement between
City of Chula Vista
and
PROS Consulting,LLC
To Provide A Cost Recovery,Resource Allocation and Revenue Enhancement Study
This agreement (Agreement), effective June 2, 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 b, (Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, In an effort to continually improve and enhance services and overall
organizational effectiveness, the Recreation Department solicited competitive proposals from
qualified firms to conduct a Cost Recovery, Resource AIlocation and Revenue Enhancement
Study including an analysis of pricing, operational strategies and working methodologies for the
Recreation Department; and
WHEREAS, the comprehensive review and analysis will assist the Recreation
Department in refining its service delivery and financial management philosophy to enhance
and/or sustain services over both the short and long term; and
WHEREAS, The Recreation Department does not currently have a specific mandated
cost recovery or specific percentages per recreation programs and services, other than a guidance
of a 30%to 70% cost recovery; and
WHEREAS, An analysis needs to be conducted to factually determine current market
status of cost recovery, core services, and revenue sources; and
WHEREAS, In February,the Director of Recreation received three proposals to provide a
Cost Recovery, Resource Allocation and Revenue Enhancement Study and all three contractors
were invited to participate in an oral interview to review their proposals. It is the
recommendation of staff to award the study to PROS Consulting; 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.
fEnd of Recitals. Next Page Starts Obligatory Provisions.]
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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 1 O(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.
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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
i. 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 raider 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&Q. 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:
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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 sell-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 add.itionaI 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
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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. 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
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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 Obli atg ions. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
11.Additional Coveral~e. 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.trcas.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
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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 Il. 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
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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 ConsuItant's duties under this Agreement.
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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.
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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, Ioss, 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
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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.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.
S. 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 tennination. Consultant hereby
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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 VIlI. 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."
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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.
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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 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
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.)
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Signature Page
to
Agreement between
City of Chula Vista and
PROS Consulting,LLC
To Provide A Cost Recovery,Resource Allocation and Revenue Enhancement Study
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
PROS Consulting, LLC
By: CX,Gn
eon Younger
President
Exhibit List to Agreement: Exhibit A
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Exhibit A
to
Agreement between
City of Chula Vista
and
PROS Consulting, LLC
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
O 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
Chula Vista, CA 91910
4. Consultant:
PROS Consulting, LLC
5. Business Form of Consultant:
( ) Sole Proprietorship
O Partnership
( ) Corporation
(X)Limited Liability Company
6. Place of Business, Telephone and Fax Number of Consultant:
PROS Consulting, LLC, 201 South Capitol Avenue, Suite 505, Indianapolis, Indiana 46335
Telephone: (877)2427760 and Fax: (877) 242-7761
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7. General Duties:
The contractor will implement a phased process that will result in organizational sustainability
through a logical resource allocation model and pricing strategies and methods. The objectives
of the study are to become familiar with mission of the Recreation Department, Citywide
Strategic Plan/Goals, communities served including current programs and facilities,their revenue
sources and marketing strategies. Then the consulting firm will conduct an extensive public
involvement to vet or redefine community values and issues leading to the Recreation
Department's vision. When the data has been gathered it must be analyzed and presented in a
clear and concise final report including a comprehensive plan of implementation and action steps
to achieve financial goals.
S. Scope of Work and Schedule:
Task 1 - Situational Assessment
The consultant shall coordinate a kick-off meeting attended by the key City staff, and the
consultant members to confirm project goals, objectives, and expectations that will help guide
actions of outcome expectations. The consultant shall review all organization data and other
operating statistics to assist with the formulation of the cost of service analysis. The consultant
shall conduct an on-site assessment of existing facilities and program offerings and provide a
governance analysis of functions in the overall structure with recommendations on how to
operate in the most effective and efficient manner. The consultant shall deliver progress reports
to the City on a monthly basis and be in close and constant contact with City designated project
coordinator throughout the performance of the project.
Task 2 -Financial Review and Cost of Service Modeling
The consultant shall develop a financial model based on the organization data to be used to
document and evaluate current and proposed pricing and earned income strategies. The
consultant shall incorporate budgetary information to demonstrate the impacts of pricing
scenarios on cost recovery from user fees and charges. The consultant shall provide a financial
and fee model template and instructional training to staff model development processes.
The consultant shall provide a financial analysis of the budget, pricing policy, legislative
authorities, user fees, current and other revenue generating opportunities, grant opportunities,
and the revenue forecast. The consultant will identify the financial situation with three primary
goals:
• Understand the financial dynamics to further advance the understanding of operations
gained through the work described above
• Review funding and accounting practices with an objective of accurate financial fund
tracking and the ability of the Recreation Department to have more useful financial
information for strategic decision-making
• Seek opportunities to improve the financial sustainability of the Recreation Department
including evaluating expenditures and increasing current and new sources of revenue
The consultant shall review current financial policies and underlying legislative authorities
related to revenue activities. This review should include a comparison of current policies with
national standards of best practice agencies and recommendations of policies and adjustments to
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current policies where enhancements may be needed or gaps are identified. In addition to the
financial policies, the Consultant shall review existing operational policies that have financial
impacts and constraints as it relates to all areas of operations including maintenance
management, cost recovery, partnerships, program development and service levels.
The consultant shall assess the cost of service and revenue recovery for the Recreation
Department. The consultant shall provide a cost of service for revenue producing programs and
revenue producing facilities. The City may select the components they would. like evaluated for
the cost of service. The consultant shall develop and deliver the cost of service model to the
Recreation Department when the project is completed. The consultant shall conduct staff
training with key Recreation Department staff during the model development processes. The
model will be available for staff to complete the cost of service analysis for maintenance,
programs and facilities not included in this project for the future.
Task 3 -Pricing Policy and Strategy
The consultant shall perform focus groups and key leadership interviews with community to
evaluate their vision for recreation in the City of Chula Vista community. The consultant shall
conduct eight (S) focus group meetings and one day of key leadership interviews (up to 10) will
be held over a two-day period. The consultant will gain an understanding of the community
values, as well as determine the priority for recreation facilities and programming needs of the
Recreation Department, as well as pricing and cost recovery.
The consultant shall conduct a total of three (3) public forums: two (2) public forums to
introduce the project and project goals, gain input for the community's vision and core values for
the City's Recreation Department, and one (1) as a final briefing and input opportunity on the
draft plan. The public forums will educate the public on the opportunities, benefits, and
constraints of the City's recreation system as it relates to cost recovery and pricing.
The consultant shall develop the Pricing Policy and Pricing Strategies (using information
developed in Task 1 and Task 2). The consultant will work with City staff on developing the
Pricing Policy based on the values of the City's community and of the City Council and staff.
The consultant shall provide pricing strategies and communication techniques for each service
involved in the pricing policy, including a scholarship funding policy.
The consultant shall provide revenue enhancement strategies based in part upon the review and
analysis of the facilities the Recreation Department manages. These strategies may include, but
not be limited to:
• Fees and charges
• Programs and services
• Endowments/grants/Non-profits
• Sponsorships
• Partnerships
• Concession operations/opportunities
• New or enhanced facility development options and cost estimates
•Marketing of the system
• Concession operations
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• Contracting options to avoid operation losses
Task 4 -Final Cost Recovery, Resource Allocation and Revenue
The consultant shall prepare a draft Plan with findings and recommendations taking into account
all analysis performed that will consider the fiscal and operational impacts to the Chula Vista
Recreation Department. The consultant shall gather all information analyzed throughout the
project to culminate into an implementation plan and training workshop that will include the
following tasks and elements:
• Functional Organizational Structure Development — Using a business-oriented approach
with integration of industry best management practices, the consultant shall assess the
feasibility of the realignment of organization structure to create more efficiency. The
consultant shall help enhance the organizational infrastructure through a more efficient
design where appropriate.
• Final Plan Production and Presentations — The consultant shall prepare a draft Cost
Recovery, Resource Allocation and Revenue Enhancement Study taking into account all
analysis performed. The consultant shall provide summary of general/system-wide
recommendations to be assembled within the final plan in a concise and logical manner.
The consultant shall process the final plan to include the completion of a draft report,
review and revisions in coordination with City staff, and submission of a final report. The
consultant shall deliver up to two presentations of the final report and meet with City
staff leadership. The consultant shall provide ten (10) hard copies and a digital copy of
the final plan once all editing is completed.
B. Date for Commencement of Consultant Services:
(X)Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliv crab le No. 1: Task I - Situational Assessment—8/8/2014
Deliverable No. 2: Task 2 -Financial Review and Cost of Service Modeling- 10/8/2014
Deliverable No. 3: Task 3 -Pricing Policy and Strategy-- 12/8/2014
Deliverable No. 4: Task 4 - Final Cost Recovery, Resource Allocation and Revenue
Enhancement Study—2/10/2015
D. Date for completion of all Consultant services: February 27, 2015
9. Materials Required to be Supplied by City to Consultant: None
10. Compensation:
A. ( } Single Fixed Fee Arrangement.
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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
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
I Task 1 - Situational Assessment $ 740
2. Task 2 -Financial Review and Cost of Service $ 21,050
Modeling
3 Task 3 -Pricing Policy and Strategy $23,140
4. Task 4 -Final Cost Recovery, Resource $12,640
Allocation and Revenue Enhancement Study
{ ) 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
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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 perforrllance 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
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.
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Cost or Rate
{ ) Reports, not to exceed $ $
{ ) Copies, not to exceed $ $
( } Travel, not to exceed$ $
( } Printing,not to exceed $ $
O Postage,not to exceed$ $
O Delivery, not to exceed $ $
O Outside Services: $
( ) Other Actual Identifiable Direct Costs: $
not to exceed $ $
not to exceed$ $
12. Contract Administrators:
City: Kristi McClure,Director of Recreation
276 Fourth Avenue, Building C, Chula Vista, CA 91910
(619) 585-5618
kmeclureAchulavistaca.goy
Consultant: Neelay Bhatt, Vice President of PROS Consulting LLC
201 South Capitol Avenue, Suite 505, Indianapolis, Indiana 46335
(740) 591-0225
neelay.bhatt@prosconsulting.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.
O FPPC Filer
O 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.
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( ) 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.
{ } 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:
15. { ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
{ } Monthly
{ ) Quarterly
(X) Other: Each deliverable task
B. Day of the Period for submission of Consultant's Billing:
O First of the Month
( ) 15th Day of each Month
O End of the Month
(X) Other:At completion of each deliverable task
C. City's Account Number: 17100-6301
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18. Security for Performance
( } Performance Bond, $
( } Letter of Credit, $
O 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:
( ) 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.
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CITY of ,
CHU A V151"A �
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ATTACHMELNT A
DISCLOSURE STATEMENT
Pursuant to City Council Policy 141-01,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 interests,payments, and i
campaign contributions must be filed.The following information must be disclosed:
1. List the flames of all persons having a financial interest in the project that is
the subject of the application, project or contract (e.g., owner, applicant,
coxrtractor,subcontractor,material supplier).
NONE
s
2, If any persoe identified in section 1. above is a corpoxation or partnership,
list the names of all individuals with an investment of$2000 or mote in the
business(corporation/partnership)entity.
b
Q
D
D .
D
2014-05-13 Agenda Packet Page 162
I
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RFP PIO-13114 Page 28
i
QN OF
CI- UAVISYA
3. If any person` identified in section 1. above is a non-profit organization or f
trust, list the names of aray person who is the director of the non-profit f
organization or the navies of the trustee,beneficiaq and trustor of the tLList.
I
E t�
4. Please identify every person, including any agents, employees, consultants, or
independent contractors, whole you have authorized to represent you before f
the City in this matter.
A
f�
Attachment A Disclosure Statement Page 2
I
5, Has any person* identified in 1., 2., 3., 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 X
NO f
c�
c�
If Yes, briefly describe the nature of the financial interest the official" may c�
have in this contract, t�
6. Has any person* anyone identified in 1., 2., 3., or 4., above, or otherwise �
associated with this contract, project or application, made a campaign
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? _ �
2014-05-13 Agenda Packet Page 163W
RFP PI4-13114 Page 29
My
CHULA V OF
ISM
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
twelve. (12) montlis? (This includes any payment that confers a personal
benefit on the recipient, a rebate or discount in the price of anything of value,
P, money to retire,a legal debt, gift,loan,etc.)Yes —No–X
01 If Yes,which official" and what was the nature of item provided?
01
0;1
Attachment A-Disclosure Statement–Page 3
8. Has any person* identified in L, 1, 3., or 4., above,or otherwise associated with
this contract,project or application, been a source of hicon-le. of$500 or more to
all official" of the City of Chula Vista in the past twelve (12) months?
pj Yes No X
If Yes,identify the official" and the nature of the income provided?
pj
Date: 2/20/2014
Signature of Contractor/Applicant
L)
Leon Younger,President
Print or typo name of Contractor/Applicant
2014-05-13 Agenda Packet Page 164
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0298, Item#: 9.
Presentation by the Police Officers Association (POA) regarding the City's Finances
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0299, Item#: 10.
Consideration of appointment of a voting delegate and alternate for the 2014 Annual League of
California Cities Conference, to be held in Los Angeles September 3-5.
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2014-05-13 Agenda Packet powered by Leg age 166
LEAGUE 1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
OF CALIFORNIA www.cacities.org
CITIES
Council Action Advised by July 31,2014
May 1, 2014
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference—September 3 -5, Los Angeles
The League's 2014 Annual Conference is scheduled for September 3 - 5 in Los Angeles. An
important part of the Annual Conference is the Annual Business Meeting (at the General
Assembly), scheduled for noon on Friday, September 5, at the Los Angeles Convention Center. At
this meeting, the League membership considers and takes action on resolutions that establish
League policy.
In order to vote at the Annual Business Meeting,your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to the League's office
no later than Friday,August 15,2014. This will allow us time to establish voting
delegate/alternate records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your y clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. To register for the conference,please go to our website:
www.cacities.org. In order to cast a vote, at least one voter must be present at the
-over-
2014-05-13 Agenda Packet Page 167
Business Meeting and in possession of the voting delegate card. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates,but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together,they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Los Angeles
Convention Center,will be open at the following times: Wednesday, September 3, 9:00 a.m.—
5:30 p.m.; Thursday, September 4, 7:00 a.m.—4:00 p.m.; and Friday, September 5, 7:30-10:00
a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday,but will be
closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, August 15. If you have questions,please call Karen Durham at
(916) 658-8262.
Attachments:
• 2014 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
2014-05-13 Agenda Packet Page 168
1400 K Street, Suite 400 • Sacramento, California 95814
LEAGUE
Phone: 916.658.8200 Fax: 916.658.8240
OF CALIOIA
L. CIT F I E M
S www.cacities.org
Annual Conference Voting Procedures
2014 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference,each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates,may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city's voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk,may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote,a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates,but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting,individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute,the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
2014-05-13 Agenda Packet Page 169
LEAGUE
1 CITY:
OF CITIES
2014 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday,August 15,2014.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting(General Assembly),voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative,the Mayor or City Clerk may sign this form,affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals(voting delegates and
alternates)who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1.VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE -ALTERNATE 3.VOTING DELEGATE -ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Mayor or City Clerk Phone:
(circle one) (signature)
Date:
Please complete and return by Friday,August 15,2014
League of California Cities FAX: (916) 658-8220
ATTN: Karen Durham E-mail: kdurham @cacities.org
1400 K Street, 4th Floor (916) 658-8262
Sacramento, CA 95814
2014-05-13 Agenda Packet Page 170
City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0296, Item#: 11.
COUNCILMEMBER SALAS: Discussion and potential action regarding the formation of an ad-
hoc committee comprised of Councilmember Salas and Deputy
Mayor Aguilar for the purposes of continuing to work on water
issues and identifying opportunities to give presentations on
water issues to the public.
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2014-05-13 Agenda Packet Page 171
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0276, Item#: 12.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (a)
City of Chula Vista v. Bay& E, Inc., et al., San Diego Superior Court, Case No. 37-2013-00055103-
CU-MC-CTL.
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0294, Item#: 13.
PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957
(b)
Title: City Manager
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