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2014-09-09 Agenda Packet
I dec�are under penalty of perjury that I am amployed by the City of Chula Vista in the Office of the City Cferk and that I posted this document on the builetin board according to Brown Act requirements. —,�"'_'�-�- ��r-�°�_;�f-�l: Dated �/ y �� Signed �2 "_ .=�. �.'- _ :�.�°_ �� l' � _�.-� ,4�=�' --"��� .s= .., — -;.-.,�� - '�•' - cm oF -. � '�`.:>' . . � � - CHULA VISTA aX ' ' '-`'q`� y-a3`' ��r::..�':'•.1..,�. �Y' -oSx 6 O / — �O�I�l,�/�-�"`� � Cheryl Cox, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney Rudy Ramirez, Councilmember ponna R. Norris, City Clerk Mary Salas, Councilmember Tuesday, September 9, 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. 14-0506 OATHS OF OFFICE Julio Fuentes and Gabriel Gutierrez, Planning Commission B. 14-0481 PRESENTATION OF A PROCLAMATION TO KRISTINE WUNDER, CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR C. 14-0491 PRESENTATION OF A PROCLAMATION TO ALTRUSA INTERNATIONAL INC. COMMUNITY SERVICE COMMITTEE CHAIR GLENDA HOGG AND LONGTIME LITERACY VOLUNTEER TUTOR PAULA TSCHAUNER PROCLAIMING SEPTEMBER 2014 AS ADULT IITERACY AWARENESS MONTH IN CHULA VISTA City o/Chu/a Visfa Page 1 Pnnred on 4�NY071 City Council Agenda September 9,2014 D. 14-0513 PRESENTATION BY DEPUTY FIRE CHIEF JAMES GARCIA, OF EMPLOYEE OF THE MONTH CHRIS SCOTT, EMS COORDINATOR CONSENT CALENDAR (Items 1 - 12) 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. 14-0511 APPROVAL OF MINUTES of August 5, 12, and 14, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0505 WRITTEN COMMUNICATIONS A. Letter of resignation from Julio Fuentes, Safety Commission B. Letter of resignation from Gabe Gutierrez, Safety Commission Staff Recommendation: Council accept the resignations. 3. 14-0389 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) Department: Public Works Department Staff Recommendation: Council place the ordinance on first reading. 4. 14-0405 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM MACY'S "HEART YOUR PARK" PROGRAM IN THE AMOUNT OF $250 FOR PARK IMPROVEMENTS AT MEMORIAL PARK AND $300 FOR PARK IMPROVEMENTS AT WINDING WALK PARK AND AMENDING THE FISCAL YEAR 2014/2015 PARK MAINTENANCE BUDGET TO APPROPRIATE SAID DONATED FUNDS (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 2 Printed on 91412014 2014-09-09 Agenda Packet Page 2 City Council Agenda September 9,2014 5. 14-0426 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY AND INFRASTRUCTURE ENGINEERING CORPORATION (IEC) FOR TRAINING CITY STAFF ON REVISING AND EVALUATING THE HYDRAULIC MODEL USED IN THE WASTEWATER MASTER PLAN UPDATE Department: Public Works Department Staff Recommendation: Council adopt the resolution. 6. 14-0447 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND I LOVE A CLEAN SAN DIEGO FOR TWO ADDITIONAL YEARS WITH FOUR, ONE-YEAR OPTIONS Department: Public Works Department Staff Recommendation: Council adopt the resolution. 7. 14-0469 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 1-HOUR TIME LIMITED PARKING ZONE ALONG THE WEST SIDE OF SILVAS STREET IN FRONT OF 2620 MAIN STREET (FIRST READING) Department: Public Works Department Staff Recommendation: Council place the ordinance on first reading. 8. 14-0474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH WEBCOR BUILDERS AND TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF ORANGE PARK (CIP PR316) LOCATED ON FOURTH AVENUE IN WESTERN CHULA VISTA Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 3 Printed on 91412014 2014-09-09 Agenda Packet Page 3 City Council Agenda September 9,2014 9. 14-0492 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMMUNITY IDENTIFICATION CONTENT ON PALOMAR STREET BRIDGE OVER INTERSTATE 805 AND AMENDING THE MAINTENANCE AGREEMENT TO ENSURE CITY MAINTENANCE RESPONSIBILITY OF THE COMMUNITY IDENTIFICATION CONTENT Department: Public Works Department Staff Recommendation: Council adopt the resolution. 10. 14-0507 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PARTICIPATION OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 TO PURCHASE VEHICLES FROM NATIONAL AUTO FLEET GROUP Department: Police Department Staff Recommendation: Council adopt the resolution. 11. 14-0508 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $600,000 FROM AVAILABLE BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR POLICE RADIOS (4/5 VOTE REQUIRED) Department: Police Department Staff Recommendation: Council adopt the resolution. 12. 14-0510 RESOLUTION 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) Department: Finance Department Staff Recommendation: City Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. City of Chula Vista Page 4 Printed on 91412014 2014-09-09 Agenda Packet Page 4 City Council Agenda September 9,2014 PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. 14-0460 CONSIDERATION OF THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY (FIRST READING) Department: Development Services Department Staff Recommendation: Council conduct the public hearing and place the ordinance on first reading. 14. 14-0494 CONSIDERATION OF A CITY-SPONSORED TECHNICAL CORRECTION AMENDMENT TO GENERAL PLAN ENVIRONMENTAL ELEMENT POLICY E6.4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TECHNICAL CORRECTION AMENDMENT TO POLICY E6.4 OF THE CHULA VISTA GENERAL PLAN ENVIRONMENTAL ELEMENT Department: Development Services Department - Advance Planning Division Staff Recommendation: Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 5 Printed on 91412014 2014-09-09 Agenda Packet Page 5 City Council Agenda September 9,2014 15. 14-0479 CONSIDERATION OF ALL WRITTEN PROTESTS AGAINST THE PROPOSED RATE ADJUSTMENTS AND RATE ADJUSTMENT FORMULA FOR GENERAL SERVICE RATES FOR SOLID WASTE SERVICES AND THE MARKET ADJUSTMENT FORMULA FOR LARGE QUANTITY GENERATOR TRASH, RECYCLING AND GREEN WASTE RATES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE MAJORITY PUBLIC PROTEST PROCESS FOR SOLID WASTE GENERAL SERVICE RATES AND APPROVING THE SOLID WASTE SERVICE RATE ADJUSTMENTS FOR A FIVE YEAR PERIOD, BEGINNING IN 2014, PURSUANT TO THE APPROVED CONTRACT FORMULAS Department: Public Works Department Staff Recommendation: Council conduct the public hearing, receive the results of the public protest process, and if written protests have not been submitted for a majority of the parcels, adopt the resolution accepting the results and approving the rate adjustments. CITY MANAGER'S REPORTS MAYOR'S REPORTS 16. 14-0519 RATIFICATION OF APPOINTMENTS OF MARYANN HERNANDEZ TO THE BOARD OF LIBRARY TRUSTEES, AND CHERYL PEREZ AND KRISTINE WUNDER TO THE VETERANS ADVISORY COMMISSION COUNCILMEMBERS' COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957.7). City of Chula Vista Page 6 Printed on 91412014 2014-09-09 Agenda Packet Page 6 City Council Agenda September 9,2014 17. 14-0512 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of El Centro, et al. v. David Lanier, et al., San Diego Superior Court, Case No. 37-2014-00003824-CU-WM-CTL. ADJOURNMENT to a Special City Council Meeting on September 11, 2014, at 4:00 p.m. in the Executive Conference Room, and thence to the Regular City Council Meeting on September 23, 2014, at 2:00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 7 Printed on 91412014 2014-09-09 Agenda Packet Page 7 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0506, Item#: A. OATHS OF OFFICE Julio Fuentes and Gabriel Gutierrez, Planning Commission City of Chula Vista Page 1 of 1 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 8 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0481, Item#: B. PRESENTATION OF A PROCLAMATION TO KRISTINE WUNDER, CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR City of Chula Vista Page 1 of 1 Printed on 9/4/2014 powered by Legis 2014-09-09 Agenda Packet Page 9 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0491, Item#: C. PRESENTATION OF A PROCLAMATION TO ALTRUSA INTERNATIONAL INC. COMMUNITY SERVICE COMMITTEE CHAIR GLENDA HOGG AND LONGTIME LITERACY VOLUNTEER TUTOR PAULA TSCHAUNER PROCLAIMING SEPTEMBER 2014 AS ADULT LITERACY AWARENESS MONTH IN CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0513, Item#: D. PRESENTATION BY DEPUTY FIRE CHIEF JAMES GARCIA, OF EMPLOYEE OF THE MONTH CHRIS SCOTT, EMS COORDINATOR City of Chula Vista Page 1 of 1 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 11 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0511, Item#: 1. APPROVAL OF MINUTES of August 5, 12, and 14, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 12 City of Chula Vista Meeting Minutes - Draft Tuesday,August 5,2014 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 Halbert, City Attorney Googins, City Clerk Norris, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Cox led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0456 OATH OF OFFICE Maria Garcia-Lopez, Parks & Recreation Commission City Clerk Norris administered the oath of office to Commissioner Garcia-Lopez, and Deputy Mayor Aguilar presented her with a certificate of appointment. B. 14-0379 INTRODUCTION BY FIRE CHIEF DAVE HANNEMAN AND THE VETERANS OF FOREIGN WARS (VFW) POST 2111 RECOGNIZING BATTALION CHIEF DARRELL ROBERTS Chief Hanneman recognized Battalion Chief Roberts. Representatives from VFW Post 2111 presented awards on behalf of the VFW to Battalion Chief Roberts and Sergeant Oyos. C. 14-0441 PRESENTATION OF PROCLAMATIONS TO CHULA VISTA POLICE DEPARTMENT AGENT GLENN ISAAKS ON 37 YEARS OF SERVICE, OFFICER OLIVER DEMERY ON 20 YEARS OF SERVICE, AND AGENT ROBERT HINKLEDIRE ON 19 YEARS OF SERVICE TO THE CITY OF CHULA VISTA Chief Bejarano introduced Agent Isaaks, Officer Demery, and Agent Hinkledire. Mayor Cox read the proclamations and Councilmembers Bensoussan, Ramirez, and Salas presented them to Mr. Isaaks, Mr. Demery, and Mr. Hinkledire. City of Chula Vista Pagel 2014-09-09 Agenda Packet Page 13 City Council Meeting Minutes -Draft August 5,2014 D. 14-0442 INTRODUCTION BY SWEETWATER UNION HIGH SCHOOL DISTRICT ACADEMIC & CULTURAL EVENT PROGRAM COORDINATOR LILIA MEZA OF EXCHANGE STUDENTS FROM SPAIN HOSTED BY BONITA VISTA, EASTLAKE, OTAY RANCH AND OLYMPIAN HIGH SCHOOLS blia Meza, Cultural Arts Commissioner, representing Sweetwater Union High School District, introduced the exchange student program. Program participants from Spain introduced themselves. E. 14-0471 PRESENTATION BY OTAY WATER DISTRICT GENERAL MANAGER MARK WATTON AND SWEETWATER AUTHORITY GENERAL MANAGER JIM SMYTH REGARDING LOCAL WATER SUPPLY IMPACTS RESULTING FROM RECENT STATE MANDATED CHANGES Mark Watton, representing Otay Water District, and Jim Smyth, representing Sweetwater Authority gave a presentation regarding local water issues. CONSENT CALENDAR (Items 1 - 5) 1. 14-0458 APPROVAL OF MINUTES of July 17, 22, and 24, 2014. Recommended Action: Council approve the minutes. 2. 14-0452 ORDINANCE NO. 3317 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO REMOVE ASSISTANT TO THE CITY MANAGER/CONTINUOUS IMPROVEMENT MANAGER AND ADD PERFORMANCE AND ORGANIZATIONAL DEVELOPMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. 3. 14-0431 RESOLUTION NO. 2014-154 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) TO CREATE A SERVER BASED STORAGE SOLUTION THAT WILL INTEGRATE REAL-TIME ZOLL MONITOR DATA WITH THE ONSCENE PATIENT MEDICAL CHART AND AUTHORIZING AN APPROPRIATION OF $214,000 IN THE ADVANCED LIFE SUPPORT FUND FOR THE PROCUREMENT AND ACQUISITION OF REAL-TIME ZOLL MONITOR INTEGRATION FROM W.A.T.E.R AND PROCUREMENT AND ACQUISITION OF CARDIAC MONITOR/DEFIBRILLATORS AND AUTOPULSE CPR DEVICES MANUFACTURED BY ZOLL MEDICAL CORPORATION (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2014-09-09 Agenda Packet Page 14 City Council Meeting Minutes -Draft August 5,2014 4. 14-0445 RESOLUTION NO. 2014-155 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $155,451 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 5. 14-0461 RESOLUTION NO. 2014-156 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND THE DEPUTY CITY MANAGER TO SIGN THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO FOR A $10,000 COMMUNITY ENHANCEMENT GRANT FOR CHULA VISTA HARBORFEST 2014, AND RELATED DOCUMENTS; AND APPROVING THE REQUISITE RESOLUTION PROVIDED BY THE COUNTY Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, 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 There were none. PUBLIC COMMENTS There were none. City of Chula Vista Page 3 2014-09-09 Agenda Packet Page 15 City Council Meeting Minutes -Draft August 5,2014 PUBLIC HEARINGS 6. 14-0439 CONSIDERATION OF AN AMENDMENT TO CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE REGARDING THE CITY'S TELEPHONE USERS TAX ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS (FIRST READING) 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. City Attorney Googins provided information on the item. 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 Councilmember Ramirez, seconded by Councilmember Bensoussan, that the above ordinance be placed 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 ACTION ITEMS 7. 14-0466 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER, SECTIONS 1009, 1010 AND 1011 RESOLUTION NO. 2014-157 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, 2) ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CHARTER SECTIONS 1009 (REGARDING PUBLIC WORKS CONTRACTING), AND 1010 AND 1011 (REGARDING CITY CONTRACTING GENERALLY) IN ORDER TO ENHANCE EFFICIENCY AND FLEXIBILITY IN CITY PROCUREMENT PRACTICES WHILE PRESERVING CHECKS AND BALANCES, AND 3) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) City Attorney Googins provided information on the item. He and Director of Finance Kachadoorian answered Councilmembers'questions. City of Chula Vista Page 4 2014-09-09 Agenda Packet Page 16 City Council Meeting Minutes -Draft August 5,2014 ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution No. 2014-157 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 8. 14-0462 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION NO. 2014-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR Assistant City Attorney Maland and City Attorney Googins provided information on the item. Mayor Cox spoke in support of a ballot measure to eliminate mandatory runoff elections for general municipal elections and special elections, and allow the Council to fill a vacancy by appointment when the vacant seat has a remaining term of more than one year but less than 25 months. At the request of Councilmember Salas, the language of Proposition B from 2012, related to transitioning to district elections and runoff elections, and the impartial analysis of the ballot measure was distributed to the Council. Councilmember Salas spoke in support of eliminating mandatory runoff elections for special elections and the suggested language for the appointment process for filling vacancies. She spoke in opposition to eliminating the mandatory runoff elections for general municipal elections. Robert Ross, Chula Vista resident, spoke in favor of eliminating the runoff requirement for special elections, in opposition to eliminating the runoff for general municipal elections, and spoke in support of allowing the Charter Review Commission additional time to discuss the recommended appointment process for the filling of vacancies. Deputy Mayor Aguilar and Councilmember Ramirez also spoke in support of eliminating mandatory runoff elections for special elections and the suggested language for the appointment process for filling vacancies. They spoke in opposition to eliminating the mandatory runoff elections for general municipal elections. City of Chula Vista Page 5 2014-09-09 Agenda Packet Page 17 City Council Meeting Minutes -Draft August 5,2014 Councilmember Bensoussan spoke in support of eliminating mandatory runoff elections for general municipal elections and special elections, as well as the suggested language for the appointment process for filling vacancies. Deputy Mayor Aguilar spoke in support of repeating in Charter section 303 the language in Charter section 300, regarding the restriction of an appointed Councilmember or Mayor from seeking nomination at a future election for a period of one year following the expiration of his or her appointed term. In response to a request for clarification by City Attorney Googins, Councilmember Salas stated that for a term of one year or less, if an appointment to fill a vacancy would result in the majority of the council being appointed, the seat should remain vacant. For a term with 12 to 25 months remaining, if appointment to fill a vacancy would result in the majority of the council being appointed, there should be a mandatory election. Mayor Cox recessed the meeting at 4:44 p.m. The Council reconvened at 5:04 p.m., with all members present. Consideration of Item 8 continued after Councilmembers'Comments. CITY MANAGER'S REPORTS City Manager Halbert announced that Maria Kachadoorian was promoted to Deputy City Manager, and would also retain her position as Director of Finance. Deputy City Manager Kachadoorian thanked City Manager Halbert and spoke regarding her history. She and Deputy City Manager Bacon spoke regarding the departments they would oversee. MAYOR'S REPORTS 9. 14-0468 RATIFICATION OF APPOINTMENT OF NIMPA AKANA TO THE INTERNATIONAL FRIENDSHIP COMMISSION AND MARY JOHNSON TO THE COMMISSION ON AGING ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to ratify the appointments of Nimpa Akana to the International Friendship Commission and Mary Johnson to the Commission on Aging. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 COUNCILMEMBERS' COMMENTS Councilmember Bensoussan announced that the Living Coast Discovery Center raised over $90,000at its Farm to Bay fundraiser held on August 2, 2014, and encouraged the public to visit and support the organization. She also announced the upcoming HarborFest event on August 16, 2014. Councilmember Ramirez spoke in support of managing issues related to homelessness in Chula Vista to lessen impacts on surrounding neighborhoods. He announced his upcoming public office hours on Monday, August 11, 2014, at the Olympic Training Center. He also spoke in support of developing a public-interest vision for the binational rail line, Desert Line, a project of the Metropolitan Transit System (MTS). Councilmember Salas provided additional information regarding the MTS Desert Line. She announced the upcoming Train Festival on August 30, 2014. City of Chula Vista Page 6 2014-09-09 Agenda Packet Page 18 City Council Meeting Minutes -Draft August 5,2014 Deputy Mayor Aguilar spoke regarding maintenance and repairs needed at the Chula Vista Women's Club. Councilmember Ramirez reported on the efforts of the taskforce working on reinstituting the Starlight parade. Mayor Cox announced that evening's National Night Out event, being held at the Police Department. Consideration of Item 8 continued after Councilmembers'Comments. 8. 14-0462 CONSIDERATION OF PROPOSED BALLOT MEASURE TO AMEND CITY CHARTER SECTIONS 300 AND 303 TO ELIMINATE THE CURRENT MANDATORY RUN-OFF REQUIREMENT AND EXPAND CITY COUNCIL AUTHORITY TO FILL VACANCIES BY APPOINTMENT RESOLUTION NO. 2014-158 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) WAIVING CITY COUNCIL POLICY NO. 103-02; (2) AMENDING RESOLUTION 2014-120 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 TO ORDER SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO AMEND CHULA VISTA CITY CHARTER SECTIONS 300 AND 303 TO: (A) ELIMINATE THE MANDATORY RUN-OFF REQUIREMENT FOR GENERAL MUNICIPAL ELECTIONS, AND FOR SPECIAL ELECTIONS TO FILL A VACANCY, IN WHICH ONE CANDIDATE RECEIVES MORE THAN FIFTY PERCENT OF THE VOTE; AND (B) ALLOW THE COUNCIL TO FILL A CITY COUNCIL VACANCY BY APPOINTMENT, OR BY CALLING A SPECIAL ELECTION, IF THE REMAINING TERM IS MORE THAN ONE YEAR BUT LESS THAN TWENTY FIVE MONTHS; AND (3) APPROPRIATING FUNDS THEREFOR City Attorney Googins distributed proposed changes to the Charter to include provisions prohibiting 1) appointment of a majority of the City Council, and 2) appointees from seeking nomination and election to the office of Mayor or Member of the City Council to which they were appointed for a period of one year following the expiration of their appointed term. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve a ballot measure to eliminate the requirement of a run-off election when a candidate receives a majority of the votes cast in a special election to fill a vacancy and to allow Council to choose to appoint to fill a vacant seat or call a special election to fill the vacancy if more than one year but less than 25 months remains in the newly vacated term, with the condition that an appointment does not result in a majority of the Council being appointed rather than elected, heading read. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 7 2014-09-09 Agenda Packet Page 19 City Council Meeting Minutes -Draft August 5,2014 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve a ballot measure to eliminate the requirement of a run-off election when a candidate receives a majority of the votes cast in a general (June) election, heading read. The motion failed by the following vote: Yes: 2- Bensoussan and Cox No: 3- Aguilar, Ramirez and Salas Abstain: 0 Assistant City Attorney Maland distributed a proposed revised resolution, which included the amended ballot language. Assistant City Attorney Maland read the proposed ballot question language in the revised resolution: "Shall the City Charter be amended so that if a City Council seat becomes vacant with more than 12 months and less than 25 months remaining in the term, the Council may fill the seat by appointment or call a special election, and so that in any special election to fill a vacancy, the candidate that receives over 50 percent of the votes cast is deemed the winner with no runoff required?" Councilmember Ramirez suggested eliminating the language, "and so that in any special election to fill a vacancy, the candidate that receives over 50 percent of the votes cast is deemed the winner with no runoff required" since the inclination of a council would be to appoint rather than hold a special election. Deputy Mayor Aguilar suggested only eliminating the language, "no runoff required." Discussion ensued and it was the consensus of the Council to leave the language as presented by Assistant City Attorney Maland. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014-158 be adopted, as amended, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 CLOSED SESSION 10. 14-0475 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Maria Kachadoorian, Simon Silva, Gary Ficacci Employee organization: POA Item 10 was not heard. ADJOURNMENT Mayor Cox paid tribute to Charles Smith, Dr. G. Gordon Browning, and Michele Torrance Tarbet. At 6:02 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on August 12, 2014, at 2:00 p.m., in the Council Chambers. Donna R. Norris, CMC, City Clerk City of Chula Vista Page 8 2014-09-09 Agenda Packet Page 20 City of Chula Vista Meeting Minutes - Draft Tuesday,August 12, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETINGS OF THE HOUSING AUTHORITY AND THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER Special meetings of the Housing Authority and the Successor Agency to the Redevelopment Agency meeting jointly with the City Council of the City of Chula Vista were called to order at 2:06 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 Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE International Friendship Commission Chair Hector Vanegas led the Pledge of Allegiance. Mayor Cox announced, pursuant to AB 23, that she and each Councilmember would receive $50 for their attendance at this Housing Authority meeting, being held simultaneously with the City Council meeting. SPECIAL ORDERS OF THE DAY A. 14-0478 OATH OF OFFICE Nimpa Akana, International Friendship Commission City Clerk Norris administered the oath of office to Commissioner Akana and Deputy Mayor Aguilar presented her with a certificate of appointment. B. 14-0477 PRESENTATION BY CITY ATTORNEY GLEN GOOGINS, OF EMPLOYEE OF THE MONTH CHERYL PONDS, LEGAL ASSISTANT City Attorney Googins introduced employee of the month, Cheryl Ponds-Poole. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Ponds-Poole. C. 14-0464 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES City Manager Halbert introduced the employees being recognized for their milestone service anniversaries. City of Chula Vista Pagel 2014-09-09 Agenda Packet Page 21 City Council Meeting Minutes -Draft August 12, 2014 D. 14-0465 INTRODUCTION OF ODAWARA, JAPAN YOUTH AMBASSADORS YUNA TANAKA, SHIMON YOKOYAMA, CHIKA YAMANAKA AND EMIRI SUZUKI, PARTICIPANTS IN THE ANNUAL INTERNATIONAL FRIENDSHIP COMMISSION'S EXCHANGE PROGRAM WITH CHULA VISTA; AND A PRESENTATION BY THE CHULA VISTA YOUTH AMBASSADORS ALEXANDRA HERNANDEZ, JOSH MACARANAS, TIFFANY PASCUA AND MELISSA SERRATO REGARDING THEIR EXPERIENCE IN ODAWARA International Friendship Commission Chair Vanegas introduced the Chula Vista - Odawara 2014 Youth Exchange Program. Program participants from Odawara, Japan, Yuna Tanaka, Shimon Yokoyama, Chika Yamanaka, and Emiri Suzuki, and Youth Ambassadors from Chula Vista, Alexandra Hernandez, Josh Macaranas, Tiffany Pascua, and Melissa Serrato introduced themselves and thanked the Council for the opportunity to participate in the program. E. 14-0463 PRESENTATION BY THE CULTURAL ARTS COMMISSION OF THE 2014 GAYLE MCCANDLISS ARTS AWARD WINNERS OF THE RISING STAR AWARD TO BONITA VISTA HIGH SCHOOL STUDENT BENJAMIN BRANNEN AND HILLTOP HIGH SCHOOL STUDENT DULCE RUIZ Cultural Arts Commissioners Moore, Gore, and Alonso provided information about the Gayle McCandliss Arts Award and introduced Rising Star Award winners Duce Ruiz and Benjamin Brannen. F. 14-0457 UPDATE ON CITY NOW, THE CITY OF CHULA VISTA'S CONTINUOUS IMPROVEMENT PROGRAM: LEAN AND CLEAN CUSTODIAL SERVICES Management Analyst Block, Treasury Manager Allen, Director of Recreation McClure, and Construction & Repair Manager Roberts gave a presentation on a recent custodial services process improvement program. CONSENT CALENDAR (Items 1 - 4) City Attorney Googins stated that a revised Exhibit B to Item 2 had been distributed to the Council. 1. 14-0482 ORDINANCE NO. 3318 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.44 OF THE CHULA VISTA MUNICIPAL CODE TO FORMALIZE A RATE REDUCTION IN THE CITY'S TELEPHONE USERS TAX ("TUT") FROM 5% TO 4.75%, TO CLARIFY THAT THE TUT APPLIES TO WIRELESS TELEPHONE USAGE, AND TO ADD STATE LAW VALIDATION PROVISIONS (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 2 2014-09-09 Agenda Packet Page 22 City Council Meeting Minutes -Draft August 12, 2014 2. 14-0453 A. ORDINANCE NO. 3319 OF THE CITY OF CHULA VISTA GRANTING A WASTE MANAGEMENT FRANCHISE RENEWAL TO ALLIED WASTE SYSTEMS, INC. (DBA REPUBLIC SERVICES OF CHULA VISTA) ON THE TERMS PRESENTED UNTIL JUNE 30, 2024 WITH TWO OPTIONS TO EXTEND UNTIL JUNE 30, 2031 AND JUNE 30, 2039, RESPECTIVELY, SUBJECT TO THE CITY'S DETERMINATION OF SATISFACTORY PERFORMANCE AND AUTHORIZING THE MAYOR TO EXECUTE SAME (SECOND READING AND ADOPTION) (This ordinance was introduced July 22, 2014) B. RESOLUTION NO. 2014-159 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED OTAY LANDFILL EXPANSION AGREEMENT BETWEEN THE CITY AND OTAY LANDFILL, INC., AND AFFILIATES THEREOF AND AUTHORIZING THE MAYOR TO EXECUTE SAME Recommended Action: Council adopt the ordinance and resolution. 3. 14-0470 A. RESOLUTION NO. 2014-160 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY EFFECTIVE ON JUNE 27, 2014 AT $214,244 AND EFFECTIVE DECEMBER 2, 2014 AT$184,610 B. RESOLUTION NO. 2014-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY COUNCIL DEPARTMENT BUDGET TO APPROPRIATE $6,034 FOR SALARY INCREASES TO BE OFFSET BY UNANTICIPATED REVENUES (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2014-162 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D. RESOLUTION NO. 2014-163 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ELIMINATION OF 1.0 DIRECTOR OF FINANCE FROM THE FINANCE DEPARTMENT, THE ADDITION OF 1 .0 DEPUTY CITY MANAGER TO THE ADMINISTRATION DEPARTMENT, SETTING THE DEPUTY CITY MANAGER ANNUAL SALARY AT $202,980, AND AMENDING THE BUDGET ACCORDINGLY (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions. City of Chula Vista Page 3 2014-09-09 Agenda Packet Page 23 City Council Meeting Minutes -Draft August 12, 2014 4. 14-0480 A. RESOLUTION NO. 2014-164 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA EMPLOYEES ASSOCIATION SEIU-LOCAL 221 (CVEA/ SEIU), MID-MANAGERS/ PROFESSIONAL/ SEIU LOCAL 221 (MM/ PROF/ SEIU), AND WESTERN COUNCIL OF ENGINEERS (WCE) BARGAINING UNITS RELATED TO SALARY ADJUSTMENTS (PROVIDED IN ACCORDANCE WITH MOU SALARY ADJUSTMENT REOPENERS); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS AND/OR MOU REVISIONS AS MAY BE REQUIRED TO IMPLEMENT THE ABOVE SALARY ADJUSTMENTS B. RESOLUTION NO. 2014-165 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES TO REFLECT A 2% SALARY INCREASE C. RESOLUTION NO. 2014-166 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/15 BUDGET TO ACCOUNT FOR THE PROPOSED SALARY INCREASES FOR CVEA/SEIU, MM/PROF/SEIU, WCE, AND UNREPRESENTED EMPLOYEES (EXECUTIVES, SENIOR MANAGERS, MID MANAGERS, PROFESSIONALS, CONFIDENTIAL, AND UNCLASSIFIED HOURLY CLASSIFICATIONS) (4/5 VOTE REQUIRED) D. RESOLUTION NO. 2014-005 OF THE CHULA VISTA HOUSING AUTHORITY AMENDING THE FISCAL YEAR 2014/15 PERSONNEL SERVICES BUDGET OF THE CV HOUSING AUTHORITY FUND TO ACCOUNT FOR SALARY INCREASES (4/5 VOTE REQUIRED) Recommended Action: Council adopt resolutions A, B, and C, Authority adopt resolution D. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, 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 There were none. PUBLIC COMMENTS There were none. City of Chula Vista Page 4 2014-09-09 Agenda Packet Page 24 City Council Meeting Minutes -Draft August 12, 2014 BOARD AND COMMISSION REPORTS 5. 14-0450 RESOLUTION NO. 2014-167 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THREE DISTRICTING COMMISSION MEMBERS, PURSUANT TO CHARTER SECTION 300.5.D. Assistant City Attorney Maland presented information on the item. She and City Attorney Googins answered Council questions regarding the selection of Districting Commission members. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that Resolution No. 2014-167 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 There were none. MAYOR'S REPORTS 6. 14-0487 A. RATIFICATION OF APPOINTMENT OF THE FOLLOWING STUDENTS TO THE YOUTH ACTION COUNCIL: Kyle McLellan, Bonita High School - 10th grade Karen Quezada, High Tech High Chula Vista - 12th grade Eric Rodriguez, Mater Dei High School - 11th grade Carlos Soto, Chula Vista High School - 12th grade Elena Hoffman, High Tech High Point Loma - 11th grade B. RATIFICATION OF APPOINTMENT OF SALLY BOUCREE TO THE INTERNATIONAL FRIENDSHIP COMMISSION ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to ratify the appointments of the above students to the Youth Action Council. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to ratify the appointment of Sally Boucree to the International Friendship Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 5 2014-09-09 Agenda Packet Page 25 City Council Meeting Minutes -Draft August 12, 2014 7. 14-0489 Consideration of authorizing the Mayor to work with staff to write and submit to the City Clerk direct arguments in favor of, and rebuttal arguments to any arguments against, the measures placed on the November 4, 2014 ballot by the City Council 1) Amending Chula Vista Charter Sections 1009 (Regarding Public Works Contracting), and 1010 and 1011 (Regarding City Contracting Generally); and 2) Amending Chula Vista Charter Section 303 Related to Filling Council Vacancies. (Placed on the agenda by the City Attorney and City Clerk) In response to a question from Councilmember Salas, City Attorney Googins stated that there would not be a legal conflict if multiple members of the Council participated in writing the arguments related to the ballot measures. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, to authorize the Mayor to work with staff to write and submit to the City Clerk direct arguments in favor of, and rebuttal arguments to any arguments against, the measures placed on the November 4, 2014 ballot by the City Council 1) Amending Chula Vista Charter Sections 1009 (Regarding Public Works Contracting), and 1010 and 1011 (Regarding City Contracting Generally); and 2) Amending Chula Vista Charter Section 303 Related to Filling Council Vacancies. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 City of Chula Vista Page 6 2014-09-09 Agenda Packet Page 26 City Council Meeting Minutes -Draft August 12, 2014 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar provided an update on her work with Councilmember Ramirez on reinstituting the annual Starlight holiday parade. Councilmember Bensoussan announced the HarborFest event on August 16, 2014 and stated there would be meetings for volunteers on August 14 and 15, 2014. Councilmember Ramirez thanked City Manager Halbert for his support of large community events, such as the Starlight parade. He also requested City Manager Halbert consider a future Council workshop on issues related to homelessness in the City. Councilmember Ramirez provided an update on the efforts of the Yes We Can community group to address alcohol-related issues at the Sleeptrain Amphitheater and suggested a taskforce comprised of staff from the Police Department be assigned to work with the group. He also spoke in support of public outreach and education on the City's social host ordinance. Councilmember Ramirez also provided a report on his August public office hours on the topic of the future of the Olympic Training Center operations. Mayor Cox provided an update of the taskforce, comprised of herself and Deputy Mayor Aguilar, which had worked with the Yes We Can community group to address concerns regarding alcohol-related issues. City Attorney Googins spoke regarding the Districting Commission members. Councilmember Salas acknowledged the work of Councilmember Bensoussan on HarborFest and her support of local theater groups. She also announced the upcoming Train Fest on August 30, 2014. Councilmember Salas also provided an update on the work of the water taskforce. Mayor Cox paid tribute to Dorothy"Dottie"Helm. Mayor Cox announced that the Council would convene in closed session to discuss the items listed below. Mayor Cox recessed the meeting at 3:35 p.m. The Council reconvened in Closed Session at 3:40 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. 8. 14-0483 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: In the matter of Ruth Marie West, San Diego Superior Court, Case No. 37-2012-151012-PR-PW-CTL ACTION: No reportable action. City of Chula Vista Page 7 2014-09-09 Agenda Packet Page 27 City Council Meeting Minutes -Draft August 12, 2014 9. 14-0484 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(c ): One Case ACTION: Reportable action pending. 10. 14-0486 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: Successor Agency for the Redevelopment Agency of the City of Chula Vista v. Rohr, Inc., et al., San Diego Superior Court, Case No. 37-2013-00077440-CU-TT-CTL. ACTION: The City Council voted 5-0 to approve an interim settlement agreement for reimbursement of successor agency costs. A copy of the agreement is available upon request. ADJOURNMENT At 4:25 p.m., Mayor Cox adjourned the meeting. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 8 2014-09-09 Agenda Packet Page 28 City of Chula Vista Meeting Minutes - Draft Thursday,August 14,2014 4:00 PM Executive Conference Room City Hall -Building A 276 4th Avenue Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 4:15 p.m. in the Executive Conference Room, 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 4:25 p.m. ACTION ITEMS 14-0416 INTERVIEWS AND APPOINTMENTS TO FILL TWO VACANCIES ON THE PLANNING COMMISSION ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember Salas, to appoint Gabe Gutierrez and Julio Fuentes to the Planning Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ADJOURNMENT At 6:15 p.m., Mayor Cox adjourned the meeting. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 1 2014-09-09 Agenda Packet Page 29 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0505, Item#: 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Julio Fuentes, Safety Commission B. Letter of resignation from Gabe Gutierrez, Safety Commission RECOMMENDED ACTION Council accept the resignations. City of Chula Vista Page 1 of 1 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 30 Kerry Bigelow From: Julio Sent: Wednesday,August 20, 2014 2:01 PM To: Kerry Bigelow Subject: Resignation from Safety Sommission Miss Bigelow,this is to serve notice notice that I am resigning my position as a Commissioner with the Chula Vista Safety Commission. It has been an honor and a pleasure to serve with such a distinguished group of individuals of the Safety Commission,and I look forward to continue serving the city of Chula Vista with other assignments. Thank you, Julio Fuentes i 2014-09-09 Agenda Packet Page 31 Kerry Bigelow From: Gabriel Gutierrez Sent: Tuesday,August 19, 2014 11:29 AM To: Kerry Bigelow Cc: Frank Rivera Subject: Resgination From Safety Commission Hi Kerry, It was a pleasure to speak with you today. As we discussed I have recently been appointed to the Planning Commission and will be resigning from the Safety Commission. I would like to be sworn in by the Mayor at the September 9th City Council meeting. Thank you again for your help. Best, Gabe Gutierrez i 2014-09-09 Agenda Packet Page 32 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0389, Item#: 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1 .04.010, 2.66.310 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY California State law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to Park Rangers and authorizes them to issue infraction citations. This ordinance amends the Chula Vista municipal code to allow the City Manager or a director to designate Park Rangers that may issue infraction citations. Allowing Park Rangers to confront individuals who are violating City laws in City parks improves park safety and reduces the burden on the Police Department. 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; therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION On August 25, 2014, the Parks and Recreation Commission voted unanimously to support amending the municipal code to authorize Park Rangers to issue citations. An excerpt from the August 25 meeting minutes is attached as item "A". DISCUSSION The City is responsible for maintaining public park property which enhances the quality of life for all City parks patrons. From time-to-time, irresponsible individuals commit violations of City law in the parks. These violations include, but are not limited to: drinking alcohol where alcohol is prohibited, urinating on public property, damaging City fields or play structures, and not honoring reservations for field or facility rentals. City of Chula Vista Park Rangers confront the individuals who are violating City laws, however, it is without repercussion because Park Rangers do not currently have the authority to issue citations for violations. City parks would be better served if Park Rangers were authorized to issue infraction citations. In doing so, the Park Ranger Program would be better equipped to preserve the peace and quality of life at City parks and ensure that violations of City and state law are discouraged. Furthermore, by City of Chula Vista Page 1 of 2 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 33 File#: 14-0389, Item#: 3. issuing infraction citations, Park Rangers would have the ability and authority to reinforce municipal code and curtail repeat offenders. California State law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to Park Rangers and authorizes them to issue infraction citations. This ordinance amends the Chula Vista municipal code to allow the City Manager or a designee to designate Park Rangers that may issue infraction citations. Allowing Park Rangers to confront individuals who are violating City laws in City parks improves park safety and reduces the burden on the Police Department. The Department of Public Works will work closely with the City of Chula Vista Police Department to ensure proper training for all Park Rangers who are designated to issue infraction citations. Standard Work and departmental policies will be a large part of ensuring that the process and purpose of issuing the infraction citations are clearly defined, understood and adhered to by designated Park Rangers. An informational brochure will also be developed in order to better educate the public on municipal codes and other park rules that regulate park use. In addition, staff is submitting general updates to other provisions of Chapter 2.66 to reflect recent organizational changes for the City of Chula Vista. 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 & Secure Neighborhoods and a Connected Community. Authorizing Park Rangers to issue infraction citations supports the Strong & Secure Neighborhoods goal as City parks are better served by having Park Rangers preserve the peace and quality of life by ensuring that violations of City and State law are not committed. CURRENT YEAR FISCAL IMPACT There is no negative impact to the general fund. There may be a slight increase in fines and forfeiture revenues as a result of the issuance of citations by Park Rangers. ONGOING FISCAL IMPACT Amending the municipal code to allow Park Rangers to issue infraction citations for violations of City law in City parks will reduce park maintenance costs associated with vandalism and municipal code violations. ATTACHMENTS "A" - Excerpt from the August 25, 2014 meeting minutes of the Parks and Recreation Commission. Staff Contact: Iracsema Quilantan City of Chula Vista Page 2 of 2 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 34 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.3 10 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 WHEREAS, City staff is concerned about maintaining public park property and the quality of life for all City residents in City parks; WHEREAS, from time-to-time irresponsible individuals commit violations of City law in City parks including drinking alcohol in parks, urinating on public property, damaging city fields or play structures, performing unauthorized use, or not honoring reservations for fields or facilities; WHEREAS, City of Chula Vista park rangers will confront individuals who are violating city laws in city parks without repercussion because they do not currently have the authority to issue citations for violations thereof, WHEREAS, the park rangers will have to wait until the Chula Vista Police Department responds to the city park in question and usually by that time the offending party has fled; WHEREAS, currently the position of City of Chula Vista park ranger is not authorized to issue infraction citations; WHEREAS, California state law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to park rangers and authorizes them to issue infraction citations; WHEREAS, City staff believes that if a park ranger was authorized to issue infraction citations that City parks would be better served by having park rangers preserve the peace and quality of life by ensuring that violations of City and state law are not committed therein; WHEREAS, City staff also believes it would better serve the community and taxpayer resources by having park rangers enforce city law as opposed to additionally burdening the Chula Vista Police Department; and WHEREAS, City staff would also like to accomplish a general cleanup of Chapter 2.66 which is included herewith to address operational changes within City organization; and WHEREAS, at the request of City staff, including the recreation, public works and police departments, the City Council finds it necessary to preserve its parks and public property and does hereby authorize the position of City of Chula Vista park ranger to issue infraction citations for violations of City and state law that occur in City parks; and 2014-09-09 Agenda Packet Page 35 Ordinance No. Page No. 2 WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,no environmental review is necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Sections 1.04.010, 2.66.010, .015, .035, .040, .043, .045, .050, .060, .070, .080, .100, .130, .140, .150, .180, .181, .185, .190, .200, .230, .240, .250, .260, .270, .310, .320 and .330 of the Chula Vista Municipal Code are hereby amended to read as follows: 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: "Abatement" means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses; grading or regrading and filling of illegally graded or developed land; revegetation; vacating of illegal or nonconforming structures; removing barriers improperly blocking off public access; removal of encroaching structures onto public property; and other action which is reasonably related to the correction or mitigation of nuisances under this code or state law. "City" or"this city"means and shall be construed as if followed by the words "of Chula Vista." "City manager"means an officer appointed by the city council as the city manager, and includes those officers and employees he or she designates to perform certain functions. The term "city manager" includes a director, as defined herein, except in those proceedings where an appeal to the city manager is taken from the order of a director. "Code" or"this code"means the municipal code of the city of Chula Vista, California. "Code enforcement officer" means a person, other than a police officer, designated by the city manager or a director to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.41 CVMC. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce. A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code Section 836.5. A code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832.8. Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a legal holiday and then it is also excluded. 2014-09-09 Agenda Packet Page 36 Ordinance No. 3269 Page No. 3 "Council"whenever used in this code means the city council of the city. "County" or"this county"means the county of San Diego. "Day"means the period of time between any midnight and the midnight following. Daytime and Nighttime. "Daytime" means the period of time between sunrise and sunset. "Nighttime"means the period of time between sunset and sunrise. "Director" means the Chief of Police, Fire Chief, City Engineer, Director of Development Services, Director of Finance, Director of Recreation Director of Public Works, and the employees designated by them or assigned by job function to perform code enforcement functions and duties. It also includes the county health officer or director of public health for public health and sanitation. The Directors are authorized to issue rules and regulations on behalf of the City where referenced in this Code. Gender. The masculine gender includes the feminine and neuter. "In the city" means and includes all territory over which the city now has, or shall hereafter acquire,jurisdiction for the exercise of its police powers or other regulatory powers. Joint Authority. All words giving a "joint authority" to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. "Month"means a calendar month. "Notice" means a written document which informs a person of the time, date and place for a hearing, the nature of a penalty or corrective action required of that person, and the municipal code section(s) applicable to the proceeding. Service of notice is covered in CVMC 1.40.030. "Nuisance" is as defined under California Civil Code Section 3480, and includes a condition upon or use of real property within Chula Vista that violates the municipal code or state law. It may also include dilapidation or disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs; or a structure on private property which encroaches into public property. Number. The singular number includes the plural and the plural the singular. "Oath"means and includes an affirmation. Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the City, unless the context clearly indicates otherwise. Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the City. Or, And. "Or"may be read"and," and"and"may be read"or," if the sense requires it. 2014-09-09 Agenda Packet Page 37 Ordinance No. Page No. 4 "Owner," applied to a building or land, means and includes any part owner,joint owner, tenant in common, tenant in partnership,joint tenant or tenant by the entirety of the whole or of a part of such building or land. "Park Ranger" means a person, other than a Police Officer, designated by the City Manager or a Director to enforce violations of the municipal code and whose primary duty is the protection of the park,public property, open space and other property of the City and the preservation of peace therein. A Park Ranger is authorized to issue infraction citations as authorized by Chapter 1.20 CVMC. A park ranger is also authorized to issue infraction citations committed in his or her presence which are violations of state law. "Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company. "Personal property" means and includes every species of property, except real property, as defined in this section. Preceding and Following. The words "preceding" and "following" mean next before and next after,respectively. "Process" means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. "Property" means and includes real and personal property. "Real property" means and includes land, improvements and structures on land, tenements and hereditaments. "Responsible party" means, individually and collectively, the owner(s) of real property upon which a violation of this code or state law exists; or a tenant or occupant in possession, licensee or any other person who has caused, created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or state law. A "responsible party" can be a natural person or a corporation. Shall and May. "Shall"is mandatory and"may"is permissive. Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. "State" or"this state" shall be construed to mean the state of California. "Tenant or occupant," applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others. 2014-09-09 Agenda Packet Page 38 Ordinance No. 3269 Page No. 5 Tenses. The present tense includes the past and future tenses, and the future includes the present. Week. A "week" consists of seven consecutive days. "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise. "Year" means a calendar year, except where otherwise provided. 2.66.010 Purpose and intent of provisions. ....................................................................................................................................................................................................................................................................................................................................... It is the purpose of the City Council, in establishing rules and regulations governing the use of park and recreational areas in the City, to ensure the public in general, and the inhabitants of this community in particular, full and equal rights to the use and enjoyment of said public facilities without regard to the status or condition of the users of the facilities. It is recognized that society generally and the inhabitants of any community have a right to have publicly owned premises maintained in a sanitary and orderly condition. Further, the City Council recognizes the rights of individuals to speak, write and freely disseminate their views and to make full use of public facilities so long as said rights are exercised in the manner which is not inconsistent with the rights of others and violative of said rights. It is the intent of the City Council, being aware that no rights are absolute, to regulate and prohibit certain activities in public parks and other places of public recreation within the City, in the interest of protecting the enjoyment and safety of the public in the use of the facilities. To further this purpose and intent, the Director of Recreation and Director of Public Works and the City Council are authorized to both promulgate reasonable rules and regulations and post signage as may be necessary and appropriate to carry out the provisions of this chapter. 2.66.015 Definitions. ....................................................................................................................................................................................................................................................................................................................................... Within this chapter, the following definitions apply: A. "Alcoholic beverage" means beer, wine, sparkling wine and champagne only. B. "Park"or"City Park" means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. C. "The Director Recreation" means the Director of Recreation or designee. 2014-09-09 Agenda Packet Page 39 Ordinance No. Page No. 6 D. "Recreation facility"or"recreation center" means a building and the appurtenant land owned, leased or operated by the City of Chula Vista for the purpose of sports and public recreation activities, and includes a parking lot serving the building and any contiguous sidewalks. Although a recreation center or recreation facility may be located within a City park, it is a separate and distinct term for purposes of this chapter. E. "Recreation area" means a City park, as defined in this section. F. "Recreation trail" means a path or way located within a City park, or within open space within the City of Chula Vista, that by ordinance, resolution, regulation or agreement is dedicated to or operated by the City of Chula Vista for purposes of recreational hiking and riding. 2.66.035 Glass containers and beer kegs prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to possess a glass container in any City park. B. It is unlawful to possess a beer keg or any similar single container capable of containing or containing more than one gallon of beer classified as an alcoholic beverage within any City park or recreation center unless the City authorizes such use by permit only. C. Except where expressly permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, it is unlawful to possess a glass container within any recreation center. 2.66.040 Sale or serving of alcoholic beverages in recreation buildings prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in subsection (B)of this section, it is unlawful to sell or serve any alcoholic beverage at any recreation center. B. Alcoholic beverages may be served, pursuant to a special permit issued by the Director of Recreation, at the following recreation centers: Norman Park Senior Center, Chula Vista Woman's Club, Rohr Manor, Salt Creek Recreation Center, Montevalle Recreation Center and Veterans Recreation Center. 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to consume or possess an alcoholic beverage within any City park during the hours of closure established by CVMC 2.66.270. B. It is unlawful to consume or possess an alcoholic beverage at any time within any of the City Parks or parts thereof or upon any public street, sidewalk, plaza, parking lot or rest room contiguous to or immediately 2014-09-09 Agenda Packet Page 40 Ordinance No. 3269 Page No. 7 adjoining the territorial boundary of those parks or parts thereof when posted with signs prohibiting drinking, except where permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works, the City Manager, or their designee. Any signs posted pursuant to this section must be posted under the authority of a City Council resolution upon a finding by the council that the park, or portion thereof, was experiencing problems with the public's consumption of alcohol. 2.66.045 Open alcoholic beverage containers prohibited in park's parking lots or public ways. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to possess or consume an alcoholic beverage within, or have or possess any bottle, can or other receptacle containing an alcoholic beverage which has been opened, the seal broken, or the contents of which have been partially removed, upon any public street, sidewalk, parkway or parking lot within or immediately adjoining a City Park or Recreation Center. Except as authorized by a permit issued by the Director of Recreation and Director of Public Works it is unlawful to sell or serve any alcoholic beverage at Eucalyptus Park, Harborside Park, Lauderback Park, Memorial Park, Rienstra Park, Orange Park, SDG&E Park, Friendship and Orange Parks. 2.66.050 Toilet and rest room use restrictions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful for any male person over eight years of age to enter or use any toilets or rest rooms designated by signage for women or for any female person over eight years of age to enter or use any toilets or rest rooms designated by signage for men in a public park unless they are accompanying a minor child who needs assistance. 2.66.060 Posting of handbills and other papers prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in CVMC 2.66.060(B), it is unlawful to post and/or distribute within any City Park or Recreation Center, or to post or affix upon any tree, fence or structure or building located within any City Park or Recreation Center, any handbills, circulars, pamphlets, tracts, dodgers, papers or advertisements. B. With the permission of the Director of Recreation or Director of Public Works or their designees, banners and signs can be displayed in association with a permit, special events or rental; announcements may be posted upon community service bulletin boards located within Recreation Centers and City Parks. 2.66.070 Sale or solicitation for sale of merchandise, food and beverage, or business prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-09 Agenda Packet Page 41 Ordinance No. Page No. 8 Except as authorized by a permit issued by the Director of Recreation or Director of Public Works or their designees it is unlawful to sell or offer for sale any merchandise, article, food, or beverage or any object whatsoever, or to practice, carry on, conduct or solicit for any trade, occupation, business or profession, for profit or free offering within any City Park or Recreation Center. 2.66.075 Vending vehicles — Parking and stopping regulations. ....................................................................................................................................................................................................................................................................................................................................... Except pursuant to a permit issued by the Director of Recreation, the Director of Public Works or their designees or except for emergency repairs, it is unlawful to stop or park a food vending vehicle or other vehicles within a City Park or parking lot adjoining a Recreation Center or upon a public street immediately adjacent to a City Park for the purpose of, or to sell, give away, display or offer for sale, any food or beverage product from that vehicle. Any vehicle stopped for emergency repairs shall not sell, give away, display or offer for sale any food or beverage product. 2.66.080 Injuring or defacing structures or monuments, or digging or removing vegetation prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to dig up vegetation or dig within any City Park or Recreation Center or recreation area. B. Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to cut, break, injure, deface or disturb any tree, grass shrub, plant or other vegetation, rock, building, fence, bench, table or other structure, apparatus or property within any City Park, Recreation Center or recreation area. C. Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to mark or write upon, paint or deface in any manner any tree, grass, rock, building, monument, fence, bench or other structure within a City Park, Recreation Center or recreation area, or to attach a decoration of any sort to any structure in or at any City Park or Recreation Center. 2.66.100 Operating or Parking of vehicles prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees, it is unlawful to operate, leave or park any automobile, motorcycle or other self-driven vehicle on any park, recreation trail or plaza property, excepting at such place or places as are provided for and designated as places for the leaving or parking of automobiles, motorcycles or other self-driven vehicles. 2014-09-09 Agenda Packet Page 42 Ordinance No. 3269 Page No. 9 2.66.130 Animals prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... A. Except as provided in subsection (B)or(C)of this section, it is unlawful to ride, bring, leave, turn loose or allow any animal to be within any City Park, recreation trail or Recreation Center unless expressly permitted by the City. B. Except during a dog show or exhibition authorized by the Director of Recreation, it is unlawful to bring or allow a dog to be within any City Park, Recreation Center or recreation area, unless the dog is restrained by a chain, line or leash not to exceed six feet and is in the custody and control of some competent person. C. Subsection (A)of this section shall not apply to dogs or horses which are in special areas of parks or on trails designated and posted by the Director of Public Works for such purposes, provided regulations for the use of the designated area are complied with. Subsection (A)of this section shall not apply to a seeing-eye dog or other service animal assisting a person with a disability. Yes add reference to petting zoo 2.66.140 Fires prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to make or kindle any fire except in picnic stoves (associated with picnic shelter rentals)fire-rings or fireplaces permitted for that purpose, except by permission in writing from the, Director of Recreation, Director of Public Works, or their designees. Barbeque devices using propane only are acceptable. 2.66.150 Tampering with equipment, tools or materials prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except as authorized by a permit issued by the Director of Recreation, Director of Public Works or their designees, it is unlawful to open or close any valves or switches pertaining to the water, gas or electric service or to move or remove from one location to another or destroy any equipment, tools, implements or materials used by City departments; provided, however, that this section shall not apply to any employee or contractor of the Recreation Department or Public Works Department while in the performance of his duties. 2.66.180 Operation of model airplanes and certain other vehicles prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except in an area designated with signage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees it is unlawful to operate any model airplane, model car, go-cart, sky lanterns, fighting kites, drones or similar self-propelled device, toy or model within any City Park or recreation area. 2.66.181 Archery and golf regulated. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-09 Agenda Packet Page 43 Ordinance No. Page No. 10 Except in an area designated with signage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees , it is unlawful in any City Park, Recreation Center or recreation area to practice or participate in archery, golf or disc golf, or to possess an implement used for archery or golf except when in direct transit to a designated area. 2.66.185 Amplified noise. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works, or their designees it is unlawful in any park or recreation center to operate a radio, television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 150 feet from the point of emission. 2.66.190 Disturbing of meetings and other gatherings prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to disturb in any manner any picnic, meeting, services, concert, exercises, exhibition, athletic events, special events or organized class, or to indulge in riotous, boisterous, threatening or indecent conduct or abusive, threatening, profane or indecent language in any City Park, Recreation Facility or recreation area. 2.66.200 Discharge of fireworks and firearms prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to discharge any firearm or fireworks (fireworks shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation)without the written consent of the-City; provided, however, that as to the discharging of any firearms, this section shall not apply to any authorized peace officer or employee of the City departments while in the performance of his or her duties. 2.66.210 Bathing, fishing in or polluting certain waters prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to bathe, swim or fish in the waters of any lake, pond, stream, pool,water feature, water fountain, drainage channel or throw into or deposit any dirt, filth or foreign matter in the waters of any lake, pond, pool, or in like manner pollute the same; provided, however, that nothing herein contained shall be construed to prohibit the intended use in any municipal swimming pool and splash pads in accordance with the rules and regulations provided therefor. B. It is unlawful to use a sink or water fountain in any public park or recreation building to launder clothing or to bathe or wash any part of the body other than the hands or face, or both. 2.66.230 Shows, lectures, games of amusement, and other exhibitions prohibited. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-09 Agenda Packet Page 44 Ordinance No. 3269 Page No. 11 It is unlawful to set up, maintain or give any exhibition, show, performance, lecture, concert, place or games of amusement(i.e., dunk tanks, game trucks, dog shows, air inflated jumps, pony rides, petting zoos etc.)or concert hall without a permit issued by the Director of Recreation, Director of Public Works or their designees. 2.66.240 Organized use restricted. ....................................................................................................................................................................................................................................................................................................................................... A. Except in areas designated by the Director of Recreation by permit or posted signage, it is unlawful to engage in any organized activity within a City Park or recreation area. B. Organized shall be defined as: regularly scheduled or regularly recurring; OR involving 25 or more participants; scheduled, publicized, or promoted in advance; conducted or directed by an individual, group of individuals, or an organization; instructional or directional in nature; participants wearing uniforms, vests, or other clothing and/or equipment that clearly designates opposing teams. C.All groups desiring to make reservations for field use must complete an application for facility use form and pay the required fee(s)at the time of request by the Recreation Department. D. Any persons without a facility use permit authorizing them to do so will not be permitted to install items into the ground, or to use equipment that may result in damage to the grass or public property, including but not limited to goal or workout equipment. Those persons with a facility use permit and authorization to do so will be required to cease use of said installed or used equipment if evidence of damage exists. NOTE: The reservations must be made before the desired date. Groups wishing to reserve a ballfield must reserve one for a minimum of two hours. If groups who wish to have a ballfield prepped (dragged and chalked) for an additional required fee(s), seven days' notice must be given. (Ord. 2651 § 1, 1995; Ord. 1179 § 1 Art. 3, 1969; prior code §21.3.2(22)). 2.66.250 Riding bicycles, motorcycles, scooters, roller blading, roller skating, in-line skating, skateboarding prohibited in certain areas. ....................................................................................................................................................................................................................................................................................................................................... A. Prohibited Areas. Except as provided in subsection (B)of this section, it is unlawful to skateboard, roller blade, in-line skate, or roller skate or ride a bicycle, scooter, tricycle, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail, basketball or tennis court,walk or sidewalk in any City Park or recreation area. B. Lawful Areas. It is lawful to skateboard, roller blade or roller skate or ride a bicycle, scooter or tricycle within a City Park or recreation area on a path or in an area designated by the Director of Recreation by permit or posted signage as appropriate for that purpose. 2014-09-09 Agenda Packet Page 45 Ordinance No. Page No. 12 C. Grinding prohibited. It is prohibited for skateboarders to use their skateboard to grind edges of benches, sidewalks or any other concrete or steel public installations except in explicitly designated skate parks. 2.66.260 Camping and other overnight activities prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works, or their designees it is unlawful to camp, lodge, or sleep for any period of time within a City Park during the hours that the park is closed pursuant to CVMC 2.66.270. 2.66.270 Activities prohibited during certain nighttime hours — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... All City parks are open between the hours of 7 a.m. to 10 p.m. generally.The Director of Recreation or Director of Public Works is authorized to alter the park closing hours stated above when the Director determines it is necessary to preserve public property from damage and/or for the public health, safety or welfare. Specific facilities within City parks, such as tennis courts, playing fields, gazebos and similar installations, can also be closed at different hours than general park closure hours so long as signs are posted. Such change in hours shall be effective when signs indicating the change are posted Any person found inside the park during closure hours can be cited for violating park closure hours. 2.66.310 Group use— Rules and regulations. — Picnic Shelters ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful in a City Park to use a group picnic shelter or other public area designated for group use of 25 or more persons without prior authorization from theCity or its designees. Group picnic shelters for groups of 25 or more persons shall be designated by signs posted by the City for that purpose. B. It is unlawful for any person or group of persons within a City Park, without a permit issued by the City , to fail or refuse to promptly leave a picnic shelter or other public area designated for group use by 25 or more persons following notification by a Park Ranger or other person designated for that purpose by the City , or a Police Officer. C.All groups desiring to make reservations for a group picnic shelters or other public area must complete a park reservation request form, submit a refundable cleaning and security deposit, and pay the required fee(s)at the time of request. NOTE: The reservations must be made at least two days before the desired date. D.At the conclusion of the group's use, a Park Ranger will inspect the area to determine if it has been cleaned and to ensure that no damage has occurred. If the area is left in satisfactory condition, the deposit will be 2014-09-09 Agenda Packet Page 46 Ordinance No. 3269 Page No. 13 refunded. If the area has not been properly cleaned, the department will cause it to be cleaned, with the actual costs being deducted from the deposit. If the costs of cleaning exceed the amount of the deposit, the group or organization will be billed for the balance due with interest added if not paid within 30 days after the billing date. E. Groups must not exceed the maximum size for their shelter. Any group that exceeds the maximum as determined by a Park Ranger will forfeit its cleaning deposit. This occurrence may be grounds for refusal to approve future requests. F. Groups who cancel a reservation will be charged a required fee(s)for handling. If the reservation is cancelled seven or more days in advance, the use fee and cleaning/damage deposit will be refunded. If the reservation is cancelled less than seven days in advance, only the cleaning/damage deposit will be refunded. Cancellations must be made by filling out a Request for Refund online. Should inclement weather occur on the day of the reservation, the groups may receive a refund of the use fee and cleaning/damage deposit. G. All groups will confine themselves to their assigned areas, unless they are involved with recreational activities. No picnic tables, benches, grills, stoves or other park equipment will be moved from any other area without express permission from the City. Groups may not change assigned picnic areas. Failure to comply will result in forfeiture of all fees. H.All group members and caterers must use the parking area assigned on the reservation form. Any vehicle not parked in designated parking spaces will be ticketed. I. Organizations and groups staging functions in the parks should acquaint themselves with the general park rules and regulations. Actions which are in violation of said rules and regulations may result in cancellation of the outing, forfeiture of deposits, arrest or fine. J. These group use rules and regulations apply to all City of Chula Vista parks. K. Any persons without a permit will not be permitted to use courts, install items into the ground, or to use equipment that results in damage to the grass or public property, including but not limited to goal or workout equipment, 2.66.320 Issuance of Park Permits. ....................................................................................................................................................................................................................................................................................................................................... Upon application presented at least fourteen days in advance, the Director of Recreation, Director of Public Works or their designees will issue a permit for activities regulated within this chapter, unless the director finds that the event or activity will violate or cause any of the following conditions to occur: 2014-09-09 Agenda Packet Page 47 Ordinance No. Page No. 14 A. Violate law; B. Exceed the capacity of the city park or recreation facility for the safe conduct of the event; C. Present a clear and present danger to the health, safety or welfare of the public or other park users; D. Conflict with the terms or conditions of a valid prior issued permit or program activities; E. Involve the use of machinery or equipment which can damage park or recreation property; including but not limited to, spikes, metal cleats, and/or equipment fitted with projections, is prohibited; F. Involve activity, equipment or a number of persons, or a combination thereof,which in the opinion of the Director of Recreation,r Director of Public Works, or their designees is or constitutes a threat to public health and safety; (Ord. 2651 § 1, 1995). 2.66.330 Enforcement. Violations of this chapter are punishable pursuant to Chapter 1.20 CVMC. A Park Ranger is authorized to enforce the provisions of this Chapter and any other Chula Vista Municipal Code provisions addressing public property and issue infraction citations for violations thereof. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforce ability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication 2014-09-09 Agenda Packet Page 48 Ordinance No. 3269 Page No. 15 The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney Kristi McClure Director of Recreation 2014-09-09 Agenda Packet Page 49 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTIONS 1.04.010, 2.66.3 10 AND 2.66.330 DELEGATING AUTHORITY TO PARK RANGER TO ISSUE INFRACTION CITATIONS AND GENERAL UPDATES TO CHAPTER 2.66 WHEREAS, City staff is concerned about maintaining public park property and the quality of life for all City residents in City parks; WHEREAS, from time-to-time irresponsible individuals commit violations of City law in City parks including drinking alcohol in parks,urinating on public property, damaging city fields or play structures, performing unauthorized use, or not honoring reservations for fields or facilities; WHEREAS, City of Chula Vista park rangers will confront individuals who are violating city laws in city parks without repercussion because they do not currently have the authority to issue citations for violations thereof, WHEREAS, the park rangers will have to wait until the Chula Vista Police Department responds to the city park in question and usually by that time the offending party has fled; WHEREAS, currently the position of City of Chula Vista park ranger is not authorized to issue infraction citations; WHEREAS, California state law permits cities to authorize and delegate the responsibility of enforcing park rules, regulations and laws to park rangers and authorizes them to issue infraction citations; WHEREAS, City staff believes that if a park ranger was authorized to issue infraction citations that City parks would be better served by having park rangers preserve the peace and quality of life by ensuring that violations of City and state law are not committed therein; WHEREAS, City staff also believes it would better serve the community and taxpayer resources by having park rangers enforce city law as opposed to additionally burdening the Chula Vista Police Department; and WHEREAS, City staff would also like to accomplish a general cleanup of Chapter 2.66 which is included herewith to address operational changes within City organization; and WHEREAS, at the request of City staff, including the recreation, public works and police departments, the City Council finds it necessary to preserve its parks and public property and does hereby authorize the position of City of Chula Vista park ranger to issue infraction citations for violations of City and state law that occur in City parks; and 2014-09-09 Agenda Packet Page 50 Ordinance No. Page No. 2 WHEREAS, the Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus,no environmental review is necessary. NOW, THEREFORE,the City Council of the City of Chula Vista does ordain as follows: Section I. That Sections 1.04.010, 2.66.010, .015, .035, .040, .043, .045, .050, .060, .070, .080, .100, .130, .140, .150, .180, .181, .185, .190, .200, .230, .240, .250, .260, .270, .310, .320 and .330 of the Chula Vista Municipal Code are hereby amended to read as follows: 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: "Abatement" means an act or combination of actions designed to correct a nuisance. Abatement includes, but is not limited to, removal, demolition or repair of structures; removal of weeds, rubbish and debris; reconstruction of structures to code; restoration of drainage ways or courses; grading or regrading and filling of illegally graded or developed land; revegetation; vacating of illegal or nonconforming structures; removing barriers improperly blocking off public access; removal of encroaching structures onto public property; and other action which is reasonably related to the correction or mitigation of nuisances under this code or state law. "City" or"this city" means and shall be construed as if followed by the words "of Chula Vista." "City manager" means an officer appointed by the city council as the city manager, and includes those officers and employees he or she designates to perform certain functions. The term "city manager" includes a director, as defined herein, except in those proceedings where an appeal to the city manager is taken from the order of a director. "Code" or"this code" means the municipal code of the city of Chula Vista, California. "Code enforcement officer" means a person, other than a police officer, designated by the city manager or a director to enforce violations of the municipal code. A code enforcement officer is authorized to issue notices of violation and administrative citations pursuant to Chapter 1.41 CVMC. A code enforcement officer is authorized to issue misdemeanor citations or to arrest a person without a warrant for a misdemeanor committed in his or her presence which is a violation of state law or an ordinance which the code enforcement officer has a duty to enforce. A code enforcement officer may exercise all powers of arrest pursuant to California Penal Code Section 836.5. A code enforcement officer is not a peace officer within the definition of Penal Code Sections 830 through 832.8. Computation of Time. The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a legal holiday and then it is also excluded. 2014-09-09 Agenda Packet Page 51 Ordinance No. 3269 Page No. 3 "Council" whenever used in this code means the city council of the city. "County" or"this county" means the county of San Diego. "Day" means the period of time between any midnight and the midnight following. Daytime and Nighttime. "Daytime" means the period of time between sunrise and sunset. "Nighttime" means the period of time between sunset and sunrise. "Director" means the Cshief of Ppolice, IFire c-Chief, city-_City Eengineer, dDirector of planfling and Develo ment Services, dDirector of IEinance, dDirector of pafks and-Rrecreation; Ddirector of Ppublic Wworks, di-eetef of welopment and the employees designated by them or assigned by job function to perform code enforcement functions and duties. It also includes the county health officer or director of public health for public health and sanitation. The Ddirectors are authorized to issue rules and regulations on behalf of the City where referenced in this Code. Gender. The masculine gender includes the feminine and neuter. "In the city" means and includes all territory over which the city now has, or shall hereafter acquire,jurisdiction for the exercise of its police powers or other regulatory powers. Joint Authority. All words giving a "joint authority" to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. "Month" means a calendar month. "Notice" means a written document which informs a person of the time, date and place for a hearing, the nature of a penalty or corrective action required of that person, and the municipal code section(s) applicable to the proceeding. Service of notice is covered in CVMC 1.40.030. "Nuisance" is as defined under California Civil Code Section 3480, and includes a condition upon or use of real property within Chula Vista that violates the municipal code or state law. It may also include dilapidation or disrepair of structures; the maintenance of a structure in which illegal drug, gambling or prostitution activity occurs; or a structure on private property which encroaches into public property. Number. The singular number includes the plural and the plural the singular. "Oath" means and includes an affirmation. Officers, Departments, Etc. Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the Ceity,unless the context clearly indicates otherwise. Official Time. Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the Csity. 2014-09-09 Agenda Packet Page 52 Ordinance No. Page No. 4 Or, And. "Or" may be read "and," and "and" may be read "or," if the sense requires it. "Owner," applied to a building or land, means and includes any part owner,joint owner, tenant in common, tenant in partnership,joint tenant or tenant by the entirety of the whole or of a part of such building or land. "Park Rranger" means a person, other than a Ppolice eOfficer, designated by the Csity_ Mmanager or a Ddirector to enforce violations of the municipal code and whose duty is the protection of the park, public property, open space and other property of the Ceity and the preservation of peace therein. A Ppark Rfanger is authorized to issue infraction citations as authorized by Chqpter 1.20 CVMC. A park ranger is also authorized to issue infraction citations committed in his or her presence which are violations of state law. "Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company. "Personal property" means and includes every species of property, except real property, as defined in this section. Preceding and Following. The words "preceding" and "following" mean next before and next after,respectively. "Process" means and includes a writ or summons issued in the course of judicial proceedings of either a civil or criminal nature. "Property" means and includes real and personal property. "Real property" means and includes land, improvements and structures on land, tenements and hereditaments. "Responsible party" means, individually and collectively, the owner(s) of real property upon which a violation of this code or state law exists; or a tenant or occupant in possession, licensee or any other person who has caused, created, or continues to allow a condition to occur or exist upon real property constituting a violation of this code or state law. A"responsible party" can be a natural person or a corporation. Shall and May. "Shall" is mandatory and"may" is permissive. Signature or Subscription by Mark. "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. "State" or"this state" shall be construed to mean the state of California. "Tenant or occupant," applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others. 2014-09-09 Agenda Packet Page 53 Ordinance No. 3269 Page No. 5 Tenses. The present tense includes the past and future tenses, and the future includes the present. Week. A"week" consists of seven consecutive days. "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise. "Year" means a calendar year, except where otherwise provided. 2.66.010 Purpose and intent of provisions. ....................................................................................................................................................................................................................................................................................................................................... It is the purpose of the City Council, in establishing rules and regulations governing the use of park and recreational areas in the City, to ensure the public in general, and the inhabitants of this community in particular, full and equal rights to the use and enjoyment of said public facilities without regard to the status or condition of the users of the facilities. It is recognized that society generally and the inhabitants of any community have a right to have publicly owned premises maintained in a sanitary and orderly condition. Further, the City Council recognizes the rights of individuals to speak, write and freely disseminate their views and to make full use of public facilities so long as said rights are exercised in the manner which is not inconsistent with the rights of others and violative of said rights. It is the intent of the City Council, being aware that no rights are absolute, to regulate and prohibit certain activities in public parks and other places of public recreation within the City, in the interest of protecting the enjoyment and safety of the public in the use of the facilities. To further this purpose and intent, the Director of Parks and-Recreation and Director of Public Works and the City Council are authorized to both promulgate reasonable rules and regulations and post signage as may be necessary and appropriate to carry out the provisions of this chapter. 2.66.015 Definitions. ....................................................................................................................................................................................................................................................................................................................................... Within this chapter, the following definitions apply: A. "Alcoholic beverage" means beer,wine. sparkling wine and champagne only. B. "Park"or"City P-park" means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. C. "The Director Af Racks aad-Recreation" means the Director of Par aAd Recreation or designee. 2014-09-09 Agenda Packet Page 54 Ordinance No. Page No. 6 D. "Recreation facility"or"recreation center" means a building and the appurtenant land owned, leased or operated by the City of Chula Vista for the purpose of sports and public recreation activities, and includes a parking lot serving the building and any contiguous sidewalks. Although a recreation center or recreation facility may be located within a City park, it is a separate and distinct term for purposes of this chapter. E. "Recreation area" means a City park, as defined in this section. F. "Recreation trail" means a path or way located within a City park, or within open space within the City of Chula Vista, that by ordinance, resolution, regulation or agreement is dedicated to or operated by the City of Chula Vista for purposes of recreational hiking and riding. 2.66.035 Glass containers and beer kegs prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to possess a glass container in any City park. B. It is unlawful to possess a beer keg or any similar single container capable of containing or containing more than one gallon of beer classified as an alcoholic beverage within any City park or recreation center unless the City authorizes such use by permit only. C. Except where expressly permitted under the terms of a lease, operating agreement or permit issued by the Director of°^ -;;Apl Recreation, it is unlawful to possess a glass container within any recreation center. 2.66.040 Sale or serving of alcoholic beverages in recreation buildings prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in subsection (B)of this section, it is unlawful to sell or serve any alcoholic beverage at any recreation center. B. Alcoholic beverages may be served, pursuant to a special permit issued by the Director of ga Recreation, at the following recreation centers: Norman Park Senior Center, Chula Vista Womaen's Club, Rohr Manor, Salt Creek Recreation Center, Montevalle Recreation Center and Veterans Recreation Center. 2.66.043 Alcoholic beverage consumption and possession restrictions on public park properties. ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful to consume or possess an alcoholic beverage within any City park during the hours of closure established by CVMC 2.66.270. B. It is unlawful to consume or possess an alcoholic beverage at any time within any of the City P-parks or parts thereof or upon any public street, sidewalk, plaza, parking lot or rest room contiguous to or immediately 2014-09-09 Agenda Packet Page 55 Ordinance No. 3269 Page No. 7 adjoining the territorial boundary of those parks or parts thereof when posted with signs prohibiting drinking, except where permitted under the terms of a lease, operating agreement or permit issued by the Director of Recreation, Director of Public Works QperatiGRG, the sCity raManager, or their designees. Any signs posted pursuant to this section must be posted under the authority of a Csity Csouncil resolution upon a finding by the council that the park, or portion thereof,was experiencing problems with the public's consumption of alcohol. 2.66.045 Open alcoholic beverage containers prohibited in park's parking lots or public ways. It is unlawful to possess or consume an alcoholic beverage within, or have or possess any bottle, can or other receptacle containing an alcoholic beverage which has been opened, the seal broken, or the contents of which have been partially removed, upon any public street, sidewalk, parkway or parking lot within or immediately adjoining a 4r#* ity Park or R-recreation Csenter. Except as authorized by a permit issued by the Director of Recreation and Director of Public Works it is unlawful to sell or serve any alcoholic beverage at Eucalyptus Park, Harborside Park, Lauderback Park, Memorial Park, Rienstra Park, Orange Park, SDG&E Park, Friendship and Orange Parks. 2.66.050 Toilet and rest room use restrictions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful for any male person over eight years of age to enter or use any toilets or rest rooms designated by signage for women or for any female person over eight years of age to enter or use any toilets or rest rooms designated by signage for men in a public park unless they are accompanying a minor child who needs assistance. 2.66.060 Posting of handbills and other papers prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except as authorized in CVMC 2.66.060(B), it is unlawful to post and/or distribute within any eCity Park or Rrecreation Csenter, or to post or affix upon any tree, fence or structure or building located within any Ceity P-park or reareatie,TRecreation senterCenter, any handbills, circulars, pamphlets, tracts, dodgers, papers or advertisements. B. With the permission of the diF8GtGF of n.,r!(° and r°^FeatiP^Director of Recreation orar4 Director of Public Works or their desiqnees, banners and signs can be displaved in association with a permit, special events or rental: announcements may be posted upon community service bulletin boards located within Rrecreation sCenters and City Paarks. 2014-09-09 Agenda Packet Page 56 Ordinance No. Page No. 8 2.66.070 Sale or solicitation for sale of merchandise, food and beverage, or „reh edbusiness prohibited.— Exceptions. Except as authorized by a permit issued by the Director of Recreation or Director of Public Works or their designees-it is unlawful to sell or offer for sale any merchandise, article, food, or beverage or any object whatsoever, or to practice, carry on, conduct or solicit for any trade, occupation, business or profession, for profit or free offering within any Ceity P-park or Rrecreation Csenter. 2.66.075 Vending vehicles — Parking and stopping regulations. ....................................................................................................................................................................................................................................................................................................................................... Except pursuant to a permit issued by the diF8Gt9F of n.,r!(° and r°^Featip^Director of Recreation, the Director of Public Works or their designees or except for emergency repairs, it is unlawful to stop or park a food vending vehicle or other vehicles within a Deity P-park or parking lot adjoining a Rrecreation Csenter or upon a public street immediately adjacent to a Deity P-park for the purpose of, or to sell, give away, display or offer for sale, any food or beverage product from that vehicle. Any vehicle stopped for emergency repairs shall not sell, give away, display or offer for sale any food or beverage product. 2.66.080 Injuring or defacing structures or monuments, or digging or removing vegetation prohibited. ....................................................................................................................................................................................................................................................................................................................................... A. Except when authorized by the city manager, Director of Recreation, Director of Public Works or their designees&, it is unlawful to dig up vegetation or dig within any Csity P-Park or Rrecreation Csenter or recreation area. B. Except when authorized by the&City rsManager.-G�r Director of Recreation, Director of Public Works or their designees it is unlawful to cut, break, injure, deface or disturb any tree, rg ass shrub, plant or other vegetation, rock, building, fence, bench, table or other structure, apparatus or property within any Csity P-park, Rrecreation Csenter or recreation area. C. Except when authorized by the&City rr}Manager.Director of Recreation, Director of Public Works or their designees , it is unlawful to mark or write upon, paint or deface in any manner any tree, rg ass, rock, building, monument, fence, bench or other structure within a Csity P-park, Rrecreation Csenter or recreation area, or to attach a decoration of any sort to any structure in or at any Csity P-park or Rrecreation Csenter. 2.66.100 Operating or Parking of vehicles prohibited. 2014-09-09 Agenda Packet Page 57 Ordinance No. 3269 Page No. 9 Except when authorized by the City Manager, Director of Recreation, Director of Public Works or their designees&, M is unlawful to operate, leave or park any automobile, motorcycle or other self-driven vehicle on any park, recreation trail or plaza property, excepting at such place or places as are provided for and designated as places for the leaving or parking of automobiles, motorcycles or other self-driven vehicles. 2.66.130 Animals prohibited — Exceptions. ............................................................................................................................................................................................................................................................. ........................... ..................................... A. Except as provided in subsection (B)or(C)of this section, it is unlawful to ride, bring, leave, turn loose or allow any animal to be within any Csity P-park, recreation trail or R-recreation Csenter unless expressly Permitted by the City. B. Except during a dog show or exhibition authorized by the Director of Recreation, it is unlawful to bring or allow a dog to be within any Csity P-park, R-recreation Csenter or recreation area, unless the dog is restrained by a chain, line or leash not to exceed six feet and is in the custody and control of some competent person. C. Subsection (A)of this section shall not apply to dogs or horses which are in special areas of parks or on trails designated and posted by the Director of Public Works°°^moo°+^^ for such purposes, provided regulations for the use of the designated area are complied with. Subsection (A)of this section shall not apply to a seeing-eye dog or other service animal assisting a person with a disability. Yes add reference to petting zoo 2.66.140 Fires prohibited — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to make or kindle any fire except in picnic stoves (associated with picnic shelter rentals),-fire-rings or fireplaces prev+ded-permitted for that purpose, except by permission in writing from the, Director of Recreation, Director of Public Works, or their designees . Barbegue devices using propane only are acceptable. 2.66.150 Tampering with equipment, tools or materials prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except as authorized by a permit issued by the Director of Recreation. Director of Public Works or their designees&, it is unlawful to open or close any valves or switches pertaining to the water, gas or electric service or to move or remove from one location to another or destroy any equipment, tools, implements or materials used by the parks and r^^r^^+^^Cy departments; provided, however, that this section shall not apply to any employee or contractor of the parks and r^^r^^+i^^ depaFtmentRecreation Department or Public Works Department-while in the performance of his duties. 2014-09-09 Agenda Packet Page 58 Ordinance No. Page No. 10 2.66.180 Operation of model airplanes and certain other vehicles prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except in an area designated with signage by the diF8G+^r^f^^r!(° and r°^r°^+0^^ Director of Public Works°eereaz; for that purpose, or authorized by permit from the Director of Recreation or their designees it is unlawful to operate any model airplane, model car, go-cart, sky lanterns, fighting kites, drones or similar self- propelled device, toy or model within any Ceity P-park or recreation area. 2.66.181 Archery and golf regulated. ....................................................................................................................................................................................................................................................................................................................................... Except in an area designated with signage by the Director of Public Works for that purpose, or authorized by permit from the Director of Recreation or their designees FX^°^+,^,h°r° thr.r0Z69d by+h° diF8G+^r of paFks Rd ��area mew Af teo ea by p�Peet d SigRa ,e, it is unlawful in any Ceity P-park, R-Fecreation Ceenter or recreation area to practice or participate in archery, golf or disc golf, or to possess an implement used for archery or golf except when in direct transit to a designated area. 2.66.185 Amplified noise. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works, or their designees it is unlawful in any park or recreation center to operate a radio,television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 4-90-150 feet from the point of emission. 2.66.190 Disturbing of meetings and other gatherings prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to disturb in any manner any picnic, meeting, services, concert, exercises, exhibition, athletic events, special events or organized class, or to indulge in riotous, boisterous, threatening or indecent conduct or abusive, threatening, profane or indecent language in any QCs P-park, 196101diRg-R;ecreation#Facility or recreation area. 2.66.200 Discharge of fireworks and firearms prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to discharge any firearm, f;r°^r°^ker, bemh terpede rerket er^+her or fireworks (fireworks shall mean any composition or device for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation) f,rewG*° without the written consent of the -City; provided, however, that as to the discharging of any firearms, this section shall not apply to any authorized peace officer or employee of the parks and r°^r°°+i^^ d°^°i4^,°^+City departments while in the performance of his or her duties. 2.66.210 Bathing, fishing in or polluting certain waters prohibited. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-09 Agenda Packet Page 59 Ordinance No. 3269 Page No. 11 A. It is unlawful to bathe, swim or fish in the waters of any lake, pond, stream, pool,water feature, -water fountain, drainage channel or throw into or deposit any dirt, filth or foreign matter in the waters of any lake, pond, pool, or in like manner pollute the same; provided, however, that nothing herein contained shall be construed to prohibit swim+ the intended use in any municipal swimming pool and splash pads in accordance with the rules and regulations provided therefor. B. It is unlawful to use a sink or water fountain in any public park or recreation building to launder clothing or to bathe or wash any part of the body other than the hands or face, or both. 2.66.230 Shows, lectures, games of amusement, and other exhibitions prohibited. ....................................................................................................................................................................................................................................................................................................................................... It is unlawful to set up, maintain or give any exhibition, show, performance, lecture, concert, place or games of amusement(i.e., dunk tanks, game trucks, dog shows, air inflated astre-jumps, pony rides, petting zoos etc.)or concert hall without the rector of Public Works or their designeesef the diro,.+„r of marks and F8GPeatiQn. 2.66.240 Games of Oerganized speft-use restricted. A. Except in areas designated by the Director of Recreation by permit or posted signage, it is unlawful to engage in any organized activity within a Csity P-park or recreation area. B. Organized shall be defined as: regularly scheduled or reqularly recurring: OR involving 25 or more participants; scheduled, publicized, or promoted in advance: conducted or directed by an individual, group of individuals, or an organization: instructional or directional in nature; participants wearing uniforms, vests, or other clothing and/or equipment that clearly designates opposing teams. C.All groups desiring to make reservations for field use must complete an application for facility use form and Day the required fee(s)at the time of request by the Recreation Department. D. Any persons without a facility permit authorizing them to do so will not be permitted to install items into the ground, or to use equipment that may result in damage to the grass or public property, including but not limited to goal or workout equipment. Those persons with a facility use permit and authorization to do so will be required to cease use of said installed or used equipment if evidence of damage exists. NOTE: The reservations must be made before the desired date. Groups wishing to reserve a ballfield must reserve one for a minimum of two hours. If groups who wish to have a ballfield prepped (dragged and chalked) for an additional required fee(s), seven days' notice must be given. 2014-09-09 Agenda Packet Page 60 Ordinance No. Page No. 12 (Ord. 2651 § 1, 1995; Ord. 1179 § 1 Art. 3, 1969; prior code §21.3.2(22)). 2.66.250 Riding bicycles, motorcycles, scooters, roller blading, roller skating, in-line skaMDg, kateboarding prohibited..in...certain areas................................................................................................................................................ A. Prohibited Areas. Except as provided in subsection (B)of this section, it is unlawful to skateboard, roller blade, in-line skate, or roller skate or ride a bicycle, scooter, tricycle, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail, basketball or tennis court, walk or sidewalk in any Ceity P-park or recreation area. B. Lawful Areas. It is lawful to skateboard, roller blade or roller skate or ride a bicycle, scooter or tricycle within a Ceity P-park or recreation area on a path or in an area designated by the dirt-QA-ter A-f parks and FeGFRAtien the Director of Recreation by permit or posted signage as appropriate for that purpose. C. Grindinq prohibited. It is prohibited for skateboarders to use their skateboard to grind edges of benches, sidewalks or any other concrete or steel public installations except in explicitly designated skate parks. 2.66.260 Camping and other overnight activities prohibited. ....................................................................................................................................................................................................................................................................................................................................... Except when authorized pursuant to a permit issued by the Director of Parks and Recreation, Director of Public Works, or their desiqnees it is unlawful to camp, lodge, or sleep for any period of time within a City.E-park during the hours that the park is closed pursuant to CVMC 2.66.270. 2.66.270 Activities prohibited during certain nighttime hours — Exceptions. ....................................................................................................................................................................................................................................................................................................................................... All City parks are open between the hours of 7 a.m. to 10 p.m. generally., With +ho eXG@Ption Gf Rehr o�rU W014GP Park, a-Ad Ra-AAhA- d8l R@Y�IRd@P@RGI@RG@ Park, are Alesed befi.veen the hours Gf 10;30 p.m and C;-QQ a m Rnhr R;;Pk AlQsed bAtIA188A thA he- rs ef 10;30 p.m and 7-00 a m.; Hilltop Park AAd Rapphe R@Y�IRd@P@Ad@.AGk-Q Park are Alesed. d.-d-FiRg the hours of 940 p.m. to 740 a.m. G161FORg th@ M.A—Athis G-f ApFil MarAh 411 a tiViti@G @XG@pt walkiRg OF PFGG@@dmRg al()Rg GI@GigRated sidewalks Gr pathways through the parks The Director of Park AAd Recreation or Director of Public Works is authorized to alter the park closing hours stated above when the Director determines it is necessary to preserve public property from damage and/or for the public health, safety or welfare. Specific facilities within City parks, such as tennis courts, playing fields, gazebos and similar installations, can also be closed at 2014-09-09 Agenda Packet Page 61 Ordinance No. 3269 Page No. 13 different hours than general park closure hours so long as signs are posted. Such change in hours shall be effective when signs indicating the change are posted, and rernaiR 0A offon+ ,-Atil +ho Gity(;061 G;I M88tiRg OF fnr 30 days, whiAhever first AAA,irs, The DiP8Gt9F shall prepare -and su.bmit a F@PgFt tO Gity Q06IRGil regardiRg th@ G„r,6;,a8ro,a by G06I Gil at the Rext Meeting Any person found inside the park during closure hours can be cited for violating park closure hours. 2.66.310 Group use — Rules and regulations. — Picnic Shelters ....................................................................................................................................................................................................................................................................................................................................... A. It is unlawful in a City.E-park to use a group picnic shelter-or other public area designated for group use of 25 or more persons without prior authorization from the-City Q#eG4sr^f Parks; and ReAreation or its designees. Group picnic shelters for groups of 25 or more persons shall be designated by signs posted by the City g+restsr of Parks a-nd ReAreatio, for that purpose. B. It is unlawful for any person or group of persons within a City -park, without a permit issued by the City n;ro,.+„r of Parks; and ReAreatiOn to fail or refuse to promptly leave a_picnic shelter or other public area designated for group use by 25 or more persons following notification by a P-park Rranger or other person designated for that purpose by the City n;ro,.+„r���„r or a Police Oafficer. C.All groups desiring to make reservations for a group picnic shelters or other public area must complete a park reservation request form, submit a refundable cleaning and security deposit, and pay the required fee(s) at the time of request. NOTE: The reservations must be made at least two days before the desired date. ballf0pid M,-M PPRprvp PAP fAr a MMAMM,-PA Af twe he,irs If groups wish, fer -an additie-Ral required fee(s), to have o hollfold n pee (dFagged and czholked) o n .Joao' nook-,@ Must he n D.At the conclusion of the group's use, a P-park Rranger ft em the depaF+r @Rt of narks a.,,,J ro,.roa.ti ,,will inspect the area to determine if it has been cleaned and to ensure that no damage has occurred. If the area is left in satisfactory condition, the deposit will be refunded. If the area has not been properly cleaned, the department will cause it to be cleaned,with the actual costs being deducted from the deposit. If the costs of cleaning exceed the amount of the deposit,the group or organization will be billed for the balance due with interest added if not paid within 30 days after the billing date. 2014-09-09 Agenda Packet Page 62 Ordinance No. Page No. 14 E. Groups must not exceed the maximum size for their shelter. Any group that exceeds the maximum as determined by a depaFtM8.,+of parks and F8GReatiApPiaark_R-Fanger will forfeit its cleaning deposit. This occurrence may be grounds for refusal to approve future requests. F. Groups who cancel a reservation will be charged a required fee(s)for handling. If the reservation is cancelled seven or more days in advance, the use fee and cleaning/damage deposit will be refunded. If the reservation is cancelled less than seven days in advance, only the cleaning/damage deposit will be refunded. Cancellations must be made by filling out a Request for Refund onlined FORg 1616i^866 h^6lr° (940 ry +„ 5-44) ro +; de-paFtMe.,+ Should inclement weather occur on the day of the reservation, the groups may receive a refund of the use fee and cleaning/damage deposit. ^r re°°^hed-i ile their resep.',+i . G. All groups will confine themselves to their assigned areas, unless they are involved with recreational activities. No picnic tables, benches, grills, stoves or other park equipment will be moved from any other area without express permission from the depaFtMe.,+of parks and ro,.ro.t4i4the City. Groups may not change assigned picnic areas. Failure to comply will result in forfeiture of all fees. H.All group members and caterers must use the parking area assigned on the reservation form. Any vehicle not parked in designated parking spaces will be ticketed. I. Organizations and groups staging functions in the parks should acquaint themselves with the general park rules and regulations. Actions which are in violation of said rules and regulations may result in cancellation of the outing, forfeiture of deposits, arrest or fine. J. These group use rules and regulations apply to all Csity of Chula Vista parks. K. Any persons without a permit will not be permitted to use courts, install items into the ground, or to use equipment that results in damage to the grass or public property, including but not limited to goal or workout equipment, 2.66.320 Issuance of Ppark Ppermits. ....................................................................................................................................................................................................................................................................................................................................... Upon application presented at least three-fourteen days in advance, the Director of Recreation, Director of Public Works or their designees will issue a permit for activities regulated within this chapter, unless the director finds that the event or activity will violate or cause any of the following conditions to occur: A. Violate law; 2014-09-09 Agenda Packet Page 63 Ordinance No. 3269 Page No. 15 B. Exceed the capacity of the city park or recreation facility for the safe conduct of the event; C. Present a clear and present danger to the health, safety or welfare of the public or other park users; D. Conflict with the terms or conditions of a valid prior issued permit,or program activities E. Involve the use of machinery or equipment which can damage park or recreation property; including but not limited to, spikes, metal cleats, and/or equipment fitted with protections, is prohibited; F. Involve activity, equipment or a number of persons, or a combination thereof, which in the opinion of the Direct` Recreatic. ,ter Director of Public Works, or their designees;_is or constitutes a threat to public health and safety; (Ord. 2651 § 1, 1995). 2.66.330 Enforcement. Violations of this chapter are punishable pursuant to Chapter 1.20 CVMC. A Ppark Rranger is authorized to enforce the provisions of this Chapter and any other Chula Vista Municipal Code provisions addressing public property and issue infraction citations for violations thereof. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 2014-09-09 Agenda Packet Page 64 Ordinance No. Page No. 16 Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works Wier- City Attorney Kristi McClure Director of Recreation 2014-09-09 Agenda Packet Page 65 MINUTES OF A SPECIAL MEETING OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF CHULA VISTA August 25, 2014 6:30 pm A Special Meeting of the Parks and Recreation Commission of the City of Chula Vista was called to order by Chair Joseph Boehm at 6:30 pm in Conference Room B-129, located at 276 4th Avenue—Building C, Chula Vista, California. ROLL CALL PRESENT: Commissioners Chambers, Scott, Garcia-Lopez, and Chair Boehm ABSENT: Commissioners Garza, Buddingh, and Vogel ALSO PRESENT: Director of Public Works Hopkins, Assistant Director of Public Work Quilantan, Principal Recreation Manager Cox PUBLIC COMMENTS: None ACTION ITEMS The item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item,please fill out a "Request to Speak"form and submit it to the Secretary prior to the meet. 1. Recommendation to City Council to support amending Ordinance of the City of Chula Vista Municipal Code Sections 1.40.010 and 2.66.330 Delegating Authority to Park Ranger to Issue Infraction Citations Staff recommendation: Commission recommend to City Council to support amendment to Ordinance 1.40.010 and 2.66.330 Director of Public Works Hopkins provided information regarding updates to Chula Vista Municipal Code Sections 1.40.010 and 2.66.330 that would provide authority to the park ranger to issue citations for various infractions. Action: Commissioner Chambers moved to recommend to the City Council to support amendments to Ordinance 1.40.010 and 2.66.330. Commissioner Scott seconded the motion and it carried by the following vote, Yes: 4 —Boehm, Chambers, Scott, Garcia-Lopez No: 0 Abstain: 0 2. Appoint a Liaison to the Asset Management Advisory Committee Page 1 Parks and Recreation Commission Minutes August 25,2014 2014-09-09 Agenda Packet Page 66 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0405, Item#: 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM MACY'S "HEART YOUR PARK" PROGRAM IN THE AMOUNT OF $250 FOR PARK IMPROVEMENTS AT MEMORIAL PARK AND $300 FOR PARK IMPROVEMENTS AT WINDING WALK PARK AND AMENDING THE FISCAL YEAR 2014/2015 PARK MAINTENANCE BUDGET TO APPROPRIATE SAID DONATED FUNDS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista is in receipt of donations totaling $550 from the Macy's "Heart Your Park" initiative sponsored by the National Recreation and Park Association (NRPA). Memorial Park and Winding Walk Park were identified and specifically selected by Macy's due to the proximity of Macy's stores at the Chula Vista Shopping Mall and the Otay Ranch Mall. This action asks the City Council to appropriate the donated funds. 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 proposed activity consisting of accepting donations in the small amount of $550 for minor park improvements is covered by the general rule in that there is no possibility that the activity may have a significant effect on the environment. Therefore, pursuant to Section 15061(c)(3) of the State CEQA Guidelines , the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION On August 25, 2014, the Parks & Recreation Commission voted unanimously to recommend that the City Council accept and appropriate the donated funds. An excerpt from the August 25 meeting minutes is attached as item "A". DISCUSSION Macy's "Heart Your Park" initiative, sponsored by the National Recreation and Park Association (NRPA) has selected over 550 parks throughout the country to benefit from funds donated for park improvements. Between March 7 and March 31 , 2014, Macy's customers were able to donate $1 or more at their local store, with 100 percent of donations benefitting the store's selected local park. In turn, Macy's would match the total donation, dollar for dollar, up to $250,000. As a result of this initiative, Macy's "Heart Your Park" Program is making a one-time donation in the amount of $550 to the City of Chula Vista. The total amount donated includes $250 for park improvements at Memorial Park and $300 for park improvements at Winding Walk Park. The two parks were identified and specifically selected by Macy's due to the proximity of Macy's at the Chula City of Chula Vista Page 1 of 2 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 67 File#: 14-0405, Item#: 4. Vista Shopping Mall and the Otay Ranch Mall. Funds are intended for use on improvements such as maintaining parks, playgrounds and ball fields. Staff proposes to use the funds to make needed repairs to water fountains and the irrigation systems at both parks. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goals of a Healthy Community and a Connected Community. The "Heart Your Park" Program engaged the public to value their City parks, and the donations will be used specifically to provide healthy turf and operational drinking fountains. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in an appropriation of $550 to the FY 2014-15 Public Works' (Park Maintenance) Supplies and Services budget. Macy's "Heart Your Park" Program is the source of funding, therefore there is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT This one-time donation from the Macy's "Heart Your Park" program has no ongoing fiscal impact. ATTACHMENTS "A" - Excerpt from the August 25, 2014 meeting minutes of the Parks and Recreation Commission. Staff Contact: Claudia Block City of Chula Vista Page 2 of 2 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 68 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION FROM MACY'S "HEART YOUR PARK" PROGRAM IN THE AMOUNT OF $250 FOR PARK IMPROVEMENTS AT MEMORIAL PARK AND $300 FOR PARK IMPROVEMENTS AT WINDING WALK PARK AND AMENDING THE FY 2014-15 PARK MAINTENANCE BUDGET TO APPROPRIATE SAID DONATED FUNDS WHEREAS, the City of Chula Vista is in receipt of donations totaling $550 from the Macy's "Heart Your Park" initiative sponsored by the National Recreation and Park Association (NRPA); and WHEREAS, the total amount donated includes $250 for park improvements at Memorial Park and $300 for park improvements at Winding Walk Park, identified and specifically selected by Macy's due to the proximity of Macy's stores at the Chula Vista Shopping Mall and the Otay Ranch Mall; and WHEREAS, the City of Chula Vista Public Works Department will use the donated funds for repairs on drinking fountains and irrigation systems at Memorial Park and Winding Walk Park; and WHEREAS, accordingly, all donated funds will be appropriated to the FY 2014-15 Park Maintenance budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the acceptance of this one-time donation in the form presented and hereby appropriates $550 from Macy's "Heart Your Park Program" to the FY 2014-15 Department of Public Works Park Maintenance services and supplies budget. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 69 Staff recommendation: Commission appointment a liaison to the Asset Management Advisory Committee Director of Public Works Hopkins provided information about the Asset Management Committee. He shared the dates and locations of the upcoming meetings/tours as: September 11, 2014 and the tour would be of the Wastewater Treatment Plant; the second meeting is scheduled on October 23, 2014 and the tour would be of Loma Verde Facility, fields, and park areas. Action: Commissioner Chambers moved to appoint Chair Joseph Boehm as the Liaison to the Asset Management Committee. Commissioner Garcia-Lopez seconded the motion and it carried by the following vote, Yes: 4 —Boehm, Chambers, Scott, Garcia-Lopez No: 0 Abstain: 0 3. Recommendation to City Council to Acceptance of Donation from Macy's "Heart Your Park" Program Staff recommendation: Commission recommend to City Council to accept donation from Macy's "Heart Your Park"Program Director of Public Works Hopkins shared that donations totaling $550 from the Macy's "Heart Your Park" initiative sponsored by the National Recreation and Park Association were received. Memorial Park and Winding Walk Park were identified and selected by Macy's for park improvements. Action: Commissioner Scott moved to recommend to the City Council to accept donation from Macy's "Heart Your Park" Program. Commissioner Chambers seconded the motion and it carried by the following vote, Yes: 4 —Boehm, Chambers, Scott, Garcia-Lopez No: 0 Abstain: 0 ADJOURNMENT At 7:00 p.m., Chairperson Boehm adjourned the meeting to the Regular Meeting on September 18 @ 6:30 pm in Conference Room B-129 Building C —Public Services Building North, 276 4th Avenue, Chula Vista, California. Margarita Cellano, Administrative Secretary Page 2 1 Parks and Recreation Commission Minutes August 25,2014 2014-09-09 Agenda Packet Page 70 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0426, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY AND INFRASTRUCTURE ENGINEERING CORPORATION (IEC) FOR TRAINING CITY STAFF ON REVISING AND EVALUATING THE HYDRAULIC MODEL USED IN THE WASTEWATER MASTER PLAN UPDATE RECOMMENDED ACTION Council adopt the resolution. SUMMARY On December 6, 2011 , the City Council approved an agreement with Infrastructure Engineering Corporation (IEC) to provide consultant services for developing a Wastewater Master Plan Update (Study). On May 28, 2013, the City Council approved the first amendment with IEC to provide additional community outreach services outside of the original scope of work. Additional training and technical support would be needed to provide City staff the skills needed to evaluate modeling of potential new developments as well as further analysis of asset management scenarios. Staff recommends that the IEC agreement be amended to provide this training. The funds are in the present budget and no appropriation of funds is necessary. 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 an amendment to an existing agreement is not a "project" as defined under Section 15378 of the State CEQA Guidelines because said governmental administrative action will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the waiving of the consultant selection process and the approval of the agreement amendment is not subject to CEQA. Thus, no environmental review is required at this time. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In FY 2011-12, the City Council approved CIP SW223 "Wastewater Master Plan" in the amount of $500,000 to cover the costs of consultant services and staff time associated with this project. On December 6, 2011 , by Resolution 2011-236, the City Council approved an agreement with Infrastructure Engineering Corporation (IEC) in the amount of $307,415 to provide consultant City of Chula Vista Page 1 of 3 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 71 File#: 14-0426, Item#: 5. services for developing a Wastewater Master Plan Update. On May 28, 2013, by Resolution 2013-096, the City Council approved the first amendment with IEC to provide additional community outreach services and additional wastewater system analysis iterations for buildout conditions. The first amendment amount was $78,500, thereby increasing the contract amount with IEC to $385,915. Proposed Scope Change and Contract Amendment As part of the original scope of work, IEC developed computed models that provide wastewater flow projections for new developments based on approved General Plan and supplemented General Plan amendments. In addition, the original scope of work included technical support to City staff. Additional training and technical support would be needed to provide City staff the skills needed to evaluate modeling of potential new developments as well as further analysis of asset management scenarios. This training is outside of the original scope of work. Staff recommends that the IEC agreement be increased by $28,140 to a maximum compensation amount of$414,055 for the following additional consultant services: • Perform hydraulic modeling training to City staff that covers the methodology and steps required to evaluate the impact of potential new developments on the City's wastewater collection system. • Analyze additional asset management "what if' scenarios that account for different repair/rehabilitation and monitoring strategies and analyze the cost implications of those scenarios on the existing asset management plan. • Provide one year of technical support to City staff to answer questions and address issues that arise after the hydraulic model training and asset management software training are complete. To date, $460,647 has been spent in consultant services and staff time. Sufficient funds remain in the project's original budget allocation to fund this amendment and no appropriation of funds is necessary. City staff time for this amendment will be paid from Sewer Service Revenue funds. Table 1 shows a summary of project expenditures to date including this amendment. City of Chula Vista Page 2 of 3 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 72 File#: 14-0426, Item#: 5. n rlrlrslr► tr-nr-H+- D r /2(17 VI Isll lul `.V1161 u�6 1 1 1 `JV / � 1 ct /� rv,orrlrv�ort /7Q ZJ\. r11 1 1t.1 1M 1 1 1\-1 1�. .,J / V City rtaff ti mP dot, r 6 n f'r1%*r," ri"I"�'e,'--% 'i�6—I D"Q VA fl-)I To date, the consultant has been effective and efficient in dealing with issues and project needs. Staff is satisfied with IEC's performance and recommends Council approval of this second amendment. 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 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 work supports the Economic Vitality goal in the City's Strategic Plan. It provides planning of sewer infrastructure for new development, which is a key City function in supporting new growth. CURRENT YEAR FISCAL IMPACT City Council approved Trunk Sewer Capital Reserve funding for this project as part of the FY 2011- 12 Capital Improvement Program, SW223 "Wastewater Master Plan". To date the revised total contract is $414,055. There is no additional impact to the Trunk Sewer Capital Reserve fund as sufficient funding is available in SW223 to cover the staff and consultant costs associated with this project. ONGOING FISCAL IMPACT None. ATTACHMENTS Attachment 1 2n Amendment with IEC Attachment 2 IEC's Request for Additional Authorization letter Staff Contact: Roberto Yano, Senior Civil Engineer City of Chula Vista Page 3 of 3 Printed on 9/4/2014 powered by Leg 2014-09-09 Agenda Packet Page 73 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL '- G1e . Googins City Attorney Dated: SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFRASTRUCTURE ENGINEERING CORPORATION (IEC) TO DEVELOP A WASTEWATER MASTER PLAN UPDATE 2014-09-09 Agenda Packet Page 74 Second Amendment to the Agreement beAveen City of Chula Vista and Infrastructure Engineering Corporation (IEC} To Develop a Wastewater Master Plan Update This Second Amendment to Consultant Agreement (the "Second Amendment") is entered into by and between the City of Chula Vista (City) and InfrastructuI'e Engineering Corporation ("IEC" or"Consultant"). This Second Amendment shall amend the Agreement between the City and IEC, approved by the City on December- b, 2011, for developing a Wastewater Master Plan Update (the "Agireement"), and shall be effective September 9. 2014 and is made with reference to the followint,facts: RECITALS WHEREAS. on December 6. 2011, the City Council approved an agreement between the City of Chula Vista (Cite) and Infrastructure l��h��drieerin Corporation {IEC} for developing a Wastewater Master Plan Update (Agreement): and. WHEREAS. on May 28, -2013. the City Council approved the 1" amendment to the Agreement between the City and IEC: and, WHEREAS, as the work on the study progressed. it became evident that additional services would be needed beyond what was deirned in the original scope of work: and. WHEREAS. this Second Amendment identifies the additional services to be performed by the Consultant: and. WHEREAS. Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the additional services identified in this Second Amendment, to Citv. in accordance with the time frames and the terms and conditions of the Agreement. as amended. NOW. THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged. the City and IEC a47ree to amend the A-reenhent as follo«-s: 1. Add item 14 to Exhibit A. Paragraph S. Scope of Work and Schedule. A. Detailed Scope of Work. Task V CIP, which shall read as follows: 14) The Consultant shall provide a maximum of 219 hours of training and technical support on modeling new development and asset management scenarios to City staff. 2. Amend Exhibit A. Paragraph S. Scope of Wort. and Schedule. D. Date for Completion of all Consultant services. which shall read as follows- Page I Two Purer A reemeut Between the City of Chrda Vista and IEC to Develop it Wasterrvrter dlrtster Phut Update 2014-09-09 AWq&, � liens Revised�_�cerocm'�-'_-_'(1fa."[oe Page 75 Rcriscd 0y i8 1;.110M Delete "April 30. 2014" and replace Nvith"September 30. 2016". 3. Amend Exhibit A, Section 10. Compensation C. Hourly Rate Arrangement Not to Exceed Limit Per Please. as follows: Delete 148,760" in phase 5 maximum fee and replace with "97.875". Delete 1307,=115" in total amount of pleases and replace with 1414.055". 4. Amend Exhibit A. Section 10. Compensation C. (1)Not-to-Exceed Limitation on Time and Materials Arrangement to read as follows: "Notli ithsta riding the expenditure by Consultant of time and materials in excess of said Maximum ConlpenSatiOil I11110Llnt. Consultant agrees that Consultant Will perforill all of the Defined Services herein required of Consultant for $414.055, including all Materials. and other"reiillbLirsables (1\rlaxiillLll77 Compensation). 5. All other terms of the Agreement shall remain in full force and effect. 6. Capacity of Parties. Each Siy-natory and party to this Second Amendment Warrants and represents to the other party that it has lewa1 authority and capacity and direction from its principal to enter into this Second Amendment. and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Second Alllendillent. 7. Governing Law/Venue. This Second Amendment shall be governed by and construed in accordance with the laws of the State of California. Any action arising, Under or relatin47 to this Second Amendment shall be brou ght 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 Second Amendment, and performance under it, shall be the City of China Vista. (End of page. Next page is signature page.) Pa-e 2 Two PartV t reentem 6erween the CRY of Cludit J ism and IEC tit Derelop it 11`itveivater Mosier Plan UjrrGuC 2014-09-09 A&el,gd,&aEyge �i1c:Rr.r rd.�e rc 3 cir3`3 -Red,lix Page 76 Re%iced(1!)'IR IIRdId To Seccnc�A--?ends',tzentt to the Agreement betvveen City of Cliffla Vista and Infr2struct re Engineering Corporation, To Develop a Wastewater Master Plan. Update Eve WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Agreement; indicating that they have read and understood the Second Amendment, and indicate their full and complete consent to its ten-ns: City of Chula Vista By: — C;,eryl cm" I"Iyor Attest: Approved as to form: iniTascruct1.L'e, Engineering Corporation, By Robert S. Weber,President Exhibit List to Second Amendment to Agreement: Exhibit A:Agreement between the City of Chula Vista and IEC dated December b, 2011 Exhibit B: First Amendment to Agreement. Page 3 Two Parry Agreemem lIetween doe Cry of Oada E?sw and ll;C to Develop a WasteWater Master Plan Update C:1Usct�'swc1.`E)cK,k:a;i�icvi:,ul Agicum:U!9-2-Y)i 4A-, Rniwd09,'15.x$3 NLM 2014-09-09 Agenda Packet Page 77 Parties and Recital Page(s) Agreement between City of Chula Vista and Infrastructure Engineering Corporation for Developing a Wastewater Mas�aster.Plah'Update This agreement ("Agreement"), dated date of Council�a.1oval for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the update of the Wastewater Master Plan is needed to identify and analyze the City's current and future needs for wastewater conveyance, treatment, and disposal, and; WHEREAS, the City requires that a consulting firm develop a Wastewater Master Plan Update (Plan). The purpose of the Plan is to: (1) establish a sewage generation rate based on the 2010 census, City's flow monitoring data and water conservation trends, (2) set the sewer capacity fee per Equivalent Dwelling Unit (EDU)that needs to be collected for new development in order to finance sewer and treatment capacity upgrades needed to accommodate this development, (3) evaluate the current wastewater collection system to ensure the sewer assets (infrastructure) continue to provide the required level of service, and (4) develop a CIP by identifying existing sewer deficiencies and recommending facility improvements to accommodate growth and ultimate City buildout conditions, and; WHEREAS, on May 20, 2011,the City of Chula Vista's Engineering Division advertised the Request for Proposal (RFP) to provide consultant services necessary to prepare the Wastewater Master Plan Update, and; WHEREAS, on June 30, 2011, the City of Chula Vista's Engineering Division received four (4)proposals to provide consultant services for the preparation of the Wastewater Master Plan Update, and; WHEREAS, the Consultant selection process has been conducted in accordance with Section 2.56.110 of the Chula Vista Municipal Code. The selection panel has determined that Consultant is the firm best qualified to undertake the services described in the Agreement; and, 2014-09-09 Agenda Packet pace 1 Page 78 WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals.Next Page starts Obligatory Provisions.) Pa 2014-09-09 Agenda Packet ge Page 79 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: All of the Recitals above are hereby incorporated into this Agreement. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on the attached Exhibit A,Paragraph 7, entitled "General Duties". 1 Scope of Work and Schedule. In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"Scope of Work and Schedule",not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A,Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the 'Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. i. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. ii. Additional Services. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing,if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 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. i. No Maiver 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. 2014-09-09 Agenda Packet Page 3 Page 80 B. Application of Laws. Should a federal or state law pre-erupt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of the 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 the 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, terminate the Project, or portions thereof, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all Project participants, 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 assure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement„ and for twelve (12) months after completion,policies of insurance from insurance companies to protect against claims for injuries to persons or darrlages to property that may arise from or in connection with the performance of the work under the 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: i. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). ii Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). iii. WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. iv. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: 2014-09-09 Agenda Packet Page 4 Page 81 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. 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: i. 4dditionalInsureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect 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 contractor's insurance using ISO CG 2010 (11185) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. ii. Primacy 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 contractor and in no way relieves the contractor from its responsibility to provide insurance. iii. Cancellation. The insurance policies must include provisions stating that coverage will not be canceled by either party, except after thirty (30) days' prior written notice. 2014-09-09 Agenda Packet Page 5 Page 82 iv. Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. v. YYaiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: i. Reh-o Date. The "Retro Date"must be shown, and must be before the date of the contract or the beginning of the contract work. ii. !Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five (S)years after completion of the contract work. iii. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a"Retro Date"prior to the contract effective date,the Consultant must purchase"extended reporting" coverage for a minimum of five(5) years after completion of contract work. iv. 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 affecting coverage required by Section C. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Consultants must furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 2014-09-09 Agenda Packet Page 6 Page 83 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations, All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit(indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A,Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE 11. CITY OBLIGATIONS 2014-09-09 Agenda Packet Page 7 Page 84 A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction, and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation. 1, Following Receipt of Billing. Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A,Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth 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 thereunder 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; 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. i. Errors and Omissions. In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 4. Pavrnent 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 2014-09-09 Agenda Packet Page 8 Page 85 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. i. 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 rnaldng or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not,to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 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. D utYy to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest 2014-09-09 Agenda Packet Page 9 Page 86 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: i. That neither Consultant, nor Consultant's immediate family members,nor Consultant's employees or agents ("Consultant Associates")presently have any interest, directly or indirectly,whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A,Paragraph 14. ii. That no promise of future employment, remuneration, consideration, Fatuity 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. iii, That Consultant Associates shall not acquire any such Prohibited Interest within the Tenn of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. iv. That 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. 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 2014-09-09 Agenda Packet Page 10 Page 87 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 perfonning 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(10) 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. INDEIVRNITICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement. Except for liability for Professional Services covered under Article V, Section(A)(2), Consultant shall defend, indemnify,protect and hold harmless the City, its elected and appointed officers and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity,to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability,costs and expenses (including without limitations, attorneys fees) arising from the sole negligence 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. Professional Services. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers) ("Design Professionals"), Design Professionals shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury,in law or equity,to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to any negligence, errors or omissions,recklessness, or willful misconduct of Design Professional, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Design Professional's Services. 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 Design Professional, its employees, agents or officers, or any third party. The Design Professional's duty to indemnify,protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in 2014-09-09 Agenda Packet Page 11 Page 88 no way alters, affects or modifies the Design Professional's obligation and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections 1 and 2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers. 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 legal expense and cost incurred by each of them in connection therewith. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. 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, drrawings, 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 2014-09-09 Agenda Packet Page 12 Page 89 exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees and to maintain,intact and readily accessible, all data, documents, reports,records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials,payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROTECT COMPLETION, AUDIT,AND CLOSEOUT A. Project Completion. Within.ninety(90) calendar days following Project completion or termination by CITY, the Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. The Consultant agrees to have performed financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. The Consultant agrees that Project closeout will not alter the 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 VIII. 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. 2014-09-09 Agenda Packet Page 13 Page 90 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 thereat as "Permitted Subconsultants". B. Ownership, Publication,Reproduction and Use of Material. All reports, studies; information, data, statistics, forms, designs,plans,procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime,retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. I. Actions on Behalf of City. Except as City may specify in writing, Grantee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Grantee 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, the Consultant agrees and shall require that it's agents, employees, subcontractors agree that the 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 the City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, neither City shall have any obligations or liabilities to such other party. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if 2014-09-09 Agenda Packet Page 14 Page 91 fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terns of this Agreement. E. Administration of Contract. Each parry designates the individuals ("Contract Administrators") indicated on Exhibit A,Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. E. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. I. Notices, All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party,postage prepaid, registered or certified,with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended,modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment,waiver or discharge is sought. L. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 2014-09-09 Agenda Packet page 15 Page 92 M. Governing LavvNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable,the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page.Next page is signature page.) 2014-09-09 Agenda Packet Page 16 Page 93 Signature Page to Agreement between City of Chula Vista and Infrastructure Engineering Corporation for Developing a Wastewater Master Plan Update IN WITNESS WHEREOF, City and Infrastructure Engineering Corporation have executed this Agreement thereby indicating that they have read and understood same, and indicate their fill and complete consent to its terms: Dated: Z ( !l City of Chula Vista By: OLU�� Cheryl C x,M yor Attest: 4� Donna Norris, City 6erk Approved a to form. Glen G,00gins, ty orney Dated: L 1 3 Infrastructure Engineering Corporation By: � _ Preston Lewis, President Exhibit List to Agreement (X) Exhibit A. Page 17 2014-09-09 Agenda Packet Page 94 Exhibit A to Agreement between City of Chula Vista and Infrastructure Engineering Corporation 1, Effective Date of Agreement: (Date of Council approval) 2. City-Related Entity: (X)City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Infrastructure Engineering Corporation 14271 Danielson. Street Poway, California 92054 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 14271 Danielson Street Poway, California 92064 Voice Phone: (858) 413-2400 Fax Phone: (858) 413-2440 2014-09-09 Agenda Packet Page 18 Page 95 7. General Duties: The Consultant shall prepare a Wastewater Plan Update(Plan) to the satisfaction of the City's Director of Public Works, The Plan will provide a comprehensive review and evaluation of the City of Chula Vista's wastewater collection, conveyance, and treatment capacity requirements under existing and ultimate City buildout conditions. The Plan will update the City's existing comprehensive plan for identifying, prioritizing, constructing, and implementing sewer improvements citywide. The Plan will support SANDAG's population growth as well as the City's General Plan. As such,the Plan shall include a 40-year Capital Improvement Plan (CIP) which provides the basis for recommending system improvements and related capacity fees, sewer rates and capital financing plans. The Plan will serve the City as an asset management document to determine the annual rehabilitation, replacement and expansion of existing sewer facilities. In addition, it.will identify the need for additional facilities, thus the City could meet its sewer capacity sustained growth and demands at the year 2050. The objectives of the Plan are as follows: Objectives 1) Sewage Generation: To establish a sewage generation rate based on the 2010 census, City's flow monitoring data and water conservation trends. The revised sewage generation rate will be utilized to estimate the additional treatment capacity that must be secured by the City to meet buildout sewer demands. 2) Capacity pees: To set the sewer capacity fee per Equivalent Dwelling Unit (EDU) that needs to be collected for new development in order to finance sewer and treatment capacity upgrades needed to accommodate this development. The fee will ensure that adequate revenues are collected to accommodate the acquisition of additional treatment capacity or construction of an independent wastewater reclamation facility in accordance with the 2011 feasibility study. The report shall include the calculation methodology for the recommended capacity fee recommendations. 3) Wastewater Asset Management Program WAMP : To extend the life of wastewater system assets, optimize maintenance and renewal by recommending improvements to the collection system. The WAMP will enable the City to meet service levels at an acceptable level of risk and lowest life cycle cost of the asset. 4) CIP: To develop a capital improvement plan (CIP) by identifying existing sewer deficiencies and recommending facility improvements to accommodate growth and ultimate City buildout conditions. 5) Model: Deliver a completed functional model of the sanitary sewer system for City use. The City will provide all pertinent Infoworks hydraulic model input data. All the engineering services shall be completed in accordance with this agreement as described in Paragraph 8, Scope of Work and Schedule. 8. Scope of Work and Schedule: 2014-09-09 Agenda Packet Page 19 Page 96 A. Detailed Scope of Work I. Research 1) Consultant shall review previous reports by the City and/or consultants to the City relating to planning, engineering, and financial data including: population, land use, GIS system information, including sewer basins, sewage system, orthographic photographs,prior master plans and model data,water billing data, pump station flows, the existing InfoWorks model, and existing/future system characteristics and requirements. Review shall also include: the City's General Plan and population forecast data from the San Diego Association of Governments (SANDAG), existing sewer atlas maps, economic development plans, Specific Plans,current mapping of land use/zoning plans, specific development plans, topographic data, City standard design criteria, interagency agreements, the Draft wastewater reserve policy, sewer system design criteria, policies,procedures and fee structures. 2) Consultant shall maintain a daWdocument inventory that lists the daWdocurnents received from the City, the date received, and if the data needs to be returned to City. This inventory shall be updated as new information is received and supplied to the City at status meetings. H. Sewage Generation Rate 1) Consultant shall perform an analysis of existing sewage flows by land use classification to develop unit wastewater flow factors. Wastewater flow factors will be based upon City water billing data with return-to-sewer ratios applied. Peak factors curves will be developed for peals dry and peak wet weather flows based upon existing and new flow information. I&I allowances will be estimated based on: existing flow monitoring data; a correlation of recent rainfall event data with wastewater treatment plant flows and sewer pump station run time data; an assessment of sewer system age/material; operations and maintenance data, and discussions with City staff. 2) Consultant shall ensure that the sewage generation rates coordinate with the sewage production parameters in Section 3-301 of the Subdivision Manual. 3) The City will provide all InfoWorks hydraulic model input data and existing land use condition will be provided by SANDAG and the City. Existing land use information will be supplemented, if necessary, based upon known information by either the City and/or SANDAL 2014-09-09 Agenda Packet Page 20 Page 97 III. Capacity Fees Using the City's recent feasibility study as a basic guide, Consultant shall conduct a comprehensive assessment of the City's capacity charge. It is understood that the wastewater generated in Chula Vista is transported and processed at the San Diego Metro treatment plant and that the Metro plant is about to require an upgrade. Thus, the establishment of a capacity fee for both transportation and treatment will help the City recover its costs while minimizing the impact on its rates. Consultant shall do the following to ensure equitable cost recovery: 1) Review Current Wastewater Capacity Charge. Consultant shall review the City's current fee methodology for equity. Consultant shall evaluate if the current fee structure recovers adequate costs to fund the allocated portion of infrastructure required to serve growth, and does not double count any costs, such as current facilities plus future replacement of those same facilities. Assess compliance with Government Code Section 66000 et. seq. (AB1600). 2) Review Customer Classifications and Strength Characteristics for Fee Recovery Consultant shall review the City's customer classes and underlying wastewater strength assumptions for capacity fee recovery. Consultant shall calculate the City's current EDUs and project new development impact. Consultant shall then recommend appropriate modifications to help simplify the fee recovery classes and improve fee equity. a} Identify&Evaluate Alternative Capacity Fee Methodologies Consultant shall identify and evaluate alternative methods for calculating wastewater capacity fees. Consultant shall evaluate how each of these methods might be applied to the City. Consultant shall recommend capacity fees that will include both a) a buy-in component to recover costs of existing facilities with capacity to serve growth, and b) an expansion component for additional facilities needed to serve new development. 4) Allocate CIP Costs & Existing Facilities to Customers & Growth Consultant shall review growth assumptions provided by the City and evaluate impacts of various growth scenarios on the timing of future facilities' capacity requirements. For example,under a higher growth scenario, the City will recover more capacity charge revenues, but will also have to fund more expansion projects sooner than under a lower growth scenario. Additionally, some projects may need to be constructed before growth can occur. 6) Calculate Fees and Incorporate Into the Model 2014-09-09 Agenda Packet Page 21 Page 98 Consultant shall calculate new capacity fees based on related costs and incorporate the recommendations into the financial model. The model will include the ability to allow all underlying assumptions to be,modified based on future data. Long-Term Sewer Financial Plan In developing long-tern financial plans, Consultant shall focus on developing a robust pay-as- you-go approach with capital projects and reserve fund establishment. Prudent funding of these projects and reserves means setting fees appropriately and gradually phasing in any service charge adjustments to not only prevent sudden rate spikes,but also ensure sufficient coverage for contingencies. To ensure the City's long-term fiscal solvency, Consultant shall provide the following approach: 1) Develop Forecasts &Projections Based on the data assembled from the City and the fee assessment developed above, Consultant shall prepare forecasts and projections to serve as the basis of the long-term City financial plan. Consultant shall review projections with City staff for agreements on assumptions, interpretation of data, and completeness of approach, Projections shall include: • Operating and maintenance costs • Anticipated capital improvement project costs and timing • Service charges, connection fees, interest earnings, and other revenues • Growth rates and impacts of anticipated development • If appropriate, debt service and debt service coverage • Incorporations of the elements contained in the fee assessment 2) Develop Long-Term Revenue Requirements for Facility Replacements Consultant shall determine the long-term revenue requirements to sufficiently replace the City's facilities. Consultant shall evaluate the City's existing sewer facility replacement fee for durability and equity through the 2050 fiscal year. Consultant shall test for overlap or deficiencies with the elements incorporated with the capacity fee. Consultant shall make appropriate recommendations to ensure long-term sustainability. 3) Evaluate Financing Alternatives for Capital Improvements &Replacements Consultant shall work with City and Consultant to identify financing priorities and objectives. Consultant shall identify and evaluate financing alternatives for funding the City's sewer capital improvement program, including improvements to both City infrastructure and facilities. Consultant shall recommend the most appropriate and lowest-cost financing options, including pay-as-you-go capital funding. If debt is required, discuss options with City and develop debt service projections to incorporate in the cash flows. Consultant shall provide an evaluation,of long-term infrastructure replacement needs and development of strategy to fund anticipated costs. 2014-09-09 Agenda Packet Page 22 Page 99 4) Recommend Minimum Fund Reserve Targets) Consultant shall recommend prudent minimum fund reserve target(s) for the City. Consultant shall recommend operating reserve targets that are based on a percentage of the annual operating budget, to allow the reserve target to adjust over time and keep pace with future financial conditions. Consultant shall evaluate broadening the City's infrastructure replacement fund and recommend an appropriate funding level. Consultant shall develop a plan to help the City to meet the recommended reserve targets within a reasonable and achievable period of time, and maintain prudent reserves over the long- run. 5) Develop Lon—Term Sewer Cash Flow Projections Consultant shall develop a cash flow model showing the financial position of the City through the year 2054. The cash flow projections will estimate future revenues, expenses, fund balances, and debt service coverage.Key policy and financial assumptions will be clearly identified. Consultant shall recommend the use of slightly conservative projections for financial planning purposes. Consultant shall develop a financial model that will be used to evaluate various financing and rate alternatives and to develop a recommended financing strategy. The financial projections can also be used to evaluate the impact of different assumptions (e.g. growth rates, capital costs, operating cost inflation, etc.) on the long-term financial condition of the sewer funds. This enables the City to evaluate the financial impact of"what if' scenarios and tailor any recommendations based on the information provided. Best Financial Management Practices Review (BFMP) Consultant shall create a set of wastewater BFMPs that were developed based on their 47 years of wastewater agency consulting experience and a comprehensive review of industry literature. Some of the 15 BFMPs include: » Establishing prudent fund reserve targets • Adopting a debt management policy Maintaining up-to-date lists of fixed assets • Adopting policies on rates and charges and annual rate adjustments • Implementing and regularly updating a long-range financial plan • Maintaining an up-to-date capital improvement program • Implementing adequate internal audit controls to avoid fraud » Providing monthly financial reports to the governing board • Tracking and anticipating future legislative and regulatory chancres • Posting financial reports online • Adopting formal policies on expenses, credit card use, vacations, etc. 2014-09-09 Agenda Packet Page 23 Page 100 IV. Wastewater Asset Management Program WANIP Consultant shall establish a WAMP to maintain a desired level of service of the City's wastewater assets such as sewer mainlines, manholes, pump stations, sewer access maintenance roads, laterals connecting to public mains, junction and diversion structures at the lowest life cycle cost. Lowest life cycle cost refers to the best appropriate cost for rehabilitating,repairing or replacing an asset. Current State of Assets 1) Consultant shall identify the condition, useful life, and value of the existing wastewater collection system assets. Consultant will utilize the City's on- going InfoNet and GIS cataloging efforts to store spatial and hydraulic information of wastewater infrastructure. Consultant shall review these databases to ensure correct and complete information is being collected. Consultant shall review(or create) a data hierarchy for these databases. Examples of potential Collection System components may include gravity sewers, lift stations and force mains. Gravity sewers may include gravity mains, manholes, diversion structures and laterals, while Lift Stations might include force mains,pumps,controls, etc. 2) Consultant shall determine the probable failure mode of each asset. In addition to rating the condition(Mortality) of each asset, Consultant shall also develop and assign ratings for the Capacity, Level of Service and Financial Efficiency for each asset. While Capacity ratings will be obtained from projects identified in the CIP, Level of Service ratings and Financial Efficiency ratings will be developed from a series of interview with City Staff. 3) Consultant shall determine the Effective Lifecycle for all assets based on asset type (i.e. Manhole,Pump,Pipeline by Material, etc.). Use modification factors to adjust based on City staff input for items such as Design Standards, Construction Standards, Operational History, Operation Environment and External Stresses.For pumps only, effective lifecycle will be a total number of run hours, and not an estimate of time in years. Consultant shall adjust effective lifecycle for wastewater assets to account for: • Minimum and Maximum Desirable Slopes • Minimum and Maximum Desirable depth-to-Diameter Ratios and/or Velocities • Depth of Cover • Soil Type • Ground Water Levels • High Slope Terrain • Proximity to Force Main • Cleaning/Rodding Observations • Lining • Reported Sanitary Sewer Overflow History 2014-09-09 Agenda Packet Page 24 Page 101 4) For those assets with failure modes of either Capacity, Level of Service or Efficiency, Consultant shall determine the remaining life of the asset before failure. Calculate percent of effective life consumed: %Effective Life Consumed = (Effective Lfecycle--Remaining Life)/Effective Lifecycle For those assets with a Mortality failure mode and an Asset Condition Rating less than 4, Consultant shall calculate percent of effective life consumed by dividing the age of an asset by the Effective Life. For those assets without date of install, and average value will be assigned (i.e. 65%): %Effective Life Consumed =Age/Effective Lifecycle 5) Consultant shall determine Life Cycle and Replacement Costs for all assets for managerial purposes. Life cycle cost will be calculated for each asset. Life cycle cost=original cost+ operating+maintenance+renewal+ decommissioning—salvage.cost. Estimates for each of these costs should be done broadly based on the Fiscal Year Budget and spreading costs over asset classes (i.e. manholes, pumps, etc.) City staff can adjust for specific assets as necessary based on asset's history. Attach cost to the Engineering News Record - Current Cost Indices (ENR-CCI) 20-City Construction Cost Index. Consultant shall calculate replacement costs for all assets, and attach cost to the Engineering News Record- Current Cost Indices (ENR-CCI) 20-City Construction Cost Index. 6) Consultant shall interview City Staff in regards to the City's maintenance responsibilities of existing facilities located within the Port District's jurisdiction. Existing responsibilities will be reviewed, and recommendations will be made based on the identified Levels of Service (LOS) the existing Operations and Maintenance procedures are attempting to accomplish. Required Sustainable Level of Service 7) Consultant shall determine the target LOS for the wastewater collection system. Consultant shall meet with City Staff to review the existing LOS, if previously identified. Consultant shall update and revise these LOS as necessary,making sure that all state and federal regulations are included, as well as compliance with recent Waste Discharge Requirements (NVDRs). 8) For each LOS, Consultant shall identify a Key Performance Indicator (KPI) which quantifies a measureable outcome for each LOS. Examples of KPI's include: 100% permit compliance, Sanitary Sewer Overflows ("SSOs")per 100 miles,response time to customer complaints, service interruption duration, service interruption notification, training hours per employee, injury incident rate, Odor and air emission goals, etc. For WDR compliance, 2014-09-09 Agenda Packet Page 25 Page 102 Consultant shall ensure that any goals outlined in the City's Sewer System Management Plan are also included. 9) For each LOS, Consultant shall identify the LOS Driver or the motivation for the LOS. Potential drivers include RCWQCB/EPA,Design Standards, Customer Service, Engineering Requirements, Self-Imposed, etc. 10) Consultant shall write and communicate to the public the LOS of the wastewater collections system, by developing public level of service "agreements" that describe the wastewater systems performance targets. Critical Assets to Sustain Performance 11) Consultant shall use the Percentage of Effective Lifecycle Consumed (Residual Life) to calculate a Probability of Failure (PoF) for each asset. PoF will range from 1 to 10,with a rating of 1 corresponding to 0% of effective life consumed, and a 10 representing 90% of effective life consumed. 12) Consultant shall determine the Consequence of Failure (CoF) for each asset. CoF will range from 1 to 10,with 1 representing no impact to failure and 10 indicating an Extremely Severe impact to failure. For assets identified as LOS, Capacity or Efficiency modes of failure, CoF will consider costs to repair, revenue loss, costs to safety and the environment, as well as regulatory costs. 13) For the remaining wastewater assets, Consultant shall first assign a preliminary CoF Value based on estimated flow rates from the hydraulic model. These ratings will then be adjusted to account for. Proximity to Rivers and Water Infrastructure o Proximity to Storm Drains • Easements and accessibility for repairs (i.e. rail crossings, freeways, etc.) • Streets and Businesses Affected e Reporting and Regulatory Implications • Additional city-identified economic, social and environmental (triple bottom line) implications. 1 4) Consultant shall next determine a Redundancy Rating (R) for each asset. Consultant shall determine the percent reduction in Consequence of Failure (CoF) for those assets having redundant back-ups. Redundancy MUST reduce consequence of failure, and is applicable to pumps and parallel pipelines. Percent reduction in COF will account for partial, full and double redundancy. Consultant shall calculate Redundancy Rating (R) for each asset.R= (100--- Percent Reduction to CoF)/100. For example, a pump with full redundancy, 2014-09-09 Agenda Packet Page 26 Page 103 would indicate a 90% reduction.to CoF, and thus an R= 0.10. =(100— 90)/100. 15) Consultant shall then assign a Business Risk Estimate (BRE) for each asset. Business Risk Estimate is calculated as BRE=PoF x CoF x R, with a range of 0 (minimum risk) to 100 (maximum risk).BRE will be calculated for all assets, including;the 200 specific assets provided by the City for which Consultant shall do an additional review to ensure BRE rankings and modes of failure have been correctly and sufficiently assigned. For each of these 200 assets, Consultant shall develop a list illustrating the modes of failure, Business Risk Estimate and Consequences of Failure. Minimum Life Cycle Costs 16) Consultant shall hold a series of five (5) meetings and interviews to identify all current Operations and Maintenance (O&M)procedures,and the information that is being generated/collected as part of these procedures. Consultant shall identify costs of each procedure for all included assets from budget (i.e. Cost to clean all server pipes, CCTV efforts, rodding schedules, etc.) For each 0&M Procedure, the Consultant shall identify at least one(1) LOS Target that requires that procedure. There may be multiple LOS Targets for a single procedure. 17) Consultant shall evaluate if O&M costs are distributed equally over asset classes (i.e. all pumps receive the same O&M, etc.) or if high BRE assets are receiving higher prioritization. Consultant shall evaluate if LOS can be adjusted, thereby reducing 0&M costs. 1 S) Consultant shall develop SPECIFIC 20-Year Rehabilitation and Replacement Schedules. For each major asset class (lift stations,pumps, gravity mains, manholes, etc), Consultant shall determine the costs to repair,rehabilitate and replace. Consultant shall estimate costs and extended effective life for each asset graphically, and determine the best rehabilitation and replacement options. 19) Based on BRE scores,the CIP and O&M projects, Consultant shall identify those assets which are to be rehabilitated or replaced, and to be included in the 0 &M Budgets with estimated probable estimated costs. 20) Consultant shall also develop a SPECIFIC 20-Year monitoring program for the City.For those assets with high Probability or Consequence of Failure, Consultant shall review and augment existing monitoring programs to include all necessary assets based on ratings. Consultant shall develop probable estimated costs for the monitoring program. Pa 2014-09-09 Agenda Packet ge 27 Page 104 Long-Tema.Funding Strategy 21) Consultant shall identify and quantify the Capital and Operating costs associated with the City's wastewater collection system. Costs for the next 20 years will be based on the CIP, as well as the Rehabilitation, Replacement and Monitoring Programs developed in the previous section. 22) To estimate these costs from Years 21 to 30, Consultant shall calculate each asset's projected BRE in this decade. Consultant shall determine which assets will be replaced,rehabilitated,renewed and monitored based on BRE, PoF and CoF. Probable estimated costs will be developed. Consultant shall repeat this approach for subsequent decades (Years 31 to 40, etc.) until 100 Years. Consultant shall determine the maximum life for each asset that will be allowed prior to requiring replacement (i.e. the replacement model assumes an asset must be replaced when its age is 150% of the effective lifecycle.). 23) Consultant shall evaluate the existing Sewer Facility Replacement Fee, and evaluate revenues and revenue requirements ensuring the financial sustainability of the Sewer Facility Replacement Fund. The sewer facility replacement requirements based on operating and capital budgets through 2050 (2012 included in"2011 Cost of Service and Rate Study Update for Sewer Services"). 24) Consultant shall recommend a dedicated reserve from current revenues (i.e. creating an asset annuity). The dedicated reserves need to be consistent with the proposed wastewater reserve policy to be established in fiscal year 2011- 12. 25) Consultant shall develop a preliminary funding playa, identifying major asset classes and modes of failure. If applicable, Consultant will identify funding from appropriate sources for financing asset rehabilitation,repair, and replacement through borrowing or other financial assistance. V. CIP 1) For full build-out of the City, Consultant shall recorxnmend improvements to the wastewater collection system needed along with the development of criteria to determine when the improvements need to be constructed. The evaluation of recommended improvements shall include existing sewer deficiencies. 2) Consultant shall evaluate capital expansion requirements using the CIP annual worksheet and schedule. The schedule shall show the total dollars expected to be spent every 5-year phase through 2050. Consultant shall also recommend an appropriate annual contribution(rate)based on future cash flow needs to ensure 2014-09-09 Agenda Packet Page 28 Page 105 fund availability to meet capital expansion needs through 2050. The contribution rate shall identify the mix of pay-as-you-go vs. debt financing. 3) Consultant shall prepare the long-range capital improvement program that shall incorporate and prioritize both the capacity-related improvements identified in the hydraulic model simulations and rehabilitation/replacemeat projects identified through the WAMP. The proposed CIP shall be a working document for the City to utilize in determining annual budgetary needs through 2050. 4) Consultant shall develop unit cost estimates and prepare capital cost estimates for proposed CIP projects. 5) Based on existing system analysis, Consultant shall identify capital improvement projects that are 100 percent responsibility of existing customers. 6) Consultant shall identify capacity constraints for existing peak flow conditions utilizing existing conditions provided in the City's Infoworks model. 7) Consultant shall run ultimate system simulations and identify capacity constraints under ultimate peak flow conditions utilizing projected land uses provided by SANDAG. Five--year intermediate phases and cumulative buildout projections will be modeled to estimate ultimate peals flow conditions based on future land use sub-basin projections at years 2015, 2020, 2025, 2030, 2035, 2040, 2045, and 2050 basin build out scenarios. The analysis shall identify the impacted segments and their respective 5-year phase when improvements are needed and Equivalent Dwelling Unit thresholds for the maximum EDUs that will be allowed in each basin before improvements are needed. 8) Consultant shall review availability of low interest State and Federal loans and grants. Evaluate which CIP projects may qualify for these programs. Compute maximum debt capability of City for sewer projects. Compute maximum pay-as- you-go funds available for capital replacement needs. Compute recommended mix of pay-as-you-go versus debt financing. Develop alternative funding options and alternative capital replacement needs until there is a reasonable match between fund availability and capital replacement needs (iterative process). Prepare long term forecast options for City Council consideration. 9) City will provide all pertinent Infoworks hydraulic model input data. Minor updates to the data will be made (if necessary)based on current information available to either party. 10)All models used to determine sewer deficiencies will become the property of Chula Vista and shall be Infoworks software compatible. 11)Consultant shall provide a maximum of 80 hours of technical support to City staff. 12) Consultant shall evaluate future capacity needs in METRO based on wastewater flow projections for the City. 2014-09-09 Agenda Packet Page 29 Page 106 VI. Sanitary Sewer System_Requirements and Standards 1) Consultant shall summarize the requirements and standards for the installation of new sewer facilities and rehabilitation of existing sewer facilities. 2) Consultant shall provide any modifications to the Subdivision Manual. 3) Regulatory Issues: This element will summarize current federal and state regulations that impact the operation and maintenance of the collection system. Discussion relating to potential future regulations is also to be provided. 4) Intergovernmental Agreements: The City has intergovernmental agreements with the City of San Diego and County of San Diego for wastewater treatment and wastewater collection and conveyance that are served by these agencies. Consultant shall review these existing agreements and make recommendations regarding consistency and clarity to ensure all parties' interests are maintained. VII. Emergency Response Requirements 1) Consultant shall review and evaluate the City's sanitary sewer overflow emergency response procedures and identify procedure improvements if warranted. 2) Consultant shall prepare for and attend one meeting with Public Works Operations to review sewer overflow emergency response procedures and concerns. 3) Consultant shall review overflow history and problem areas and include in the final report future Capital Improvements Projects to mitigate potential overflow problems. VIII. Project Management 1) Consultant shall provide project management tasks including staffing assignments, budget administration, and preparation of brief progress reports to be submitted to the City prior to attending progress meetings. 2) Consultant shall prepare for and attend progress meetings with City staff to discuss overall progress and schedule of the flan. Twelve (12) progress meetings shall be scheduled monthly or bi-monthly through the course of the project. 3) Consultant shall provide QA/QC for project tasks. DC. Community Outreach Program •1) The Consultant shall develop a community outreach program and a system for public input. The Consultant shall coordinate and hold two public workshops at an easily accessible centralized location, the first at the beginning of the project to gather public input, discuss the goals and scope of work, and the second to present recommended projects and draft capacity fees, Consultant shall prepare the first draft public outreach materials for the City staff to review in advance of any f 2014-09-09 Agenda Packet Page 30 Page 107 presentations. The Consultant shall provide presentation materials including handouts and large-scale graphics and mapping on aerial photographs to clearly display information and for compiling user comments. 2) Consultant shall create an online survey to be available throughout the duration of the project. X. Draft Plan 1) The Consultant shall prepare a draft Plan composed of the tasks and elements completed up to this point in the process. The consultant shall provide five hard copies of the draft plan and an electronic copy in PDF format on CD-ROM. The Consultant will not be required to submit full-color or full-size attachments,maps, or exhibits at this time. The City will review the draft and make recommendations to be included in the final draft. XI. Ci1y Council Presentation 1) Consultant shall conduct a series of one-on-one presentations with the City Council members over a two day period. These meetings will allow the Consultant and City staff to present the study findings and recommendations, allow Council members to ask questions and provide guidance as necessary. 2) The Consultant shall give a presentation to the City Council (estimated to be in September 2012) as part of the Council action adopting the Plan. Consultant shall create and review all public outreach material with staff in advance of any presentations. XII. Final Plan 1) Following the City's review and approval of the Plan, the Consultant shall provide 25 copies of the final version of the Plan including a D-sized pocket map to be presented to various City leaders and to be made available to the public. One (1) copy must be printed on one side only and clipped together(not bound)to facilitate copying. The Consultant shall provide a master copy of the Plan and a copy, broken down by chapters, in PDF format on CD-ROM for future duplicating needs, and for posting on the City's website. The City must have the ability to purchase additional copies of the adopted Plan for 90 days after the City Council adopts a resolution, at a not-to-exceed price per full color copy of$50, and pocket maps at$15 each. 2) The report shall contain an executive summary that provides a clear and concise overview of the study and its recommendations. The main body of the report shall provide additional detail and supporting charts and graphs. B. Date for Commencement of Consultant Services; (X) Same as Effective Date of Agreement Page 31 2014-09-09 Agenda Packet Page 108 ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Consultant shall complete the Defined Services by Consultant as shown in Section. 8- Scope of Work Tasks I to XII no later than April 30, 2013. D. Date for completion of all Consultant services: April 30, 2014 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( } 1. Interim Monthly Advances. The City shall malce 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 roust be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed,the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate,but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( } Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. 2014-09-09 Agenda Packet Page 32 Page 109 { ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided,but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( X) Hourly Rate Arrangement Not to Exceed Limit Per Phase For performance of the Defined Services by Consultant as shown in Section S- Scope of Work Tasks I to XII and, 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 or the Maximum Fee per phase designated in chart below,whichever is less, according to the following terms and conditions: fPhase — — Maximum Fee ----- ( per phase 1. Research-includes items in Section 8.A.I(1-8) above, as well as the kickoff $15,835 i meeting and Community Meeting#1. Deliverables:Preliminary Mapping I of existing sewer mainlines,manholes,pump stations, sewer access maintenance roads,junction and diversion structures(shape files and paper maps), along with a working paper or memorandum discussing the relevant documents and issues and providing recommendations for updates,changes and additions to the current Wastewater Master Plan. 2. Evaluate Sewage Generation Rate -A working paper or memorandum on $23,090 relevant model calibration and new sewage generation issues, and other elements addressed in Section 8.A.I1(1-3) above. t 3. Evaluate Capacity Fees -A working paper or memorandum on $53,335 transportation and treatment capacity fees and other elements addressed in i Section 8.A.III(1-3) above. ^4. Evaluate Wastewater Asset Management-A working paper or memorandum $55,600 s on critical assets to sustain performance,minimum life cycle costs, and long- term funding strategy and other elements addressed in Section 8.A.1V (1-19) 2014-09-09 Agenda Packet Page 33 Page 110 above, 5. Evaluate CIP -A working paper or memorandum on calibrated model, $48,760 threshold criterion,the extent of sewer system deficiencies and required upgrades and other elements addressed in Section 8.A.V(1-12) above. 6. Evaluate Sanitary Sewer System and Emergency Response Requirements- $26,950 A working paper or memorandum on rehabilitation and replacement requirements,modifications to the Subdivision Manual, emergency response requirements and other regulatory issues addressed in Section 8.A.VI and VII above. -- 7. i Draft Wastewater Master Plan —_ $24,570 ! $59 275 � 8. I Final Wastewater Master Plan. Includes Final Community Workshop, ,� Workshop Preparation and City Council Presentation 9. I Project Management-Elements addressed in Section VIII(1-3) above are Included in included in other tasks. other phases j ---�-� -----�--� �-- � For a total amount of $307.415. Upon mutual agreement, Consultant shall perform additional tasks, other than Defined Services by Consultant as shown in Section 8- Scope of Work Tasks I to XII, if requested in writing by the Director of Public Works and under the same terms and conditions (same Rate Schedule herein) of this Agreement. (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant, and only upon written authorization from the Director of Public Works, for$307,415, including all Materials, and other "reimbursables" ("Maximurn Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Professional Engineering Intern/Technician ...............$ 65 CADD Designer I/Engineer I ................ $ 105 Graphic Designer....................................... $ 110 CADD Designer II/Engineer II.............$ 115 CARD Designer III/Engineer III .......... $ 125 Designer/Project Engineer...................... $ 135 2014-09-09 Agenda Packet Page 34 Page 111 Senior Project Engineer............................ 155 Senior Project Engineer Planning&IS - 175 Project Manager.....................1111................ $ 175 Senior Project Manager. ............................ $ 185 Principal....................................................... $ 190 Principal Planning&IS.......................--. .111 �?00 Surveying Principal Surveyor ...................................... $ 150 Project Surveyor......................................... $ 130 Field—2 Man Crew................................... $ 170 Office-Survey Drafting............................. $ 130 Administrative Administrative Clerk................................. $ 60 Word Processor/Admin Support............ $ 75 Environmental Intern/Technician ...................................... $ 65 Env Specialist I/Project Coord I............. $ 95 Technical Editor......................................... $ 90 Lead Technical Editor................................ $110 Graphic Artist....................................1.1...11. $ 110 Env Specialist II/Project Coord II ......... S 105 Env Specialist HI/Project Coord III ...... $ 115 Project Manager I ....................................... $125 Project Manager II ..................................... 135 Senior Project Manager. ............................ $ 185 Principal....................................................... $ 190 *Construction Construction Inspector.......... ....... 110 Senior Construction Inspector.................$ 125 Resident Engineer...................................... $ 140 Construction Manager............................... $ 160 Sr. Construction Manager......................... $ 175 CM Coordinator......................................... 395 ?asst CM Coordinator................................ $75 Flow Monitoring Field Tech I ............................I.................... $60 Field Tech II ............................................... $ 80 Field Tech III .............................................. $ 90 Field Supervisor.......................................... $ 100 Field Operations Manager........................ $125 Project/Data Manager ............................... $135 ( ) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or mounts set forth below: ( X) None, the compensation includes all costs. 2014-09-09 Agenda Packet Page 35 Page 112 Cost or Rate ( ) Reports, not to exceed$ ( ) Copies, not to exceed S S ( } Travel,not to exceed S ( } Printing, not to exceed $ S ( ) Postage, not to exceed$ $ ( ) Delivery, not to exceed$ ( } Long Distance Telephone Charges,not to exceed S $ ( ) Other Actual Identifiable Direct Costs: S not to exceed S S not to exceed S S 12. Contract Administrators: City: Roberto Yano, Senior Civil Engineer Public Services Building 276 Fourth Avenue Chula Vista, California 91910 Phone: (619) 476-2402 Consultant: Scott Humphrey, PE, GISP Infrastructure Engineering Corporation 14271 Danielson Street Poway, California 92064 (858) 413-24001 FAX: (858) 413-2400 13. Liquidated Damages Rate: ( ) S per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable.Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No, 2. Interests in real property. 2014-09-09 Agenda Packet Page 36 Page 113 ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory,permit or licensing authority of the department. { ) Category No. 4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years,have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which,within the past two years,have contracted with the designated employee's department to provide services, supplies, materials,machinery or equipment. { ) Category No. 7. Business positions. { ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 15. Permitted Subconsultants: Bartle Wells Associates 1. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly { ) Quarterly { ) Other: 2014-09-09 Agenda Packet Page 37 Page 114 B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month O Other: C. City's Account Number: 2601223413 SW-223 2. Security for Performance ( ) Performance Bond, S ( ) Letter of Credit, ( ) Other Security: Type: Amount: { ) Retention. If this space is checked,then notwithstanding-other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % { ) Retention Amount: $ Retention Release Event: { ) Completion of All Consultant Services { ) Other: JAEngineer\SEWER\WWMP SSNIP VERNtI iN\WWMP\Agenda-Contract\IEC contract.doc 2014-09-09 Agenda Packet Page 38 Page 115 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFRASTRUCTURE ENGINEERING CORPORATION (IEC) For the provision of developing a Wastewater Master Plan Update. RECITALS WHEREAS, on December 6, 2011, the City Council approved an agreement between the City of Chula Vista (City) and Infrastructure Engineering Corporation (IEC) for developing a Wastewater Master Plan Update (Agreement); and, WHEREAS, as the work on the study progressed, it became evident that additional services would be needed beyond what was defined in the original scope of work; and, WHEREAS, this amendment to the Agreement (1" Amendment) identifies the additional services to be performed by the Consultant; and, WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the additional services identified in this I"Amendment to City in accordance with the time frames and the terms and conditions of the Agreement as amended hereby. NOW, THEREFORE. for good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and IEC agree to amend the Agreement as follows: 1. Add item 13 to Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task V CIP, which shall read as follows: 13)The Consultant shall evaluate multiple sewer modeling iterations for buildout conditions. 2. Amend Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task IX Community Outreach Program to read as follows: 1) Finalize Outreach Pr©gram: This task provides for 1EC's outreach lead to work with City staff to develop and finalize the outreach program, including: • "messaging' and project identity to ensure a consistent and credible outward face for the master planning effort e the list of stakeholders included in the outreach effort outreach goals, including any information needed from each stakeholder group and the most effective ways of obtaining it e key hard-copy web and meeting deliverables 1 2014-09-09 Agenda Packet Page 116 • outreach schedule • roles and responsibilities • joint meetings with Rate Study consultant covering the City's upcoming sewer rate review and billing changes in addition to the Wastewater Master Plan effort The outreach program shall include a combination of small-group meetings with key stakeholders (upper management; elected officials and staff; the development community; members of the business and hospitality communities; landlord and tenant associations, etc.); and larger meetings for the general public. IEC shall provide for an online presence and supporting hard copy collateral describing the master planning effort (e.g., master planning need, goals, and process; opportunities/needs for public input; Frequently Asked Questions). IEC shall provide an augmented scope to cover the use of social media such as Twitter and Facebook approaches. The outreach will be frilly bilingual in English and Spanish; City staff will handle translation inhouse and IEC shall facilitate an efficient workshare with City staff. The results of Task 1 shall be captured in a concise and substantive Outreach Action Plan that identifies roles and responsibilities along with schedule, providing a comprehensive "to-do list" for outreach implementation. The Outreach Action Plan shall include the following specifics. • Number, format, and specific goals of public meetings, and associated collateral and support needs (notices, e-blasts, PowerPoint presentations, posters/exhibits, informational flyers, etc.) • Number and format of "freestanding" hard copy collateral needs (e.g., project overviews,Frequently Asked Questions) • Website collateral needs • Outreach implementation timeline, with the following types of milestones clearly identified -- Due dates for draft collateral deliverables, along with completion deadlines for City reviews and due dates for revised/final collateral deliverables — Dates for distribution of e-blasts and hard-copy public notices — Timing of web page updates and other online and print press releases — Timing of public meetings and associated preparation activities — Timing of internal team meetings related to the outreach process The outreach implementation timeline shall be included as a component in the overall project schedule. 2014-09-09 Agenda Packet Page 117 City staff will serve as the official "face" of the master planning effort but that the majority of the behind-the-scenes work to develop outreach and meeting materials, facilitate meetings, etc. shall be performed by IEC, functioning as staff extension for the City. IEC shall deliver the Outreach Action Plan in draft for City review, and shall revise and finalize it based on one round of City review comments. The final Plan shall be delivered in PDF (and if requested, hard copy) for easy reference as the master planning effort moves ahead. ?) Develop Outreach Materials: This task provides for the development of the following basic outreach materials. For each deliverable, IEC shall prepare a draft submittal and one to two rounds of City review, followed by delivery of a revised/public-ready version for City translation. Once the translation is ready, IEC shall provide the final production formatting and deliver a print-ready PDF. The City will handle reproduction and mailing. • General public hard copy collateral: project overview covering all three projects, Frequently Asked Questions covering all three projects, and as many as four project notice mailers (project introduction, first community meeting invitation, two in-progress notices/follow-up meeting invites if needed) • Special-audience hard copy collateral: Elected Officials' Executive Su777117aly (English-only), Developers Overview (English-only). Elected officials will also receive a late-stage draft version of the general public collateral materials • Web collateral: 3-project overview/introduction text; project overviews and Frequently Asked Questions for all three projects. IEC shall provide web collateral in Word format with City staff managing the coding and website updates. IEC shall update the web collateral following the general community meeting milestones • Up to 5 in-progress e-blasts for distribution to key stakeholders; the City will distribute the e-blasts via Nixle with IEC's role focusing on providing the text 2014-09-09 Agenda Packet Page 118 3) Conduct Outreach Meetings: At a minimum, the Consultant shall hold the following meetings: Upper Alarragernent and Elected Officials "Heads-Up" Briefings. IEC shall assist City staff in providing "heads-up" briefings to upper management and elected officials at important project milestones: prior to the initiation of outreach; before the projects are presented to Council for approval; and at one in-progress milestone if needed. The intent of these meetings is twofold — (1) to provide advance notice and share basic information on the projects, including plans for stakeholder engagement; and (2) to provide an opportunity for elected officials in particular to voice any concerns they would like to see addressed in the projects. Upper management will briefed separately, in advance of briefings to elected officials; and elected officials will be briefed individually to ensure Brown Act compliance. With this in mind, IEC shall provide a total of 18 heads-up briefings. IEC shall provide an up-front Elected Officials' Executive Srlmmary overview sheet aimed specifically at providing key information to electeds and their staff. Key Stakeholder Small-Group Aleetings. IEC shall also assist the City in presenting the projects to the development community (via the regular developers' round-table meetings) and up to two additional `'key stakeholder" groups from the business community. IEC shall provide up to 6 small-group meetings, comprising an initial presentation and a follow-up presentation for each group. General Community Meetings. IEC shall provide support to City staff in presenting the projects to the general community. To make it as easy as possible for members of the public to attend, it is assumed that the east and west sides will be served by separate meetings; accordingly, IEC shall provide two initial meetings and two follow-ups, for a total of four general community meetings. For each meeting, IEC shall ensure that the Sewer Rate Study Consultant is present and shall facilitate a joint presentation of Sewer Rate Study, Sewer Billing changes and the Wastewater Master flan Update. The following materials shall be provided and/or presented by Consultant at each meeting. • PowerPoint presentation • Meeting signage (for public meetings) • Attendance roster and attendee contact information • Comment cards enabling written comments from meeting attendees • Meeting facilitation if desired 4 2014-09-09 Agenda Packet Page 119 Following each meeting, IEC shall deliver a list of meeting attendees and a complete set of meeting notes/minutes, including a summary of all verbal and written comments and inquiries received. IEC shall also update the hard copy and web-based Frequently Asked Questions pages as a follow-up to each meeting. 4) Prepare Outreach Summary Memorandum Following the completion of the public outreach program, IEC shall prepare a concise file memorandum documenting the outreach process and summarizing the input received and the ways community input has been used in City planning. The memorandum will be suitable for incorporation as an appendix to the new Wastewater Master Plan Update and for inclusion with the information packet prepared for City Council approvals. IEC shall deliver the memorandum as a Word- format draft for ease of review, shall revise based on City review, and shall provide the final version in PDF and hard copy. IEC shall also assist with the preparation of the staff report. 3. Amend Exhibit A, Paragraph 8. Scope of Work and Schedule, A. Detailed Scope of Work, Task XI City Council Presentation, item 1 to read as follows: Consultant shall conduct a series of one-on-one presentations with the City Council members. At these meetings the Consultant and City staff shall present the study findings and recommendations to the Council and answer any questions posed by Council related to such study and recommendations. provide an opportunity for the Council members to ask relevant questions, and , delete "over a two day period". After "necessary", add the following: "for sewer rate, sewer billing and Wastewater Master Plan issues". In Item 2, delete "Plan", add the following: "necessary resolutions". 4. Amend Exhibit A, Section 10. Compensation C. Hourly Rate Arrangement Not to Exceed Limit Per Phase, as follows: Delete"548,750" in phase 5 maximum fee and replace with"69,735". Delete '159,275" in phase 8 maximum fee and replace with"116,800". Delete"S307,415" in total amount of phases and replace with "$385,915". 5. All other terms of the Agreement shall remain in full force and effect. [Next Page is Signature Page.] 5 2014-09-09 Agenda Packet Page 120 SIGNATURE PAGE TO THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND INFRASTRUCTURE ENGINEERING CORPORATION For the provision of Developing a Wastewater Master Plan Update. IN WITNESS WHEREOF, City and IEC have executed this First Amendment to the Agreement indicating that they have read and understood the First Amendment and indicate their fall and complete consent to its terns: Dated: 12003 City of Chula Vista By: ;OLj//� �C.. Cheryl Cox, ayo,11 Attest: Donna Norris, Ci y Clerk Approved as to form: a gins, City Atton ey Dated: Infrastructure Engineering Corporation By: _ Presto e is,President Exhibit List to First Amendment to Agreement: (X) Agreement between the City of Chula Vista and IEC dated December 6, 2011 9:1EngincerlSEWERIWWTy1P SSMP VER f NIWWMP\ContractAmendment\IEC is€Amendment.doc 6 2014-09-09 Agenda Packet Page 121 Infrastructure Engineering Corporation August 13, 2014 Mr. Roberto Yano Public Works Department City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Reference: Request for Additional Authorization for Additional Hydraulic Model and Asset Management Training Dear Mr. Roberto: Please accept this letter as a request for additional authorization for services outside of the original Scope of Work for the wastewater master plan update project, specifically relating to additional training needed to evaluate modeling of potential new developments, further analysis of asset management scenarios, and additional technical support services. At the City's request, IEC is proposing the following scope of services: Additional Hydraulic Model Training — IEC will perform hydraulic model training for City Staff that covers the methodology and steps required to evaluate the impact of potential new developments on the City's wastewater collection system. Analysis of Asset Management Scenarios— IEC will analyze additional asset management"what if' scenarios that account for different repair/rehabilitation and monitoring strategies and analyze the cost implications of those scenarios on the existing asset management plan, developed as part of the Master Plan. Technical Support— IEC will provide 1 year of technical support to the City to answer questions and address issues that arise after the hydraulic model training and asset management software training are complete. IEC is respectively requesting additional authorization in the amount of$28,140 (fee estimate attached)to perform the work described above. Please feel free to contact me if you have any questions or need any additional information. Sincerely, �gJ Scott Humphrey, P.E. Senior Project Manager cc: Shawnele Morelos, IEC Luis Pelayo, City of Chula Vista File 20AId4i&Mg� WdaPIj&eJ02, Oceanside, California 92054 T 760.529.0795 F 760.529.0785 www.iecorporotion.com Page 122 , ) \ \ ° / \ § § � ) 3 ® ® \ \ \\ / k $ e9 < % \ ( \ } § kk 20 � - + ~ § ( ( \\ E ) « « 0 ƒ E LL \ \ 3 ) ) \ ) ) \ \ a ) \ t [ ) ( ( ) \ ) ) ) ) \ ) cu % z \ \ � 9 � E � c RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY AND INFRASTRUCTURE ENGINEERING CORPORATION (IEC) FOR TRAINING CITY STAFF ON REVISING AND EVALUATING THE HYDRAULIC MODEL USED IN THE WASTEWATER MASTER PLAN UPDATE WHEREAS, in Fiscal Year 2011-12, Council approved Capital Improvement Program, SW223 "Wastewater Master Plan" in the amount of $500,000 to cover the costs of consultant services and staff time; and WHEREAS, on December 6, 2011, by Resolution No. 2011-236, the City Council approved an agreement with Infrastructure Engineering Corporation (Consultant) in the amount of$307,415 to provide consultant services for developing a Wastewater Master Plan Update (the "Agreement"); and WHEREAS, on May 28, 2013, by Resolution 2013-096, the City Council approved the first amendment to the Agreement, adding additional services and increasing the amount by $78,500 for an amended contractual amount of$385,915; and, WHEREAS, as the Consultant proceeded with the contract and study progressed, it became evident that additional professional services would be needed beyond what was defined in the original scope of work; and, WHEREAS, the additional $28,140 of additional services proposed by the Consultant to be performed under Second Amendment will increase the contract amount up to $414,055; and, WHEREAS, the Second Amendment to the Agreement will allow for the training of staff in modeling new development and asset management scenarios; and, WHEREAS, the Consultant's team has been responsive to City issues and project needs, and staff is satisfied with the Consultant's performance; and, WHEREAS, staff recommends that the Agreement with the Consultant be amended to include additional services and increase the compensation by $28,140 to a maximum compensation amount of$414,055. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amendment to the Agreement between the City and Infrastructure Engineering Corporation for the Update of the Wastewater Master Plan Update, 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. C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @9COCDF32\@BCL @9COCDF32.doc 2014-09-09 Agenda Packet Page 124 Resolution No. Page 2 Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 125 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0447, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND I LOVE A CLEAN SAN DIEGO FOR TWO ADDITIONAL YEARS WITH FOUR, ONE-YEAR OPTIONS RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Environmental Services Section of the Public Works Department was recently awarded a $916,800 grant from CalRecycle. City staff is requesting Council approval of an addendum to the existing contract with I Love A Clean San Diego (ILACSD) to include this new grant work. ILACSD will continue to perform the same work they currently provide in order to meet the objectives of the regional grant. The new contract term will be two years with four, one-year renewal options, not to exceed $160,000 annually. 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 proposal consists of a continuing administrative action involving the renewal of a current waste management franchise agreement that will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA review. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Chula Vista was successful in winning a $916,800 regional grant for the used oil and used oil filter recycling program. The funds will be used for public education, outreach, and hotline referral services for unincorporated San Diego County and the cities of Chula Vista, Imperial Beach, National City, Coronado, Lemon Grove, La Mesa, El Cajon and Santee. This was the largest grant award under the Department of Resources Recycling and Recovery's (CalRecycle) used oil program. CalRecycle encouraged jurisdictions to form regional partnerships when applying for the grant to concentrate funds and maximize regional results for the program. The term of the grant is two years and will focus on countywide used motor oil and oil filter recycling public education and outreach split into two, one-year campaigns. One of the work projects under the grant is continued work with I Love A Clean San Diego (ILACSD) to use their well-known regional environmental information referral services - a bilingual telephone City of Chula Vista Page 1 of 5 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 126 File#: 14-0447, Item#: 6. hotline, 1 (800) 237-BLUE (2583), and their online search database, www.wastefreesd.org <http://www.wastefreesd.org>. ILACSD offers a broad range of expertise in environmental education program design and implementation, and, environmental issue outreach which includes resource conservation, waste reduction and recycling, community enhancement, and pollution prevention. ILACSD provides staffing for environmental work such as used oil filter exchanges, age-appropriate classroom presentations, volunteer coordination for community clean-ups, etc. ILACSD is a private 501(c)(3) nonprofit organization. Staff is requesting City Council approval of an addendum to the existing contract with ILACSD to include this new grant work. ILACSD will be providing the same services they are currently providing for the South Bay and East County Used Oil Program; however, the extent of these services will increase now that unincorporated areas of the County are included in the grant. The new contract term will be two years with four, one-year renewal options, not to exceed $160,000 annually. City staff bid out these services several years ago for the original agreement. Two bids were received, one from ILACSD and the other from the Solana Center for Environmental Innovation, which is based in Encinitas. The Solana Center for Environmental Innovation's proposal included subcontracting most of the work to ILACSD to avoid having Solana Center staff driving from Encinitas to Chula Vista. The County of San Diego bid out these services around the same time, and reached the same conclusion. With both jurisdictions working on the same type of grant program development and promotion, costs have been reduced even further through joint development efforts. The City's current contract with ILACSD is within the first, one-year extension of the original contract. Staff is requesting Council approval of the addendum to the contract which reflects the new grant work in addition to existing contract work and includes an extended term to cover the time period of the new grant, with corresponding increases in the respective service fees. Listed below are the summaries of the work agreements for each program project covered by the contact. Copies of the detailed scope of work for each program have been included as attachments to the contract. • South Bay and East County Used Oil Payment Program Grant - Chula Vista, Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, Santee, Oil Payment Program Fund, _ $38,500 • School/Organization Environmental Education Presentations - minimum of 20 and a maximum of 50 within all participating jurisdictions. Topics will include used motor oil and oil filter recycling, storm water pollution prevention, and additional topics requested by the Regional Program • Used Motor Oil Referral Services - Bilingual hotline 1 (800) 237-BLUE (2583) and online database www.wastefreesd.org <http://www.wastefreesd.org>. • New Regional Used Oil Competitive Grant Program - Chula Vista, Imperial Beach, La Mesa, Lemon Grove, National City, Santee and unincorporated San Diego County Used Oil Competitive Grant Fund, _ $72,000 (per year, two year program) • Staff time to answer increased volume of calls to the bilingual hotline 1 (800) 237 -BLUE during the two, one-year campaigns • Research and updates to the online database www.wastefreesd.org <http://www.wastefreesd.org> City of Chula Vista Page 2 of 5 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Legage 127 File#: 14-0447, Item#: 6. • Tracking and reporting on hotline and database usage throughout the region • Communications and meetings with regional partners • Present updates on campaign's success and database stats to regional partners • Programming and design improvements to the database as necessary • Associated fees for web hosting, phone, and internet • Environmental Education Presentations to the Chula Vista Elementary School District and the Boys & Girls Club of South County, Environmental Services Fund, _ $27,750 • Environmental Education Presentation Updates - ILACSD continually updates the educational presentation to be current, more effective, engaging, and inspiring; recently added topics include composting of organic materials and energy and water conservation • Environmental Education Presentations - 35 presentations at Chula Vista schools and organizations • Environmental Education Afterschool Program - four-week afterschool program for attendees of the South County Boys and Girls Club, Chula Vista. Four-part program to include waste reduction, recycling, composting, and household hazardous waste • Recreation Day Camp sites may be added as we move forward for an additional charge • Beautify Chula Vista Day - coordination and outreach assistance for annual litter clean -up event, Litter Reduction Grant Fund, _ $11,635 I Love A Clean San Diego will: • Attend planning meetings • Apply updates to the Beautify Chula Vista website • Solicit in-kind donations through local vendors • Manage online volunteer registration and follow-up with large groups • Assist in defining teams and work areas • Market event through ILACSD volunteer base and media contacts • Correspondence with volunteers • Outreach to local community groups, schools, and places of worship to recruit City of Chula Vista Page 3 of 5 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 128 File#: 14-0447, Item#: 6. volunteers o Manage onsite registration and volunteer check-in o Assist with recruiting team leaders o Provide assistance as needed, e.g. food service, raffles, etc. o Utilize ILACSD vehicles at the event to support trash bag pick-ups throughout the event's area of focus These projects total $149,885 in the first year and $150,045 in the second year. The "not-to-exceed" amount of $160,000 allows for additional activities such as classroom presentations and oil filter exchange events, if needed, upon approval of the Environmental Services Program Manager. The impact of the commercials and other outreach strategies may generate requests for more presentations and activities than we currently have scheduled within the work tasks. 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 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 approval of the contract addendum with I Love A Clean San Diego supports the Healthy Community strategic goal of the City by providing used motor oil and oil filter recycling and educational outreach. The objective is to avoid the illegal dumping of motor oil on the ground, storm drains and landfills and recycle motor oil into viable new products. CURRENT YEAR FISCAL IMPACT All expenses associated with this contract are covered by CalRecycle grants and the Environmental Services Fund. City Council action will increase the contracted amount with I Love A Clean San Diego from $70,000 per year to a maximum of$160,000 a year (not to exceed). The fiscal year 2014/15 adopted budget includes funding for this project in the Waste Management and Recycling Fund. No additional appropriations are needed as a result of this change. ONGOING FISCAL IMPACT The contracted amount with I Love A Clean San Diego will increase from $70,000 per year to a maximum of $160,000 (not to exceed) per year due to increased work to meet the objectives of the new CalRecycle Grant. All expenses will be covered by CalRecycle Grant Funds and the Environmental Services Fund. Budget appropriations for future years will be considered by the City Council as part of the normal budget development process. City of Chula Vista Page 4 of 5 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 129 File#: 14-0447, Item#: 6. ATTACHMENTS Current contract with I Love A Clean San Diego Draft Addendum #1 to the Contract Staff Contact: Lynn France, Environmental Services Program Manager, Public Works Department, extension 5790. City of Chula Vista Page 5 of 5 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 130 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND I LOVE A CLEAN SAN DIEGO FOR TWO ADDITIONAL YEARS WITH FOUR, ONE-YEAR OPTIONS WHEREAS, The City of Chula Vista was successful in winning a $916,800 regional used motor oil and oil filter grant from the Department of Resources Recycling and Recovery (CalRecycle); and WHEREAS, CalRecycle encouraged jurisdictions to form regional partnerships to apply for the grant; and WHEREAS, Chula Vista provides administrative and lead agency functions for the South Bay and East County Used Motor Oil and Oil Filter Recycling Program which includes Imperial Beach, Coronado, Chula Vista, National City, Lemon Grove, La Mesa, El Cajon, and Santee; and WHEREAS, the unincorporated County of San Diego was invited to join the regional partnership for the purpose of this grant work; and WHEREAS, I Love A Clean San Diego provides a well-known regional environmental information referral service via their bilingual telephone hotline number 1 800-237-BLUE (2583) and their online search database www.wastefreesd.org, along with environmental issues education program design, implementation and presentation work to further the work of resource conservation, waste reduction and recycling, community enhancement and pollution prevention; and WHEREAS, the City of Chula Vista already has a contract with I Love A Clean San Diego to perform this work for existing grants and environmental programs; and WHEREAS, the increased scope of work for the new oil recycling grant program is more of the same work that I Love A Clean San Diego provides the City; and WHEREAS, the City desires to amend its contract with I Love a Clean San Diego to expand the scope of work and extend the term for two years, and to authorize the City Manager to exercise discretion in extending the agreement for up to four additional years. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amendment to the Agreement between the City and I Love A Clean San Diego 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, authorizes and directs the Mayor to execute same; and C:AUsers\GRAIVIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @D8133F15\@BCL@D8133F15.doc 2014-09-09 Agenda Packet Page 131 Resolution No. Page 2 authorizes the City Manager to exercise the four one-year options to extend the Agreement, at the City Manager's discretion. Presented by Approved as to form by Richard Hopkins, Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 132 Agreement between City of Chula Vista and I Love A Clean San Diego To Provide School and Cominunity Presentations, an Information Hotline and Event Work For the AB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs And The CalRecycle City/County - Beverage Container Recycling and Litter Reduction Funds. This agreement (Agreement), dated July 1, 2011 for the put-poses of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A to this Agreement (Exhibit A), Paragraph 1, 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, Paragraplis 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, this Agreement involves work to be performed in connection with the City of Chula Vista's AB 939 Waste Diversion and Recycling programs; to include public education and outreach to community groups, schools, youth organizations and general public; and WHEREAS, this Agreement involves work to be performed in connection with the Regional Used Motor Oil and Oil Filter Recovery and Recycling Programs, for the cities of Chula Vista(as Lead Agency), Imperial Beach,National City, Lemon Grove, La Mesa, EI Cajon, and Santee; and WHEREAS, this Agreement also includes work to be performed in connection with the City of Chula Vista's Beverage Container Recycling and Litter Reduction Grant Program; and WHEREAS, I Love A Clean San Diego was one of two organization to respond to a bid process and the other bidder subcontracted the work to I Love A Clean San Diego; and WHEREAS, I Love A Clean San Diego 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. 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. Page 1 Tim Parly Agreement Between Clip of Chula Vista and I Love A Clean San Diego to Conduct"school and couuiauritypresentatiotls,Inforrmdion Hotline and Event Work forAB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and h(twient Progrmns and fire Beverage Container and Litter Redaction Grant Funds. " 2014-09-09 Agenda Packet Page 133 ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph S, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph S, 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. Redactions in Scope of IMork. City may independently, or upon request from Consultant, from time to time; reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by mernbers of the profession currently practicing under similar conditions and in similar locations. a. No Wainer of Standctrd 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. 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 Page 2 Two Par.1,Agreement Between Qv of Chula f'ista and I Love A Clean San Diego to Conduct"school and conanrniin,preseatatioris,Information 11otGne and Event Wark forAB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Pq nent Programs and the Beverage Container and Litter Reduction Grand Funds. " 2014-09-09 Agenda Packet Page 134 to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees of 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 Forin CG0001). b. Aulo. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. TVC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d. EEO. 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: 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) Page 3 Tivo Pare-Agreeiaent Between City of Chula Vista and l Lore A Clemr Smt Diego to Conduct"school raid coatauraitppreserrtatiotis,Information Hotline and Event TMoM for A S 939 Wasfe Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Redaction Grant Funds. " 2014-09-09 Agenda Packet Page 135 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 & Oinissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City, At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Priinaly 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 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. Page 4 Two Part•Agreement Between 06,of Clnda FINta mid I LoveA Clean San Diego to Conduct"school acrd eouuurunit,presentafioees,Information Hotline and Event li'ork forAB 939 Ufaste Redaction and Recycling Program,Used Alotor Oil and Oil filter Grant and Pajvnent Programs and flee Bel erage Container trod Litter Redetetioa Crant Firads. " 2014-09-09 Agenda Packet Page 136 d. Acth,e Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. c. ff aiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: a. Relro 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 Ei,idence. 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 Coinpensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall fitrnish 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 tinge, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Page 5 Two Party Agreentettt Behreen Crn of Chula Vista and I LoveA Clears San Diego to Condttet"seltool amd comtnmititp presettiatraats,Inforivaliou Hotline anti Et-ettt ll`ork forAB 939 Waste Retittelion attd Recyrlirrg Program,Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 137 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 Iimit the Consultant's obligations under this Agreement, including Indemnity. D. Security for Performance L 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 inunediately 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.fnis.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such 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. Page 6 Two Party°Agreement Between City of Chula Hista and I Love Clean San Diego to Conduet"school and community presentations,Information Hotline and Event Work for AB 939 11asteRedaction and Recreling Progrom, Useel Motor 01l and Oil filter Grant and Payment Programs and the Beverage Container and litter Redaction Grant Funds. " 2014-09-09 Agenda Packet Page 138 ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Followini4 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 "checkniark" 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 willfiil misconduct of the Consultant, its agents, employees, or subcontractors. a. Errom and Oniis.sions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment 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 Page 7 Tiro PorO,Agreement Between 013,of Chrrta Vista and I Love A Clean San Diego to Conduct"school and ca»unr»rilj presentations,Information Holline and Erent Work for AB 939 Waste Reduction and ReQ di»g Program, Used Alolor Oil and Oil Filler Grant and Pa)amerrl Prograrrrs and pre Be!erage Colrlaimer a!d Litter Redmclior Gran(Funds. " 2014-09-09 Agenda Packet Page 139 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 refiinds, 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 govermnental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 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 terns of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. Page 8 Tivo Parrs,Agreement Betrveeu Qtip of Cluda Vista and I Love A Clear)San Diego to Conduct"sclrool and commrrr)ity presentations,Information Hotline rrud Erent Jf'orl:forAB 939 Waste Reduction and Recycling Program,Used Motor Oil and Oil Filler Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 140 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant fiarther warrants and represents that Consultant will iminediately 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. 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 suin of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). Page 9 Tivo Park,Agreellient Betjreen Cite of Chula['fsta aml I LoreA Clean Stuff Diego to Conduct"school atxl eomntnuitl,presentations,Information Hotline ruin Event H'ork for AB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Pgt'n+ent Progrfnns and the Bei,erage Container and Litter Reduction Grant Funds " 2014-09-09 Agenda Packet Page 141 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A.2., Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willfirl misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. If Consultant provides design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of Consultant's services. Consultant's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence, active negligence or willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligations and duties under this Agreement. Page 10 Two Partr Agreement Between Ott,of Chula Pula and I Lome A Clear San Diego to Conduct `school and comanrnrity^presentatiorrs,Information Hotline and Event Work for AB 939 Waste Reduction and Recycling Program,Used ilotor Oil and Oil Filter Grant and Paymrew Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 142 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other Iegal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. b. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. 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 fight 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 tip to the effective date of Notice of Termination,. B. Tea-mination 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 Ieast thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby Page 11 Two Party Agreement Between Qr of Chula Vista and I Lore A Clean Sant Diego to Conduct"school and co ummily presentations,Information Hodine and Erent D`ork for AB 939 Waste Reduction and Reycling Progrann, Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 143 expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees and to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit 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 umnet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." Page 12 TFvo Par4v Agreement Behveen Qv of Chula V1.sta amt I Love A Cleall San Diego to Conduct"school aced eoneneunily presentations,Inforinailon Hotline and Event{fork forAB 939 lVaste Reduction and Recycling Program, Used tllofor Oil and Oil Filter Grant and PaTiment Programs and lite Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 144 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 tinder 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 Linder 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 there. 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 connecrtion with the Project, Consultant agrees and shall require that it's agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Page 13 Two Part),Agreement Behveen Cite of Chula I'ista and I Love A Clean Sall Diego to Conduct"school mid eonanrauili,preeeratatioaas,Information Holline and Event ir'ork forAB 939 Maste Reduction acid Recycling Program, Used Alotor Oil and Oil Filter Grant and Pgi'ment Programs and the Beverage Container and Litter Reduction Grant Fields. " 2014-09-09 Agenda Packet Page 145 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 patties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or is principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any 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. K. 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. L. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has Iegal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. M. Governing Law/Venue. 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. Page 14 Two Paro,Agreement Between City of Chub Vista mtrtl Lored Clews Sal Diego to Conduct"school and eonroiauritp presentations,Information Hotline rind Erenl If'orkforAB 939 111aste Reduction a d Recycling Program, Used Motor Oil and Oil Filter Grant awl Payment Programs and the Beverage Container and Litter Reduction Grant Eauds. " 2014-09-09 Agenda Packet Page 146 (End of page. Next page is signature page.) Page 15 75vo Parh'Agreeeureut 13etrveerr Ci1V of Clurla Vista and 1 Lore A Clean Sus Diego to Conduct"school(aril emrmtumitypreseutatiotrs,hifornmation Flolline and Event WoM for AB 939 Muste Redaction usd RoZve ing Program, Used Motor Oil and Oil Filter Grant and Payment Program and the Bevertrge Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 147 Signature Page to Agreement between City of Chula Vista and I Love A Clean San Diego, To Provide School and Community Presentations, an information Hotline and Event Work For the AB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs And The CalRecycle City/County—Beverage Container Recycling and Litter Reduction Funds. IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their frill and complete consent to its tennis: Dated: C`y`-� City of Chula Vista By: 1Y12eb4L4La A"'4 S nne Brooks r. Procurement Specialist Attest: PIT, Donna Norris, City ler Approved as to form: Glen R. Googins, City Attorney Dated: I Love a Clean San Diego, By: �hG dw Pauline Martinson, Executive Director Page 16 Two Park'Agreement Between CY&of Clnda Vista and I Lore A Clean San Diego to Conduct"sclrool aml cautmrttiq Preseutatiorrs,Information 11olline and Event JVorh forAB 939 A'aste Redaction and Recycling Program, Used Motor Oil and Oil Filter Graw and PRrnrent Progreems rrrrrl the Beverage Container and Litter Redaction Grant Fiends. " 2014-09-09 Agenda Packet Page 148 Exhibit List to Agreement (X) Exhibit A. Exhibit A to Agreement between City of Chula Vista and I Love a Clean San Diego 1. Effective Date of Agreement: July 1, 2011 through June 30, 2013, with three, one-year extensions. 2. City-Related Entity: ( Q) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( } Other: , a [insert business form] (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4, Consultant: I Love A Clean San Diego 2508 Historic Decatur Road Suite 150 San Diego, CA 92106 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( Q ) Corporation -- 501 (c) (3) non-profit Page 17 Two Party Agreement Betiaeen City of Chula Yista and I Lore A Clean Still Diego to Conduct"school and co»ntatttity preseittalioits,Iitforuialioa Hotline and Evettt!York for AB 939!Paste Rednclloti and Rec;,clitrg Program, Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 149 6. Place of Business, Telephone and Fax Number of Consultant: 2508 Historic Decatur Road Smite 150 San Diego, CA 92106 Phone: (619) 291-0103 Fax: (619) 298-1314 7. General Duties: Public education and outreach per the terms and of the attached Scopes of Work and the corresponding grant agreements. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See attachments to Exhibit A B. Date for Connneneement of Consultant Services: ( Q) Same as Effective Date of Agreement—This Agreement will be in place for two years with three, one year extensions. Annual rate adjustments will be equal to the annual CPI adjustment for San Diego. ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No, 1: Provide Study Area Memo to City for review 21 business days from Effective Date of Agreement. Deliverable No. 2: Provide a draft memorandum to the City stating the intersection/segment LOS results 45 days from Effective Date of Agreement. Deliverable No. 3: Provide five (5) copies of the Draft Report to the City for review and comment twelve weeks from Effective Date of Agreement. D. Date for completion of all Consultant services: Fifty two (52) weeks from commencement of Consultant Services. 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( } Single Fixed Fee Arrangement. Page 18 Two Pare,Agreement Between Citr of Chula Vista and I Love A Clean Still Diego to Conduct"school and caauaauritp preserrtr+riaas,Irlforrurrlfo+f Hotlitre and Event 1{ork for AB 939 Merste Reduction and ReePeling Program, Used Motor Oil and Oil Filter Grant acrd Papa:errt Programs and the Beverage Container and Litter Reduction Grout Funds. " 2014-09-09 Agenda Packet Page 150 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 tune and materials basis of payment. B. ( } Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily Page 19 Two Party Agreenterrl Between Crt1'of Chula I rsta and I Love A Clean Sair Diego to Conduct"school and coanruurky presentations,Information Hofline and Event WorkforAB 939 Waste Redaction and Recycling Prograar, Used lifolor Oil and Oil Filter Grant arrd P(twitent Programs and the Beverage Container and Litter Redaction Grant Funds. " 2014-09-09 Agenda Packet Page 151 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 fiill retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( 0) 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 $70,000 per fiscal year, 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: ( ) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ $ Page 20 774,o Party,Agreeaeent Betiveex City of Cluda[vista aad I Love A Clean San Diego to Conduct"school and eotrortrnritp presetutatiotrs,Information Hotline and Event JJ'orkfor AB 939 Maste Reduction mid Recycling Program,Used rilotor Oil and Oil Filter Grant and Pr{rinent Programs and fire Beverage Container and Litter Redrretion Grant Funds. " 2014-09-09 Agenda Packet Page 152 ( ) Copies, not to exceed$ $ { ) Travel, not to exceed$ $ ( ) Printing, not to exceed$ $ ( } Postage, not to exceed$ $ ( ) Delivery, not to exceed$ $ ( ) Outside Services: $ O Other Actual Identifiable Direct Costs: $ not to exceed$ $ not to exceed$ $ 12. Contract Administrators: City: Lynn France, Environmental Services Program Manager 276 Fourth Ave, Chula Vista, CA 91910 619 585-5790 direct line Ifrance@chulavistaca.gov Consultant: Pauline Martinson, Executive Director 2508 Historic Decatur Road Suite 150 San Diego, CA 92106 13. Liquidated Damages Rate: O $ per day. { ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): ( Q )Not Applicable. Not an FPPC Filer. O FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( } Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. Page 21 Two Parry Agreement Between City of Chrda Vista and I Love A Clean San Diego to Conduct"school and cwntnrtrrity presentations,Infonnation Hotline and Event Work for AB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Liller Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 153 ( } 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. O Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: { 0) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ✓) 15th Day of each Month O End of the Month ( } Other: C. City's Account Number: [TO BE ASSIGNED] 18. Security for PerfoiTnance Page 22 Two Party Agreement Between City of Chula Vista and I Love A Clean Sall Diego to Conduct"school and cominrwity presentations,Iufontation Hotline and Event Wor&for AB 939 Waste Reduction and Recycling 2014-09-09 RMdWpkVAA1otor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " Page 154 ( ) Performance Bond, $ { ) Letter of Credit, $ ( } Other Security: Type: Amount: $ ( ) Retention. If this space is checked,then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or"Retention Amount"until the City determines that the Retention Release Event, listed below,has occurred: ( ) Retention Percentage: 10 % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 23 Tivo Porte Agreenrerrt Behseern City of Cluda[vista and l Love A Clear San Diego to Conduct"scleool and comnnrrntit},presentttlionns,Information Holline and Event Work forAB 439{Paste Reduction road Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Progrtrnns and the Bevertrge Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 155 Attachments to Exhibit A Scope of Work for Used Oil Program AB 939 Education Services Beautify Chula Vista Events Program Page 24 Two party Agreement Between C111,of Chula i'lsta and I Love A Clean Salr Diego to Conduct"school and conaalrrtiilty preseiitatlorrs,Inforrnadiom Hotline and Event Wark jbrAB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs and the Beverage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 156 i L.OV E A FAIN & I SAN DIEGO USED OIL OUTREACH SERA'CICES FOR SOUTH BAY AND EAST COUNTY USED OIL PROGRAM PROi'IDEDBYILOVE.4 C'LE.4N.9_4NDIEGO Scone of Rork 1. «'ORK PERIOD July 1, 2011 to June 30, 2012 2. DELIVERABLES • Environmental Education Presentations: I Love A Clean Sail Diego will market, schedule, and deliver a minimum of seven and a maximum of 21 presentations at schools and/or organizations in the Cities of Chula Vista, La Mesa, Lemon Grove, Santee, El Capon, Imperial Beach, and National City. Topics discussed In presentatioIs will include Used motor oil and oil filter recycling, storm water pollution prevention, and additional topics requested by the Cities. Cost: 7 presentations at 53801presentatiou = S2,660 Additional presentations to be Billed individually (Pre sell tatiol► fee inclusive of marketing, premitation materials, equipment, staff time, mileage, copies, printing, fixes, adininistratioil, and monthly b)vOicing) • Attendance at Car Show Events: I Love A Clean San Diego will coordinate the staffing of two cal' shows per month for the cities of La Mesa, Santee, Chula Vista, and El Cajon from the period of July through September. ILACSD staff will disseiniilate used oil inforniation and other giveaways as provided by the Cities. Cost: 24 evet►ts at 5475/event= S11,400 (Event fee inclusive of equipment, stiff time, mileage, copies, printing, faxes, administration, and monthly luvoicing) • Oil Filter Exchange Events: I Love A Clean San Diego will schedule, coordinate, and staff oil filter exchanges in the Cities of Chula Vista, El Cajon, Lenion Grove, Santee; La Mesa, and National City. Fee includes one Pennysaver ad purchase, flyers, ILACSD online advertising, and press release. Filters to be provided by the City of Chula Vista- Cost: 6 Events at 52,500/event= $15,000 (Event fee inclusive of coordinatiou, scheduling, staff hours, mileage, copies, printing, faxes, aciniinist►'ation, ali(I montlily invoicing) • Used Motor Oil Referral Services: I Love A Clean San Diego (ILACSD) will provide duality refen•al inforiliation to the residents of Chula Vista,National City, Imperial Beach, La Mesa, Lemon Grove, Santee, and El Cajon residents and businesses inquff-hig about used inotor oil and filter recycling options in these cities Prepared by CG 5/24111 t arm"Oega to Conduct school mtd eormnttttill,presettttdions,Information Ilotline and Event il'ork for AB 939 fflaste Reduction and liecYcling Program, Used Hator Oil and Oil Filter Gran!and Payment Programs and the Beverage Coutuhier and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 157 through its bilingual Recycling Resource hotline and database.ILACSD will update the used motor oil and filter referral information for these cities on an aiuival basis. In addition,ILACSD will provide quarterly reports detailing all referrals received for motor oil,oil filter recycling from each city- ILACSD will also promote this service to the residents of these cities at its events_ hi addition,these cities may use the hifolmation Center number, 800-237-BLUE (2583)and the online database URL,tivww.wastefreesd.org,on its City publications and websites. Cost: S10,760 3. COST Total cost of services: $39,820.00 to be billed in 12 Installments of$3,315.33 per month. Signature: Date: 00 of Chula Vista Representative Page 26 Trvo Part,Agreeatent BetiVeen City of Clnrla Vista and I LoveA Clean San Diego to Conduct"sekool arad eovninrnitil presentations,Information Hotline and Erma lflork for AB 939 Muste Reduction anti Reelrling Program, Used Motor Oil and Oil Filter Grant and ft,ment Programs and the Beverage Container and Litter Reduction Grant funds. " 2014-09-09 Agenda Packet Page 158 I-LOVE A FiII PA I I1 1 SAN DIEGO ENVIRONMENTAL EDUCATION SERVICES FOR THE CITY OF CHLILA VISTA E\VIROMMENTAL SERVICES DEPARTMENT PROVIDED BI'ILOVE.4 CLEFiN.S.-NDIEGO Scope of'Work 1. \FORK PERIOD July 1,2011 to June 30,2012 2. DELIVERABLES • Environmental Education Presentations- I Love A Clean San Diego will market, schedule,and deliver a minimum of 30 presentations at schools and/or organizations in the City of Chula Vista. Topics discussed In presentations will include used motor oil and oil filter recycling, waste reduction and recycling, storm water pollution prevention,and additional topics requested by the City- Cost, 30 presentations at 5340lpresentatton=510,200 (Presentation fee inclusive of marketing, presentation materials, equipment, staff time, mileage, copies, printing, faxes, ;administration, ►tad 111an0114• Invoicing) • Euviromnental Education Presentation Updates: I Love A Clean San Diego will update the current education presentation to be more effective, engaging, and inspiring, as well as add additional topics as requested by the City of Chula Vista. Possible additions include composting,energy,and water conservation. Cost: S1,000 (approximately 20 hours) • Environmental Education lifter-Schaal Program. ILACSD will market, schedule and deliver an after-school program to the attendees of the South Bay Boys and Girls Club. An engaging four part program focusing on waste reduction, recycling, composting, and Household Hazardous waste. The program will feature hands on activities mid greater at-depth learning and uudersianding of these important topics- Cost: 4 week program=$4,000 (Program fee inclusive of marketing, curriculum updates, supplies,presentation materials,equipment,staff time,►mileage,copies,printing,faxes,administration, and monthly invoicing) 3. COST Total cost of services:$15,200.00 to he gilled in 12 Installments of 51,266.67 per month. Signature: Date: t0 ` 1 CiV of Chula Vista Representative Created CG 5120111 Page 27 Too Party Agreement Between City of Chula Vista and I Lore A Cleat San Diego to Conduct`school and couatuutity+presestutions,Information Hotline andEi-elat WorkjorAB 939 Waite Reduction andRecycliug Program, Used hlotor Oil and Oil Filter Grunt and Payment Programs and the Bea erage Container and Litter Reduction Grant Funds. " 2014-09-09 Agenda Packet Page 159 I LOVE A 11 &V IL SAN f71EG0 2508 Historic Decatur Road,Suite 154,San Diego,CA 92106 Phone:(619)2910103 Fax:(619)298.1314 www.cieansd.ora BEAUTIFY CHULA VISTA DAY 2011 SCOPE OF WORK 1.Event Information Date: Saturday,October 15'h or Saturday,October 22",2011 Location: Harborside Park Expected Attendance: 500—1,000 volunteers 2.Event Background Love A Clean San Diego and the City of Chula Vista have partnered to host the annual Beautify Chula Vista Day since 2006. The event has grown substantially in the past five years,and additional program elements including web based registration have been added to help streamline the event.Since ILACSD became involved in BLVD,approximately 3,150 volunteers that have collected over 11,20D pounds of debris,stenciled approximately 200 storm drains,and planted more than 100 trees. 3.Deliverables I Love A Clean San Diego will work with the City of Chula Vista Mayor's Office and Department of Public Works to coordinate the event.ILACSD's responsibilities will include: • Attend planning meetings and correspond with the City of Chula Vista • Update BCVD website throughout the year and clear registrations in preparation for 2011 event • Help to solicit sponsorship of in kind donations through local vendors • Manage volunteer registration through website and make follow up calls to large groups • Assist to define volunteer teams&work areas with Public Works Department + Attend site visit to assess logistics • Market event through ILACSD volunteer base and media conlacts • Volunteer correspondence regarding event • Conduct outreach to local community groups,schools,and places of worship to recruit volunteers • Manage registration and coordinate volunteers at the event • Help to provide cleanup supplies for event if needed • Assist to recruit team leaders • ILACSD staff to assist with other tasks as needed at the event e.g.food service,raffle drawing + Use of ILACSD vehicle and driver at event to assist with litter pick ups 4.Costs ILACSD Personnel Pre and post event coordination $6,380 Event staff(8 ILACSD staff) $2,640 Expenses Website hosting&maintenance $ 200 Staff mileage $ 250 Prints,copy,admin $ 100 TOTAL COST: $9,670 6. Invoicing Total cost of scope will be invoiced over five months(August—December)at a rate of$1,914 per month Signature: Date: r4 ! Ity of Chula Vista Representative ! Page 28 Two Parh'Agreement Belrreen Clrl'of Chula Vista and]Love A Clean Son Diego to Conduct"school raid comuirwiri-presentations,Information Mottine and Event Work forAB 939 If'osre Redaction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Progranis and the Beverage Container and L)tter Reduction Grain,Fronds. " 2014-09-09 Agenda Packet Page 160 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL �G'I�en R. Googins City Attorney Dated: 2&� 1 I FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND I LOVE A CLEAN SAN DIEGO TO CONDUCT AB939 WASTE DIVERSION AND RECYCLING PROGRAM SERVICES 2014-09-09 Agenda Packet Page 161 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND I LOVE A CLEAN SAN DIEGO TO CONDUCT AB939 WASTE DIVERSION AND RECYCLING PROGRAM SERVICES This First Amendment is entered into by and between the City of Chula Vista, a California municipal corporation and charter city (the "City") and I Love A Clean San Diego, a California corporation ("ILACSD") This First Amendment shall amend the "Agreement between City of Chula Vista and I Love a Clean San Diego To Provide School and Community Presentations, an Information Hotline and Event Work For the AB 939 Waste Reduction and Recycling Program, Used Motor Oil and Oil Filter Grant and Payment Programs And The CalRecycle City/County — Beverage Container Recycling and Litter Reduction Funds," dated July 1, 2011 (the "Agreement"). This Amendment shall be effective as of September 9, 2014 ("Effective Date") and is entered into with respect to the following recited facts: RECITALS WHEREAS, the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000, et seq.) authorizes the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (grants) in furtherance of the State of California's efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, the California Oil Recycling Enhancement Act (ACT), administered by CalRecycle, is a law designed to reduce the potential for illegal disposal of used lubricating oil by increasing used oil and oil filter collection; and WHEREAS, the Act provides fiinding to jurisdictions solely for the purpose of establishing and maintaining a network of local used motor oil and filter collection/recycling opportunities, funding outreach efforts designed to inform and inotivate the public to recycle used motor oil/filters, and use re-fined motor oil in their cars and equipment; and WHEREAS, the City of Chula Vista, as the lead agency for the South Bay and East County jurisdictions' used oil recycling program (Coronado, El Cajon, Imperial Beach, La Mesa, Lennon Grove, National City, and Santee) and with the County of San Diego unincorporated areas, applied for and was awarded a two-year, reimbursement grant from CalRecycle of $916,800 towards this work(the "Used Oil Competitive Grant"); and WHEREAS, I Love A Clean San Diego provides a well-known regional environmental information referral service via their bilingual telephone hotline number 1 800-237-BLUE (2583) and their online search database www.wastefreesd.org, along with environmental issues education program design, implementation and presentation work to further the work of resource conservation, waste reduction and recycling, community enhancement and pollution prevention; and 1 2014-09-09 Agenda Packet Page 162 WHEREAS, the City of Chula Vista already has a contract with I Love A Clean San Diego to perform this work for existing grants and environmental programs; and WHEREAS, the increased scope of work in the new Used Oil Competitive Grant program is more of the same work that I Love A Clean San Diego provides the City; and WHEREAS, the City and ILACSD desire to amend the Agreement to extend the tern of the Agreement and expand the scope of services to be provided under the Agreement to implement programs for fiscal years 2014115 and 2015116, utilizing the Used Oil Competitive Grant funds; and WHEREAS, the City desires to authorize the City Manager to exercise discretion to extend the agreement for up to four additional years AGREEMENT NOW, THEREFORE, CITY and ILACSD agree to Amend Exhibit A of the Agreement as follows: 1. Section. 7 of Exhibit A of the Agreement shall be amended to add the following at the end of the Section: "There is expected to be increased traffic to I Love A Clean San Diego's bilingual hotline and online database due to the additional advertising and public outreach that the Used Oil Competitive Grant will provide. Duties will include: • Staff time to answer increased volume of calls during each one-year campaign; • Additional research and updates to database listings; • Additional time for tracking and reporting on hotline and database usage; • Communications and meetings with regional partners; • Programming and design improvements to the database; and • Added administration including staff timesheets, invoicing, copies, prints, and postage." 2. Section 8.A. of Exhibit A of the Agreement shall be amended to add the following at the end of the Section: "Deliverable No. 4. Environmental Education Services a. High School Environmental Education Presentations: ILACSD will market, schedule, and deliver 35 presentations per fiscal year at high schools in the City of Chula Vista as follows: • Age-appropriate PowerPoint presentation and interactive activities. • Presentation content will focus on storm water pollution prevention, watershed education, storm drains, recycling, and household hazardous waste. ILACSD will administer pre- and post-presentation surveys at all presentations. 2 2014-09-09 Agenda Packet Page 163 ® ILACSD will provide completed surveys to an external behavioral research firm for data entry and analysis. A summary of survey results will be provided to the City at the end of the contract. Promotion of student participation in the Beautify Chula Vista Day through customized presentation slides and flyer distribution to be included in presentations. ® ILACSD shall provide marketing and presentation materials, equipment, staff time, mileage, copies, printing, faxes, administration, monthly invoicing, survey data entry, analysis and reporting. b. High School Environmental Club Support: • ILACSD will provide guidance to high school environmental and service clubs, and ASAP programs at Chula Vista high schools. ILACSD staff will visit club meetings periodically to provide environmental education and opportunities for involvement in upcoming cleanups and events in the City of Chula Vista. • This portion of the deliverable shall include 8 hours per month of ILCASD staff time, as well as club communications, presentation materials, supplies, staff time, copies, printing, faxes, administration, and monthly invoicing. c. Environmental Education After-School Program: • ILACSD will market, schedule and deliver an after-school program for youth at the Chula Vista Recreation Center. An engaging four part program focusing on waste reduction, recycling, composting, and household hazardous waste. The program will feature hands on activities and greater in- depth learning and understanding of these important topics. • This portion of the deliverable shall include 4 visits by ILACSD staff per school year, as well as marketing, curriculum, supplies, presentation materials, equipment, staff time, mileage, copies, printing, faxes, administration, and monthly invoicing. d. Community Group Education: ® ILACSD will provide waste reduction and recycling awareness presentations for adult community groups in the City of Chula Vista. Presentations will include the use of an interactive recycling display to encourage best management practices conversations among group members and staff. ® This portion of the deliverable shall include 4 presentations by ILCASD staff per fiscal year, as well as marketing, scheduling, presentation materials, staff time, mileage, copies, printing, faxes, administration, and monthly invoicing. e. Coastal Cleanup Days Sponsorship: ILACSD shall provide cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Chula Vista for the 30th & 31st Annual Coastal Cleanup Days, scheduled for Saturday, September 20th, 2014 & Saturday, September 19th, 2015, 3 2014-09-09 Agenda Packet Page 164 f. Creek to Bay Sponsorship: ILACSD shall provide cleanup site sponsorship to include reporting of miles covered, weight of collected debris, and volunteer totals for cleanup sites in the City of Chula Vista for the 13th & 14th Annual Creek to Bay Cleanups, scheduled for Saturday, April 25th, 2015 & Saturday, April 23rd, 2016. 2. Deliverable No. 5. Beautify Chula Vista Days: ILACSD shall work with City to staff to coordinate Beautify Chula Vista Days events. ILACSD's responsibilities will include: a. Attend planning meetings and correspond with the City of Chula Vista b. Post 2014 & 2015 event information on BCVD website and update throughout the year c. Clear previous year's registrations in preparation for event d. Market events through ILACSD volunteer base and contacts e. Conduct outreach to local community groups, schools, and places of worship to recruit volunteers f. Volunteer correspondence regarding events g. Manage volunteer registration through website and make follow-up calls to large groups h. Assist to recruit group leaders and assign group leaders from large groups i. Assist to define volunteer teams & work areas with Public Works Department j. Attend site visits to assess logistics k. Manage check-in and coordinate volunteers at each of the cleanup sites (4 staff per site and one floater) 1. Provide cleanup supplies for event if needed (water coolers, snacks, burlap, etc) m. Coordinate coffee donations and bring to each site n. ILACSD staff to assist with other tasks as needed at the event e.g. raffle prizes, photos, etc. o. Use of one ILACSD vehicle and driver to assist with litter pick ups at one of the event locations each year p. This deliverable shall include ILACSD provision of all necessary website updates, hosting and maintenance, mileage, printing, copies, supplies and administration. 3. Deliverable No. 6. Used Oil Outreach Services for South Bay and East County Used Oil Recycling Program: a. Environmental Education Presentations: ILACSD will market, schedule, and deliver a maximum of 50 presentations at schools and/or organizations in the Cities of Chula Vista, La Mesa, Lemon Grove, Santee, El Cajon, Imperial Beach, National City and Coronado. Topics discussed in presentations will include storm water pollution prevention, waste reduction, recycling, used motor oil and oil filter recycling, and composting. At least one presentation to be conducted in every city. Cities may provide classroom handouts for students and/or parents. 4 2014-09-09 Agenda Packet Page 165 b. Used Motor Oil Referral Services: ILACSD will provide quality referral information to the residents of Chula Vista, National City, Imperial Beach, La Mesa, Lemon Grove, Santee, El Cajon, and Coronado residents and businesses inquiring about used motor oil and filter recycling options in these cities through its bilingual Referral Resource call center and WasteFreeSD.org. ILACSD will update the used motor oil and filter referral information for these cities on an annual basis. In addition, ILACSD will provide quarterly reports detailing all referrals received for motor oil, oil filter recycling from each city. ILACSD will also promote this service to the residents of these cities at its events. In addition, these cities may use the Information Center number, 800-237- BLUE (2583) and the online database URL, WasteFreeSD.org, on the cities' publications and websites. 4. Deliverable No. 7. Used Oil Referral Services for Regional Used Oil Recycling Program: a. Used Motor Oil Referral Services: • ILACSD will provide quality referral information to the residents and businesses of the unincorporated County, and cities of Chula Vista, National City, Imperial Beach, La Mesa, Lemon Grove, Santee, El Cajon, and Coronado inquiring about used motor oil and filter recycling options through its bilingual call center and WasteFreeSD.org. ILACSD will update used motor oil and filter recycling information for the region on an annual basis. ILACSD will track calls and web hits in relation to media placements, and provide reports detailing all referrals for motor oil and oil filter recycling. In addition, the regional partners may use ILACSD's call center number, and the online database URL, WasteFreeSD.org, in all campaign mediums including TV spots, billboards, publications, and online promotions. • This deliverable shall include: • Staff time to answer increased volume of calls during the campaign • Research and updates to database listings • Tracking and reporting on hotline and database usage throughout the region • Communications and meetings with regional partners • Present updates on campaign's success and database stats to regional partners at TAC meetings Programming and design improvements to the database as necessary • Associated fees for web hosting, phone and internet • Administration including staff timesheets, invoicing, copies, prints, and postage. b. Used Motor Oil Outreach: ILACSD will coordinate, the staffing and attendance of community events as requested by the regional partners. 5 2014-09-09 Agenda Packet Page 166 ILACSD outreach staff will educate attendees on proper used oil and filter recycling, administer surveys, and disseminate information and other giveaways as provided by the partners. sI 3. Section S.C. of Exhibit A of the Agreement shall be amended to add the following at the end of the Section: "Deliverable No. 4: All tasks shall be completed annually. For fiscal year 2014115, all tasks shall be completed by June 30, 2015; for fiscal year 2015/16, all tasks shall be completed by June 30, 2016. Deliverable No. 5: For Beautify Chula Vista Day 2014, all tasks shall be completed by October 31, 2014; for Beautify Chula Vista Day 2015, all tasks shall be completed by October 31, 2015. Deliverable No. 6: All tasks shall be completed annually. For fiscal year 2014115, all tasks shall be completed by .Tune 30, 2015; for fiscal year 2015116, all tasks shall be completed by June 30, 2016. Deliverable No. 7. All tasks shall be completed annually. For fiscal year 2014/15, all tasks shall be completed by June 30, 2015; for fiscal year 2015116, all tasks shall be completed by June 30, 2016." 4. Section 8.1). of Exhibit A of the Agreement shall be replaced with the following: "Date for completions of all Consultant services: June 30, 2016. Notwithstanding the foregoing, the City of Chula Vista shall have the option to extend the Agreement for four, one-year terms, by written notice thorn the City Manager to ILACSD. For each one-year term beyond June 30, 2016, the annual "not-to-exceed" limitation of$160,000 shall be adjusted in an amount equal to the annual CPI adjustment for San Diego County." 5. Section 10.C.(2) of Exhibit A of the Agreement shall be replaced with the following: "(2) Not to Exceed Limitation on Time and Materials Arrangement — 2014- 2016 Term 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 a maximum of $160,000 per fiscal year, including all Materials, and other "reimbursables" (Maximum Compensation). These amounts shall be subject to approval of the Environmental Services Program Manager or the City's Purchasing Agent, and shall be paid as follows: Rate Schedule 6 2014-09-09 Agenda Packet Page 167 Deliverable No. Fiscal Year 2014/15 Fiscal Year 2015/16 4.a. $14,375 $14,375 4.b. $5,760 $5,760 4.c. $4,000 $4,000 4.d. $1,300 $1,320 4.e. $1,000 $1,000 4.f. $1,000 $1,000 5. $11,635 $11,775 6. $38,500 $38,500 7. $72,000 $72,000" 6. Section 17. of Exhibit A of the Agreement shall be amended to add the following: "(X) Other: For the 2014-16 term, billing shall be submitted as follows: Deliverable No. Billing Frequency 4.a. and d., and 6.a. The month following completion for each presentation 4.b., 6.b. and 7. Monthly 4.c. The month following completion of each program 4.e. and f. The month prior to the event 5. Monthly for the period July November" 7. Each signatory and Party to this Amendment warrants and represents to the other Party that it has legal authority and capacity and direction front its principal to enter into this Second Amendment, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Second Amendment. 8. This Amendment may be executed in multiple counterpart originals, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. 7 2014-09-09 Agenda Packet Page 168 Signature Page to Agreement between City of Chula Vista and I LOVE A CLEAN SAN DIEGO To Conduct Ab939 Waste Diversion And Recycling Program Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney I Love a Clean San Diego By: N A� auline Martinson Executive Director S 2014-09-09 Agenda Packet Page 169 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0469, Item#: 7. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 1-HOUR TIME LIMITED PARKING ZONE ALONG THE WEST SIDE OF SILVAS STREET IN FRONT OF 2620 MAIN STREET (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY On January 15, 2014, Mr. Ernest Duran, owner of Ernie's Auto Sales, submitted a letter requesting time limited parking on Silvas Street fronting his business at 2620 Main Street. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project, which consists of allowing time limited parking on Silvas Street fronting 2620 Main Street, qualifies for a Class 1 (c) Categorical Exemption pursuant to Section 15301 [Existing Facilities] of the State CEQA Guidelines because the proposal involves negligible or no expansion of an existing use. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION The Safety Commission, at their meeting on July 2, 2014, accepted staff's report and recommended that the City Council establish the 1-hour time limited parking (8am-6pm) zone along the West Side of Silvas Street in front of 2620 Main Street. DISCUSSION Mr. Ernest Duran is requesting time limited parking in front of his property on 2620 Main Street (see attached letter). Mr. Duran owns Ernie's Auto Sale, a used automobile sales business. Several years ago, his business relocated to this site to allow construction of a City redevelopment project at the northeast corner of Main Street and Broadway. Mr. Duran's current site is much smaller than his old site and has very limited on-site customer parking (see attached Location Map). Mr. Duran stated that employees from neighboring businesses park their big trucks in front of his property from 8:OOam to 6:OOpm during the work week as well as overnight. When these spaces in front of his business are occupied with vehicles parked long term, it becomes very difficult for his customers and vendors to find convenient parking. He believes this parking issue is having a negative effect on his business. Originally, Mr. Duran requested a 2-hour limited parking. However, during the Safety Commission City of Chula Vista Page 1 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 170 File#: 14-0469, Item#: 7. Meeting, he revised his request to 1-hour limited parking. The purpose of Mr. Duran's time limited parking request is to increase the turnover in customer cars parking along Silvas Street in front of his business. This will allow Mr. Duran to conduct his business in a timely manner. The requested time limited parking location is along 170' of the west side of Silvas Street north of Main Street. Based on the above information and field review, staff is proposing to change the on- street parking spaces on Silvas Street to 5-spaces of 1-hour time limited parking (see attached proposed Time Limited Parking Map). Except upon Sundays and holidays specified in Chula Vista Municipal Code (CVMC) 10.08.110. CONCLUSION: Per the City of Chula Vista Municipal Code Section 10.52.330, upon approval of the proposed time limited parking by City Council, Schedule VI of the register maintained in the office of the City Engineer would be revised to include the following: Schedule VI - Proposed Parking Time Limited on Silvas Street Name of Street: Silvas Street Beginning At: Main Street Ending At: 170' North of Main Street along existing street improvement Side of Street: West Length of Time Permitted: 1-Hour (5 Spaces) 8am-6pm 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. This action item supports the Strong and Secure Neighborhood strategy identified in the City's Strategic Plan by promoting an environment for residents and businesses to prosper. CURRENT YEAR FISCAL IMPACT Per the City's Master Fee Schedule, Mr. Duran paid the appropriate fee to request the time limited parking. In addition, if his request is approved, Mr. Duran will pay the cost for the improvements to implement the parking change. The cost estimate to perform this work, in accordance with the City's Fees Schedule, is $600. Therefore, there is no direct impact to the General Fund. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Attachments: City of Chula Vista Page 2 of 3 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 171 File#: 14-0469, Item#: 7. 1. Mr. Ernest Duran's Letter 2. Location Map 3. Map of the proposed Time Limited Parking Spaces Location City of Chula Vista Page 3 of 3 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 172 t(A I i 2620 Main Street Chula Vista, CA 91911 U ro CAI F S (619) 424-3535 Fax (619) 424-6427 1/15/2014 E City of Chula Vista City Traffic Engineer Department 276 4'h Ave. Chula Vista, CA 93910 At Ben Herrera, Engineer Public Works RE: Request for time limited parking i Respectfully request that time limited parking (2 hours) be assigned to-the curbs on 2620 Main Street and the west corner of Silvas and Main Street in Chula Vista. Our business is located at 2620 Main Street and often large trucks and employees from businesses across the street are parked from 8:00 a.m, until 6.00 p.m. Also, semi trucks often park their trucks overnight making it very difficult for our vendors and customers to f ind parking. Any assistance you can give us is greatly appreciated. T can be reached at (619) 424-8535 -business or (cell) for further information. Ernest L. Duran Owner A Operator Ernie s Auto Sales s I j 2014-09.09 Agenda Packet Page 173 ~ LL P a IL i� l � � Sul 'Jim e d f �1 a �:A! ���t - M. ._ _� d� ,�►, °e o Yol[II YMMY• . i� �. �. *0., mi . . � 4� � MA - _ a sill!. 4, PUPS • 14A�b WIN e _ L - >� r N - - I . .7. IN � — L N O = - Q L Silvas Street VWM N _ I � y �r • ry � �I ■ All �1� ' N An ; O ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING A 1-HOUR TIME LIMITED PARKING ZONE ALONG THE WEST SIDE OF SILVAS STREET IN FRONT OF 2620 MAIN STREET WHEREAS, on January 15, 2014, Mr. Ernest Duran, owner of Ernie's Auto Sales, submitted a letter requesting time limited parking on Silvas Street fronting his business at 2620 Main Street; and WHEREAS, several years ago, his business was relocated to this site when a City redevelopment project was constructed at the north east corner of Main Street and Broadway; and WHEREAS, the current site is much smaller than his old site and is difficult to include on-site customer parking for his business; and WHEREAS, Mr. Ernest Duran stated that employees from neighboring businesses park their big trucks in front of his property from 8:00am to 6:00pm during the work week. Some trucks even park overnight. When these cars are parked in front of his business, it makes it very difficult for his customers and vendors to find parking. He claimed that this parking issue is hurting his business; and WHEREAS, the requested time limited parking location is along 170' of the west side of Silvas Street north of Main Street; and WHEREAS, based on the above information and to address concerns raised by the business owner, staff is proposing to change the on-street parking spaces on Silvas Street to 5- spaces of time limited parking. WHEREAS, on July 2, 2014, the City of Chula Vista Safety Commission accepted staff recommendation and recommended that the Chula Vista City Council establish Time Limited Parking along the West Side of Silvas Street in front of 2620 Main Street; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: L ESTABLISHING THE TIME LIMITED PARKING That time limited parking be established and Schedule VI of the register maintained in the office of the City Engineer shall be revised to include the following: Schedule VI—Proposed Parking Time Limited on Silvas Street 2014-09-09 Agenda Packet Page 176 Page 2 Name of Street Beginning At Ending At Side of Length of Time Street Permitted Silvas Street Main Street 170' North of Main West 1-Hour Street (5 Spaces) Sam-6pm IL EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 177 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0474, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH WEBCOR BUILDERS AND TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF ORANGE PARK (CIP PR316) LOCATED ON FOURTH AVENUE IN WESTERN CHULA VISTA RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City Council previously approved CIP project No. PR311 and the Master Plan for Orange Park, which provided a budget item and a design concept for a fully functional 3.9-acre park. In July 2013, City Council approved a Design Build Agreement with Webcor Builders for this park. The project is nearing the end of the construction document phase, has been reviewed by the public, and is ready to start the construction phase this month. Tonight's resolution will approve the first amendment that will set the GMP at $2,541 ,780. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4(b)[New gardening/landscaping] categorical exemption pursuant to Section 15304 [Minor Alterations to Land] of the State CEQA Guidelines, because the proposal consists of local passive park with minimal physical changes to the environment that will introduce water efficient landscaping. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On July 23, 2013, City Council approved a Design Build agreement with Webcor Builders by Resolution 2013-143 for the services required to prepare the project plans based on the approved Orange Park Master Plan, engage the community to obtain additional input, and construct Orange Park. As part of that agreement, a GMP is to be established at 90% construction documents, which would include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional park in accordance with all applicable building codes. A not to exceed amount of $2,391 ,781 dollars for the Park was established in the Design Build agreement. Staff felt it prudent at that time to establish a conservative cost of the project and be able to respond to unexpected City of Chula Vista Page 1 of 4 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 178 File#: 14-0474, Item#: 8. changes in material costs. As the design progressed and some of the complexities of this project became known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to exceed amount in the original agreement. This $ 150,000 increase is due in part to the additional requirements by SDG&E (owner of the property where the park will be located) as well as changes resulting from incorporating feedback from the community. PROJECT SCOPE AND CONTRACTUAL REQUIREMENTS The Design-Build Agreement with Webcor Builders provides the City with a fully functional Orange Park providing park service to residents of that community as well as other residents of the City. On February 12, 2014, the design build team and staff presented the park design to the public at the South Library for comment. All comments were considered in the 100% design. The First Amendment (Exhibit A) to the Design Build Agreement between the City of Chula Vista and Webcor Builders will include setting the GMP at $2,541,780, which includes the revised Design Fees and General Conditions costs consistent with the Project cost (Attachment 1) and revise the statement for Substantial and Final Completion dates. The GMP shall include all design and construction services to complete a fully functional park. The GMP is higher than the not to exceed amount in the original agreement due to the process of refining the various project elements. The project team has made every effort to ensure the final design provides the park elements contemplated in the Master Plan, identified by the community, and remain within the project's State Grant funding requirements. City staff has reviewed and concurs with the Design Builder's proposed GMP. The Substantial and Final completion dates will be amended to include the revised Substantial Completion date of March 2015 and the revised Final Completion date of May 2015. Thetotal cost of the project and GMP exceed the " not to exceed" amount set forth in the Design Build Agreement. At the time of the Design Build Agreement, staff recommended an amount not to exceed that was less than the total budgeted cost of the project. This is commonly done, as the costs of the project that are estimated at the master plan level rarely remain consistent through the design process. By establishing a less than budgeted amount not to exceed, staff is better able to focus the design builder on designing a project that remains within our budgetary constraints. The new proposed GMP is within the original grant fund budget established for the Orange Park project. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by City, which results in a significant change to the original scope. Otherwise, change orders are reviewed and approved by staff and the design builder then charged to the construction contingency until the fund is exhausted. Any remaining funds in the contingency are returned to the City. This practice is commonplace when using the design/build construction technique. Staff's goal is to use all available project funds remaining before completion to add and/or enhance any items that have been removed through the value engineering budget process. DECISION-MAKER CONFLICT City of Chula Vista Page 2 of 4 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 179 File#: 14-0474, Item#: 8. Staff has reviewed the property holdings of the Chula Vista City Council and has found that Council member Ramirez has property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any Chula Vista 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. Upon completion, Orange Park will support the Healthy Community Goal by attracting and enabling residents and visitors to become more physically active as individuals or as groups. The park will provide a venue for all age groups to exercise, relax or just play which promotes health and well being. CURRENT YEAR FISCAL IMPACT GMP, including City controlled contingency of$149,397 $2,541,178 City Staff Costs, Special Inspections, Consultant and Oversight 158,822 Utilities 100,000 Total Project Costs $2,800,000 Director of Public Works has requested the GMP be set at $2,541 ,178.00. The GMP includes, but is not limited to, design services, general conditions, insurance, bonds, construction management, the cost for all labor, equipment, and material to design and build a fully functional park in accordance with all applicable building codes. The total project cost is $2,800,000, which is funded by Proposition 84 State Grant funds. There is no additional impact to the State Grant Fund as sufficient funding of$2,494,339 is available for the remaining cost to complete the project (PR316). Approval of tonight's resolution will approve the first amendment to the agreement with Webcor Builders to incorporate the Guaranteed Maximum Price (GMP) for the design and construction of Orange Park (CIP PR316) located at 1475 Fourth Avenue in western Chula Vista, and authorize the Mayor to execute said amendment. ONGOING FISCAL IMPACT Upon completion of Orange Park, the City will incur additional park maintenance costs of approximately $11 ,400 per acre/year for a total of $44,460 for 3.9 acres. These costs will be included in the fiscal year 2015-16 general fund budget. City of Chula Vista Page 3 of 4 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 180 File#: 14-0474, Item#: 8. ATTACHMENTS Exhibit A, Design Build Agreement Amendment Staff Contact: Gordon Day, Building Project Manager, Public Works Department City of Chula Vista Page 4 of 4 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 181 RESOLUTION 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH WEBCOR BUILDERS AND TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF ORANGE PARK (CIP PR316) LOCATED ON FOURTH AVENUE IN WESTERN CHULA VISTA WHEREAS, the City and D/B entered into an agreement("Original Agreement") dated July 231' 2013 and approved by City Council Resolution2013-143, whereby D/B provides design and construction services to the City for the construction of a fully functional park including the facilities and site-work; and WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed amount of$2,391,781; and WHEREAS, As the design progressed and some of the complexities of this project became known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to exceed amount in the original agreement; and WHEREAS, D/B and City staff have met with the public, incorporated comments and value engineered the project to provide the best product at the most effective price; and WHEREAS, the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of$2,541,178 for a fully functional 3.9-acre park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Webcor Builders agree to the Is' amendment to the Design Build Agreement. Presented by Approved as to form by Richard A. Hopkins Glen R. 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Googins City Attorney Dated: FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT FOR THE ORANGE PARK PROJECT BETWEEN THE CITY OF CHULA VISTA AND WEBCOR BUILDERS 2014-09-09 Agenda Packet Page 191 FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT FOR THE ORANGE PARK PROJECT This FIRST AMENDMENT TO THE Design Build Agreement dated JULY 23, 2013, for reference purposes only, is by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City")AND WEBCOR BUILDERS ("Design Builder or DB"). Individually, the City and Webcor Builders may be referred to herein as "Party" and collectively as "Parties. This Agreement shall be deemed executed on the date the last party hereto affixes his/her signature hereto and is made with reference to the, following facts: RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated July 23"' 2013 and approved by City Council Resolution2013-143, whereby D/B provides design and construction services to the City for the construction of a fully functional park including the facilities and site-work; and WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed amount of$2,391,781; and WHERES, As the design progressed and some of the complexities of this project became known, the actual GMP as determined at the 100% construction drawing stage exceeded the not to exceed amount in the original agreement; and WHEREAS, D/B and City staff have met with the public, incorporated comments and value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of$2,541,178. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and Webcor Builders agree to amend the Original Agreement as follows: 1. Article X1 Amend section 11.2.1 to read as follows: 11.2.1 Not to Exceed Amount. The GMP shall not exceed$ 2,541,178. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a Change Order is approved by the City pursuant to Article XIII of this Agreement or is otherwise permitted under the terms of the Original Agreement. 2014-09-09 Agenda Packet Page 192 Amend sections 11.2.1.1.6, 11.2.1.1.8, and 11.2.1.1.9 to read as follows; 11.2.1.1.6 D/B Contingency Fund, $123,846 which shall not exceed 8% of )=lard Construction Costs, City controlled contingency shall be $149,397 11.2.1.1.8 DB Fixed Fee for the complete design and construction of the entire Project is $11'0,531.02. 11.2.1.1.9 No more than $148,498.62 for General Conditions. 2. Article XXVI[: Amend section 26.2.8 to read as follows: 26.2.8 Builder's Risk. To the extent commercially available, the City shall provide a policy of"all risk"Builders Risk Insurance. DIB shall add City and its respective elected officials, officers, employees, agents, and representatives to the policy as loss payees,to the extent such insurance is commercially available. Coverage will be provided for the Replacement Cost of Materials, Equipment and Fixtures destined to become a permanent part of the structure, and coverage will include Property in Transit and Property in Offsite Storage. DIB shall also add its construction contractor, and the construction contractor's subcontractors to the policy as additional named insureds or loss payees, to the extent their interest may appear. The limit for this policy shall be a minimum of$ $ 2,541,178 (GMP dollar amount to reflect project soft and hard costs). It shall be D/B's responsibility to bear the expense of any deductible. The Builders Risk coverage shall expire at the time such insured property is occupied by City, or a Notice of Completion is filed, whichever occurs first. Contractor and its Subcontractors will be solely responsible for any loss or damage to their personal property, including contractor's tools and equipment owned, used, leased or rented by the Contractor or Subcontractor, 3. Exhibits Remove and Replace Exhibits A and B with Revised Exhibits A and B attached hereto. 4. Scone of Amendment. This 1 st Amendment changes only those sections of the Original Agreement specifically identified in clauses 1, 2, and 3, above. No other changes to the Original Agreement are contemplated or intended by this 1 st Amendment. The balance of the Original Agreement shall remain unchanged and in continue full force and effect. [NEXT PAGE IS SIGNATURE PAGE] 2014-09-09 Agenda Packet Page 193 Signature Page To FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT FOR THE ORANGE PARK PROJECT IN WITNESS WHEREOF, City and Webcor Builders have executed this First Amendment to the Design Build Agreement for the Orange Park Project, dated August 2, 2013, thereby indicating that they have read and understood same, and indicate their full complete consent to its terms: Dated: City of Chula Vista by: Gary Halbert, City Manager Approved as to Form: Glen Googins City Attorney Dated: Webcor Builders by: ./,y Matt nso ,Project Manager 2014-09-09 Agenda Packet Page 194 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0492, Item#: 9. ..Title RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMMUNITY IDENTIFICATION CONTENT ON PALOMAR STREET BRIDGE OVER INTERSTATE 805 AND AMENDING THE MAINTENANCE AGREEMENT TO ENSURE CITY MAINTENANCE RESPONSIBILITY OF THE COMMUNITY IDENTIFICATION CONTENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City is traversed by three major State Highways including Interstate 805 (1-805) which is currently under construction at the Palomar Street location. The Department of Transportation (Caltrans) is administering the 1-805 High Occupancy Vehicle (HOV) project which includes a direct access ramp (DAR) structure at Palomar Street. The original Palomar Street Bridge has been demolished and the DAR is currently being constructed to provide direct transit and HOV access to the 1-805 HOV lanes. The City has received concurrence from Caltrans to incorporate a bridge fence enhancement theme on the DAR. The theme will offer visual enhancement for the travelling public on 1-805. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project falls under the Class 11 Categorical Exemption in accordance with Section 15311(a) of the State CEQA Guidelines because it involves only the installation of community identification content on the Palomar Bridge. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Caltrans is administering the 1-805 HOV lane project including a DAR for Palomar Street. The new Palomar Street DAR location provides a unique visual opportunity for travelers as they drive within the City limits. The bridge fence enhancement theme will enhance the visual experience of motorists by incorporating a stylized aesthetic theme that is based upon the City's logo and seal on the Palomar Street DAR. The theme incorporates various colors that portray the mountainous terrain merging into the ocean waves with a setting sun that is typical terrain of the Chula Vista community. The use of bridge fence enhancements is an established practice in the State of California and offers unique means to identify the local community. Caltrans supports enhancement concepts that offer an enriching cultural City of Chula Vista Page 1 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 195 File#: 14-0492, Item#: 9. and visual experience for the highway travelers as well as the local communities. Additionally the Chula Vista Vision 2020 General Plan promotes a theme of "Strong Community Character and Image" which promotes the development of a City with a distinct identity. The principles of Context Sensitive Communities promote a collaborative process that incorporates the planning and design of transportation facilities that integrate community objectives and values relating to compatibility, livability, sense of place, urban design, cost and environmental impacts. The County of San Diego and SANDAG are providing matching funds to construct the bridge fence enhancement. SANDAG's funding participation for construction is included in the 1-805 Palomar DAR project. In June 2014, the SANDAG Transportation Committee approved a budget amendment to accept $118,000 from San Diego County's Neighborhood Reinvestment Program Grant for the bridge enhancement. Caltrans is providing Structural Design and Construction Management Support. Caltrans received a cost estimate of $338,000 for fabrication and installation of the fencing. The County of San Diego and SANDAG have agreed to fund the additional amount needed to complete the construction. The Palomar DAR construction is estimated to be completed by December 2014. In order to approve and execute the construction of this type of community identification content, Caltrans requires a resolution from the City that commits to the following: • Confirms City jurisdiction in the vicinity of the site • Approves the content of the enhancement • Ensures City maintenance responsibility of the enhancement theme The City currently has a maintenance agreement with Caltrans for Palomar Street DAR. The agreement will be revised to include maintenance responsibility for the fence enhancement theme. 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 support the City's Strategic Plan as it seeks to enhance a Connected Community by enriching the quality of life and fostering civic pride through provision of images that portray a transitional geographic continuum from mountainous terrain to ocean waves and a setting sun that is typical terrain of the Chula Vista community. CURRENT YEAR FISCAL IMPACT This project is funded entirely by SANDAG and the County of San Diego - there is no fiscal impact to the General Fund during the current fiscal year. The total project cost is estimated at $338,000; these costs will be split equally between SANDAG and the County of San Diego. ONGOING FISCAL IMPACT City of Chula Vista Page 2 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 196 File#: 14-0492, Item#: 9. The improvement will require routine City maintenance that may require repair, graffiti removal, and restoration maintenance for the fence enhancement. The City anticipates a nominal increase in maintenance costs over the 25 year life cycle of the enhancement. ATTACHMENTS 1. Palomar Bridge Rail Enhancement Plans 2. SANDAG Transportation Committee Agenda item 14-06-3 3. Exhibits "A" Sheets 5 and 5a Staff Contact: Jose Luis Gomez, Principal Civil Engineer City of Chula Vista Page 3 of 3 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 197 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMMUNITY IDENTIFICATION CONTENT ON PALOMAR STREET BRIDGE OVER INTERSTATE 805 AND AMENDING THE MAINTENANCE AGREEMENT TO ENSURE MAINTENANCE RESPONSIBILITY OF THE COMMUNITY IDENTIFICATION CONTENT WHEREAS, the Department of Transportation (Caltrans) is administering the Interstate 805 highway project and has included a direct access ramp for the Palomar Street Bridge; and WHEREAS, Caltrans has incorporated community identification content consisting of a bridge fence enhancement theme; and WHEREAS, the enhancement theme incorporates various colors that portray a transitional geographic continuum from mountainous terrain to ocean waves and a setting sun that is typical terrain of the Chula Vista community; and WHEREAS, the City currently has a maintenance agreement with Caltrans for the Palomar Street DAR that will be revised to include maintenance responsibility for the fence enhancement theme. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the community identification content on the Palomar Street Bridge. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves an amendment to the maintenance agreement to ensure maintenance responsibility of the community identification content. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 198 =a31—3- 1=3wv—, eo z w U Z a� zo W ° W d Q = LU w CD w z J a op U 0 1 W W Z vat om_ z=- �z 4W z+ awe W U) - Qo O n z w 0\4 Z N jF� d Z E5 fn � a' Ehw 3N� m m wFF a� F owo2 g Z ° y W ¢ CC mow W LU Q Q m V a a ti W - o a own w+{ W - � 3w - � _ W�w a ¢ z o ao� Q F z Z a +i �nwo Z o�rn w LL yd O N z s�o W �� a 0 i z O �? °z ti W F a O ° Nh owl - U� F r 2m mom Q i It 3°I o 4 aoo J ~' - 3 W �z 1. way, Orw U+ pwN W �Q W a o a m z o z k2 > Q w T M Qo °o'� e > (n W n w = U y•. p Z O m O H 214 \4 O� W - O U w KOZ GIti ��r j ' ao0 W a0 N w p v w U M o aom - o o oo av Fw zo ° w a p w✓�i 10 ~ Q Q F m ~N = O r 0 Q O Q w Z+ \� N O r W w Q Y=M 2 N w{{ N a 2 SANDAL AGENDA ITEM NO. 14-OPr 3 TRANSPORTATION COWMTTEE JUNE 2Q 2014 ACTION REQUESTED-APPROVE PROPOSED FY 2015 PROGRAM BUDGET File Number 1280510 AMENDMENT: INTERSTATE 806 PALOMAR STREET DIRECT ACCESS RAIVP PRQI ECT Introduction Recommendation SANDAG, on behalf of the City of Chula Vista, has The Transportation Committee is asked to been awarded a grant from the County of San Diego authorize staff to accept the for architectural enhancements to the Interstate 805 Neighborhood Reinvestment Program Palomar Street Direct Access Ramp bridge structure. A Grant from the County of San Diego and budget amendment to increase the project budget by amend the FY 2015 Program Budget to the grant amount is proposed. increase the Interstate 805 Two High Occupancy Vehicle: Palomar Street to Discussion State Route 94, (CIP No. 1280510) by $118,000. SANDAG, on behalf of the City of Chula Vista, has been awarded a Neighborhood Reinvestment Program Grant from the County of San Diego to provide architectural enhancements to the new Palomar Street Direct Access Ramp (DAR) bridge structure currently under construction by Caltrans. The architectural enhancements provide for a special colorized bridge railing. The design concepts are shown in Attachments 1 and 2. The concept is intended to capture the topographical diversity of the City of Chula Vista including coastal landscapes, canyons, rolling hills, and mountains. The grant was awarded in the amount of $118,000. The current project budget is $182.098 million. The project budget will be increased to $182.216 million. The total cost of the bridge railing is estimated at $235,000. The grant funds would supplement project funds budgeted for the standard railing to add the architectural enhancements. JOSE A. NUNCIO TransNet Department Director Attachments: 1. Sun and Mountain Design Concept 2. DAR Bridge Fence Enhanced Design 3. Revised 1280510 CIP Worksheet Key Staff Contact: Richard Chavez, (619) 699-6989; richard.chavezosandag.org 2014-09-09 Agenda Packet Page 200 a W J iLn �--I o � O rn N N_ 4 0 00 bA fC Qr U1 i W FO '.-: .....p:._....................je;...,. :e s ' �Y ` .................. i r O _ h. i':__ .... .: .. Z Z O cn S ...... _ Q :..... N a � ' I : 2 V ..1•. _$ avwo.wv a S k 3 .. m a;[ 4 - 3 Z O ' \ O "WO a .m LLj m W � I 7 O ! 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Individually, the City and Caltrans may be referred to herein as "Party" and collectively as "Parties. This Agreement shall be deemed executed on the date the last party hereto affixes his/her signature hereto and is made with reference to the following facts: RECITALS WHEREAS, the City and Caltrans entered into an agreement ("Original Agreement") dated July 19 fl, 1976 and approved by City Council Resolution 1976-8247, whereby Caltrans constructed a portion of Interstate 805 that include Palomar Street Bridge and the City agreed to maintenance responsibilities for portions of the bridge deck of Palomar Street Bridge, and WHEREAS the parties now desire to amend the Agreement to include maintenance for Community Identification Content. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, the City and Caltrans agree to amend the Original Agreement as follows: 1. Amend Exhibit Remove Exhibit "A" Sheets 5 and 5a of 11 Sheets and Replace with Revised Exhibit"A" Sheets 5 and 5a, attached hereto. 2. Scope of Amendment. This 1 st Amendment changes only those sections of the Original Agreement specifically identified in clause 1 above. No other changes to the Original Agreement are contemplated or intended by this 1st Amendment. The balance of the Original Agreement shall remain unchanged and in continue full force and effect. 2014-09-09 Agenda Packet Page 210 FIRST AMENDMENT TO THE FREEWAY MAINTENANCE AGREEMENT FOR PALOMAR STREET BRIDGE OVER INTERSTATE 805 IN WITNESS WHEREOF, City and Caltrans have executed this First Amendment to the Freeway Maintenance Agreement for the Palomar Street Bridge, dated July 19th 1976, thereby indicating that they have read and understood same, and indicate their full complete consent to its terms: Dated: City of Chula Vista by: Gary Halbert,City Manager Approved as to Form: Glen Googins City Attorney Dated: Caltrans by: Everett Townsend,P.E. District Division Chief,Maintenance District 11,Department of Transportation 2014-09-09 Agenda Packet Page 211 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0507, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PARTICIPATION OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 TO PURCHASE VEHICLES FROM NATIONAL AUTO FLEET GROUP RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department is recommending to purchase vehicles from National Auto Fleet Group in accordance to the terms and conditions of National Joint Powers Authority Bid Number 102811 . ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista Municipal Code Section 2.56.070 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of material of common usage. Police Department staff has conducted research on vehicle costs and has determined that a bid from the National Joint Powers Authority (NJPA) offers favorable terms and pricing. NJPA received 15 responses from the bid. National Auto Fleet Group was the successful bidder and was awarded Contract # 102811-NAF with NJPA. The National Auto Fleet Group has 50 years of experience selling and servicing public entities and offers NJPA members contracted vehicle solutions from over 1 ,400 different models of passenger cars and light, medium and heavy duty trucks. The contract offers a variety of manufacturers including Chevrolet, Ford, Nissan, Honda, Toyota, International, Freightliner, Peterbilt, Volvo, Kenworth and Mack all delivered directly to NJPA member locations. Purchasers have access to a unique online ordering and quoting system that allows users to create custom vehicles 24 hours a day with pricing that competes with state contracts across the country. The Police Department has coordinated with both the Public Works Department and Purchasing Division to purchase prior police vehicles from National Auto Fleet Group under NJPA Bid 102811 . The Police Department is requesting authorization to purchase vehicles from National Auto Fleet City of Chula Vista Page 1 of 2 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 212 File#: 14-0507, Item#: 10. Group in accordance to the terms and conditions of National Joint Powers Authority Bid Number 102811. In the current fiscal year, $810,000 one-time funding from telephone users tax has been appropriated to purchase approximately 14-16 patrol vehicles depending on pricing for each fully-outfitted vehicle. Additionally, $140,000 from Public Safety Realignment funding has been appropriated to purchase five unmarked vehicles for the Investigations Division. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by equipping personnel with adequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approval of this resolution will authorize the Police Department to purchase vehicles from National Auto Fleet Group. The current budget already includes $810,000 one-time funding from telephone users tax and $140,000 from Public Safety Realignment for vehicle purchases. Because funding has been identified for vehicle purchases, no further appropriations are requested at this time. Furthermore, these vehicle purchases are replacing the existing aging fleet, and maintenance costs are already included in the existing budget. There is no net fiscal impact approving this resolution. ONGOING FISCAL IMPACT The Police Department can purchase vehicles through National Auto Fleet Group until January 17, 2016, the contract expiration date, unless more favorable competitive vehicle pricing is identified. If appropriations are required for future vehicle purchases, it will be addressed in separate approval requests. There is no ongoing fiscal impact approving this resolution. Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 213 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PARTICIPATION OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 TO PURCHASE VEHICLES FROM NATIONAL AUTO FLEET GROUP WHEREAS, the City of Chula Vista Municipal Code Section 2.56.070 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of material of common usage; and WHEREAS, Police Department staff has conducted research on vehicle costs and has determined that a bid from the National Joint Powers Authority offers favorable terms and pricing; and WHEREAS,National Auto Fleet Group is the successful bidder in response to the bid issued by the National Joint Powers Authority. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the participation of National Joint Powers Authority Bid Number 102811 to purchase vehicles from National Auto Fleet Group through January 17, 2016, the contract expiration date. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-09-09 Agenda Packet Page 214 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0508, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $600,000 FROM AVAILABLE BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR POLICE RADIOS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department is requesting to appropriate $600,000 to the supplies and services category of the Technology Replacement Fund for Motorola radios. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Regional Communications System (RCS) provides public safety and public service radio communications service to San Diego County, Imperial County, 24 incorporated cities, and a multitude of other local, state, federal and tribal government agencies in the San Diego County/Imperial County Region. The RCS is in the planning stages to upgrade the regional public safety communications system. The planning and implementation of a new system will take several years to complete. During the March 11 , 2014 City Council meeting, the City Council approved Resolution #2014-44 authorizing the City to enter into an agreement with the County of San Diego to participate in the upgrade of the RCS radio system. A portion of the planning effort is to replace a great majority of the existing inventory of portable and mobile radios because they will no longer be compatible with the new communications system. Staff estimates that there are approximately 458 radios throughout the Police, Fire and Public Works fleet that will need to be replaced. As a result of salary savings from sworn personnel vacancies in the Police Department last fiscal year, the Police Department transferred $600,000 to the Technology Replacement Fund for radios. These funds will replace approximately 125 radios. Additional funding will need to be secured to purchase the remaining radios. Staff is working with the Finance Department on various funding options. City of Chula Vista Page 1 of 2 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 215 File#: 14-0508, Item#: 11. The Police Department is requesting to appropriate $600,000 from the available balance of the Technology Replacement Fund to purchase radios and associated equipment. On July 12, 2011 , Council authorized the Police and Fire Departments to purchase radios from Motorola via the County of San Diego's Motorola Contract Number 43095. Staff will continue to purchase radios from this contract. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by equipping personnel with adequate resources for community policing. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $600,000 to the supplies and services category of the Technology Replacement Fund from its available fund balance. There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There will be approximately 340 portable and mobile radios left in the Police, Fire and Public Works fleets which will need to be replaced within the next two years. Staff has been working with the Finance Department on several funding options to purchase the remaining radios. As options are identified, staff will return to City Council for additional funding. Staff Contact: Jonathan Alegre, Administrative Services Manager City of Chula Vista Page 2 of 2 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 216 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $600,000 FROM AVAILABLE BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR POLICE RADIOS WHEREAS, the Regional Communications System (RCS) provides public safety and public service radio communications service to San Diego County, Imperial County, 24 incorporated cities, and a multitude of other local, state, federal and tribal government agencies in the San Diego County/Imperial County Region; and WHEREAS, the RCS is in the planning stages to upgrade the regional public safety communications system; and WHEREAS, a portion of the planning effort is to replace the existing inventory of portable and mobile radios because they will no longer be compatible with the new communications system; and WHEREAS, on July 12, 2011, Council authorized the Police and Fire Departments to purchase radios from Motorola via the County of San Diego's Motorola Contract Number 43095; and WHEREAS, the Police Department will continue to piggyback from the County of San Diego's Motorola contract to purchase radios. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $600,000 to the Technology Replacement Fund's Supplies and Services expense category from the available balance of this fund for the purchase of police radios. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney Edward Chew Director of Information and Technology Services 2014-09-09 Agenda Packet Page 217 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0510, Item#: 12. RESOLUTION 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) RECOMMENDED ACTION City Council adopt the resolution. SUMMARY As part of the fiscal year 2014 year-end process, staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to align the budget with year-end actuals. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, appropriating funds per settlement terms, for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION As part of the fiscal year 2014 year-end process, staff has reviewed budget to actual reports to identify potential budget overages at either the category or fund level. Various budget changes are needed to align the budget with year-end actuals. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances, which arise that could require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and allows for budget transfers to be completed. Transfers exceeding $15,000 require Council approval. Further, Council may amend the budget at any meeting after the adoption of the budget with a 4/5ths vote. Staff is recommending changes in the General Fund and various other funds to align budget with year-end actuals where the actuals have exceeded budget. City of Chula Vista Page 1 of 8 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 218 File#: 14-0510, Item#: 12. General Fund Amendments Staff is recommending the following budget amendments in the General Fund: Human Resources - The Supplies and Services category exceeded budget due to higher than anticipated costs related to new employee medicals. There are sufficient savings in the Personnel Services category to address this overage, a transfer of $10,000 from the Personnel Services expenditure category to the Supplies and Services expenditure category is recommended. These changes result in no net fiscal impact. Staff is also recommending a reduction in the Transfer In revenue category; this revenue was incorrectly budgeted in the General Fund but should have been budgeted in the Public Liability Expense Fund. This change will result in a reduction in budgeted revenues of $33,654 in the General Fund and a corresponding increase in the Public Liability Expense Fund. City Attorney - The Supplies and Services category exceeded budget due to contracted attorney services fees that exceeded the budget resulting from City Attorney/Council directed actions. There are sufficient savings in the Personnel Services category to address this overage, a transfer of $58,000 from the Personnel Services expenditure category to the Supplies and Services expenditure category is recommended. These changes result in no net fiscal impact. Fire - The Fire Department has exceeded budget in various expenditure categories. Personnel Services is over budget due to higher than anticipated overtime costs and hourly wages. Supplies and Services is over budget due to higher than anticipated fleet maintenance charges. Utilities is over due to increased gas & electric and water costs. Combined, these categories exceeded budget by approximately $219,000. This overage will be addressed by appropriating $85,000 based on unanticipated revenue, transferring savings of $9,000 from the Transfers Out expenditure category within the Fire Department, and transferring $125,000 from Police Department budgetary savings. The Police Department has unanticipated savings of $117,000 in their fleet maintenance budget. The budget for fleet maintenance is based on historical usage and planned maintenance for the coming fiscal year. Actual fleet maintenance costs for the Police Department were lower than anticipated in the budget while the fleet maintenance charges for the Fire Department were higher than anticipated. The remaining $8,000 transfer from Police will come from savings in other Supplies and Services accounts. Police - The Utility category exceeded budget due to higher than anticipated water and gas & electric expenses. There are sufficient savings in the Personnel Services category to address this overage, a transfer of $18,000 from the Personnel Services expenditure category to the Utilities category is recommended. These changes result in no net fiscal impact. Staff is also recommending the transfer of $164,000 from Personnel Services and $11 ,000 from the Other Expense category to the Supplies and Services expense category for the purchase of body City of Chula Vista Page 2 of 8 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 219 File#: 14-0510, Item#: 12. worn camera equipment. As discussed above, $125,000 will be transferred from the Police Department to the Fire Department to help mitigate the shortfall in the Fire Department. Non Departmental - The budget for Non Departmental includes various transfers out from the General Fund to other funds. Actual expenses for the transfer from the General Fund to the Development Services Fund to account for subsidized energy efficiency permitting services have exceeded budget by approximately $46,000. The budget for the transfer from the General Fund to the Development Services needs to be increased by this amount to account for these increased costs. There are sufficient savings in the transfers to two debt service accounts to mitigate the increased costs related to the permit subsidy transfer. An appropriation of $10,920 is also needed to increase the transfer from the General Fund to the Energy Conservation Loans Fund. Actual revenues for this fund fell short of budget; in order to keep this fund in balance an additional transfer is needed. The appropriation to the Non Departmental budget will be fully offset by unanticipated revenues related to energy projects. This change results in no net fiscal impact. The 2003 Refunding Certificates of Participation bonds were retired in fiscal year 2013-14. There is cash remaining with the trustee in the amount of$271 ,003. Staff is requesting to transfer these funds from the 2003 Refunding COP fund to the General Fund in order to close the debt service fund for the 2003 Refunding COP. A Transfer-In of $271 ,003 is being requested to be added to the General Fund to receive the cash. This results in a positive fiscal impact to the General Fund. Public Works - Actual water expenses in the Public Works Department exceeded budget. There are some savings within the Utilities category to partially mitigate the overage but a transfer of $290,000 is needed to address the remaining overage. There are sufficient savings in the Personnel Services ($260,000) and Supplies and Services ($30,000) categories to offset the overage in Utilities. The increased water expenses are primarily in park maintenance and reflect higher water usage as a result of the drought and higher water rates. Amendments to Other Funds Staff is recommending budget amendments to the following funds: Central Garage Fund - The Central Garage Fund has exceeded budget in two expenditure categories - Supplies and Services and Utilities. The overage in Supplies and Services of $27,500 is attributable to vehicle accident damage repairs and can be addressed with a transfer from Personnel Savings. The overage of $54,000 in the Utilities category reflects higher than anticipated CNG related expenditures and can be addressed with a revenue offset appropriation. These City of Chula Vista Page 3 of 8 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 220 File#: 14-0510, Item#: 12. appropriations will be offset by a reimbursement revenue $54,000 from the Transit Fund that are related to these increased costs. Sewer Service Revenue Fund - As discussed above, a reimbursement from the Sewer Fund was incorrectly budgeted in the General Fund. The reimbursement should be to the Public Liability Expense Fund for expenditures incurred on behalf of the Sewer Fund. In order to make this correction, a decrease in the Transfer Out to the General Fund of $33,654 and an increase in the Transfer Out to the Public Liability Trust Fund is requested. These changes result in no net fiscal impact to the Sewer Fund. Public Liability Fund - The addition of a Transfer In of $33,654 from the Sewer Fund is needed to reimburse the Public Liability Fund for expenditures incurred on behalf of the Sewer Fund. This will result in a positive fiscal impact to the Public Liability Fund. Eastlake Maintenance District - An appropriation of $100 to the Other Expenses category and a $1,000 appropriation to the Supplies and Services expenditure category are needed to offset overages in these budgets due to actual service activity levels. These appropriations will be made from the available fund of the Eastlake Maintenance District Fund. Open Space District #3 - An appropriation of $500 to the Other Expenses category and a $500 appropriation to the Supplies and Services expenditure category are requested to offset overages in these budgets due to actual service activity levels. These appropriations will be made from the available fund of the Open Space District #3 Fund. Open Space District #17 - An appropriation of$1 ,000 to the Other Expenses category is requested to offset overages in this expenditure category due to actual service activity levels. This appropriation will be made from the available fund of the Open Space District #17 Fund. Open Space District #20 - An appropriation of $4,500 to the Utilities expenditure category is requested to offset overages in utility expenses for water due to actual service activity levels. This appropriation will be made from the available fund of the Open Space District #20 Fund. Development Services - As discussed above the actual reimbursement for subsidized energy efficiency permitting services from the General Fund to the Development Services Fund exceeded budget. An increase in the Transfer In from the General Fund is needed to account for this additional reimbursement of$46,000. 2004 COP Civic Center Project Phase 1 and 2006 COP Civic Center Project Phase - A reduction in the transfer from the General Fund to these funds is proposed. A reduction in the budgeted transfer will not negatively impact these funds as the actual transfer amount was less than budget. The City of Chula Vista Page 4 of 8 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 221 File#: 14-0510, Item#: 12. transfer to the 2004 COP Civic Center Project Phase 1 will be reduced by $26,000 and the transfer to the 2006 COP Civic Center Project Phase 2 will be reduced by $20,000. Energy Conservation Loans Fund - As discussed above, actual revenues for this fund fell short of budget by $10,920. An increase in the transfer in from the General Fund will mitigate this shortfall. Federal Grants Fund - This fund includes a transfer from the Fire Department to act as matching funds for a grant. A reduction of $9,000 in the transfer from the Fire Department is proposed. This reduction will not negatively impact the Federal Grants fund as the actual match required amount was less than budget. Transit Fund - The Transit fund has exceeded its Supplies and Services budget. The overage of $129,000 is a result of higher than anticipated CNG fuel costs and can be addressed with a revenue offset appropriation. 2003 Refunding COP - As noted above, the 2003 Refunding Certificates of Participation bonds were retired in fiscal year 2013-14. There is cash remaining with the trustee in the amount of $271 ,003. Staff is requesting to transfer these funds from the 2003 Refunding COP fund to the General Fund in order to close the debt service fund for the 2003 Refunding COP; a Transfer -Out of$271 ,003 will be added to the 2003 Certificates of Participation fund. A corresponding Transfer-In of $271 ,003 will be added to the General Fund to receive the cash. 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 Eastlake Maintenance District, Open Space District #3, Open Space District #17, and Open Space District #20 which is the subject of this action. Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. Staff has determined that the action contemplated by the action related to the Civic Center project is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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. With respect to the remaining decisions contemplated by this action staff 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 City of Chula Vista Page 5 of 8 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 222 File#: 14-0510, Item#: 12. 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. This action supports the Operational Excellence goal by identifying needed budget amendments in an open and transparent manner. This transparency supports City Initiative 1.3.1. - "Foster public trust through an open and ethical government." CURRENT YEAR FISCAL IMPACT Approval of the resolution amending the fiscal year 2013/14 budget will result in the following appropriations and/or transfers. The resulting fiscal impacts to various funds are also listed in the following tables. Summary of General Fund Budget Appropriations and Transfers by Department Department Description Expenditures Revenues Net Impact Human Resources $10,000 transfer from Personnel Services to$ - $ - $ - Supplies and Services Reduce reimbursement from Sewer Fund $ - $ (33,654) $ (33,654) City Attorney $58,000 transfer from Personnel Services to$ - $ - $ - Supplies and Services Fire Appropriation to Personnel Services based $ 85,000 $ 85,000 $ on unanticipated revenues $9,000 transfer from Transfers Out to $ - $ - $ - Utilities Transfer from Police Department $ 125,000 $ - $ (125,000) Police Transfer to Fire Department $ (125,000) $ - $ 125,000 $193,000 transfer from Supplies and $ - $ - $ - Services to Utilities Non-Departmental $46,000 transfers within the Transfers Out $ - $ - $ - expense category Increase transfer to Energy Conservation $ 10,920 $ 10,920 $ - Loans Fund Transfer-In from 2003 Refunding COP $ - $ 271,003 $ 271,003 Public Works $290,000 transfer from Personnel Services $ - $ - $ - and Supplies and Services to Utilities Total General Fund $ 95,920 $ 333,269 $ 237,349 Approval of this resolution will align actuals and budget in the General Fund. The net fiscal impact of these changes results in a positive fiscal impact of$237,349 in the General Fund. The positive fiscal impact largely reflects the reimbursement to the General Fund from the 2003 Refunding COP. Summary of Budget Appropriations and Transfer by Fund City of Chula Vista Page 6 of 8 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 223 File#: 14-0510, Item#: 12. Fund Description Expenditures Revenues Net Impact Central Garage $27,500 transfer from Personnel Services to$ - $ - $ - Supplies and Services Appropriation for Utility expenses $ 54,000 $ 54,000 $ - Sewer Service $33,564 transfer within Transfers Out $ - $ - $ - Revenue expense category Public Liability Add reimbursement revenue from Sewer $ - $ 33,654 $ 33,654 Fund Eastlake Appropriations for Other Expenses and $ 1,100 $ - $ (1,100) Maintenance District Supplies and Services expenses Open Space District Appropriations for Other Expenses and $ 1,000 $ - $ (1,000) 3 Supplies and Services expenses Open Space District Appropriation for Other Expenses category $ 1,000 $ - $ (1,000) 17 Open Space District Appropriation for Utilities expenses $ 4,500 $ - $ (4,500) 20 Development Increase reimbursement from General Fund $ - $ 46,000 $ 46,000 Services 2004 COP Civic Reduce transfer in from General Fund $ - $ (26,000) $ (26,000) Center Project Phase 1 2006 COP Civic Reduce transfer in from General Fund $ - $ (20,000) $ (20,000) Center Project Phase 2 Energy Increase transfer from General Fund $ - $ 10,920 $ 10,920 Conservation Loans Federal Grants Reduce transfer in from General Fund $ - $ (9,000) $ (9,000) Transit Appropriation for Supplies and Services $ 129,000 $ 129,000 $ - expenses 2003 Refunding Appropriation for a transfer out to the $ 271,003 $ - $ (271,003) COP General Fund Total Other Funds $ 461,603 $ 218,574 $ (243,029) Approval of this resolution will align actuals and budget within various other funds. The changes in the Public Liability Expense Fund, Development Services Fund, and Energy Conservation Loan Fund result in a positive fiscal impact to these funds. The changes to the 2004 COP Civic Center Project Phase 1 fund, 2006 COP Civic Center Project Phase 2, and Federal Grants fund result in no net fiscal impact. The appropriations to Open Space Districts 3, 17, 20, Eastlake Maintenance District, and the 2003 Refunding COP will be made from the available fund balance of each fund. All other changes result in no net fiscal impact. ONGOING FISCAL IMPACT Actual water expenses in the Public Works Department totaled $2.1 million in fiscal year 2013/14. The fiscal year 2014/15 budget includes $1.9 million for water expenses. An additional budget appropriation for these expenses may be needed mid-year. As discussed above, water usage was higher than anticipated due to drought conditions. City of Chula Vista Page 7 of 8 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 224 File#: 14-0510, Item#: 12. Staff will review the impacted budgets to identify potential ongoing impacts and may recommend changes during fiscal year 2014/15. Staff Contact: Angelica Aguilar, Finance Department City of Chula Vista Page 8 of 8 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 225 RESOLUTION NO. RESOLUTION 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 WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed a year-end review and is recommending a number of budget amendments in order to address unanticipated budget overages; and WHEREAS, various transfers between revenue and expense categories are recommended in order to address unanticipated budget overages and ensure correct accurate year-end reporting; and WHEREAS, staff is recommending various appropriations and/or transfers between expenditure categories within General Fund Departments to mitigate overages within expenditure categories that result in a net positive fiscal impact of$237,349; and WHEREAS, budget appropriations and/or transfers recommended in the Central Garage, Sewer Service Revenue, and Transit result in no net fiscal impact to these funds; and WHEREAS, appropriations to Open Space Districts 3, 17, 20, Eastlake Maintenance District, and the 2003 Refunding COP will be made from the available fund balance of these respective funds; and WHEREAS, the budget amendments to the 2004 COP Civic Center Project Phase 1 Fund, 2006 COP Civic Center Project Phase 2 Fund, and Federal Grants Fund result in no net fiscal impact; and WHEREAS, appropriations to the Public Liability, Development Services and Energy Conservation Loans funds result in a positive fiscal impact to these funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2013/14 budget and approves the following appropriations: 2014-09-09 Agenda Packet Page 226 Summary of General Fund Appropriations and/or Transfers Supplies& Trans fe rs Other Total Department Revenue Human Resources $ 10,000) $ 10,000 $ $ $ $ $ 33,654 $ 33,654 City Attorney..............:.........(58,000).$..............58,000 $ $ $.............................................. ....................................... ................................................... Fire $ 141,000 $ 66,000 $ 9,000 $ 12,000 $ $ 210,000E $ 85,000 $ 125,000 Pohee $ (182,000) $ 50,000 $ $ 18,000 $ (11,000) $ (125,000). $ $ 125,000 Non Departmental $ $ $ 10,920 $ $ $ 1.0,920E $ 281,923 $ 271,003 Public Works E $ 260,000 $ 30,000 $ $ 290,000 $ - $ -�E $ - $ - Total General Fund $ (369,000) $ 154,000 $ 1,920 1 $320,000 $ (11,000) $ 95,920 $333,269 $237,349 Summary of Appropriations and/or Transfers for Other Funds Supplies& Transfers Total Fund Personnel Central Garage $ 500)'$ 27,500 $ - $ 54,000 $ 54,000 $ 54,000_E $ Public Liability $ E$ E $ E $ $ $ $ 33,654: $ 33,654 ..................................................................... .................................................................--................... Eastlake Maintenance District $ $ 1,000E $ $ 100 $ $ 1,100 $ $ 1,100) O en S ace District#3 $ E$ 500 $ E $ 500 $ $ 1,000 $ E $ 1,000 Open Space District#17............$............. $.............:.....$..............:. $.........1,000. .$.......:... $.............1,000 $ ........:... $ ....01009) .,... ... .. .. .... 4,500 $ 41500 $ $ 4,500) 46,000E $ 46,000 2004 COP Civic Center Project Phase 1 (26,000); $ 26,000) 2006 COP Civic Center Project Phase 2 $ $ $ 20,000 ....(20,000 ...................................................$............:..... ......................E......................E...................... ................................................... ) Energy Conservation Loans $ E$ $ E $ $ $ $ 10,920E $ 10,920 Federal Grants Fund E $ $ $ $ $ (9,000): $ (9,000) .................................................................... ............................................:...................... ...................................................... .99):...........00) Transit $ $ 129,000E $ $ $ $ 129,000 $ 129,000 $ ................................................................................................................................................................. 2003 COP $ E$ $ 271,003E $ $ - $ 271,003 Total General Fund $ (27,500):$ 158,000 :$ 271,003E $ 1,600 $58,500 $ 461,603 $218,574E Summary of Changes to Transfers Out Non Departmental 2004 COP Civic Center Project Phase 1 $(26,000) Non Departmental 2006 COP Civic Center Project Phase 2 $(20,000) Non Departmental Development Services $ 46,000 Sewer Service Revenue General Fund- Human Resources $(33,654) Sewer Service Revenue Public Liability Expense $ 33,654 Presented by Approved as to form by 2014-09-09 Agenda Packet Page 227 Resolution No. Page 3 Maria Kachadoorian Glen R. Googins Director of Finance/Treasurer City Attorney 2014-09-09 Agenda Packet Page 228 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0460, Item#: 13. CONSIDERATION OF THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE- ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY (FIRST READING) RECOMMENDED ACTION Council conduct the public hearing and place the ordinance on first reading. SUMMARY In 1997, the City of Chula Vista entered into a Restated and Amended Pre-Annexation Development Agreement with Otay Ranch, L.P., the property owner at that time. The agreement provided certain assurances to the City, while providing the owner with certainty in the planning process for the Otay Ranch (See Attachment 3). The original term of the agreement was 20 years. With the breakup in ownership of properties in the Otay Ranch beginning in the late 1990's, Otay Land Company, LLC purchased several large parcels that were subject to the Agreement. Since development agreements "run with the land", the Otay Land Company (OLC) became a party to the agreement for their portions of property within the original agreement. On April 15, 2008, the City of Chula Vista entered into a Land Offer Agreement (LOA) with OLC that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for 50 acres of developable University/Regional Technology Park land if certain entitlements are approved within the agreed upon timeframes. These entitlements, in the form of Sectional Planning Area (SPA) Plans and Tentative Maps (TMs) for OLC's Villages 8 West and 9 were approved in December 2013 and June 2014, respectively. Exhibit C of the LOA also stipulated certain amendments to the Development Agreement that needed to be approved in order to assume the benefits described above. These amendments are presented for action in this report. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in Final Environmental Impact Report EIR-05-01 and previously adopted Final Second Tier Environmental Impacts Reports (EIR-10-03 & EIR-10-04). Thus, no further City of Chula Vista Page 1 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 229 File#: 14-0460, Item#: 13. environmental review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION On July 23, 2014 the Planning Commission recommended Council approval (4-0-2-1) of the proposed amendment. DISCUSSION As directed by the approved LOA, the proposed amendments (See Attachment 2) to the previous development agreement are minor in nature and would make the following six required changes: • Increase the term of the agreement for another 20 years; • Increase the period of time that Tentative Maps and Permits are valid to be equal to the term of this agreement; • Clarify the City's Growth Management Ordinance that was in effect in May 2013 applies to the project; • Stipulate that the parties agree to the modifications to the Existing Project Approvals that were approved by the City in the form of the Villages 8 West and 9 SPA Plans and Tentative Maps; • Clarify Section 7.5 as it relates to reimbursement for certain facilities; and, • Clarify that all of the other terms and provisions of the development agreement shall remain unmodified and in full force and effect. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property that is subject to this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project supports the Economic Vitality goal, particularly City Initiative 2.1 .3 (Promote and support development of quality master-planned communities) as it relates to development within portions of the Otay Ranch. These amendments will also allow the City the opportunity to accept lands for the University Innovation District, as agreed to in the LOA between the City and the Otay Land Company, which will provide access to higher education for the citizens of Chula Vista and south bay. CURRENT YEAR FISCAL IMPACT The cost for processing the Amendment to the Restated and Amended Pre-Annexation Development Agreement was funded by a developer deposit account, and therefore, there is no Fiscal Impact to the General Fund. City of Chula Vista Page 2 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 230 File#: 14-0460, Item#: 13. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts associated with the approval of this amendment. ATTACHMENTS 1 . Exhibit C from the April 2008 Land Offer Agreement between the City of Chula Vista and the Otay Land Company, LLC. 2. Proposed First Amendment to Restated and Amended Pre-Annexation Development Agreement 3. Restated and Amended Pre-Annexation Development Agreement with Otay Ranch, L.P. dated May 12, 1997. Staff Contact: Scott Donaghe, Principal Planner, Development Services Department City of Chula Vista Page 3 of 3 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 231 EXHIBIT C DEVELOPMENT AGREEMENT PROVISIONS 1. Term. The following language shall be added to the end of the last sentence of the first full paragraph of Section 3 of the existing Development Agreement: "from , 20_, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain"Land Offer Agreement"by and between the City and Otay Land Company, LLC, a Delaware limited liability company, approved by the City Council on , 2008." 2. Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement, entitled"Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration. Pursuant to California Government Code section 66452.6,any tentative subdivision map,parcel map or other map authorized by the State Subdivision Map Act that is approved for the Project shall remain valid for a period of time equal to a term of this Agreement. In addition,notwithstanding any condition or provision to the contrary,every permit and approval for the Project other than ministerial approvals shall remain valid for a period of time equal to the term of this Agreement." 3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the existing Development Agreement, entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary,the City's Growth Management program,as set forth in the Growth Management Element of the City's General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof." 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on , 20_." 5. Reimbursement. At the end of the first sentence of Section 7.5 of the existing Development Agreement,entitled"Facilities Which are the Obligations of Another Party,or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: 2014-09-091AkM891P?tcket Page 232 "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." 2014-09-09IQp4hafl jcket Page 233 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Gleiy�4 oogins ate •; City Attorney Dated: 2 FIRST AMENDMENT TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN OTAY LAND COMPANY, LLC AND THE CITY OF CHULA VISTA 2014-09-09 Agenda Packet Page 234 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Ave. Chula Vista, CA 91910 Attention: City Clerk (Space Above For Recorder's Use) FIRST AMENDMENT TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT (First Amendment) is entered into and effective as of September 9, 2014, by and between Otay Land Company, LLC, a Delaware limited liability company (Owner) and the City of Chula Vista, a political subdivision of the State of California (City). RECITALS A. On or about May 12, 1997, City and The Otay Ranch, L.P., a California Limited Partnership (the "Original Owner") entered into that certain Restated and Amended Pre- Annexation Development Agreement(Development Agreement) recorded in the San Diego County Recorder's Office on May 12, 1997, as Document No. 2008-0218696. B. Pursuant to section's 2.6, 15.1 and 16.1 of said Development Agreement, Owner acquired its interest in portions of the property subject to the Development Agreement, said property being described on Exhibit A, Exhibit B and Exhibit C attached hereto and incorporated herein by this reference. B. On or about April 9, 2008, City and Owner entered into that certain Land Offer Agreement (LOA) recorded in the San Diego County Recorder's Office on April 24, 2008, as Document No. 2008-0218696 and subsequently amended on or about February 26, 2013, recorded in the San Diego County Recorder's Office on March 20, 2013, as Document No. 2013- 0176117. - C. City and Owner wish to amend the Development Agreement in accordance with the terms and provisions of the LOA. D. Unless otherwise defined herein, capitalized terms as used herein shall have the same meaning as given thereto in the Development Agreement. First Amendment to DA/LOA 2014-09-09 Agenda Packet Page 235 NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Owner and City agree as follows: 1. Term. The following language shall be added to the end of the last sentence of the first full paragraph of Section 3 of the Development Agreement: "from May 28, 2013, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between the City and Otay Land Company, LLC, a Delaware limited liability company, approved by the City Council on or about May 12, 2008." 2. Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration." Pursuant to California Government Code section 66452.6, any tentative subdivision map,parcel map or other-map authorized by the State Subdivision Map Act that is approved for the Project shall remain valid for a period of time equal to a term of this Agreement. In addition, notwithstanding any condition or provision to the contrary, every permit and approval for the Project other than ministerial approvals shall remain valid for a period of time equal to "the term of this Agreement." 3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the existing Development Agreement, entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary,the City's Growth Management program, as set forth in the Growth Management Element of the City General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof" 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the ExistingProject Approvals approved by the City Council on December 17, 2013 and June 3, 2014." 5. Reimbursement. At the end of the first sentence of Section- 7.5 of the existing Development Agreement, entitled "Facilities Which are the Obligations of Another Party, or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." First Amendment to DA/LOA C:\Documents and Settings\jeff\My Documents\Recording documents for DA amend FfNAL.9-2.]4.docx '2- 2014-09-09 Agenda Packet Page 236 6. No Further Modification. Except as set forth in this First Amendment, all of the terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, this Amendment has been executed as of the day and year first above written. CITY OF CHULA VISTA, a political OTAY LAND COMPANY, LLC, subdivision of the State of California a Delaware limited liability company EXECUTED BY: EXECUTED BY: Cheryl Cox, Mayor Er' Ruhe, Vice President ATTESTED BY: Donna Norris, City Clerk APPROVED AS TO FORM Glen R. Googins, City Attorney First Amendment to DA/LOA C:\Documents and Settings\jeff\My Documents\Recording documents for DA amend FINAL.9-2 14.docx '3. 2014-09-09 Agenda Packet Page 237 EXHIBIT "A" LEGAL DESCRIPTION PARCEL "B" PARCEL 1: LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER WHICH IS COMMON TO LOTS 23, 24, 27, AND 28 OF SAID OTAY RANCHO; THENCE SOUTH 71'16'00" WEST (RECORD: SOUTH 72°13;00" WEST), A DISTANCE OF 544.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17 031'00" WEST (RECORD: NORTH 16 034'00" WEST), A DISTANCE OF 97.14 FEET; THENCE NORTH 61008'00" WEST, A DISTANCE OF 1,225.69 FEET; THENCE SOUTH 28 059'39"WEST, A DISTANCE OF 449.11 FEET; THENCE SOUTH 38 046'05" EAST, A DISTANCE OF 980.94 FEET; THENCE NORTH 74 004'00" EAST, A DISTANCE OF 810.00 FEET; THENCE NORTH 15 056'00" WEST, A DISTANCE OF 195.88 FEET; THENCE NORTH 17 031'00" WEST, A DISTANCE OF 66.13 FEET, RETURNING TO SAID TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THOSE PORTIONS OF SAID LOTS 27 AND 28 CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912, AND RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST 506 FEET OF LOT 4 OF SAID OTAY RANCHO AND STRIP OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND THE RIGHT OF WAY OF THE OTAY-CORONADO PIPE LINE, AS DESCRIBED IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A 2014-09-09 Agenda Packet Page 238 MORE PARTICULAR DESCRIPTION OF SAID PARCELS. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED AS PARCEL 3 IN AMENDED COMPLAINT IN CONDEMNATION CIVIL NO. 79-0907-N, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 15, 1980 AS DOCUMENT NO. 80-137651. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO THE CITY OF SAN DIEGO RECORDED JANUARY 9, 2009 AS FILE NO. 2009-0010329, OFFICIAL RECORDS. PARCEL 2: ALL THOSE PORTIONS OF LOTS 27 AND 28, OTAY RANCH, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED FEBRUARY 7, 1900, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER WHICH IS COMMON TO LOTS 23, 24, 27 AND 28 OF SAID OTAY RANCHO; THENCE SOUTH 71'16'00" WEST, (RECORD SOUTH 72°13'00" WEST A DISTANCE OF 544.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17 031'00" WEST (RECORD NORTH 16 034'00" WEST), A DISTANCE OF 97.14 FEET; THENCE NORTH 61008'00"WEST, A DISTANCE OF 1,225.69 FEET; THENCE SOUTH 28 059'39"WEST, A DISTANCE OF 449.11 FEET; THENCE SOUTH 38 046'05" EAST, A DISTANCE OF 980.94 FEET; THENCE NORTH 74 004'00" EAST, A DISTANCE OF 810.00 FEET; THENCE NORTH 15 056'00"WEST A DISTANCE OF 195.88 FEET; THENCE NORTH 17 031'00"WEST, A DISTANCE OF 66.13 FEET; RETURNING TO SAID TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER WHICH IS COMMON TO LOTS 23, 24, 27, 28 OF SAID RANCHO OTAY, SAID CORNER ALSO BEING THE MOST SOUTHEASTERLY CORNER OF 2014-09-09%g?, W,��egal Description\A27 Parcel B-Village 8W.docx Page 239 SAID LOT 28; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 28, S 71058,14"W, 553.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE S 19 003'43" E, 267.98 FEET; THENCE S 25 056'17"W, 28.28 FEET; THENCE S 70 056'17" W, 754.24 FEET; THENCE N 74 003'43" W, 34.87 FEET; THENCE N 39 003'43"W, 314.14 FEET TO THE BEGINNING OF A TANGENT 1936.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO WHICH BEARS S 50056'17" W; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16 058'10", A DISTANCE OF 573.39 FEET TO A POINT ON A NON- TANGENT LINE, A RADIAL LINE TO WHICH BEARS S 67 054'27"W; THENCE N 25 056'17" E, 28.28 FEET; THENCE N 70 056'17" E, 984.29 FEET; THENCE S 64 003'43" E, 28.28 FEET; THENCE S 19 003'43" E, 587.02 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3A: THAT PORTION OF THE SAN DIEGO PIPELINE RIGHT-OF-WAY GRANTED TO THE CITY OF SAN DIEGO PER DEED RECORDED JANUARY 31, 1913 IN BOOK 598, PAGE 54 OF DEEDS, LYING WITHIN LOT 28 OF THE OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE NORTHERLY LINE THEREOF NORTH 71 057'57" EAST, 374.93 FEET TO THE SOUTHWESTERLY LINE OF SAID SAN DIEGO PIPELINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF LOT 28 NORTH 71057'57" EAST, 52.00 FEET TO THE NORTHEASTERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE LEAVING THE NORTHERLY LINE OF SAID LOT 28 AND ALONG THE NORTHEASTERLY LINE OF SAID SAN DIEGO PIPELINE SOUTH 33 059'04" EAST, 431.57 FEET; THENCE SOUTH 56 000'56"WEST, 5.00 FEET; THENCE SOUTH 33 059'04" EAST, 252.10 FEET TO THE BEGINNING OF A 266.84 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 001'13" A DISTANCE OF 125.84 FEET; THENCE SOUTH 61 000'17" EAST, 265.81 FEET; THENCE NORTH 28 059'43" EAST, 5.00 FEET; THENCE SOUTH 61 000'17" EAST, 1474.83 FEET TO A POINT ON THE NORTHERLY LINE 2014-09-09%g?, W,��egal Description\A27 Parcel B-Village 8W.docx Page 240 OF THAT PROPERTY DEEDED TO THE CITY OF SAN DIEGO PER DOCUMENT RECORDED JANUARY 9, 2009 AS FILE NO. 2009-0010329, OF OFFICIAL RECORDS; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID SAN DIEGO PIPELINE AND ALONG THE NORTHERLY LINE OF SAID 2009 DEED SOUTH 70 056'17"WEST, 67.22 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE LEAVING THE NORTHERLY LINE OF SAID 2009 DEED AND ALONG SAID SOUTHWESTERLY LINE OF SAID SAN DIEGO PIPELINE NORTH 61 000'17"WEST, 1429.90 FEET; THENCE SOUTH 28 059'43"WEST, 55.00 FEET; THENCE NORTH 61000,17" WEST, 265.81 FEET TO THE BEGINNING OF A 366.84 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 001'13" A DISTANCE OF 173.00 FEET; THENCE NORTH 33 059'04" WEST, 252.10 FEET; THENCE NORTH 56 000'56" EAST, 55.00 FEET; THENCE NORTH 33 059'04"WEST, 445.86 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 3.703 ACRES, MORE OR LESS. THE HEREINABOVE DESCRIBED PARCEL OF LAND BEING SHOWN AND DESCRIBED AS "PORTION 1 DESCRIPTION, PARCEL A" IN THAT CERTAIN GRANT DEED RECORDED AUGUST 16, 2013 AS DOC. NO. 2013-0516511, OF OFFICIAL RECORDS. PARCEL 3B: THAT PORTION OF THE SAN DIEGO PIPELINE RIGHT-OF-WAY GRANTED TO THE CITY OF SAN DIEGO PER DEED RECORDED JANUARY 31, 1913 IN BOOK 598, PAGE 54 OF DEEDS, LYING WITHIN LOTS 27 AND 28 OF THE OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 27; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 18 039'52" EAST, 975.01 FEET TO A POINT ON THE NORTHERLY LINE OF SAID SAN DIEGO PIPELINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 18 039'52" EAST, 113.15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE 2014-09-09%g?, W,��egal Description\A27 Parcel B-Village 8W.docx Page 241 ALONG SAID SOUTHERLY LINE NORTH 80 045'54"WEST, 298.16 FEET TO THE BEGINNING OF A 366.48 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09 031'02" A DISTANCE OF 60.88 FEET; THENCE LEAVING THE SOUTHERLY LINE OF SAID PIPELINE ALONG THE ARC OF SAID 366.48 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 16 000'56"A DISTANCE OF 102.44 FEET TO THE SOUTHWESTERLY LINE OF SAID PIPELINE; THENCE ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF SAID 366.48 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 18 031'09" A DISTANCE OF 118.45 FEET; THENCE NORTH 36 042'47" WEST, 310.71 FEET TO THE BEGINNING OF A 366.74 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 054'02" A DISTANCE OF 127.38 FEET; THENCE NORTH 16 048'45"WEST, 54.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THAT PROPERTY DEEDED TO THE CITY OF SAN DIEGO PER DOCUMENT RECORDED JANUARY 9, 2009 AS FILE NO. 2009-0010329, OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE OF SAID SAN DIEGO PIPELINE AND ALONG SAID SOUTHEASTERLY LINE NORTH 25 056'17" EAST, 2.24 FEET; THENCE ALONG THE EASTERLY LINE OF SAID 2009 DEED, NORTH 19 003'43"WEST, 38.73 FEET TO A POINT ON SAID WESTERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE LEAVING SAID EASTERLY LINE OF SAID 2009 DEED AND ALONG SAID WESTERLY LINE NORTH 16 048'45"WEST, 341.60 FEET TO THE BEGINNING OF A 121.56 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29 030'34" A DISTANCE OF 62.61 FEET TO A POINT ON A NON-TANGENT EASTERLY LINE OF SAID 2009 DEED; THENCE LEAVING SAID WESTERLY LINE OF SAID SAN DIEGO PIPELINE AND ALONG SAID EASTERLY LINE NORTH 19 003'43" WEST, 83.88 FEET TO A POINT ON SAID WESTERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE LEAVING SAID EASTERLY LINE OF SAID 2009 DEED ALONG SAID WESTERLY LINE NORTH 28 059'43" EAST, 2.90 FEET; THENCE NORTH 61000'17"WEST, 3.23 FEET TO A POINT ON THE EASTERLY LINE OF SAID 2009 DEED; THENCE LEAVING SAID WESTERLY LINE OF SAID SAN DIEGO PIPELINE AND ALONG SAID EASTERLY LINE NORTH 19 003'43"WEST, 74.81 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID SAN DIEGO PIPELINE; THENCE LEAVING SAID EASTERLY LINE OF SAID 2009 DEED AND ALONG SAID NORTHEASTERLY LINE SOUTH 61 000'17" EAST, 57.98 FEET; THENCE SOUTH 28 059'43" WEST, 5.00 FEET TO THE BEGINNING OF A NON-TANGENT 301.56 FOOT RADIUS CURVE 2014-09-09%g?, W,��egal Description\A27 Parcel B-Village 8W.docx Page 242 CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 28 059'43" EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 011'32" A DISTANCE OF 232.59 FEET; THENCE SOUTH 16 048'45" EAST, 403.46 FEET TO THE BEGINNING OF A 266.74 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 054'02" A DISTANCE OF 92.65 FEET; THENCE SOUTH 36 042'47" EAST, 310.71 FEET TO THE BEGINNING OF A 266.48 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44 003'07" A DISTANCE OF 204.88 FEET; THENCE SOUTH 80 045'54" EAST, 245.21 FEET TO THE TRUE POINT OF BEGINNING. THE HEREINABOVE DESCRIBED PARCEL OF LAND BEING SHOWN AND DESCRIBED AS "PORTION 1 DESCRIPTION, PARCEL B" IN THAT CERTAIN GRANT DEED RECORDED AUGUST 16, 2013 AS DOC. NO. 2013-0516511, OF OFFICIAL RECORDS. 2014-09-09%g?, W,��egal Description\A27 Parcel B-Village 8W.docx Page 243 EXHIBIT "A" LEGAL DESCRIPTION PARCEL "C" LOTS 16, 17 AND 18 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7, 1900. EXCEPTING THEREFROM THAT PORTION OF SAID LOT 17, CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912, AND RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST, 506 FEET OF LOT 4 OF SAID OTAY RANCHO AND STRIPS OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND THE LINE OF THE RIGHT OF WAY OF THE OTAY-CORONADO PIPE LINE, AS DESCRIBED IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOTS 17 AND 18 CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED SEPTEMBER 1, 2005 AS DOCUMENT NO. 2005-0759298 LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E. 22606" PER RECORD OF SURVEY NO. 16504, RECORDED MARCH 9TH, 2000 IN THE OFFICE OF SAID COUNTY RECORDER, SAID PIPE MARKING THE NORTHEAST CORNER OF LOT 2 3 OF SAID OTAY RANCHO, AND BEARING NORTH 71057'57" EAST 804.798 METERS FROM A 2" IRON PIPE WITH DISC STAMPED "L.S. 5284" MARKING THE SOUTHWEST CORNER OF LOT 10 OF MAP NO. 14432, RECORDED AUGUST 3 0TH, 2 0 02 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 18 040'36" EAST 324.223 METERS TO A POINT HEREIN REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 18 040'36" EAST 178.898 2014-09-09 Agenda Packet Page 244 METERS TO THE BEGINNING OF A NON-TANGENT 1629.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 62°20'18" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 046'15" A DISTANCE OF 107.257 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 66 004'27" WEST 2.000 METERS TO THE BEGINNING OF A NON-TANGENT 1627.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 66 006'33" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 022'45" A DISTANCE OF 209.633 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 46 012'45" EAST 7.041 METERS TO THE BEGINNING OF A NON-TANGENT 1631.200 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 73 042'11" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 037'25" A DISTANCE OF 46.228 METERS; THENCE SOUTH 75 019'37"WEST 3.500 METERS TO THE BEGINNING OF A 1627.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04 031'29" A DISTANCE OF 128.541 METERS; THENCE NON- TANGENT TO SAID CURVE SOUTH 18 040'36" EAST 87.291 METERS; THENCE SOUTH 08 000'06" EAST 19.092 METERS; THENCE SOUTH 11 041'19" EAST 24.481 METERS; THENCE SOUTH 16 027'43" EAST 24.874 METERS; THENCE SOUTH 20 032'09" EAST 26.118 METERS; THENCE SOUTH 20 053'50" EAST 30.314 METERS; THENCE SOUTH 04 019'10" WEST 29.530 METERS; THENCE SOUTH 06 003'38"WEST 77.800 METERS; THENCE SOUTH 05 049'22" WEST 22.546 METERS; THENCE NORTH 79 053'42" EAST 32.402 METERS; THENCE SOUTH 01 031'37"WEST 25.439 METERS; THENCE SOUTH 06 034'53" WEST 11.008 METERS; THENCE SOUTH 45 000'54"WEST 30.733 METERS; THENCE SOUTH 01 24'21"WEST 77.485 METERS; THENCE SOUTH 11 22'20"WEST 30.117 METERS; THENCE SOUTH 13 045'02"WEST 28.527 METERS; THENCE SOUTH 31 010'10" WEST 28.222 METERS; THENCE SOUTH 16 38'48"WEST 22.806 METERS; THENCE SOUTH 08 41'59"WEST 25.640 METERS; THENCE SOUTH 17 028'45"WEST 27.925 METERS; THENCE SOUTH 250 54'42" WEST 26.053 METERS; THENCE SOUTH 01 051'20" WEST 90.226 METERS; THENCE SOUTH 12 017'55" EAST 34.960 METERS; THENCE SOUTH 03 015'57"WEST 31.934 METERS TO THE BEGINNING OF A NON-TANGENT 63.657 METER RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS SOUTH 77 041'34" EAST; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76 000'21" A 2014-09-09%g?, W,��egal Description\A28 Parcel C-Village 9.docx Page 245 DISTANCE OF 84.444 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 16 012'00"WEST 157.318 METERS TO THE BEGINNING OF A 1561.900 METER RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY 634.612 METERS THROUGH A CENTRAL ANGLE OF 23 016'47" TO A POINT ON THE SOUTH LINE OF LOT 25 OF SAID OTAY RANCHO, SAID POINT BEING THE POINT OF TERMINUS AND BEARING NORTH 71022'55" EAST 2555.510 METERS FROM A 2" IRON PIPE WITH DISC STAMPED "R.C.E. 22606" PER SAID RECORD OF SURVEY, SAID PIPE MARKING THE SOUTHWEST CORNER OF LOT 36 OF SAID OTAY RANCHO. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 16 CONVEYED TO THE COUNTY OF SAN DIEGO IN GRANT DEED RECORDED FEBRUARY 28, 2006 AS DOCUMENT NO. 2006-0139662, OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 16 LYING NORTHERLY OF PARCEL "A" AND SOUTHERLY OF PARCEL "B" OF SAID GRANT DEED CONVEYED TO THE COUNTY OF SAN DIEGO. 2014-09-09%g?, W,��egal Description\A28 Parcel C-Village 9.docx Page 246 EXHIBIT "C" LEGAL DESCRIPTION PARCEL "A" PARCEL 1: PARCEL A OF LOT LINE ADJUSTMENT DEED RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-1159742, OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 44 IN THE OTAY RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 862, FILED FEBRUARY 7, 1900 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 44; THENCE ALONG THE EASTERLY LINE OF SAID LOT 44, SOUTH 18 037'56" EAST, A DISTANCE OF 1868.17 FEET; THENCE LEAVING SAID EASTERLY LINE, NORTH 75 014'35"WEST, A DISTANCE OF 1093.04 FEET; THENCE NORTH 66 035'10"WEST, A DISTANCE OF 1928.12 FEET TO THE NORTHERLY LINE OF SAID LOT 44; THENCE ALONG SAID NORTHERLY LINE, NORTH 71058'14" EAST, A DISTANCE OF 2344.60 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCEL B OF LOT LINE ADJUSTMENT DEED RECORDED DECEMBER 9, 2004 AS INSTRUMENT NO. 2004-1159742, OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING PORTIONS OF LOTS 44 AND 45 IN THE OTAY RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 862 FILED FEBRUARY 7, 1900 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 44; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 44, SOUTH 71 058'14"WEST, A DISTANCE OF 2014-09-09 Agenda Packet Page 247 2344.60 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 66 035'10" EAST, A DISTANCE OF 1928.12 FEET; THENCE SOUTH 75 014'35" EAST, A DISTANCE OF 1093.04 FEET TO THE EASTERLY LINE OF SAID LOT 44; THENCE ALONG SAID EASTERLY LINE OF LOT 44 AND LOT 45, SOUTH 18 037'56" EAST, A DISTANCE OF 2558.09 FEET TO THE NORTHERLY LINE OF THE OTAY CORONADO PIPELINE BEING 100.00 FEET IN WIDTH, AS DESCRIBED IN EXHIBIT "A" OF THAT CERTAIN DEED AND AGREEMENT DATED APRIL 11, 1912, BETWEEN SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, A CORPORATION AND SAN DIEGO LAND COMPANY, A CORPORATION BEING FILED IN BOOK 570, PAGE 113 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 24, 1912; THENCE CONTINUING ALONG SAID EASTERLY LINE OF LOT 45, SOUTH 18 037'56" EAST, A DISTANCE OF 100.02 FEET TO THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPELINE; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID LOT 45, SOUTH 18 037'56" EAST, A DISTANCE OF 1113.25 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 45; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 45, SOUTH 7 022'55"WEST, A DISTANCE OF 662.71 FEET TO THE EASTERLY LINE OF THE WESTERLY THREE-QUARTERS OF THE SOUTH HALF OF SAID LOT 45; THENCE ALONG SAID EASTERLY LINE, NORTH 18 037'46"WEST, A DISTANCE OF 1503.31 FEET TO THE NORTHERLY LINE OF THE SOUTH HALF OF SAID LOT 45; THENCE ALONG SAID NORTHERLY LINE, SOUTH 71040'43"WEST, A DISTANCE OF 1978.91 FEET TO THE WESTERLY LINE OF SAID LOT 45; THENCE ALONG THE WESTERLY LINE OF SAID LOT 45, NORTH 18 037'16" WEST, A DISTANCE OF 785.49 FEET TO THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 45 TO THE NORTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE, NORTH 18 037'16"WEST, A DISTANCE OF 106.05 FEET; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LOT 45 AND SAID LOT 44, NORTH 18 037'16" WEST, A DISTANCE OF 3261.56 FEET TO THE NORTHWEST CORNER OF SAID LOT 44; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 44, NORTH 71 058'14" EAST, A DISTANCE OF 296.26 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOT 45 IN THE OTAY RANCHO IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 862 FILED FEBRUARY 7, 1900 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2014-09-09%g?, W,��egal Description\A26 Parcel A per Order 33040652.docx Page 248 COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF SAID LOT 45, NORTH 18 037'56"WEST, A DISTANCE OF 1113.25 FEET TO THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE LEAVING SAID EASTERLY LINE AND ALONG THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE, SOUTH 72 023'33" WEST, A DISTANCE OF 38.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 366.58 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 17 036'20" WEST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 197.26 FEET THROUGH A CENTRAL ANGLE OF 30 049'55" A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 13 013'35" WEST; THENCE NORTH 76 046'03"WEST, A DISTANCE OF 447.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 366.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 13 013'57" EAST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 63.96 FEET THROUGH A CENTRAL ANGLE OF 10 000'01" A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 23 013'58"WEST; THENCE NORTH 66 046'02"WEST, A DISTANCE OF 8.10 FEET TO THE EASTERLY LINE OF THE WESTERLY THREE-QUARTERS OF THE SOUTH HALF OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF THE WESTERLY THREE-QUARTERS OF THE SOUTH HALF OF SAID LOT 45, NORTH 18 037'46" WEST, 54.65 FEET TO THE NORTHERLY LINE OF THE WESTERLY THREE-QUARTERS OF THE SOUTH HALF OF SAID LOT 45; THENCE ALONG THE NORTHERLY LINE OF THE WESTERLY THREE-QUARTERS OF THE SOUTH HALF OF SAID LOT 45, NORTH 71040,43" EAST, 80.77 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPELINE, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 206.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 02 040'08"WEST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 1.57 FEET THROUGH A CENTRAL ANGLE OF 0 026'1011, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 02 013'58"WEST; THENCE ALONG THE SOUTHERLY LINE OF SAID OTAY-CORONADO PIPELINE, NORTH 87 046'02" WEST, A DISTANCE OF 145.30 FEET; THENCE NORTH 83 028'02"WEST, A DISTANCE OF 93.65 FEET; THENCE NORTH 67 028'02"WEST, A DISTANCE OF 339.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 206.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 22 031'58" WEST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 89.01 FEET 2014-09-09%g?, W,��egal Description\A26 Parcel A per Order 33040652.docx Page 249 THROUGH A CENTRAL ANGLE OF 24 042'00" A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 02 010'02" WEST; THENCE SOUTH 87 049'58" WEST, A DISTANCE OF 667.04 FEET; THENCE NORTH 89 010'02"WEST, A DISTANCE OF 745.98 FEET TO THE WESTERLY LINE OF SAID LOT 45; THENCE ALONG THE WESTERLY LINE OF SAID LOT 45, NORTH 18 037'16"WEST, A DISTANCE OF 106.05 FEET TO THE NORTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE; THENCE ALONG THE NORTHERLY LINE OF SAID OTAY-CORONADO PIPE LINE, SOUTH 89 010'02" EAST, A DISTANCE OF 781.30 FEET; THENCE CONTINUING ALONG SAID LINE, SOUTH 87 049'15" EAST, A DISTANCE OF 661.81 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 306.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 02 010'02" EAST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 132.12 FEET THROUGH A CENTRAL ANGLE OF 24 042'00", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 22 031'58" EAST; THENCE SOUTH 67 028'02" EAST, A DISTANCE OF 325.39 FEET; THENCE SOUTH 83 028'02" EAST, A DISTANCE OF 75.84 FEET; THENCE SOUTH 87 046'02" EAST, A DISTANCE OF 141.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 306.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 02 013'58" WEST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 80.24 FEET THROUGH A CENTRAL ANGLE OF 15 000'00", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 17 013'58" EAST; THENCE SOUTH 72 046'02" EAST, A DISTANCE OF 13.35 FEET; THENCE SOUTH 66 046'02" EAST, A DISTANCE OF 51.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 266.48 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 23 013'58" EAST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 46.51 FEET THROUGH A CENTRAL ANGLE OF 10 000'01", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 13 013'57" WEST; THENCE SOUTH 76 046'03" EAST, A DISTANCE OF 447.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 266.58 FEET, A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS NORTH 13 013'27" EAST; THENCE ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 143.44 FEET THROUGH A CENTRAL ANGLE OF 30 049'44", A LINE RADIAL TO SAID CURVE AT SAID POINT BEARS SOUTH 17 036'17" EAST; THENCE SOUTH 72 023'33" EAST, A DISTANCE OF 37.16 FEET TO THE EASTERLY LINE OF SAID LOT 45; THENCE ALONG THE EASTERLY LINE OF SAID LOT 45, SOUTH 18 037'56" EAST 100.02 FEET TO THE POINT OF BEGINNING. 2014-09-09%g?, W,��egal Description\A26 Parcel A per Order 33040652.docx Page 250 . i I 10-1-MAY-1907 0 �7 .pit,:,. Recording I ^i DIEGO' T^ rr. r .�r�t requested by: SAN GO' ATY F&r:..!I;DEP1 S `: � rr O GUGPY S IT f !'� G?Ui,?Y City of Chula Vista _ 12, 0 '_r i FL'�' After recordation,return to: City Clerk's Office City of Chula Vista ' P.O.Box 1087 Chula Vista,CA 91912 This space for Recorder's use only RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P. RECEIVED MAR 2 2 1998 LFH&S/CKB 2014-09-09 Agenda Packet Page 251 g g 120, RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT THIS RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT ("Agreement") is made effective on the date hereinafter set forth below by and between THE OTAY RANCH, L.P. , a California limited partnership, ("Developer") and THE CITY OF CHULA VISTA, a.municipal corporation, who agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts: 1.0 Previous Agreement. The City -and Developer entered into a Pre-Annexation Development Agreement, dated June 25, 1996, by Ordinance No. . 2679. This Agreement expired as of January 1, 1997, because the annexation proceeding was not completed by that date. The parties now wish to reinstate this Agreement. 1.1 Owner. The owners of the properties subject to this Agreement (hereinafter collectively referred to as "Owner" or as "Developer") are as follows: 1.1. 1 Otay Ranch, L.P. is the owner of approxi- mately 3 ,545 acres of undeveloped real property in the unincorporated area of the County of San Diego ("County") , described in Exhibits "A" and "F", attached hereto and incorporated herein by this reference. 1.2 City. The City of Chula Vista is a municipal corporation and an incorporated city within the County. 1.3 Code Authorization and Acknowledgments. 1.3.1 City. is authorized pursuant -to California Government Code sections 65864 through 65869.5 to enter into development agreements - for the purpose of establishing certainty for both City and owners of real property in the development process. 1.3 .2 Government Code section 65865 expressly authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city's sphere of influence for the development of property as provided in the Development Agreement Law; provided that the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the time specified by the agreement. 1.3.3 City enters into this Agreement pursuant to the provisions of the California Government Code, its home- _4a Packet 'Pa a 2�'S2 2014-09-09 Agenda -1- W 1202 applicable City rule powers, and pp Y ordinances, rules, regula- tions and policies. 1.3.4 City and Owner acknowledge: City and Owner acknowledge this Agreement will provide: 1.3.4.1 Certainty in the planning process so that the property can be developed efficiently. This will avoid unnecessary waste of resources and increases in housing and other development costs. The Agreement will allow comprehensive planning of a large property so _ as to make maximum efficient utilization of resources at the least economic cost to the public; 1. 3.4.2 To provide and assure to the City the participation of Developer in the accelerated, coordinat- ed and more economic construction, funding and dedication to the public of certain needed public facilities and benefits, and to provide for anticipated levels of service to residents and populations of the property, the City, and adjacent areas; 1.3.4.3 To provide and assure that the City receive sales tax revenues, increase in the property tax base, residential housing and other development, sewer, water and street facilities; 1.3.4.4 To provide and assure that the City receives public facilities in excess of project generated impacts - and such facilities shall 'be of supplemental size, number capacity or length, which shall be provide earlier than could be provided either by funds from the City or than would strictly be necessary to mitigate project related impacts at any development phase; 1.3.4.5 ' To - provide Developer assurances regarding the entitlements and regulations that will be applicable to the development of the property consistent with the Chula Vista General Plan and the Otay Ranch General Development Plan/Subregional Plan; 1.3.4.6 To provide the City the opportunity to secure immediate annexation of the lands depicted in Attachment "C" and secure a related tax revenue sharing agreement with the County of San Diego. to assure that development of the properties will generate sufficient tax revenues to offset-the costs of providing services to the properties; 1.3.4.7 To enable the City to secure title to the land with the boundaries of the property necessary to complete the Chula Vista greenbelt system as defined in the Chula Vista General Plan; -2- 2014-09-09 Agenda Packet Page 253 1203 1.3.4.8 To enable the City to advance its stated goal to identify and secure a site for a potential four year university; 1. 3.4.9 To assure the City that the Developer will dedicate right-of-way for SR-125, a route which when constructed will substantially alleviate congestion on I- 805 and I-5, and also will facilitate the economic development of Chula Vista; and 1.3.4. 10 To enable the City to prepare and adopt a Habitat Conservation Plan consistent with the requirements of the Natural Communities Conservation Act, including the chased conveyance of open space land to the Otay Ranch Preserve. 1.4 The Annexation On July 1, 1996, the Local Agency Formation Commission ( LAFCO ) approved annexation of Sphere of Influence Planning Area 1 "The Otay Parcel", Planning Area 2 "Inverted L" and the Mary Patrick Estate Parcel (see Attachment "C1t) 1.5 Sphere of Influence. On February 5, 1996 and July 1, 1996 the Local Agency Formation Commission approved the inclusion of Planning Area 1, "The Otay Parcel", into the City Sphere of Influence (Sphere of Influence Planning Area 1 "The Otay Parcel", Planning Area 2 "Inverted L11 and the Mary Patrick Estate Parcel - see Attachment 11C") . 1.6 Planning Documents. On October 28, 1993, City _and County adopted the Otay Ranch General- Development Plan/Subregional Plan ("the GDP") which includes the Otay Ranch Village Phasing Plan, Facility Implementation Plan, Resource Management Plan and Service Revenue Plan, for approxima ely 23,000 acres of the Otay Ranch, including the Otay Valley Parcel and the SNMB, Jewels and Foundation Properties. The, City amended the GDP . on June 4, 1996. 1.6.1 SPA One Plan. On June 4, 1996, the Chula Vista City Council approved the Otay Ranch Sectional Planning Area (SPA) One Plan including the Planned Community District Regulations, Overall Design Plan, Village Design Plan, Public Facilities Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Ph se 2 Resource Management Plan, Non-renewable Energy Consery ti.on an, anch-wi e ' Affordable Housing Plan, SPA One Affordable Housing Plan, and Geotechnical Report._ 1.7 Owner Consent. City desires to have the cooperation and consent of Owner to include the Property in the Annexation in order to better plan, finance, construct and maintain the infra- structure for the Otay Valley Parcel; and the Otay Ranch L.P. , a California limited partnership, desire to give their cooperation and consent, provided that they obtain certa' es, as set forth in this Agreement. 2014-09-09 Agenda Packet —3 Page 254 g g 1 ' I 1204 1.8 City Ordinance. / �4' cll 31 Hq 7, 's the date of adoption by the City Council of 'Ordinance No. pproving this Agreement. The ordinance shall take effect and be in full force on the effective date of Annexation. 2 . Definitions. In this Agreement, unless the context otherwise requires: 2. 1 "Annexation" means the proposed annexation of that portion of the Otay Ranch into the City as depicted on Exhibit "D" . 2.2 "City" means the City of Chula Vista, in the County of San Diego, State of California. 2.3 "County" means the County of San Diego, State of California. 2 .4 "Development Plan" means -the GDP. 2.5 "GDP" means-the General Development Plan/Subregional Plan for the Otay Ranch, described in Paragraph 1.6, above. 2. 6 "Owner" or "Developer" means the person, persons, or entity having a legal and equitable interest in. the Property, or parts thereof, and includes Owner's successors-in-interest. 2.7 "Project" means the physical development of the private and public improvements on_ the Property as provided for in the Existing Project Approvals and as -may be authorized by the City in Future Discretionary- Approvals. _ 2.8 "Property" .means the real property described in Paragraphs 1.1.1 and 1.1.3. 2.9 The "Term" of this Agreement means the period defined in Paragraph 3, 'below. 2. 10 "Builder" means developer to whom Developer has sold or conveyed property within the Property for purposes of its improvement for residential,• commercial, industrial or other use. 2.11 "CEQA" means the California Environmental Quality Act',- California Public Resources Code section 21000, et seq. 2 .12 "City Council" means the City of Chula Vista City Council. 2.13 "Commit" or "Committed"' means all of the following requirements have been met with respect to any public facility: 2.13.1 For a public facility within the City's jurisdictional boundaries and a responsibility of the develop- er. 2014-09-09 Agenda Packet —4— Page 255 1205 3. 1. 1 All discretionary permits 2 1 YP required of the Developer have been obtained for construction of the public facility; 2.13. 1.2 Plans for the construction of the public facility have all the necessary governmental approvals; and 2.13.1.3 Adequate funds (i.e. , letters -of credit, cash deposits, performance bonds or land secured public financing, including facility benefit assessments, Mello-Roos assessment districts of similar assessment mechanism) are available such that the City can construct the public facility. if construction has not commenced within thirty (30) days of issuance of a notice to proceed by the Director of Public Works, or construction is not progressing towards completion in a reasonable manner as reasonably deemed by the Director of Public Works. 2. 13 .2 For a public facility within the City's jurisdictional boundaries, but to be provided by other than Developer. 2.13.2 .1 Developer's proportionate share of the cost of such public facility as. defined in the existing Pboject . Approvals -and Future Discretionary Approvals has been provided or assured by . Developer through the payment or impositions of development impact fee or other -similar exaction mechanism. 2.13.3 For public facility not within City's jurisdictional boundaries: 2.13.3 .1 Developer's proportionate share of the cost of such public facility as defined in the existing Project Approvals and . Future Discretionary Approvals has. been provided for or otherwise assured by Developer to the reasonable satisfaction of the Director of Public Works. 2.14 "Development Impact Fee (DIF) " means fees imposed upon new development pursuant to the City of Chula Vista Development . Impact Fee Program, for example, including but not limited to the Transportation Development Impact Fee Program, the Interim SR-125 Development Impact Fee Program, 'the.Salt Creek Sewer DIF and the Public Facilities DIF. 2. 15 "Existing Project Approvals" means all discretionary approvals affec ing a Pro�ec w ich have been approved or established in conjunction with, or preceding, the effective date consisting of, but not limited to the GDP, the Chula Vista General Plan, the Otay Ranch Reserve Fund Program adopted pursuant to Resolution 18288, the SPA One Plan and the Phase II Resource 2014-09-09 Agenda Packet —5— Page 256 1206 t' Mana ement Plan (RMP) , as may be amended from time to time consistent wit�Fiis agreeme 2. 16 "Final Map(s) ".means any final subdivision map for all or any portion of the Property other than the Superblock Final Map ("A" Maps) . 2.17 "Future Discretionary Approvals" means all permits and approvals by the City granted after the effective date and excluding existing Project Approvals, including, but not limited to: (i) grading permits; (ii) site plan reviews; (iii) design guidelines and reviews; (iv) precise plan reviews; (v) subdivisions of the Property or re-subdivisions of the Property previously subdivided pursuant to the Subdivision Map Act; (vi) conditional use permits; (vii) variances; (viii) encroachment permits; (ix) Sectional Planning Area plans; (x) all other reviews, permits, and approvals of any type which may be required from time to time to authorize public or private on- or off-site.facilities which are a part of the Project. 2. 18 "Planning Commission" means the Planning Commission of the City of Chula Vista. 2.19 "Preserve Conveyance Plan" means a plan that sets forth policies and identifies land to be transferred and/or fees to be paid to insure the orderly conveyance of the Otay Ranch land to the Preserve Owner Manager. . 'The purpose- of the plan is to fulfill the obligations to convey resource sensitive land, per the -criteria contained in the phase I and II. Resource Management Plans and to mitigate environmental impacts of the Otay Ranch Project. _ 2.20 "Public Facility" or ""Public Facilities" means those public: facilities described in the Otay Ranch Facility Implementation Plan. - 2.20.1 "SPA One . Plan" means The Otay Ranch Sectional, Planning Area (SPA) One Plan approved by the City of Chula Vista on June 4,. ' 1996, including the Planned Community District Regulations, Overall Design Plan, Village Design Plan, Public- Facilities Finance Plan, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, 2hase 2 Resource Management Plan, Non-renewable Energy Conservation Plan, Ranch-wide Affor able Housing. Plan, SPA One Affordable Housing Plan, and Geotechnical Report. 2.21 "Subdivision Map Act" means the California Subdivision Map Act, Government Code section 66410, et - seq. ; and its amendments as may from time to time be adopted. 2.22 "Substantial Compliance" means that the. party charged with the performance of a covenant herein has sufficiently followed the terms of this .Agreement so as to carry out the intent of the parties in entering into this Agreement. 2014-09-09 Agenda Packet —6— Page 257 1247 2.23 "Threshold" means the facility thresholds set forth in the City's Municipal Code Section 19.19.040. 3 . Term. This Agreement shall become effective as a development agreement upon the effective date of the Annexation fill (the "Effective Date") ; provided, however, that if the Annexation does not occur on or before July 1, 1997, this Agreement shall become null and void unless the annexation proceedings have been extended by LAFCO. If the annexation proceedings have been extended, this Agreement shall become effective upon the effective date of such Annexation; provided, however, if the annexation does not occur by the end of such extension(s) , this Agreement shall become null and void. Any of the foregoing to the contrary notwithstanding, from the date of first reading of the ordinance approving this Agreement, and unless or until this . Agreement becomes null and void, Owner shall be bound by the terms of Paragraph 4. The Term .of this Agreement for purposes other than Paragraph 4 shall begin upon the Effective Date, and shall continue for a period of twenty (20) years ("the Term") . The term shall also be extended for any period of time during which issuance of building permits to Developer is suspended for any reason other than the default of Developer, and for a period of time equal to the period of time during which any action by the City or court action limits the processing of future discretionary approvals, issuance of building permits or any other development of the property consistent with this Agreement. 4 . Owner Consent to Annexation. Owner hereby consents to and shall cooperate with the applications of City to declare that the land - depicted in Exhibit "C" is within City's sphere of influence 'and to annex the land . depicted in Exhibit "C" to the. City; provided, however, that Owner may withdraw such consent and withhold further cooperation if the City, prior- to -the Effective Date, adopts rules, regulations, ordinances, policies, conditions, environmental regulations, phasing controls, exactions, entitle- ments, assessments or fees applicable to and governing development of the Property which are inconsistent with, or render impractical development of the Property according .to,. the Development Plan. 5. Vested Ricthts. Notwithstanding any future action or inaction of the City during the term of this Agreement, whether such action is by ordinance, resolution or policy of the City, Owner and Developer shall have a vested right, provided however the developer is not in default of its obligations under this Agree- ment, and except as may-be othwi erse provided in this Section 5, to construct the Project. in accordance with: 5. 1. Existing Project Approvals. 5.2 Development of Property. The development of the Property will be governed -by this Agreement and Existing Project Approvals and such development shall comply and be governe y a 1 , regulations, policies, resolutions, ordinances, and standards in effect as of the Effective Date subject to the 2014-09-09 Agenda Packet Page 258 —7— 1208 . retain its ' provisions of Section 5.2.1 below. The ,City shall r discretionary authority as to Future Discretionary Approvals, --provided however, such Future Discretionary Approvals shall be regulated by the Existing Project Approvals, this Agreeme n , an City rules, regulations, standards, ordinances, resolutions and policies in effect on the Effective Date of this Agreement and subject to Section 5.2. 1. Notwithstanding the foregoing, the City may make such changes to the City's Growth Management Ordinance applicable to the Project as are reasonable and consistent with the purpose and intent of the existing Growth Management Ordinance and which are generally applicable to all private projects citywide or east of I-805 or within a specific benefit, fee or reimbursement district created pursuant to the California Government Code. 5.2.1 New or Amended Rules, Recrulations, Policies Standards Ordinances and Resolutions. The City may apply to the Project, including Future Discretionary Approv- als, new or amended rules, laws, regulations, policies, ordinances, resolutions and standards generally applicable to all private projects east of I-805 or within a specific benefit fee or reimbursement district created pursuant to the California Government Code.. The application of such new rules, or amended laws, regulations, resolutions, policies, ordinances and standards will *not unreasonably prevent or unreasonably delay development ofthe Property to the uses, densities or intensities of development specified herein or-as authorized .by the Existing Project Approvals. The City may also apply changes in City laws, regulations, ordinances, sta n dards or P oli cies specifically mandated by in state or federal law in compliance with Section 13. 3 herein. a 5.2 .2 Developer may elect with City's• consent, to have applied to the project any • rules, regulations, policies, ordinances or standards enacted after the date of this Agreement. Such an election has to be made in a manner consistent-. with Section 5.2 of this Agreement. i 5.2.3 Modifications to Existing ProiectApprov- als. It is contemplated by the parties to this Agreement that the City and Developer may mutually seek and- agree to modif i= cations to the Existing Project Approvals. Such modifications are contemplated as within the scope of this Agreement, and shall, upon written acceptance by all parties, constitute for all purposes 'an Existing Project Approval. The parties agree that any such modifications may not constitute an amendment to this Agreement nor require an amendment to the Agreement: - 5.2.4 Future Discretionary Approvals. It is contemplated by the .parties to this Agreement that the City and Developer may agree to Future Discretionary Approvals. The parties agree that any such Future Approvals may not consti- tute an amendment to•this Agreement nor require an amendment to the Agreement. Developer agrees to reasonably cooperate 2014-09-09 Agenda Packet —8— Page 259 1209 with any amendments to Existing and Future Discretionary Approvals as may be requested by the City from time to time. 5.3 Dedication and Reservation of Land for Public Purposes. Except as expressly required by this Agreement or the Existing Project Approvals and Future Discretionary Approvals (excepting dedications required within the boundaries of any parcel created by the subsequent subdivision of the Property as required . by the Subdivision Map Act) , no dedication or reservation of real property within or outside the Property shall be required by City or Developer in conjunction with the Project. Any dedications and reservations of land imposed shall be in accordance with Section 7.2 and Section 7.8 herein. 5.4 Time for Construction and Completion of Project. Because the California Supreme Court held in Pardee Construction Company v. City of Camarillo (1984) 27 Cal.3d 465, that the failure of the parties to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' Agreement, it is the intention of the parties to this Agreement to cure that deficiency by specifically acknowledging that timing and tihasina of development is comDletely L and exclusively governed by the Existing Project. Approvals, including the u a is a Growth Management Ordinance. The purpose of the Chula Vista Growth Management Ordinance is to "control the timing and location of development by tying the pace of development to the provision of public facilities and improvements to conform to the City's threshold standards. " (Municipal Code - Section 19.09. 010A.7) The findings in support of the Growth 'Management Ordinance conclude that.the ordinance "does not affect the number of houses which may be built. " . (Municipal Code' Section 19. 09. 010B.3) Therefore, the parties acknowledge that the Chula Yi_�ta_G_rowth Ma nagement' Ordinance completely occupies• the to of evelopment timing and phasin and a ressly precludes the adoption of ousing caps., urban .reserves or any other means y w ich the rate of eve opmen may. be con rolled - or -regulated I'fie `' agrees that the eve oper shall a entitled o, apply for and receive all permits necessary -for the development of property, consistent -with the Growth Management'Ordi_nance, Existing Project Approvals, Future Discretionary Approvals and this Agreement. 5.5 Benefit of Vesting. Nothing in this Agreement will be construed as limiting or impairing Developer's vested right, if any, to proceed with the development and use of the Property pursuant to the Federal and State Constitutions,. and pursuant to statutory and decisional law. 5. 6 Vesting of Entitlements. All rights conferred by this Agreement vest with the Effective Date hereof. The approval of Future Discretionary approvals shall not be deemed to limit Developer's rights authorized by this Agreement, and once such approvals are obtained they shall be vested to the same extent as the Existing Project Approvals. 6. DEVELOPMENT PROGRAM. 2014-09-09 Agenda Packet Page 260 -9- 1210 6. 1 Processing of Future Discretionary Approvals. City will accept and diligently process development applications and requests for Future Discretionary Approvals, or other entitlements with respect to the development and use of the Property, provided mom said applications and requests are in accordance with this Agreement. City costs for processing work related to the Project, including hiring of additional City personnel and/or the retaining of professional consultants, will be reimbursed to City by FA Developer. Iq 6.2 Length of Validity of Tentative Subdivision Maps. Government Code Section 66452. 6 provides that tentative subdivision map(s) may remain valid for a length up to the term of a Develop- ment Agreement. The City agrees that tentative subdivision maps for the Property shall be for a term of six (6) years and may be extended by the City Council for a period of time not to exceed a total of twenty (20) years and in no event beyond the term of this Agreement. 6.3 Pre-Final Map Development. If Developer desires to do certain work on the Property after approval of a tentative map (for example, grading) prior to the recordation of a final map, it may. do so by obtaining a grading and/or other required approvals from the City which are authorized by the City prior to recordation of a final map. The -permit may be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies and provided Developer is in compliance with this Agreement and with the terms of all-Existing and Future Discretion- ary Approvals. In addition, the Developer shall be ..required to post a bond or other reasonably adequate security required by City in an amount determined by the City to assure the rehabilitation of the land if , the applicable-' final map does not record. i 6-:4 Final Maps. 6.4. 1 "A" Maps and "B" Maps. Developer shall process a master subdivision or parcel map ("A" Map) for each Village showing "Super Block" lots and backbone street dedications. "Super Block" lots shall be consistent with the GDP and subsequent Sectional Plan Area plans,. and shall not subdivide land into individual single-family lots. All "Super Blocks" created shall have access to dedicated public streets. _ The City shall not require improvement plans in order to record a final map for any "A" Map lots. Following the approval by City of any final map •for an "A" Map lot and- its recordation, Developer may convey the "Super Block" lot. The buyer of a "Super Block" lot shall then process final improve- ment plans and grading plans and a final map ("B" Map) for each "Super .Block" lot which the -City shall process if such documents are in compliance with the City's Municipal Code, standard policies, and the applicable tentative map. The "B" Maps shall be in substantial conformance with the related approved "A" Map. In the instance of the multi-family dwelling unit areas, a separate tentative subdivision map may be submitted- to the City and .the "B" Map(s) .for these areas 2014-09-09 Agenda Packet —1�— . Page 261 1 1211 oil may be submitted to the City after the City Planning Commission approves said tentative subdivision map. 6.4.2 Recordation of Final Subdivision May in Name of Builder or Third Party. Developer may, if it so elects, convey to a Builder or third party any "super block" lot(s) shown on the recorded- Superblock Final Map. In such case, the Builder or third party will (i) process any neces- sary final improvement and grading plans and a final map for . each such "super block" lot ("B" map) , which map City shall accept and process if such map is in compliance with the City's Municipal Code, standard policies, the applicable tentative map, and the provisions of 7.1 of this Agreement if applicable as subsequent phases in a multi-phase project, (ii) enter into a subdivision improvement agreement with City with respect to the subdivision improvements which are required for such super block lot, (iii) provide security and insurance satisfactory to City for the completion of the subdivision improvements, and (iv) agree, in such case, with the City's consent to comply with the obligations set forth in 7.1. 6.4 .3 Recordation of Final Subdivision Map in Developer's Name; Transfer of Obligations Under Subdivision Improvement Agreement(s) . If Developer so elects, it may defer the conveyance of any super block lot to a Builder or 41 third party until after the final map of such super .block lot has been recorded. If Developer elects to proceed in this manner, it will enter into City's standard subdivision improvement agreements) with * City for the improvements required as a condition to the approval of such map(s) . Upon sale to a Builder or third party, if such Builder or third party assumes Developer's obligations with the City's consent under the improvement 'agreement and provides its own security and insurance for .the completion of.the subdivision improve- ments satisfactory to the: City and as approved by the City, Developer.shall be-released from liability under the subdivi- sion improvement agreement s) and Developer's security shall be released. .. i 6.4.4 . Transfer 'of Rights and Obligations of Development. Whenever Developer conveys a portion of the Property, the rights and obligations' of this Agreement shall transfer in accordance with Section 15 herein. 7. DEVELOPER'S OBLIGATIONS. 7.1 Condition to Developer's Obligations to Dedicate. Fund or Construct Public Facilities. Developer agrees to develop or provide the public improvements, facilities, dedications, or reservations of land and satisfy other exactions conditioning the development of the Property which are set forth'.hereinbelow. In addition to any other obligations the Developer may have, Developer as its sole and separate responsibility, covenants and agrees to bond and provide or finance. the cost of backbone facilities as identified on- the appropriate Tentative Map and 2014-09-09 Agenda Packet —11— Page 262 . • , . 1212 required by any final map (including "B" Maps) . This requirement may be satisfied through the construction or financing of said facilities or with the City's approval of any of the following: the establishment of a reimbursement mechanism, a development impact fee program, an assessment mechanism, or other equitable i facility financing program within the City's discretion. This requirement shall be deemed satisfied in the event that the Builder(s) of a "B" Map expressly assume the obligations with the consent of the City to provide - said backbone facilities. For purposes of Tentative-Map No. PCS 96-04, Developer shall provide, prior to the approval of the first final "B" map, adequate security as determined by the City Engineer for the construction of those certain backbone facilities set forth in the conditions of approval for said tentative map. Developer acknowledges that as to any future tentative maps, Developer may be .required by City to provide such security at various times during the development process including prior to the first final "A" map in accordance with City's ordinances, policies or regulations.' For purposes of this Section, backbone facilities mean those facilities such as water, sewer, storm drain and public streets necessary to serve demands generated for the backbone facility beyond that of any single "B" map, but are not included within . a wider area City development improvement fee program. The obligations of the Developer, pursuant to this Agreement, are conditioned upon: (i) the city not being in default of its obligations under this agreement; and (ii) the City not unreason- ably preventing or unreasonably delaying the development of the property;. and (iii) if the Agreement :has been suspended in response to changes in state or federal law.or due-to said obligations being suspended pursuant to Section 13.2,-. said obligations- of Developer shall be suspended for the same period .of time. , 7.2 • Dedications and Reservations of Land for PublicPurpos- es. - The policies by which property will be required to be reserved, dedicated or improved for public purposes are identified in the Existing Project Approvals. A more precise delineation of the property to be preserved, dedicated or improved for public purposes shall occur • as part of .Future Discretionary Approvals, consistent with development of property as set forth in Section 5.2 herein. , 7'.2.1 Dedication of Land for SR 125. Developer Agrees to dedicate land for right-of-way purposes and property owned by the Developer that is reasonably necessary for the SR-125 configuration that is generally depicted in the SR-125 draft Environmental Impact Report/Statement and as revised in the Final Environmental.Impact Report/Statement to respond to engineering, ' des ign, environmental and similar constraints. The dedications shall be to the City or by an alternate method acceptable to the City at such time as requested by the City. City agrees that in the event City shall negotiate with California Transportation Ventures (CTV) or other toll road builder any participation or advantages to City that City 2014-09-09 Agenda Packet —12— Page 263 1213 vl shall share such rights with subsequent owner/resident of the property. 7.2.2 Landfill Nuisance Easements. Developer shall grant to the County by July 1, 1996 "Landfill Nuisance Easements" substantially cover all land whi h attached within Exhibit The Easement shall Otay Landfill Buffer Area of Villages 2, 3• and Planning Area 18B of the Otay Ranch GDPP as shown on Exhibit E hereto. 'In addition, Developer agrees to enter into subordination agreements, acceptable to the County, with all lienholders having an interest in the Property subject to the Landfill Nuisance Easements to ensure that this easement has a priority position over all other liens. The subordination agreements shall be delivered to the City prior to the second reading of the Ordinance approving the Agreement. If there is no second reading of this Agreement, the City shall return said subordi- nation agreements to the Developer. If the County Board of Supervisors does not accept or approve said easements, this Agreement shall be automatically terminated with neither party bearing any liability hereunder. 7.2.3 Preserve Conveyance Plan. The Developer shall comply with any existing or yet to be adopted Preserve Conveyance Plan and convey property as set forth in such Plan. 7.3 Growth Management Ordinance. . Developer shall commit the public facilities and City shall issue building permits as provided in this Section and in accordance •with Existing Project Approvals and Future Discretionary Approvals. The City shall. have the right to withhold' the issuance of building permits any time after the City reasonably determines- a 'Threshold' has been. exceeded, unless and until the Developer has mitigated the deficiency in accordance with the.. City's Growth Management Ordinance. Developer agrees that building permits may be withheld where the public facilities described in the Existing Project Approvals/. . Future Discretionary Approvals required. for a particular Threshold have not been committed. '. In the event •a Threshold - is not met and future building permit issuance may be withheld, the notice provisions -and. procedures contained in Section - 19. 09.100C of the Municipal Code will be followed. In the event the issuance of building permits is suspended pursuant to the provisions herein, such suspension shall not constitute a breach of the terms -of this Agreement by Develop- er. Furthermore, any such suspension which is not caused by the _ actions -or omissions of the Developer, shall toll the term of this Agreement as provided for in Section 16.12 of this Agreement, and suspend the Developer's obligations pursuant to this Agreement. 7.3 .1 Required Condemnation. The City and Developer recognize that certain portions of the Resource Preserve and of the public facilities identified in the Existing Project 2014-09-09 Agenda Packet _ 3— Page 264 • � - 1214 Approvals/Future Discretionary Approvals and . required to comply with a threshold are located on properties which neither the Developer nor the City has, or will have, title to or control of. The City shall identify such property or properties and at the time of filing of the final map commence timely negotiations or, where the property is within the City's jurisdiction, commence timely proceedings pursuant to Title 7 (commencing with $ 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the property or properties. Developer's share of the cost involved in any such acquisition shall be based on its proportionate share of the public facility as defined in the Existing Project Approvals/Future Discretionary Approvals. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to preclude the City from requiring the Developer to pay the cost of acquiring such off-site land. For that portion of the cost beyond the Developer's fair share responsibility, the City shall take all reasonable steps to establish a procedure whereby the developer is reimbursed for such costs beyond its fair share. 7.3.2 Information Regarding Thresholds. Upon Developer's written. requests of the City Manager, the City will provide Developer with information regarding the current status of a Threshold. Developer shall be responsible for any staff costs incurred in providing said written response. ,7.4 * Improvements Reguired by a Tentative Subdivi- sign Map. -As may be required pursuant to the terms of a tentative subdivision map approval, . it shall be the responsibility of Developer to construct the improvements required by the subdivision map. Where. Developer is required to construct a public improvement which has been identified as the responsibility of another party or to provide public improvements of supplemental size, capacity, number . or : length. benefiting property not within the tentative subdivision map, City shall process for consideration.to approve or deny in its sole. discretion a reimbursement agreement to the Developer in accordance with the City's Municipal. Code and Article 6 of Chapter 4 of the Subdivision Map Act, commencing with Government "Code section 66485, and Section'7.5; below. This does not preclude the Developer or the City from considering alternative financing- mechanisms. 7.5 Facilities Which. Are the Obligations of Another Party, or Are of Excessive Size, Capacity, Length or Number. Developer may . offer to advance monies and/or construct public improvements'which are the responsibility of another -land owner, or i outside the City's jurisdictional boundaries, or which are of supplemental size, capacity, number or length for the benefit of land not within the Property. City, where requesting such funding or construction of oversized public improvements, shall consider after a public hearing, contemporaneous with the imposition of the obligation, the formation of a reimbursement district, assessment 2014-09-09 Agenda Packet Page 265 -14- 1215 district, facility benefit assessment, or reimbursement agreement or other reimbursement mechanism. 7.6 Pioneering of Facilities. To the extent Developer itself constructs (i.e. , "Pioneers") any public facilities or public improvements which are covered by a DIF Program, Developer shall be •given a credit against DIFs otherwise payable, subject to the City's Director of Public Works reasonable determination that such costs are allowable under the applicable DIF Program. It is specifically intended that Developer be given . DIF credit for the DIF-Program improvements it makes. The fact that such improvements may be financed by an assessment district or other financing mechanism, shall not prevent DIF credit from being. given to the extent that such costs are allowed under the applicable DIF Program 7.7 Insurance. Developer shall name City as additional insured for all insurance policies obtained by Developer for the Project as pertains to the Developer's activities and operation on the Project. 7.8 Other Land Owners. Developer hereby . agrees to dedicate adequate rights-of-way within the boundaries of the Property for other land owners to "Pioneer" public facilities on the Property; provided, however, as follows: (i) dedications shall be restricted to those reasonably necessary for the construction of facilities identified in the City's adopted public facility plans; (ii) this provision shall not be binding on the successors-in- interest or assignees . of Developer following recordation of the final "Super Block" or "A" Map; and (iii) the City shall use its reasonable best efforts to 'obtain agreements similar to this subsection from other developers and to obtain equitable reimburse- ment for Developer for any excess dedications. 7.9 Construction of East-West Access. Pursuant to City's requirements, Developer is required to pay Transportation Development Fees (TDIF) . for a variety of purposes including construction* of east-west arterial access through the Property connecting to I-805. Alternatively, the Developer may be required to actually construct all• or portions of such access if, at the time of 'need, the TDIF fund does not contain sufficient revenues to finance the construction of the needed facilities. Such east-west arterial access from SPA One to I-805 could occur on either East Orange Avenue or on East Palomar Street. It is •not now possible to determine with certainty when it will be necessary to actually construct the arterials in order to comply with the threshold requirements because the rate and location of future development is unknown. The total cost and length of the arterial, which might be constructed by the Developer, are unknown at this time because it cannot be determined if and when development west of the property (Sunbow) will construct the Western portion of the arterials. Such uncertainty makes it difficult to plan and finance the orderly development of the property and needed on-site and off-site facilities. To provide greater certainty as to the timing and construction of east-west arterial access, the City agrees to reasonably consider in good faith• a traffic capacity agreement with 2014-09-09 Agenda Packet —15— Page 266 i 1218 Developer which would reserve traffic capacity for all .or part of SPA One in exchange for Developer's agreement to pioneer all or part of planned east-west access to SPA One. 7. 10 Assurances of Compliance. Owner acknowledges that the City is not required to and will not take any action on any of owner's applications for Future Discretionary Approvals under this Agreement, or any modifications or amendments thereof, until and unless the City Manager determines that the Owner is not in default of its obligations under this Agreement including but not limited to those set forth in Section 7.11 and 14. 7. 11 Complete Construction. Developer/Builder or any third party agree to diligently complete construction once a building permit has been issued for Property which is covered by this Agreement. Should construction stop once the building permits have been issued by the City, which the City in its sole discretion determines has created a nuisance or fire or safety hazard, the Developer agrees to take such steps necessary to cure the nuisance y or hazard. Should Developer fail to do so to the City's satisfac- tion, the City may take what steps it deems necessary to cure the nuisance- or hazard at Developer's sole cost and expense. 8. DEVELOPMENT IMPACT FEES. �t 8.1 Existing Development Impact Fee Program Payments. Developer shall pay to the City*a DIF, or construct improvements in lieu of payment, for improvements which are conditions of a tentative subdivision map upon the issuance of building permits(s) , =� or at a later time as specified -by City ordinance, the Subdivision Map Act, -or Public Facility Financing Plan (PFFP) . The DIF will be in the amount in effect at the time payment is made and may only be increased pursuant to Section 8'. 6 -herein. 8:2 Other Undeveloped Properties. The City will use its reasonable best efforts to impose and collect, or cause the imposition and collection -of,. the same * DIF program on all the undeveloped real properties which' benefit from the provision of the public facility through the DIF program, or provided as a condition of Project Approvals. 8.3 Use of Development Impact Fee Program. The DIF amounts paid to the City by. Developer and -others with respect to the Area of Benefit shall be 'placed by.' the City in a capital facility fund account established pursuant to California Government -_, Code sections 66000-66009.. The City shall expend such funds only for the Projects described in the adopted fee program as may be modified from time to time. The City will use its reasonable best of forts to cause such Projects to, be completed as soon as practica- ble; however, the -City shall not be obligated to use its general funds for such Projects. 8.4 Withholding of Permits. Developer agrees that City shall have the right to withhold issuance of the building permit 2014-09-09 Agenda Packet —16—, Page 267 1217 for any structure or improvement on the Property unless and until the DIF is paid for such structure or improvement. 8.5 -Development Impact Fee Credit. Upon the completion and acceptance by the City of any public facility, the. City shall immediately credit Developer with the appropriate amount of cash credits ("EDUs") as determined by Developer and City. However, if the improvements are paid for through an Assessment District, the City shall credit the Developer with the appropriate number of Equivalent Dwelling Unit Credits (EDU's) . Developer shall be entitled to apply any and all credits accrued pursuant to this subsection toward the required payment of future DIF for any phase, stage or increment of development of the Project. 8.6 Modification of Development Impact Fees. The parties recognize that from time to time during the duration of the Agreement it will be necessary for the City to update and modify its DIF fees. Such reasonable modifications are contemplated by the City and the Developer and shall not constitute a modification to the Agreement so long as: (i) , the modification incorporates the reasonable costs of providing facilities identified in the Existing or Future Project Approvals; (ii) are based upon methodologies in substantial compliance with the methodology contained in the existing DIF programs; or other methodology approved by the City Council following a public hearing; (iii) complies with the provisions of Government Code sections 66000-66009. 8.7 Standards. for Financing Obligations of Owner. In connection with the development of. the Property, the following standards. regarding the financing of .public improvements shall apply: 8.7:1 Owner shall participate in the DIF Program for -the. Otay Valley Parcel with other owners in proportion to the total dwelling units' or equivalent dwelling units allowed on the Property as compared with the total of such units allowed on properties in that particular DIF or by some other equitable methodology decided by the City Council. 8.7.2 The City shall • diligently pursue the requirements that the Eastern Territories' DIF requires off site.third parties and adjacent jurisdictions to bear their fair share of all Otay River Valley crossings. 9. CITY OBLIGATIONS. 9. 1 Urban Infrastructure. To the extent it is within the authority and ability of the City to provide, City shall accommodate urban infrastructure to the project, consistent with Existing Project Approvals. Where it is necessary to utilize City property to provide urban infrastructure consistent with the Existing Project. Approvals, the City agrees to make such land available for such uses, provided that the City if it so chooses is compensated at fair market value for the property. To the extent that the provision of urban infrastructure is within the authority 2014-09-09 Agenda Packet -17- Page 268 1218 of another public or quasi-public agency or utility, the City agrees to fully cooperate with such agency or agencies to accommo- date the urban infrastructure, consistent with Existing Project Approvals. Urban infrastructure shall include, but not be limited to gas, electricity, telephone, cable and facilities identified in the Otay Ranch Facility Implementation Plan. 9.2 Sewer Capacity. The City agrees to provide adequate sewer capacity for the project, upon the payment of ordinary and necessary sewer connection, capacity and/or service fees. 9.3 Nuisance Easement. The City shall reasonably consider with proper environmental review a request to amend the Otay Ranch GDP to relocate, within the property, the land uses affected by the execution of a "nuisance easement" pursuant to the Otay Ranch Landfill Agreement, (dated May 15, 1996) . This GDP amendment shall be processed prior to or concurrent with the GDP amendment covering the ' landfill buffer area required by the Landfill Agreement. The amendment shall be deemed vested to the same extent as Existing Project*Approvals. and shall not require or constitute an amendment to this'Agreement. The Developer agrees to pay the reasonable City cost for processing the amendments. lA. ANNUAL REVIEW. 10.1 City and• Owner. Responsibilities. City will, -at least every twelve (12) , months during -the Term of this Agreement, pursuant to California Government Code §65865. 1, review the extent of good faith substantial. compliance by Owner with the terms of this. Agreement. Pursuant' to California Government Code section 65865.1, as amended, owner- shall have' the duty -to .demonstrate by substantial evidence its good faith compliance with the terms of this •Agreement at the periodic review*. Either City or Owner. may address any requirement' of 'the Agreement during the review. ii 10.2 Evidence. The parties recognize that this Agreement j and the documents incorporated herein could be- deemed to 'contain hundreds of .requirements and that evidence of each and every J requirement would be a wasteful exercise of the parties, resources. Accordingly,' Developer shall be deemed to have satisfied its good faith compliance when .it presents evidence of substantial com- pliance with the major provisions of this Agreement. Generalized evidence or statements. shall be accepted in the absence of any evidence that such evidence is untrue. 10.3 Review Letter. If Owner is found to be in com- pliance with this Agreement after the annual review, City shall, within forty-five (45) days after Owner's written request, issue a review letter in recordable form to Owner ("Letter") stating that based upon information known or made known to the Council, the City Planning Commission . and/.or the City Planning Director, this Agreement remains in effect and Owner is not in default. Owner*tay record the Letter in the Official Records of the County of San Diego. -� 2014-09-09 Agenda Packet Page 269 g -18- g _ i 1219 10.4 Failure of Periodic Review. City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute, or be asserted by City or Owner as, a breach of the Agreement. 11. DEFAULT. 11.1 Events of Default. - A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: 11.1.1 A warranty, representation or statement made or furnished by Owner to City is false or proves to have been false in any material respect when it was made. 11.1.2 A finding and determination by City made following a periodic review under the procedure provided for in California Government Code section 65865. 1 that upon the basis of substantial evidence Owner has not complied in good faith with one or more of the terms or conditions of this Agreement. 11.1.3 City does not accept, timely review, or consider requested development permits or entitlements submitted in accordance with the provisions of this Agreement. 11.2 Procedure Upon Default. 11:2. 1 Upon the occurrence of default by the other party, City or Owner may terminate this Agreement after providing 'the other party thirty (30) days written notice specifying the nature of the alleged default and, when l appropriate, the manner in which said default may be satis- factorily cured. After proper notice and expiration of said thirty (30) day cure period without cure, this Agreement may J be terminated. In the event that City's or Owner's default is not subject to cure within the thirty (30) day period, City or Owner shall be deemed not to remain in default in the event that City or Owner commences to cure within such thirty (30) day period and diligently prosecutes such cure to completion. Failure or delay in giving notice of any default shall not constitute a waiver of any default, nor shall it change the j time of default. Notwithstanding any other provision of this Agreement, -City reserves the right to formulate and propose to Owner options for curing any defaults under this Agreement for which a cure is not specified in this Agreement. In the event of Developer's default under this agreement, the' City shall provide notice of such default as described in this section to all lenders who have delivered to the .City a subordination agreement pursuant to Section 12.5. 11.2.2 City does not waive any claim of defect in performance . by Owner if, on periodic review, City does not propose to modify or terminate this Agreement. 2014-09-09 Agenda Packet _19— Page 270 I 1220 11.2.3 Subject to Paragraph 16.12 of this Agreement, the failure of a -third person shall not excuse a party's nonperformance under this agreement. 11.2.4 All remedies at law or in equity which are consistent with the provisions of this Agreement are available to City and Owner to pursue in the event there is a breach provided, however, neither party shall have the remedy. of monetary damages against the other except for an award of litigation costs and attorneys fees. . 12. ENCUMBRANCES AND RELEASES ON PROPERTY. 12.1 Discretion to Encumber. This Agreement shall not -� prevent or limit Owner in any manner at Owner's sole discretion, from encumbering the Property, or any portion of the Property, or any improvement on the Property, by any mortgage, deed of trust, or other security device securing financing with respect to the Property or its improvement. 12.2 Mortgagee Rights and Obligations. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property; or any part thereof, and their successors and assigns shall, upon written request to City, be entitled to receive from City written notification of any default by Owner of the performance of Owner's obligations under the Agreement which has not been cured within thirty (30) 'days following the date of default. 12..3 Releases. City agrees that upon written request of Owner and payment of all fees and performance of 'the requirements and conditions required of Owner by this Agreement with respect to the Property, or any portion thereof, City may execute and deliver to Owner appropriate release(s)- of further obligations imposed by ' this Agreement in form and substance acceptable to the. San Diego County- Recorder and title insurance company, . if any, or as may otherwise be necessary .to effect the release. City Manager shall. not unreasonably -withhold . approval of such release(s) . In addition, at such time as an individual home buyer purchases a home on a subdivided lot within the Property, the City covenants and agrees that it shall release: said lot from the lien of this agreement. 12.4 Obligation to Modify. City acknowledges that the lenders providing financing for the Project may require certain modifications to this Agreement and City agrees, upon request from time to time, to meet with Owner and/or representatives of such lenders , to negotiate in good faith any such requirement for modification. City will not unreasonably withhold its consent to any such requested modification. 12.5 Subordination. Developer agrees to enter into subordination agreements with all lenders having a lien on the Property to ensure that the provisions of this Agreement bind such 2014-09-09 Agenda Packet —20— Page 271 1221 lienholders should they take title to all or part of the property through quit claim deed, sale, - foreclosure or any other means of transfer of property. As a condition precedent to obtaining the benefits that accrue to the Developer or the Property under this Agreement, this Agreement by and through said subordination agreements shall be prior -and superior to such liens on said Property. Developer shall deliver to the City the fully executed subordination agreements for the Property within SPA One, in a form acceptable to the City Attorney and suitable for recording, prior to the second reading of the ordinance adopting the Development Agreement. Developer shall deliver to the city a fully executed subordination agreement for. Property within subsequently approved SPA plans in a form acceptable to the city attorney on or before approval of each SPA Plan for said Property. In the event of Developer's default under thia agreement, the City shall provide notice of such fault as described in Section 11 of this agreement to all lenders who have delivered to the City a subordination agreement pursuant to this section. 13 . MODIFICATION OR SUSPENSION. 13 . 1 Modification to Agreement by Mutual Consent. This Agreement may be modified, from time to time, by the mutual consent of the parties only in the same manner as its adoption by an ordinance as set forth in California Government Code sections 65867, 65867.5 and 65868. The term, "this Agreement" as -used * in this Agreement, will include any ..such modification properly approved and executed-. • 13.2 Unforeseen Health or Safety Circumstances. If, as a result of facts, events, or ..circumstances presently unknown, unforeseeable, and which .could not-have been known to the parties prior to the commencement of this Agreement, City. finds that failure to suspend this Agreement would pose an immediate threat to the health or safety of the City's residents or the City. The following shall occur: 13 .2.1 - Notification of Unforeseen Circumstances. Notify Developer of (.i) City's determination; and (ii) the reasons for City's determination, and all facts upon which such reasons are based; 13.2.2 Notice of Hearing. Notify Developer in writing at least fourteen (14) days prior. to "the date, of the date, time and place of "the hearing and forward to Developer a* minimum of. ten (10) days prior to the hearings described in Section 13:2 .3 , ail documents related to such determination and reasons therefor; and 13.2.3 Hearing. Hold a hearing on the deter- mination, at which hearing Developer will have the right to address the City Council. At the conclusion of said hearing, City may take action to suspend this Agreement as provided herein. The City may suspend this Agreement- if, at the conclusion of said hearing, based upon the evidence presented by the parties, the City finds failure to suspend would- pose 2014-09-09 Agenda Packet Page 272 -21- 1.222 an immediate threat to the health or safety of the City's residents or the City. 13.3 Change in State or Federal Law or 'Reaulations. If any state or federal law or regulation enacted during the Term of this Agreement, or the action or inaction of any other affected governmental jurisdiction, precludes compliance with one or more provisions of this Agreement, or requires changes in plans, maps, or permits approved by City, the parties will act pursuant to Sections 13.3. 1 and 13.3 .2, below. 13 .3.1 Notice; Meeting. The party first becoming aware of such enactment or action or inaction will provide the other party(ies) with written notice of such state or federal law or regulation and provide a copy of such law or. regulation and a statement regarding its conflict with the provisions of this Agreement. The parties will promptly meet and confer in a good faith and reasonable attempt to modify or suspend this Agreement to comply with such federal or state law or regula- tion. 13.3 .2 Hearing. If an agreed upon modification or suspension would not require an amendment to this Agree- ment, no hearing shall be held. Otherwise, the matter of such federal or state law or regulation will be scheduled for hearing before the City. Fifteen (15) days! written notice of such hearing shall be provided to Developer, and -the City, at such hearing, will determine and issue findings on the modification or suspension which is required by such federal or .state •law or regulation. Developer, at the hearing, shall have the right to offer testimony and other evidence. If the parties fail to agree after said hearing, the matter may be submitted. to mediation pursuant to -subsection 13.3 .3, below. Any modification or suspension shall be taken by the affirma- tive vote of not less than a majority of the authorized voting members of the City. Any suspension or modification may be subject to judicial review in conformance with subsection 16. 19 of this Agreement. 13 .3.3 Mediation of Disvutes. In the event the - dispute between the parties with respect• to the provisions of this paragraph has not been resolved to the satisfaction of both parties following the City hearing required by subsection 13.3.2, the matter shall be submitted to mediation prior to the filing of any legal action by any party. The mediation will be conducted by the San Diego Mediation Center; if San Diego Mediation Center is unable to conduct the mediation, the parties shall submit the dispute for mediation to the Judicial Arbitration and Mediation Service or similar organization and make a good faith effort to resolve the dispute. The cost of any such mediation shall be divided equally between the Developer and City. 13.4 Natural Communities Conservation Act (NCCP) . The parties recognize that Developer 'and the City -are individually negotiating agreements with the United States Fish and Wildlife 2014-09-09 Agenda Packet Page 273 • -22 1223 Service ("USF&W") and the California Department of Fish and Game pursuant to the ongoing regional effort to implement the Natural Communities Conservation Act ("NCCP") , locally proposed to be implemented through the Multi-Species Conservation Program ("MSCP") . The parties further recognize that implementation of the agreements may necessitate modification to the Existing Project Approvals. The City agrees to utilize its best efforts to implement these agreements, once executed, through the timely processing of modifications to the Existing Project Approvals as such modifications apply to Developer's property. The Developer agrees to pay the reasonable City cost for processing work related to the modifications. Once such modifications are obtained they shall be vested to the same extent as Existing Project Approvals. Such modifications shall be substantially similar to the provisions contained in Exhibit "F", the May 17, 1996 Administrative draft of the City of Chula Vista SubArea Plan , for the Multi-Species Conservation Program, except for the proposed deletion of -the Maritime Succulent Scrub restoration requirement (Section 3 (b) of the SubArea Plan (page 27) ] . 14. DISTRICTS PUBLIC FINANCING MECHANISMS. This Agreement and the Existing Project Approvals recognize that assessment districts, community facility districts, or other public financing mechanisms, may be necessary to finance the cost of public . improvements • borne by this Project. If Developer, pursuant to the Existing Project Approvals/Future Discretionary Approvals, is required by the City to install improvements through the use of assessment - districts, or. other public financing mechanisms, the City shall initiate- . and .take final action_ to approve or deny appropriate proceedings for the formation of such financing district or funding mechanism, under applicable laws, ordinances, or policies. Developer may: request that the City, but the- City is not obligated to, -utilize any other financing methods which may become available under City laws or ordinances. All costs associated with the consideration and formation of such financing districts or funding .mechanisms shall be paid by Developer subject- to reimbursement; as may be legally authorized out of the proceeds of any f inancing district or funding.mechanism. Developer shall comply with the -terms of any assessment districts or other financing mechanisms so- approved by the City for Property covered by this Agreement and shall make timely 'payments• as required by said financing mechanism. The City retains its rights to take any action it deems reasonably appropriate to guarantee payment. 15. ASSIGNMENT AND DELEGATION. 15.1 Assignment. * Owner shall have the right to transfer or assign its interest in the Property, in whole or in part, to. any persons, -partnership, joint venture, firm, or' corporation- at any time during the Term.of this Agreement without the consent of City. Owner also shall have the right to- assign or transfer all or any portion -of its interest or rights under this Agreement to third 2014-09-09 Agenda Packet Page 274 -23- 1224 parties acquiring an interest or estate in the Property at any time during the Term of this Agreement without the consent of City. 15.2 Delecration. In addition, Owner shall have the right to delegate or transfer its obligations under this Agreement to third parties acquiring an interest or estate in the Property provided the owner is in compliance with the terms of this Agreement and after receiving the prior written consent of the City Manager, which consent shall not be unreasonably withheld or delayed or conditioned. Provided, however, the City may deny such release if the City determines that the performance of such obligation would be jeopardized by such transfer. Once the City Manager has consented to a transfer, delivery to and acceptance by the City Manager of an unqualified written assumption of Owner's obligations under this Agreement by such transferee shall relieve Owner of the obligations under this Agreement to the extent the obligations have been expressly assumed by the transferee and as approved by the City. Such transferee shall not be entitled to amend this Agreement without the written consent of the entity that, as of the Effective Date, is Owner, which consent shall not be unreasonably withheld, delayed, or conditioned. The entity that is Owner as of the 'Effective Date, however., shall be entitled to amend this Agreement without the written consent of such transfer- ee. _ 16. MISCELLANEOUS PROVISIONS. 16.1 -Binding Effect of Agreement. Except to the extent otherwise provided in this Agreement; the burdens of this Agreement bind, and the benefits of this Agreement inure, to City's and Owner's successors-in-interest and shall run with the land. 16.2 Relationship of City and Owner. The contractual relationship between City and owner arising out of this Agreement is one of independent contractor and not agency. This Agreement does not create any third-party beneficiary rights. 16.3 Notices.. -.All notices, demands, and correspondence required or permitted by this Agreement. shall be in writing and delivered in person, or -mailed by first-class or certified mail, postage prepaid, addressed as follows: If to City, to: City of Chula Vista .276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager If to Owner, to: Jim Baldwin Otay Ranch, L.P. Newport Center Dr. , Suite 700 Newport Beach, CA 92660 With .a Copy .to: Kim John Kilkenny Otay Ranch, L.P. 11975 E1 Camino Real, Suite 104 San Diego, CA 92130 2014-09-09 Agenda Packet —24— Page 275 1225 City or Owner may change its address by giving notice in writing to the other. Thereafter, notices, demands, and correspondence shall be addressed and transmitted to the new address. Notice shall be deemed given upon personal delivery, or, if mailed, two (2) business days following deposit in the United States mail. 16.4 Rules of Construction. In this Agreement, the use of the singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. 16.5 Entire Agreement Waivers and Recorded Statement. This Agreement constitutes the entire understanding and agreement of City -and Owner with respect to the matters -set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between City and Owner respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of .City and Owner. Upon the completion of performance of this Agreement, or its revocation or termination, a statement evidencing completion, revocation, or termination signed by the appropriate agents of City shall be recorded in the Official Records of San Diego County, California. 16.6 Protect as a Private Undertaking. It is specifically understood by City and owner that (i) the Project is a private development; (ii) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property until** City accepts the improvements- pursuant to the provisions of ,the Agreement or in connection with subdivision. map approvals; and (iii) Owner shall have the full power and exclusive control . of - the Property subject to the obligations of Owner set forth in this Agreement. 16.7 Incorporation of Recitals. The recitals set forth in Paragraph 1 of this Agreement are part *of this Agreement. 16.8 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, ' or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 16.9 Consent. Where the consent or approval of City or Owner is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld, delayed, or con- ditioned. 16. 10 .Covenant of Cooperation. City and Owner shall cooperate and deal with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 16. 11 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of San Diego County, California, within ten (10) days following the Effective Date. 2014-09-09 Agenda Packet —25— Page 276 1226 16.12 Delay Extension of Time for Performance. In addition to any specific provision of this Agreement, performance by either City or Owner of its obligations hereunder shall be excused, and the Term of this Agreement and the Development Plan extended, during any period of delay caused at any time by reason of any event .beyond the control of City or Owner which prevents or delays and impacts City's or Owner's ability to perform obligations under this Agreement, including, but not - limited to, acts of God, 1 enactment of new conflicting federal or state laws or regulations ; f (example: listing of a species as threatened or endangered) , judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, or damage to work in process by reason of fire, floods, earthquake, or other such casualties. If City or Owner seeks excuse from performance, it shall provide written notice of such delay to the other within thirty (30) days of the commencement of such delay. If the. delay or default is beyond the control of City or Owner, and is excused, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 16.13 Covenant of Good Faith and Fair Dealings. No party shall do anything which shall have the effect of harming or injuring the right of the. other parties to receive the benefits of this Agreement; each party shall refrain .from doing anything which would render its performance under this. Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall 'do in order to accomplish the objectives and purposes of this Agreement. 16.14 Operating Memorandum. . The parties acknowledge that the P rovisions of this g Areement require .a close degree of cooperation between City and Developer, . and that the refinements and further development of the Project may demonstrate that minor changes are appropriate with respect to- the details of performance of the parties. The parties, .therefore, retain a certain degree of flexibility with respect to those items covered in general under this Agreement. When- and if the parties mutually find that minor changes. or - adjustments are necessary' or appropriate, they may effectuate changes or adjustments through operating memoranda approved by the parties. For purposes of this Section 16.14, the City Manager, or his designee, shall have the authority to approve the operating memoranda on behalf .of City. No operating memoranda shall require notice or hearing or constitute an amendment to this Agreement. 16. 15 Time of Essence. Time is of the essence in 'the performance of* the provisions of this Agreement as to which time is an element. 16:16 Amendment or. Cancellation of Agreement. This Agreement may be amended from time to time or canceled by the mutual consent of City and Owner only in . the same manner as its adoption, by an ordinance as set forth in California Government Code section 65868, and shall be in a form suitable for recording in the Official Records of San Diego County, California. The term 2014-09-09 Agenda Packet —26— Page 277 1227 "Agreement" shall include any such amendment properly approved and y executed. City and owner acknowledge that the provisions - of this Agreement require a close degree of cooperation between them, and that ' minor or insubstantial changes to the Project and the Development Plan may be required from time to time to accommodate design changes, engineering changes, and other refinements. Accordingly, changes to the Project and the Development Plan that' do not result in a change in use, an increase in density or .intensity of use, cause new or increased environmental impacts, or violate any applicable health and safety regulations, may be considered minor or insubstantial by the City Manager and made without amending this Agreement. 16.17 Estonvel Certificate. Within 30 calendar days _ following a written request by any of the parties, the other parties to this Agreement shall execute and deliver to the requesting party a statement certifying that (i) this Agreement is unmodified and in full force and effect, or if there have been - modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications; J ii) there are no known current uncured defaults under this Agreement, or specifying the dates and nature of any such default; and (iii) any other reasonable information requested. The failure to deliver such a statement within such time shall constitute a conclusive presumption -against the party which fails to deliver such statement that this Agreement is in full force and effect without modification; except. as may be represented by the requesting party, and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. - 16.18 Severability. If' any material provision of this Agreement is held. invalid,. this Agreement will be automatically terminated unless within 15 days after such provision is held invalid the party holding rights under the invalidated provision affirms the balance of this Agreement in writing. This provision will not affect the . right of the parties to modify or suspend this Agreement by mutual consent pursuant to Paragraph 12.4. 16.19 Institution of Legal Proceeding. In addition to any other rights or remedies, any party may institute legal action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted. violation thereof; to recover damages for any default or to obtain. any remedies consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior* Court of the County of San Diego, State of California. 16.'20 Attorneys" Fees and Costs. If any -party commences litigation or other proceedings (including, without limitation, arbitration) for the interpretation, reformation, enforcement, or rescission of this Agreement, the prevailing party, as determined by the court, will be entitled to its reasonable attorneys' -fees and costs. 2014-09-09 Agenda Packet —27— Page 278 1228 16.21 Hold Harmless. Developer agrees to and shall hold City, its officers, agents, employees and representatives harmless . from liability for damage or claims for damage for personal injury, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the Project. Developer agrees to and shall defend City and its officers, agents, employees and representatives from actions for damage caused or alleged to have been caused by reason of Developer's activities in connection with the Project. Developer agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any legal action filed in a court of competent jurisdiction by a third party challenging the validity of this Agreement. The provisions of this Section 16.21 shall not apply to the extent such damage, liability or claim is caused by the intentional or negligent act or omission of City, its officers, agents, employees or representatives. 2014-09-09 Agenda Packet Page 279 ,q 10:07AM VILL' - DEVELOPMENT P.2/2 F;_L �a �7 1229 SIGNATURE PAGE TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT Dated this day of OC , 1997. all, "CITY" CITY OF CHULA VISTA By' Its: Lor i °OWNER" THE OTAY RANCH, L.P. a California limited partnership, by Sky Communities, Inc. a California corporation, its general partner By. James P. Baldwin, President - I hereby approve the form and legality of the foregoing Restated and Amended Pre-Annexation Development Agreement this 44 day of �,WcLkxl 1997. John M. Kaheny By: 4t9ti SZ_ Ann Moore Assistant City Attorney 2014-09-09 Agenda Packet Page 280 --79— ' 1230 EXHIBIT A of CrrY iyi L�ica +may-•��.:.• •iY��;�_-ice •�:• w•::d.•�vMy'�•i. <. r�%~y !�Y' � 'WSJ-•'';h �{ 1 CHULA OF I PLA\NtvG OFPL;ZT,.tif NT OTAY R.aNCH, L.P. 5i` =; i 2 , Page 281 ■ / AM Am A 1�3� EXHIBIT B NO LONGER PERTINENT TO THIS AGREEMENT- DELETED AS ATTACHMENT MARCH 4, 1997. ow -I I I 2014-09-09 Agenda Packet Page 282 17 ■ 40 ■ Recording,Requested ay, and when Receded ?lease Return to: t, Chief. hdministrative Officer County of San Diego 1500 Pacific Hwy. San Diego, CA 92201 ! (space above for Recorder's Use) P LANDFILL NUISAME EASEMENT COVENANTS RUNNING WITH THE LAND (hereinafter referred to as "Grantor"), for valuable consideration, does hereby GRANT to the COMM OF SAN DIEGO, a political subdivision of the State of California (hereinafter referred to as "Grantee") as the owner of the real pr located in the county of San Diego, California 3mown as e "otay Landfill" which is more particularly described in "Exhibit A" hereto (hereinafter referred to as the "Dominant Tenement") and its successors in interest to the Dominant Tenement, an EASEMENT (hereinafter referred to as "Nuisance Easement") over all that real property located in the County of San Diego, California described in. 'Exhibit 8". hereto_(hereinafter:referred-to as the "Servient Tenement"). This Nuisance Easement, is for thv use and benefit of Grantee and its successors in interest and.invited guests in the conduct of solid waste landfilling operations on the Dominant Tenement, for the free and unobstructed passage on, onto, in, through, and across the surface and airspace above the surface of the Servient Tenement of the following things (hereinafter referred to as "Nuisance Items"): dust; noise; vibrations; any and all chemicals or particles suspended (permanently or temporarily) in the air and wind including but not limited to methane gas; odors; fumes; fuel particles; seagulls and other scavenger birds and the excrement droppings therefrom; and the unobstructed passage below the surface of leachate and other pollutants; and for each, every and all effects as may be caused by or result from the operation of a landfill which is now in existence or which may be developed in the future, together with the continuing right to cause or allow in all of such Servient Tenement such Nuisance Items, it being understood and agreed that Grantee, or its successors in interest, intends to develop, maintain and er_pand the landfill on the adjacent Dominant Tenement in such a manner that said landfill and the easement grated herein will be used at all times in compliance With all applicable State and Federal laws and the lawful orders 2014-09-09 Agenda Packet Page 284 g g 1234 of State and Federa•l:.agencies regulating environmental factors , toxic and/or hazardous -waste, and the operation of the landfill . Grantor, for itself and its successors and assigns, does hereby fully waive and release any right. or cause of action which they or any Of* then may now have or may have in the future .against Grantee, its successors and assigns, on account of or arising out of such Nuisance Items heretofore and hereafter caused by the operation -of a landfill. Grantor, • for itself and its successors and assigns, covenants and agrees, with the understanding and intent that such shall run with the land, and which shall run -with the land, that neither they nor any of them will commence or maintain a suit, action, writ, arbitration, or other legal or equitable proceeding against Grantee or its successors or assigns wherein the relief sought is the cessation or limitation on the use of the Dominant Tenement as a landfill. Grantor, for itself and its successors and assigns, covenants and agrees, with the understanding and intent that such shall run with the land, and which shall run with the land, that in the event that they violate the above covenants of the foregoing sentence, they shall pay to Grantee such attorneys' fees and costs as may be determined to be reasonable by a Court of competent jurisdiction. Inquires or requests for enforcement made by Grantor, its successors or assigns to State or Federal agencies with regulatory authority over the operation of landfills shall not be considered a violation of this paragraph. Upon the termination of use of the• Dominant-Tenement for landfill purposes, (including completion of active landfill operations and all closure and ost-closure activities)ctivities Grantor, cantor its successors -or assigns may request that Grantee, its successors or assigns, through the applicable legal procedure, vacate or terminate this easement, which request will not be unreasonably withheld. Executed this day of , 1996, at San Diego, California. GRANTOR 2014-09-091g inda?hitetlandfill.dac Page 285 t 'es z .TI r=- - r rn C. A !firus / •• •' �� • _ + r` J Frl > M Z o G oo 2014-09-09 Agenda Packet Page 286 t23 EXHIBIT -F- PRE-ANNEXATION DEVELOPMENT AGREEMENT Planning Area Assessor Ownership Acreage Parcel Numbers Otay Valley Parcel 595-070-33 Otay Ranch L.P. 15.39 Otay Valley Parcel 641-020-15 Otay Ranch L.P. 21.89 Otay Valley Parcel 641-020-18 Otay Ranch L.P. 10.00 Otay Valley Parcel 641-030-13 Otay Ranch L.P. 97.36 Otay Valley Parcel 641-040-05 Otay Ranch L.P. 151.17 Otay Valley Parcel 641-060-04 Otay Ranch L.P. 8.16 Otay Valley Parcel 641-060-06 Otay Ranch L.P. 17,91 Otay Valley Parcel 641-070-01 Otay Ranch L.P. 87.86 Otay Valley Parcel 641-080-01 Otay Ranch L.P. 88.89 Otay Valley Parcel 642-040-16 Otay Ranch L.P. 13.99 Otay Valley Parcel 642-050-14 Otay Ranch L.P. 44.62 Otay Valley Parcel 642-050-24 Otay Ranch L.P. 29.36 Otay Valley Parcel 642-070-01 Otay Ranch L.P. 160.00 Otay Valley Parcel 642-090-01 Otay Ranch L.P. 92.78 Otay Valley Parcel 643-010-03 Otay Ranch L.P. 19.92 Otay Valley Parcel 643-010-09 Otay Ranch L.P. 51.63 Otay Valley Parcel 643-020-10 Otay Ranch L.P. 159.37 Otay Valley Parcel 643-020-28 Otay Ranch L.P. 48.13 Otay Valley Parcel 643-020-32 Otay Ranch L.P. 32.70 _ Otay Valley Parcel 643-050-01 Otay Ranch L.P. 53.51 Otay Valley Parcel 643-060-04 Otay Ranch L.P. 268.55 Otay Valley Parcel 644-030-01 Otay Ranch L.P. 311.03 Otay Valley Parcel 644-030-06 Otay Ranch L.P. 255.85 Otay Valley Parcel 644-060-11 Otay Ranch L.P. 159.18 Otay Valley Parcel 644-070-01 Otay Ranch L.P. 313.52 Otay Valley Parcel 644-070-07 Otay Ranch L.P. 285.85 Otay Valley Parcel 644-080-09 Otay Ranch L.P. 152.40 Otay Valley Parcel 644-090-02 Otay Ranch L.P. 299.60 Otay Valley Parcel 645-030-15 Otay Ranch L.P. 16.89 Otay Valley Parcel 645-030-18 Otay Ranch L.P. 102.10 Otay Valley Parcel 646-010-03 Otay Ranch L.P. 175.14 3,544.75 Total 2014-09-09 Agenda Packet Page 287 CALIFORNIA ALL-PURPOSE ACKOWLEDGEMENT 1237 State of California ) County of San Diego ) On before me, Beverly A. Authelet, City Clerk i personally appeared 1 personally known to me - OR - -C)proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that F he/she/they executed the same in his/her/their _ authorized capacity(ies), and that by his/her/their _= signature(s) on the instrument the person(s), or the - entity upon behalf of which the person(s) acted, executed the instrument. r WITNESS my hand and official seal. Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on.the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Ld Corporate Officer L - �nVL 4'71Cf UC. Title or Type of Document i J Titles) ❑ Partners(s) ❑ Limited 3� ❑ General' Number of Pages ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: ate of Document SIGNER S N I G REPRESENTING: �- Name of Person(s)or Entityries) / Signe (s) Other Than Named Above -- 20 4-09-09 Agenda Packet Page 288 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 1238 County of f / On before/me, �Q Date "'MIS of Officer .p..'Jane Doe,Notary Public / r � personally appeared �� / Names)of Signers) I [personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), &4M KAY KEMER » and that by his/her/their signature(s) on the instrument the ' Nsanobooc- person(s),or the entity upon behalf of which the person(s) mycamrL E)Vka Fab 5,ZOm acted, executed the instrument. WIT SS m hand and official seal. S��ature of Notary Public OPTIONAL Though the information below is not required by law,if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenL Description of Attached current Title or Type of Document: , ", ( - f ' Document Date: ��—t �� Number of Pages: Signers) Other Than Named Above: Claimed by Sign Capacityl5l �) er l Signer's Name: l Signer's Name:r�ffljt ❑ Individual ❑ Individual i C�Corporate pfpcer " AUK� ❑ Corporate Officer Title(s): V. 4Qa LllJh Title(s): D Partner—D Limited ❑General D Partner—❑ Limited D General ❑ Attomey-in-Fact ❑ Attomey-in-Fact D Trustee _ _ ❑ Trustee _ D Guardian or Conservator `- ❑ Guardian or Conservator ❑ Other. Top of thumb here D Other; Top of thumb here Signer is Repres nting: Signer Is Representing: I [4-09-09 Agenda Packet I_P,- A7F-5A27 OTAY LAND COMPANY, LLC A HomeFed Communities Development 1903 Wright Place, Suite 220 Carlsbad, CA 92008 E-Mail Address: Otay @Accretivelnvestments.com 760/918-8202 Fax: 760/918-8205 Paul J. Borden 602-3780 R. Randy Goodson 602-3766 Simon G. Malk 602-3767 November 17, 1999 Ms. Gabrielle Holley Pillsbury Madison& Sutro, LLP 101 West Broadway, Suite 1800 San Diego, CA 92101-8219 Dear Ms. Holley: . Enclosed is a copy of the Restated&Amended Pre-Annexation Development Agreement with Otay Ranch, L.P. Thank You Patricia Saglin i 2014-09-09 Agenda Packet Page 290 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN THE OTAY LAND COMPANY,LLC AND THE CITY OF CHULA VISTA FOR PROPERTIES WITHIN THE OTAY RANCH PLANNED COMMUNITY WHEREAS, the property which is the subject matter of this Ordinance is identified in that certain Restated and Amended Pre-Annexation Development Agreement with Otay Ranch,L.P.(the "Development Agreement") attached hereto as Exhibit"A" and commonly known as a portion of Planning Area 20 and Otay Ranch Villages 8 West and 9 (the "Property"); and WHEREAS, on April 7, 2008 the City Council approved a Land Offer Agreement(LOA) between the Otay Land Company, LLC and the City of Chula Vista that contemplated certain amendments to the Development Agreement; and WHEREAS,those certain amendments to the Development Agreement were a component of the Entitlements described in the LOA, attached hereto as Exhibit C; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act and determined that the Project was adequately covered in previously adopted Final Second Tier Environmental Impact Reports(EIR-10- 03 & EIR-10-04). Thus,no further environmental review or documentation is required; and WHEREAS, the Planning Commission set the time and place for a hearing on said Development Agreement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS,the hearing was held at the time and place as advertised,namely 6:00 p.m.July 23,20014,in the Council Chambers,276 Fourth Avenue,and the Planning Commission voted 4-0-2- 1 to approve Planning Commission Resolution PCM-14-08 recommending to the City Council approval of the First Amendment to the Development Agreement; and WHEREAS,on September 9,2014, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the First Amendment to the Development Agreement between the City of Chula Vista and Otay Land Company, LLC; and WHEREAS, City staff has reviewed the First Amendment to the Development Agreement and determined it to be consistent with the Otay Ranch General Development Plan and the City's General Plan. 2014-09-09 Agenda Packet Page 291 Ordinance No. Page 2 NOW, THEREFORE,THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on July 23, 2014, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act(CEQA) claims. IL COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the Ordinance approving the First Amendment to the Development Agreement,as described and analyzed in the Final Second- Tier EIRs 10-03 & 10-04,would have no new effects that were not examined in said Final EIRs (CEQA Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed First Amendment to the Development Agreement is consistent with the City's General Plan and Otay Ranch General Development Plan (GDP). The First Amendment to the Development Agreement implements the General Plan and GDP by providing for facilities and development that are consistent with the General Plan and GDP. IV. ACTION The City Council hereby adopts an Ordinance approving the First Amendment to the Development Agreement Between the Otay Land Company,LLC and the City of Chula Vista in the form presented,with such 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, finding said First Amendment to the Development Agreement Between the Otay Land Company, LLC and the City of Chula Vista consistent with the California Government Code, adopted City policies, the General Plan, and the GDP,which shall include amendment to the following provisions thereto: 1. Term. The following language shall be added to the end of the last sentence of the first full paragraph of Section 3 of the Development Agreement: "from February 26, 2013, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between the City and Otay Land Company, LLC, a Delaware limited liability company, approved by the City Council on or about May 12, 2008." 2014-09-09 Agenda Packet Page 292 Ordinance No. Page 3 2. Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration." Pursuant to California Government Code section 66452.6,any tentative subdivision map,parcel map or other map authorized by the State Subdivision Map Act that is approved for the Project shall remain valid for a period of time equal to a term of this Agreement. In addition, notwithstanding any condition or provision to the contrary,every permit and approval forthe Project otherthan ministerial approvals shall remain valid for a period of time equal to "the term of this Agreement." 3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the existing Development Agreement, entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary, the City's Growth Management program, as set forth in the Growth Management Element of the City General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof" 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on December 17, 2013 and June 3, 2014." 5. Reimbursement. At the end of the first sentence of Section 7.5 of the existing Development Agreement,entitled "Facilities Which are the Obligations of Another Party, or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." 6. No Further Modification. Except as set forth in this First Amendment to the Development Agreement, all of the terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. V. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance,is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,that portion shall be deemed severable,and such invalidity,unenforceability or 2014-09-09 Agenda Packet Page 293 Ordinance No. Page 4 unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance,or its application to any other person or circumstance.The City Council of the City of Chula Vista hereby declares that it would have adopted each section,sentence,clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. VI. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict,applicable state and federal law and this Ordinance shall be construed in light of that intent. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-09-09 Agenda Packet Page 294 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0494, Item#: 14. CONSIDERATION OF A CITY-SPONSORED TECHNICAL CORRECTION AMENDMENT TO GENERAL PLAN ENVIRONMENTAL ELEMENT POLICY E6.4 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TECHNICAL CORRECTION AMENDMENT TO POLICY E6.4 OF THE CHULA VISTA GENERAL PLAN ENVIRONMENTAL ELEMENT RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY The City of Chula Vista's General Plan Land Use and Transportation Element and the Environmental Element contain goals, objectives and policies that stipulate the importance of improving air quality, and minimizing dependency on fossil fuels and exposure of sensitive receptors to toxic air contaminants from facilities such as energy generation facilities (EGFs), and other major toxic emitters. In accordance with prior Council direction, staff in conjunction with the EGF and Industry Working Groups prepared documents that were adopted in the fall of 2013, which established requirements and a regulatory framework for the siting of EGFs within the City of Chula Vista. General Plan Environmental Element Policy E 6.4 was amended to clarify that a minimum 1000ft separation is needed between baseload or peaking type EGFs and sensitive receptors (e.g. residential areas, schools, hospitals, child care centers). As outlined further in the Discussion section below, change in the policy's phrasing resulted in certain wording in Policy E 6.4 pertaining to "other major toxic air emitters" (separate from EGF's) being deleted in one place, and inadvertently not being reinserted where it should have remained. Thus, staff is requesting that the language be reinstated as originally intended. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed Amendment for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately addressed in the previously certified EIR 05-01 for the General Plan Update. Thus, no further environmental review is necessary. Although environmental review is not necessary for the General Plan Amendment, environmental review will be required for any Energy Generating Facilities and "major toxic emitters" that are proposed as part of the conditional use permit evaluation for that specific project. BOARD/COMMISSION RECOMMENDATION On August 13, 2014, the Planning Commission held a duly noticed public hearing to consider the City of Chula Vista Page 1 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 295 File#: 14-0494, Item#: 14. proposed technical correction amendment, and adopted Resolution GPA-14-02 (6-0-1-0), recommending the City Council approve the proposed amendment. DISCUSSION As indicated above, in fall 2013 the City Council approved amendments to the General Plan and Zoning Ordinance, and a new EGF Council Policy that provides comprehensive provisions within the City's regulatory framework for the siting of EGFs within the City. An important component of these regulations, specifically within the General Plan, are policies such as E 6.4 that address the necessity to provide adequate separation distance between uses that produce toxic air emissions and sensitive receptors (i.e. segment of general public such as children and the elderly) that can be potentially affected by those toxic emissions. Policy E6.4 is included within Environmental Element Section 3.1 .6 - Promoting Clean Air, that is clearly focused on a broad set of potential sources that can emit toxic air contaminants ranging from tailpipe emissions to a variety of land uses such as power plants, chrome plating and metal melting operations, landfills, quarry operations, and batching plants, among others. The wording changes to Policy E6.4 via the EGF work were intended to emphasize "not" siting baseload or peaking type EGFs within 1000ft. of sensitive receptors (e.g. residential areas, schools, hospitals, child care centers) and vice-versa. During recent actions to refresh publication of the General Plan document, staff realized that the revised sentence structure of the amended Policy E6.4 omitted the important phrase "and other major toxic air emitters." The omission was not intentional, and if not corrected, would fundamentally change the scope of the policy by suggesting that other types of major toxic air emitters (other than fossil-fueled EGFs) could be sited in proximity to sensitive receptors. This is inconsistent with the scope and intent of Section 3.1 .6 of the Environmental Element. It is important that the omitted phrase "and other major toxic air emitters" be reinstated to ensure adequate separation between these uses and sensitive receptors are addressed in this General Plan Policy as originally written. Below is the original Policy E6.4 with strike/underline showing the wording resulting from actions related to the EGF amendments. The deletion of the phrase "and other major toxic air emitters" can be seen in the first line as part of changing the wording structure. That phrase should have been reinserted following the first line of new text, but inadvertently was not. The subsequent entry shows staff's proposal to reinsert the deleted wording in the context and intent of the original Policy. Current Amended Language E 6.4 Avsid &4pg new or re-powered energy won #alias and et#e n;a}of texts a# ernitters Do not site new or re-powered fossil-fueled baseload or peaking-type Electrical Generating Facilities within 1,000 feet of a sensitive rese+veK receptors , or plaGGMen of a site sensitive rese+veK receptors within 1,000 feet of a major t. xor- emitter such facilities. Corrected Amended Language E 6.4 Do not site new or re-powered fossil-fueled baseload or peaking-type Electrical Generating Facilities and other major toxic air emitters within 1 ,000 feet of sensitive receptors, or site sensitive receptors within 1 ,000 feet of such facilities. The proposed Amendment to General Plan Policy E 6.4 to reinstate the wording "and other major City of Chula Vista Page 2 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 296 File#: 14-0494, Item#: 14. toxic air emitters" will ensure that adequate separation is provided between sensitive receptors and all such uses. 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 18705.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This item meets the Healthy Community goals as it clarifies provisions in Policy E6.4 that protects the public/sensitive receptors from potentially harmful air pollutants from EGFs and other major toxic air emitters. CURRENT YEAR FISCAL IMPACT Correction of the Policy wording does not generate any fiscal impact; processing of the correction was accomplished with staff resources pursuant to the Development Services Department's approved FY2014-15 budget. ONGOING FISCAL IMPACT None ATTACHMENTS 1 . Planning Commission Resolution Staff Contact: Stan Donn City of Chula Vista Page 3 of 3 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 297 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A TECHNICAL CORRECTION AMENDMENT TO POLICY E6.4 OF THE CHULA VISTA GENERAL PLAN ENVIRONMENTAL ELEMENT WHEREAS, in October 2013, the City Council approved amendments to the General Plan and Zoning Ordinance, including a new Council Policy, related to the siting of Electrical Generating Facilities (EGFs) in Chula Vista; and WHEREAS, the adopted regulatory framework for EGFs reflects sound planning principles and is internally consistent with the General Plan; and WHEREAS, Objective E6 of the Environmental Element states "Improve local air quality by minimizing the production and emission of air pollutants and toxic air contaminants and limit the exposure of people to such pollutants"; and WHEREAS, Policy E6.4 as originally worded prior to the October 2013 amendments addressed EGFs "and other major toxic air emitters"; and WHEREAS, it was realized by staff that the EGF amendments as approved by Council in October 2013 inadvertently deleted the phrase "and other major toxic air emitters" from Policy E6.4; and WHEREAS, "and other major toxic air emitters" (separate from EGF's) could include, but not be limited to,uses such as quarry operations, landfills, chrome-plating facilities, and batching plants; and WHEREAS, separation of sensitive receptors from "other major toxic air emitters" is consistent with Objective E6 and should be retained in Policy E6.4 as originally written and approved; and WHEREAS, as supported by the Agenda Statement and presentations to the Planning Commission and City Council by staff, it was never intended to delete "and other major toxic air emitters" from policy E6.4; and WHEREAS, the Development Services Director has reviewed the proposed Amendment for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately addressed in the previously certified EIR 05-01 for the General Plan Update. Thus, no further environmental review is necessary. Although environmental review is not necessary for the General Plan Amendment, environmental review will be required for any Energy Generating Facilities and "major toxic emitters" that are proposed as part of the conditional use permit evaluation for that specific project; and WHEREAS, the Planning Commission, at a duly noticed public hearing held on August 13, 2014, voted (6-0-1-0) to recommend that the City Council approve a resolution adopting a technical correction amendment to Policy E6.4 of the Chula Vista General Plan Environmental Element; and Page 1 of 3 2014-09-09 Agenda Packet Page 298 WHEREAS,the City Clerk set the time and place for the hearing on the proposed Amendment and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City for the proposed Amendment at least ten (10)days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the proposed Amendment was held before the City Council on September 9, 2014 in the Council Chambers in the City Hall, Chula Vista Civic Center,276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. The proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Environmental Determination That the proposed Amendment complies with CEQA because the proposed Amendment was adequately addressed in the previously certified EIR 05-01 for the General Plan Update. Thus, no further environmental review is necessary. Although environmental review is not necessary for the proposed Amendment, environmental review will be required for any Energy Generating Facilities "and other major toxic air emitters" that are proposed as part of the conditional use permit evaluation for that specific project. Section II.Consistency with General Plan That the approval of the proposed Amendment is consistent with and follow the goals, objectives, and policies of the Chula Vista General Plan because the proposed Amendment, in accordance with the GPU, provide clear and comprehensive regulations for the siting of EGFs "and other major toxic air emitters" within the City, which will help to improve air quality, and minimize dependency on fossil fuels and exposure of sensitive uses to toxic air contaminants from (generally fossil-fuel based) EGF facilities as well as other major toxic air emitters, and ensure adequate separation between such uses and sensitive receptors. BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby approve and adopt the Amendment to Environmental Element Policy E6.4 regarding the siting of EGFs "and other major toxic air emitters"within the City of Chula Vista, as follows: Section III. Environmental Element 1. Amend Policy 6.4 to reinsert"and other major toxic air emitters," as follows: E6.4 Do not site new or re-powered fossil-fueled baseload or peaking-type Electrical Generating Facilities and other major toxic air emitters within 1,000 feet of sensitive receptors, or site sensitive receptors within 1,000 feet of such facilities. Page 2of3 2014-09-09 Agenda Packet Page 299 Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney Page 3 of 3 2014-09-09 Agenda Packet Page 300 RESOLUTION NO. GPA 14-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY OF CHULA VISTA CITY COUNCIL APPROVE A RESOLUTION ADOPTING A TECHNICAL CORRECTION AMENDMENT TO POLICY E6.4 OF THE CHULA VISTA GENERAL PLAN ENVIRONMENTAL ELEMENT. WHEREAS, in October 2013, the City Council approved amendments to the General Plan and Zoning Ordinance, including a new Council Policy related to the siting of Electrical Generating Facilities (EGFs) in Chula Vista; and WHEREAS, the adopted regulatory framework for EGFs reflects sound planning principles and is internally consistent with the General Plan; and WHEREAS, Objective E6 of the Environmental Element states "Improve local air quality by minimizing the production and emission of air pollutants and toxic air contaminants and limit the exposure of people to such pollutants"; and WHEREAS, Policy E6A as originally worded addressed EGFs "and other major toxic air emitters"; and WHEREAS, it was realized by staff that the EGF amendments as approved by the City Council in October 2413 inadvertently deleted the phrase "and other major toxic air emitters" language from Policy E6.4; and WHEREAS, "other major toxic air emitters" (separate from EGFs) could include, but not be limited to, uses such as quarry operations, landfills, chrome-plating facilities, batching plants; and WHEREAS, sensitive receptor separation from "other major toxic air emitters" is consistent with Objective E6 and should be retained in Policy E6.4 as originally written and approved; and WHEREAS, the Development Services Director has reviewed the proposed Amendment for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action was adequately addressed in the previously certified E1R 05-01 for the General Plan Update. Thus, no further environmental review is necessary. Although environmental review is not necessary for the General Plan Amendment, environmental review will be required for any Energy Generating Facilities and "other major toxic air emitters"that are proposed as part of the conditional use permit evaluation for that specific project; and WHEREAS, a hearing time and place was set by the Planning Commission for consideration of the proposed Amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and 2014-09-09 Agenda Packet Page 301 PC Resolu tion GPA 14-02 Page 2 August 13,2014 WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Amendment at the time and place as advertised, namely August 13, 2014 at 6 p.m. in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed. NOW THEREFORE BE IT RESOLVED that the Planning Commission hereby recommends that the City of Chula Vista City Council approve the following: Attachment 1 draft City Council resolution adopting a technical correction amendment to Policy E6.4 of the Chula Vista General Plan Environmental Element, attached hereto and made a part hereof this resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. Presented Approved as to form by: A I 111_�L Kelly Broughton, FASLA Glen. Googins Development Services Director 'City ttorney PASSED AND APPROVED B.f THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of August, 2014, by the following vote,to-wit: AYES: Anaya, Fragomeno, Livag, Moctezuma, Vinson and Chair Calvo NOES: ABSENT: Nava ABSTAIN: Yolandatalvo, Chair ATTEST: KF a Patricia Laughlin Board Secretary 2014-09-09 Agenda Packet Page 302 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0479, Item#: 15. CONSIDERATION OF ALL WRITTEN PROTESTS AGAINST THE PROPOSED RATE ADJUSTMENTS AND RATE ADJUSTMENT FORMULA FOR GENERAL SERVICE RATES FOR SOLID WASTE SERVICES AND THE MARKET ADJUSTMENT FORMULA FOR LARGE QUANTITY GENERATOR TRASH, RECYCLING AND GREEN WASTE RATES RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE MAJORITY PUBLIC PROTEST PROCESS FOR SOLID WASTE GENERAL SERVICE RATES AND APPROVING THE SOLID WASTE SERVICE RATE ADJUSTMENTS FOR A FIVE YEAR PERIOD, BEGINNING IN 2014, PURSUANT TO THE APPROVED CONTRACT FORMULAS RECOMMENDED ACTION Council conduct the public hearing, receive the results of the public protest process, and if written protests have not been submitted for a majority of the parcels, adopt the resolution accepting the results and approving the rate adjustments. SUMMARY The purpose of the public hearing is to consider all written protests against the proposed rate adjustments for Solid Waste General Service Rates. All protests must be in writing to the City Clerk, prior to the close of the public hearing, signed by the property owner or customer of record and include a description of the property (address or Assessor Parcel Number). Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest as described. If a majority protest is not received, the proposed fees will be implemented. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378 of the State CEQA Guidelines because the proposed action consists of a governmental fiscal activity 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 15378 (b)(4) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista is renewing the franchise agreement with Republic Services to provide waste hauling services within the City. That agreement sets forth the terms of annual solid waste service rates adjustments tied to the San Diego Area Consumer Price Index (CPI). The rates are scheduled City of Chula Vista Page 1 of 4 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 303 File#: 14-0479, Item#: 15. to increase annually - July 1 , for Large Quantity Generators (commercial and industrial bin service customers) and September 1, for Small Quantity Generators (residential cart service customers). The new rates are being implemented as a result of the franchise renewal, which includes a change in the formula for the rate adjustment and an adjustment in the governmental fee. Out of an abundance of caution, the City is complying with the Prop 218 majority protest process (California Constitution Article XIIID, Section 6). A majority protest exists if written protests against the proposed on behalf of a majority of the identified parcels. if a majority protest is not received, the rates may be implemented. City staff began the majority hearing process on July 25, 2014. • July 25, 2014, Public Notices were mailed to 65,998 property owners or customers of record in Chula Vista (see attachment). The Public Notice serves as communication of the annual rate adjustment formula, governmental fee adjustment and market rate adjustment for the solid waste service rates to property owners or customers of record. The notice contained some of the most common service levels projected rates with information on how to access the entire projected rate schedule on the City website www.chulavistaca.gov/clean <http://www.chulavistaca.gov/clean>, by emailing EnvironmentalServices(a)chulavistaca.gov <mai Ito-EnvironmentalServices a)_chulavistaca.gov>, calling the Environmental Services hotline at (619) 691-5122 or through the City Clerk's office. • The mailing started a 45 day comment period for property owners to protest the rate adjustment formulas and the adjustment in the governmental fee. All written protests are required to be signed by the property owner or customer of record and describe the property either by address or Assessor's Parcel Number. All written protests must be received by the City Clerk before the close of the majority protest public hearing on September 9, 2014, at 2 pm. • At the majority hearing City Council will receive final tabulations of the written protests received by the City Clerk. If a majority of the written protests from property owners is not received (32,999 + 1= 33,000), the rate adjustment formula and rate adjustments for the five year period beginning in 2014 shall be approved. Per the renewed franchise agreement solid waste services rates will adjust as follows: The annual adjustment amount for General Service Rates does not exceed 100 percent of the increase in the San Diego Area Consumer Price Index (CPI) for all Urban Consumers (all items) published by the U.S. Department of Labor, Bureau of Labor Statistics for the previous twelve-month period (calendar year) for which statistics are available. CPI X 100% _ % of rate adjustment Notwithstanding the foregoing, at no time shall the Small Quantity Generator Rates (SQG - cart service) exceed ninety percent (90%) of the average for the County of San Diego for the City of Chula Vista Page 2 of 4 Printed on 9/4/2014 istar 2014-09-09 Agenda Packet powered by Leg age 304 File#: 14-0479, Item#: 15. same level of service after subtracting any pass-through fees or local subsidies. This limitation is to be applied only to determine whether the Contractor is entitled to the full 100% CPI adjustment on SQG rates, as described above. Mean County Average Rate X 90% = Maximum rate for SQG In accompaniment to the above limiting factors on annual rate adjustments, Republic is eligible for a market adjustment of the Large Quantity Generator General Service Rates every four years. Beginning July 1, 2015, the maximum market adjustments applicable to Large Quantity Generator service rates (excluding three yard bin or smaller/once per week service) will be ninety-five percent (95%) of the corresponding mean county average. Rate adjustments are effective July 1, for Large Quantity Generators (commercial and industrial bin service customers) and September 1, for all Small Quantity Generators (residential cart service customers), annually. The City Manager or designee annually reviews the rates for compliance with the contractual terms. If the proposed rate adjustments meet the contract conditions, the annual rate adjustments will be implemented upon a 30-day notice to the rate payers. 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 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 Performing the public protest process for the solid waste rates supports the City's Operational Excellence and Economic Vitality by ensuring compliance with the California Constitution and promoting good service for competitive prices that are sustainable over the term of the agreement. CURRENT YEAR FISCAL IMPACT Impact to the City If written protests have not been submitted for a majority of the parcels, the City governmental fees (franchise fees) will increase from 10% to 20% of the gross receipts effective November 1, 2014, generating approximately $1.2 million in additional discretionary General Fund revenues in the first year. Impact to the Rate Paver If written protests have not been submitted for a majority of the parcels, the rate payers will see an increase of 12% on their solid waste bills as a result of the renewed franchise agreement. Under the previous agreement, Republic Services paid the City 10% of gross receipts to the City in Franchise Fees. Of this amount, Republic passed through 8% to the customer, and 2% was paid by Republic. The renewed franchise agreement increased the Franchise Fee to 20%, and allows Republic to pass the entire 20% through to the customer. Rate payers will see an increase of 12% on their solid waste City of Chula Vista Page 3 of 4 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 305 File#: 14-0479, Item#: 15. bills as a result of the renewal, effective November 1, 2014. For Small Quantity Generators (cart customers) this will equate to approximately $2.00 per month. For Large Quantity Generators (bin customers) this will equate to approximately $4.25 per month for a three cubic yard bin, serviced one time per week. ONGOING FISCAL IMPACT The adjusted governmental fees (franchise fees) at 20% of gross receipts will generate additional discretionary revenues to the City of approximately $2.1 million annually through the term of the agreement (2023). In subsequent years the franchise agreement allows for the franchised hauler to adjust the solid waste rates to a maximum of 100% of the Consumer Price Index, annually, with periodic market adjustments and limiting factors. ATTACHMENTS Public Notice Mailer Staff Contact: Lynn France, Environmental Services Program Manager, Public Works Department, ext. 5790 City of Chula Vista Page 4 of 4 Printed on 9/4/2014 2014-09-09 Agenda Packet Page 306 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE RESULTS OF THE MAJORITY PUBLIC PROTEST PROCESS FOR SOLID WASTE GENERAL SERVICE RATES AND APPROVING THE SOLID WASTE SERVICE RATES ADJUSTMENTS FOR THE FIVE-YEAR PERIOD BEGINNING IN 2014, PURSUANT TO THE APPROVED FORMULAS WHEREAS the City of Chula Vista entered into a franchise renewal agreement for Solid Waste Services with Republic Services in August 2014; and WHEREAS, the Agreement contains specific language and formulas for calculating annual rate adjustments, which includes limitations that ensure the Chula Vista ratepayers will continue to have some of the lowest rates for service in San Diego County; and WHEREAS, although the rates are being implemented pursuant to a franchise agreement, our of an abundance of caution, the City is complying with the notice and majority protests requirements of Proposition 218 (California Constitution, Article XIII D, Section 6); and WHEREAS, a Public Notice was mailed to property owners/customers of record on July 25, 2014 which started the 45 day opportunity to protest the rate adjustment formulas for Solid Waste General Service Rates, periodic Market Adjustment of the General Service Rates for Large Quantity Generators for solid waste, green waste and recycling, and the adjustment in the governmental fees to 20% of gross receipts; and WHEREAS, the City has conducted the majority protest process per State regulations; culminating with a public hearing, on September 9, 2014; and WHEREAS, California Government Code section 53756 permits the adoption of a schedule of fees authorizing automatic adjustments for a period not to exceed five years; and WHEREAS, the final tally of written protests received by the City Clerk, (less than 32,999+1) approves the solid waste service rates adjustment formulas and the adjustment in the governmental fees. Now therefore, be it resolved that the City Council of the City of Chula Vista does hereby accept the results of the majority public protest process, approving the rate adjustment formulas for the General Service Rates with subsequent annual adjustments, for the five-year period beginning in 2014. C:AUsers\GRAIVIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @F8124AE1\@BCL @F8124AEl.doc 2014-09-09 Agenda Packet Page 307 Resolution No. Page 2 Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-09 Agenda Packet Page 308 0 v c„N s D D — O r�o Z U �o W C N w n3 c~nL N > a o® QW a W — s OW o c„ U - 6w U W s U o E L y E N o c > >'L) o Oa - c ON a) o a y w N c°n ° a U ci c o .�-`- -c Y' L a) � 23 E .. 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O m r; II �" > E C .y a) c ol i City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0519, Item#: 16. RATIFICATION OF APPOINTMENTS OF MARYANN HERNANDEZ TO THE BOARD OF LIBRARY TRUSTEES, AND CHERYL PEREZ AND KRISTINE WUNDER TO THE VETERANS ADVISORY COMMISSION City of Chula Vista Page 1 of 1 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 311 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0512, Item#: 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of El Centro, et al. v. David Lanier, et al., San Diego Superior Court, Case No. 37-2014- 00003824-CU-WM-CTL. City of Chula Vista Page 1 of 1 Printed on 9/4/2014 2014-09-09 Agenda Packet powered by Leg age 312