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2014-09-23 Agenda Packet
I declare under penalty of perjury that I am empioy2d by the City of Chula Vista in the Office ot the City Clerk and that I posted [his ,�-- __�,__, document on the bulletin board according to - !_T���?rY'° ' erown Act requirements. -- -�iY''• ' ��\I// - . _ � �-- � �=r � �l R 1N - - � Signed �� _ - `£. 1' .zr . - - f " cm oF � A,r�-.-_[,'� - CHULA VISTA - r^i.'f:-a-.c �� :,�:- . -.ai�_�-.'n` ��3 : - O • / � �O�/�%%�%��"`-� � 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 23, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL REVISED 9/19/14 CALL TO ORDER ROLL CALL: Councilmembers Aguila� Bensoussan, Ramirez, Sa/as and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0545 OATHS OF OFFICE Michael Lengyei, Growth Management Oversight Commission Cheryl Perez and Kristine Wunder, Veterans Advisory Commission B. 14-0481 PRESENTATION OF . A PROCLAMATION TO KRISTINE WUNDER, CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR City of Chula Ysfa Page 1 Pnnted on W19/10f4 City Council Agenda September 23,2014 C. 14-0490 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MARTIN BRADY ON 31 YEARS OF SERVICE TO THE CITY OF CHULA VISTA D. 14-0509 PRESENTATION OF A PROCLAMATION TO REACH OUT AND READ SAN DIEGO PROJECT DIRECTOR TARA MILBRAND, MSW, CHULA VISTA ELEMENTARY SCHOOL DISTRICT SUPERINTENDENT DR. FRANCISCO ESCOBEDO, CVESD STUDENT PLACEMENT MANAGER LISA BUTLER AND SWEETWATER UNION HIGH SCHOOL DISTRICT ATTENDANCE COORDINATOR JOSE SANCHEZ, PROCLAIMING SEPTEMBER 2014 AS SCHOOL ATTENDANCE MONTH IN CHULA VISTA CONSENT CALENDAR (Items 1 - 14) 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. 14-0549 APPROVAL OF MINUTES of September 9, and 11, 2014. Staff Recommendation: Council approve the minutes. 2. 14-0541 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 (SECOND READING AND ADOPTION) Department: Public Works Department Staff Recommendation: Council adopt the Ordinance. 3. 14-0542 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 (SECOND READING AND ADOPTION) Department: Public Works Department Staff Recommendation: Council adopt the Ordinance. City of Chula Vista Page 2 Printed on 911912014 2014-09-23 Agenda Packet Page 2 City Council Agenda September 23,2014 4. 14-0543 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 (SECOND READING AND ADOPTION) Department: Development Services Department Staff Recommendation: Council adopt the ordinance. 5. 14-0515 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060, NUISANCE (REVISED SECOND READING AND ADOPTION) The first reading of this ordinance was unanimously passed by the City Council on March 5, 2013, which included amending one section of the Chula Vista Municipal Code and removing sections 6.24.050 and 6.24.060. At the second reading and adoption on March 19, 2013, only the amended section was presented and the removal of sections 6.24.050 and 6.24.060 was inadvertently omitted. This revised second reading intends to correct the error. The title of the ordinance has been changed to reflect the amendment and the deletions. Department: Animal Care Facility Staff Recommendation: Council adopt the ordinance. City of Chula Vista Page 3 Printed on 911912014 2014-09-23 Agenda Packet Page 3 City Council Agenda September 23,2014 6. 14-0501 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF LA MEDIA ROAD AND OTAY VALLEY ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT Department: Development Services Department Staff Recommendation: Council adopt the resolution. 7. 14-0476 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT BRANDYWINE AVENUE & SEQUOIA STREET (DR197)"; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "BRANDYWINE AVENUE & SEQUOIA STREET (DR197)" PROJECT; REDUCING THE DR193 CIP BUDGET BY $196,000 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR197; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND, RATIFYING THE CONTRACT WITH ARRIETA CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. 8. 14-0517 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON' (CIP # OP225) TO AZTEC LANDSCAPING, INC. IN THE AMOUNT OF $216,747.20 IN ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs); AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 4 Printed on 911912014 2014-09-23 Agenda Packet Page 4 City Council Agenda September 23,2014 9. 14-0548 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT Department: Public Works Department Staff Recommendation: Council adopt the resolution. 10. 14-0497 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 AUTHORIZED POSITION COUNT FOR THE LIBRARY DEPARTMENT BY ADDING 1.0 LIBRARIAN I POSITION AND ELIMINATING 1.0 LIBRARY ASSOCIATE POSITION Department: Library Department Staff Recommendation: Council adopt the resolution. 11. 14-0503 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA OR ITS DESIGNEE TO ENTER INTO A SOLE SOURCE PURCHASE WITH PIERCE MANUFACTURING FOR THE ACQUISITION OF A PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE Department: Fire Department Staff Recommendation: Council adopt the resolution. 12. 14-0514 REPORT GIVING NOTICE OF INTENT TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA AND DIRECTING THE CITY CLERK AND CITY ATTORNEY TO RETURN TO COUNCIL TO PRESENT THE PROPOSED AMENDMENTS WITHIN 90 DAYS Department: City Attorney & City Clerk Staff Recommendation: Council accept the report and direct the City Clerk and City Attorney to present proposed amendments to the conflict of interest code within 90 days. City of Chula Vista Page 5 Printed on 911912014 2014-09-23 Agenda Packet Page 5 City Council Agenda September 23,2014 13. 14-0328 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER Department: Recreation Department Staff Recommendation: Council adopt the resolution. 14. 14-0546 INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2014 Department: Finance Department Staff Recommendation: Council accept the report. 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 MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS 15. 14-0547 COUNCILMEMBER SALAS Presentation of highlights from the Chula Vista Train Festival held on August 30, 2014 City of Chula Vista Page 6 Printed on 911912014 2014-09-23 Agenda Packet Page 6 City Council Agenda September 23,2014 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). 16. 14-0550 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Gary Ficacci Employee organization: POA 17. 14-0551 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Jim Geering Employee organization: IAFF 18. 14-0523 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Rudy Diaz v. Chula Vista Civil Service Commission, San Diego Superior Court, Case No. 37-2013-00035036-CU-WM-CTL 19. 14-0524 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Tommy LaNier v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00019774-CU-DF-CTL 20. 14-0525 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Valerie Taylor v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00028754-CU-OE-CTL City of Chula Vista Page 7 Printed on 911912014 2014-09-23 Agenda Packet Page 7 City Council Agenda September 23,2014 21. 14-0528 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) In re John Hess v. City of Chula Vista, et al., Government Claim for Damages ADJOURNMENT to the Regular City Council Meeting on October 14, 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 8 Printed on 911912014 2014-09-23 Agenda Packet Page 8 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0545, Item#: A. OATHS OF OFFICE Michael Lengyel, Growth Management Oversight Commission Cheryl Perez and Kristine Wunder, Veterans Advisory Commission City of Chula Vista Page 1 of 1 Printed on 9/19/2014 2014-09-23 Agenda Packet Page 9 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 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 10 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0490, Item#: C. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT AGENT MARTIN BRADY ON 31 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 11 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0509, Item#: D. PRESENTATION OF A PROCLAMATION TO REACH OUT AND READ SAN DIEGO PROJECT DIRECTOR TARA MILBRAND, MSW, CHULA VISTA ELEMENTARY SCHOOL DISTRICT SUPERINTENDENT DR. FRANCISCO ESCOBEDO, CVESD STUDENT PLACEMENT MANAGER LISA BUTLER AND SWEETWATER UNION HIGH SCHOOL DISTRICT ATTENDANCE COORDINATOR JOSE SANCHEZ, PROCLAIMING SEPTEMBER 2014 AS SCHOOL ATTENDANCE MONTH IN CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 12 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0549, Item#: 1. APPROVAL OF MINUTES of September 9, and 11 , 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 13 City of Chula Vista Meeting Minutes - Draft 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 A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Councilmember Salas arrived at 2:06 p.m. 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 EMS Coordinator Scott led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 14-0506 OATHS OF OFFICE Julio Fuentes and Gabriel Gutierrez, Planning Commission City Clerk Norris administered the oath of office to Commissioner Fuentes, and Deputy Mayor Aguilar presented him with a certificate of appointment. Mr. Gutierrez was not present. B. 14-0481 PRESENTATION OF A PROCLAMATION TO KRISTINE WUNDER, CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR Item B was continued to a future meeting. 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 LITERACY AWARENESS MONTH IN CHULA VISTA Director of Library Waznis and Literacy Volunteer Paula Tschauner provided information regarding the literacy program. Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Director of Library Waznis and Literacy program supporters. Jose Cruz, representing the San Diego Council on Literacy, congratulated the City and supporters on the literacy program. City of Chula Vista Page 1 2014-09-23 Agenda Packet Page 14 City Council Meeting Minutes -Draft September 9,2014 D. 14-0513 PRESENTATION BY DEPUTY FIRE CHIEF JAMES GARCIA, OF EMPLOYEE OF THE MONTH CHRIS SCOTT, EMS COORDINATOR Acting Fire Chief Geering introduced employee of the month, EMS Coordinator Scott. Mayor Cox read the proclamation and Councilmember Ramirez presented it to Mr. Scott. E. 14-0534 PRESENTATION OF TWO BEACON SPOTLIGHT AWARDS RECEIVED FROM THE LEAGUE OF CALIFORNIA CITIES Mayor Cox announced that two Beacon Spotlight Awards had been received: one for the City's energy savings in municipal buildings and one for the San Diego Association of Governments' (SANDAG) Energy Road Map. CONSENT CALENDAR (Items 1 - 12) Item 8 was removed from the Consent Calendar at the request of Deputy Mayor Aguilar and Councilmember Ramirez. 1. 14-0511 APPROVAL OF MINUTES of August 5, 12, and 14, 2014. Recommended Action: 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 Recommended Action: 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) Recommended Action: Council place the ordinance on first reading. 4. 14-0405 RESOLUTION NO. 2014-168 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. City of Chula Vista Page 2 2014-09-23 Agenda Packet Page 15 City Council Meeting Minutes -Draft September 9,2014 5. 14-0426 RESOLUTION NO. 2014-169 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 (I EC) FOR TRAINING CITY STAFF ON REVISING AND EVALUATING THE HYDRAULIC MODEL USED IN THE WASTEWATER MASTER PLAN UPDATE Recommended Action: Council adopt the resolution. 6. 14-0447 RESOLUTION NO. 2014-170 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. 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) Recommended Action: Council place the ordinance on first reading. Item 8 was removed from the Consent Calendar. 9. 14-0492 RESOLUTION NO. 2014-172 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. 10. 14-0507 RESOLUTION NO. 2014-173 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. 11. 14-0508 RESOLUTION NO. 2014-174 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. City of Chula Vista Page 3 2014-09-23 Agenda Packet Page 16 City Council Meeting Minutes -Draft September 9,2014 12. 14-0510 RESOLUTION NO. 2014-175 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: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 8. 14-0474 RESOLUTION NO. 2014-171 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 Councilmember Ramirez stated he would abstain from voting due to a potential property-related conflict of interest. He left the dais during discussion and voting on the item. The following members of the public spoke in support of the item: -Matt Johnson, representing Webcor Builders -Jeff Justus, representing Schmidt Design Group, Inc. Assistant Director of Public Works Quilantan and Building Project Manager Day presented additional information about the project. ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember Salas, that Resolution No. 2014-171 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Abstain: 1 - Ramirez PUBLIC COMMENTS David Danciu, representing Crossroads II, announced an upcoming concert by the Opus Program on September 19, 2014. He also presented a donation to support the Starlight Parade on behalf of Crossroads II. Kathleen Kohler, Chula Vista resident, expressed concern regarding issues related to barking dogs in her neighborhood. City of Chula Vista Page 4 2014-09-23 Agenda Packet Page 17 City Council Meeting Minutes -Draft September 9,2014 PUBLIC HEARINGS 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Cox opened the public hearing. There being no members of the public who wished to speak, Mayor Cox closed the public hearing ACTION: A motion was made by Mayor Cox, seconded by Councilmember 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 14. 14-0494 CONSIDERATION OF A CITY-SPONSORED TECHNICAL CORRECTION AMENDMENT TO GENERAL PLAN ENVIRONMENTAL ELEMENT POLICY E6.4 RESOLUTION NO. 2014-176 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 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. Planning Manager Batchelder spoke regarding 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 Resolution No. 2014-176 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 of Chula Vista Page 5 2014-09-23 Agenda Packet Page 18 City Council Meeting Minutes -Draft 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 NO. 2014-177 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 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. Environmental Services Program Manager France presented information regarding the item. Mayor Cox opened the public hearing. David Danciu, Chula Vista resident, spoke in support of allowing protests to be submitted by email. He also expressed concern regarding the proposed rate increase. There being no other members of the public who wished to speak, Mayor Cox closed the public hearing. City Clerk Norris reported that 26 written protests and one letter in support had been received. ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Bensoussan, that Resolution No. 2014-177 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 Deputy City Manager Bacon spoke regarding the 2015 U.S. World Games Special Olympics and the possibility of Chula Vista participating as a host city. 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 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to ratify the above appointments. 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 2014-09-23 Agenda Packet Page 19 City Council Meeting Minutes -Draft September 9,2014 COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar expressed gratitude to Crossroads 11 for its support of the Starlight Parade and announced that the parade would be held on December 6, 2014. Councilmember Bensoussan thanked the Fire Department for its efforts in fundraising and raising awareness for breast cancer. She announced an immigration forum and health fair that would be held on September 20, 2014. She also announced South County Economic Development Council's annual economic summit, which would be held on October 10, 2014. At the request of Councilmember Salas, there was consensus of the Council to add an item to the next Council agenda to allow her to present highlights from the Chula Vista Train Festival held on September 6, 2014. Mayor Cox congratulated South Bay Community Services on the success of its recent fundraiser. Mayor Cox paid tribute to Judge Manny Kugler and Sam Kusaka. CLOSED SESSION 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. Item 17 was not heard. ADJOURNMENT At 3:36 p.m., Mayor Cox adjourned the meeting 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. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 7 2014-09-23 Agenda Packet Page 20 City of Chula Vista Meeting Minutes - Draft Thursday, September 11, 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 4:05 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 left at 5:30 p.m. ACTION ITEMS 14-0415 INTERVIEWS AND APPOINTMENTS TO FILL THREE VACANCIES ON THE GROWTH MANAGEMENT OVERSIGHT COMMISSION ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, to appoint Raymundo Alatorre to the Northwest Territory Representative seat on the Growth Management Oversight Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, to repost the vacancy for the Southeast Territory Representative seat on the Growth Management Oversight Commission. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox No: 0 Abstain: 0 ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, to appoint Michael Lengyel to the Development Representative seat on the Growth Management Oversight Commission. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, Salas and Cox No: 0 Absent: 1 - Ramirez Abstain: 0 City of Chula Vista Pagel 2014-09-23 Agenda Packet Page 21 City Council Meeting Minutes -Draft September 11,2014 ADJOURNMENT At 5:35 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on September 23, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 2 2014-09-23 Agenda Packet Page 22 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0541, Item#: 2. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 23 File#: 14-0541, Item#: 2. 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 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 24 SECOND READING AND ADOPTION 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 2014-09-23 Agenda Packet Page 25 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. 2014-09-23 Agenda Packet Page 26 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. 2014-09-23 Agenda Packet Page 27 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. 2014-09-23 Agenda Packet Page 28 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. 2014-09-23 Agenda Packet Page 29 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 2014-09-23 Agenda Packet Page 30 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. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-23 Agenda Packet Page 31 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. 2014-09-23 Agenda Packet Page 32 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. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-23 Agenda Packet Page 33 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. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-23 Agenda Packet Page 34 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. 2014-09-23 Agenda Packet Page 35 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 2014-09-23 Agenda Packet Page 36 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: 2014-09-23 Agenda Packet Page 37 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 2014-09-23 Agenda Packet Page 38 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 2014-09-23 Agenda Packet Page 39 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 2014-09-23 Agenda Packet Page 40 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. 2014-09-23 Agenda Packet Page 41 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. 2014-09-23 Agenda Packet Page 42 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. 2014-09-23 Agenda Packet Page 43 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. 2014-09-23 Agenda Packet Page 44 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 2014-09-23 Agenda Packet Page 45 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. 2014-09-23 Agenda Packet Page 46 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. 2014-09-23 Agenda Packet Page 47 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. 2014-09-23 Agenda Packet Page 48 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. ....................................................................................................................................................................................................................................................................................................................................... 2014-09-23 Agenda Packet Page 49 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. 2014-09-23 Agenda Packet Page 50 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 2014-09-23 Agenda Packet Page 51 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. 2014-09-23 Agenda Packet Page 52 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; 2014-09-23 Agenda Packet Page 53 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. 2014-09-23 Agenda Packet Page 54 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 2014-09-23 Agenda Packet Page 55 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0542, Item#: 3. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 56 File#: 14-0542, Item#: 3. 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 9/18/2014 2014-09-23 Agenda Packet Page 57 File#: 14-0542, Item#: 3. 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 9/18/2014 2014-09-23 Agenda Packet Page 58 SECOND READING AND ADOPTION 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 2014-09-23 Agenda Packet Page 59 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 2014-09-23 Agenda Packet Page 60 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0543, Item#: 4. 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 (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. 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 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 City of Chula Vista Page 1 of 3 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 61 File#: 14-0543, Item#: 4. 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. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts associated with the approval of this amendment. City of Chula Vista Page 2 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 62 File#: 14-0543, Item#: 4. 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 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 63 SECOND READING AND ADOPTION 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. 2014-09-23 Agenda Packet Page 64 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." 2014-09-23 Agenda Packet Page 65 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 2014-09-23 Agenda Packet Page 66 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 2014-09-23 Agenda Packet Page 67 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0515, Item#: 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060, NUISANCE (REVISED SECOND READING AND ADOPTION) The first reading of this ordinance was unanimously passed by the City Council on March 5, 2013, which included amending one section of the Chula Vista Municipal Code and removing sections 6.24.050 and 6.24.060. At the second reading and adoption on March 19, 2013, only the amended section was presented and the removal of sections 6.24.050 and 6.24.060 was inadvertently omitted. This revised second reading intends to correct the error. The title of the ordinance has been changed to reflect the amendment and the deletions. RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Following a staff presentation on March 5, 2013, the City Council unanimously approved the first reading of an ordinance streamlining the City's barking dog complaint and enforcement procedures. The update included revising one Municipal Code section and removing two others, no longer needed because of the revision. At the second reading and adoption on March 19, 2013, only the revised Municipal Code section was included in the agenda packet. The two code sections that were to be deleted were not included. As a result of this paperwork error, the revised section was added to the Municipal Code, but the two sections slated for deletion remain in the Code. In the interest of clarity and transparency, the complete original ordinance the Council approved on March 5, 2013 -- revising one section and removing two others - is back before the Council for second reading and adoption. The title of the ordinance has been changed to reflect the amendment and the deletions. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA). 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 the CEQA and no environmental review is necessary. City of Chula Vista Page 1 of 2 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 68 File#: 14-0515, Item#: 5. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Please see the attached March 5, 2013 agenda statement. 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 in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The revised process provides different options to a complaining party that may better aid in resolving a barking dog issue. CURRENT YEAR FISCAL IMPACT None. ONGOING FISCAL IMPACT None. ATTACHMENTS 1 . March 5, 2013 agenda statement 2. Ordinance - redline, strikeout 3. Ordinance Staff Contact: Mariya Anton, Animal Care Facility Administrator, (619) 691-5123, Carol Trujillo Deputy City Attorney, (619)691-5037. City of Chula Vista Page 2 of 2 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 69 smr , CITY COUNCIL AGENDA STATEMENT CITY OF CHULA VISTA March 5, 2013 Item No. /0 ITEM TITLE: CONSIDERATION OF ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS SUBMITTED BY: CHULA VISTA ANIMAL CARE FACILITY ] ,� r REVIEWED BY: CITY MANAGER ASSISTANTIDEP TY CITY MANAGER 4/5THS VOTE: YES ❑ NO BACKGROUND Recently the Animal Care Facility has been receiving a higher volume of barking dog complaints. Often these complaints are lodged numerous times even when staff has cited the owner and undertaken enforcement action against the dog in question. Citizens have voiced their frustrations about the current barking dog complaint process. Both Animal Care Facility staff and patrons have requested that changes be made to the current process. These updates will provide additional options and clearer guidance to a citizen for resolving a barking dog complaint. They will also result in a quicker resolution process with regard to these types of complaints. These updates are based on other, more successful municipal barking dog programs throughout the state and will support the Animal Care Facility staff's ability to provide the best customer service they can on this issue. DISCUSSION Citizens have complained that despite lodging formal complaints with the Animal Care Facility that the barking dog they complained about continues to disturb them. Staff researched other City ordinances and policies and believes that providing different options to a complaining party may better aid in resolving the issue. These options include a City-hosted mediation between all parties, nuisance litigation and a "direct to court" infraction citation for a barking dog. In sum, the updates accomplish the following: ■ They provide a clearer definition of ownership responsibility; 2014-09-23 Agenda Packet 10-1 Page 70 315113, Item No. /0 Page 2 of 3 • They exempt situations where the dog in question is provoked or is barking in response to a person who may be undertaking lawful business on the property; • They provide a specific time parameter for how long the dog must bark before it can be considered a barking dog; • They require specific address and contact information about complainants so staff can better track barking dog complaints and respond directly to the complaining person (previously numerous anonymous complaints were sent to Animal Care which affected staff s ability to address and resolve a barking dog complaint); • They authorize staff with the ability to issue an infraction citation over a barking dog so that all parties have the ability to attend a court hearing and have the matter heard and resolved by a superior court judge; • They provide the option of mediation in city offices if all parties agree which would then hold the enforcement process in abeyance until the mediation is completed; and • They declare a barking dog a nuisance per the code which provides a complaining party with the ability to file a civil lawsuit with regard to the-complaint. The updates were made over a period of months as staff spent time researching, reviewing and discussing with other agencies their policies, ordinances and enforcement processes involving barking dog complaints. Staff updated the section by taking excerpts from these more successful ordinances and inserting them where appropriate into the code. These updates will better obtain compliance, improve enforcement efforts, and save staff time and resources as well as resolving the complaints in a more efficient and productive manner. 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 the CEQA. Thus, no environmental review is necessary. RECOMMENDATIONS Council adopt the ordinance revisions. BOARDS/COMMISSION RECOMMENDATION NIA. 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. 2014-09-23 Agenda Packet 10-2 Page 71 315113, Item No. IQ Page 3 of 3 FISCAL IMPACT None anticipated. If anything, less staff time will be used in responding to barking dog questions and complaints now that the process is better detailed in the code. If mediation is requested, however,this could result in additional work for staff. ATTACHMENTS Ordinance. 2014-09-23 Agenda Packet 1 6—3 Page 72 ORDINANCE NO. ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS WHEREAS, the City Council finds and declares that barking dogs are a private nuisance in that they can frequently disturb a person's interest in the use and enjoyment of his land and their quality of life; and WHEREAS, the City Council finds and declares that incessant dog barking can disturb neighbors to the point that the dog's barking needs to be addressed through issuing an infraction citation that requires attendance in superior court; WHEREAS, Animal Care Facility staff has received numerous- complaints of barking dogs despite undertaking the enforcement process as detailed by the current code; WHEREAS, Animal Care Facility staff spends a lot of its time in addressing barking dog complaints without much if any tangible results; WHEREAS, the current barking dog ordinance does not do enough to resolve barking dog complaints nor does it provide a complaining party with additional options other than continuing to complain about the dog; WHEREAS, the barking dog Municipal Code provisions need to be updated in response to citizen and staff concerns about the barking dog complaint and resolution process; and WHEREAS, the code updates will better obtain compliance, improve enforcement efforts, and will save staff time and resources as well as resolving the complaints in a more efficient and productive manner. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 6.24.040 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 6.24.040 Barking Ddogs Enforcement Procedure &Nuisance. A. Definitions 1. "Barkinz dog"means any dog that barks. bays, cries. howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an 2014-09-23 Agenda Packet 10-4 Page 73 Ordinance No. Page 2 extended period of time to the disturbance of any person at any time of day or night, re,2ardless of whether the dog is physically situated in or upon private property_. a. A dog shall not be deemed a"barking dog' for purposes of these provisions if, at M time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon where the dog is situated or when the dog is being teased or provoked, or when the dog is reacting to a proj2erty owner's invitee or by a person attemptinp,to conduct lawful business at the pro-pp . b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or ayricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to city or county codes. 2 "Extended period of time" shall consist of incessant barks, bays, cries. howls, or other noise for sixty (60) minutes or more uninterrupted in any 24-hour-period. 3 "Uninterrupted" shall mean barking may not stop for five (5) minutes or more during the sixty (60) minutes. 4. A"Responsible Person" is defined as any one of the following: 1. A person who allows a barking dog violation to exist, whether through willful action failure to act, or failure to exercise proper control over a barking dog. 2. A person whose agent, employee. or independent contractor allows a barking doz violation to exist,,whether through willful action failure to act, or failure to exercise proper control over a barking do 3 A person who is the owner of and a person who is a lessee or sublessee with the current right of possession of, real property in or upon where a barking dog violation occurs. 4. A person who possesses, has title to or an interest in harbors or has control custody or possession of a barkin do v,. 5. "Chula Vista Animal Care Facility'' ("CVACF") is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Managers and are therefore authorized to utilize the procedures for code compliance and enforcement contained in CVMC_Chapters 1.20 and 1.41. B Initial Barking Dog Complaints. The initial complaints about a barking do are re to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections C and D below. 1. A Chula Vista resident lodes a barking dog complaint form with the Chula Vista Animal Care Facility ("CVACF"). The complaint must state: 1 the home address email address and contact information for the complaining party; 2014-09-23 Agenda Packet 10-5 Page 74 Ordinance No. Page 3 21 the address location of the barking dog, and 3) specifics of when and for how long the barking doa barks, bays cries or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula Vista Animal Care Facility at 130 Beyer War. Chula Vista CA 91911. 2. In response to the above complaint. CVACF will make an attempt to contact the responsible owner, via phone or by writing,to notify them of the complaint The responsible owner will be given 10 days to resolve the situation. 3. The complainant can lodge a second complaint, with the same information required-by subsection A above, 15 days ftom the initial complaint should the do continue to bark. 4 In responseto the second complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection C or D below. 5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal- Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolutionn of the reported problem. C. Barking Dog Infraction Citation—Gener-al. Airy A Chula Vista Animal Control Officer enf ent has the authority to issue a -citation to any responsible person for a barking dog as defined herein ialation-that the enforcement officer did not see or hear occur based on a-complaints, signed under penalty of perjury, lodged by two members of the community the "com lainants" who have been disturbed b the barkin dog and who reside in Chula Vista at separate addresses within one-hundred (100) feet of the property boundary line where the barking dog is maintained who have bft ''stwb°d by the badEiag deg. A r-espensible per-sefi to whom a eivil eitation is issued shall be liab! for-aHd shall pay to the City the fine Of-fiflic-S 4--er-ibed in the bafk4ng de,-:, mine ehiid's oitation fines and/or-late penallies. in any ease, the responsible per-son(e One of the complainants must have lodged two complaints against the barking rdog_pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury,shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing. D. Barking Dog Administrative Citation. A Chula. Vista Animal Care Officer has the authority to issue an administrative citation to'any responsible person for a barking dog as 2014-09-23 Agenda Packet 10-6 Page 75 Ordinance No. Page 4 defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, Iodized by two members of the community_�the "complainants") who have been disturbed by the barking_dog_and who reside in Chula Vista at separate addresses within one-hundred (100) feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjuj:y, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative a_ppeal hearing if the responsible party lodges a timely administrative appeal. E. Option of Mediation. Citations under subsections C or D above will not be issued, or will be held in abeyance in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option._ The Ci will attempt to provide mediation at no cost to the requesting arties but if it is unable to the requesting,parties will agree to fund it in equal, pro-rata shares between themselves. F Barking Dog Nuisance (Private). Any barking dog that satisfies the definition of subsection A above is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings in support of his or her nuisance lawsuit._ Cif officers and records mqy be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof. G These provisions are the sum-total of CVACl~'s involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barkiny alone. b zespensible pew-son" is defined as any of the f llewing-. b exist, failur-e to art, or- failure to e�Eer-eise proper-oonAr-el Over-a barking b. agent,2. A per-son whose employee, > failure to aet, 3. k per-soij w-hE) is the owner- of-, a-ad a pefsen whe is a lessee or- sublessee with ih-e b dog vielatie $Eeur-Sr. 2014-09-23 Agenda Packet 10-7 Page 76 Ordinance No. Page 5 Chula Vista ABimal Care feeefyffnends l4a4 neighbors make an Atempt to feselve the pf:eblefn m,44 the neisanee afliffial ` a }er r ecpvuJ}h}e t °asvi pxxvr to filing u , Chu4a Vista r-esalution „f the reported able,,, Animal Care-FaEi23t at 1 Zn Beyer-Way, Chula Vista, CA, 91 hand aol;.,+. +he .m..la+e l rr� +. Chula Z7:�4n Ar:.,,�1 Care ilia- �,� s Zpleled}V}}}} aV Chula.a Vista[uu}}}ax} Ca.ale 1 a.aeilit . B. entire :1 eitat;r.a-a p .. faf., barking d .. . pl.,i,,t r edur-e ; n folio r• , e �yV}i}�}au}}a tJiv vyu u}a. }J uJ LV}}v 2. The Y-espensible per-sen is given 10 days to r-esojw the situation. if thesituatie-B-st-i-H renter at (619) 476 476 if GV A CT.' is nn4 eentnrtvc.wit 1i1 U S�LLJen i1V1 1°t;�,•,o l..r. L1S L1{. LLLJ n ., tv„l Of fieer shall initiate the issuance of'a v,l n,tatien 3- The p:wTese of issuing ° eivil eitAien is to °r...our-age i'.uliar-y and eempl@4e 7-.° f+ Ref tl.° .,+ir ni The � ;1 eitan ie „le! at the Cites _ rlyv vi a....r}} vLaual vaa}J Jv} ua aL}v ..aaJ ., e an Animal Gentr-el Offi shall respond to the ee pl.,:,•,apA's r sidetiee °3Ia.LL IILL. S. Before a eiia�ioe will be issued, the eaWlainamt is r-eqt4r-ed to sign An -Aff-Ifild-avit lLmdef defiled by the definifieti of'n hn,-L;n ' 6. The eeffTlainarit sha4l be advised of the neeessity of attending the admif4stffftiv 44L-Q, seh-eduled hea-r-ing,t4he eitafien shall be dismissed in fi-w-AF of the responsible pefson, 2014-09-23 Agenda Packet 10-8 Page 77 Ordinance No. Page 6 paying the fine and abating,the nuisanee or- eentesting the eil-I.— -1 -Elministfalive- centfel O ffieer en scene. 9. After-there has been ne eefltaet made v4th the r-espensible pefsen, the Animal Central 9. T-ke r-espensible per-son must pay the fine �A4thin 15 days or ean4est the eitatiOn at b' if-the responsible pefsefi does not appear-at the administrative. This eiN,il ,.;t„+;.,., p oa„r° enl plies to the r ° (4,.-.long) „f., dog in,-a 322-6-§ maintaified, aft any premises owned, oecupied, of eeR4-elled by any person, of any e.9i f this seetion; provided, 1,.,we that nothing „taine.l heroin. rh.,ll 4,0 b of animals or-fe�, is permitted. The destizuetion by an animal of pfopef4y-AtIfl-ef th—AR .0 2 1 060 Tel,,;.,. .e A, No per-sen shall > > either- willfuh), or-thi-ough failure to eentf 1 en any jet,par-eel of land, r-. rte,,,;�o� , ,.1°,-his ..ontf„1 any ani-m-al 4ili .l, by satin of eff shall distufb the e-Ape-pe -And- P--R-m---f4-4-#- eelf-thea inhabbitam-8 B. The p s for the nuisanee eemplaitit p .&we is as F ll.,,,,s. eemplaint fefm. if the v 2014-09-23 Agenda Packet 10-9 Page 78 Ordinance No. Page 7 the owner of the eemplaint is sen; 2. if after- 10 days the n-i-i i siffin-e-A- vi elati on eefitin�ue s, the e ainplaiffai4 mus t f-4-4-,-Q--A Q, days ef the initial eamplaint,4he file will be p�ffged, Upon seeend eamplaint, the de ev.%ef is given 14 days to ifees-elve,the vielfftien. 3. if the situation still exists after-the 14 da�,pefied, the eemplainan!fmist file a thi-F 9 the eemplain ] 7 is (final wafning) to the niai.— -4 e�vtief. After-!his netiee is hand delivered!a th n. or by an An,—maI Gentra1 Off iee. the . o is givef 1 9 C rdays to . Red),the;R�is—an-nc T 6. Once a4l i tiers is feeL'1ved,-Feviewed and deemed eemplete, CV A!`L' will fbfwar-d it le the Gity Altemey with a request for- a er-iminal eemplaint' Theae-4-ion taken by the Gi�y A-Rer-ney will be base4 upon the inferfflafie that is supp--- 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, 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. I Section IV. Effective Date 2014-09-23 Agenda Packet 10-10 Page 79 Ordinance No. Page 8 This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: Chance Hawkins Glen R. Googins Deputy City Attorney City Attorney I 2014-09-23 Agenda Packet 10-11 Page 80 ORDINANCE NO. ORDINANCE AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS WHEREAS, the City Council finds and declares that barking dogs are a private nuisance in that they can frequently disturb a person's interest in the use and enjoyment of his land and their quality of life; and WHEREAS, the City Council finds and declares that incessant dog barking can disturb neighbors to the point that the dog's barking needs to be addressed through issuing an infraction citation that requires attendance in superior court; WHEREAS, Animal Care Facility staff has received numerous complaints of barking dogs despite undertaking the enforcement process as detailed by the current code; WHEREAS, Animal Care Facility staff spends a lot of its time in addressing barking dog complaints without much if any tangible results; WHEREAS, the current barking dog ordinance does not do enough to resolve barking dog complaints nor does it provide a complaining party with additional options other than continuing to complain about the dog; WHEREAS, the barking dog Municipal Code provisions need to be updated in response to citizen and staff concerns about the barking dog complaint and resolution process; and WHEREAS, the code updates will better obtain compliance, improve enforcement efforts, and will save staff time and resources as well as resolving the complaints in a more efficient and productive manner. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section 1. That Section 6.24.040 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 6.24.040 Barking Dogs, Enforcement Procedure &Nuisance. A. Definitions 1. "Barking dog" means any dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. 2014-09-23 Agenda Packet 10-12 Page 81 Ordinance No. Page 2 a. A dog shall not be deemed a"barking dog" for purposes of these provisions if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon where the dog is situated, or when the dog is being teased or provoked, or when the dog is reacting to a property owner's invitee or by a person attempting to conduct lawful business at the property. b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to city or county codes. 2. "Extended period of time" shall consist of incessant barks, bays, cries, howls, or other noise for sixty (60) minutes or more uninterrupted in any 24-hour period. 3. "Uninterrupted" shall mean barking may not stop for five (5) minutes or more during the sixty (60) minutes. 4. A "Responsible Person" is defined as any one of the following: I. A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 2. A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 3. A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon where a barking dog violation occurs. 4. A person who possesses, has title to or an interest in, harbors or has control, custody or possession of a barking dog. 5. "Chula Vista Animal Care Facility" ("CVACF") is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Managers and are therefore authorized to utilize the procedures for code compliance and enforcement contained in CVMC Chapters 1.20 and 1.41. B. Initial Barking Dog Complaints. The initial complaints about a barking dog are to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections C and D below. I. A Chula Vista resident lodges a barking dog complaint form with the Chula Vista Animal Care Facility ("CVACF"). The complaint must state: 1) the home address, email address and contact information for the complaining party; 2) the address location of the barking dog; and 3) specifics of when and for how long the barking dog barks, bays, cries, or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA, 91911. 2014-09-23 Agenda Packet 10-13 Page 82 Ordinance No. Page 3 2. In response to the above complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the complaint. The responsible owner will be given 10 days to resolve the situation. 3.1 The complainant can lodge a second complaint, with the same information required by subsection A above, 15 days from the initial complaint should the dog continue to bark. 4. In response to the second complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection C or D below. 5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal. Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported problem. C. Barking Dog Infraction Citation. A Chula Vista Animal Control Officer has the authority to issue a citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the "complainants") who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within one- hundred (100) feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing. . D. Barking Dog Administrative Citation. A Chula Vista Animal Care Officer has the authority to issue an administrative citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the "complainants") who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within one-hundred (100) feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative appeal hearing if the responsible party lodges a timely administrative appeal. E. Option of Mediation. Citations under subsections C or D above will not be issued, or will be held in abeyance, in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option. The City will attempt to provide mediation at 2014-09-23 Agenda Packet 10-14 Page 83 Ordinance No. Page 4 no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in equal, pro-rata shares between themselves. F. Barking Dog Nuisance (Private). Any barking dog that satisfies the definition of subsection A above is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San.Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings, in support of his or her nuisance lawsuit. City officers and records may be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof. G. These provisions are the sum-total of CVACF's involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barking alone. 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, 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 pbsted according to law. Presented By: Approved as to form by: Chance Hawkins Glen R. d6ogins Deputy City Attorney City Attorney 2014-09-23 Agenda Packet 1 0-1 5 Page 84 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060,NUISANCE. WHEREAS, the City Council finds and declares that barking dogs are a private nuisance in that they can frequently disturb a person's interest in the use and enjoyment of his land and their quality of life; and WHEREAS, the City Council finds and declares that incessant dog barking can disturb neighbors to the point that the dog's barking needs to be addressed through issuing an infraction citation that requires attendance in superior court; and WHEREAS, Animal Care Facility staff has received numerous complaints of barking dogs despite undertaking the enforcement process as detailed by the current code; and WHEREAS, Animal Care Facility staff spends a lot of its time in addressing barking dog complaints without much if any tangible results; and WHEREAS, the current barking dog ordinance does not do enough to resolve barking dog complaints nor does it provide a complaining party with additional options other than continuing to complain about the dog; and WHEREAS, the barking dog Municipal Code provisions need to be updated in response to citizen and staff concerns about the barking dog complaint and resolution process; and WHEREAS, the code updates will better obtain compliance, improve enforcement efforts, and will save staff time and resources as well as resolving the complaints in a more efficient and productive manner. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L That Section 6.24.040 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 6.24.040 Barking Ddogs, Enforcement Procedure &Nuisance. A. Definitions I\A ttomey\Carol Trujillo\Animals\Barking dogs\6.24.040 Do Over 9-23-14\Attachment 2-ordinance-amended 6.24.040.doc 2014-09-23 Agenda Packet Page 85 Ordinance Page 2 1. `Barking dog" means any dog that barks, bays, cries, howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. a. A dog shall not be deemed a"barking dog" for purposes of these provisions if at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon where the dog is situated, or when the dog is being teased or provoked, or when the dog is reacting to a property owner's invitee or by a person attempting to conduct lawful business at the property. b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to ci, or county codes. 2. "Extended period of time" shall consist of incessant barks, bays, cries, howls, or other noise for sixty (60)minutes or more uninterrupted in any 24-hour period. 3. "Uninterrupted" shall mean barking may not stop for five (5) minutes or more during the sixty (60) minutes. 4. A "Responsible Person" is defined as any one of the following: 1. A person who allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 2. A person whose agent, employee, or independent contractor allows a barking dog violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 3. A person who is the owner of and a person who is a lessee or sublessee with the current right of possession of real property in or upon where a barking dog violation occurs. 4. A person who possesses, has title to or an interest in, harbors or bas control, custody or possession of a barking dog. 5. "Chula Vista Animal Care Facility" ("CVACF") is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Managers and are therefore authorized to utilize the procedures for code compliance and enforcement contained in CVMC Chapters 1.20 and 1.41. B. Initial Barking Dog Complaints. The initial complaints about a barking dog are to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections C and D below. 1. A Chula. Vista resident lodges a barking dog complaint form with the Chula Vista Animal Care Facility ("CVACF"). The complaint must state: 1) the home address, email address and contact information for the complaining party; 2)the address location of the barking dog, and 3) specifics of when and for how long the barking dog barks, bays, 2014-09-23 Agenda Packet Page 86 Ordinance Page 3 cries, or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula. Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA, 91911. 2. In response to the above complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the complaint. The responsible owner will be given 10 days to resolve the situation. 3. The complainant can lodge a second complaint, with the same information required by subsection A above, 15 days from the initial complaint should the dog continue to bark. 4. In response to the second complaint, CVACF will make an attempt to contact the responsible owner, via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection C or D below. 5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal. Chula. Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported problem. C. Barking Dog Infraction Citation. Oewfat A Chula Vista Animal Control Officer has the authority to issue a eiA citation to any responsible person for a barking dog as defined herein �ielatien that the enforcement officer did not see or hear occur based on a complaints, signed under penalty of perjury, lodged by two members of the community (the "complainants") who have been disturbed by the barking dog and who reside in Chula. Vista at separate addresses within one-hundred (100) feet of the property boundary line where the barking dog is maintained. by toe bafking dog " ry 4l—e , g4all too fig* to appeal 44@ ;ss ep, of 4 a „ te ��o r n s€ctieir One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing. D. Barking Dog Administrative Citation. A Chula Vista Animal Care Officer has the authority to issue an administrative citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the "complainants") who 2014-09-23 Agenda Packet Page 87 Ordinance Page 4 have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within one-hundred (100)feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative appeal hearing if the responsible party lodges a timely administrative appeal. E. Option of Mediation. Citations under subsections C or D above will not be issued, or will be held in abeyance, in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option. The City will attempt to provide mediation at no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in equal, pro-rata shares between themselves. F. Barking Dog Nuisance (Private). Any barking dog that satisfies the definition of subsection A above is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings, in support of his or her nuisance lawsuit. City officers and records may be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof. G. These provisions are the sum-total of CVACF's involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barking alone. a- 7 Thee-e l,o 4RA �rsen r-eespenSiblo� bagii g deg X491 ti6r. A` 'spq 4I@ per-SO4' is -as -aff 0140 oft4e fe4owiogi . A per-sonn &A,s ate, L;, dog to e, _ist, ,A4 et ef: 4woffo 'A4pal—ue�oo, _44_=e-to -aeu+ ^"f Owe to exeFe4se p:oiler coaH�61i b" g. s. A per-soo A44ose-age+4, employee,eof:�-A€peodeorc0at4:_AElA_4_: 116 S-a ba4iipg ^vg 2014-09-23 Agenda Packet Page 88 Ordinance Page 5 p1°t°4 444:m tom, /''1,,,1., Vista A„;ma l C-,A4 g.,.444 eomp1.,;„t �4RA, to G-1z-vTrc-�Wn3 cOMPIR44 4scSbeeR PFOGeSJ E af,c c to 4elp feS644e 440-- Si-44—m6oin- ee4ef: 1 n 76 at c�zr ;6 24;6 If I-17 A G-FL ;ffis m-R-ot "tee&S6iicblc csnc-(as lei e>1leE by C 7 n r> pftLp, ; 9 ,; C�i�tei=-61eeSp 4 eomplftipA ,A cr-^vi"i1�61r�m6er ��1 re�le�iS6e-6�-irC�TO4fC�tri6i� , toe G t„ 4aS tom, -Add, ba4E;„ ElOg N481-A68+818. .. If t4eeBMpla4la+4 FegWS8lq tOlh-ANczreiTO Cz-A60r- iSSWE " 1 C-P;R#P1 040-eF Sb,.,ll ,,.1 to 44° ��s4tAt-io„ ,41 Steed tie plat aPA ,.eq+4e4 to .,gia e4; � �zArl inrrc^vat 6lr�mcer l e i-a4elpt to eopaiet esporn vle perS6rr The e44i&R. Tke;"minrI ^vatl 604ieer t4e f:espoo vle per-soa vrmevgtiomn o 4effi+t T64° ,-°SPvrn vle perS6irMcr` Opt=lr9 pay zi'ic-fRe 4FAii°cc'1iatrelyt6 +z-h-0-0 nn� 094rcer- fflay PO4 t4e rc4m-ipmo 444- -A evenspircuous pl-Arve, P-4-4-44-to Fe'sponsible Per-son's Pr-opef:of, n U-- ;l.l st toe 1 tl,° .,t tZnc �—znczcS�viziivic�ei'S6" "" 41A,444-4p- r "S-0r-evat�cS� 64,41 64atiOR Pf:Oe°,1,,,-° Off' , ., pWS t6 t macue (ba4i4lg4--6f a El6 . (QFE1r�226 §1, .2n 2014-09-23 Agenda Packet Page 89 Ordinance Page 6 that the lat-io-,, of G-1,4- 6.24.0-10(14) .,* !Tl ti n ti n'7n .1 4.24.1-0-0- .1; tl,° .'L4��A�'L4 �t� s - e6eupied,,-epee °a a+iy pef'se„ of a+iy ,1 �4A ,A ; 4, by fFeq+e+4 ^ i44 the-, 44-4444y 8444 60+184wotea, A 4,4platip;p of this ap of-a ;l ol-Ar36m-n of�rrsectrioo. (Qf:dr 226 § 1, 2012; .a 1'706 P 1 19'7ti��n 4 6.24.n�). ti 74 060 RT„ n444e p f:^v6csfrf-^ +v"r-mc FA6°P-d-I'a"c—"--A S AIIA4AFS p1., 4 e8 411° a—e '11vsF11 be P+Wg d.vPOR Se@O+l1 @O ,•1a44 4W dOg „ f: 4s gweo 14 r1ays to 4:cS61" t--hp,o°c- =Pivi&ti6iR. T1„s plei @4 4wti4; jA44eo ze-,�w ed to 93,L g-F;', is 1rA�1c^vviarl„+ +crrc-mc?mtsfy of the le 0.'Aiief: jS gice+j 15 a-YS-t6ieme 4 toe „ „Ee 16a ti6i 2014-09-23 Agenda Packet Page 90 Ordinance Page 7 eq+wlete & paeke P- it- te G 6. n,,,.o .,n t F@ G@ ,oa ��o.t.oa ra do-'004-4-4-00d ,,,,,iot$, G47-4-G-F, t.;i � ��t6 2n Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Mariya Anton Glen R. Googins Animal Care Facility Administrator City Attorney 2014-09-23 Agenda Packet Page 91 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 6.24.040 (BARKING DOGS) TO BETTER ADDRESS AND MORE EFFICIENTLY RESOLVE THE BARKING DOG COMPLAINT AND ENFORCEMENT PROCESS, REMOVING SECTION 6.24.050, DISTURBING THE PEACE PROHIBITED, AND REMOVING SECTION 6.24.060,NUISANCE. WHEREAS, the City Council finds and declares that barking dogs are a private nuisance in that they can frequently disturb a person's interest in the use and enjoyment of his land and their quality of life; and WHEREAS, the City Council finds and declares that incessant dog barking can disturb neighbors to the point that the dog's barking needs to be addressed through issuing an infraction citation that requires attendance in superior court; and WHEREAS, Animal Care Facility staff has received numerous complaints of barking dogs despite undertaking the enforcement process as detailed by the current code; and WHEREAS, Animal Care Facility staff spends a lot of its time in addressing barking dog complaints without much if any tangible results; and WHEREAS, the current barking dog ordinance does not do enough to resolve barking dog complaints nor does it provide a complaining party with additional options other than continuing to complain about the dog; and WHEREAS, the barking dog Municipal Code provisions need to be updated in response to citizen and staff concerns about the barking dog complaint and resolution process; and WHEREAS, the code updates will better obtain compliance, improve enforcement efforts, and will save staff time and resources as well as resolving the complaints in a more efficient and productive manner. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section L That Section 6.24.040 of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follows: 6.24.040 Barking Dogs, Enforcement Procedure &Nuisance. A. Definitions C:\Users\GRANIC—l\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@E0059F24\@BCL@E0059F24.doc 2014-09-23 Agenda Packet Page 92 Ordinance Page 2 1. `Barking dog"means any dog that barks, bays, cries,howls or makes any noise audible beyond the boundaries of the property on which the dog is situated for an extended period of time to the disturbance of any person at any time of day or night,regardless of whether the dog is physically situated in or upon private property. a. A dog shall not be deemed a"barking dog" for purposes of these provisions if, at any time the dog is barking, a person is trespassing or threatening to trespass upon private property in or upon where the dog is situated, or when the dog is being teased or provoked, or when the dog is reacting to a property owner's invitee or by a person attempting to conduct lawful business at the property. b. Nothing contained herein shall be construed to apply to reasonable noises emanating from legally operated dog and cat hospitals, humane societies, shelters, farm and/or agricultural facilities, or areas where the keeping of animals or fowl is permitted pursuant to city or county codes. 2. "Extended period of time" shall consist of incessant barks, bays, cries, howls, or other noise for sixty (60)minutes or more uninterrupted in any 24-hour period. 3. "Uninterrupted" shall mean barking may not stop for five (5) minutes or more during the sixty (60)minutes. 4. A"Responsible Person" is defined as any one of the following: I. A person who allows a barking dog violation to exist,whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 2. A person whose agent, employee, or independent contractor allows a barking dog violation to exist,whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 3. A person who is the owner of, and a person who is a lessee or sublessee with the current right of possession of, real property in or upon where a barking dog violation occurs. 4. A person who possesses,has title to or an interest in, harbors or has control, custody or possession of a barking dog. 5. "Chula Vista Animal Care Facility" ("CVACF") is the City department responsible for animal control and management. CVACF, and its Officers, are acting under the authority of the CVACF and City Managers and are therefore authorized to utilize the procedures for code compliance and enforcement contained in CVMC Chapters 1.20 and 1.41. B. Initial Barking Dog Complaints. The initial complaints about a barking dog are to be processed as detailed below. These steps must be undertaken prior to any barking dog citation issuance pursuant to subsections C and D below. 1. A Chula Vista resident lodges a barking dog complaint form with the Chula Vista Animal Care Facility ("CVACF"). The complaint must state: 1) the home address, email address and contact information for the complaining party; 2) the address location of the barking dog; and 3) specifics of when and for how long the barking dog barks, bays, 2014-09-23 Agenda Packet Page 93 Ordinance Page 3 cries, or howls. CVACF will not process a complaint without the above-listed information. The complainant must complete the complaint form in its entirety and mail or deliver it to the Chula Vista Animal Care Facility at 130 Beyer Way, Chula Vista, CA, 91911. 2. In response to the above complaint, CVACF will make an attempt to contact the responsible owner,via phone or by writing, to notify them of the complaint. The responsible owner will be given 10 days to resolve the situation. 3. The complainant can lodge a second complaint,with the same information required by subsection A above, 15 days from the initial complaint should the dog continue to bark. 4. In response to the second complaint, CVACF will make an attempt to contact the responsible owner,via phone or by writing, to notify them of the second complaint and to let them know the next step could be issuing a barking dog citation pursuant to subsection C or D below. 5. After two complaints have been lodged CVACF will not process barking dog complaints against this specific animal. Chula Vista Animal Care recommends that neighbors make an attempt to resolve the problem with the responsible person prior to filing a formal complaint. Sometimes the responsible person is unaware of the noise and grateful for the opportunity to address the issue. If a formal complaint is submitted, CVACF will assist in an effort to help in the resolution of the reported problem. C. Barking Dog Infraction Citation. A Chula Vista Animal Control Officer has the authority to issue a citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the "complainants")who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within one- hundred(100) feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued as an infraction and will not be issued unless the complainants sign a written promise to appear at the court hearing. D. Barking Dog Administrative Citation. A Chula Vista Animal Care Officer has the authority to issue an administrative citation to any responsible person for a barking dog as defined herein that the enforcement officer did not see or hear occur based on complaints, signed under penalty of perjury, lodged by two members of the community (the"complainants")who have been disturbed by the barking dog and who reside in Chula Vista at separate addresses within one-hundred(100) feet of the property boundary line where the barking dog is maintained. One of the complainants must have lodged two complaints against the barking dog pursuant to subsection B above. Complainants' complaints, signed under penalty of perjury, shall be prima facie evidence of a violation of this section. This citation will be issued administratively and will not be issued unless the complainants sign a written promise to appear at the administrative appeal hearing if the responsible party lodges a timely administrative appeal. 2014-09-23 Agenda Packet Page 94 Ordinance Page 4 E. Option of Mediation. Citations under subsections C or D above will not be issued, or will be held in abeyance, in the event that the complainants and the responsible party agree in writing to mediation. The City will provide its offices for this mediation. Mediation needs to be completed within 30 days of selecting this option. The City will attempt to provide mediation at no cost to the requesting parties but if it is unable to the requesting parties will agree to fund it in equal, pro-rata shares between themselves. F. Barking Dog Nuisance (Private). Any barking dog that satisfies the definition of subsection A above is hereby declared to be a private nuisance that permits a Chula Vista citizen to file a civil lawsuit in San Diego County Superior Court against the responsible party. The filing party is encouraged to obtain as much evidence as possible, including but not limited to audio recordings, in support of his or her nuisance lawsuit. City officers and records may be subpoenaed in response to a lawsuit of this nature but the City will obtain reimbursement for the costs thereof. G. These provisions are the sum-total of CVACF's involvement with barking dog complaints and citations. CVACF will not confiscate dogs for barking alone. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by 2014-09-23 Agenda Packet Page 95 Ordinance Page 5 Mariya Anton Glen R. Googins Animal Care Facility Administrator City Attorney 2014-09-23 Agenda Packet Page 96 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0501, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF LA MEDIA ROAD AND OTAY VALLEY ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY This Joint Use Agreement is for the colocation of water facilities owned by the City of San Diego within future segments of La Media Road and Otay Valley Road within Otay Ranch Village 8 West. The agreement outlines each party's responsibilities and obligations for the public right of way that is being used jointly for streets, landscaping, the City of San Diego's water facilities, sewer, storm drains, and other utilities authorized under the City of Chula Vista's franchise agreements. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approval of a Joint Use Agreement between the City of San Diego and the City of Chula Vista that defines the responsibilities and obligations for use of an easement is not a "Project" as defined under Section 15378 (b)(2) of the State CEQA Guidelines because approval of the agreement is a continuing administration activity; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary BOARD/COMMISSION RECOMMENDATION Not applicable DISCUSSION On November 14, 2013, with the adoption of Resolution 2013-271, the City Council approved the Tentative Subdivision Map for Otay Ranch Village 8 West subject to the condition that the developer, Otay Land, LLC, relocate the existing City of San Diego aqueducts within future segments of La Media Road and Otay Valley Road (see Attachment 1). Otay Land has entered into an agreement with the City of San Diego to perform the actual relocation of water facilities which are generally described as 7,644 feet of 48" diameter steel pipe and 4,571 feet of 54" diameter steel pipe within future La Media Road and Otay Valley Road right of way, all within Otay Ranch Village 8 West. The facilities are described in greater detail on the City of San Diego drawing number 37708. City of Chula Vista Page 1 of 2 Printed on 9/18/2014 powered by Leg 2014-09-23 Agenda Packet Page 97 File#: 14-0501, Item#: 6. The intent of this joint use agreement is to set forth the rights and obligations for the City of Chula Vista and the City of San Diego in the construction, operation and maintenance of their respective facilities within the Joint Use Area. The joint use agreement calls for the continued operation of each municipality's respective facilities and states that neither municipality has prior rights. The agreement becomes effective the earlier of (1) the City of Chula Vista's acceptance of La Media Road and Otay Valley Road right of way or (2) upon the City of Chula Vista's grant of easements to the City of San Diego for the joint use area. 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 This project supports the City's Strategic Plan goals. The Economic Vitality is supported by generating new property taxes. The Healthy Community is supported by walkable community design. The Strong and Secure Neighborhoods goal is supported by sustainable infrastructure as detailed in the Village 8 West SPA plan. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact cost. All cost for relocating the pipeline will be provided by Otay Land. ONGOING FISCAL IMPACT After completion of the project, maintenance costs will be embedded in the various asset management elements of the respective facilities (i.e. pavement, storm drain, sewer and open space district maintenance of landscaping). STAFF CONTACT For any questions regarding this agreement, please contact Jamal Naji, Associate Civil Engineer, at (619)409-5921, or at email addressjnaji @chulavistaca.gov. ATTACHMENTS Attachment No. 1: Location Map Attachment No. 2: Joint Use Agreement between the City of San Diego and the City of Chula Vista City of Chula Vista Page 2 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 98 JOINT USE AGREEMENT VICINITY MAP FOR OTAY PIPELINES WITHIN OTAY RANCH, VILLAGE 8 WEST CHULA VISTA TRACT NO. 09-N CITY OF CHULA VISTA, CALIFORNIA N NEB\F S S �E Cnn �0 D � CI TY OF a�CHULA VISTA D L SANTA LUNAR �0 E• 'M EXISTING RESERVOIR 9� EXISTING PIPELINE i R!D Q ; PROPOSED PIPELINE VICINITY MAP NOT TO SCALE 2014-09-23 Agenda Packet Page 99 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 COUi- CIL On R. Googins City Attorney Dated: e--/ IV JOINT USE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO FOR COLOCATION OF A CITY OF SAN DIEGO WATERLINE 2014-09-23 Agenda Packet Page 100 Recording Requested by and When Recorded Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Above Space for Recorder's Use Only JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO This JOINT USE AGREEMENT ("Agreement") is made this day of , 2014, by and between the CITY OF CHULA VISTA, a municipal corporation ("CV"), and THE CITY OF SAN DIEGO, a municipal corporation ("SD") (known together as the "Parties") and is made with reference to the following facts: RECITALS A. WHEREAS, SD is engaged in the activity of conveying water to the environs of City of San Diego, State of California; B. WHEREAS, certain water conveyance facilities owned by SD are located within CV, and on occasion, development within CV may be in conflict with SD's water transportation facilities ("SD Water Facilities"); C. WHEREAS, Otay Land, LLC (OLC), a developer of a certain real property within CV, commonly known as Otay Ranch Village 8 West (V8W) and Village 9 (V9), wishes to amend the V8W and V9 development plans ("Plan Amendment"); D. WHEREAS, the Plan Amendment is in conflict with certain water transportation facilities owned and operated by San Diego, namely Otay 2nd pipeline, Otay 3rd pipeline, and South San Diego Pipelines I and 2. ("Otay Pipelines"); E. WHEREAS, as a condition of the approval of OLC's Plan Amendment and a tentative map, OLC shall be required to relocate Otay Pipelines into an area described in Exhibit "A" and shown on Exhibit "B" for V8W and described on Exhibit "C" and shown on Exhibit "D" for V9 attached hereto, which exhibits are incorporated herein by this reference. The areas described on Exhibits are hereinafter referred to as "Joint Use Area"; F. WHEREAS, SD is willing to allow the relocation of Otay Pipelines into the Joint Use Area and will thereafter operate and maintain facilities for such purpose located in, under and Joint Use Agreement 1 2014-09-23 Agenda Packet Page 101 across that certain right-of-way dedicated to CV by OLC as La Media Road and Otay Valley Road on property located in San Diego County, California; G. WHEREAS, CV desires to construct, operate and maintain a future regional public transportation facility and related improvements, including but not limited to: sewer and storm drain pipelines and appurtenances, traffic signals and signal interconnections, irrigation lines and irrigation control devices located in, upon, over, under and across the La Media Road and Otay Valley Road rights-of-way; H. WHEREAS, OLC will perform the actual relocation of Otay Pipelines which will result in the placement of Otay Pipelines within the Joint Use Area; L WHEREAS, CV and SD desire to set forth their respective rights and obligations in the event of actual or potential present or future conflicts in the construction, operation or maintenance of their respective facilities within the Joint Use Area. NOW, THEREFORE, for mutual consideration, the sufficiency and receipt thereof is hereby acknowledged, the Parties hereby agree as follows: 1. Non-Interruption of Use or Operation of Facilities. Each party agrees and covenants not to permanently interrupt the use or operation of the other party's facilities located within that Joint Use Area. a. Temporary Interference. Any temporary interference by one Party with the use or operation of the other Party's facilities shall be made only with other Party's written consent. SD specifically agrees, except as provided in Section 1(f) below, that during any temporary interference it will neither cause any lane of CV's roadways to be closed for the entire length of such roads nor cause the flow of traffic to be reduced to less than two lanes on such roads. b. Good Faith. All Parties agree and covenant to work in good faith with the other Parties to permit such temporary interference, and the Party whose facilities are being interfered with shall not unreasonably withhold its consent to such interference. c. Coordination. Both Parties shall coordinate planned outages or interruptions for public events and construction work such that only one project is being constructed or conducted at any one time. d. Standard of Care. All work performed by either party or its representatives 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 and in compliance with the most recent edition of the Standard Specifications for Public Works Construction and San Diego Regional Supplement (Greenbook), and all repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Each party shall bear its own costs, expenses, and losses. Joint Use Agreement 2 2014-09-23 Agenda Packet Page 102 f. Emergency Repairs. Notwithstanding any contrary provision in this Section 1, in the event of damage caused by an act of God, War, or other casualty, or damage caused under circumstances where it would be impractical or impossible for one Party to notify the other Party of the necessity for temporary interference with the other party's facilities, the party creating the temporary interference may, without notice, enter upon the Joint Use Area and make emergency repairs to restore its service. The Party creating the temporary interference shall, however, take reasonable and prudent measures to protect the installations of the other party and minimize such interference, and as soon as practically possible, notify the other party of such emergency repairs. If permanent repairs are required after such emergency repairs have been made,reasonable notice shall be given to the other Party. In the event of any emergency situation, each Party will make all reasonable efforts to notify the other prior to such construction activities. 2. Neither Party First in Place. Neither SD nor CV shall be deemed the "Party First in Place" or prior in time with superior in title with respect to the Joint Use Area. 3. Utility Access. Except in the event that emergency access is necessary, which shall be treated in a manner consistent with paragraph 1(f), above, prior to any access of facilities within the Joint Use Area, the accessing party shall provide the other party with 48 hours notice. a. Conflict in timing. In the event that such access is not required by an emergency and such access is in conflict with work being or to be performed by one of the parties, the party requiring access shall and the party then performing work shall use their best efforts to arrange a mutually convenient time for such access. 4. Future Relocation of Facilities. In the event that future construction (including expansion), operation or maintenance of SD's or CV's facilities shall cause the need for relocation of some or all of the other's facilities, such Party requiring relocation of the other's facilities shall make every reasonable effort to accommodate the other Party and avoid forcing such Party to relocate its facilities. If avoiding relocation is unavoidable or infeasible, the Party causing the relocation shall bear all costs, expenses and losses resulting from the relocation. Relocation shall not occur without the prior written consent of the Party whose facilities are being relocated, which consent shall not be withheld unreasonably. 5. Construction or Placement of Facilities. No Party shall place, construct, or permit the placement or construction of, any structure (excluding Street, curb, gutter, sidewalks, or light and sign posts) temporary or permanent, or any facility, on or in the Joint Use Area, without the prior written consent of the other Party. 6. Effective Date. The effective date of this Agreement shall be the later of the date Chula Vista and San Diego approve this Agreement. Joint Use Agreement 3 2014-09-23 Agenda Packet Page 103 7. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the representatives, agents, successors, assigns and interests of the Parties as to any or all of the Joint Use Area,until released by the mutual consent of the Parties. 8. Agreement Runs with the Land. The covenants and terms contained in this Agreement shall create equitable servitudes on the property described in Exhibit "A" and Exhibit "C" and as shown in Exhibit "B" and Exhibit "D". If such covenants are breached, both Parties shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which either Party or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Vacation of Interests by San Diego. In the event that SD permanently terminates the use of the Joint Use Area for the purposes set forth herein, SD shall agree to vacation of its easement pursuant to San Diego City Council Policy 600-15 and California Streets and Highways Code sections 8300 through 8363 at no cost to CV. 10. Mutual Indemnification. Each Party ("Indemnitor") shall defend, indemnify, protect and hold harmless the other Party, its elected and appointed officers, agents and employees (collectively "Indemnitees") 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 the Indemnitor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the existence, location, condition or performance of any of Indemnitor's own facilities placed within the Joint Use Area. Costs shall include, but not be limited to consulting, engineering, mitigation, clean-up, containment, disposal, and legal costs incurred by the Indemnitee as a result of abating a violations of local, state, or federal standards ("Standards") in any proceeding before any authority or court, and paying any fines or penalties imposed because of a violation of any Standards resulting from Indemnitor's failure to comply with such Standards. The right to indemnity shall be determined by the law in effect at the time of the incident causing such liability, loss, cost, damage or expense. Notwithstanding the foregoing, a party shall hold harmless the other against damage to or destruction of the its own facilities caused by an act(s) of a third party(ies). a. Costs of Defense and Award. Included in the obligations in Section 11 is the Indemnitor's obligation to defend, at Indemnitor's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the Indemnitees, subject to any limitations in Section 11. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Section 11. b. Extent of Liability and Indemnification Obligations. Liability and indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation of benefits payable by or for the other under any Worker's Joint Use Agreement 4 2014-09-23 Agenda Packet Page 104 Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. In addition, the obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitees. C. Proportional Liability. Liability to a third party(ies) shall be divided between SD and CV in proportion to the measure of SD and CV's liability. d. Enforcement Costs. The Parties agrees to pay any and all costs the other Party incurs enforcing the indemnity and defense provisions set forth in Section 11. e. Survival. Obligations under Section 11 shall survive the termination of this Agreement. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office. 13. Miscellaneous Provisions. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof,when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer CITY OF SAN DIEGO PUBLIC UTILITIES DEPARTMENT 9192 Topaz Way San Diego, CA 92123 Attn: Public Utilities Director b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. Joint Use Agreement 5 2014-09-23 Agenda Packet Page 105 c. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the Parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the Parties unless expressly noted. d. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. e. Compliance with Laws. Each party agrees to comply with all applicable laws, ordinances, governmental regulations or agreements, regarding the habitat, protected species, water quality, solid wastes, hazardous wastes, hazardous materials, toxic substances, and any and all other forms of pollution or nuisance control (herein collectively referred to as "Standards"). f. Administrative Claims. 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 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 terms of this Agreement. g. Authority of Signatories. 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 and/or other actions have been taken so as to enable said signatory to enter into this Agreement. h. Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the Parties hereto, their successors, or assigns and duly recorded in the Office of the San Diego County Recorder. i. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. j. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a Party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both Parties participated equally in the preparation and/or drafting this Agreement. Joint Use Agreement 6 2014-09-23 Agenda Packet Page 106 [NEXT PAGE IS SIGNATURE PAGE] Joint Use Agreement 7 2014-09-23 Agenda Packet Page 107 SIGNATURE PAGE TO JOINT USE AGREEMENT BY AND BETWEEN CITIES OF CHULA VISTA AND SAN DIEGO IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA CITY OF SAN DIEGO By: Gary Halbert, City Manager or Authorized Halla Razak, Designee Public Utilities Director Attest: Donna Norris, City Clerk Approved as to form: Approved as to form: Jan Goldsmith City Attorney Glen R. Googins City Attorney By: Deputy City Attorney Joint Use Agreement 8 2014-09-23 Agenda Packet Page 108 EXHIBIT "A" Village 8W LEGAL DESCRIPTION 101324938.3 EXHIBIT"A" Joint Use Agreement 1 2014-09-23 Agenda Packet Page 109 EXHIBIT B" Village 8W DEPICTION 101324938.3 EXHIBIT`B" Joint Use Agreement 1 2014-09-23 Agenda Packet Page 110 EXHIBIT "C" VILLAGE 9 LEGAL DESCRIPTION 101324938.3 EXHIBIT"D" Joint Use Agreement 1 2014-09-23 Agenda Packet Page 111 EXHIBIT "D" VILLAGE 9 DEPICTION 101324938.3 EXHIBIT"D" Joint Use Agreement 1 2014-09-23 Agenda Packet Page 112 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF LA MEDIA ROAD AND OTAY VALLEY ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT WHEREAS, City of San Diego is engaged in the activity of conveying water to the environs of City of San Diego, State of California; and WHEREAS, certain water conveyance facilities owned by San Diego are located within Chula Vista, and on occasion, development within Chula Vista may be in conflict with San Diego's water transportation facilities; and WHEREAS, Otay Land, LLC (Otay Land), a developer of a certain real property within Chula Vista, commonly known as Otay Ranch Village 8 West wishes to amend the Village 8 W development plans; and WHEREAS, the Plan Amendment is in conflict with certain water transportation facilities owned and operated by San Diego ("Otay Pipeline"); and WHEREAS, as a condition of the approval of Otay Land's Plan Amendment and a tentative map, Otay Land shall be required to relocate Otay Pipeline into an area described in Exhibit "A" and shown on Exhibit "B" attached hereto, which exhibits are incorporated herein by this reference. The areas described on Exhibit "A" and shown on Exhibit "B" are hereinafter referred to as "Joint Use Area"; and WHEREAS, San Diego is willing to allow the relocation of Otay Pipeline into the Joint Use Area and will thereafter operate and maintain all associated facilities located in, under and across that certain right-of-way dedicated to CV by Otay Project, LLC as La Media Road and Otay Valley Road on property located in San Diego County, California; and WHEREAS, Chula Vista desires to construct, operate and maintain a future regional public transportation facility and related improvements, including but not limited to: sewer and storm drain pipelines and appurtenances, traffic signals and signal interconnections, irrigation lines and irrigation control devices located in, upon, over, under and across the La Media Road and Otay Valley Road rights-of-way; and WHEREAS, Otay Land will perform the actual relocation of Otay Pipeline which will result in the placement of Otay Pipeline within the Joint Use Area; and WHEREAS, Chula Vista and San Diego desire to set forth their respective rights and obligations in the event of actual or potential present or future conflicts in the construction, operation or maintenance of their respective facilities within the Joint Use Area. 2014-09-23 Agenda Packet Page 113 Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Joint Use Agreement,with such minor, nonsubstantive alterations as may be required by the City Attorney, and authorize the City Manager or his Designee to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-23 Agenda Packet Page 114 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 27 AND 28 OF RANCHO OTAY, 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND, BEING 31.50 FEET IN WIDTH AND BEING 15.75 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 28; THENCE ALONG THE NORTHERLY LINE THEREOF, NORTH 71°57'53" EAST, 885.71 FEET TO THE TRUE POINT OF BEGINNING OF PARCEL 1; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 34 040'03" EAST, 186.32 FEET TO THE BEGINNING OF A TANGENT 506.75 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 55°19'57" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 506.75 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 15 059'33", AN ARC DISTANCE OF 141.44 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 18°40'30" EAST, 530.38 FEET TO POINT 'A' OF THESE DESCRIPTIONS; THENCE CONTINUING SOUTH 18°40'30" EAST, 825.63 FEET TO THE BEGINNING OF A TANGENT 492.75 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 71°19'30" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 492.75 FOOT RADIUS CURVE, THROUGH A CENTRAQL ANGLE OF 04 034'36", AN ARC DISTANCE OF 39.36 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 14°05'54" EAST, 250.88 FEET; THENCE SOUTH 63 044'02" EAST, 103.73 FEET TO THE BEGINNING OF A TANGENT 1721.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 69°03102" WEST; THEECE SOUTHERLY ALONG THE ARC OF SAID 1721.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 00°34'57", AN ARC DISTANCE OF 17.50 FEET TO POINT `B' OF THESE DESCRIPTIONS, AND SOUTHERLY TERMINUS OF THE CENTERLINE OF PARCEL 1. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED, AS TO TERMINATE IN THE NORTH, ON SAID NORTHERLY LINE OF LOT 28 AND IN THE SOUTH, PERPENDICULAR TO THE HEREIN DESCRIBED CENTERLINE OF PARCEL 1. CONTAINING 1.52 ACRES, MORE OR LESS. 2014-09-23 Agenda Packet Page 115 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2: A STRIP OF LAND, 100.00 FEET IN WIDTH, LYING 25.00 FEET WESTERLY AND 75,00 FEET EASTERLY OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE AFOREMENTIONED POINT `B', THENCE CONTINUING SOUTHERLY ALONG THE ARC OF AFOREMENTIONED 1721.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 16°19'55", AN ARC DISTANCE OF 490.57 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 37°51'51" EAST, 245.22 FEET TO THE BEGINNING OF A TANGENT 1421.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO WHICH BEARS SOUTH 52 008'09"WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 1421.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 08026'57" . AN ARC DISTANCE OF 209.55 FEET TO PO[NT `C' OF THESE DESCRIPTIONS, AND TERMINUS OF THE SAID LINE OF PARCEL 2, EXCEPTING FROM SAID EASTERLY 75.00 FEET, THAT PORTION LYING WITHIN THAT CERTAIN PARCEL OF LAND GRANTED TO THE CITY OF SAN DIEGO BY DEED, RECORDED JANUARY 9, 2009 AS DOCUMENT NO. 2009-0010329 OF OFFICIAL RECORDS. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE NORTH PERPENDICULAR TO THE HEREIN DESCRIBED LINE AND IN THE SOUTH, PERPENDICULAR TO SAID LINE. CONTAING 1.44 ACRES, MORE OR LESS. 2014-09-23 Agenda Packet Page 116 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 3: A STRIP OF LAND, 50.00 FEET IN WIDTH, BEING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE AFOREMENTIONED POINT `C', THENCE CONTINUING SOUTHEASTERLY ALONG THE AFOREMENTIONED 1421.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 31°51'03", AN ARC DISTANCE OF 789.94 FEET TO POINT `D' OF THESE DESCRIPTIONS; AND TERMINUS OF THE SAID LINE OF PARCEL 3.; THENCE CONTINUING SOUTHEASTERLY ALONG THE ARC OF SAID 1421.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 23 048'38", AN ARC DISTANCE OF 590.53 FEET; THENCE TANGENT FROM SAID CURVE, NORTH 78°01'31" EAST, 221.75 FEET TO THE BEGINNING OF A TANGENT 1229.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO WHICH BEARS NORTH 11058'29" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID 1229.00 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 02 049'03", AN ARC DISTANCE OF 60.43 FEET TO THE EASTERLY LINE OF SAID LOT 27 AND TERMINUS OF THE HEREIN DECRIBED CENTERLINE OF PAORCEL 3, THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE NORTH PERPENDICULAR TO THE HEREIN DESCRIBED CENTERLINE, AND IN THE SOUTH ON SAID EASTERLY LINE OF SAID LOT 27. CONTAINING 1.91 ACRES, MORE OR LESS 2014-09-23 Agenda Packet Page 117 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 4: A STRIP OF LAND, 39.00 FEET IN WIDTH, BEING 19.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE AFOREMENTIONED POINT `D'; THENCE NORTH 10°56'24" EAST, 88.93 FEET; THENCE NORTH 79 00336" EAST, 58.50 FEET TO THE TERMINUS OF THE HEREIN DECRIBED CENTERLINE OF PAQRCEL 4 THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE SOUTH ON THE NORTHERLY SIDELINE OF AFOREMENTIONED PARCEL 3 AND IN THE NORTH PERPENDICULAR TO THE HEREIN DESCRIBED CENTERLINE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE AFOREMENTIONED PARCEL 3, CONTAINING 0.11 ACRES, MORE OR LESS. 2014-09-23 Agenda Packet Page 118 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 5: A STRIP OF LAND, 39.00 FEET IN WIDTH, BEING 19.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE AFOREMENTIONED POINT `D'; THENCE SOUTH 10 056'24"WEST, 980.47 FEET; THENCE SOUTH 33°26'24" WEST, 33.59 FEET TO POINT `E' OF THESE DECRIPTIONS AND THE TERMINUS OF THE HEREIN DECRIBED CENTERLINE OF PARCEL 5. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE NORTH ON THE SOUTHERLY SIDELINE OF AFOREMENTIONED PARCEL 3 AND IN THE SOUTH PERPENDICULAR TO THE HEREIN DESCRIBED CENTERLINE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE AFOREMENTIONED PARCEL 3. CONTAINING 0.89 ACRES, MORE OR LESS. 2014-09-23 Agenda Packet Page 119 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 6: A STRIP OF LAND, 23.00 FEET IN WIDTH, BEING 11.50 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE AFOREMENTIONED POINT `E'; THENCE SOUTH 33°26'24" WEST, 33.59 FEET TO THE BEGINNING OF A NON TANGENT 211.50 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO WHICH BEARS NORTH 88°05'37" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 211.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 25°09'55", AN ARC DISTANCE OF 92.89 FEET; THENCE SOUTH 27°04'19" EAST, 309.69 FEET TO THE BEGINNING OF A TANGENT 188.50 FOOT RADIUS CURVE4, CONCAVE WESTERLY, A RADIAL LINE TO WHICH BEARS NORTH 62°55'41" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID 188.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 10°51'09", AN ARC DISTANCE OF 35.70 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 16°13'10" EAST, 280.23 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE OF PARCEL 6. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE NORTH ON THE SOUTHERLY LINE OF SAID PARCEL 6 AND IN THE SOUTH PERPENDICULAR TO THE HEREIN DESCRIBED CENTERLINE. EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE AFOREMENTIONED PARCEL 1. CONTAINING 0.40 ACRES, MORE OR LESS. 2014-09-23 Agenda Packet Page 120 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 7: A STRIP OF LAND, 24.00 FEET IN WIDTH, BEING 12.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE AFOREMENTIONED POINT `A'; THENCE SOUTH 71 56'24" WEST, 32.49 FEET TO THE BEGINNING OF A NON TANGENT 528.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, A RADIAL LINE TO WHICH BEARS NORTH 18°03'36"WEST; THENCE WESTERLY ALONG THE ARC OF SAID 528.50 FOOT RADIUS CURVE, THROUGH A CENTRAL ANGLE OF 21°08'41", AN ARC DISTANCE OF 195.04 FEET; THENCE NORTH 59°56'00" WEST, 36.73 FEET TO THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE OF PARCEL 7. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED AS TO TERMINATE, IN THE NORTH PERPENDICULAR TO SAID CENTERLINE AND IN THE EAST ON THE WESTERLY SIDELINE OF SAID PARCEL 1. CONTAINING 0.14 ACRES, MORE OR LESS. PREPARED BY ME OR UNDER MY SUPERVISION .r5 0. 0 Fi DALE C. GROSS PLS 7632 * 7632 �r oF�At�� 2014-09-23 Agenda Packet Page 121 EXHIBIT "B" o DEPICTION co 11 P.O.C. PARCEL 1 NW CORNER T.P.O.B. SqM' LOT 28� PARCEL 1 q CUNq Ll L2 Q cl PARCEL 1 ! L12 L4 z nn-- PARCEL 7 POINT A, P.O.C. Q �Yv L3612 PARCEL 7 ! L37 R �© L13 C2 Li 44 PARCEL 1O� L7 L8 C3 L15 V POINT B, P.O.C. 0 0� PARCEL O 2 � � C4� o O� POINT C, P.O. 0� PARCEL 3 f ^O( C6 0 C7 P EL 4 f L33 PARCEL 3 -'J LEGEND POINT D, P.O.C. C8 1 L10 P.O.C. . . . INDICATES PARCEL 4 AND C9 POINT OF COMMENCEMENT ARCEL 5 T.P.O.B. . . . INDICATES L21 L32 TRUE POINT OF BEGINNING ,Q RM 1 I BASIS OF BEA W L22 PARCEL 5 U �0) w THE BASIS OF BEARINGS FOR L23 r~� THIS PLAT AND THE LEGAL L28 y POINT E, P.O.C. f1 DESCRIPTIOPN ATTACHED HEREON, PARCEL 6 1 IS THE NORTH LINE OF LOT 28, C10 I PER ROS NO. 18296. L29 I.E. N 71'57'55" E L25 ` L30 C11 H.E..IOB NO.12036 PARCEL 6 L31 w -,HALE L27 7M CONVOY COURT SAN DEQO,CA 92111 TEL`M)71420 PAGE 1 OF 2 EXHIBIT "Bn DEPICTION LINE AND CURVE DATA LINE AND CURVE DATA N0. LENGTH RADIUS BEARING/DELTA N0. LENGTH RADIUS BEARING/DELTA C1 141.44' 506.75' 15' 59' 33" L17 868.08' S52' 08' 09"W C2 39.36' 492.75' 4' 34' 36" L18 779.17' 511' 58' 29"E C3 17.50' 1721.00' 0' 34' 57" L19 790.34' N11' 58' 29"W C4 490.57' 1721.00' 16' 19' 55" L20 455.03' N43' 41' 12"E C6 209.55' 1421.00' 8' 26' 57" L21 980.47' S10' 56' 24"W C7 789.94' 1421.00' 31' 51' 03" L22 33.59' S33' 26' 24"W C8 590.53' 1421.00' 23' 48' 38" L23 33.59' S33' 26' 24"W C9 60.43' 1229.00' 2' 49' 03" L25 309.69' S27' 04' 19"E C10 92.89' 211.50' 25' 09' 55" L27 280.23' S16' 13' 10"E C11 35.70' 188.50' 10' 51' 09" L28 211.50' N88' 05' 37"E C12 195.04' 528.50' 21 08' 41" L29 211.50' N62' 55' 41"E L1 885.71' N71' 57' 53"E L30 188.50' N62' 55' 41"E L2 186.32' S34' 40' 03"E L31 188.50' N73' 46' 50"E L4 530.38' S18' 40' 30"E L32 88.93' N10' 56' 24"E L5 825.63' S18' 40' 30"E L33 58.50' N79' 03' 36"W L7 250.88' S14' 05' 54"E L34 303.11' S39' 12' 17"E L8 103.73' S63' 44' 02"E L35 316.46' S18' 03' 36"E L9 245.22' S37' 51' 51"E L36 36.73' S59' 56' 00"E 1-10 221.75' N78' 01' 31"E L37 32.49' N71' 56' 24"E L11 506.75' N55' 19' 57"E L12 506.75' N71' 19' 30"E L13 492.75' N71' 19' 30"E ��O�c Q� L14 492.75' N75' 54' 06"E L15 960.38' S69' 03' 02"W 7532 ir L16 965.95' S52' 08' 09"W a' KE.,roe NO. 2ais G 7814 COMIOY COURT M°E`�°FA sum 7t5-w24 PAGE 2 OF 2 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0476, Item#: 7. ..Title RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT BRANDYWINE AVENUE & SEQUOIA STREET (DR197)"; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "BRANDYWINE AVENUE & SEQUOIA STREET (DR197)" PROJECT; REDUCING THE DR193 CIP BUDGET BY $196,000 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR197; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND, RATIFYING THE CONTRACT WITH ARRIETA CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of Arrieta Construction, Inc. (General Engineering Contractor License No. 259145) for the repair of failed storm drain facilities located at Brandywine Avenue & Sequoia Street. An informational item was submitted on May 16, 2013 (Attachment 1) indicating that staff would report back to City Council after the full cost of the emergency repair project was identified. Repair work was completed on July 30, 2013. This report presents the total expenditures for the emergency repair work. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301(c) (Existing Facility) of the State CEQA Guidelines because it involves maintenance and repair of an existing street. Thus, no further environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On April 11, 2013, a sinkhole appeared on Brandywine Avenue south of Sequoia Street. The sinkhole was due to the failure of an existing 36" Cast-in-Place Concrete Pipe ("CIPCP") storm drain. The pipe collapse and sinkhole encompassed several travel lanes. . On April 17, 2013, after inspecting the storm drain system via closed-circuit television (CCTV), Public Works staff was able to repair one area of the failed pipe. Public Works Staff identified at least 180 City of Chula Vista Page 1 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 124 File#: 14-0476, Item#: 7. linear feet of failure in the 36" CIPCP storm drain between Inlet ID No. 2662 and Inlet ID No. 2661, based upon CCTV. The scope of repair work for this section was significant since failure of the drainage system had already occurred; immediate action was required to avoid additional damage to existing City and private infrastructure. The advanced deterioration and failure of this portion of the storm drain system led staff to recommend that rehabilitation be performed immediately, on an emergency basis, due to imminent threats to public safety and to public and private property. Due to the large scope and immediate response needed, soliciting informal bids from qualified contractors was recommended as the best course of action. The Director of Public Works and the City Manager agreed with the recommendation and approved proceeding with the emergency repairs at this location under the provisions specified in Section 1009 of the City Charter. In accordance with City Charter Section 1009, and based upon the urgent necessity for the preservation of life, health and property, City staff solicited three informal bids and contracted the services of the lowest responsive bidder, Arrieta Construction, Inc., to repair the storm drain facilities. Contractor Selection Process Staff prepared and solicited three informal bids from qualified contractors that had previously worked for the City of Chula Vista on storm drain rehabilitation projects. On June 06, 2013, the City received the following three proposals: Contractor Proposal Contractor Ranking Amount Arrieta Construction Inc. $ 147,447 First Negotiation Preference TC Construction Co., Inc. $ 147,969 Second Negotiation Preference Cass Construction Co., Inc. 1$ 175,024 Third Negotiation Preference Based on the scope of work and proposals, Staff selected Arrieta Construction to perform the emergency work. The emergency work included 550 lineal feet of relining and was completed in 12 days. 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 Operational Excellence, Economic Vitality, Healthy Community, and Strong and Secure Neighborhoods. The Emergency City of Chula Vista Page 2 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 125 File#: 14-0476, Item#: 7. Storm Drain repairs at Brandywine Avenue & Sequoia Street Project supports the Strong & Secure Neighborhoods goal as will ensure a sustainable and well maintain drainage infrastructure by improving existing storm drain capacity and help insure the storm drain facilities meets the need of the public. CURRENT YEAR FISCAL IMPACT There is no additional impact to the TransNet fund as sufficient funding, a total of $196,000, is being transferred from DR193, "Storm Drain Pipe Rehabilitation Project for FY 2013," CIP budget to fund the emergency work associated with DR197. The DR193 project was established in FY 2012-13 CIP for emergency replacement of failed storm drains, primarily corrugated metal pipes, throughout the City. A summary of the DR197 emergency repair costs is as follows: FINAL COSTS OF EMERGENCY REPAIR WORK A. Arrieta Construction, Inc. $ 161 ,476.99 B. Construction Inspection Staff Costs $ 6,874.50 C. Design, Survey, Right-of-way, & Environmental Staff Costs $ 27,648.51 TOTAL FUNDS REQUIRED $ 196,000.00 ONGOING FISCAL IMPACT The improvement will require only routine City maintenance. ATTACHMENTS 1 . City Manager Information Item Memo dated 5/16/2013 2. Location Plat City of Chula Vista Page 3 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 126 ATTACHMENT CRO 5TA p De artment o Public Works CHU1�11� i � I I DATE: May 16, 2013 rr U� TO: Jim Sandoval,City Manager VIA: Gary Halbert, Assistant City Manager R.A.Hopkins,Director of Public Wor s FRAM: William Valle,Assistant Director of Engineers glCity Engineer v Kirk Ammerman,Principal Civil Engsneer SUBJECT: Emergency Storm Drain Repairs at Brandywine Avenue South of Sequoia Street (CZP No.DR197) I On April 11, 2013, a sinkhole within Brandywine Avenue, south of Sequoia Street, resulted in a collapse over several lanes due to the failure of an existing 36" Cast-in-Place Concrete Pipe ("CIPCP")storm drain. On April 17, 2013, after inspecting the pipe system via closed-circuit television(CCTV), Public Works staff repaired another area of failure(a void in the bottom of the pipe) 80 feet from the storm drain inlet nearest the intersection. Fortunately,the cavity was not that large and staff was able to adequately patch the pipe with concrete from inside of the pipe. I Public Works Staff identified at least 180-LF of failure in the 36" CIPCP storm drain between Inlet ID No. 2662 and Inlet ID No. 2661, based upon CCTV. Because failure has already occurred within the system, immediate action is required to avoid damage to City and private infrastructure. Public Works Operations staff has taken precautionary measures where deemed necessary to provide.protection and safety in the interim until permanent repairs may be implemented. Because of the advanced deterioration of this portion, of the storm drain system, staff recommends that rehabilitation be performed immediately, on an emergency basis, due to imminent threats to public safety and to public and private property. With your concurrence, staff will solicit three informal bids from at least three qualified contractors and perform this storm drain rehabilitation work on an emergency basis in accordance with provisions in Section 1009 of the City Charter in order to assure the protection of the public and of public and private property. An emergency contract will be let out to the low bidder out of the three solicited contractors. The design work is currently underway. Engineering-276 Fourth Avenue,Chula Vista,CA 91910 (619) 691-8021 fax(619) 691-5171 www.cliulavistaca.gov O eratlons-1800 Maxwell Road,Chula Vista,CA 91911 (619)397-6000 I fax(619) 397-6289. 2014-09-23 Agenda Packet Page 127 I Jiro Sandoval,City Manager May 1 b,2013 Page 2 FISCAL IMPACT There are no direct or dedicated funding sources for the maintenance and repair of storm drain facilities. This Project will use an estimated total of$ 245,000 from CIP Project No. DR193, Emergency Storm Drain Replacement at Various Locations allocated in the CIF FY 12/13 (Transnet Funds). Staff will return with a Council Agenda item to report final emergency repair costs and to appropriate fluids, as necessary. PRELIMINARY ESTIMATES OF FUNDS REQUWXi D FOR CONS`I'RUCTJON A. Informal Contract Amount $ 175,000 B. Public Works Inspection Staff'Costs $ 20,400 C. Design Staff Costs $ 44,404 D. Suave (Public Works/Traffic Staff Costs $ 14,000 TOTAL PRELIMINARY FSTIMATE OF FUNDS RE,QUIRED FOR CONSTRUCT12L $245,000 BFS cc Iraesenla Quilantan,Assistant Director of Public Work Operations Silvester Evetovicl3,Principal Civil Engineer Frank Rivera,Principal Civil Engineer Robert Beamon,Administrative Services Manager,Public Works-Engineering Boushra Salem, Senior Civil Engineer Silvia Casio,Administrative Analyst II,Public Works-Engineering QOigineeringUll f rojects\DP,\DR197-Brandywine&Segnoia\r7RE97 Mom to City Manager,doe 2014-09-23 Agenda Packet Page 128 I i WJ � is L1 z 'i 4.r lti f' tj I E E fi 1 ,1 4 t g ; r 1 ?[ � I at � to ' 1t _ L � � d •�^ � r O y' E < _ r L Cr E ki 1 Z _ I ` a n Yt?t y �'`>��• � ` ,.. e ( 2014-09-23 Agenda Packet Page 129 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT BRANDYWINE AVENUE & SEQUOIA STREET (DR197)"; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "BRANDYWINE AVENUE & SEQUOIA STREET (DR197)"; REDUCING THE DR193 CIP BUDGET BY $196,000 IN TRANSNET FUNDS AND APPROPRIATING THE EQUIVALENT AMOUNT TO DR197; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND, RATIFYING THE CONTRACT WITH ARRIETA CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR WHEREAS, On April 11 , 2013, a sinkhole appeared on Brandywine Avenue south of Sequoia Street. The sinkhole was due to the failure of an existing 36" Cast-in- Place Concrete Pipe ("CIPCP") storm drain. The pipe collapse and sinkhole encompassed several travel lanes; and WHEREAS, On April 17, 2013, after inspecting the storm drain system via closed-circuit television (CCTV), Public Works staff was able to repair one area of the failed pipe; and WHEREAS, Public Works Staff identified at least 180 linear feet of failure in the 36" CIPCP storm drain between Inlet ID No. 2662 and Inlet ID No. 2661 , based upon CCTV. The scope of repair work for this section was significant since failure of the drainage system had already occurred; immediate action was required to avoid additional damage to existing City and private infrastructure; and WHEREAS, the advanced deterioration and failure of this portion of the storm drain system led staff to recommend that rehabilitation be performed immediately, on an emergency basis, due to imminent threats to public safety and to public and private property; and WHEREAS, in accordance with City Charter Section 1009, and based upon the urgent necessity for the preservation of life, health and property, City staff solicited three informal bids and contracted the services of the lowest responsive bidder, Arrieta Construction, Inc., to repair the storm drain facilities; and WHEREAS, the repair was completed on July 30, 2013. An Informational Item was submitted on May 16, 2013 with the plan to report back to City Council after the full cost of the project was identified; and WHEREAS, after the project was completed, the final costs were identified in the amount of$ 196,000; and 2014-09-23 Agenda Packet Page 130 WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301(c) (Existing Facility) of the State CEQA Guidelines because it involves maintenance and repair of an existing street. Thus, no further environmental review is necessary. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Establish a new Capital Improvement Project "Emergency Storm Drain Repairs at Brandywine Avenue & Sequoia Street (DR197)" 2. Accept the final report of expenditures for the emergency storm drain repairs at Brandywine Avenue & Sequoia Street (DR197) 3. Amend the fiscal year 2014-15 CIP expenditure budget in the Transnet Fund by reducing CIP project DR193 by $196,000 and appropriating the equivalent amount to CIP project DR197 4. Make a finding that an emergency existed and ratify the contract with Arrieta Construction, Inc. for said emergency repair work. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-23 Agenda Packet Page 131 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0517, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP # OP225) TO AZTEC LANDSCAPING, INC. IN THE AMOUNT OF $216,747.20 IN ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs); AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On September 10, 2014, the Director of Public Works received six sealed bids for the "Brush Clearance in Rice Canyon" project. The proposed resolution, if approved, would accept the bids and award the contract to Aztec Landscaping, Inc. in the amount of$216,747.20. Using a grant from the Federal Emergency Management Agency (FEMA), the City of Chula Vista will be performing brush clearance behind homes around Rice Canyon from October 13, 2014 to January 30, 2015 and from September 1 , 2015 to January 31 , 2016. 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 was adequately covered in previously adopted Addendum (dated, January 2010) to the Final EIR/EIS for Issuance of Take Authorizations for Threatened and Endangered Species due to Urban Growth within the Multiple Species Conservation Program Planning Area, LDR No. 93-0287, SCH No. 93121073, dated January 1997, and the Final Supplemental Environmental Impact Report and Environmental Assessment prepared for the Chula Vista Multiple Species Conservation Program Subarea Plan, EA 03-01 , SCH No. 20022051045, dated January 2003. Thus, no further environmental review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Fire behavior modeling has identified Rice Canyon as a fire hazard area. Rice Canyon presents a unique fire safety challenge as adjacent construction was completed prior to fuel modification requirements of 2013 California Fire Code (Chapter 49: Requirements for Wildland-Urban Interface Fire Areas). Subsequent to such construction, Open Space areas within the canyons have accumulated vegetative biomass proximate to residential structures. City of Chula Vista Page 1 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 132 File#: 14-0517, Item#: 8. The brush clearing contract will provide a 60-foot swath from the property line toward the canyon that will make it possible to create a more sustainable fuel management program around Rice Canyon. Public Works prepared specifications and advertised the services on Friday, August 22, 2014. The Open Space Manager and City Forester held a mandatory pre-bid site meeting on Thursday, September 4, 2014 at 1800 Maxwell Road and at Rice Canyon to explain the project's scope and time frame to prospective contractors. On Wednesday, September 10, 2014, the Director of Public Works received six sealed bids. The following bids were received: Name of Contractor Amount of Bid Aztec Landscaping, Inc. - Lemon Grove, CA $216,747.20 Tierra Data, Inc. - Escondido, CA $288,332.00 Blue Pacific Engineering & Construction - San Diego, CA $297,200.00 Ciro's Landscaping - Escondido, CA $330,067.00 Nature's Image, Inc. - Lake Forest, CA $334,609.00 S&B Engineering - Lakeside, CA $397,640.00 The low bid submitted by Aztec Landscaping, Inc. is within the project budget, the contractor has demonstrated experience in performing vegetation management in environmentally sensitive areas, and has the capacity to complete the brush clearance within specified time frame. Public Works staff checked references for Aztec Landscaping, Inc. and received favorable comments. The contractor's bid package was complete with no errors or omissions. Therefore, staff recommends accepting the bid and awarding the contract to Aztec Landscaping, Inc. in the amount of$216,747.20. Wage Statement The project fund source is a FEMA Hazard Mitigation grant with a State of California prevailing wage requirement. Contractors bidding this project are required to pay prevailing wages to persons employed by them for the work under this project. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of 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 City of Chula Vista Page 2 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 133 File#: 14-0517, Item#: 8. Community, Strong and Secure Neighborhoods and a Connected Community. Brush clearance in Rice Canyon enhances the strength and security of residents in the neighborhood by creating the defensible space necessary for effective fire protection in the area. Fuel modification reduces the radiant and convective heat of a fire, and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front. CURRENT YEAR FISCAL IMPACT Sufficient FEMA grant funds and matching funds (General Fund) are available in CIP Project No. OP225 to complete the project. There is no additional fiscal impact to the General Fund. FUNDS REQUIRED FOR BRUSH CLEARANCE CONTRACT A. Base Contract Amount $216,747.20 B. Contingency (10%) $ 21,674.00 C. Ancillary Supplies & Services $ 40,005.00 D. Inspection Staff Costs $127,248.64 TOTAL FUNDS REQUIRED FOR BRUSH CLEARANCE CONTRACT $405,674.84 ONGOING FISCAL IMPACT There is no ongoing fiscal impact as this is a one-time grant. There is no increase to ongoing maintenance costs as this is a brush clearance project. Established annual budgetary allocation for brush clearance in the Open Space District will be used to maintain vegetation abatement in perpetuity in this project area. ATTACHMENTS 1 . Rice Canyon Brush Clearance Map. Staff Contact: Sam Oludunfe. City of Chula Vista Page 3 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 134 ,p ,� f b�m� � � d .4 ♦� � V LU li Q _ a. N 2 � I r v �Q r 4. U r g ° Yd ,^ 4 W if RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP 9 OP225) TO AZTEC LANDSCAPING, INC IN THE AMOUNT OF $216,747.20 IN ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs); AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT. WHEREAS, in 2009 the City applied for a pre-disaster mitigation grant from the Federal Emergency Management Agency (FEMA) for brush removal to create a 60 foot defensible space for the Fire Department to defend approximately 230 homes in the Rice Canyon open space area in Rancho Del Rey; and WHEREAS, on September 5, 2013, the City received notification from the State of California Governor's Office of Emergency Services (Cal OES) that the Federal Emergency Management Agency (FEMA) approved the City's sub-grant application in the amount of $386,310; and WHEREAS, the grant requires a minimum City match of $128,770, and on May 22, 2012, by Resolution 2012-082, City Council approved an appropriation for the required City match in the amount of $133,333, which amount is included in the Fiscal Year 2014-15 Fire Department Operating Budget; and WHEREAS, on July 22, 2014, by Resolution 2014-144, the City accepted $386,310 in Pre-Disaster Mitigation Grant Program funds through the Federal Emergency Management Agency (FEMA) and authorized the Director of Public Works or the Assistant Director of Public Works (Operations) and the Open Space Manager/City Forester to execute all necessary grant documents including, but not limited to, applications, agreements, amendments in order to secure grant funds: and WHEREAS, on July 22, 2014, by Resolution 2014-144, the City appropriated $386,310 of grant funds to the Federal Grant Fund's CIP expense category for the newly established Brush Clearance in Rice Canyon (CIP OP225) and transferred $133,333 from the Fire Department's Non-CIP Project expenditure category to the Non-Departmental CIP expense category for the Brush Clearance in Rice Canyon CIP; and WHEREAS, on August 22, 2014, the City staff issued an advertisement for Brush Clearance contract services in Rice Canyon; and 2014-09-23 Agenda Packet Page 136 WHEREAS, a mandatory pre-bid meeting and site visit were held on September 4, 2014, to review and clarify bid requirements and to emphasize that the bids would be evaluated and the contract awarded to the lowest, responsible and responsive bidder for Brush Clearance in Rice Canyon; and WHEREAS, City staff received bids from six (6) vegetation management companies and held a public bid opening on September 10, 2014. The bids received were as follows: Name of Contractor Amount of Bid Aztec Landscaping, Inc. — Lemon Grove, CA $216,747.20 Tierra Data, Inc. — Escondido, CA $288,332.00 Blue Pacific Engineering & Construction — San Diego, CA $297,200.00 Ciro's Landscaping — Escondido, CA $330,067.00 Nature's Image, Inc. — Lake Forest, CA $334,609.00 S&B Engineering — Lakeside, CA $397,640.00 WHEREAS,staff determined that Aztec Landscaping, Inc. was the lowest,responsive and responsible bidder; and WHEREAS, the low bid submitted by Aztec Landscaping, Inc. is within the project budget, the contractor has demonstrated experience in performing vegetation management in environmentally sensitive areas, and has the capacity to complete the brush clearance within specified time frame; and WHEREAS, Public Works staff checked references for Aztec Landscaping, Inc. and received favorable comments. The contractor's bid package was complete with no errors or omissions. Therefore, staff recommends accepting the bid and awarding the contract to Aztec Landscaping, Inc. in the amount of$216,747.20. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept bids, award the "Brush Clearance in Rice Canyon" (CIP 9 OP225) contract to Aztec Landscaping, Inc., and authorize the City Manager or his designee to execute the contract. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Public Works Director City Attorney 2014-09-23 Agenda Packet Page 137 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0548, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Metro Wastewater JPA/Metro Commission in conjunction with the City of San Diego have been developing strategies that would increase reliability and diversity of the region's water supply and reduce the wastewater flow to the Point Loma Wastewater Treatment Plant (PLWTP). These strategies are proposed in the PLWTP advanced primary permit renewal submittal to U.S. Environmental Protection Agency (USEPA) and could potentially avoid an estimated $300 million in costs to the Metro wastewater ratepayers (including Chula Vista residents). Tonight's action would be a statement of support, as part of the Metro Wastewater JPA/Metro Commission, for the January 2015 USEPA permit renewal application and the conceptual goals to be achieved by the Ocean Pollution Reduction Act II proposed legislation. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because the action is to approve support of San Diego Metro Wastewater's application for the January 2015 USEPA permit renewal. The action does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista is one of 12 participating agencies (PAs) that have agreements with the City of San Diego (San Diego) for wastewater treatment. Per the agreements, all of the wastewater generated by these agencies is conveyed to the San Diego system for treatment. Although San Diego's sewage system dates back to 1885, a formal agreement between agencies was not established until 1998. The Metropolitan Wastewater Commission (Metro Commission) was formed at that time pursuant to the terms of the first Regional Wastewater Disposal Agreement between PAs and San Diego. City of Chula Vista Page 1 of 6 Printed on 9/19/2014 istar 2014-09-23 Agenda Packet powered by Leg age 138 File#: 14-0548, Item#: 9. In 2001 , the Metro Joint Powers Authority (Metro JPA) was formed to provide the PAs with a stronger voice in the operations of the Metro System, for which the PAs collectively pay approximately 35% of the operation and capital costs. In Fiscal Year 2014/15, the City of Chula Vista's currently projected costs for wastewater treatment total an estimated $29 million. San Diego Metropolitan Wastewater System San Diego's wastewater system consists of both Municipal and Metropolitan Infrastructure. A Municipal system (Muni) of pipelines and pump stations specific to each customer agency sends wastewater to the Metropolitan Wastewater system (Metro) for central conveyance to treatment facilities in San Diego. The Metro system is operated by San Diego and consists of several large pipelines and pump stations; three treatment plants; a biosolids (sludge) processing plant; and two ocean outfalls. The Point Loma Wastewater Treatment Plant (PLWTP) is permitted as a 240 million gallon per day (mgd) advanced primary (chemically enhanced) plant that discharges treated wastewater through the PLWTP Ocean Outfall which extends 4.5 miles into the ocean and is at a depth of 320 feet. The North City Water Reclamation Plant (North City) is a 30 mgd tertiary treatment plant that produces reclaimed water. Since North City does not have its own outfall, the excess wastewater not needed to fulfill the reclaimed water customers needs is treated to a secondary level and pumped to PLWTP. The South Bay Water Reclamation Plant (South Bay) is a 15 mgd tertiary treatment plant that produces reclaimed water. The excess wastewater not needed to fulfill the reclaimed water customers needs is treated to a secondary level and discharged through the South Bay Ocean Outfall which extends 3.5 miles into the ocean and at a depth of 90 feet. Wastewater Treatment Wastewater treatment is primarily the process of removing solids from the wastewater and other pollutants. • Primary treatment plants remove about 60% of the solids. • Advanced primary treatment plants, such as PLWTP, use chemicals to remove at least 88% of the solids. • Secondary treatment plants follow primary treatment with a biological treatment that removes about 90% of the solids. • Tertiary treatment plants, like North City and South Bay, have both primary and secondary treatment followed by filtration, resulting in the removal of about 99% of the solids. Wastewater Treatment Regulation The Federal Clean Water Act (CWA) passed in 1972 required that all wastewater treatment plants be City of Chula Vista Page 2 of 6 Printed on 9/19/2014 istar 2014-09-23 Agenda Packet powered by Leg age 139 File#: 14-0548, Item#: 9. permitted. The permitting process in California involves the USEPA, the local Regional Water Quality Control Board, the State Water Resources Control Board and the California Coastal Commission. The CWA required wastewater treatment plants to treat wastewater to at least a secondary level. The actual treatment required varies depending on whether discharging to a lake, river or ocean as well as the particular characteristics of the receiving body of water. A number of dischargers are required to go to higher levels of treatment than secondary. In 1994, the Federal District Court for the Southern District of California determined that upgrading San Diego's PLWTP to secondary treatment level would not be in the public interest due to excessive cost without producing additional environmental benefits. The reality was that the PLWTP meets all the requirements of secondary treatment except for the removal of total suspended solids and allowable biological oxygen demand. At the direction of Congress, the USEPA requested that the National Research Council advise the agency on ways to improve wastewater management in coastal urban areas. The resulting study, " Managing Wastewaterin Coastal Urban Areas, " produced several important findings, including: - Biological oxygen demand discharged thru a well-designed outfall is generally of no ecological concern in open coastal waters. - Total suspended solids can be adequately controlled by advanced primary treatment and high dilution outfalls. - Over-control is particularly likely along ocean coasts, but nevertheless full secondary treatment would still be required regardless of cost or lack of benefits. Past reviews by the USEPA, the State of California, and scientists affiliated with the Scripps Institution of Oceanography (Scripps) and the University of California at San Diego, as well as other organizations have concluded the PLWTP does not have a significant adverse impact on the ocean environment. Recognizing the unique situation surrounding the PLWTP, Congress adopted the Ocean Pollution Reduction Act of 1994 (OPRA). OPRA allowed the PLWTP to avoid conversion to full secondary treatment and instead operate under a modified permit according to standards contained in OPRA and section 301(h) of the Clean Water Act. The Act gave San Diego the opportunity to apply for a modified permit for PLWTP. San Diego must apply to USEPA for a new permit or modified permit every five years. In approving past waivers, San Diego agreed to complete a wide range of actions, studies and improvements to secure support from the environmental community. Below are some of the more notable commitments: • Develop Reclamation Construct facilities producing approximately 45 million gallons of reclaimed water per day. The cost was approximately $340 million for the facilities constructed. • Enhanced Ocean Monitoring San Diego hired experts from esteemed scientific organizations such as Scripps and Woods Hole to review and enhance the Ocean Monitoring Program. The expanded monitoring program includes over 150,000 samples taken annually. Over 20 years of data indicates there City of Chula Vista Page 3 of 6 Printed on 9/19/2014 istar 2014-09-23 Agenda Packet powered by Leg age 140 File#: 14-0548, Item#: 9. has been no adverse impact to the ocean environment from PLWTP discharge. It is also important to note that PLWTP's 4.5 mile long outfall (one of the longest in the country) terminates in a dispersement structure that spans a mile across at 320 feet deep (the deepest in the United States). The unique natural ocean environment particular to PLWTP further diffuses any potential discharge impacts. • Optimizing Wastewater Reuse While the original requests from the environmental community included construction of reclaimed water facilities as noted above, subsequent requests included further study of additional water reuse possibilities. These studies were presented in a report entitled, "The Recycled Water Study" (2012). The product of years of collaboration between stakeholders and technical experts, the Recycled Water Study outlines a concept to divert and treat almost 100 mgd of wastewater that would otherwise be treated to secondary level at the PLWTP. This concept would allow the permitted capacity of PLWTP to be reduced and continue treatment at the Advanced Primary Level. Additionally, San Diego constructed a one mgd demonstration projected at North City and pursued studies to determine the feasibility of implementing an indirect potable reuse effort at the San Vicente Reservoir. The demonstration project and studies showed that wastewater could be treated at North City to a level sufficient for safe placement in San Vicente Reservoir and subsequently treated at a water treatment plant to a potable level. Metro JPA Position The current modified permit for PLWTP expires on July 31 , 2015. The application for a new permit must be submitted no later than January 2015. Although a waiver was successfully secured in 2010, the Coastal Commission indicated that another waiver would be highly unlikely (see Attachment 1). Additionally, all remaining large wastewater treatment plants previously allowed to operate at less than a secondary treatment level have recently been ordered to upgrade to secondary treatment regardless of individual circumstances and cost. In 2013, San Diego staff indicated that they would likely pursue another waiver. Metro JPA and staff met in June 2013 to review the situation and discuss options. Metro JPA determined that it was in the best interest of ratepayers to pursue permanent acceptance of PLWTP at a smaller capacity. The alternative was to risk a failed waiver application and a regulatory directive to proceed with immediate conversion of PLWTP to full secondary treatment at an estimated cost of $2.1 billion. Chula Vista's share of the cost would be about 10%. The Metro JPA felt that an expenditure of this magnitude was unnecessary and should not be imposed upon the ratepayers. Separately, San Diego was preparing to recommend that its 1 mgd water purification project be expanded to a 15 mgd plant. While such a project would certainly benefit local water supply, the cost of this project would be in addition to the estimated cost to convert PLWTP to secondary treatment. In the Metro JPA's estimation, the most prudent and cost-effective course of action would be to pursue a larger water purification project which would have the dual benefit of diverting approximately 100 mgd from PLWTP while creating an additional local water supply. This strategy of potable reuse of wastewater has been named the Pure Water San Diego program (Pure Water). The goal of Pure City of Chula Vista Page 4 of 6 Printed on 9/19/2014 2014-09-23 Agenda Packet powered by Leg age 141 File#: 14-0548, Item#: 9. Water is to invest an estimated $1.8 billion to create a new potable water source of approximately 83 mgd from reuse of wastewater diverted away from PLWTP. This would be in lieu of a $2.1 billion investment that would only bring PLWTP to secondary treatment and still discharge all treated water to the ocean. Again, Chula Vista's share of any improvement selected would be approximately 10% of the total costs. The Metro JPA initiated an extensive series of meetings with San Diego and member agency City Councils and Boards of Directors; individual Councilmembers and Water District Board Members; federal, state and local legislators, environmental stakeholders; business groups; advocacy groups and many others to generate support for Pure Water. Additionally, the Metro JPA submitted a letter outlining its position to San Diego decision makers (see Attachment 2) preparing to provide direction at a July 31, 2013 meeting. Chula Vista has been an active participant in these regional efforts, with Mayor Cheryl Cox as the Metro JPA Chairperson and Public Works Director, Mr. Richard Hopkins, as the City's representatives. As a result of all these efforts, San Diego staff revised their recommendation to reflect the Metro JPA's position supporting Pure Water (see Attachment 3). San Diego's Committee on the Environment adopted the revised recommendation at their July 31, 2013 meeting. Current Circumstances San Diego staff, in a combined effort with PA staff, the Metro Steering Committee, Metro Commissioners, environmental and other stakeholders are scheduled to submit the National Pollutant Discharge Elimination System (NPDES) Permit Application in January 2015 (Application). The Application includes the outline of the successor legislation to OPRA cited as the "Ocean Pollution Reduction Act II" (OPRA II) (See Exhibit A). OPRA II will continue the successful strategies and improvements initiated under OPRA. OPRA II will provide a framework for further enhancements to the City's water and wastewater systems, increase potable water reliability, and provide meaningful environmental protection. It will also officially allow PLWTP to remain as a chemically enhanced primary treatment plant by achieving the specific goals outlined in the Application. The Application will comply with standard legal requirements of previous permits (Clean Water Act Section 301 h and Clean Water Act Section 301 J), outline new enforceable provisions and identify future conceptual goals subject to the approval of the OPRA II legislation. The components and goals in Exhibit B are the basis for the permit application San Diego must file with regulators in January 2015. Initial meetings with regulatory staff indicate a willingness to consider the Pure Water alternative. San Diego will request the Metro Commission's support of the Application and the Pure Water Plan detailed and discussed above at the Commission meeting scheduled on October 2, 2014. A draft resolution has been attached (Attachment 4) for the Metro Commission that supports the above approach. Staff recommends that the City Council adopt our resolution and provide direction to its Metro Commission representative to support Metro's resolution which supports the City of San Diego's Application for the PLWTP. City of Chula Vista Page 5 of 6 Printed on 9/19/2014 2014-09-23 Agenda Packet Page 142 File#: 14-0548, Item#: 9. 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 Plan supports the Economic Vitality goal in the City's Strategic Plan. It provides support of a healthy community by providing new sources of potable water. CURRENT YEAR FISCAL IMPACT There is no impact to the Sewer Fund as a result of this action. ONGOING FISCAL IMPACT Approval of the resolution supporting San Diego's Application for the PLWTP does not have a direct fiscal impact. However, should San Diego's Pure Water efforts be successful, Metro wastewater ratepayers will avoid about $300 million in costs (the current estimated difference between constructing secondary treatment at PLWTP and implementing Pure Water). Additionally, 83 mgd of new local water supply will be developed and could potentially further offset water and/or wastewater costs. It is important to note that the $300 million savings will not result in a lowering of current rates. Rather the avoided cost would lessen the rate increases needed to implement new permit requirements. The costs for the secondary treatment upgrade at PLWTP are projected to be approximately two billion dollars (without financing costs). The City's proportionate share would be about one to two hundred million dollars. Last year, the City Council adopted a five-year plan that would fund about nine million dollars. This should be a solid base from which the City could then bond and further mitigate the impact to our rate payers. Staff will return to Council as more information is available with an implementation plan and to identify the ongoing fiscal impact. ATTACHMENTS Exhibit A Draft Ocean Pollution Reduction ACT II Exhibit B Basis of Point Loma Permit Application Attachment 1 Coastal Commission Letter (October 25, 2012) Attachment 2 Metro JPA Letter to Committee on the Environment (Natural Resources & Culture Committee) (July 29, 2013) Attachment 3City of San Diego Memo, Alternative Recommendation (July 29, 2013) Attachment 4 Draft Metro Commission Resolution Staff Contact: Roberto Yano, Senior Civil Engineer City of Chula Vista Page 6 of 6 Printed on 9/19/2014 2014-09-23 Agenda Packet powered by Leg age 143 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT WHEREAS, the Point Loma Wastewater Treatment Plant(PLWTP) is a regional facility in the Metro Wastewater System, operated by the City of San Diego, permitted to treat 240 million gallons of wastewater per day to an Advanced Primary Level, serving a 12 member Joint Powers Authority that comprises approximately 35% of the total flow in the Metro Wastewater System/PLWTP; and WHEREAS, the Clean Water Act of 1972 requires that wastewater be treated to achieve certain protections before ocean discharge, that wastewater treatment plants be permitted, and that wastewater treatment plant permits be renewed every five years; and WHEREAS, the Ocean Pollution Reduction Act (OPRA) of 1994 allowed the City of San Diego to apply for modified NPDES permits allowing PLWTP to continue operating at an Advanced Primary Treatment Level while meeting or exceeding all general and specifically negotiated regulatory obligations including ocean protection requirements; and WHEREAS, the City of San Diego has 20 years of ocean monitoring data demonstrating that the Advanced Primary PLWTP consistently protects the ocean environment; and WHEREAS, the City of San Diego has determined that instead of converting the Point Loma Wastewater Treatment Plant to a secondary treatment plant, equivalent results can be achieved by offloading wastewater flow from the Plant to other existing and new facilities (secondary equivalency) for potable water reuse; and WHEREAS, the Metro Commission sees the Pure Water Program, the City of San Diego's 20-year program to produce purified water to supplement San Diego's drinking water supply, as a first step toward realizing the possibility of fully utilizing wastewater supplies to maximize development of local water supply while acknowledging that future expansion and ability to minimize flows to wastewater treatment plants will depend on technological and legislative advances, cost benefit analysis, and actual flows compared to projections; and WHEREAS, the strategy of achieving secondary equivalency at the Point Loma Wastewater Treatment Plant through potable reuse of wastewater is included within the Pure Water San Diego program; and WHEREAS, the City of San Diego, the member agencies of Metro Wastewater JPA, members of the Metro Commission, and stakeholders from the environmental community have agreed upon a definition for secondary equivalency and will use their best efforts to have federal legislation passed in accordance with the proposal called the Ocean Pollution Reduction Act II 2014-09-23 Agenda Packet Page 144 (OPRA II). Generally, OPRA II will allow the City's NPDES permit to be based on secondary equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level; and WHEREAS, the current modified permit for the PLWTP expires on July 31, 2015, and City of San Diego staff need to submit an application to renew the NPDES permit by January 30, 2015. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: Section 1: That the Metro Wastewater JPA and Metro Commission support the Point Loma Wastewater Treatment Plant to remain operating at an Advanced Primary Treatment Level. Section 2: That Metro Wastewater JPA and Metro Commission support the concept of secondary equivalency for the Point Loma Wastewater Treatment Plant and support proposing the passage of federal legislation in accordance with the proposal titled the "Ocean Pollution Reduction Act II (OPRA II)," attached hereto as Exhibit "A" and incorporated herein. OPRA II will allow the City's NPDES permit to be based on secondary equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level. Section 3: That Metro Wastewater JPA and Metro Commission support the City of San Diego's NPDES Modified Permit application for the Point Loma Wastewater Treatment Plant as further described in the Basis of Point Loma Permit Application, attached hereto as Exhibit"B" and incorporated herein. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-09-23 Agenda Packet Page 145 OCEAN POLLUTION REDUCTION ACT 11 SECTION 1. SHORT TITLE. This Act may be cited as the"Ocean Pollution.Reduction Act Il," SECTION 2, FINDINGS AND POLICY In 1972, Congress passed the Federal Water Pollution Contr�a� t Amendments, which required Publicly Owned Treatment Works to achieve secondary PRIOR ent capability by 1977. In 1994, the Federal District Court for the Southern DY` rlct ofrnia determined that upgrading the City of San Diego's Point Loma Was tewaament Plan ' econdary treatment level would not be in the public interest, be excessively costly :' ut producing additional environmental benefits, F f �r, ; rear, ° The Point Loma Plant currently meets all the re is�o j secondary treatment except for the removal of total suspended solids and biological o �demand. [ At the direction of Congress, the � MI rental Protectl6j" pcy (EPA)requested that the National Research Council advise the a'g��n. s to imprro astewater management in coastal urban areas. The resulting study, "Maagig �e� at i ,coastal Urban Areas," produced several important f• ings includink, Biological -,en deW d discharges hru a well-designed outfall is generally of no ecologicdl'e� , M in coastal wat6 � , To ended ` cafr yrif: y controlled by advanced primary treatment Zion o f � r Over-control -iculari y along ocean coasts, but nevertheless full secondary /Patment is requ d regal ess of cast or lack of benefits. Past re V by the C , the EPA, the State of California, and scientists affiliated with the Scripps Institi��/ of O nography and the University of California at San Diego, as well as other organizations � ficluded the Point Loma Plant does not have a significant adverse impact on the ocean er# onment. The ocean outfall for the Point Loma Plant discharges effluent 4.5 miles from the coast at a depth of over 300 feet, one of the longest and deepest in the world. Implementing full secondary treatment at the Point Loma Plant will cost approximately $2.1 billion. - OPRA 11 Legislation Exhibit A 2014-09-23 Agenda Packet Page 146 Implementing full secondary treatment is contrary to the national interest, in that it will compromise views from the Cabrillo National Monument and interfere with the Navy's use of adjacent property. The City generates all the energy it needs to operate the Point Loma Plant onsite through co-generation. Implementing full secondary treatment will turn a "green" facility into one of the region's largest energy consumers, requiring the purchase of over $17 million each year in electricity and producing more than 100,000 tons of greenhouse gas emissions annually. Implementing full secondary treatment at the Point Loma Pl4fil wilNequire removal of 1,250,000 tons of earth from environmentally sensitive habitat iately adjacent to the Point Loma Ecological Reserve. Recognizing the unique situation surrounding th soma Plan ;r ;egress adopted the Ocean Pollution Reduction Act of 1994 (OPRA). F"RA allowed the Poi r a Plant to avoid conversion to full secondary treatment and ` d operatQ,under a modi 1' it of according to standards contained in OPRA and sectiof 1(h} o. .,&e Clean Water The City has complied with all requirements of O `fnd the results have been significant, including reduction in the dis'ge of total suspd solids and biological oxygen �1`�sra demand, advanced ocean monitoring, and';r t' of 45 rn �a ions per day of reclaimed water capacity at a cost of approximately$ a Successor legislatio PRA will caal�z on thrd of improvements initiated r . under OPRA and provide •` prk for furth enhancem nts to the City's water and wastewater systems, rr eased p`t e water relizlity, and additional meaningful environmental protcc �., r The C comple VttF � on Demonstration Project showing that municipal �succ� ly be treated to levels suitable for potable reuse. The City f coin let' Recyclec IN,, Stu •20 2 describing how wastewater can be diverted from the p � ma Plant to n atme ihhes to generate water suitable for potable reuse. Through 1 nstruction aVera ti i'•`of new treatment facilities,the City can reduce the total suspended 3 ,� discharged he Point Loma Plant to the same or lower levels as would be achieved by i}� Afu'enting secondary treatment, while creating an important new local 'T01/1, _ source of water. The City curre relies on imported water for over 85% of its water supply. A new local source of water can significantly reduce the environmental impacts of importing water to San Diego from the Colorado River and the California Bay-Delta by offsetting the City's demand for imported water. Due to severe drought in California, the 2014 water allocation from the State Water Project is only 5% of normal, forcing water agencies to draw down water reserves, implement mandatory conservation measures, and search for new, dependable sources of water. OPRA All Legislation Exhibit A 2014-09-23 Agenda Packet Page 147 SECTION 3. SAN DIEGO SECONDARY TREATMENT EQUIVALENCY. Section 3010)(5) of the Federal Water Pollution Control Act (33 U.S.C, 13110)(5)) is amended to read as follows: (5) SAN DIEGO SECONDARY TREATMENT EQUIVALENCY. (A) IN GENERAL.Notwithstanding anything to the contrary in the Federal Water Pollution Control Act or the Coastal Zone Management Act, 7AS's plicati on for the Point Loma Wastewater Treatment Plant shall be reviewed and prcs the equivalent of an application for a secondary treatment discharge pursuubsection(b)(1)(B) and section 402 of the Federal Water Pollution Control Ac/6011 ro �dthat the application includes a commitment to: , i maintain a deep ocean outfall fro4,AC60point Loma Waste Treatment Plant with a discharge depth of n0 jo an 300*het. WIN, OFF �,. s r�� (ii) discharge no more than 12,000 metrl ,s t suspended si6lids per year commencing on December 31, 2015, no mo 11,500 metric tons of;total suspended solids per yeah;; encing on Deb r 31, 2025, and no more than 9,942 metric tons of total solids per ye encing on December 31, 2027. (iii) dischar m ore t a cd� tation milligrams per liter of total W suspende PUrNzRulated as a rk y day average. elf, (iv) f o less'`an 80% of tota s spended solids on a monthly average, and no less th cal oxygdemand on an annual average, from AE �r ater fl`6. `�bu � , nt Loma Plant. Wastewater flow is tributary to - oxna if it is discharged into the applicant's wastewater system, or applicant's wastewater o into anytewate em connected to the app system, excluding water ¢ ` treated and discharged from facilities separately ermitted un Nfsectia.: 402. eet all otr, effluent limitations of secondary treatment, as defined by the APd " trat ursuant to section 304(d)(1), except for effluent concentration p any limits o ogical oxygen demand. (vi) comply with federal anti-degradation policy as determined by the Administrator. [ E (vii) perform ocean monitoring that meets or exceeds the Administrator's requirements for section 301(h) dischargers. (B) POTABLE REUSE. To be eligible to submit an application under this paragraph, the applicant must demonstrate to the satisfaction of the Administrator that to the extent OPRA II Legislation Exhibit A 2014-09-23 Agenda Packet Page 148 it potable reuse is permitted by federal and state regulatory agencies, at least 83 million gallons per day of water suitable for potable reuse on an annual average will be produced by December 31, 2035, from wastewater in the applicant's wastewater system and wastewater systems connected to the applicant's wastewater system as of the date of this Act. The Administrator shall determine development milestones necessary to ensure compliance with this paragraph and include said milestones as conditions in each permit issued prior to December 31, 2035. (C) PREVIOUS OCEAN MONITORING DATA. The.applica ust demonstrate to the satisfaction of the Administrator that the applicant has perfo d monitoring that meets or exceeds the requirements for section 3 01(h) discharge t least the last 10 years. (D) PENDING APPLICATIONS. Any application or' e PoirF° `> a Wastewater c` hall be rued and processed Treatment Plant pending on the effective date ofd,:� � p under this paragraph. , (E) SECONDARY TREATMENT. Noth ng` Actl prevent the cant from submitting an application for the Point Loma Vs `;er Try tment Plant that complies with secondary treatment pursuant to subsection (b ) and section 402 �%so/ � / ; M&I V. �e t 00 ... ...... ..... . ............ . ..... E f OPRA II Legislation Exhibit A 2014-09-23 Agenda Packet Page 149 i Exhibit B September 11,2014 Summary of the Basis of the Application for the Point Loma Wastewater Treatment Plant 2415 NPDES Modified Permit Renewal The application will be based on: a. Compliance with CWA section 301(h) requirements for waivers. (required) b. Compliance with CWA section 301(1)requirements(Ocean Pollution Reduction Act). (required) c. Point Loma will remain as an Advanced Primary Treatment Plant with a capacity of 210 mgd. d. It will also contain specific provisions voluntarily included to enhance the application: These include the following provisions that would be included in the final modified NPDES permit as program goals,as well as some enforceable permit requirements. e. The goals related to water produced will be calculated based on wastewater in the applicant's wastewater system and wastewater systems connected to the applicant's wastewater system: Task Date(Not later than) New Permit Enforceable Provisions I Cap total suspended solids mass emission at 12,000 metric tons/year December 31, 2015 Issue Notice of Preparation for a programmatic EIR January 31, 2015 Publish draft programmatic EIR for public review January 31, 2017 Issue NTP for final design of 15 mgd pipeline from NCWRP to San Vincente Reservoir January 31, 2017 Issue NTP for final design of 15 mgd NCWRP potable reuse May 31, 2017 Certify final programmatic EIR January 31, 2018 Complete design of 15 mgd pipeline from NCWRP to San Vincente Reservoir October 31,2019 Complete design of 15 mgd NCWRP potable reuse January 31, 2020 Goals subject to,approval of OPRA II legislation Produce at least 15 mgd of potable reuse water December 31,2023 Cap total suspended solids mass emission at 11,500 metric tans/year December 31,2025 Produce a cumulative total of at least 30 mgd of potable reuse water December 31,2027 Cap total suspended solids mass emission at 9,942 metric tons/year December 31,2027 Produce a cumulative total of at least 83 mgd of potable reuse water December 31,2035 I i 2014-09-23 Agenda Packet Page 150 I ATTACHMENT I i STATE OF CALIFORNIA-NATURAL RESOURCE8.AGENCY EOIV6UNOEi.6ROWN,Gn1qu,�pr € CALIFORNIA COASTAL COMMISSION 48 PREMONI•STREOT,6UITH 2000 SAN FRANCISCO, OA 94145-4419 VOICE AND TIM(05)904$200 October 25,2012 The Honorable Jerry Sanders,Mayor of City of San Diego j City Administration Building 202 C St,, 11th Floor San Diego,CA 92101 Members of City Council City of San Diego City Administration Building 202 C Street,MS#10A San Diego,CA 92101 Re: City of San Diego, Secondary Treatment Waiver i Dear Mayor Jerry Sanders and Members of City Council. On October 10,2012,the City of San Diego(City)briefed the California Coastal Commission (Commission) on the status of its ongoing efforts to pursue wastewater reclamation and recycling. This briefing,which summarized the City's July 17,2012,Recycled Water Study,was intended to satisfy the condition adopted by the Commission in its October 7,2009,conditional concurrence with the City of San Diego's consistency certification for its most recent secondary treatment waiver for the Point Loma Wastewater Facility(Consistency Certification CC-056-09).Prior to the Commission's October 7,2009,conditional concurrence,on August 13,2009,the Commission had objected to the City's earlier consistency certification for this same secondary treatment waiver(CC- 043-09). In response to the City's briefing last weep,the Commission expressed appreciation-for the City's efforts taken and commitments made to date. However,the Commission also expressed significant concern that the City has not yet:committed to milestones and.implementation schedules that would enable the City to end the pursuit of future secondary treatment waivers.The Commission requested that 1 send you this letter to communicate its sense of the urgency on this matter, Because the City's current waiver will expire relatively soon(on July 31,2015),the concern expressed was that it is incumbent on the City to immediately accelerate its planning and implementation efforts bofore this deadline occurs, and that short of that,tho Commission would again consider objecting if the City pursues another waiver beyond this deadline. It was also observed that due to historically low current;interest rates, the current econornic climate is particularly conducive to the issuance of construction'bonds to pay for the types of expanded wastewater and recycling facilities outlined in the City's Recycled Water Study. Page 7 of 15 July 15, 2014 Item#4.2 2014-09-23 Agenda Packet Page 151 E The Honorable:Jerry Sanders and Members of City Council October 25,2012 Page 2 Finally,the Commission urged the City to commit to clearer and more expedited implementation measures, including specifzc;enforceable,and realistically implementable timetables and milestones to-assure that the City's discharges will be brought into compliance with the secondary treatment requirements of the Clean Water Act,compliance that has now either been achieved,or is on a defined path to assure such achievement,by every other municipal sewage treatment facility in California, as well as by every other large city in the nation. The Commission staff shares these important concerns,and on behalf of the Commission,we stand ready to assist the City in any necessary planning,coastal permitting,or federal consistency review needed to help expedite implementation. Please feel free to contact.Mark Delaplaine, the Commission's Federal Consistency Manager,at(415)904-5299,Jack Gregg,the Commission's Water Quality Manager, at(415)904-5246,or Deborah Lee,the Commission's San Diego District Manager,at(619)767-2370,if you have any questions regarding this matter. Sincerely, CHARLES F.LESTER Executive Director cc: Coastal Commission CCC, San Diego District Alexis Strauss,EPA,Region IX David Gibson,Executive Officer,RWQCB,San Diego Region Tom Howard;Executive Director,SVVRCB City of Sang Diego,Public-Utilities Department Honorable Jan Goldsmith,San Diego City Attorney Honorable Bob Filner Jay Goldstone, Chief Operating Officer,City of San Diego Andrea Tevlin,Independent Budget Analyst Megan Baehrens,Executive Director, San Diego Coastkeeper Bruce Bell,President,Carpenter Environmental Associates,Inc. Julia Chuna-Neer,Representative, Surfrider Foundation Marco Gonzalez, Chairperson, Coast Law Group,LLP Dawn Gaeadert, Representative,Surfrider Foundation Scott Huth,Past Chairperson,Metro-TAC Karyia Keese,Representative,Metro-TAC/Atldm Jim Peugh,Past Chairperson,IROC Bruce Reznik,Executive Director,Planning&Conservation League Toby Roy,Representative, San Diego County Water Authority Jill Witkowski,Representative,San Diego Coastkeeper I I Page 8 of 15 July 15, 2014 Item #4.2 2014- age 152 METRO WASTEWATER J P July 29, 2013 Counclimember David Alvarez,Chair Natural Resources&Culture Committee City of San Diego 202 C Street San:Diego,CA 92101 Dear Co unciimem ber Alvarez, This letter is sent on behalf of the Metro Wastewater JPA regarding the City of San Diego Advanced Water Purification Demonstration Project scheduled for discussion at the July 31, 2013 meeting of the Natural Resources&Culture Committee. The Metro Wastewater JPA is a coalition of municipalities and special districts In the southern and central portions of San Diego County that share In the use of the City of San Diego's regional wastewater collection and treatment facilities. This coalition represents 35% flow and a $65 million annual budget in relation to the Metro wastewater system. The JPA member agencies include the cities of Chula Vista, Coronado, Del Mar, El Cajon, Imperial Beach, La Mesa, National City and Poway; the Lemon Grove Sanitation District; the Padre Dana'Municipal and Otay Water Districts; and the County of San Diego on behalf of the County Sanitation Districts. We applaud the City of San Diego and Its staff for the recent success of the Advanced Water Purification Demonstration Project and associated progress on the legislative front. This accomplishment establishes . wastewater reuse as a critical component of the region's future water supply.As a result,we respectfully request the Cordmlttee's support for a broader effort to include the following; I 1. That staff, In partnership with stakeholders,undertake a process to create a Long-Range Regional Water Reuse Program that includes water reuse options beyond a single facility, incorporating the most cost effective possibilities within Metro's service boundary thus-maximizing opportunities to create new, local sustainable water supply while at the same time significantly,reducing Point Loma Wastewater Treatment Plant flows. 2. That staff, In partnership with stakeholders, pursue legislation to permit a smaller, secondary equivalent Point Lorna Wastewater Treatment Plant that continues to protect the ocean environment but avoids billions of dollars in unnecessary capital, financing, energy and operating costs.associated with an upgrade to Secondary Treatment. Future steps would include participation of the San Diego County Water Authority to ensure that water supply planning Incorporates expanded water 'reuse opportunities, and coordinated multi agency legislative outreach to Implement a plan that might serve as a model of fiscal and environmental stewardship for the state and nation. Page 9 of 15 July 15, 2014 Item #4.2 2014-09-23 Agenda Packet Page 153 Councilmember David Alvarez Advanced Water Purification Project July 29,2013 Thank you for considering the Metro JPXs request that hopes to create a true alliance between the City of San Diego, member agencies, and'environmental and ratepayer stakeholders to realize the maximization of water reuse to the benefit of our region's ratepayers and the environment, Respectfully, Cheryl Cox Chair, Metropolitan WastewaterJPA Mayor,City of Chula Vista Attachment c: Metropolitan Wastewater Joint Powers Authority Board Members and Agency Councils and Boards Metropolitan Wastewater Joint Powers Authority"technical Advisory Committee.Members Members of the Independent Rate Oversight Committee Walt Ekard,City of San Diego, Chief Operating officer Roger Bailey, Director,City of San Diego Public utilities Department Ann Sasaki,Assistant Director,City of San Diego Public Utilities Department Marsl Steirer, Deputy Director,City of San Diego Public Utilities Department i i I Page 10 of 15 July 15, 2014 Item #4.2 2014-09-23 Agenda Packet Page 154 i b� THI;CITY or SAN DIEGO MEMORANDUM DATE: July 29,2013 TO: Honorable Councilmember David Alvarez,Chair,Natural Resources&Culture Committee FROM: Marsi A. Steirer,Deputy Duector,Public Utilities Department, Long-Range Planting and Water Resources Division sumo: 2012 Long-Mange Water Resources Plan—Alternative Recommendation We would like to request that an alternative motion be added to the adoption of Council Action- Resolutions R-2414-11 and R-201412(attached)to.adopt the Final Draft of the 2012 tong- Range Water Resources Plan(LRWRP). The LRWRP has been a lengthy process that utilized various studies, including the Recycled Water Study and the Demonstration Project Report, to identify water resource options that were included in the report. The LRWRP report was finalizcd earlier this calendar year, and it contains the following implementation recommendation; Near Term.Actions(2013—2020)_ Additional Active Conservation-20,900 Acre-Feet a Year(AFY)/ 18.7 million gallons'a day(mgd) I Rainwater Harvesting—420 AFY/ ,38 zngd Groundwater Supply—up to 4,000 AFY/3.57 ingd Indirect Potable Reuse(1FR)— 16,800 AFY/ 15 mgd Lan -Teem Measures Lif warranted' 2020-2035 Indirect Potable Reuse Phases 2&3 —76,160 AFY/68 mgd Additional groundwater-- 10,000 AFY/8.93 mgd Page 11 of 15 July 15, 2014 Item #4.2 2014-09-23 Agenda Packet Page 155 i Page 2 Honorable Councilmember David Alvarez July 29,2012 Given the length of time necessary to plan,design and construct Potable Reuse facilities, combined with the City Council direction on April 23,2013 to determine a preferred implementation plan and schedule that considers potable reuse options for maximizing local water supply and reduces flows to Point Loma Wastewater Treatment Plant,the Public Utilities Department is recommending the City Council consider an alternative motion that would grant planning level approval to pursuing all three Phases of IPR, This motion contains the same water resource options listed above under"Near Tenn Actions,"although it increases the amount of OR from I5 to 83 mgd. Alternative Motion for the 2012.LRW.RP; Additional Active Conservation-20,900 Acre Feet a e Y ar/ 183 mgd g Rainwater-Harvesting—420 AFY/.38 mgd Groundwater Supply—up to 4,000 AFY/3.57 nigd Indirect Potable Reuse(IPR)—92,960 AFY/83 mgd(for all 3 phases) Should the City Council vote to approve the proposed Alternative Motion,the final 2012 LRWRP document wil l be modified to reflect this action. Should you have any questions or concerns,I can be reached at(619) 533-4112, or by email at msteirer@sandiego.gov, Marsi A. Steirer Deputy Director SB/tm I ce: Honorable NR&C Committee members Honorable City Attorney Jan Goldsmith i Attachments: 1. Resolution R-2014-11 2, Resolution R-201412 i I • i Page 12 of 15 .Daly 15, 2014 Item #4.2 2014-09-23 Agenda Packet Page 156 ' I COUNCIL ACTION EXECUTIVE SUMMARY SHEET CITY OF SAN DIEGO DATE: 06107/2013 ORIGINATING DEPARTMENT: Public Utilities- Water SUBJECT: 2012 Long-Range Water Resources Plan(LRWRP) COUNCIL DISTRICT(S): All CONTACTIPHONE NUMBER,Gcorgo Adrian/619-533-4680, M.S. 906' l f DESCRIPTIVE SUMMARY OF ITEM: This action is to adopt the 2012 Long-Range Water Resources Plan(LRWRP) in fulfillment of the Council action regarding the LRWRP in 2009. This previous action included elements that directed staff to update the 2002 LRWRP and revist its water resources strategy. STAFF RECOMMENDATION: Approve the requested action, EXECUTIVE SUMMARY OF ITEM BACKGROUND: The City Council adopted the Strategic Plan for Water Supply(Strategic Plan)on August 12, 1997 which included a water resources strategy to meet future water demands through 2015. A changing water supply situation led to a decision by the Public Utilities Department(Department)to update the Strategic Plan and develop a more comprehensive strategy.On December 9, 2002,the City Council adopted the 2002 Long-Range Water Resources Plan(LRWRP),which updated the City's water resources strategy providing direction to pursue additional conservation,recycled water, groundwater,and other water supply options through the planning horizon of 2030: The Department moved. forward to update the LRWRP and prepare the 2010 Urban Water Management Plan(UWMP) in 2009. The City Council approved an agreement with Brown and Caldwell, who sub-contracted tot 002 LRWRP.The ith CDM Smith, to update he Department initiated work on the 2012 2 p LRWRP after the 2010 UWMP was final, and the majority of the work on the Recycled Water Study(RWS),commissioned in 2009 to review maximizing wastewater reuse, was complete as data and technical analyses from both documents were foundational components of the 2012 LRWRP. Like the 2002 LRWRP,the 2012 LRWRP was developed using an open participatory planning process, with input from an I I-member Stakeholder Committee who met over fifteen-months. This committee defined key planning objectives, provided insights and input on planning-level options, reviewed evaluation results, provided suggestions for refinement,and reviewed and provided comments on the final recommendations and report. The 2012 LRWRP is a high-level look at our water supply options(options),.and it evaluates key planning objectives which serve as the major goals or reasons"why"the 2012 LRWRP-was undertaken.The new options came from a variety of sources including the 2002 LRWRP, 2010 UWMP, annual Water Conservation Update,technical groundwater studies and the RWS. Because no one option would be capable of meeting all of the-City's water demands, eight portfolio options were developed and the top three portfolios are. 1. Hybrid I- groundwater; conservation and rainwater harvesting options along with Indirect Potable Reuse(IPR) supply at 16,800 acre-feet per Page 13 of 15 July 15, 2014 Item #4.2 2014-09-2 Agenda Packet Page 157 i year(AFY)or 15 million gallons per day(MGD) 2. Hybrid 2-Additional groundwater,additional IPR supply in two phases at 16,800 AFY (15 MGD)and 56,200 AFY(50 MGD),and rainwater harvesting 3.Maximize Water Use Efficiency- options that increase the efficiency of how water is used in the City's water service area, including conservation, reuse,graywater,and rainwater/stormwater harvesting E The three top-scoring portfolios were evaluated for timing and trade-offs in terins of water supply reliability benefits verses costs.The analysis showed that the resource options included in Hybrid I should be prioritized as "near-term actions"within the 2012-2020 timeframe,and the remaining options under Hybrid 2 should be viewed as long-term actions(2020-2035).These top portfolios were further evaluated regarding their adaptive capabilities in reducing water shortages caused by climate change. The analysis indicated that Hybrid I reduces the City's vulnerability by including more locally sourced water options. Hybrid 2, while costlier,would significantly increase the City's water supply reliability in a changing climate.To provide a flexible strategy that will allow the City to adapt to the future events,the long-term actions identified uncertainty"risk triggers" such as the Bay-Delta fix,direct potable reuse regulations, and groundwater viability. These risk triggers would indicate when and if the City should move forward with some of the additional options included in the hybrid 2 portfolio. The 2012 LRWRP concludes with the following recommendations which summarize the direction the City should take to enhance our water supply reliability: 1.implement additional water conservation, initial groundwater projects, rainwater harvesting, and IPR at 16,800 AFY(Hybrid I portfolio). 2. Implement water supply options from the Hybrid 2 portfolio for the long-term,if uncertainty risk triggers warrant there. 3. Re-assess all uncertainty risk triggers in concurrence with the City's UWMP schedule (2015, 2020,2025,2030, and 2035). 4. Update the entire LRWRP in ten year cycles, starting in 2020. FISCAL CONSIDERATIONS:Not applicable at this time. A.planning level cost analysis of each of the supply options recommended is presented in the 2012 LRWRP Report, EQUAL.OPPORTUNITY CONTRACTING INFORMATION(IF APPLICABLE):Not applicable at this time. PREVIOUS COUNCIL and/or COMMITTEE ACTION(describe any changes made to the item from what was presented at committee): On August 12, 1997, the City Council adopted Resolution(R-289102) approving the Strategic Plan for Water Supply, On December 9, 2002, the City Council adopted Resolution(R-2974$4)approving the 2002 LRWRP. On March 20, 2009,the City Council adopted Resolution (R-304714)authorizing the preparation of the 2012 LRWRP. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS:The stakeholders who participated in the development of the 2012 LRWRP represented many diverse interests. The stakeholders in the 2012 LRWRP included representatives from the Independent Rates i aye 14 of 1 July 15, 2014 Item #4.2 2014- 9-2 Agenda Packet Page 158 I f1 E Oversight Committee, American Planning Association, American Society of Landscape Architects, Building Industry Association, San Diego Regional Chamber of Commerce, San Diego County Taxpayers Association, San Diego Coastkeeper and a City representative to the San Diego County Water Authority Board. The Department plans to add presentations on the 2012 LRWRP to its Speakers Bureau offerings. KEY STAKEHOLDERS AND PROJECTED IMPACTS: City of San Diego citizens and ratepayers, and members of the 2012 LRWRP Stakeholder Committee, Sasaki,Ann Originating Department Deputy Chief/Chief Operating Officer E i i I I Na a 15 of 15 July 15, 2014 Item #4.2 2014-09-�Agenda Packet Page 159 E E RESOLUTION NO. 14- A JOINT RESOLUTION OF THE METRO WASTEWATER JPA AND METRO COMMISSION, SUPPORTING THE CITY OF SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT WHEREAS, the Point Loma Wastewater Treatment Plant (PLWTP) is a regional facility in the Metro Wastewater System, operated by the City of San Diego, permitted to treat 240 million gallons of wastewater per day to an Advanced Primary Level, serving a 12 member Joint Powers Authority that comprises approximately 35% of the total flow in the Metro Wastewater System/ PLWTP; and WHEREAS, the Clean Water Act of 1972 requires that wastewater be treated to achieve certain protections before ocean discharge and the permitting of wastewater treatment plants, and wastewater treatment plant permits must be renewed every five years;'and WHEREAS, the Ocean Pollution Reduct on..Act (OPRA) of 1994 allowed the City of San Diego to apply for modified NPDES permits allowing PLWTP to continue::operating at an Advanced Primary Treatment Level while meeting or exceeding all general "and specifically negotiated regulatory obligations includ'uig ocean protection requirements; and WHEREAS, the City of San Diego has 20 years of ocean monitoring data demonstrating that the Advanced Primary PLWTP consistently protectsthe ocean environment; and WHEREAS, the City of San Diego has:determined that instead of converting the Point Loma Wastewater Treatment Plant to a secondary treatment plant, equivalent results can be achieved by offloading wastewater;flow from the_ Plant to other existing and new facilities (secondary equivalency) for potable water reuse,..and WHEREAS, the Metro Commission sees the Pure Water Program, the City of San [ Diego's 20' year program to produce purified water to supplement San Diego's drinking water supply, as a first step toward realizing the possibility of fully utilizing wastewater supplies to maximize development of local water supply acknowledging that future expansion and ability to minimize flows to wastewater treatment plants will depend on technological and legislative advances, cost benefit analysis arfd actual flows compared to projections; and WHEREAS, the strategy of achieving secondary equivalency at the Point Loma Wastewater Treatment Plant through potable reuse of wastewater has included within the Pure Water San Diego program; and WHEREAS, the City of San Diego, the member agencies of Metro Wastewater JPA, members of the Metro Commission, and stakeholders from the environmental community have agreed upon a definition for secondary equivalency and will use their best efforts to have federal legislation passed in accordance with the proposal called the Ocean Pollution Reduction Act II (OPRA II). Generally, OPRA II will allow the City's NPDES permit to be based on secondary equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level; and 2014-09-23 Agenda Packet Page 160 Resolution No. 14- Page 2 WHEREAS, the current modified permit for the PLWTP expires on July 31, 2015, and City of San Diego staff need to submit an application to renew the NPDES permit by January 30, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of the Metro Wastewater JPA and Metro Commission as follows: Section. l: That the Metro Wastewater JPA and Metro Commission support the Point Loma Wastewater Treatment Plant to remain operating at an Advanced Primary Treatment Level. Section. 2: That Metro Wastewater JPA and Metro Commission support the concept of secondary equivalency for the Point Loma Wastewater Treatment Plant and supports proposing the passage of federal legislation in accordance with the proposal titled the Ocean Pollution Reduction Act II (OPRA II), attached hereto as Exhibit"A" and incorporated herein. OPRA 11 will allow the City's NPDES permit to be based on secondary equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level. Section 3: That Metro Wastewater JPA and Metro Commission support the City of San Diego's NPDES Modified Permit application for the Point Loma Wastewater Treatment Plant as further described in the Basis of Point Loma Permit Application, attached hereto as Exhibit"B" and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Board of the Metro Wastewater JPA and Metro Commission on the day of October, 2014: I AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox, Chair k ATTEST: I Lori Anne Peoples, Secretary 2014-09-23 Agenda Packet Page 161 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0497, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 AUTHORIZED POSITION COUNT FOR THE LIBRARY DEPARTMENT BY ADDING 1 .0 LIBRARIAN I POSITION AND ELIMINATING 1 .0 LIBRARY ASSOCIATE POSITION RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Library currently has 5.00 Librarian 1/11 budgeted positions and 8.5 Library Associate positions. As of August 31 st 2014, one Library Associate position is vacant due to a retirement. The Library would like to replace this vacant Library Associate position with a Librarian I position. This will improve retention of Librarians within the organization, provide adequate Librarian coverage on the schedules, and also aid succession planning within the Library. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, amending the General Fund Budget of the Library Department, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section 15378(b)(2) of the State CEQA Guidelines because it is a personnel/budget related action; 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 The Library Board of Trustees considered this proposal at their meeting on August 20th 2014 and approved this action on the basis that it will improve operations and services with no increase to the library operations budget. DISCUSSION The Chula Vista Library has 5.0 budgeted Librarian 1/11 positions and 8.5 budgeted Library Associate positions. These employees are currently spread across three library locations, which are open a combined total of 160 hours a week. For every hour a library facility is open, a schedule is developed that assigns at least one librarian as a librarian-in-charge. This small number of budgeted Librarian 1/11 positions means that to ensure adequate facility management and supervision, the Library Department must depend on a roster of hourly librarians. Increasingly the Library Department has found that recruitment and retention of hourly librarians is an ongoing challenge, as hourly librarians often pursue full-time opportunities elsewhere. In addition, the small number of Librarian 1/11's on staff will not allow the Library Department to conduct succession planning, if and when senior library staff retires. City of Chula Vista Page 1 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 162 File#: 14-0497, Item#: 10. The annual salary of a Library Associate is $42,054 and the annual salary of a Librarian I is $46,260. The difference in hourly pay between a Library Associate and a Librarian I is $2.03. With the recent retirement of a Library Associate, the Library Department would like to convert this position to a Librarian 1. The annual budgeted difference between the two positions is $4,206 and will be covered by salary savings while the position is vacant and the recruitment takes place. The ongoing fiscal impact in future years will be covered by an offsetting reduction in the Library's budgeted hourly wages. There is therefore no ongoing fiscal impact to the Library's operating budget. 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 the California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, not 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. Converting a Library Associate position to a Librarian 1/11 position supports the goal of Operational Excellence, as it will ensure that the Library can provide professional librarians in each library facility as librarians-in- charge, capable of assuming responsibility for facility management and daily supervision. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact as the difference in annual salary between a Library Associate and a Librarian I will be covered by at least one month of salary savings. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the Library Department's operating budget as the difference in salary costs associated with making this staffing change will be covered by a corresponding reduction in the Library's allocation for hourly employee's wages. Staff Contact: Stephanie Loney, Principal Librarian City of Chula Vista Page 2 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 163 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-15 AUTHORIZED POSITION COUNT FOR THE LIBRARY DEPARTMENT BY ADDING 1.0 LIBRARIAN I POSITION AND ELIMINATING 1.0 LIBRARY ASSOCIATE POSITION WHEREAS, the Chula Vista Library has 5.0 budgeted Librarian I/II positions and 8.5 budgeted Library Associate positions; and WHEREAS, these employees are currently spread across three library locations, which are open a combined total of 160 hours a week; and WHEREAS, to ensure adequate facility management and supervision, the Library Department must depend on a roster of hourly librarians; and WHEREAS, increasingly the Library Department has found that recruitment and retention of hourly librarians is an ongoing challenge, as hourly librarians often pursue full-time opportunities elsewhere; and WHEREAS, with the recent retirement of a Library Associate, the Library Department would like to convert this position to a Librarian I; and WHEREAS,by converting a Library Associate position within the library to a Librarian I the Library will be able to conduct succession planning; and WHEREAS, the annual budgeted difference between the two positions is $4,206 and will be covered by salary savings this year(2014)while the position is vacant; and WHEREAS, the ongoing fiscal impact in future years will be covered by the Library's budgeted hourly wages and the Library's budget adjusted accordingly to reflect this change. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the fiscal year 2014-15 authorized position count for the Library Department by adding 1.0 Librarian I position and eliminating 1.0 Library Associate position. Presented by Approved as to form by Betty Waznis, Glen R. Googins Library Director City Attorney 2014-09-23 Agenda Packet Page 164 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0503, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA OR ITS DESIGNEE TO ENTER INTO A SOLE SOURCE PURCHASE WITH PIERCE MANUFACTURING FOR THE ACQUISITION OF A PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Fire Department delivers Fire and Emergency Medical Services to residents, visitors, and employees every day. The Department's primary emergency response vehicle is a Pierce Triple Combination Pumper/Fire Engine. Staff is requesting authorization to enter into a sole source purchase with Pierce Manufacturing for the acquisition of a Pierce Triple Combination Pumper/Fire Engine to replace an existing front line Pumper, which will be placed into reserve status. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act [CEQA] and has determined that the activity is not a "Project"as defined under Section 15378(b)(2) of the State CEQA Guidelines because it involves only the authorization to purchase a vehicle which is an on-going administrative and maintenance activity; therefore, pursuant to Section 15060[c][3] of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Fire Department responds to Fire and Emergency Medical incidents both within and out of the City of Chula Vista twenty-four hours a day 365 days a year. The Department's primary response vehicle is a Pierce Triple Combination Pumper/Fire Engine of which the Department staffs eight daily. The Fire Department also staffs two Pierce 100 foot Aerial Ladder Trucks, a Pierce Type III Heavy Rescue, one International Navistar Brush Engine and two Chevrolet Suburban Command Vehicles. The Department's reserve fleet consists of three Seagraves Open Cab Style Engines and one Smeal 100 foot Aerial Ladder Truck. National Fire Protection Association (NFPA) Standard 1901 is the regulation that governs Automotive Fire Apparatus. NFPA 1901 requires fire apparatus be placed in front line (primary) response status for 15 years, and then in reserve status (back-up) for 10 years for a total of 25 years of service. In January of 2014 City Council approved the lease purchase agreement to acquire a new Pierce City of Chula Vista Page 1 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 165 File#: 14-0503, Item#: 11. Triple Combination Pumper/Fire Engine. As a result of this purchase the department will move one of the current front line apparatus into the reserve fleet. This additional apparatus will replace one front line Pierce Triple Combination Pumper/Fire Engine that has been in service for 14 years. This apparatus will be moved to the reserve fleet, greatly enhancing both the primary and reserve apparatus availability. This purchase is a sole source purchase through Pierce Manufacturing. The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: Providing the same type of emergency response apparatus is critical in order to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under duress of emergency response. 2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. 3. Operational Efficiency and interoperability: The City and neighboring fire agencies respond to emergencies together on a daily basis. Interoperability of fire apparatus equipment and training are crucial to our firefighter safety. The fiscal year 2014-2015 adopted budget includes funding in the TUT Common Fund ($481,874) and in the Equipment Vehicle Replacement Fund ($130,000) to purchase a new Pierce Triple Combination Pumper/Fire Engine. The Fire Department is requesting authorization to enter into a sole source purchase with Pierce Manufacturing for the acquisition of a Pierce Triple Combination Pumper/Fire Engine in the amount of $611,874. This new fire apparatus will help to increase the reliability of the Fire Department's current fleet (less downtime for mechanical issues), provides a safer response vehicle than the existing fleet (enclosed cab, and safety striping), and is more fuel efficient. 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 of 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. This resolution meets the goals of Operational Excellence and Healthy Community. Updating our current fleet of fire apparatus will allow the Fire Department to provide improved service. The new apparatus will assist with response times; improve firefighter safety, and overall operational efficiency. City of Chula Vista Page 2 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 166 File#: 14-0503, Item#: 11. CURRENT YEAR FISCAL IMPACT The total cost to purchase the Fire Engine is $611 ,874; the fiscal year 2014-2015 adopted budget includes funding in the TUT Common Fund ($481 ,874) and in the Equipment Vehicle Replacement Fund ($130,000) to purchase a new Pierce Triple Combination Pumper/Fire Engine. The funding will cover the costs associated with the manufacturing, inspecting, and delivery of a Pierce Triple Combination Pumper/Fire Engine with an estimated delivery date of April 30, 2015. After delivery the fire engine needs to be outfitted with tools and equipment. The fiscal year 2014-2015 adopted budget also includes funding for these costs, estimated at $60,000. There will be no additional fiscal impacts in the current year. ONGOING FISCAL IMPACT The ongoing fiscal impact associated with this purchase will include fleet maintenance, tools, and equipment replacement. This purchase is a replacement apparatus and ongoing costs are included the City's operational budget. ATTACHMENTS Resolution Pierce Manufacturing Quote Pierce Manufacturing Proposal Staff Contact: James Garcia, Deputy Fire Chief City of Chula Vista Page 3 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 167 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA OR ITS DESIGNEE TO ENTER INTO A SOLE SOURCE PURCHASE WITH PIERCE MANUFACTURING FOR THE ACQUISITION OF A PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE WHEREAS, The Fire Department delivers Fire and Emergency Medical Services to the residents, visitors, and employees every day and our primary emergency response vehicle is a Pierce Triple Combination Pumper/Fire Engine; and WHEREAS, the Fire Department is requesting authorization to enter into a sole source purchase with Pierce Manufacturing to purchase a Pierce Triple Combination Pumper/Fire Engine to replace an existing front line Pumper,which will be placed into reserve status; and WHEREAS, the total cost to purchase the Fire Engine is $611,874, which will be paid with funds already included in the FY2014-2015 adopted budget; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby authorize the City of Chula Vista or its designee to enter into a sole source purchase with Pierce Manufacturing for the acquisition of a Pierce Arrow XT Triple Combination Pumper/Fire Engine. Presented by Approved as to form by Jim Geering Glen R. Googins Interim Fire Chief City Attorney 2014-09-23 Agenda Packet Page 168 4Cz •M"_ PERFORM. LIKE NO OTHER. CITY OF CHULA VISTA FIRE DEPARTMENT 100% Pre-Payment Option August 21, 2014 If a 100% pre-payment were made at contract signing, the following discount would be applied to the final invoice: Each Extension One ( 1 ) Pierce Arrow XT Triple Combination Pumper as per enclosed proposal for delivery sum of $ 587,059.00 $ 587,059.00 100% Prepayment Discount $ (22,150.00) $ (22,150.00) APPARATUS COST $ 564,909.00 $ 564,909.00 Sales Tax @ 8.000% $ 45,192.72 $ 45,192.72 Performance Bond $ 1,761.18 $ 1,761.18 California Tire Fee $ 10.50 $ 10.50 TOTAL PREPAY PURCHASE PRICE $ 611,873.40 $ 611,873.40 Less 100% pre-payment at Contract Signing $ 611,873.40 $ 611,873.40 BALANCE DUE AT DELIVERY $0.00 $0.00 100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: a) If your department makes a 100% cash pre-payment at contract signing. b) If your department signs up for a lease-purchase with Oshkosh Capital. This would require no money down and no payments for one (1) year if desired. • Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. • Any item added after this option is elected will come at additional cost and will be added to the final invoice. 2014-09-23 Agenda Packet Page 169 PIERCE MANUFACTURING INC. is pleased to submit a proposal to CITY OF CHULA VISTA for a Pierce® triple combination pumper per your request for quotation. The following paragraphs will describe in detail the apparatus, construction methods, and equipment proposed. This proposal will indicate size, type, model and make of components parts and equipment, providing proof of compliance with each and every item (except where noted) in the departments advertised specifications. PIERCE MANUFACTURING was founded in 1913. Since then we have been building bodies with one philosophy, "BUILD THE FINEST". Our skilled craftsmen take pride in their work, which is reflected, in the final product. We have been building fire apparatus since the early "forties" giving Pierce Manufacturing over 60 years of experience in the fire apparatus market. Pierce Manufacturing has built and put into service more than 51,000 apparatus, including more than 27,000 on Pierce custom chassis designed and built specifically for fire and emergency applications. Our Appleton, Wisconsin facility has over 757,000 total square feet of floor space situated on approximately 97 acres of land. Our Bradenton, Florida facility has 300,000 square feet of floor space situated on approximately 38 acres of land. Our beliefs in high ethical standards are carried through in our commitments to all with whom we do business and our ethical standards do not change. Honesty, Integrity, Accountability and Citizenship are global tenets by which we all live and work. Consequently, we (nor our parent company) engage in or have been convicted of price fixing, bid rigging, or collusion in any domestic or international fire apparatus market. Pierce has only one brand of fire apparatus "Pierce", ensuring you are receiving top of the line product that meets your specification. In accordance with the current addition of NFPA 1901 standards, this proposal will specify whether the fire department, manufacturer, or apparatus dealership will provide required loose equipment. Images and illustrative material in this proposal are as accurate as known at the time of publication, but are subject to change without notice. Images and illustrative material is for reference only, and may include optional equipment and accessories and may not include all standard equipment. GENERAL DESIGN AND CONSTRUCTION To control quality, ensure compatibility, and provide a single source for service and warranty, the custom cab, chassis, pump module and body will be entirely designed, assembled/welded and painted in Pierce owned manufacturing facilities. This includes, but not limited to the cab weldment, the pumphouse module assembly, the chassis assembly, the body and the electrical system. QUALITY AND WORKMANSHIP Pierce has set the pace for quality and workmanship in the fire apparatus field. Our tradition of building the highest quality units with craftsmen second to none has been the rule right from the beginning and we demonstrate that ongoing commitment by: Ensuring all steel welding follows American Welding Society D1.1-2004 recommendations for structural steel welding. All aluminum 8/28/2014 1 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 170 welding follows American Welding society and ANSI D1.2-2003 requirements for structural welding of aluminum. All sheet metal welding follows American welding Society B2.1-2000 requirements for structural welding of sheet metal. Our flux core arc welding uses alloy rods, type 7000 and is performed to American Welding Society standards A5.20-E70T1. Furthermore, all employees classified as welders are tested and certified to meet the American welding Society codes upon hire and every three (3) years thereafter. Pierce also employs and American Welding Society certified welding inspector in plant during working hours to monitor weld quality. Pierce Manufacturing operates a Quality Management System under the requirements of ISO 9001. These standards sponsored by the International Organization for Standardization (ISO) specify the quality systems that are established by the manufacturer for design, manufacture, installation and service. A copy of the certificate of compliance is included with this proposal. In addition to the Quality Management system, we also employ a Quality Achievement Supplier program to insure the vendors and suppliers that we utilize meet the high standards we demand. That is just part of our overall "Quality at the Source" program at Pierce. To demonstrate the quality of our products and services, a list of at least five (5) fire departments/municipalities that have purchased vehicles for a second time is provided. DELIVERY The apparatus will be delivered under its own power to insure proper break-in of all components while the apparatus is still under warranty. A qualified delivery representative shall deliver the apparatus and remain for a sufficient length of time to instruct personnel in proper operation, care and maintenance of the equipment delivered. MANUAL AND SERVICE INFORMATION At time of delivery, complete operation and maintenance manuals covering the apparatus will be provided. A permanent plate will be mounted in the driver's compartment specifying the quantity and type of fluids required including engine oil, engine coolant, transmission, pump transmission lubrication, pump primer and drive axle. SAFETY VIDEO At the time of delivery Pierce will also provide one (1) 39-minute, professionally produced apparatus safety video, in DVD format. This video will address key safety considerations for personnel to follow when they are driving, operating, and maintaining the apparatus, including the following: vehicle pre- trip inspection, chassis operation, pump operation, aerial operation, and safety during maintenance. PERFORMANCE TESTS A road test will be conducted with the apparatus fully loaded and a continuous run of no less than ten (10) miles. During that time the apparatus will show no loss of power nor will it overheat. The transmission drive shaft or shafts and the axles will run quietly and be free of abnormal vibration or noise. The apparatus when fully loaded will not have less than 25 percent nor more than 50 percent 8/28/2014 2 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 171 on the front axle, and not less than 50 percent nor more than 75 percent on the rear axle. The apparatus will meet NFPA 1901 acceleration and braking requirements. SERVICE AND WARRANTY SUPPORT Pierce dealership support will be provided by SOUTH COAST EMERGENCY VEHICLE SERVICE by operating a Pierce authorized service center. The service center will have factory-trained mechanics on staff versed in Pierce fire apparatus. The service facility will be located within seventy five (75) miles of the fire department. In addition to the dealership, Pierce has service facilities located in both, Weyauwega, Wisconsin and Bradenton, Florida. Pierce also maintains a dedicated parts facility of over 100,000 square feet in Appleton, Wisconsin. The parts facility stocks in excess of $5,000,000 in parts dedicated to service and replacement parts. The parts facility employs a staff dedicated solely for the distribution and shipment of service and replacement parts. Service parts for the apparatus being proposed can be found via Pierceparts.com which, is an interactive online tool that delivers information regarding your specific apparatus as well as the opportunity to register for training classes. As a Pierce customer you have the ability to view the complete bill of materials for your specific apparatus, including assembly drawings, piece part drawings, and beneficial parts notations. You will also have the ability to search the complete Pierce item master through a parts search function which offers all Pierce SKU's and descriptions offered on all Pierce apparatus. Published component catalogs, which include proprietary systems along with an extensive operators manual library is available for easy reference. Pierce Manufacturing maintains a dedicated service and warranty staff of over 35 personnel, dedicated to customer support, which also maintains a 24 hour 7 day a week toll free hot line, four (4) on staff EVTs, and offers hands-on repair and maintenance training classes multiple times a year. SINGLE SOURCE MANUFACTURER Pierce Manufacturing, Inc. provides an integrated approach to the design and manufacture of our products that delivers superior apparatus and a dedicated support team. From our facilities, the chassis, cab weldment, cab, pumphouse (including the sheet metal enclosure, valve controls, piping and operators panel) and body will be entirely designed, tested, and hand assembled to the customer's exact specifications. The electrical system either hardwired or multiplexed, will be both designed and integrated by Pierce Manufacturing. The warranties relative to these major components (excluding component warranties such as engine, transmission, axles, pump, etc.) will be provided by Pierce as a single source manufacturer. Pierce's single source solution adds value by providing a fully engineered product that offers durability, reliability, maintainability, performance, and a high level of quality. Your apparatus will be manufactured in Appleton, Wisconsin. 8/28/2014 3 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 172 COMPARISON REPORT A report will be provided to allow the Sales Representative to compare the options to a previous job. The report will be provided for job 27450TR. SPECIAL INSTRUCTIONS The apparatus being proposed will be designed and built to match the #27450. However, some variation may be necessary due to changes in our manufacturing processes or our product offering. Revisions in NFPA guidelines and/or other regulations may also affect our ability to match the previous unit. NFPA 2009 STANDARDS This unit will comply with the NFPA standards effective January 1, 2009, except for fire department directed exceptions. These exceptions will be set forth in the Statement of Exceptions. Certification of slip resistance of all stepping, standing and walking surfaces will be supplied with delivery of the apparatus. A plate that is highly visible to the driver while seated will be provided. This plate will show the overall height, length, and gross vehicle weight rating. The manufacturer will have programs in place for training, proficiency testing and performance for any staff involved with certifications. An official of the company will designate, in writing, who is qualified to witness and certify test results. NFPA COMPLIANCY Apparatus proposed by the bidder will meet the applicable requirements of the National Fire Protection Association (NFPA) as stated in current edition at time of contract execution. Fire department's specifications that differ from NFPA specifications will be indicated in the proposal as "non-NFPA". VEHICLE INSPECTION PROGRAM CERTIFICATION To assure the vehicle is built to current NFPA standards, the apparatus, in its entirety, will be third- party, audit-certified through Underwriters Laboratory (UL) that it is built and complies to all applicable standards in the current edition of NFPA 1901. The certification will include: all design, production, operational, and performance testing of not only the apparatus, but those components that are installed on the apparatus. A placard will be affixed in the driver's side area stating the third party agency, the date, the standard and the certificate number of the whole vehicle audit. PUMP TEST Underwriters Laboratory (UL) will test, approved, and certify the pump. The test results and the pump manufacturer's certification of hydrostatic test; the engine manufacturer's certified brake horsepower curve; and the pump manufacturer's record of pump construction details will be forwarded to the Fire Department. 8/28/2014 4 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 173 GENERATOR TEST If the unit has a generator, Underwriters Laboratory (UL) will test, approved, and certify the generator. The test results will be provided to the Fire Department at the time of delivery. BREATHING AIR TEST If the unit has breathing air, Pierce Manufacturing will draw an air sample from the air system and have the sample certified that the air quality meets the requirements of NFPA 1989, Standard on Breathing Air Quality for Fire and Emergency Services Respiratory Protection. INSPECTION TRIPS) The bidder will provide three (3) factory inspection trips for Twelve (12) customer representatives. The inspection trips will be scheduled at times mutually agreed upon between the manufacturer's representative and the customer. All costs such as travel, lodging and meals will be the responsibility of the bidder. AFTERMARKET SUPPORT WEBSITE Pierceparts.com will provide Pierce authorized dealer access to comprehensive information pertaining to the maintenance and service of their customer's apparatus. This tool will provide the Pierce authorized dealer the ability to service and support their customers to the best of their ability with factory support at their fingertips. Pierceparts.com is also accessible to the end user through the guest login. Limited access is available and vehicle specific parts information accessible by entering a specific VIN number. All end users should see their local authorized Pierce dealer for additional support and service. The website will consist of the following screens at the dealer level: My Fleet Screen The My Fleet screen will provide access to truck detail information on the major components of the vehicle, warranty information, available vehicle photographs, vehicle drawings, sales options, applicable vehicle software downloads, etc. Parts Screens The Parts screens will provide parts look-up capability of Pierce Manufacturing sourced items, with the aid of digital photographs, part drawings and assembly drawings. The parts search application will permit the searching of parts by item description or function group (major system category). The parts application will provide the ability to submit electronically a parts order, parts quote, or parts return request directly to Pierce Manufacturing for processing. Warranty Screen The Warranty screens will provide dealers the ability to submit electronically warranty claims directly to Pierce Manufacturing for reimbursement. 8/28/2014 5 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 174 My Reports Screens The My Reports screens will provide access to multiple dealer reports to allow the dealership to maintain communication with the customer on the status of orders, claims, and phone contacts. Technical Support Screens The Technical Support screens will provide access to all currently published Operation and Maintenance and Service Publications. Access to Pierce Manufacturing Service Bulletins and Work Instructions, containing information on current service topics and recommendations will be provided. Training The Training screens will provide access to upcoming training classes offered by Pierce Manufacturing along with interactive electronic learning modules (Operators Guides) covering the operation of major vehicle components will be provided. Access to training manuals used in Pierce Manufacturing training classes will be provided. About Pierce Access to customer service articles, corporate news, quarterly newsletters, and key contacts within the Customer Service Department will be provided. The current Customer Service Policy and Procedure Manual, detailing the operation of the Customer Service group will also be accessible. BID BOND A bid bond as security for the bid in the form of a 10% bid bond will be provided with the proposal. This bid bond will be issued by a Surety Company who is listed on the U.S. Treasury Departments list of acceptable sureties as published in Department Circular 570. The bid bond will be issued by an authorized representative of the Surety Company and will be accompanied by a certified power of attorney dated on or before the date of bid. The bid bond will include language which assures that the bidder/principal will give a bond or bonds, as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of the contract, including the Basic One (1) Year Limited Warranty, and for the prompt payment of labor and material furnished in the prosecution of the contract. Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle will apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle will not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision will prevail. PERFORMANCE BOND, 1 YEAR The successful bidder will furnish a Performance and Payment bond (Bond) equal to 100 percent of the total contract amount within 30 days of the notice of award. Such Bond will be in a form acceptable to the Owner and issued by a surety company included within the Department of Treasury's Listing of 8/28/2014 6 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 175 Approved Sureties (Department Circular 570) with a minimum A.M. Best Financial Strength Rating of A and Size Category of XV. In the event of a bond issued by a surety of a lesser Size Category, a minimum Financial Strength rating of A+ is required. Bidder and Bidder's surety agree that the Bond issued hereunder, whether expressly stated or not, also includes the surety's guarantee of the vehicle manufacturer's Basic One (1) Year Limited Warranty period included within this proposal. Owner agrees that the penal amount of this bond will be simultaneously amended to 100% percent of the total contract amount upon satisfactory acceptance and delivery of the vehicle(s) included herein. Notwithstanding anything contained within this contract to the contrary, the surety's liability for any warranties of any type will not exceed one (1) year from the date of such satisfactory acceptance and delivery, or the actual Basic One (1) Year Limited Warranty period, whichever is shorter. APPROVAL DRAWING A drawing of the proposed apparatus will be prepared and provided to the purchaser for approval before construction begins. The Pierce sales representative will also be provided with a copy of the same drawing. The finalized and approved drawing will become part of the contract documents. This drawing will indicate the chassis make and model, location of the lights, siren, horns, compartments, major components, etc. A "revised" approval drawing of the apparatus will be prepared and submitted by Pierce to the purchaser showing any changes made to the approval drawing. DRAWING, PRELIMINARY LAYOUT, PUMP OPERATOR'S PANEL A detailed drawing, to scale, of the pump operator's panel will be provided for the purpose of illustrating the standard location(s) of controls and discharges on the pump operator's panel. The drawing will not be meant as an approval, or final construction drawing, rather it will be used as an illustration drawing of a standard panel layout. This drawing will include all of the gauges and controls located on the pump operator's panel. FINAL DRAWING There will be a revised drawing of the truck with all the changes made during production provided at pickup. ELECTRICAL WIRING DIAGRAMS Two (2) electrical wiring diagrams, prepared for the model of chassis and body, will be provided. 8/28/2014 7 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 176 ARROW-XTTM CHASSIS The Pierce Arrow-XT is the custom chassis developed exclusively for the fire service. Chassis provided will be a new, tilt-type custom fire apparatus. The chassis will be manufactured in the apparatus body builder's facility eliminating any split responsibility. The chassis will be designed and manufactured for heavy-duty service, with adequate strength, capacity for the intended load to be sustained, and the type of service required. The chassis will be the manufacturer's heavy-duty line tilt cab. WHEELBASE The wheelbase of the vehicle will be 184.50". GVW RATING The gross vehicle weight rating will be 43,840 lbs. FRAME The chassis frame will be built with two (2) steel channels bolted to five (5) cross members or more, depending on other options of the apparatus. The side rails will have a 13.38" tall web over the front and mid sections of the chassis, with a continuous smooth taper to 10.75" over the rear axle. Each rail will have a section modulus of 25.992 cubic inches and a resisting bending moment (rbm) of 3,119,040 in-lb over the critical regions of the frame assembly, with a section modulus of 18.96 cubic inches with an rbm of 2,275,200 in-lb over the rear axle. The frame rails will be constructed of 120,000 psi yield strength heat-treated .38" thick steel, with 3.50" wide flanges. FRAME REINFORCEMENT In addition, a mainframe inverted "L" liner will be provided. It will be heat-treated steel measuring 12.00" x 3.00" x .25". Each liner will have a section modulus of 7.795 cubic inches, yield strength of 110,000 psi, and rbm of 857,462 in-lb. Total rbm at wheelbase center will be 3,976,502 pounds per rail. The frame liner will be mounted inside of the chassis frame rail, beginning at the front edge of the mainframe rail and extending to the rear cab crossmember. FRONT NON DRIVE AXLE The Oshkosh TAK-4® front axle will be of the independent suspension design with a ground rating of 22,800 lb. Upper and lower control arms will be used on each side of the axle. Upper control arm castings will be made of 100,000-psi yield strength 8630 steel and the lower control arm casting will be made of 55,000-psi yield ductile iron. The center cross members and side plates will be constructed out of 80,000-psi yield strength steel. Each control arm will be mounted to the center section using elastomer bushings. These rubber bushings will rotate on low friction plain bearings and be lubricated for life. Each bushing will also have a flange end to absorb longitudinal impact loads, reducing noise and vibrations. 8/28/2014 8 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 177 There will be nine (9) grease fittings supplied, one (1) on each control arm pivot and one (1) on the steering gear extension. The upper control arm will be shorter than the lower arm so that wheel end geometry provides positive camber when deflected below rated load and negative camber above rated load. Camber at load will be zero degrees for optimum tire life. The ball joint bearing shall be of low friction design and be maintenance free. Toe links that are adjustable for alignment of the wheel to the center of the chassis will be provided. The wheel ends will have little to no bump steer when the chassis encounters a hole or obstacle. The steering linkage will provide proper steering angles for the inside and outside wheel, based on the vehicle wheelbase. The axle will have a third party certified turning angle of 45 degrees. Front discharge, front suction, or aluminum wheels will not infringe on this cramp angle. FRONT SUSPENSION Front Oshkosh TAK-4TM independent suspension will be provided with a minimum ground rating of 22,800 lb. The independent suspension system will be designed to provide maximum ride comfort. The design will allow the vehicle to travel at highway speeds over improved road surfaces and at moderate speeds over rough terrain with minimal transfer of road shock and vibration to the vehicle's crew compartment. Each wheel will have torsion bar type spring. In addition, each front wheel end will also have energy absorbing jounce bumpers to prevent bottoming of the suspension. The suspension design will be such that there is at least 10.00" of total wheel travel and a minimum of 3.75" before suspension bottoms. The torsion bar anchor lock system allows for simple lean adjustments, without the use of shims. One can adjust for a lean within 15 minutes per side. Anchor adjustment design is such that it allows for ride height adjustment on each side. The independent suspension was put through a durability test that simulated 140,000 miles of inner city driving. FRONT SHOCK ABSORBERS Heavy-duty telescoping shock absorbers (KONI) will be provided on the front suspension. FRONT OIL SEALS Oil seals with viewing window will be provided on the front axle. 8/28/2014 9 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 178 FRONT TIRES Front tires will be Goodyear 385/65822.5 radials, 18 ply G296 MSA tread, rated for 20,050 lb maximum axle load and 68 mph maximum speed. The tires will be mounted on Alcoa© 22.50" x 12.25" Dura-Bright® polished aluminum disc type wheels with a ten (10) stud, 11.25" bolt circle. REAR AXLE The rear axle will be a Meritor TM, Model RS-23-186, with a capacity of 24,000 lb. TOP SPEED OF VEHICLE A rear axle ratio will be furnished to allow the vehicle to reach a top speed of 68 MPH. REAR SUSPENSION The rear springs will be Standens semi-elliptical, 3.00" x 52.00", 12 leaves main with a ground rating of 27,000 lb. Castings will be used for spring hangers with provisions for lubrication. The grease fittings will be 90-degree type and will be accessible without removing the wheels or cutting any sheet metal. The two (2) top leaves will wrap the forward spring hanger pin and the top leaf will wrap the rear spring hanger pin on both the front and rear suspensions. Kaiser spring pins will be provided, with double figure-eight grease grooves and a layer of electroless nickel plating, 1.0 mil thick, around the entire pin. The bushing that holds the spring pin in place will also have a grease groove. REAR OIL SEALS Oil seals will be provided on the rear axle. REAR TIRES Rear tires will be four (4) Goodyear 12R22.50 radials, 16 ply all season G622 RSD tread, rated for 27,120 lb maximum axle load and 75 mph maximum speed. The tires will be mounted on Alcoa©, Dura-Bright® model, 22.50" x 8.25" polished aluminum disc wheels with a ten (10) stud, 11.25" bolt circle. TIRE BALANCE All tires will be balanced with Counteract balancing beads. The beads will be inserted into the tire and eliminate the need for wheel weights. TIRE PRESSURE MANAGEMENT There will be a VECSAFE LED tire alert pressure management system provided that will monitor each tire's pressure. A chrome plated brass sensor will be provided on the valve stem of each tire for a total of six (6) tires. The sensor will calibrate to the tire pressure when installed on the valve stem for pressures between 20 and 120 psi. The sensor will activate an integral battery operated LED when the pressure of that tire drops eight (8) psi. 8/28/2014 10 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 179 Removing the cap from the sensor will indicate the functionality of the sensor and battery. If the sensor and battery are in working condition, the LED will immediately start blinking. HUB COVERS (FRONT) Stainless steel hub covers will be provided on the front axle. An oil level viewing window will be provided. HUB COVERS (REAR) Stainless steel baby moon covers will be provided over the rear axle hubs. MUD FLAPS Mud flaps with a Pierce logo will be installed behind the front and rear wheels. WHEEL CHOCKS There will be one (1) pair of Ziamatic AC-32, aluminum alloy, Quick-Choc wheel blocks provided. WHEEL CHOCK BRACKETS There will be one (1) pair of Ziamatic QCH-32-H horizontal mounting wheel chock brackets provided for the Ziamatic AC-32 wheel chocks. The brackets will be mounted One (1) forward and one (1) behind rear axle if both under D3 can't be done.. ANTI-LOCK BRAKE SYSTEM The vehicle will be equipped with a Wabco 4S4M, anti-lock braking system. The ABS will provide a four (4) channel anti-lock braking control on both the front and rear wheels. A digitally controlled system that utilizes microprocessor technology will control the anti-lock braking system. Each wheel will be monitored by the system. When any particular wheel begins to lockup, a signal will be sent to the control unit. This control unit then will reduce the braking of that wheel for a fraction of a second and then reapply the brake. This anti-lock brake system will eliminate the lockup of any wheel thus helping to prevent the apparatus from skidding out of control. BRAKES The service brake system will be full air type. The front brakes will be Knorr/Bendix disc type with a 17.00" ventilated rotor for improved stopping distance. The brake system will be certified, third party inspected, for improved stopping distance. The rear brakes will be MeritorTM, Disc Plus, Model EX225 disc operated with automatic slack adjusters and a 17.00" ventilated rotor for improved stopping distance. AIR COMPRESSOR, BRAKE SYSTEM The air compressor will be a Bendix BA-921 with 15.80 cubic feet per minute output at 1,250 RPM. BRAKE SYSTEM The brake system will include: 8/28/2014 11 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 180 - Bendix dual brake treadle valve with vinyl covered foot surface - Heated automatic moisture ejector on air dryer - Total air system capacity of 4,362 cubic inches - Two (2) air pressure gauges with a red warning light and an audible alarm, that activates when air pressure falls below 60 psi - Spring set parking brake system - Parking brake operated by a push-pull style control valve - A parking "brake on" indicator light on instrument panel - Park brake relay/inversion and anti-compounding valve, in conjunction with a double check valve system, will be provided with an automatic spring brake application at 40 psi - A pressure protection valve will be provided to prevent all air operated accessories from drawing air from the air system when the system pressure drops below 80 psi (550 kPa). The air tank will be primed and painted to meet a minimum 750 hour salt spray test. To reduce the effects of corrosion, the air tank will be mounted with stainless steel brackets. - Wabco System Saver 1200 air dryer with spin-on coalescing filter cartridge - 100 Watt Heater BRAKE LINES Color-coded nylon brake lines will be provided. The lines will be wrapped in a heat protective loom in the chassis areas that are subject to excessive heat. AIR INLET/OUTLET One (1) air inlet/outlet will be installed with the female coupling located on the driver side pump panel. This system will tie into the "wet" tank of the brake system and include a check valve in the inlet line and an 85 psi pressure protection valve in the outlet line. The air outlet will be controlled by a needle valve. A mating male fitting will be provided with the loose equipment. The air inlet will allow a shoreline air hose to be connected to the vehicle. This will allow station air to be supplied to the brake system of the vehicle to insure constant air pressure. 8/28/2014 12 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 181 DIAGNOSTIC SOFTWARE WITH HARDWARE Meritor Wabco diagnostic software, Model Toolbox, will be provided. The software will be the most current version available. A universal diagnostic PC-to-vehicle, NEXIQ Technologies, Model 125032, USB Diagnostic Interface Kit will be provided. The kit will include: • One (1) USB data module (w/ Bluetooth connection available) 15' USB data cable 6/9-PIN Y data cable USB RP1210A device driver on CD • Quick start card User manual • Hard-side carrying case. ENGINE The chassis will be powered by an electronically controlled engine as described below: Make:Detroit Diesel Model:DD13 Power:500 hp at 1800 rpm Torque:1650 lb-ft at 1200 rpm Governed Speed:2080 rpm Emissions Level:EPA 2013 Fuel:Diesel Cylinders:Six (6) Displacement:781 cubic inches (12.8L) Starter:Delco 39MT Fuel Filters:Dual cartridge style with check valve, water separator, and water in fuel sensor Coolant Filter:Cartridge style with shut off valves on the supply and return line. The engine will include On-board diagnostics (OBD), which provides self diagnostic and reporting. The system will give the owner or repair technician access to state of health information for various vehicle sub systems. The system will monitor vehicle systems, engine and aftertreatment. The system will illuminate a malfunction indicator light on the dash console if a problem is detected. 8/28/2014 13 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 182 HIGH IDLE A high idle switch will be provided, inside the cab, on the instrument panel, that will automatically maintain a preset engine rpm. A switch will be installed, at the cab instrument panel, for activation/deactivation. The high idle will be operational only when the parking brake is on and the truck transmission is in neutral. A green indicator light will be provided, adjacent to the switch. The light will illuminate when the above conditions are met. The light will be labeled "OK to Engage High Idle." CLUTCH FAN A Horton fan clutch will be provided. The fan clutch will be automatic when the pump transmission is in "Road" position, and fully engaged in "Pump" position. ENGINE DIAGNOSTIC SOFTWARE Detroit Diesel Diagnostic CD software will be provided. The CD software will be the most current version available. A Nexiq Model 125032 hardware kit will also be provided that will connect the computer to the truck. The hardware kit includes: 1. USB Data Module (w/ Bluetooth connection available) 15' USB data cable 6/9-PIN Y data cable USB RP1210A device driver on CD Quick start card User manual Hard-side carrying case ENGINE HEATER A 1,000 watt, 120 volt, immersion type engine heater with thermostat will be installed with the AC power inlet located to the rear of the driver's door. ENGINE AIR INTAKE The air intake with an ember separator will be mounted high on the passenger side of the cab, to the front of the crew cab door. The ember separator is designed to prevent road dirt and recirculating hot air from entering the engine. The ember separator will be easily accessible through a hinged stainless steel grille, with one (1) flush quarter turn latch. EXHAUST SYSTEM The exhaust system will be stainless steel from the turbo to the inlet of the selective catalytic reduction (SCR) device, and will be 5.00" in diameter. The exhaust system will include a diesel particulate filter (DPF) and an SCR device to meet current EPA standards. An insulation wrap will be provided on all exhaust pipe between the turbo and SCR to minimize the transfer of heat to the cab. The tail pipe will be flush with the side of the body, and will discharge the exhaust horizontally. The last 4.00" of the tail pipe will be free of any restriction of hangers or clamps to ensure an easy deployment of an exhaust extraction hose. A tailpipe diffuser will be provided to reduce the temperature of the exhaust as it exits. The diffuser will include a 5.00" diameter tip for connection to an exhaust extraction system. 8/28/2014 14 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 183 Heat deflector shields will be provided to isolate chassis and body components from the heat of the tailpipe diffuser. EXHAUST MODIFICATION The exhaust pipe will be brought out from under the body at a 90 degree angle from the truck. The tail pipe will extend a minimum of 2.00" past the body, adaptable for the Plymovent system. There will be a clearance of 4.00" completely around the pipe once past the side of the body. A stop will be provided on the tail pipe that will prevent the nozzle from sliding too far on. EXHAUST MODIFICATION The tail pipe will terminate as close to the rear axle as possible without creating interference. RADIATOR The radiator and the complete cooling system will meet or exceed NFPA and engine manufacturer cooling system standards. For maximum cooling performance, the radiator core will be made of copper fins having a serpentine design, soldered to brass tubes. The tubes will be welded to brass headers using the patented Beta- Weld process for increased strength, longer road life and solder-bloom corrosion protection. The radiator core will have a minimum frontal area of 1396 square inches. Steel supply and return tanks will be bolted to the core headers and steel side channels to complete the radiator assembly. The radiator will be compatible with commercial antifreeze solutions. The radiator will be mounted in such a manner as to prevent the development of leaks caused by twisting or straining when the apparatus operates over uneven ground. The radiator assembly will be isolated from the chassis frame rails with rubber isolators. The radiator will include an integral deaeration tank, with a remote-mounted overflow tank. For visual coolant level inspection, the radiator will have a built-in sight glass. The radiator will be equipped with a 15 psi pressure relief cap. A drain port will be located at the lowest point of the cooling system and/or the bottom of the radiator to permit complete flushing of the coolant from the system. A heavy-duty fan will draw in fresh, cool air through the radiator. Shields or baffles will be provided to prevent recirculation of hot air to the inlet side of the radiator. COOLANT LINES Silicone hoses will be used for all engine coolant/heater lines installed by Pierce Manufacturing. Hose clamps will be the stainless steel constant torque type to prevent coolant leakage. They will expand and contract according to coolant system temperature thereby keeping a constant clamping pressure on the hose. 8/28/2014 15 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 184 FUEL TANK A 65-gallon fuel tank will be provided and mounted at the rear of the chassis. The tank will be constructed of 12-gauge, hot rolled steel. It will be equipped with swash partitions and a vent. To eliminate the effects of corrosion, the fuel tank will be mounted with stainless steel straps. A .75" drain plug will be located in a low point of the tank for drainage. A fill inlet will be located on the left hand side of the body and is covered with a hinged, spring loaded, stainless steel door that is marked "Ultra Low Sulfur - Diesel Fuel Only." A .50" diameter vent will be installed from tank top to just below fuel fill inlet. The fuel tank will meet all FHWA 393.67 requirements including a fill capacity of 95 percent of tank volume. All fuel lines will be provided as recommended by the engine manufacturer. DIESEL EXHAUST FLUID TANK A 4.5 gallon diesel exhaust fluid (DEF) tank will be provided and mounted in the driver's side body rearward of the rear axle. The tank will be constructed of 16-gauge type 304- L stainless steel. A .50" drain plug will be provided in a low point of the tank for drainage. A fill inlet will be located on the driver's side of the body and be covered with a hinged stainless steel door that is marked "Diesel Exhaust Fluid Only". The door will cover both the diesel fuel inlet as well as the DEF fill inlet. The tank will meet the engine manufacturers requirement for 10 percent expansion space in the event of tank freezing. The tank will include an integrated heater unit that utilizes engine coolant to thaw the DEF in the event of freezing. AUXILIARY FUEL PUMP An auxiliary electric fuel pump will be added to the fuel line for priming the engine. A switch located on the cab instrument panel will be provided to operate the pump. FUEL COOLER An air to fuel cooler will be installed in the engine fuel return line. TRANSMISSION An Allison 5th generation, model EVS 4000PR, electronic, torque converting, automatic transmission with retarder will be provided. The transmission will be equipped with prognostics to monitor oil life, filter life, and transmission health. A wrench icon on the shift selector's digital display will indicate when service is due. 8/28/2014 16 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 185 Two (2) PTO openings will be located on left side and top of converter housing (positions 8 o'clock and 1 o'clock). A transmission temperature gauge, with red light and audible alarm, will be installed on the cab instrument panel. The transmission retarder control will be activated 33 percent by release of the accelerator pedal or 66 percent by slight application of the brake pedal, or 100 percent by heavy application of brake pedal. A second on/off switch is provided to activate and deactivate the auto apply portion. The transmission will have the 1600 ft. lb. torque (medium) spring setting for retardation force. The transmission retarder will have a master "on/off' switch on the instrument panel. A red indicator light will be provided to warn that the transmission is being overworked. The retarder will be wired to the brake lights so they are energized when the retarder is slowing the vehicle down. The ABS system will automatically disengage the auxiliary braking device when required. TRANSMISSION SHIFTER A six (6)-speed T-Handle shift module will be mounted to right of driver on console. Shift position indicator will be indirectly lit for after dark operation. The transmission ratio will be 1st - 3.51 to 1.00, 2nd - 1.91 to 1.00, 3rd - 1.43 to 1.00, 4th - 1.00 to 1.00, 5th - 0.75 to 1.00, 6th - 0.64 to 1.00, R- 4.80 to 1.00. TRANSMISSION COOLER A Champ shell and tube oil cooler will be provided using engine coolant to control the transmission retarder oil temperature. The cooler will have an aluminum shell and copper tubes. The cooler will be assembled using two (2) pressed in rubber tube sheets (one on each end), creating a reliable mechanical seal between the coolant and the oil. SUMP COOLER A transmission oil cooler will be provided that is integral to the radiator and located at the bottom of the radiator. The cooler will use engine coolant to control the transmission sump oil temperature. DIAGNOSTIC SOFTWARE Diagnostic software, Allison Transmission Diagnostic Tool (DOC) will be furnished for use with a laptop computer. TRANSMISSION FLUID The transmission will be provided with TranSynd heavy duty synthetic transmission fluid. DRIVELINE Drivelines will be a heavy-duty metal tube and be equipped with Spicer 1810 universal joints. 8/28/2014 17 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 186 The shafts will be dynamically balanced before installation. A splined slip joint will be provided in each driveshaft, slip joint will be coated with Glidecoat or equivalent. STEERING Dual Sheppard M110 steering gears, with integral heavy-duty power steering, will be provided. For reduced system temperatures, the power steering will incorporate an air to oil cooler and an Eaton model VN20F hydraulic pump with integral pressure and flow control. All power steering lines will have wire braded lines with crimped fittings. A tilt and telescopic steering column will be provided to improve fit for a broader range of driver configurations. STEERING WHEEL The steering wheel will be 18.00" in diameter, have tilting and telescoping capabilities, and a two (2)- spoke design. LOGO AND CUSTOMER DESIGNATION ON HORN BUTTON The steering wheel will have an emblem containing the Pierce logo and customer name. The emblem will have three (3) rows of text for the customer's department name. There will be a maximum of eight (8) characters in the first row, 11 characters in the second row and 11 characters in the third row. The first row of text will be: E-55 The second row of text will be: Chula Vista The third row of text will be: Fire Dept AUTOMATIC CHASSIS LUBRICATION A Vogel Automatic Lubrication System will be provided. The lubrication will be supplied while the vehicle ignition switch is active to allow a uniform application of grease to the locations listed. The electronic control unit that forms part of the system will activate the pump after an adjustable interval time. The unit will control and monitor pump operation and report any faults via an indicator light on the driver's dashboard of the cab. The lubrication system reservoir, which requires a 15.00" wide x 14.50" high x 6.25" deep mounting area, will be located pump dunnage area driver's side opposite booster reel against the DS wall of the compartment. on the apparatus. - TAK- 4 Control Arm Pivot Points - Rear Axle Slack Adjusters - Rear Axle Brake Cam Screws 8/28/2014 18 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 187 - Rear Suspension Spring Pins - Rear Suspension Shackle Pins - Walking Beam Pins Tandem axle, if applicable BUMPER A one (1) piece, stainless steel bumper, minimum of 10.00" high, will be attached to the front of the frame. A 9.00" channel will be mounted directly behind the bumper for additional strength. The bumper will be extended 10.00" from front face of cab. GRAVEL PAN A gravel pan, constructed of bright aluminum treadplate, will be furnished between the bumper and cab face. The gravel pan will be properly supported from the underside to prevent flexing and vibration of the aluminum treadplate. LIFT AND TOW MOUNTS Mounted to the frame extension will be lift and tow mounts. The lift and tow mounts will be designed and positioned to adapt to certain tow truck lift systems. The lift and tow mounts with eyes will be painted the same color as the frame. TOW EYES Two (2) painted steel tow eyes will be installed under the bumper and attached to the front frame members. The inner and outer edges of the tow eyes will have a 0.25 radius. The tow eyes will extend down to contact the road surface before the bottom edge of the bumper. The tow eyes will be designed and positioned to allow up to a 6,000 pound straight horizontal pull in line with the centerline of the vehicle. The tow eyes will not be used for lifting of the apparatus. CAB The cab will be designed specifically for the fire service and will be manufactured by the chassis builder. The cab will be built by the apparatus manufacturer in a facility located on the manufacturer's premises. For reasons of structural integrity and enhanced occupant protection, the cab will be of heavy duty design, constructed to the following minimal standards. The cab will have 12 main vertical structural members located in the A-pillar (front cab corner posts), B-pillar (side center posts), C-pillar (rear corner posts) and rear wall areas. The A-pillar will be constructed of solid A356-T5 aluminum. The B-pillar and C-pillar will be constructed from 0.25" heavy 8/28/2014 19 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 188 wall extrusions. The rear wall will be constructed of two (2) 4.00" x 2.00" outer aluminum extrusions and two (2) 3.00" x 2.00" inner aluminum extrusions. All main vertical structural members will run from the floor to 6.50" x 4.875" x 0.1875" thick roof extrusions to provide a cage-like structure with the A-pillar and roof extrusions being welded into a 0.36" thick corner casting at each of the front corners of the roof assembly. The front of the cab will be constructed of a 0.25" thick gusset plate, covered with a 0.090" front skin (for a total thickness of 0.34"), and reinforced with a 95.00" wide x 11.13" deep x 0.50" thick cross-cab support located just below the windshield. The cross-cab support will run the full width of the cab and weld to each A-pillar, the 0.25" thick gusset plate and the front skin. The cab floors will be constructed of 0.1875" thick aluminum plate and reinforced at the firewall with an additional 0.50" thick cross-floor support providing a total thickness of 0.6875" of structural material at the front floor area. The front floor area will also be supported with one (1) 0.50" plate bolted to one (1) 0.78" plate that also provides the mounting point for the cab lift. This tubing will run from the front of the cab to the 0.187" thick engine tunnel, creating the structure to support the forces created when lifting the cab. The cab will be 94.75" wide (outside door skin to outside door skin) to maintain maximum maneuverability. The forward cab section will have an overall height (from the cab roof to the ground) of approximately 103.00". The crew cab section will have a 10.00" raised roof, with an overall cab height of approximately 113.00". The overall height listed will be calculated based on a truck configuration with the lowest suspension weight ratings, the smallest diameter tires for the suspension, no water weight, no loose equipment weight, and no personnel weight. Larger tires, wheels, and suspension will increase the overall height listed. The floor to ceiling height inside the crew cab will be 64.00" in the center and 69.25" in the outboard positions. The crew cab floor will measure 40.12" from rear wall to the back side of engine tunnel. The engine tunnel, at the rearward highest point (knee level), will measure 47.75" to the back wall. The crew cab will be of the totally enclosed design with access doors constructed in the same manner as the driver and passenger doors. The cab will be a full tilt cab style. A three (3)-point cab mount system with rubber isolators will improve ride quality by isolating chassis vibrations from the cab. INTERIOR CAB INSULATION The cab will include 1.50" insulation in the ceiling and side walls, and 2.00" insulation in the rear wall to maximize acoustic absorption and thermal insulation. 8/28/2014 20 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 189 ENGINE TUNNEL Engine hood side walls will be constructed of .50" aluminum. The top will be constructed of .19" aluminum and will be tapered at the top to allow for more driver and passenger elbow room. The engine hood will be insulated for protection from heat and sound. The noise insulation keeps the dBA level within the limits stated in the current NFPA series 1900 pamphlet. FENDER LINERS Full circular inner fender liners in the wheel wells will be provided. WINDSHIELD A curved safety glass windshield will be provided with over 2,754 square inches of clear viewing area. The cab windshield will have bright trim inserts in the rubber molding holding the glass in place. Economical windshield replacement glass will be readily available from local auto glass suppliers. All cab glass will be tinted. SUNVISORS Two (2) smoked Lexan® sunvisors, 8.75" x 28.00" long, will be provided. The sunvisors will be located above the windshield with one (1) mounted on each side of the cab. WINDSHIELD WIPERS Two (2) electric windshield wipers with washer will be provided that meet FMVSS and SAE requirements. The washer reservoir will be able to be filled without raising the cab. GLOVE BOX A glove box with a drop-down door will be installed in the front dash panel in front of the officer's position. CAB REAR WALL EXTERIOR COVERING The exterior surface of the rear wall of the cab will be overlaid with bright aluminum treadplate except for areas that are not typically visible when the cab is lowered. CAB LIFT A hydraulic cab lift system will be provided consisting of an electric powered hydraulic pump, dual lift cylinders, and necessary hoses and valves. The hydraulic pump will have a manual override for backup in the event of electrical failure. Lift controls will be on a panel located on the pump panel or front area of the body in a convenient location same as #15924 recessed on pump panel officer's side. In addition to the panel controls, a 15' remote control will be provided for raising and lowering the cab. The remote control will be stored in the cab. The receptacle for the remote control will be located on the passenger side of pump panel. 8/28/2014 21 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 190 The engine will be easily accessible and capable of being removed with the cab tilted. The cab will be capable of tilting 45 degrees and 90 degrees with crane assist. Cab will be locked down by a two (2)-point automatic spring-loaded hook mechanism that actuates after the cab has been lowered. The hydraulic cylinders will be equipped with a velocity fuse that protects the cab from accidentally descending when the control is located in the tilt position. For increased safety, a redundant mechanical stay arm will be provided that must be manually put in place on the driver side between the chassis and cab frame when cab is in the raised position. This device will be manually stowed to its original position before the cab can be lowered. Cab Lift Interlock The cab lift system will be interlocked to the parking brake. The cab tilt mechanism will be active only when the parking brake is set and the ignition switch is in the on position. If the parking brake is released, the cab tilt mechanism will be disabled. CAB LIFT REMOTE RECEPTACLE An additional receptacle for the cab lift remote control will be located on the front face of the bumper, on the passenger side. GRILLE A bright finished aluminum mesh grille screen, inserted behind a bright finished grille surround, will be provided on the front center of the cab. DOORJAMB SCUFFPLATES All cab door jambs will be furnished with a polished stainless steel scuffplate, mounted on the striker side of the jamb. TRIM BAND (CAB SIDE AND DOORS) A band of 22 gauge polished stainless steel trim will be installed on the side of the cab and cab doors. The trim band will be installed to the bottom edge of the cab and doors, up 10.00" and applied with two (2)-sided tape. A .625" self-adhesive trim strip will be applied around the perimeter of the trim band. MOLDING (ON SIDES OF CAB) Chrome molding will be provided on both sides of cab. MIRRORS Velvac®, Model 2025, low mount chrome mirrors will be mounted, one (1) on each of the cab doors. The mirror will include a replaceable 62 square inch flat glass and a 30 square inch convex glass. Overall mirror dimensions will be 8.50" wide x 13.75" high. Mirror head will have a highly polished chrome finish. 8/28/2014 22 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 191 Both flat mirror heads will be adjustable by an electric remote control switch inside the cab within easy reach of the driver. Convex mirror heads will be adjusted manually. The mirror heads will also be heated with the control within easy reach of the driver. Each mirror will be provided with an LED directional light. The Velvac two (2)-year warranty on material and workmanship and two (2)-year warranty on chrome finish will be provided. DOORS To enhance entry and egress to the cab, the forward cab doors will be a minimum of 37.50" wide x 74.25" high. The crew cab doors will be located on the sides of the cab and will be constructed in the same manner as the forward cab doors. The crew cab doors will measure a minimum of 34.88" wide x 84.25" high. The forward cab and crew cab doors will be constructed of extruded aluminum with a nominal material thickness of .125". The exterior door skins will be constructed from .090" aluminum. A flush mounted, chrome plated paddle type door handle will be provided on the exterior of each cab door. Each door will also be provided with an interior flush paddle handle. The cab doors will be provided with both interior (rotary knob) and exterior (keyed) locks as required by FMVSS 206. The locks will be capable of activating when the doors are open or closed. The doors will remain locked if locks are activated when the doors are opened, then closed. A full length, heavy duty, stainless steel, piano type hinge with a .38" pin and 11 gauge leaf will be provided on all cab doors. There will be double automotive type rubber seals around the perimeter of the door framing and door edges to ensure a weather tight fit. A chrome handrail will be provided on the inside each front cab door, for ease of entry. The cab steps at each cab door location will be located inside the cab doors to protect the steps from weather elements. From bottom of the hinge to the step on the driver's and officer's door there shall be a weather stripping to fill the gap. DOOR PANELS There will be a full height polished stainless steel door panel installed on the inside of all cab doors. The cab door panels will be removable without disconnecting door and window mechanisms. ELECTRIC OPERATED CAB DOOR WINDOWS All four (4) cab doors will be equipped with electric operated windows with flush mounted automotive style switches. 8/28/2014 23 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 192 The driver's side lower instrument panel will also have three (3) controls, officer's door window and both crew cab door windows. ELECTRIC CAB DOOR LOCKS The front driver and officer doors will have a door lock master switch. The master switches will control all cab door locks. The rear cab doors will have the standard manual lock control. There will be one (1) concealed switch located in an easily accessible chassis specific location that will unlock all the doors. The lock system will include two (2) key FOBs that allow for keyless entry into the vehicle. The key FOB system will use code hopping technology for high security and be FCC part 15 compliant. KEY PAD FOR ELECTRIC DOOR LOCKS For improved convenience, the cab door locks will include a Trimark keypad entry system to provide complete keyless entry to the cab. There will be two (2) keypads provided, located one each side of the cab behind the front cab doors. The keypads will include visual and audio feedback to confirm activation and acknowledge correct entry code. For enhanced night time use, the keypads will be lighted. For increased security, the system will allow over 3000 possible code combinations. CAB STEPS The forward cab and crew cab access steps will be a full size two (2) step design to provide largest possible stepping surfaces for safe ingress and egress. The bottom steps will be designed with a grip pattern punched into bright aluminum treadplate material to provide support, slip resistance, and drainage. The bottom steps will be a bolt-in design to minimize repair costs should they need to be replaced. The forward cab steps will be a minimum 24.75" wide, and the crew cab steps will be 21.25" wide with an 8.00" minimum depth. The inside cab steps will not exceed 18.00" in height and be limited to two (2) steps. Three (3) step entrance designs will not be acceptable due to safety concerns. A slip-resistant handrail will be provided adjacent to each cab door opening to assist during cab ingress and egress. STEP LIGHTS For reduced overall maintenance costs compared to incandescent lighting, there will be four (4) white LED, step lights provided. The lights will be installed at each cab and crew cab door, one (1) per step, in the driver side front doorstep, driver side crew cab doorstep, passenger side front doorstep and passenger side crew cab doorstep. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15" x 15" square placed ten (10) inches below the light and a minimum of 1.5 fc covering an entire 30" x 30" square at the same ten (10) inch distance below the light. The lights will be activated when the adjacent door is opened. 8/28/2014 24 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 193 FENDER CROWNS Stainless steel fender crowns will be installed at the cab wheel openings. The fender crowns will have a radius outside corner that will allow the fender crown to extend out further than the standard width crown, thus extending beyond the sidewall of the front tires and allow the crew cab doors to open fully. CREW CAB WINDOWS One (1) fixed window with tinted glass will be provided on each side of the cab, to the rear of the front cab door. The windows will be sized to enhance light penetration into the cab interior. The windows will measure 17.50" wide x 21.00" high. STORAGE COMPARTMENTS Provided on each side of the cab, to the rear of the crew cab access doors, will be a storage compartment. The compartments will be 11.25" wide x 28.00" high x 14.25" deep. The doors will be painted aluminum, reverse hinged single pan construction with one (1) D-ring latch. A gas strut at the top corner of each door will be supplied for a door stop. Door to open as far as possible. The compartment interior will match the body compartments. COMPARTMENT LIGHTS There will be no lights required in the exterior compartment. CAB ROOF COVERING Horizontal cab roof surfaces will be covered with bright aluminum treadplate. Edges and fastening screws will be properly caulked to prevent water from leaking under aluminum. Front and side warning lights will not be mounted on top of treadplate. The treadplate will extend and terminate next to the warning lights. SUNVISORS Two (2) dark lexan sunvisors will be provided, one (1) each side above the windshield. CAB INTERIOR The wrap-around style high impact ABS plastic cab dash fascia will be designed to provide unobstructed visibility to instrumentation. The dash layout will provide the driver with a quick reference to gauges that allows more time to focus on the road. The center console will include an easily removable cover for the defroster. The officer side dash and center console will be a flat faced design to provide easy maintenance and will be constructed out of painted aluminum. The engine tunnel will be padded and covered with 46 ounce leather grain vinyl resistant to oil, grease and mildew. 8/28/2014 25 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 194 The headliner will be installed in both forward and rear cab sections. Headliner material will be vinyl. A sound barrier will be part of its composition. Material will be installed on aluminum sheet and securely fastened to interior cab ceiling. Forward portion of cab headliner will provide easy access for servicing electrical wiring or for other maintenance needs without removing the entire unit. CAB INTERIOR UPHOLSTERY The cab interior upholstery will be dark silver gray. INTERIOR PAINT (CAB) A rich looking interior will be provided by painting all the metal surfaces inside the cab black, vinyl texture paint. CAB FLOOR The cab and crew cab floor areas will be covered with PolydampTm acoustical floor mat consisting of a black pyramid rubber facing and closed cell foam decoupler. The top surface of the material has a series of raised pyramid shapes evenly spaced, which offer a superior grip surface. Additionally, the material has a .25" thick closed cell foam (no water absorption) which offers a sound dampening material for reducing sound levels. CAB DEFROSTER There will be a 41,000 BTU defroster in the cab located under the engine tunnel. The defroster ventilation will be built into the design of the cab dash instrument panel and will be easily removable for maintenance. The defroster will have a 3-speed blower and temperature controls accessible to the driver and officer. The defroster ducts will be designed to provide maximum defrosting capabilities for the front cab windows. CAB/CREW CAB HEATER Two (2) auxiliary heaters with 32,000 BTU each will be provided in the cab. The heaters will have a 3- speed blower and temperature controls accessible to the driver and officer. There will also be louvers located below the rear facing seat riser and below the driver and officer positions for airflow. The heaters will be mounted, one (1) within each rear facing seat riser. AIR CONDITIONING A high-performance, customized air conditioning system will be furnished inside the cab and crew cab. A 19.10 cubic inch compressor will be installed on the engine. The air conditioning system will be capable of cooling the average cab temperature from 100 degrees Fahrenheit to 75 degrees Fahrenheit at 50 percent relative humidity within 30 minutes. The cooling 8/28/2014 26 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 195 performance test will be run only after the cab has been heat soaked at 100 degrees Fahrenheit for a minimum of four (4) hours. A roof-mounted condenser that meets and exceeds the performance specification will be installed on the cab roof. Mounting the condenser below the cab or body would reduce the performance of the system and will not be acceptable. An evaporator unit that meets and exceeds the performance specification will be installed in the cab, located in the center of the cab ceiling over the engine tunnel. The evaporator will include two (2) high performance cores and plenums with multiple outlets, one (1) plenum directed to the front and one (1) plenum directed to the rear of the cab. The evaporator unit will be provided with adjustable air outlets strategically located to direct air flow to the driver, officer and crew cab area. All hose used will be class 1 type to reduce moisture ingression into the air conditioning system. The air conditioner refrigerant will be R-134A and will be installed by a certified technician. The air conditioner will be controlled by a single electronic control panel. For ease of operation, the control panel will include variable adjustment for temperature and fan control and be conveniently located on the dash in clear view of the driver. The control panel will include robust knobs for both fan speed and temperature adjustment. GRAVITY DRAIN TUBES Two (2) condensate drain tubes will be provided for the air conditioning evaporator. The drip pan will have two (2) drain tubes plumbed separately to allow for the condensate to exit the drip pan. The standard evaporator pumps will be disabled. GRAB HANDLE A black rubber covered grab handle will be mounted on the door post of the driver and officer's side cab door to assist in entering the cab. The grab handle will be securely mounted to the post area between the door and windshield. The driver's grab handle will be 3.00" higher than the officer's grab handle, to allow additional clearance between the steering wheel and grab handle. ENGINE COMPARTMENT LIGHTS There will be one (1) Truck-Lite Model 44308C 4.00" white LED light(s) with Model 40700 grommet(s) installed under the engine hood for use as engine compartment illumination. These light(s) will be activated automatically when the cab is raised and deactivated when the cab is lowered. 8/28/2014 27 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 196 ACCESS TO ENGINE DIPSTICKS For access to the engine oil and transmission fluid dipsticks, there will be a door on the engine tunnel, inside the crew cab. The door will be on the rear wall of the engine tunnel, on the vertical surface. The door will be 17.75" wide x 12.75" high and be flush with the wall of the engine tunnel. The engine oil dipstick will allow for checking only. The transmission dipstick will allow for both checking and filling. An additional tube will be provided for filling the engine oil. The door will have a rubber seal for thermal and acoustic insulation. One (1) flush latch will be provided on the access door. MAP BOX A map box with four (4) bins, open from top, will be installed on the engine tunnel. The map box will be 24.00" wide x 30.00" deep x 8.00" high. The map box will be constructed of .125" aluminum and will be painted to match the cab interior. The map box will be constructed to include a panel to enclose the space at the driver side rear edge of the engine tunnel between the map box bottom and engine tunnel. The map box will have a permanent divider at 12.00" from the forward side of the box. The map box will have two (2) different permanent dividers splitting the compartment on each side of the permanent divider at 12.00" from the forward side of the box. A permanent divider will separate the forward portion of the map box into 11.00" wide on the driver side and 13.00" on the passenger side. The rear portion of the box will be split equally into 12.00" wide sections. Each compartment will contain slots for movable dividers to be placed at half inch increments. The forward driver side compartment will have slots to insert dividers running forward to back. The remaining three (3) compartments will have dividers that run side to side. There will be a total of three (3) 13.00" wide dividers and 16 12.00" wide dividers. A total of four (4) cutouts, 3.00" wide by 6.00" deep with a 3.00" curve radius will be supplied on the rear of the map box. The cutouts will terminate 2.00" from the bottom of the map box. SEATING CAPACITY The seating capacity in the cab will be six (6). DRIVER SEAT A seat will be provided in the cab for the driver. The seat design will be a cam action type, with air suspension. For increased convenience, the seat will include a manual control to adjust the horizontal position (6.00" travel). The manual horizontal control will be a towel-bar style located below the forward part of the seat cushion. To provide flexibility for multiple driver configurations, the seat will have an adjustable reclining back. The seat back will be a high back style with side bolster pads for maximum support. For optimal comfort, the seat will be provided with 17.00" deep foam cushions designed with EVC (elastomeric vibration control). 8/28/2014 28 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 197 The seat will be furnished with a three (3)-point, shoulder type seat belt. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion, providing easy accessibility. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. OFFICER SEAT A seat will be provided in the cab for the passenger. The seat design will be a cam action type, with air suspension. The seat back will be a high back style with nine (9) degree fixed recline angle and side bolster pads for maximum support. For optimal comfort, the seat will be provided with 17.00" deep foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seat will be furnished with a three (3)-point, shoulder type seat belt. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion, providing easy accessibility. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. REAR FACING DRIVER SIDE OUTBOARD SEAT There will be one (1) rear facing seat provided at the driver side outboard position in the crew cab. For optimal comfort, the seat will be provided with 15.00" deep foam cushions designed with EVC. (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seat back will be an SCBA back style with 5 degree fixed recline angle. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a three (3)-point, shoulder type seat belt. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion, providing easy accessibility. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. REAR FACING PASSENGER SIDE OUTBOARD SEAT There will be one (1) rear facing seat provided at the passenger side outboard position in the crew cab. For optimal comfort, the seat will be provided with 15.00" deep foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seat will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. 8/28/2014 29 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 198 The seat back will be an SCBA back style with 5 degree fixed recline angle. The SCBA cavity will be adjustable from front to rear in 1.00" increments, to accommodate different sized SCBA cylinders. Moving the SCBA cavity will be accomplished by unbolting, relocating, and re-bolting it in the desired location. The seat will be furnished with a three (3)-point, shoulder type seat belt. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion, providing easy accessibility. The seat belt will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. FORWARD FACING CENTER SEATS There will be two (2) forward facing seats provided at the center position in the crew cab. The seat backs will be high back style with nine (9) degree fixed recline angle. For optimal comfort, the seats will be provided with 15.00" deep foam cushions designed with EVC (elastomeric vibration control). To ensure safe operation, the seats will be equipped with seat belt sensors in the seat cushion and belt receptacle that will activate an alarm indicating a seat is occupied but not buckled. The seats will be furnished with three (3)-point shoulder type seat belts. The seat belt tongue will be stored at waist position for quick application by the seat occupant. The seat belt receptacle will be provided on a cable conveniently nested next to the seat cushion providing easy accessibility. The seat belts will be furnished with dual automatic retractors that will provide ease of operation in the normal seating position. SEAT UPHOLSTERY All Seats Inc. 911 seat upholstery will be gray woven with black Imperial 1200 material. AIR BOTTLE HOLDERS All SCBA type seats in the cab will have a Ziamatic Model ULLH SCBA holder bracket. This bracket will be compliant with the current NFPA 1901 standards and will include a backplate, two (2) seats, a footplate and the Model LLS ("Load & Lock") strap to hold the bottle in the bracket. The bracket seats will be a "one size fits all" style seat and will accommodate SCBA cylinders from the high pressure 30- minute to the high pressure 60-minute. Seats will be adjustable up and down by unbolting, relocating, and rebolting in the desired position. Provided with the SCBA seats, will be backrest inserts which cover the SCBA cavity. The insert cover will be padded and covered with the same material as the seat. A total of two (2) inserts will be provided outboard rear facing seats. The seat back insert is designed to support the firefighters back, with or without the SCBA bottle in place. The insert is held in place with two (2) elastic cords. SEAT BELTS All seating positions in the cab and crew cab will have red seat belts. 8/28/2014 30 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 199 The belts will also include the Ready Reach® D-loop assembly to the shoulder belt system. The Ready Reach feature adds an extender arm to the D-loop location placing the D-loop in a closer, easier to reach location. SHOULDER HARNESS HEIGHT ADJUSTMENT All seating positions furnished with three (3)-point shoulder type seat belts will include a height adjustment. This adjustment will optimize the belts effectiveness and comfort for the seated firefighter. SEAT BELT MONITORING SYSTEM A seat belt monitoring system (SBMS) will be provided. The SBMS will be capable of monitoring up to ten (10) seat positions indicating the status of each seat position with a green or red LED indicator as follows: All other seats: • Seat Occupied & Buckled = Green • Seat Occupied & Unbuckled = Red • No Occupant & Buckled = Red • No Occupant & Unbuckled = Not Illuminated Audible Alarm The SBMS will include an audible alarm that will be activated when a red illumination condition exists and the parking brake is released, or a red illumination condition exists and the transmission is not in pa rk. HELMET STORAGE, PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, section 14.1.8.4.1 requires a location for helmet storage be provided. There is no helmet storage on the apparatus as manufactured. The fire department will provide a location for storage of helmets. CAB DOME LIGHTS There will be four (4) Weldon 808* series, dual LED dome lights with black bezels provided. Two (2) lights will be mounted above the inside shoulder of the driver and officer and two (2) lights will be installed and located, one (1) on each side of the crew cab. The color of the LED's will be red and white. The white LED's will be controlled by the door switches and the lens switch. The color LED's will be controlled by the lens switch. OVERHEAD MAP LIGHTS There will be two (2) white halogen, round adjustable map lights installed in the cab: • One (1) overhead in front of the driving position. 8/28/2014 31 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 200 • One (1) overhead in front of the passenger's position. Each light will include a switch on the light housing. The light switches will be connected directly to the battery switched power. MAP LIGHT There will be one (1) Sunnex®, HS76*-00, halogen map light(s) with swivel joint base provided in the cab and located same #27450 to the left of the officer. See Picture. Each map light will have a square base with an on/off switch. The light(s) will also be provided with no additional accessory. The light switch(es) will be connected directly to the battery switched power. HAND HELD LIGHT There will be four (4) 12v Streamlight, Fire Vulcan, Model #44451, lights mounted One (1) at each officers side light next to the A pillar on the dash and the drivers side just forward of the map box pointed side to side. Crew cab lights outboard forward facing position picture supplied for exact mount. Each light housing will be orange in color and be provided with a C4 LED and two (2) "ultra bright blue tail light LEDs" The tail light LEDs will have a dual mode of blinking or steady. Vehicle mount with 12VDC direct wire charging rack. Quick release buckle strap will be included. HAND HELD SPOTLIGHT A Specialty Lighting, Model 2150-1, hand held spotlight will be installed officer's side of cab dash as far forward as possible. see pictures. The light will be furnished with a 9 foot coil cord. CAB INSTRUMENTATION The cab instrument panel will consist of gauges, an LCD display, telltale indicator lights, alarms, control switches, and a diagnostic panel. The function of instrument panel controls and switches will be identified by a label adjacent to each item. Actuation of the headlight switch will illuminate the labels in low light conditions. Telltale indicator lamps will not be illuminated unless necessary. The cab instruments and controls will be conveniently located within the forward cab section directly forward of the driver. Gauge and switch panels will be designed to be removable for ease of service and low cost of ownership. GAUGES The gauge panel will include the following ten (10) black gauges with black bezels to monitor vehicle performance: Voltmeter Gauge (Volts) 8/28/2014 32 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 201 Low volts (11.8 VDC) Amber indicator on gauge assembly with alarm High volts (15 VDC) Amber indicator on gauge assembly with alarm Very low volts (11.3 VDC) Amber indicator on gauge assembly with alarm Very high volts (16 VDC) Amber indicator on gauge assembly with alarm Tachometer (RPM) Speedometer (Primary (outside) MPH, Secondary (inside) Km/H) Fuel Level Gauge (Empty - Full in fractions) Low fuel (1/8 full) Amber indicator on gauge assembly with alarm Very low fuel (1/32) fuel Amber indicator on gauge assembly with alarm Engine Oil Pressure Gauge (PSI) Low oil pressure to activate engine warning lights and alarms Red indicator on gauge assembly with alarm Front Air Pressure Gauge (PSI) Low air pressure to activate warning lights and alarm Red indicator on gauge assembly with alarm Rear Air Pressure Gauge (PSI) Low air pressure to activate warning lights and alarm Red indicator on gauge assembly with alarm Transmission Oil Temperature Gauge (Fahrenheit) High transmission oil temperature activates warning lights and alarm 8/28/2014 33 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 202 Amber indicator on gauge assembly with alarm Engine Coolant Temperature Gauge (Fahrenheit) High engine temperature activates an engine warning light and alarm Red indicator on gauge assembly with alarm Diesel Exhaust Fluid Level Gauge (Empty - Full in fractions) Low fluid (1/8 full) Amber indicator on gauge assembly with alarm All gauges and gauge indicators will perform prove out at initial power-up to ensure proper performance. INDICATOR LAMPS To promote safety, the following telltale indicator lamps will be integral to the gauge assembly and are located above and below the center gauges. The indicator lamps will be "dead-front" design that is only visible when active. The colored indicator lights will have descriptive text or symbols. The following amber telltale lamps will be present: Low coolant Trac cntl (traction control) (where applicable) Check engine Check trans (check transmission) Aux brake overheat (Auxiliary brake overheat) Air rest (air restriction) Caution (triangle symbol) Water in fuel DPF (engine diesel particulate filter regeneration) Trailer ABS (where applicable) Wait to start (where applicable) HET (engine high exhaust temperature) (where applicable) ABS (antilock brake system) 8/28/2014 34 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 203 MIL (engine emissions system malfunction indicator lamp) (where applicable) SRS (supplemental restraint system) fault (where applicable) DEF (low diesel exhaust fluid level) The following red telltale lamps will be present: Warning (stop sign symbol) Seat belt Parking brake Stop engine Rack down The following green telltale lamps will be provided: Left turn Right turn Battery on The following blue telltale lamp will be provided: High beam ALARMS Audible steady tone warning alarm: A steady audible tone alarm will be provided whenever a warning message is present. Audible pulsing tone caution alarm: A pulsing audible tone alarm (chime/chirp) will be provided whenever a caution message is present without a warning message being present. Alarm silence: Any active audible alarm will be able to be silenced by holding the ignition switch at the top position for three (3) to five (5) seconds. For improved safety, silenced audible alarms will intermittently chirp every 30 seconds until the alarm condition no longer exists. The intermittent chirp will act as a reminder to the operator that a caution or warning condition still exists. Any new warning or caution condition will enable the steady or pulsing tones respectively. INDICATOR LAMP AND ALARM PROVE-OUT Telltale indicators and alarms will perform prove-out at initial power-up to ensure proper performance. CONTROL SWITCHES For ease of use, the following controls will be provided immediately adjacent to the cab instrument panel within easy reach of the driver. 8/28/2014 35 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 204 Emergency master switch: A molded plastic push button switch with integral indicator lamp will be provided. Pressing the switch will activate emergency response lights and siren control. A green lamp on the switch provides indication that the emergency master mode is active. Pressing the switch again disables the emergency master mode. Headlight/ Parking light switch: A three (3)-position maintained rocker switch will be provided. The first switch position will deactivate all parking lights and the headlights. The second switch position will activate the parking lights. The third switch position will activate the headlights. Panel backlighting intensity control switch: A three (3)-position momentary rocker switch will be provided. The first switch position decreases the panel backlighting intensity to a minimum level as the switch is held. The second switch position is the default position that does not affect the backlighting intensity. The third switch position increases the panel backlighting intensity to a maximum level as the switch is held. The following standard controls will be integral to the gauge assembly and are located below the right hand gauges. All switches have backlit labels for low light applications. High idle engagement switch: A two (2)-position momentary rocker switch with integral indicator lamp will be provided. The first switch position is the default switch position. The second switch position will activate and deactivate the high idle function when pressed and released. The "Ok To Engage High Idle" indicator lamp must be active for the high idle function to engage. A green indicator lamp integral to the high idle engagement switch will indicate when the high idle function is engaged. "Ok To Engage High Idle" indicator lamp: A green indicator light will be provided next to the high idle activation switch to indicate that the interlocks have been met to allow high idle engagement. The following standard controls will be provided adjacent to the cab gauge assembly within easy reach of the driver. All switches will have backlit labels for low light applications. Ignition switch: A three (3)-position maintained/momentary rocker switch will be provided. The first switch position will deactivate vehicle ignition. The second switch position will activate vehicle ignition. The third momentary position will disable the Command Zone audible alarm if held for three (3) to five (5) seconds. A green indicator lamp will be activated with vehicle ignition. Engine start switch: A two (2)-position momentary rocker switch will be provided. The first switch position is the default switch position. The second switch position will activate the vehicle's engine. The switch actuator is designed to prevent accidental activation. 4-way hazard switch: A two (2)-position maintained rocker switch will be provided. The first switch position will deactivate the 4-way hazard switch function. The second switch position will activate the 4-way hazard function. The switch actuator will be red and includes the international 4-way hazard symbol. Heater and defroster controls. 8/28/2014 36 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 205 Turn signal arm: A self-canceling turn signal with high beam headlight and windshield wiper/washer controls will be provided. The windshield wiper control will have high, low, and intermittent modes. Parking brake control: An air actuated push/pull park brake control valve will be provided. Chassis horn control: Activation of the chassis horn control will be provided through the center of the steering wheel. CUSTOM SWITCH PANELS The design of cab instrumentation will allow for emergency lighting and other switches to be placed within easy reach of the operator thus improving safety. There will be positions for up to three (3) switch panels in the overhead console on the driver's side, up to four (4) switch panels in the engine tunnel console facing the driver, up to three (3) switch panels in the overhead console on the officer's side and up to three (3) switch panels in the engine tunnel rear facing console accessible to both driver and officer. All switches will have backlit labels for low light applications. DIAGNOSTIC PANEL A diagnostic panel will be accessible while standing on the ground and located inside the driver's side door left of the steering column. The diagnostic panel will allow diagnostic tools such as computers to connect to various vehicle systems for improved troubleshooting providing a lower cost of ownership. Diagnostic switches will allow engine and ABS systems to provide blink codes should a problem exist. The diagnostic panel will include the following: Engine diagnostic port Transmission diagnostic port ABS diagnostic port SRS diagnostic port (where applicable) Command Zone USB diagnostic port Engine diagnostic switch (blink codes flashed on check engine telltale indicator) ABS diagnostic switch (blink codes flashed on ABS telltale indicator) Diesel particulate filter regeneration switch (where applicable) Diesel particulate filter regeneration inhibit switch (where applicable) CAB LCD DISPLAY A digital four (4)-row by 20-character dot matrix display will be integral to the gauge panel. The display will be capable of showing simple graphical images as well as text. The display will be split into three (3) sections. Each section will have a dedicated function. The upper left section will display the outside ambient temperature. The upper right section will display odometer, trip mileage, PTO hours, fuel consumption, engine hours, and other configuration specific information. The bottom section will 8/28/2014 37 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 206 display INFO, CAUTION, and WARNING messages. Text messages will automatically activate to describe the cause of an audible caution or warning alarm. The LCD will be capable of displaying multiple text messages should more than one caution or warning condition exist. AIR RESTRICTION INDICATOR A high air restriction warning indicator light LCD message with amber warning indicator and audible alarm will be provided. OFFICER SPEEDOMETER A Class I digital display speedometer will be recessed into the instrument panel Switch position #9.. "DO NOT MOVE APPARATUS" INDICATOR A flashing red indicator light, located in the driving compartment, will be illuminated automatically per the current NFPA requirements. The light will be labeled "Do Not Move Apparatus If Light Is On." The same circuit that activates the Do Not Move Apparatus indicator will activate a pulsing alarm when the parking brake is released. DO NOT MOVE TRUCK MESSAGES Messages will be displayed on the gauge panel LCD located forward of the steering wheel directly in front of the driver whenever the Do Not Move Truck light is active. The messages will designate the item or items not in the stowed for vehicle travel position (parking brake disengaged). The following messages will be displayed (where applicable): • Do Not Move Truck • DS Cab Door Open (Driver Side Cab Door Open) • PS Cab Door Open (Passenger's Side Cab Door Open) • DS Crew Cab Door Open (Driver Side Crew Cab Door Open) • PS Crew Cab Door Open (Passenger's Side Crew Cab Door Open) • DS Body Door Open (Driver Side Body Door Open) • PS Body Door Open (Passenger's Side Body Door Open) • Rear Body Door Open • DS Ladder Rack Down (Driver Side Ladder Rack Down) • PS Ladder Rack Down (Passenger Side Ladder Rack Down) • Deck Gun Not Stowed • Lt Tower Not Stowed (Light Tower Not Stowed) • Hatch Door Open • Fold Tank Not Stowed (Fold-A-Tank Not Stowed) • Aerial Not Stowed (Aerial Device Not Stowed) • Stabilizer Not Stowed • Steps Not Stowed • Handrail Not Stowed 8/28/2014 38 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 207 Any other device that is opened, extended, or deployed that creates a hazard or is likely to cause major damage to the apparatus if the apparatus is moved will be displayed as a caution message after the parking brake is disengaged. SWITCH PANELS The emergency light switch panel will have a master switch for ease of use plus individual switches for selective control. Each switch panel will contain eight (8) membrane-type switches each rated for one million (1,000,000) cycles. Panels containing less than eight (8) switch assignments will include non- functioning black appliques. Documentation will be provided by the manufacturer indicating the rated cycle life of the switches. The switch panel(s) will be located in the overhead position above the windshield on the driver side overhead to allow for easy access. The switches will be membrane-type and also act as an integral indicator light. For quick, visual indication the entire surface of the switch will be illuminated white whenever back lighting is activated and illuminated red whenever the switch is active. For ease of use, a two (2)-ply, scratch resistant laser engraved Gravoply label indicating the use of each switch will be placed in the center of the switch. The label will allow light to pass through the letters for ease of use in low light conditions. WIPER CONTROL For simple operation and easy reach, the windshield wiper control will be an integral part of the directional light lever located on the steering column. The wiper control will include high and low wiper speed settings, a one (1)-speed intermittent wiper control with six (6)-second interval and windshield washer switch. The control will have a "return to park" provision, which allows the wipers to return to the stored position when the wipers are not in use. SPARE CIRCUIT There will be five (5) pair of wires, including a positive and a negative, installed on the apparatus. The above wires will have the following features: The positive wire will be connected directly to the battery power. The negative wire will be connected to ground. Wires will be protected to 20 amps at 12 volts DC. Power and ground will terminate behind the driver's seat, rear wall of cab on officer's side, front of the officer's seat below glove box and back wall of P3 and P1.. Termination will be with six (6) position terminal strip. Wires will be sized to 125% of the protection. This circuit(s) may be load managed when the parking brake is set. SPARE CIRCUIT There will be five (5) pair of wires, including a positive and a negative, installed on the apparatus. 8/28/2014 39 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 208 The above wires will have the following features: • The positive wire will be connected directly to the battery power. • The negative wire will be connected to ground. • Wires will be protected to 15 amps at 12 volts DC. • Power and ground will terminate (2) on the side of the instrument panel to the left of the officer, (1) in driver's position per instrument panel layout,(2) in crew cab area of the cab. One each side outboard forward facing set riser with a coil of wire, exact location at mid inspection. • Termination will be with 15 amp, power point plug with rubber cover. Wires will be sized to 125 percent of the protection. The circuit(s) may be load managed when the parking brake is set. INFORMATION CENTER An information center employing a 7.00" diagonal color LCD display will be encased in an ABS plastic housing. The information center will have the following specifications: • Operate in temperatures from -40 to 185 degrees Fahrenheit • An Optical Gel will be placed between the LCD and protective lens • Five weather resistant user interface switches • Black enclosure with gray decal • Sunlight Readable • Linux operating system • Minimum of 400nits rated display • Display can be changed to an available foreign language OPERATION The information center will be designed for easy operation for everyday use. The page button will cycle from one screen to the next screen in a rotating fashion. A video button will allow a NTSC signal into the information center to be displayed on the LCD. Pressing any button while viewing a video feed will return the information center to the vehicle information screens. A menu button will provide access to maintenance, setup and diagnostic screens. All other button labels will be specific to the information being viewed. GENERAL SCREEN DESIGN Where possible, background colors will be used to provide "At a Glance" vehicle information. If information provided on a screen is within acceptable limits, a green background will be used. If a caution or warning situation arises the following will occur: 8/28/2014 40 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 209 • An amber background/text color will indicate a caution condition. • A red background/text color will indicate a warning condition. Every screen will include the following: • Exterior Ambient Temperature • Time (12 or 24 hour mode) Text Alert Center: • The information center will utilize an "Alert Center" to display text messages for audible alarm tones. The text messages will be written to identify the item(s) causing the audible alarm to sound. If more than one (1) text message occurs, the messages will cycle every second until the problem(s) have been resolved. The background color for the "Alert Center" will change to indicate the severity of the "warning" message. If a warning and a caution condition occur simultaneously, the red background color will be shown for all alert center messages. Button Labels: A label for each button will exist. The label will indicate the function for each active button for each screen. Buttons that are not utilized on specific screens will have a button label with no text. PAGE SCREENS The Information center will include the following screens: Load Manager Screen: A list of items to be load managed will be provided. The list will provide: • Description of the load • Individual load shed priority: The lower the priority number the earlier the device will be shed should a low voltage condition occur. • Load Status: The screen will indicate if a load has been shed (disabled) or not shed. "At a Glance" color features are utilized on this screen Do Not Move Truck: The Do Not Move Truck screen will indicate the approximate location and type of item that is open or is not stowed for travel. The actual status of the following devices will be indicated: • Driver Side Cab Door • Passenger's Side Cab Door • Driver Side Crew Cab Door • Passenger's Side Crew Cab Door • Driver Side Body Doors • Passenger's Side Body Doors • Rear Body Door(s) • Ladder Rack (if applicable) • Deck Gun (if applicable) 8/28/2014 41 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 210 • Light Tower (if applicable) • Hatch Door (if applicable) • Stabilizers (if applicable) • Steps (if applicable) Chassis Information: The following information will be shown: • Engine RPM • Fuel Level • Battery Voltage • Engine Coolant Temperature • Engine Oil Pressure "At a Glance" color features are utilized on this screen Active Alarms List: This screen will show a list of all active text messages. The list items text will match the text messages shown in the "Alert Center". The date and time the message occurred is displayed with each message in the list. MENU SCREENS The following screens will be available through the Menu button: View System Information: A detailed list of vehicle information: • Battery Volts • Pump Hours • Transmission Oil Temperature • Pump Engaged • Engine Coolant Level • Engine Oil Level • Oil level will only be shown when the engine is not running • Power Steering Level Set daytime and nighttime Display Brightness: • Brightness: Increase and decrease • Default setting button Configure Video Mode: • Set Video Contrast • Set Video Color • Set Video Tint Set Startup Screen: 8/28/2014 42 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 211 • Choose the screen that will be active at vehicle power-up Set Date &Time: • 12 or 24 hour format • Set time • Set date View Active Alarms: • Shows a list of all active alarms • Date and time of the occurrence is shown with each alarm • Silence alarms • All alarms are silenced System Diagnostics: • Module type and ID number • Module version Module diagnostics information: • Input or output number • Circuit number connected to that input or output • Circuit name (item connected to the circuit) • Status of the input or output • Power and Constant Current module diagnostic information: • Button functions and button labels may change with each screen. VEHICLE DATA RECORDER A vehicle data recorder (VDR) will be provided. The VDR will be capable of reading and storing vehicle information. The information stored on the VDR can be downloaded through a USB port mounted in a convenient location determined by cab model. A CD provided with the apparatus will include the programming to download the information from the VDR. A USB cable can be used to connect the VDR to a laptop to retrieve required information. The vehicle data recorder will be capable of recording the following data via hardwired and/or CAN inputs: • Vehicle Speed - MPH • Acceleration - MPH/sec • Deceleration - MPH/sec • Engine Speed - RPM • Engine Throttle Position - % of Full Throttle 8/28/2014 43 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 212 • ABS Event - On/Off • Seat Occupied Status - Yes/No by Position (7-12 Seating Capacity) • Seat Belt Buckled Status - Yes/No by Position (7-12 Seating Capacity) • Master Optical Warning Device Switch - On/Off • Time - 24 Hour Time • Date - Year/Month/Day INTERCOM SYSTEM A seven (7) position Sigtronics, Model US-67D, intercom system with dual radio interface capability at the driver, officer, and pump panel will be provided. Four (4) crew cab positions at two (2) forward facing seats and two (2) rearward facing seats will have intercom and radio listen capabilities. System includes: • One (1) US-67D Intercom system that includes the following: • Six (6) Interior Headset jacks in blue boxes • One (1) Exterior Headset jack in blue box with splash cover (Pump panel) • Three (3) Radio Push-to-Transmit buttons in blue boxes (Driver, officer and pump panel) • All necessary cabling RADIO / INTERCOM INTERFACE CABLES The apparatus manufacturer will supply and install two (2) radio interface cables before delivery of the vehicle. The radio equipment to be used by the customer will be: • Motorola High Power , Model Apex 6000 • Kenwood , Model TK-790 HEADSET, UNDER HELMET There will be six (6) Sigtronics, Model SE-8, under helmet, standard headset(s) provided all cab seating ares as well as the pump panel. Each headset will feature: • Coiled cord with single nickel coated plug • Noise cancelling electret microphone with wind muff • Flexible microphone boom rotates 180 degrees for left or right dress • Gel filled earseals • Volume control • 24 dB noise reduction 8/28/2014 44 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 213 KNOX-60X0 There will be one (1) Knox-Box Drug Vault #2 with WiFi sent to the apparatus manufacturers preferred installer and installed at P3 pictures to be supplied Ethernet cable also to be supplied by customer. Specific shipping requirements will be followed. A "technician's key" will be provided by the customer for each Knox Box. The box cannot be installed without a compatible technician's key. TWO WAY RADIO INSTALLATION There will be two (2) customer supplied two way radio(s) sent to the apparatus manufacturers preferred radio installer to be installed SAME AS #27450 install the Kenwood in switch panel location #5 and the Motorola in switch panel #6. radio charges each side of the map box per photo in the S:drive, job photo's stage 3 job folder for this unit. per the shipping document. No antenna mount or whip will be included in this option. Specific radio shipping requirements will be followed. BRACKET ONLY INSTALLATION There shall be one (1) customer supplied Thermal Imaging camera charging bracket(s) sent to the apparatus manufacturers preferred installer to be installed Center console in cab pictures supplied in Power point in Stage 3 Job Folder. Specific shipping requirements will be followed. TWO-WAY RADIO CABLE INSTALLATION There will be one (1) customer supplied 25.00' Ethernet/USB cable(s) sent to the apparatus manufacturers preferred radio installer for installation. The cable will be run Cab dash in front of the officer's dash a to P3. No other components will be installed with this option. Specific shipping requirements will be followed. GPS ANTENNA INSTALLATION There will be two (2) customer supplied GPS antenna(s) sent to the apparatus manufacturers preferred installer to be installed on the roof. The antenna coax cable(s) will be run from the antenna to cab dash in front of the officer. and a connector provided, if necessary. Specific shipping requirements will be followed. PORTABLE RADIO CHARGER INSTALLATION There will be four (4) customer supplied portable two-way radio chargers(s) sent to the apparatus manufacturers preferred radio installer to be installed per customer instructions. Specific shipping requirements will be followed. TRI-BAND ANTENNA There will be one (1) Mobile Mark, Model SM-U15-1A2C, Tri-band 900/1900MHz & GPS antenna(s) located The thought here is rather than drilling multiple holes (6) in the cab roof, all antennas (6) will 8/28/2014 45 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 214 mount to the bracket and (2) or maybe (3) holes at most will be drilled in the cab roof under the bracket. The bracket will be sent to you via ground mail with the two (2) 15.00' cables from each antenna terminating at center dash area . RADIO ANTENNA MOUNT There will be three (3) Maxrad, Model BMATM, antenna-mounting base(s) with 17.00' coax cable and weatherproof cap provided. The mount(s) will be located on the cab roof two (2) on officer's side switch panel area, and one (1) behind the driver's seat with 5' coil of wire.. The cable will be routed to behind the driver's seat. VEHICLE CAMERA SYSTEM There will be a color vehicle camera system provided with the following: • One (1) camera located at the rear of the apparatus, pointing rearward, displayed automatically with the vehicle in reverse The camera images will be displayed on the driver's color Mux display. Audio from the microphone on the active camera will be emitted by an amplified speaker on the ceiling behind the driver. The following components will be included: • One (1) SV-CW134639CAI Camera • One (1) Amplified speaker (if applicable) • All necessary cables ELECTRICAL POWER CONTROL SYSTEM The primary power distribution will be located forward of the officer's seating position and be easily accessible while standing on the ground for simplified maintenance and troubleshooting. Additional electrical distribution centers will be provided throughout the vehicle to house the vehicle's electrical power, circuit protection, and control components. The electrical distribution centers will be located strategically throughout the vehicle to minimize wire length. For ease of maintenance, all electrical distribution centers will be easily accessible. All distribution centers containing fuses, circuit breakers and/or relays will be easily accessible. Distribution centers located throughout the vehicle will contain battery powered studs for supplying customer installed equipment thus providing a lower cost of ownership. Circuit protection devices, which conform to SAE standards, will be utilized to protect electrical circuits. All circuit protection devices will be rated per NFPA requirements to prevent wire and component damage when subjected to extreme current overload. General protection circuit breakers will be Type- I automatic reset (continuously resetting). When required, automotive type fuses will be utilized to protect electronic equipment. Control relays and solenoid will have a direct current rating of 125 percent of the maximum current for which the circuit is protected per NFPA. 8/28/2014 46 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 215 COMMAND ZONE CONTROL SYSTEM A solidstate electronics based control system will be utilized to achieve advanced operation and control of the vehicle components. A fully computerized vehicle network will consist of electronic modules located near their point of use to reduce harness lengths and improve reliability. The control system will comply with SAE J1939-11 recommended practices. The control system will operate as a master-slave system whereas the main control module instructs all other system components. The system will contain patented Mission Critical software that maintains critical vehicle operations in the unlikely event of a main controller error. The system will utilize a Real Time Operating System (RTOS) fully compliant with OSEK/VDXTM specifications providing a lower cost of ownership. For increased reliability and simplified use the control system modules will include the following attributes: Green LED indicator light for module power Red LED indicator light for network communication stability status Control system self test at activation and continually throughout vehicle operation No moving parts due to transistor logic Software logic control for NFPA mandated safety interlocks and indicators Integrated electrical system load management without additional components Integrated electrical load sequencing system without additional components Customized control software to the vehicle's configuration Factory and field reprogrammable to accommodate changes to the vehicle's operating parameters Complete operating and troubleshooting manuals USB connection to the main control module for advanced troubleshooting To assure long life and operation in a broad range of environmental conditions, the Command Zone control system modules will meet the following specifications: Module circuit board will meet SAE J771 specifications Operating temperature from -40C to +70C Storage temperature from -40C to +70C Vibration to 50g 8/28/2014 47 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 216 IP67 rated enclosure (Totally protected against dust and also protected against the effect of temporary immersion between 15 centimeters and one (1) meter) Operating voltage from eight (8) volts to 16 volts DC The main controller will activate status indicators and audible alarms designed to provide warning of problems before they become critical. CIRCUIT PROTECTION AND CONTROL DIAGRAM Copies of all job-specific, computer network input and output (I/0) connections will be provided with each chassis. The sheets will indicate the function of each module connection point, circuit protection information (where applicable), wire numbers, wire colors and load management information. ON-BOARD ADVANCED/VISUAL ELECTRICAL SYSTEM DIAGNOSTICS The on-board information center will include the following diagnostic information: Text description of active warning or caution alarms Simplified warning indicators Amber caution light with intermittent alarm Red warning light with steady tone alarm All control system modules, with the exception of the main control module, will contain on-board visual diagnostic LEDs that assist in troubleshooting. The LEDs will be enclosed within the sealed, transparent module housing near the face of the module. One LED for each input or output will be provided and will illuminate whenever the respective input or output is active. Color-coded labels within the modules will encompass the LEDs for ease of identification. The LED indicator lights will provide point of use information for reduced troubleshooting time without the need for an additional computer. ADVANCED DIAGNOSTICS An advanced, Windows-based, diagnostic software program will be provided for this control system. The software will provide troubleshooting tools to service technicians equipped with an IBM compatible computer. The service and maintenance software will be easy to understand and use and have the ability to view system input/output (I/0) information. INDICATOR LIGHT AND ALARM PROVE-OUT SYSTEM A system will be provided which automatically tests basic indicator lights and alarms located on the cab instrument panel. 8/28/2014 48 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 217 VOLTAGE MONITOR SYSTEM A voltage monitoring system will be provided to indicate the status of the battery system connected to the vehicle's electrical load. The system will provide visual and audible warning when the system voltage is below or above optimum levels. The alarm will activate if the system falls below 11.8 volts DC for more than two (2) minutes. DEDICATED RADIO EQUIPMENT CONNECTION POINTS There will be three (3) studs provided in the primary power distribution center located in front of the officer for two-way radio equipment. The studs will consist of the following: 12-volt 40-amp battery switched power 12-volt 60-amp ignition switched power 12-volt 60-amp direct battery power There will also be a 12-volt 100-amp ground stud located in or adjacent to the power distribution center. ENHANCED SOFTWARE The Command Zone control system will include the following software enhancements: All perimeter lights and scene lights (where applicable) will be deactivated when the parking brake is released. Cab and crew cab dome lights will remain on for ten (10) seconds for improved visibility after the doors close. The dome lights will dim after ten (10) seconds or immediately if the vehicle is put into gear. Cab and crew cab perimeter lights will remain on for ten (10) seconds for improved visibility after the doors close. The dome lights will dim after ten (10) seconds or immediately if the vehicle is put into gear. EMI/RFI PROTECTION To prevent erroneous signals from crosstalk contamination and interference, the electrical system will meet, at a minimum, SAE J551/2, thus reducing undesired electromagnetic and radio frequency emissions. An advanced electrical system will be used to ensure radiated and conducted electromagnetic interference (EMI) or radio frequency interference (RFI) emissions are suppressed at their source. The apparatus will have the ability to operate in the electromagnetic environment typically found in fire ground operations to ensure clean operations. The electrical system will meet, without exceptions, electromagnetic susceptibility conforming to SAE J1113/25 Region 1, Class C EMR for 10KHz-iGHz to 100 Volts/Meter. The vehicle OEM, upon request, will provide EMC testing reports from testing conducted on an entire apparatus and will certify that the vehicle meets SAE J551/2 and SAE J1113/25 8/28/2014 49 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 218 Region 1, Class C EMR for 10KHz-iGHz to 100 Volts/Meter requirements. Component and partial (incomplete) vehicle testing is not adequate as overall vehicle design can impact test results and thus is not acceptable by itself. EMI/RFI susceptibility will be controlled by applying appropriate circuit designs and shielding. The electrical system will be designed for full compatibility with low-level control signals and high-powered two-way radio communication systems. Harness and cable routing will be given careful attention to minimize the potential for conducting and radiated EMI/RFI susceptibility. ELECTRICAL HARNESSING INSTALLATION All 12-volt wiring and harnessing installed by the apparatus manufacturer will conform to specification PM-QA W-101: Pierce manufacturing Wiring Harness Specification. To ensure rugged dependability, all wiring harnesses installed by the apparatus manufacturer will conform to the following specifications: SAE J1128 - Low tension primary cable SAE J1292 - Automobile, truck, truck-tractor, trailer and motor coach wiring SAE J163 - Low tension wiring and cable terminals and splice clips SAE J2202 - Heavy duty wiring systems for on-highway trucks NFPA 1901 - Standard for automotive fire apparatus FMVSS 302 - Flammability of interior materials for passenger cars, multipurpose passenger vehicles, trucks and buses SAE J1939 - Serial communications protocol SAE J2030 - Heavy-duty electrical connector performance standard SAE J2223 - Connections for on board vehicle electrical wiring harnesses NEC - National Electrical Code SAE J561 - Electrical terminals - Eyelet and spade type SAE J928 - Electrical terminals - Pin and receptacle type A Wiring will be run in loom where exposed, and have grommets or other edge protection where wires pass through metal. Wiring will be color, function and number coded. Wire colors will be integral to each wire insulator and run the entire length of each wire. Function and number codes will be continuously imprinted on all wiring harness conductors at 2.00" intervals. All wiring installed between the cab and into doors will be enclosed within an expandable rubber boot to protect the wiring. Exterior exposed wire connectors will be positive locking, and environmentally sealed to withstand 8/28/2014 50 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 219 elements such as temperature extremes, moisture and automotive fluids. Electrical wiring and equipment will be installed utilizing the following guidelines: 1. All wire ends not placed into connectors will be sealed with a heat shrink end cap. All holes made in the roof will be caulked with silicon. Large fender washers, liberally caulked, will be used when fastening equipment to the underside of the cab roof. Any electrical component that is installed in an exposed area will be mounted in a manner that will not allow moisture to accumulate in it. Exposed area will be defined as any location outside of the cab or body. For low cost of ownership, electrical components designed to be removed for maintenance will be quickly accessible. For ease of use, a coil of wire will be provided behind the appliance to allow them to be pulled away from the mounting area for inspection and service work. Corrosion preventative compound will be applied to non-waterproof electrical connectors located outside of the cab or body. All non-waterproof connections will require this compound in the plug to prevent corrosion and for easy separation of the plug. Any lights containing non-waterproof sockets in a weather-exposed area will have corrosion preventative compound added to the socket terminal area. All electrical terminals in exposed areas will have DOW 1890 protective Coating applied completely over the metal portion of the terminal. Rubber coated metal clamps will be used to support wire harnessing and battery cables routed along the chassis frame rails. Heat shields will be used to protect harnessing in areas where high temperatures exist. Harnessing passing near the engine exhaust will be protected by a heat shield. All braided wire harnesses will have a permanent label attached for easy identification of the harness part number and fabrication date. BATTERY CABLE INSTALLATION All 12-volt battery cables and battery cable harnessing installed by the apparatus manufacturer will conform to the following requirements: SAE J1127 - Battery Cable SAE J561 - Electrical terminals, eyelets and spade type SAE J562 - Nonmetallic loom SAE J836A - Automotive metallurgical joining SAE J1292 - Automotive truck, truck-tractor, trailer and motor coach wiring NFPA 1901 - Standard for automotive fire apparatus Battery cables and battery cable harnessing will be installed utilizing the following guidelines: 1. All battery cables and battery harnesses will have a permanent label attached for easy identification of the harness part number and fabrication date. For ease of identification and simplified use, battery cables will be color coded. All positive battery cables will be red in color or wrapped in red loom the entire length of the cable. All negative battery cables will be black 8/28/2014 51 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 220 in color. For ease of identification, all positive battery cable isolated studs throughout the cab and chassis will be red in color. For increased reliability and reduced maintenance, all electrical buss bars located on the exterior of the apparatus will be coated to prevent corrosion. ELECTRICAL COMPONENT INSTALLATION All lighting used on the apparatus will be, at a minimum, a two (2) wire light grounded through a wired connection to the battery system. An operational test will be conducted to ensure that any equipment that is permanently attached to the electrical system is properly connected and in working order. The results of the tests will be recorded and provided to the purchaser at time of delivery. BATTERY SYSTEM Six (6) 12 volt, Exide Model 31A950X1W batteries that include the following features will be provided: - 950 CCA, cold cranking amps - 190 amp reserve capacity - High cycle - Group 31 - Rating of 5700 CCA at 0 degrees Fahrenheit - 1140 minutes of reserve capacity - SAE Posts Each battery case will be a black polypropylene material with a vertically ribbed container for increased vibration resistance. The cover will be manifold vented with a central venting location to allow a 45 degree tilt capacity. The inside of each battery will consist of a "maintenance free" grid construction with poly wrapped separators and a flooded epoxy bottom anchoring for maximum vibration resistance. BATTERY SYSTEM A single starting system will be provided. An ignition switch and starter button will be located on the instrument panel. MASTER BATTERY SWITCH A master battery switch, to activate the battery system, will be provided inside the cab within easy reach of the driver. 8/28/2014 52 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 221 An indicator light will be provided on the instrument panel to notify the driver of the status of the battery system. BATTERY COMPARTMENTS Batteries will be stored in well-ventilated compartments that are located under the cab and bolted directly to the chassis frame. The battery compartments will be constructed of 3/16" steel plate and be designed to accommodate a maximum of three (3) group 31 batteries in each compartment. The battery hold-downs will be of a non-corrosive material. All bolts and nuts will be stainless steel. Heavy-duty battery cables will be used to provide maximum power to the electrical system. Cables will be color-coded. Battery terminal connections will be coated with anti-corrosion compound. Battery solenoid terminal connections will be encapsulated with semi-permanent rubberized compound. JUMPER STUDS One (1) set of battery jumper studs with plastic color-coded covers will be installed on the bottom of the driver's side battery box. This will provide for easy jumper cable access. BATTERY CHARGER There will be a Kussmaul 1200, Model 091-187-12-Remote battery charger provided. A bar graph display indicating the state of charge will be provided. The charger will have a maximum output of 40 amps and a fully automatic regulation. The battery charger will be wired to the AC shoreline inlet through an AC receptacle adjacent to the battery charger. Battery charger/compressor will be D3 high on rear wall. The battery charger indicator will be located behind the driver's door on the outside of the cab. SHORELINE INLETS There will be one (1) shoreline inlet provided to operate the dedicated 120 volt circuits on the truck without the use of a generator. The shoreline receptacle(s) will be provided with a NEMA 5-20, 120 volt, 20 amp, straight blade Kussmaul Super auto eject plug with a red weatherproof cover. The cover is spring loaded to close, preventing water from entering when the shoreline is not connected. The unit is completely sealed to prevent road dirt contamination. A solenoid wired to the vehicle's starter is energized when the engine is started. This instantaneously drives the plug from the receptacle. An internal switch arrangement will be provided to disconnect the load prior to ejection to eliminate arcing of the connector contacts. 8/28/2014 53 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 222 The shoreline will be connected to battery charger and engine block heater. A mating connector body will be supplied with the loose equipment. The shoreline receptacle will be located on the driver side of cab, above wheel. BATTERY TRAYS Formed fit heavy-duty roto-molded polyethylene battery trays with drain tubes will be provided for the batteries to sit in. ALTERNATOR A C.E. Niehoff, model C680-1, alternator will be provided. It will have a rated output current of 430 amp as measured by SAE method J56. It will also have a custom three (3)-set point voltage regulator, manufactured by C. E. Niehoff. The alternator will be connected to the power and ground distribution system with heavy-duty cables sized to carry the full rated alternator output. ELECTRONIC LOAD MANAGER An electronic load management (ELM) system will be provided that monitors the vehicles 12-volt electrical system, automatically reducing the electrical load in the event of a low voltage condition, and automatically restoring the shed electrical loads when a low voltage condition expires. This ensures the integrity of the electrical system. For improved reliability and ease of use, the load manager system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load management tasks. Load management systems which require additional components will not be allowed. The system will include the following features: System voltage monitoring. A shed load will remain inactive for a minimum of five minutes to prevent the load from cycling on and off. Sixteen available electronic load shedding levels. Priority levels can be set for individual outputs. High Idle to activate before any electric loads are shed and deactivate with the service brake. If enabled: "Load Man Hi-Idle On" will display on the information center. Hi-Idle will not activate until 30 seconds after engine start up. Individual switch "on" indicator to flash when the particular load has been shed. The information center indicates system voltage. 8/28/2014 54 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 223 The information center includes a "Load Manager" screen indicating the following: Load managed items list, with priority levels and item condition. Individual load managed item condition: ON = not shed SHED = shed SEQUENCER A sequencer will be provided that automatically activates and deactivates vehicle loads in a preset sequence thereby protecting the alternator from power surges. This sequencer operation will allow a gradual increase or decrease in alternator output, rather than loading or dumping the entire 12 volt load to prolong the life of the alternator. For improved reliability and ease of use, the load sequencing system will be an integral part of the vehicle's solid state control system requiring no additional components to perform load sequencing tasks. Load sequencing systems which require additional components will not be allowed. Emergency light sequencing will operate in conjunction with the emergency master light switch. When the emergency master switch is activated, the emergency lights will be activated one by one at half- second intervals. Sequenced emergency light switch indicators will flash while waiting for activation. When the emergency master switch is deactivated, the sequencer will deactivate the warning light loads in the reverse order. Sequencing of the following items will also occur, in conjunction with the ignition switch, at half-second i nterva I s: Cab Heater and Air Conditioning Crew Cab Heater (if applicable) Crew Cab Air Conditioning (if applicable) Exhaust Fans (if applicable) Third Evaporator (if applicable) HEADLIGHTS There will be four (4) JW Speaker, rectangular LED lights mounted in the front quad style, chrome housing on each side of the cab grille: • The outside light on each side will contain a Model 8800-12V - DOT/ECE LB LED, low beam module. • The inside light on each side will contain a Model 8800 -12V - DOT/ECE HB LED, high beam module. 8/28/2014 55 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 224 DIRECTIONAL LIGHTS There will be two (2) Whelen 600 series, LED combination directional/marker lights provided. The lights will be located on the outside cab corners, next to the headlights. The color of the lenses will be the same color as the LED's. ADDITIONAL DIRECTIONAL LIGHT There will be two (2) Whelen, Model 60A00TAR, amber LED populated arrow directional light(s) provided one each side back of the cab. Each light will be provided with a chrome flange. CAB CLEARANCE/MARKER/ID LIGHTS There will be seven (7) Truck-Lite, Model 35200Y, amber LED lights provided to indicate the presence and overall width of the vehicle in the following locations: • Three (3) amber LED identification lights will be installed in the center of the cab above the windshield. • Two (2) amber LED clearance lights will be installed, one (1) on each outboard side of the cab above the windshield. • Two (2) amber LED marker lights will be installed, one (1) on each side above the cab doors. The lights will be mounted with no guard. REAR ID/MARKER DOT LIGHTING The three (3) identification lights located at the rear will be installed per the following: • Truck-Lite, Model 35017R, LED lights • As close as practical to the vertical centerline • Centers spaced not less than six (6) inches or more than twelve (12) inches apart. • Red in color • All at the same height The four (4) clearance lights located at the rear will be installed per the following: • Truck-Lite, Model 35017R, LED lights • To indicate the overall width of the vehicle • One (1) each side of the vertical centerline • All at the same height • As near the top as practical • To be visible from the rear and the side • One (1) each side, facing the side • One (1) each side, facing the rear 8/28/2014 56 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 225 Per FMVSS 108 and CMVSS 108 requirements. FRONT CAB SIDE CLEARANCE/MARKER LIGHTS There will be two (2) Truck-Lite, Model 19036Y, amber LED lights installed to the outside of the chrome wrap around bezel, one (1) on each side of the cab. The lights will activate as clearance/marker lights with the headlight switch and directional lights with the corresponding directional circuit. REAR FMVSS LIGHTING The rear stop/tail and directional LED lighting will consist of the following: • Two (2) Whelen®, Model M6BTT, red LED stop/tail lights • Two (2) Whelen, Model M6T, amber LED arrow turn lights The lights shall be provided with color lenses. The lights will be mounted in a polished combination housing. There will be two (2) Whelen Model M6BUW, LED backup lights with chrome trim provided. LICENSE PLATE BRACKET There will be one (1) license plate bracket mounted on the rear of the body. A white LED light will illuminate the license plate. A polished stainless steel light shield will be provided over the light that will direct illumination downward, preventing white light to the rear. LIGHTING BEZEL There will be two (2) Whelen, Model M6FCV3P , three (3) place chromed ABS housings with Pierce logos provided for the rear M6 series stop/tail, directional, and back up lights. BACK-UP ALARM A PRECO, Model 1040, solid-state electronic audible back-up alarm that actuates when the truck is shifted into reverse will be provided. The device will sound at 60 pulses per minute and automatically adjust its volume to maintain a minimum ten (10) dBA above surrounding environmental noise levels. WARNING LIGHT FLASH PATTERN The flash pattern of all the exterior warning lights will be set to meet the certified California, Title XIII flash pattern by either the light manufacturer's default flash pattern or by a conversion change to the certified flash pattern. INTERMEDIATE LIGHT There will be one (1) pair, of Truck-Lite, Model 60115Y, amber, LED, turn signal, marker lights furnished, one (1) each side, horizontally in the rear fender panel. A stainless steel trim will be included with this installation. 8/28/2014 57 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 226 CAB PERIMETER SCENE LIGHTS There will be four (4) Truck-lite, Model 6060C, white LED lights with grommets provided, one (1) for each cab and crew cab door. These lights will be activated automatically when the battery switch is on and the exit doors are opened or by the same means as the body perimeter scene lights. PERIMETER SCENE LIGHTS, BODY There will be four (4) Truck-Lite, Model 6060C LED lights with rubber grommets provided on the apparatus as perimeter scene lights. • Two (2) lights will be under the rear step, one (1) each side. • Two (2) lights will be under the pump panel area, one (1) each side. Each lights will be activated by a cab door switch. STEP LIGHTS Four (4) white LED step lights will be provided. One (1) step light will be provided on each side, on the front compartment face and two (2) step lights at the rear to illuminate the tailboard. In order to ensure exceptional illumination, each light will provide a minimum of 25 foot-candles (fc) covering an entire 15" x 15" square placed ten (10) inches below the light and a minimum of 1.5 fc covering an entire 30" x 30" square at the same ten (10) inch distance below the light. These step lights will be actuated with the pump panel light switch. All other steps on the apparatus will be illuminated per the current edition of NFPA 1901. SIDE SCENE LIGHTS There will be one (1) Whelen, Model 9SCOENZR LED scene light(s) with chrome flange installed on the side of the apparatus, driver's side behind crew cab door. A control for the light(s) selected above will be the following: a switch at the driver's side switch panel a switch at the passenger's side switch panel no additional switch location no additional switch location These lights may be load managed when the parking brake is set. SIDE SCENE LIGHTS There will be one (1) Whelen, Model 9SCOENZR LED scene light(s) with chrome flange installed on the side of the apparatus, officer's side behind crew cab door. 8/28/2014 58 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 227 A control for the light(s) selected above will be the following: a switch at the driver's side switch panel a switch at the passenger's side switch panel no additional switch location no additional switch location These lights may be load managed when the parking brake is set. 12 VOLT LIGHTING There will be one (1) Whelen Model PFP2P, 12 volt DC LED dual floodlight(s) installed on the apparatus. The painted parts of this light assembly to be white. The lights will be installed driver's side back of the cab. The light(s) to be installed on a side body/surface mount push-up pole(s). The length of the outside pole to be 20.00". The inside pole length to be 57.00" long or as long as practical to fit in the location selected. The light pole(s) to be installed with handle holder(s) and a not stowed sensor connected to the Do Not Move Truck Indicator Light in the cab. The lights will be controlled by the following: • no additional switch location. • no additional switch location. • a cup switch at the driver's side back of cab. • no additional switch location. These light(s) may be load managed when the parking brake is applied. 12 VOLT LIGHTING There will be one (1) Whelen Model PFP2P, 12 volt DC LED dual floodlight(s) installed on the apparatus. The painted parts of this light assembly to be white. The lights will be installed officer's side back of cab. The light(s) to be installed on a side body/surface mount push-up pole(s). The length of the outside pole to be 20.00". 8/28/2014 59 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 228 The inside pole length to be 57.00" long or as long as practical to fit in the location selected. The light pole(s) to be installed with handle holder(s) and a not stowed sensor connected to the Do Not Move Truck Indicator Light in the cab. The lights will be controlled by the following: • no additional switch location. • no additional switch location. • a cup switch at the passenger's side back of cab. • no additional switch location. These light(s) may be load managed when the parking brake is applied. 12 VOLT LIGHTING There will be one (1) Whelen Pioneer PFP2, 12 volt LED floodlight(s) provided on the front visor, centered. The painted parts of this light assembly to be white. The light will be controlled by the following: • a switch at the driver's side switch panel. • a switch at the passenger's side switch panel. • no additional switch location. • no additional switch location. These light(s) may be load managed when the parking brake is set. DOOR SWITCH There will be one (1) momentary three (3) position "on/off/on" switch installed in the driver's side switch panel. The top position will be connected to a Linear Brand, Delta 3, single channel digital transmitter to operate the front door opener. The bottom position will be connected to a Linear Brand, Delta 3, single channel digital transmitter to operate the rear door opener. The switch will be powered up when the battery switch is turned on. The switch will be protected by a single 8 amp circuit breaker. The wires form the switch, with ground wires, will be terminated in two (2) boxes. Each box will be 6.00" x 6.00" x 4.50". Each box will be painted job color. The boxes will be located on the cab roof to the rear of the lightbar and on the drivers side rear catwalk.. 8/28/2014 60 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 229 REAR SCENE LIGHTS) There will be two (2) Whelen, Model 9SCOENZR, LED scene light(s) with chrome flange(s) installed at the rear of the apparatus, two on the rear of the body up high.. The light(s) will be controlled by a switch at the driver's side switch panel, by a switch at the passenger's side switch panel and by a cup switch at the driver's side rear bulkhead. The light(s) may be load managed when the parking brake is set. 8/28/2014 61 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 230 WATER TANK Booster tank will have a capacity of 500 gallons and be constructed of polypropylene plastic by United Plastic Fabricating, Incorporated. Tank joints and seams will be nitrogen welded inside and out. Tank will be baffled in accordance with NFPA Bulletin 1901 requirements. Baffles will have vent openings at both the top and bottom to permit movement of air and water between compartments. Longitudinal partitions will be constructed of .38" polypropylene plastic and will extend from the bottom of the tank through the top cover to allow for positive welding. Transverse partitions will extend from 4.00" off the bottom of the tank to the underside of the top cover. All partitions will interlock and will be welded to the tank bottom and sides. Tank top will be constructed of .50" polypropylene. It will be recessed .38" and will be welded to the tank sides and the longitudinal partitions. Tank top will be sufficiently supported to keep it rigid during fast filling conditions. Construction will include 2.00" polypropylene dowels spaced no more than 30.00" apart and welded to the transverse partitions. Two (2) of the dowels will be drilled and tapped (.50" diameter, 13.00" deep) to accommodate lifting eyes. A sump that is 8.00" long x 8.00" wide x 6.00" deep will be provided at the bottom of the water tank. Sump will include a drain plug and the tank outlet. Tank will be installed in a fabricated cradle assembly constructed of structural steel. Sufficient crossmembers will be provided to properly support bottom of tank. Crossmembers will be constructed of steel bar channel or rectangular tubing. Tank will "float" in cradle to avoid torsional stress caused by chassis frame flexing. Rubber cushions, .50" thick x 3.00" wide, will be placed on all horizontal surfaces that the tank rests on. Stops or other provision will be provided to prevent an empty tank from bouncing excessively while moving vehicle. Mounting system will be approved by the tank manufacturer. Fill tower will be constructed of .50" polypropylene and will be a minimum of 8.00" wide x 14.00" long. Fill tower will be furnished with a .25" thick polypropylene screen and a hinged cover. 8/28/2014 62 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 231 An overflow pipe, constructed of 4.00" schedule 40 polypropylene, will be installed approximately halfway down the fill tower and extend through the water tank and exit to the rear of the rear axle. PAINTED PLATE A vertical plate will be welded at the upper inside area of the rear fender liners each side to conceal the water tank cradle and water tank from view through the wheel well. The plates will be painted to match the body fender liners. Two (2) sleeves will be provided in the water tank for a 3.00" pipe to the rear. HOSE BED The hose bed will be fabricated of 12-gauge galvanneal steel. The sides will not form any portion of the fender compartments. Hose bed width will be minimum of 68.00" inside. Upper and rear edges of side panels will have a double break for rigidity, a split tube finish will not be acceptable. The upper inside area of the beavertails will be covered with brushed stainless steel to prevent damage to painted surface when hose is removed. Flooring of the hose bed will be removable aluminum grating with the top surface corrugated to aid in hose aeration. The grating slats will be a minimum of 0.50" x 4.50" with spacing between slats for hose ventilation. Hose bed will accommodate Left to right 1000' of 4", 400' of 2.5", 200' of 2.5". HOSEBED DIVIDER Two (2) adjustable hosebed dividers will be furnished for separating hose. Each divider will be constructed of a .25" brushed aluminum sheet. Flat surfaces will be sanded for uniform appearance, or constructed of brushed aluminum. Divider will be fully adjustable by sliding in tracks, located at the front and rear of the hose bed. Divider will be held in place by tightening bolts, at each end. Acorn nuts will be installed on all bolts in the hose bed which have exposed threads. HOSE BED CROSS DIVIDER A cross-divider will be provided in the hose bed 94" from the rear edge of the hosebed . The divider will be constructed from the same material as the body, and will extend across the entire hosebed from the driver's side to the passenger's side. It will be bolted to the side sheets. There will be one (1) additional hose bed dividers furnished. 8/28/2014 63 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 232 Each divider will be constructed of a .25" brushed aluminum sheet. Partition will be fully adjustable by sliding in tracks, located at the front and rear of the hose bed. Divider will be held in place by tightening two (2) bolts, one (1) at each end and located between 200' OF 2.50" and the backboard and the be 14" tall. Acorn nuts will be installed on all bolts in the hose bed which have exposed threads. Flat surfaces will be sanded for uniform appearance or constructed of brushed aluminum. HOSE DEFLECTOR A 4.00" deep aluminum treadplate hose deflector will be provided at the rear of the hosebed above the handrail. This deflector will extend 4.00" to the rear and have an angle support. PARTITION SNGL SHEET W/DOOR A single sheet un-painted full length partition will be provided above the ladder storage area between the tank and the side sheet in the hose bed. This partition approximately 12.50" tall x the length of the hose bed and will be held to the otter most edge. A aluminum treadplate door with a D-handle latch latch will be provided at the rear. HOSE BED COVER A four (4) section full length hose bed cover, constructed of .125" bright aluminum treadplate will be furnished.The cover will be split into front and rear with each section having a left and right side. Each section will be attached with a full length stainless steel piano hinge. The sides will be slanted down. The cover will be reinforced so that it can support the weight of a man walking on the cover. If access to water tank fill tower is blocked by the hose bed cover, then a hinged door will be provided in it so that tank may be filled without raising cover doors. Chrome grab handles and gas filled cylinders will be provided to assist in opening and closing the cover. A handrail is to be provided at the rear, in the center of the support, to assist in opening the cover. SAFETY CABLE FOR HOSE BED COVER There will be four (4) safety cable(s) provided for the hosebed cover to provide additional support. HOSEBED RESTRAINT REAR There will be a red vinyl flap installed at the rear of the hosebed. The flap will be attached to the top hosebed frame with Lift-a-dot fasteners. The flap will have straps that loop through footman loops at the bottom of the hosebed and fasten with spring clip and hook fasteners and chain. RUNNING BOARDS Running boards will be fabricated of .125" bright aluminum treadplate. 8/28/2014 64 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 233 Each running board will be supported by a welded 2.00" square tubing and channel assembly, which will be bolted to the pump compartment substructure. Running boards will be 12.75" deep and spaced .50" away from the pump panel. A splashguard will be provided above the running board treadplate. TAILBOARD The tailboard will also be constructed of .125" bright aluminum treadplate and spaced .50" from the body, as well as supported by a structural steel assembly. The tailboard area will be 16.00" deep. The exterior side will be flanged down and in for increased rigidity of tailboard structure. REAR WALL, SMOOTH ALUMINUM/BODY MATERIAL The rear facing surfaces of the center rear wall will be smooth aluminum. The bulkheads, the surface to the rear of the side body compartments, will be smooth and the same material as the body. Any inboard facing surfaces below the height of the hosebed will be aluminum diamondplate . TOW BAR A tow bar will be installed under the tailboard at center of truck. Tow bar will be fabricated of 1.00" CRS bar rolled into a 3.00" radius. Tow bar assembly will be constructed of .38" structural angle. When force is applied to the bar, it will be transmitted to the frame rail. Tow bar assembly will be designed and positioned to allow up to a 30-degree upward angled pull of 17,000 lb, or a 20,000 lb straight horizontal pull in line with the centerline of the vehicle. Tow bar design will have been fully tested and evaluated using strain gauge testing and finite element analysis techniques. CO M PARTM E NTATIO N Body and compartments will be fabricated of galvanneal steel. Side compartments will be an integral assembly with the rear fenders. Circular fender liners will be provided for prevention of rust pockets and ease of maintenance. Compartment flooring will be 12 gauge and of the sweep out design, with the floor higher than the compartment door lip. 8/28/2014 65 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 234 The compartment door opening will be framed by flanging the edges in 1.75" and bending out again .75" to form an angle. Drip protection will be provided above the doors by means of bright aluminum extrusion, formed bright aluminum treadplate, or polished stainless steel. The top of the compartment will be covered with bright aluminum treadplate rolled over the edges on the front, rear, and outward side. These covers will have the corners TIG welded. Side compartment covers will be separate from the compartment tops. Front facing compartment walls will be covered with bright aluminum treadplate. All screws and bolts which protrude into a compartment will have acorn nuts on the ends to prevent injury. UNDERBODY SUPPORT SYSTEM Due to the severe loading requirements of this pumper, a method of body and compartment support suitable for the intended load will be provided. The backbone of the support system will be the chassis frame rails, which is the strongest component of the chassis and designed for sustaining maximum loads. The support system will include .375" thick steel vertical angle supports bolted to the chassis frame rails with .625" diameter bolts. Attached to the bottom of the steel vertical angles will be horizontal angles, with gussets welded to the vertical members, which extend to the outside edge of the body. A steel frame will be mounted on the top of these supports to create a floating substructure, which results in a 500 lb equipment support rating per lower compartment. The floating substructure will be separated from the horizontal members with neoprene elastomer isolators. These isolators will reduce the natural flex stress of the chassis from being transmitted to the body. The isolators will have a broad load range, proven viability in vehicular applications, be of a fail safe design and allow for all necessary movement in three (3) transitional and rotational modes. The neoprene isolators will be installed in a modified V three (3)-point mounting pattern to reduce the natural flex of the chassis being transmitted to the body. AGGRESSIVE WALKING SURFACE All exterior surfaces designated as stepping, standing, and walking areas will comply with the required average slip resistance of the current NFPA standards. 8/28/2014 66 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 235 LOUVERS Louvers will be stamped into compartment walls to provide the proper airflow inside the body compartments and to prevent water from dripping into the compartment. Where these louvers are provided, they will be formed into the metal and not added to the compartment as a separate plate. TESTING OF BODY DESIGN Body structural analysis has been fully tested. Proven engineering and test techniques such as finite element analysis, model analysis, stress coating and strain gauging have been performed with special attention given to fatigue, life and structural integrity of the cab, body and substructure. The body will be tested while loaded to its greatest in-service weight. The criteria used during the testing procedure will include: - Raising opposite corners of the vehicle tires 9.00", simulating the twisting a truck may experience when driving over a curb. - Making a 90 degree turn while at 20 mph, simulating aggressive driving conditions. - Driving the vehicle at 35 mph on a washboard road. - Driving the vehicle at 55 mph on a smooth road. - Accelerating the vehicle fully, until reaching the approximate speed of 45 mph, on rough pavement. Evidence of actual testing techniques will be made available upon request. COMPARTMENTATION, DRIVER'S SIDE A full height, vertically hinged, single door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 67.63" high x 25.88" deep in the lower 26.00" of the compartment and 12.00" deep in the remaining upper portion. The depth of the compartment will be calculated with the compartment door closed. The compartment interior will be fully open from the compartment ceiling to the compartment floor and designed so that no permanent dividers are required between the upper and lower sections. The clear door opening of this compartment will be 30.00" wide x 63.00" high. A positive door holder will be furnished with this compartment. A horizontally hinged, single lift-up door compartment over the rear wheels will be provided. The interior dimensions of this compartment will be 66.50" wide x 32.88" high x 12.00" deep. The depth of the compartment will be calculated with the compartment door closed. The clear door opening of this compartment will be 59.50" wide x 28.25" high. The lift-up door will be furnished with two (2) gas-charged cylinders to assist in the opening of the door and to maintain the door in an open position. There will be a field adjustable, three-position bracket mounted on the vertical side door opening that will allow the door to be held open at 870, 900, or 93°. 8/28/2014 67 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 236 Closing of the door will not require releasing, unlocking, or unlatching any mechanism. A full height, vertically hinged, double door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.50" wide x 67.63" high x 12.00" deep. A section of this compartment will be 25.88" deep x 47.50" width x 28.00" height directly behind the rear wheels. The depth of the compartment will be calculated with the compartment door closed. The compartment interior will be fully open from the compartment ceiling to the compartment floor and designed so that no permanent dividers are required between the upper and lower sections. The clear door opening of this compartment will be 46.00" wide x 63.00" high. Positive door holders will be furnished with this compartment. COMPARTMENTATION, PASSENGER'S SIDE A full height, vertically hinged, single door compartment ahead of the rear wheels will be provided. The interior dimensions of this compartment will be 34.50" wide x 67.63" high x 25.88" deep in the lower 26.00" of the compartment and 12.00" deep in the remaining upper portion. The depth of the compartment will be calculated with the compartment door closed. The compartment interior will be fully open from the compartment ceiling to the compartment floor and designed so that no permanent dividers are required between the upper and lower sections. The clear door opening of this compartment will be 30.00" wide x 63.00" high. A positive door holder will be furnished with this compartment. A horizontally hinged, single lift-up door compartment over the rear wheels will be provided.. The interior dimensions of this compartment will be 66.50" wide x 32.88" high x 12.00" deep. The depth of the compartment will be calculated with the compartment door closed. The clear door opening of this compartment will be 59.50" wide x 28.25" high. The lift-up door will be furnished with two (2) gas-charged cylinders to assist in the opening of the door and to maintain the door in an open position. There will be a field adjustable, three-position bracket mounted on the vertical side door opening that will allow the door to be held open at 870, 900, or 930. Closing of the door will not require releasing, unlocking, or unlatching any mechanism. A full height, vertically hinged, double door compartment behind the rear wheels will be provided. The interior dimensions of this compartment will be 47.50" wide x 67.63" high x 12.00" deep. A section of this compartment will be 25.88" deep x 47.50"wide x 26.00" high directly behind the rear wheels. The depth of the compartment will be calculated with the compartment door closed. The compartment interior will be fully open from the compartment ceiling to the compartment floor and designed so that no permanent dividers are required between the upper and lower sections. The clear door opening of this compartment will be 46.00" wide x 63.00" high. A positive door holder will be furnished with this compartment. 8/28/2014 68 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 237 DOORS, SIDE COMPARTMENT All hinged compartment doors will be lap style with double panel construction and will be a minimum of 1.50" thick. To provide additional door strength a "C" section reinforcement will be installed between the outer and interior panels. Doors will be provided with a closed cell rubber gasket around the surface that laps onto the body. A second heavy-duty automotive rubber molding with a hollow core will be installed on the door framing that seals onto the interior panel, to ensure a weather resisting compartment. All compartment doors will have polished stainless steel continuous hinge with a pin diameter of .25" that is bolted or screwed on with stainless steel fasteners. All door lock mechanisms will be fully enclosed within the door panels to prevent fouling of the lock in the event equipment inside shifts into the lock area. Doors will be latched with recessed, polished stainless steel "D" ring handles and Eberhard 106 locks. To prevent corrosion caused by dissimilar metals, compartment door handles will not be attached to outer door panel with screws. A rubber gasket will be provided between the "D" ring handle and the door. COMPARTMENTATION, REAR A roll-up door compartment above the rear tailboard will be provided. The interior dimensions of this compartment will be 40.00" wide x 40.63" high x 25.88" deep in the lower 32.38" of height and 15.75" deep in the remaining upper portion. The depth of the compartment will be calculated with the compartment door closed. A louvered, removable access panel will be furnished on the back wall of the compartment. The rear compartment will be open into the rear side compartments. The clear door opening of this compartment will be 33.25" wide x 32.38" high. Closing of the door will not require releasing, unlocking, or unlatching any mechanism and will easily be accomplished with one hand. ROLL-UP DOOR, REAR COMPARTMENT There will be a rear roll up door. The door will be double faced aluminum construction, an anodized satin finish and manufactured by A&A Manufacturing (Gortite). Lath sections will be an interlocking rib design and will be individually replaceable without complete disassembly of door. Between each slat at the pivoting joint will be a PVC inner seal to prevent metal to metal contact and prevent dirt or moisture from entering the compartments. Seals will allow door to operate in extreme 8/28/2014 69 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 238 temperatures ranging from plus 180 to minus 40 degrees Fahrenheit. Side, top and bottom seals will be provided to resist ingress of dirt and weather and be made of Santoprene. All hinges, barrel clips and end pieces will be nylon 66. All nylon components will withstand temperatures from plus 300 to minus 40 degrees Fahrenheit. A polished stainless steel lift bar with locking key latches to be provided for each roll-up door. The keys to be Model 751 to match all compartment and cab doors. Lift bar will be located at the bottom of door and have latches on the outer extrusion of the doors frame. A ledge will be supplied over lift bar for additional area to aid in closing the door. Door will be constructed from an aluminum box section. The exterior surface of each slat will be flat. The interior surface will be concave to provide strength and prevent loose equipment from jamming the door from inside. To conserve space in the compartments, the spring roller assembly will not exceed 3.00" in diameter. The header for the roll-up door assembly will not exceed 4.00". A heavy-duty magnetic switch will be used for control of open compartment door warning lights. ELECTRIC DOOR LOCKS There will be six (6) door(s) located D1, D2, D3, P1, P2 and P3 equipped with electric locks. The locks will be wired battery direct. The switch for control will be located One switch for six (D1, D2. D3, P2, R1 on cab dash and one switch located in crew cab area officer's side behind doorjamb for EMS cabinet P1 and P3.. In the event of loss of power, a manual override is available. ELECTRIC DOOR LOCKS There will be one (1) door(s) located R1 equipped with electric locks. The locks will be wired battery direct. The switch for control will be located One switch for six (D1, D2. D3, P2, R1 on cab dash and one switch located in crew cab area officer's side behind door jamb for EMS cabinet P1 and P3. In the event of loss of power, a manual override is available. PULL STRAP, DOORS The two (2) compartment doors, located D2 AND P2, will be provided with pull straps. REVERSE HINGED DOOR The two (2) compartment doors, located D3 and P3, will have the hinge at the rear of the door. COMPARTMENT LIGHTING There will be seven (7) compartment(s) with two (2) Pierce LED compartment light strips. The dual light strips will be centered vertically along each side of the door framing. There will be two (2) light strips per compartment.The dual light strips will be in compartment(s): D1, D2, D3, P1, P2, P3, R1. Any remaining compartments without light strips will have a 6.00" diameter Truck-Lite, Model: 79384 light. Each light will have a number 1076 one filament, two wire bulb. 8/28/2014 70 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 239 Opening the compartment door will automatically turn the compartment lighting on. ACCESS PANEL The bright aluminum treadplate flooring on the driver's side of the cargo compartment will be hinged with quarter turn latches for access to the pump and plumbing. MOUNTING TRACKS There will be seven (7) sets of tracks for mounting shelf(s) in D1, D2, D3, P1, P2, P3, R1. These tracks will be installed vertically to support the adjustable shelf(s), and will be full height of the compartment. The tracks will be painted to match the compartment interior. ADJUSTABLE SHELVES There will be 11 shelves with a capacity of 500 pounds provided. The shelf construction will consist of .188" aluminum with 2.00" sides. Each shelf will be painted to match the compartment interior. Each shelf will be infinitely adjustable by means of a threaded fastener, which slides in a track. The shelves will be held in place by .12" thick stamped plated brackets and bolts. The location will be (1) up high in compartment D1, D2, D3, P2. One in R1 and Three in P3 one low and two high. Add a second shelf to the lower portion of D3 Two (2) One high and one low in P1.. SLIDE-OUT FLOOR MOUNTED TRAY There will be one (1) floor mounted slide-out tray(s) with 2.00" sides provided one (1) in the compartment behind the tank between the Drivers rear 2.5" and drivers side sheet. This tray should be 44" and the width of the compartment.. Each tray will be rated for up to 5001b in the extended position. The tray(s) will be constructed of a minimum .13" aluminum with welded corners. The finish will be painted to match compartment interior. There will be two undermount-roller bearing type slides rated at 2501b each provided. The pair of slides will have a safety factor rating of 2. To ensure years of dependable service, the slides will be coated with a finish that is tested to withstand a minimum of 1,000 hours of salt spray per ASTM B117. To ensure years of easy operation, the slides will require no more than a 501b force for push-in or pull- out movement when fully loaded after having been subjected to a 40 hour vibration (shaker) test under full load. The vibration drive file will have been generated from accelerometer data collected from a heavy truck chassis driven over rough gravel roads in an unloaded condition. Proof of compliance will be provided upon request. Automatic locks will be provided for both the "in" and "out" positions. The trip mechanism for the locks will be located at the front of the tray for ease of use with a gloved hand. DRAWER ASSEMBLY A slideout drawer assembly will be installed D3 TO BE BUILT SAME AS #27450. 8/28/2014 71 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 240 The clear dimensions starting at the top of the cabinet with the first drawer will be 2.25" with a face plate that is 3.00" high x 21.00" deep. The clear dimensions of the second drawer will be 2.75" with a face plate that is 3.00" high x 21.00" deep. The clear dimensions of the third drawer will be 3.75" with a face plate that is 4.00" high x 21.00" deep. The clear dimensions of the fourth drawer will be 3.75" with a face plate that is 4.00" high x 21.00" deep. Each drawer will be the same width and not exceed 36.00". The drawers will have a capacity of 250 pounds. The drawers will be mounted in a cabinet housing constructed of light gray powder coated aluminum with anodized aluminum frames. The housing will be 24.00" deep, and completely enclose the drawer. A full-length aluminum extruded rail will be provided at the top edge of each drawer. This rail will act as the latching mechanism as well as the handle for each drawer. There will be a total of one (1) provided. STORAGE An enclosed weather resistant compartment will be located from the water tank to the end of the lower rear extended compartment on the D.S. above the lower rear extended rear compartment. side of body. A vertically hinged smooth aluminum door with a D-handle latch will be provided at the rear of the compartment. The storage compartment will be approximately 44.00" deep x 22.50" high x 12.25 " wide with a clear door opening of 12.50" wide x 22.25" high. LOUVERS, DELETE, STANDARD PER COMPARTMENT Delete the standard louvers in compartment(s) P3. The total number of deleted louvers will be one (1). NFPA 1901, 2009 edition, section 15.1.1 requires any enclosed external compartment will be weather resistant and ventilated and have provisions for drainage of moisture. Per fire department specification and request to have one (1) or more compartments provided without louvers, the apparatus will be non-compliant to NFPA 1901 standards at time of contract execution. MATTING, COMPARTMENT SHELVING Turtle Tile compartment matting will be provided in 13 shelves. The locations are, all shelves and floor trays. The color of the Turtle Tile will be black. PARTITION, TRANSVERSE REAR COMPARTMENT Two (2) partitions will be bolted in place to separate driver and passenger side rear compartments from the rear tailboard compartment. The treadplate diamonds on the rear compartment and ladder compartment will be ground smooth where the door "D" molding meets the compartment edges. 8/28/2014 72 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 241 RUB RAIL Bottom edge of the side compartments will be trimmed with a bright aluminum extruded rub rail. Trim will be 2.12" high with 1.38" flanges turned outward for rigidity. The rub rails will not be an integral part of the body construction, which allows replacement in the event of damage. BODY FENDER CROWNS Stainless steel fender crowns will be provided around the rear wheel openings. A rubber welting will be installed between the body and the crown to seal the seam and restrict moisture from entering. A dielectric barrier will be provided between the fender crown fasteners (screws) and the fender sheet metal to prevent corrosion. HARD SUCTION HOSE Hard suction hose will not be required. HANDRAILS The handrails will be 1.25" diameter anodized aluminum extrusion, with a ribbed design, to provide a positive gripping surface. Chrome plated end stanchions will support the handrail. Plastic gaskets will be used between end stanchions and any painted surfaces. Drain holes will be provided in the bottom of all vertically mounted handrails. - Two (2) handrails will be provided with one (1) above the driver side pump panel and one (1) above the passenger side pump panel. - Two (2) vertical handrails will be provided with one (1) on both the driver's and passenger's side body, on the front bulkhead door frame. One (1) vertical handrail, not less than 29.00" long, will be located on the driver side rear beavertail. • Two (2) horizontal handrails will be provided below the hose bed at the rear of the apparatus, one each side. AIR BOTTLE STORAGE INSERT A total of three (3) inserts will be provided for the air bottle storage compartments. The air bottle compartment will be located for officer's side double bottle compartments. The inserts will be formed in a "W" shape to help contain the bottles. 8/28/2014 73 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 242 AIR BOTTLE STORAGE (DOUBLET A quantity of three (3) air bottle compartments, 15.25" wide x 7.75" tall x 26.00" deep, will be provided on the driver side forward of the rear wheels, on the passenger side forward of the rear wheels and on the passenger side rearward of the rear wheels . A polished stainless steel door with a chrome plated flush lift &turn latch will be provided to contain the air bottle. A dielectric barrier will be provided between the door hinge, hinge fasteners and the body sheet metal. Inside the compartment, black rubber matting will be provided. EXTENSION LADDER There will be a 24', two (2) section, aluminum, Duo-Safety, Series 900-A extension ladder provided. ROOF LADDER There will be a 14' aluminum, Duo-Safety, Series 775-A roof ladder provided. LADDER STORAGE The ladders will be stored between the water tank and the passenger's side compartments. The ladders will extend into the pump compartment just to the rear of the water pump discharges. The ladder storage area will be enclosed as practical by means of sheet metal to protect the ladders from road dirt. The ladders that extend into the pump house will also be enclosed. A black rubber boot will be provided to enclosed the ladders in the gap between the pump house and the body. Each ladder will be stored vertically in a separate stainless steel storage trough. Each stainless steel trough will be lined with Dura-Surf nylon slides. A bright aluminum treadplate enclosure will be provided at the rear of the body to properly contain the ladders. This enclosure will extend to the rear of the side body compartments. The enclosure will also include a vertically hinged smooth aluminum door with a D-handle latch to access the ladders. FOLDING LADDER One (1) 10' aluminum, Series 585-A Duo-Safety folding ladder will be installed in a U-shaped trough inside the ladder storage compartment. DURA-SURF LADDER SLIDES Black Dura-Surf friction reducing material will be added to the stainless steel slides, on the bottom horizontal surfaces, of the ladder storage rack. TRASH HOOK, 6' One (1) pike pole 6' long Nupla trash hook/s with a fiberglass "D" handle, will be provided and located Ladder Tunnel. 8/28/2014 74 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 243 PIKE POLE PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, Section 5.8.3 requires one (1) 8 ft or longer pike pole mounted in a bracket fastened to the apparatus. The pike pole is not on the apparatus as manufactured. The fire department will provide and mount the pike pole. The pike pole(s) will be a Akron 10' pike pole. 6 FT PIKE POLE There will be one (1) Fire Hooks Unlimited APH-6, 6 foot pike pole(s) with fiberglass "D" handles provided. PIKE POLE STORAGE Stainless steel U-shaped trough be used for the storage of two (2) pike poles, with D-handle style grip, will be provided and installed in the ladder compartment. bacically two troughs welded together with divider between them on there side to be placed over the roof ladder in the ladder tunnel.. WARNING LABELS) There will be two (2) label(s), indicating "NO STEP", provided top of the A/C on cab roof. STEPS A folding step will be provided on the front of each fender compartment. The step will be bright finished, non-skid with a luminescent coating that is rechargeable from any light source and can hold a charge for up to 24 hours. Each step will incorporate an LED light to illuminate the stepping surface. The step can be used as a hand hold with two openings wide enough for a gloved hand. REAR STEPS Aluminum treadplate corner steps and bright finished, non-skid folding steps will be provided at the rear. The folding steps will have a a luminescent coating that is rechargeable from any light source and can hold a charge for up to 24 hours. Each folding step will incorporate an LED light to illuminate the stepping surface. The folding steps can be used as a hand hold with two openings wide enough for a gloved hand. All steps will provide adequate surface for stepping. SLIDE-OUT PLATFORM Two (2) slideout platforms will be provided one each side under the pump panel. The capacity rating will be 500 Ibs in the extended position. Automatic locks will be provided for both the "in" and "out" positions. The trip mechanism for the locks will be located at the front of the tray for ease of use with a gloved hand. There will be a Whelen, part number 01-066D068-00, 2.00" round white 12 volt DC LED light provided to illuminate the ground area. This platform will include a switch that will activate the Do Not Move Truck Indicator light in the cab when the battery switch is on, the parking brake is released and the platform is not in the stowed position. 8/28/2014 75 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 244 Four (4) additional folding steps will be located two each side on the front compartment bulkheads . The step(s) will be bright finished, non-skid, with a luminescent coating. The luminescent coating is rechargeable from any light source and can hold a charge for up to 24 hours. Each step will incorporate an LED light to illuminate the stepping surface. The step(s) can be used as a hand hold with two openings wide enough for a gloved hand. 8/28/2014 76 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 245 PUMP Pump will be a Waterous CSU, 1500 gpm single (1) stage midship mounted centrifugal type. Pump will be the class "A" type. Pump will deliver the percentage of rated discharge at pressures indicated below: - 100% of rated capacity at 150 psi net pump pressure. -70% of rated capacity at 200 psi net pump pressure. -50% of rated capacity at 250 psi net pump pressure. Pump body will be close-grained gray iron, bronze fitted, and horizontally split in two (2) sections for easy removal of the entire impeller shaft assembly (including wear rings). Pump will be designed for complete servicing from the bottom of the truck, without disturbing the pump setting or apparatus piping. Pump case halves will be bolted together on a single horizontal face to minimize chance of leakage and facilitate ease of reassembly. No end flanges will be used. Discharge manifold of the pump will be cast as an integral part of the pump body assembly and will provide a minimum of three (3) 3.50" openings for flexibility in providing various discharge outlets for maximum efficiency. The three (3) 3.50" openings will be located as follows: one (1) outlet to the right of the pump, one (1) outlet to the left of the pump, and one (1) outlet directly on top of the discharge manifold. Impeller shaft will be stainless steel, accurately ground to size. It will be supported at each end by sealed, anti-friction ball bearings for rigid precise support. Impeller will have flame plated hubs assuring maximum pump life and efficiency despite any presence of abrasive matter in the water supply. Bearings will be protected from water and sediment by suitable stuffing boxes, flinger rings, and oil seals. No special or sleeve type bearings will be used. Pump will be equipped with a self-adjusting, maintenance-free, mechanical shaft seal. The mechanical seal will consist of a flat, highly polished, spring fed carbon ring that rotates with the impeller shaft. The carbon ring will press against a highly polished stainless steel stationary ring that is sealed within the pump body. In addition, a throttling ring will be pressed into the steel chamber cover, providing a very small clearance around the rotating shaft in the event of a mechanical seal failure. The pump performance will not deteriorate, nor will the pump lose prime, while drafting if the seal fails during pump operation. 8/28/2014 77 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 246 Wear rings will be bronze and easily replaceable to restore original pump efficiency and eliminate the need to replace the entire pump casing due to wear. PUMP TRANSMISSION The pump transmission will be made of a three (3) piece, aluminum, horizontally split casing. Power transfer to pump will be through a high strength Morse HYNO silent drive chain. By the use of a chain rather than gears, 50% of the sprocket will be accepting or transmitting torque, compared to two (2) or three (3) teeth doing all the work. Drive shafts will be 2.35" diameter hardened and ground alloy steel and supported by ball bearings. The case will be designed to eliminate the need for water cooling. AIR PUMP SHIFT Pump shift engagement will be made by a two (2) position sliding collar, actuated pneumatically (by air pressure), with a three (3) position air control switch located in the cab. A manual back-up shift control will also be located on the driver's side pump panel. Two (2) indicator lights will be provided adjacent to the pump shift inside the cab. One (1) green light will indicate the pump shift has been completed and be labeled "pump engaged". The second green light will indicate when the pump has been engaged, and that the chassis transmission is in pump gear. This indicator light will be labeled "OK to pump". Another green indicator light will be installed adjacent to the hand throttle on the pump panel and indicate either the pump is engaged and the road transmission is in pump gear, or the road transmission is in neutral and the pump is not engaged. This indicator light will be labeled "Warning: Do not open throttle unless light is on". The pump shift control in the cab will be illuminated to meet NFPA requirements. TRANSMISSION LOCK-UP The direct gear transmission lock-up for the fire pump operation will engage automatically when the pump shift control, in the cab, is activated. AUXILIARY COOLING SYSTEM A supplementary heat exchange cooling system will be provided to allow the use of water from the discharge side of the pump for cooling the engine water. The heat exchanger will be cylindrical type and will be a separate unit. The heat exchanger will be installed in the pump or engine compartment with the control located on the pump operator's control panel. Exchanger will be plumbed to the master drain valve. INTAKE RELIEF VALVE An Elkhart relief valve will be installed on the suction side of the pump preset at 125 psig. Relief valve will have a working range of 75 psig to 250 psig. 8/28/2014 78 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 247 Outlet will terminate below the frame rails with a 2.50" National Standard hose thread adapter and will have a "do not cap" warning tag. Control will be located behind an access door at a side pump panel. PRESSURE CONTROLLER A Pierce Pressure Governor will be provided. An electric pressure governor will be provided which is capable of automatically maintaining a desired preset discharge pressure in the water pump. When operating in the pressure control mode, the system will automatically maintain the discharge pressure set by the operator (within the discharge capabilities of the pump and water supply) regardless of flow, within the discharge capacities of the water pump and water supply. A pressure transducer will be installed in the water discharge of the pump. The transducer continuously monitors pump pressure sending a signal to the Electronic Control Module (ECM). The governor can be used in two (2) modes of operation, RPM mode and pressure modes. In the RPM mode, the governor can be activated after vehicle parking brake has been set.When in this mode, the governor will maintain the set engine speed, regardless of engine load (within engine operation capabilities). In the pressure mode, the governor system can only operate after the fire pump has been engaged and the vehicle parking brake has been set. When in the pressure mode, the pressure controller monitors the pump pressure and varies engine speed to maintain a precise pump pressure. The pressure controller will use a quicker reacting J1939 database for engine control. (excluding Cat engines) A preset feature allows a predetermined pressure or rpm to be set. A pump cavitation protection feature is also provided which will return the engine to idle should the pump cavitate. Cavitation is sensed by the combination of pump pressure below 30 psi and engine speed above 2000 rpm for more than five (5) seconds. The throttle will be a vernier style control, with a large control knob for use with a gloved hand. A throttle ready light will be provided adjacent to the throttle control. A large .75" RPM display will be provided to be visible at a glance. Check engine, and stop engine indicator lights will be provided for easy viewing. Large .75" push buttons will be provided for menu, mode, preset, and silence selections. The water tank level indicator will be incorporated in the pressure governor. A fuel level indicator will be incorporated in the pressure controller. A pump hour meter will be incorporated in the pressure controller. 8/28/2014 79 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 248 The pressure controller will incorporate monitoring for engine temperature, oil pressure, fuel level alarm, and voltage. Pump monitoring will include, pump gearcase temperature, error codes, diagnostic data, pump service reminders, and time stamped data logging, to allow for fast accurate trouble shooting. It will also notify the driver/engineer of any problems with the engine and the apparatus. Complete understandable messages will be provided in a 20-character display, providing for fewer abbreviations in the messages. An automatic dim feature will be included for night operations. The pressure controller will include a USB port for easy software upgrades, which can be downloaded through a USB memory stick, eliminating the need for a laptop for software installations. A complete interactive manual will be provided with the pressure controller. PRIMER SYSTEM A Waterous electric pump priming system conforming to standards outlined in the current edition of NFPA 1901 will be furnished with the apparatus. One (1) VPO electric motor driven rotary vane primer will be provided. One (1) VAP vacuum activated priming valve will be plumbed main pump. One (1) momentary push-button control will be located at the pump operator's panel. The push button control system control will operate an electric priming motor and the priming valve will automatically open during priming and close when the primer is deactivated. THERMAL RELIEF VALVE A Waterous Overheat Protection Manager (OPM) will be included on the pump that monitors pump water temperature and opens to relieve water to cool the pump when the temperature of the pump water exceeds 140 Degrees F (60 C) and a red warning light that is triggered when the water in the pump reaches 180 F (82 Q. The warning light will act as an additional protection device if the temperature in the pump keeps rising after the valve opens. The warning light and alarm with a test switch will be mounted on the pump operator panel. The discharge line will be plumbed to ground. PUMP MANUALS Two (2) pump manuals from the pump manufacturer will be furnished in compact disc format with the apparatus. The manuals will cover pump operation, maintenance, and parts. PLUMBING All inlet and outlet plumbing, 3.00" and smaller, will be plumbed with either stainless steel pipe or synthetic rubber hose reinforced with high-tensile polyester braid. Small diameter secondary plumbing such as drain lines will be stainless steel, brass or hose. 8/28/2014 80 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 249 Where vibration or chassis flexing may damage or loosen piping or where a coupling is required for servicing, the piping will be equipped with victaulic or rubber couplings. Plumbing manifold bodies will be ductile cast iron or stainless steel. All lines will drain through a master drain valve or will be equipped with individual drain valves. All individual drain lines for discharges will be extended with a hose to drain below the chassis frame. All water carrying gauge lines will be of flexible polypropylene tubing. MAIN PUMP INLETS A 6.00" pump manifold inlet will be provided on each side of the vehicle. The suction inlets will include removable die cast zinc screens that are designed to provide cathodic protection for the pump, thus reducing corrosion in the pump. MAIN INLET CAPS, PROVIDED BY FIRE DEPARTMENT NFPA 1901, section 16.6.8 requires all intakes to be provided with caps or closures capable of withstanding a hydrostatic gauge pressure of 500 psi. The caps are not on the apparatus as manufactured. The fire department will provide both caps for the main pump inlets. INLET VALVES WITH INTAKE RELIEF VALVE Two (2) butterfly valves Task Force Tips Model AB7HNP-NX ball intake valve will be installed on the both the driver's side and the passenger's side main pump inlets main pump inlets. The valves will be located outside the pump panel. The intake valve will have a 4.00" FNST connection by 6.00" female NST swivel. Valves will be manually actuated, with a handwheel. The valve will include an adjustable relief valve. The relief valve air bleeder drain will be plumbed through the pump panel, and terminate behind the operator's panel. SHORT SUCTION TUBE The suction tubes on the midship pump will have "short" suction tubes to allow for installation of adapters without excessive overhang. VALVES All ball valves will be Akron® Brass. The Akron valves will be the 8000 series heavy-duty style with a stainless steel ball and a simple two-seat design. No lubrication or regular maintenance is required on the valve. Valves will have a ten (10) year warranty. 8/28/2014 81 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 250 INLET (LEFT SIDE) On the left side pump panel will be one (1)-2.50" auxiliary suction terminating in 2.50" National Standard Hose Thread. The auxiliary suction will be provided with strainer, chrome swivel and plug. The piping and valve will be 3.00" for this inlet. The location of the valve for the one (1) inlet will be recessed behind the pump panel. ANODE, INLET A pair of sacrificial zinc anodes will be provided in the water pump inlets to protect the pump from corrosion. INLET CONTROL Control for the side auxiliary inlet(s) will be located at the inlet valve. INLET BLEEDER VALVE A .75" bleeder valve will be provided for each side gated inlet. The valves will be located behind the panel with a swing style handle control extended to the outside of the panel. The handles will be chrome plated and provide a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. The water discharged by the bleeders will be routed below the chassis frame rails. TANK TO PUMP The booster tank will be connected to the intake side of the pump with heavy duty piping and a quarter turn 3.00" full flow line valve with the control remotely located at the operator's panel. Tank to pump line will run straight (no elbows) from the pump into the front face of the water tank and angle down into the tank sump. A rubber coupling will be included in this line to prevent damage from vibration or chassis flexing. A check valve will be provided in the tank to pump supply line to prevent the possibility of "back filling" the water tank. TANK REFILL A 1.50" combination tank refill and pump re-circulation line will be provided, using a quarter-turn full flow ball valve controlled from the pump operator's panel. LEFT SIDE DISCHARGE OUTLETS There will be two (2) discharge outlets with a 2.50" valve on the left side of the apparatus, terminating with 2.50"(M) National Standard hose thread adapter. DISCHARGE OUTLETS (RIGHT SIDE) There will be one (1) discharge outlet with a 3.00" valve on the right side of the apparatus, terminating with 2.50" male National Standard hose thread adapter. 8/28/2014 82 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 251 DISCHARGE OUTLET, 4.00" There will be a 4.00" discharge outlet with a 4.00" Akron valve installed on the right side of the apparatus, terminating with male a 4.00" National Standard hose thread adapter. This discharge outlet will be actuated with a handwheel control at the pump operator's control panel. An indicator will be provided to show when the valve is in the closed position. DISCHARGE OUTLET (REAR) There will be two (2) discharge outlets piped to the rear of the hose bed, on one (1) each side, installed so proper clearance is provided for spanner wrenches or adapters. Plumbing will consist of 2.50" piping along with a 2.50" full flow ball valve with the control from the pump operator's panel. DISCHARGE CAPS Chrome plated, rocker lug, caps with vinyl covered cables will be furnished for all discharge outlets. The auxiliary inlet plugs will have vinyl covered cables. OUTLET BLEEDERS A .75" bleeder valve will be provided for each outlet 1.50" or larger. Automatic drain valves are acceptable with some outlets if deemed appropriate with the application. The valves will be located behind the panel with a swing style handle control extended to the outside of the side pump panel. The handles will be chrome plated and provide a visual indication of valve position. The swing handle will provide an ergonomic position for operating the valve without twisting the wrist and provides excellent leverage. Bleeders will be located at the bottom of the pump panel. They will be properly labeled identifying the discharge they are plumbed in to. The water discharged by the bleeders will be routed below the chassis frame rails. LEFT SIDE OUTLET ELBOWS The 2.50" discharge outlets, located on the left side pump panel, will be furnished with a 2.50"(F) National Standard hose thread x 2.50"(M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates a Pierce exclusive thread design to automatically relieve stored pressure in the line when disconnected. RIGHT SIDE OUTLET ELBOWS The 2.50" discharge outlets, located on the right side pump panel, will be furnished with a 2.50"(F) National Standard hose thread x 2.50"(M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates a Pierce exclusive thread design to automatically relieve stored pressure in the line when disconnected. 8/28/2014 83 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 252 REAR OUTLET ELBOWS The 2.50" discharge outlets, located at the rear of the apparatus, will be furnished with a 2.50"(F) National Standard hose thread x 2.50"(M) National Standard hose thread, chrome plated, 45 degree elbow. The elbow will be Pierce VLH, which incorporates a Pierce exclusive thread design to automatically relieve stored pressure in the line when disconnected. LARGE DIAMETER OUTLET ELBOWS The 4.00" outlet will be furnished with a 4.00"(F) National Standard hose thread x 4.00"(M) National Standard hose thread adapter with a cap and cable. The elbow will be the VLH, which incorporates a Pierce exclusive thread design to automatically relieve stored pressure in the line when disconnected. REDUCER There will be two (2) adapters with 2.50" FNST x 1.50" MNST threads and a 1.50" chrome plated cap installed on one on driver's side, one on officer's side pump panel . DISCHARGE OUTLET CONTROLS The discharge outlets will incorporate a quarter-turn ball valve with the control located at the pump operator's panel. The valve operating mechanism will indicate the position of the valve. If a handwheel control valve is used, the control will be a minimum of a 3.9" diameter stainless steel handwheel with a dial position indicator built in to the center of the handwheel. DELUGE RISER, W/DUAL CONTROL, XG-18 EXTEND-A-GUN The deluge riser piping will include a 18.00" Task Force Model XG18 Extend-A-Gun extension. This extension will be telescopic to allow the deluge gun to be raised 18.00" increasing the range of operation. A position sensor will be provided on the telescopic piping that will activate the "do not move vehicle" light inside the cab when the monitor is in the raised position. The riser plumbing will be gated and controlled at the pump operator's panel by a handwheel control with position indicator. A second handwheel control without position indicator will be provided above the pump adjacent to the outlet. Plumbing will consist of 3.00" piping and an Akron 3.00" valve, terminating on the driver's side cargo area. Piping will be installed securely so no movement develops when the line is charged. 8/28/2014 84 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 253 MONITOR An Elkhart Model 8297 "Stinger" monitor will be properly installed on the deluge riser. This monitor will include both the fixed base and the portable base with 4.0" NSTF swivel inlet. The monitor will be painted to match the body. MONITOR NOZZLE An Elkhart #SM-1250 Select-O-Matic manual pattern control master stream nozzle will be provided. Also included is an Elkhart ST-194 Quad stack tips and 282A shaper. The deluge riser will have a 3.00" four (4)-bolt stainless steel flange for mounting the monitor. CROSSL" HOSE BEDS Three (3) crosslays with 1.50" outlets will be provided. Each bed to be capable of carrying 200 feet of 1.75" double jacketed hose and will be plumbed with 2.00" W. pipe and gated with a 2.00" quarter turn ball valve. Outlets to be equipped with a 1.50" National Standard hose thread 90 degree swivel located in the hose bed so that hose may be removed from either side of apparatus. The crosslay controls will be at the pump operator's panel. The center crosslay dividers will be a pan style, fabricated of .090 aluminum and will provide adjustment from side to side. The divider will be painted job color. The remainder of the crosslay bed will be painted job color. Stainless steel vertical scuffplates will be provided at hose bed ends (each side of vehicle). Bottom of hose bed ends (each side) will also be equipped with a stainless steel scuffplate. Crosslay bed flooring will consist of removable perforated brushed aluminum. SPEEDL" HOSE RESTRAINT A black 1.00" nylon webbing design with 2.00" box pattern will be provided across each end of two (2) speedlay(s) to secure the hose during travel. The webbing will be permanently attached at the top of the speedlay opening. There will be quarter turn fasteners located at the opposite end of the permanently attached webbing. CROSSL" COVER A bi-fold aluminum treadplate cover, hinged at the front will be installed over the top of the crosslay/deadlay(s). It will include a latch at each end of the cover to hold it securely in place, a chrome grab handle at each end for opening and closing the cover and a foam rubber gasket where the cover comes into contact to a painted surface. The cover will be provided with no stay arm device hold open device. 8/28/2014 85 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 254 CROSSLAY 8.00" LOWER THAN STD The crosslays will be lowered 8.00" from standard. BOOSTER HOSE REEL A Hannay electric rewind booster hose reel will be installed over the pump in a recessed open compartment on the right side of the apparatus. The exterior finish of the reel will be painted job color matching the body exterior. A polished stainless steel roller and guide assembly will be mounted on the reel side of the apparatus. Discharge control will be provided at the pump operator's panel. Plumbing to the reel will consist of 1.50" Aeroquip hose and a 1.50" valve. Reel motor will be protected from overload with a sized automatic reset circuit breaker. Electric rewind controls will be a rubber covered button. Locate one adjacent to the reel, and one on each pump panel. Booster hose, 1.00" diameter and 150 feet, with chrome plated Barway, or equal couplings will be provided. Working pressure of the booster hose will be a minimum of 800 psi. Capacity of the hose reel will be 150 feet of 1.00" booster hose. There will be one (1) additional polished stainless steel roller and guide assembly mounted DRIVER'S SIDE . HUSKY 3 FOAM PROPORTIONER A Pierce Husky® 3 foam proportioning system will be provided. The Husky 3 is an on demand, automatic proportioning, single point, direct injection system suitable for all types of Class A and B foam concentrates, including the high viscosity (6000 cps), alcohol resistant Class B foams. Operation will be based on direct measurement of water flow, and remain consistent within the specified flows and pressures. The system will automatically proportion foam solution at rates from .1 percent to 3.0 percent regardless of variations in water pressure and flow, up to the maximum rated capacity of the foam concentrate pump. The design of the system will allow operation from draft, hydrant, or relay operation. SYSTEM CAPACITY The system will have the ability to deliver the following minimum foam solution flow rates at accuracies that meet or exceed NFPA requirements at a pump rating of 150 psi. 100 gpm @ 3 percent 300 gpm @ 1 percent 8/28/2014 86 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 255 600 gpm @ 0.5 percent Class A foam setting in .1 percent increments from .1 percent to 1 percent. Typical settings of 1 percent, .5 percent and .3 percent (maximum capacity will be limited to the plumbing and water pump capacity). CONTROL SYSTEM The system will be equipped with a digital electronic control display located on the pump operators panel. Push button controls will be integrated into the panel to turn the system on/off, control the foam percentage, and to set the operation modes. The percent of injection will have a preset. This preset can be changed at the fire department as desired. The percent of injection will be able to be easily changed at the scene to adjust to changing demands. Three (3) .50 tall LEDs will display the foam percentage in numeric characters. Three (3) indicator LEDs will also be included, one (1) green, one (1) red, and one (1) yellow. The LEDs will indicate various system operation or error states. The indications will be: Solid Green - System On Solid Red - Valve Position Error Solid Yellow - Priming System Flashing Green - Injecting Foam Flashing Red - Low Tank Level Flashing Yellow - Refilling Tank The control display will house a microprocessor, which receives input from the systems water flow meter while also monitoring the position of the foam concentrate pump. The microprocessor will compare the values of the water flow versus the position/rate of the foam pump, to ensure the proportion rate is accurate. One (1) check valve will be installed in the plumbing to prevent foam from contaminating the water pump. HYDRAULIC DRIVE SYSTEM The foam concentrate pump will be powered by an electric over hydraulic drive system. The hydraulic system and motor will be integrated into one (1) unit. FOAM CONCENTRATE PUMP The foam concentrate pump will be of positive displacement, self-priming; linear actuated design, driven by the hydraulic system. The pump will be constructed of brass body; chrome plated stainless 8/28/2014 87 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 256 steel shaft, with a stainless steel piston. In order to increase longevity of the pump, no aluminum will be present in its construction. A relief system will be provided which is designed to protect the drive system components and prevent over pressuring the foam concentrate pump The foam concentrate pump will have minimum capacity for 3 gpm with all types of foam concentrates with a viscosity at or below 6000 cps including protein, fluoroprotein, AFFF, FFFP, or AR-AFFF. The system will deliver only the amount of foam concentrate flow required, without recirculating foam back to the storage tank. Recirculating foam concentrate back to the storage tank can cause agitation and premature foaming of the concentrate, which can result in system failure. The foam concentrate pump will be self-priming and have the ability to draw foam concentrate from external supplies such as drums or pails. EXTERNAL FOAM CONCENTRATE CONNECTION An external foam pick-up will be provided to enable use of a foam agent that is not stored on the vehicle. The external foam pick-up will be designed to allow continued operation after the on-board foam tank is empty, or the use of foam different than the foam in the foam tank. PANEL MOUNTED EXTERNAL PICK-UP CONNECTION / VALVE A bronze three (3)-way valve will be provided. The unit will be mounted to the pump panel. The valve unit will function as the foam system tank to pump valve and external suction valve. The external foam pick-up will be one (1) .75" male connection GHT (garden hose thread) with a cap. PICK-UP HOSE A .75" flexible hose with an end for insertion into foam containers will be provided. The hose will be supplied with a .75" female swivel GHT (garden hose thread) swivel connector. The hose will be shipped loose. DISCHARGES The foam system will be plumbed to six (6) discharges. The discharges capable of dispensing foam will be Three (3) crosslays, One (1) booster reel, two (2) rear 2.5" diescharges. SYSTEM ELECTRICAL LOAD The maximum current draw of the electric motor and system will be no more than 55 amperes at 12 VDC. REFILL, SINGLE FOAM TANK The foam system's proportioning pump will be used to fill the foam tank. This will allow use of the auxiliary foam pick-up to pump the foam from pails or a drum on the ground into the foam tank. A foam shut-off switch will be installed in the fill dome of the tank to shut the system down when the tank is full. The fill operation will be controlled by a mode in the foam system controller. While the proportioner pump is filling the tank, the controller will display a flashing yellow LED to indicate that the tank is filling. When the tank is full, as determined by the float switch in the tank dome, the pump will stop and the controller will shut the yellow LED off. If it attempted to use tank fill and the refill 8/28/2014 88 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 257 valve and suction valve are in the wrong position(s), then a red LED will illuminate to indicate the improper valve position(s). When the valves are positioned properly, then filling will commence. FOAM SYSTEM TRAINING The fire department will order one (1) vehicle with this foam system. The operation of the foam system will be demonstrated at the plant where the apparatus was manufactured. This demonstration will include: - A review of the foam system manual, emphasizing key areas - A walk around review of the system components on the finished truck - A hands-on foam system start-up and foam discharge session - Instructions on the use of the manual overrides - A demonstration explaining the proper way to shutdown and flush the foam system. FOAM TANK The foam tank will be an integral portion of the polypropylene water tank. The cell will have a capacity of 30 gallons of foam with the intended use of Class A foam. The brand of foam stored in this tank will be Fire choke. The foam cell will not reduce the capacity of the water tank. The foam cell will have a screen in the fill dome and a breather in the lid. FOAM TANK DRAIN A system of 1.00" foam tank drains will be provided, integrated into the foam systems strainer and tank to foam pump valve management system. The tank to pump hoses running from the tank(s) to the panel mounted strainer will 1.00" diameter. The foam system controller will have a mode that allows for a given foam valve to be opened at will. Flow of foam from the tank valve to the strainer will be usable as a tank drain mode. An adaptor will be supplied, that allows the 1.00" foam intake screen to assembly to be used as a drain outlet. The standard supplied 1.00" foam pick up hose will be attached to the screen assembly by way of the adapter. The drain mode will allow the operator to open and close the tank valve as required from the control head, to drain foam and re-fill foam containers through the connected hose, without foam spillage beneath the vehicle. The foam drains on the driver's side below the running board under the rear of the cab are to be boxed in with treadplate box to match #27450. PUMP COMPARTMENT The pump compartment will be separate from the hose body and compartments so that each may flex independently of the other. It will be a fabricated assembly of steel tubing, angles and channels which supports both the fire pump and the side running boards. 8/28/2014 89 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 258 The pump compartment will be mounted on the chassis frame rails with rubber biscuits in a four point pattern to allow for chassis frame twist. Pump compartment, pump, plumbing and gauge panels will be removable from the chassis in a single assembly. PUMP MOUNTING Pump will be mounted to a substructure which will be mounted to the chassis frame rail using rubber isolators. The mounting will allow chassis frame rails to flex independently without damage to the fire pump. PUMP CONTROL PANELS (LEFT SIDE CONTROL) All pump controls and gauges will be located at the left (driver's) side of the apparatus and properly identified. Layout of the pump control panel will be ergonomically efficient and systematically organized. The pump operator's control panel will be removable in two (2) main sections for ease of maintenance: The upper section will contain sub panels for the mounting of the pump pressure control device, engine monitoring gauges, electrical switches, and foam controls (if applicable). Sub panels will be removable from the face of the pump panel for ease of maintenance. Below the sub panels will be located all valve controls and line pressure gauges. The lower section of the panel will contain all inlets, outlets, and drains. All push/pull valve controls will have 1/4 turn locking control rods with polished chrome plated zinc tee handles. Guides for the push/pull control rods will be chrome plated zinc castings securely mounted to the pump panel. Push/pull valve controls will be capable of locking in any position. The control rods will pull straight out of the panel and will be equipped with universal joints to eliminate binding. IDENTIFICATION TAGS The identification tag for each valve control will be recessed in the face of the tee handle. All discharge outlets will have color coded identification tags, with each discharge having its own unique color. Color coding will include the labeling of the outlet and the drain for each corresponding discharge. All line pressure gauges will be mounted directly above the corresponding discharge control tee handles and recessed within the same chrome plated casting as the rod guide for quick identification. The gauge and rod guide casting will be removable from the face of the pump panel for ease of maintenance. The casting will be color coded to correspond with the discharge identification tag. All remaining identification tags will be mounted on the pump panel in chrome plated bezels. The pump panel on the right (passenger's) side will be removable with lift and turn type fasteners. 8/28/2014 90 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 259 Trim rings will be installed around all inlets and outlets. The trim rings for the side discharge outlets will be color coded and labeled to correspond with the discharge identification tag. PUMP PANEL CONFIGURATION The pump panel configuration will be arranged and installed in an organized manner that will provide user-friendly operation. PUMP AND GAUGE PANEL The pump and gauge panels will be constructed of stainless steel with a brushed finish. A polished aluminum trim molding will be provided on both sides of the pump panel. The passenger's side pump panel will be removable and fastened with swell type fasteners. PUMP COMPARTMENT LIGHT A pump compartment light will be provided inside the right side pump enclosure and accessible through a door on the pump panel. A .125" weep hole will be provided in each light lens, preventing moisture retention. Engine monitoring graduated LED indicators will be incorporated with the pressure controller. COMPARTMENT, CAB LIFT CONTROL PANEL A compartment will be provided at the pump panel, passenger's side. This compartment will be large enough to house the control panel for the cab lift. A stainless steel spring-loaded door will be provided. AIR HORN BUTTON An air horn control button will be provided at the pump operator's control panel. This button will be properly labeled and put within easy reach of the operator. STAINLESS STEEL SPEAKER GRILLE There will be one (1) polished stainless steel grille/s, for a radio speaker/s, provided and installed front of the body bulkhead on the pump panel. The grille will be constructed with automotive type louvers, so rain and road splash are deflected. The speaker size will be university speaker. RADIO SPEAKER There will be a University model MM-2F radio speaker recessed into the front bulkhead near the pump panel. Wiring will extended from this speaker to FRONT OF THE BODY ON THE DRIVER'S SIDE. SPECIAL LABEL There will be six (6) special label/s provided and installed 2.5" left side discharges, 2.5" rear outlets, 2.5" and 4" right side outlets. 1-6 to be simaler to 15924. a second rear outlet was added to this unt. rears shall read "Driver Rear Discharge" and "Passenger Rear Discharge".. Each label will be worded as 8/28/2014 91 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 260 follows, number 1 through 5 to be simular to #15924. Ecept that there is now an additional rear 2.5" discharge. the rear discharges read "Driver Rear Discharge" and "Passenger Rear Discharge".. GAUGES, VACUUM AND PRESSURE The pump vacuum and pressure gauges will be liquid filled and manufactured by Class 1, Inc. The gauges will be a minimum of 6.00" in diameter and will have white faces with black lettering, with a pressure range of 30.00"-0-600#. The pump pressure and vacuum gauges will be installed adjacent to each other at the pump operator's control panel. Test port connections will be provided at the pump operator's panel. One will be connected to the intake side of the pump, and the other to the discharge manifold of the pump. They will have 0.25 in. standard pipe thread connections and polished stainless steel plugs. They will be marked with a label. PRESSURE GAUGES The individual "line" pressure gauges for the discharges will be interlube filled and manufactured by Class 1. They will be a minimum of 2.50" in diameter and will have white faces with black lettering. Gauges will be compound type with a vacuum/pressure range of 30.00"-0-400#. The individual pressure gauge will be installed as close to the outlet control as practical. FLOW METER GAUGE There will be one (1) Class I Flowminder flow meter provided, in addition to the pressure gauge, for the foam manifold. The flow meter will have a range appropriately suited for the diameter of the discharge and will have the "totalizer" feature provided, so the total flow can be checked at any time. The flow meter will be calibrated with the valve fully open. WATER LEVEL GAUGE An electric water level gauge will be incorporated in the pressure controller that registers water level by means of 9 LEDs. They will be at 1/8 level increments with a tank empty LED. The LEDs will be a bright type that is readable in sunlight, and have a full 180-degree of clear viewing. To further alert the pump operator, the gauge will have a warning flash when the tank volume is less than 25%, and will have "Down Chasing LEDs when the tank is almost empty. The level measurement will be ascertained by sensing the head pressure of the fluid in the tank or cell. WATER LEVEL GAUGE, ADDITIONAL An additional water level gauge will be provided. An Ernst sight tube water level indicator with a floating red ball will be mounted on the gauge panel with an unrestricted view for the operator. 8/28/2014 92 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 261 FOAM LEVEL GAUGE An electric foam level gauge will be provided on the operator's panel, that registers foam level by means of nine (9) LEDs. They will be at 1/8 level increments with a tank empty LED. The LEDs will be a bright type that is readable in sunlight, and have a full 180 degree of clear viewing. To further alert the pump operator, will have a warning flash when the tank volume is less than 25 percent, and will have Down Chasing LEDs when the tank is almost empty. The level measurement will be ascertained by sensing the head pressure of the fluid in the tank or cell. This method provides accuracy with an array of multiviscosity foams. LIGHT SHIELD There will be a polished, 16 gauge stainless steel light shield installed over the pump operators panel. • There will be 12 volt DC white LED lights installed under the stainless steel light shield to illuminate the controls, switches, essential instructions, gauges, and instruments necessary for the operation of the apparatus. These lights will be activated by the pump panel light switch. Additional lights will be included every 18.00" depending on the size of the pump house. • One (1) pump panel light will come on when the pump is in ok to pump mode. There will be a light activated above the pump panel light switch when the parking brake is set. This is to afford the operator some illumination when first approaching the control panel. There will be a green pump engaged indicator light activated on at the operator's panel when the pump is shifted into gear from inside the cab. AIR HORN SYSTEM Two (2) Grover Stuttertone air horns, 24.00" long, will be provided and located in the front bumper, recessed outside frame rails. The horn system will be piped to the air brake system wet tank utilizing .38" tubing. A pressure protection valve will be installed in-line to prevent loss of air in the air brake system. AIR HORN CONTROL The air horns will be actuated by a foot switch on the officer's side and by the horn button in the steering wheel. The driver will have the option to control the air horns or the chassis horns from the horn button by means of a selector switch located on the instrument panel. ELECTRONIC SIREN A Whelen, Model: 295HFSC9, 200 watt, dual tone, electronic siren with noise canceling microphone will be provided. This siren to be active when the battery switch is on and that emergency master switch is on. Siren head will be located on a swivel bracket mounted on the headliner so that it is accessible to both the driver and officer. The swivel bracket will be capable of rotating a minimum of 180 degrees. 8/28/2014 93 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 262 Siren will be actuated by a foot switch on the officer's side and by the horn button in the steering wheel. The driver will have the option to control the siren or the chassis horns from the horn button by means of a selector switch. SPEAKER There will be two (2) speakers provided. Each speaker will be a Whelen, Model SA122FMP, cast aluminum, 100-watt, flange mount with polished aluminum finish. Each speaker will be connected to the siren amplifier. The speaker(s) will be recessed in the front bumper on the driver's side. MECHANICAL SIREN, (AUXILIARY) A Federal Q215 siren will be furnished. A siren brake button will be installed on the switch panel. The control solenoid will be powered up after the emergency master switch is activated. The mechanical siren will be recessed in the front bumper on the left side. The siren will be properly supported using the bumper framework. The mechanical siren will be actuated by two (2) foot switches, one (1) located on the officer's side and one (1) on the driver's side. A second siren brake switch will be installed on the passenger side. LIGHTBAR, (CAB ROOF) There will be a 88.00" Whelen Freedom, Model FNQ**LED lightbar mounted on the cab roof. This lightbar will include the following: • Four (4) red flashing LED modules facing forward. • Two (2) red steady burn LED modules facing forward. • Two (2) white flashing LED modules facing forward. • Two (2) red flashing corner LED modules, one in each front corner. • One (1) red flashing LED module on the end, facing the driver side. • One (1) red flashing LED module on the end, facing the passenger side. • One (1) Whelen, Model PE215 traffic light controller system with national standard high priority. The color of the lenses will be clear. There will be two (2) switches, located on a cab switch panel, to control this lightbar. • One (1) switch will control all the warning lights. • One (1) switch will control the traffic light controller. The white flashing LEDs and the traffic light controller system will be disabled when the parking brake is applied. 8/28/2014 94 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 263 WARNING LIGHTS (CAB FACE) Two (2) pair of Whelen model 60*00F*R LED lights will be installed on the cab face, above the headlights, mounted in a common bezel. The outer LEDS will be required for NFPA and will meet or exceed the NFPA required light output for the front lower zone. The color of these LEDs will be red Super LED/red lens. The inner LEDs will be additional lighting. The color of these lights will be red Super LED/red lens. There will be a switch located in the cab on the switch panel to control both sets of lights. HEADLIGHT FLASHER The high beam headlights will flash alternately between the left and right side. There will be a switch installed in the cab on the switch panel to control the high beam flash. This switch will be live when the battery switch and the emergency master switches are on. The flashing will automatically cancel when the hi-beam headlight switch is activated or when the parking brake is set. SIDE ZONE LOWER LIGHTING There will be six (6) Whelen, Model 60*02F*R, flashing LED lights located at the following positions: • Two (2) lights located, one (1) each side on the front cab corner . o The color of these lights will be red Super LED/red lens each side. • Two (2) lights located, behind the crew cab door side of the cab . o The color of these lights will be red Super LED/rd lens each side. • Two (2) lights located, in rear wheel well area . o The color of these lights will be red Super LED/red lens each side. There will be a switch located in the cab on the switch panel to control the lights. These lights will be installed with three (3) pairs of flange kits. INTERIOR CAB DOOR WARNING LIGHTS Four (4) Whelen 500 LED flashing lights will be provided. One (1) light will be located inside of each cab and crew cab door pan. Each light will be activated by the door jam switch of the associated door. The color of the lights will be red. The lights will alternately flash whenever the corresponding door is open. These lights will be mounted in a Whelen flange. WARNING LIGHTS (SIDE) one (1) pair of Whelen, Model 60*02F*R, LED flashing lights will be provided. 8/28/2014 95 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 264 The lights will be located on High in body front corners of the body. The color of the lights will be red Super LED/red lens. The light will be with a flange. The light will be activated with the side warning switch. REAR ZONE LOWER LIGHTING There will be two (2) Whelen, Model 60*02F*R, flashing LED warning lights located at the rear of the apparatus. The color of these lights will be red Super LED/red lens. There will be a switch in the cab on the switch panel to control these lights. These lights will be installed with a flange. REAR &SIDE UPPER ZONE WARNING LIGHTS There will be four (4) Whelen LED lights provided to meet the rear and side zone upper lighting requirements: The following lights will be provided at the rear of the truck facing the side: • One (1) Whelen, Model 60R02FRR, red warning light with red lens facing the driver side. • One (1) Whelen, Model 60R02FRR, red warning light with red lens facing the passenger side. The following lights will be provided facing the rear of the truck. • Two (2) Whelen, Model 90RR5FRR, red warning lights with red lens facing the rear. These lights will be installed with a flange. There will be one (1) switch located in the cab on the switch panel to control the lights. The rear warning lights will be mounted on stainless steel brackets with all wiring totally enclosed. These brackets will also support the clearance/marker lights. TRAFFIC DIRECTING LIGHT There will be one (1) Whelen model TAM65, 36.00" long x 2.84" high x 2.24" deep, amber LED traffic directing light installed at the rear of the apparatus. The Whelen model TACTLDI control head will be included with this installation. The auxiliary warning mode will be activated with the control head only. This traffic directing light will be recess mounted into the treadplate box at the rear of the apparatus. 8/28/2014 96 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 265 The traffic directing light control head will be located within a heavy duty swivel bracket centered between the driver and passenger. This swivel bracket will enable the driver access as well as the passenger. 8/28/2014 97 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 266 LOOSE EQUIPMENT The following equipment will be furnished with the completed unit: - One (1) bag of chrome, stainless steel, or cadmium plated screws, nuts, bolts and washers, as used in the construction of the unit. NFPA REQUIRED LOOSE EQUIPMENT, PROVIDED BY FIRE DEPARTMENT The following loose equipment as outlined in NFPA 1901, 2009 edition, section 5.8.2 and 5.8.3 will be provided by the fire department. All loose equipment will be installed on the apparatus before placed in emergency service, unless the fire department waives NFPA section 4.21. • 800 ft (60 m) of 2.50" (65 mm) or larger fire hose. • 400 ft (120 m) of 1.50" (38 mm), 1.75" (45 mm), or 2.00" (52 mm) fire hose. • One (1) handline nozzle, 200 gpm (750 L/min) minimum. • Two (2) handline nozzles, 95 gpm (360 L/min) minimum. • One (1) playpipe with shutoff and 1.00" (25 mm), 1.125" (29 mm), and 1.25" (32 mm) tips. • One (1) SCBA complying with NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire and Emergency Services, for each assigned seating position, but not fewer than four (4), mounted in brackets fastened to the apparatus or stored in containers supplied by the SCBA manufacturer. • One (1) spare SCBA cylinder for each SCBA carried, each mounted in a bracket fastened to the apparatus or stored in a specially designed storage space(s). • One (1) first aid kit. • Four (4) combination spanner wrenches mounted in bracket(s) fastened to the apparatus. • Two (2) hydrant wrenches mounted in brackets fastened to the apparatus. • Four (4) ladder belts meeting the requirements of NFPA 1983, Standard on Fire Service Life Safety Rope and System Components(if equipped with an aerial device). • One (1) double female 2.50" (65 mm) adapter with National Hose threads, mounted in a bracket fastened to the apparatus. • One (1) double male 2.50' (65 mm) adapter with National Hose threads, mounted in a bracket fastened to the apparatus. • One (1) rubber mallet, for use on suction hose connections, mounted in a bracket fastened to the apparatus. • Two (2) salvage covers each a minimum size of 12 ft x 14 ft (3.7 m x 4.3 m). • One (1) traffic vest for each seating position, each vest to comply with ANSI/ISEA 207, Standard for High VisibiiityPubiicSafety Vests, and have a five-point breakaway feature that includes two (2) at the shoulders, two (2) at the sides, and one (1) at the front. • Five (5) fluorescent orange traffic cones not less than 28.00" (711 mm) in height, each equipped with a 6.00" (152 mm) retro-reflective white band no more than 4.00" (152 mm) from the top of the cone, and an additional 4.00" (102 mm) retro-reflective white band 2.00" (51 mm) below the 6.00" (152 mm) band. • Five (5) illuminated warning devices such as highway flares, unless the five (5) fluorescent orange traffic cones have illuminating capabilities. 8/28/2014 98 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 267 • One (1) automatic external defibrillator (AED). • If the supply hose carried does not use sexless couplings, an additional double female adapter and double male adapter, sized to fit the supply hose carried, will be carried mounted in brackets fastened to the apparatus. • If none of the pump intakes are valved, a hose appliance that is equipped with one or more gated intakes with female swivel connection(s) compatible with the supply hose used on one side and a swivel connection with pump intake threads on the other side will be carried. Any intake connection larger than 3.00" (75 mm) will include a pressure relief device that meets the requirements of 16.6.6. • If the apparatus does not have a 2.50" National Hose (NH) intake, an adapter from 2.50" NH female to a pump intake will be carried, mounted in a bracket fastened to the apparatus if not already mounted directly to the intake. • If the supply hose carried has other than 2.50" National Hose (NH) threads, adapters will be carried to allow feeding the supply hose from a 2.50" NH thread male discharge and to allow the hose to connect to a 2.50" NH female intake, mounted in brackets fastened to the apparatus if not already mounted directly to the discharge or intake. SOFT SUCTION HOSE There will be no soft suction hose provided. DRY CHEMICAL EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, section 5.8.3 requires one (1) approved dry chemical portable fire extinguisher with a minimum 80-B:C rating mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. WATER EXTINGUISHER PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, section 5.8.3 requires one (1) 2.5 gallon or larger water extinguisher mounted in a bracket fastened to the apparatus. The extinguisher is not on the apparatus as manufactured. The fire department will provide and mount the extinguisher. AXE, FLATHEAD, PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, Section 5.8.3 requires one (1) flathead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. 8/28/2014 99 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 268 AXE, PICKHEAD, PROVIDED BY FIRE DEPARTMENT NFPA 1901, 2009 edition, Section 5.8.3 requires one (1) pickhead axe mounted in a bracket fastened to the apparatus. The axe is not on the apparatus as manufactured. The fire department will provide and mount the axe. PAINT - BODY PAINTED TO MATCH CAB The exterior custom cab and body painting procedure will consist of a seven (7) step finishing process as follows: 1. Manual Surface Preparation - All exposed metal surfaces on the custom body will be thoroughly cleaned and prepared for painting. Surfaces that will not be painted include all chrome plated, polished stainless steel, anodized aluminum and bright aluminum treadplate. Each imperfection on the exterior metal surface will be removed or filled and then sanded smooth for a smooth appearance. All seams will be sealed before painting. 2. Chemical Cleaning and Treatment - The aluminum surfaces will be properly cleaned using a four (4)-phase, high pressure and high temperature acid etching system. All steel surfaces will be properly treated using a three (3)-phase, high temperature, cleaning/phosphatizing system. Surfaces are chemically cleaned to remove all dirt, oil, grease and metal oxides to ensure the subsequent coatings bond well. An ultra pure water final rinse of 25 parts per million solids or less, will be applied to final rinse all metal surfaces at the conclusion of the metal treatment process. This final rinse ensures all chemical residues are removed and that no minerals, (salts), from the water dry onto the metal surface and remain under the primers and topcoats. These salts can lead to blistering and under film corrosion. 3. Primer/Surfacer Coats - A minimum of two (2) mil dry, (.002), of two component urethane primer/surfacer will be hand applied to the chemically treated metal surfaces to provide a strong corrosion protective base coat and to smooth out the surface. The primer is a high solids and low VOC paint. 4. Hand Sanding to Ultra Fine Finish - The primer/surfacer coat is lightly sanded with mild abrasive paper to an ultra smooth finish. This hand finish process is critical to produce the smooth mirror like finish in the topcoat. 5. Sealer Primer Coat - A two (2) component sealer primer coat is applied over the sanded primer to again build toward the final smooth finish. This layer of primer sealer also gives additional corrosion protection. 6. Topcoat Paint - Two (2) coats of an automotive grade, two component acrylic urethane paint are applied to provide the lasting beauty and durability. The acrylic urethane topcoat contains a clear coat resin chemistry that creates the high gloss and depth of image. This type of topcoat provides the best resistance against acid rain and other more common chemicals. 8/28/2014 100 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 269 7. Clearcoat - Two (2) coats of an automotive grade two (2) component urethane will be applied. Lap style doors will be clear coated to match the body. Roll-up doors will not be clear coated and the standard roll-up door warranty will apply. A cyclic corrosion test, (General Motors test GM-9540), of 40 cycles will be required before making changes to the exterior coating process. Exterior coating systems, (excluding the undercarriage components), must achieve a 1/16 or less maximum creep from the scribe for aluminum and an 1/8 or less maximum creep from the scribe for galvanneal after 40 cycles in the General Motors GM-9540 test. Each batch of color topcoat, together with the finish painted vehicle, is tested for precise color match. Visual color match will be checked following ASTM D-1729, (American Standard Testing Methods), procedures using CIE, (International Commission on Illumination), D75 Northern Daylight light source. Instrumental color match will follow ASMT D-2244 procedures with a maximum delta E of 1.0 for whites, 1.4 for yellows, blues, greens and 1.5 for reds. All removable items such as brackets, compartment doors, door hinges, trim, etc. will be removed and painted separately to insure paint behind all mounted items. Body assemblies that can not be finish painted after assembly will be finish painted before assembly. The cab and the body will be painted Red #90. Prior to reassembly and reinstallation of lights, handrails, door hardware and any miscellaneous body items, an isolation tape or gasket material will be used to prevent damage to the finish painted surfaces. A nylon washer will be installed under each acorn nut or metal screw that is fastened directly to a painted body surface. PAINT - ENVIRONMENTAL IMPACT Contractor will meet or exceed all current State (his) regulations concerning paint operations. Pollution control will include measures to protect the atmosphere, water and soil. Controls will include the following conditions: - Topcoats and primers will be chrome and lead free. - Metal treatment chemicals will be chrome free. The wastewater generated in the metal treatment process will be treated on-site to remove any other heavy metals. - Particulate emission collection from sanding operations must have a 99.99 percent efficiency factor. - Particulate emissions from painting operations will be collected by a dry filter or water wash process. If the dry filter means is used, it must have an efficiency rating of 98 percent. Water wash systems will be 99.97 percent efficient. - Water from water wash booths will be reused. Solids will be removed mechanically on a continual basis to keep the water clean. 8/28/2014 101 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 270 - Paint wastes are disposed of in an environmentally safe manner. They are used as fuel in kilns used in the cement manufacturing process - thereby extracting energy from a waste material. - Empty metal paint containers will be cleaned, crushed and recycled to recover the metal. - Solvents used in clean-up operations will be collected, recycled on-site, or sent off-site for distillation and returned for reuse. Residue from the distillation operation will be used as fuel in off-site cement kilns. Additionally, the finished apparatus will not be manufactured with or contain products that have ozone depleting substances. Contractor will, upon demand, present evidence that his manufacturing facility meets the above conditions and that it is in compliance with his State EPA rules and regulations. PAINT CHASSIS FRAME ASSEMBLY The chassis frame assembly will be painted Red #90 before the installation of the cab and body, and before installation of the engine and transmission assembly, air brake lines, electrical wire harnesses, etc. Components that are included with the chassis frame assembly that will be painted are: • Frame rails • Frame liners • Cross members • Axles • Suspensions • Steering gear • Battery boxes • Bumper extension weldment • Frame extensions • Body mounting angles • Rear Body support substructure (front and rear) • Pump house substructure • Air tanks • Fuel tank • Castings • Individual piece parts used in chassis and body assembly Components treated with epoxy E-coat protection prior to paint: FILM TECHNICAL PROPERTIES ROPEQn TEST MFIFFO� PEFf[MAIAMLF Color - 61ock • Two (2) C-channel frame rails Film Ti - 0.5-1.5 Mill Two (2) frame liners G1os'60�g'e° ASTM D336 2H Min • Pencil Flordlress AS7M X3363 2h'Minimum DI—I hi ASTM X2794 100 in.-Es.Mi n lmam Rlrvnrse Imps ASTM P2794 60 in.-lb,Miolmam The E-coat process will meet the technical properties shown. C,nssh—h Adhes on ASTM 03354 48 SR Humidiy ASTM X1735 1000 Hams Minimum PAINTED AIR CONDITIONING COVER AND MOUNTS Woler 1mm ion ASTM X870 250 A.—Min i- Gr—lomeler GM9508p 6Minimum Throwpowen GM9535v 12-15i, CWd rolled steal IA po�eis,Zinc phospM%pre�.eo�mom,0 d mils m 90 fil. Ibhkneae,cured RO minulec®730'F IFk1 � UT III 8/28/2014 102 Of 110 �i � 5i 100 NOOK Curs Aesism ice CRS/zinc I/ 1-2 mm NonChrom 2014-09-23 Agenda Packet �SdSp,o,-b5„MB127mId,oped. 11hbp...k 70 035oF P ge271 AVxoge Toml Scribe C.p1 The cover of the air conditioning condenser and the mounting feet will be painted to match the color of the cab roof. COMPARTMENT INTERIOR PAINT The compartment interior will be painted with a gray spatter finish for ease of cleaning and to make it easier to touch up scratches and nicks. REFLECTIVE BAND Reflective stripes will be provided across the front of the vehicle and along the sides of the body. The reflective band will consist of a 1.00" white stripe at the top with a 1.00" gap and a 4.00" white stripe on the bottom. The reflective band provided on the cab face will be below the headlight level. CHEVRON STRIPING, REAR There will be alternating chevron striping located on the rear-facing vertical surface of the apparatus. The rear surface, excluding the rear compartment door, will be covered. The colors will be red and yellow diamond grade. Each stripe will be 6.00" in width. This will meet the requirements of NFPA 1901, 2009 edition, which states that 50% of the rear surface will be covered with chevron striping. 30G(S) IN REFLECTIVE BAND The reflective band located on each side of the apparatus body will contain two (2) jog(s) and will be angled at approximately a 45 degrees when installed. CHEVRON, INVERTED "V" STRIPING ON CAB AND CREW CAB DOORS There will be alternating chevron striping located on the inside of each cab and crew cab door. The striping will consist of the following colors: The first color will be red diamond grade The second color will be yellow diamond grade The size of the striping will be 4.00". LETTERING There will be reflective lettering, 6.00" high, with no outline or shade provided. There will be two (2) letters provided. LETTERING There will be genuine gold leaf lettering, 3.00" high, with highlight and shade provided. There will be 26 letters provided. 8/28/2014 103 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 272 LETTERING Twenty-one (21) to forty (40) genuine gold leaf lettering, 2.00" high, with outline will be provided. LETTERING There will be reflective lettering, 5.00" high, with no outline or shade provided. There will be six (6) letters provided. LETTERING There will be reflective lettering, 11.00" high, with no outline or shade provided. There will be four (4) letters provided. LETTERING There will be reflective lettering, 12.00" high, with no outline or shade provided. There will be two (2) letters provided. MALTESE CROSS INSTALLATION There will be one (1) pair of maltese crosses, comprised of genuine gold leaf material, provided and installed Per customer changes and photo's. EMBLEM There will be two (2) emblem(s), approximately 12.00" - 14.00" wide in size, installed behind crew cab door under side scene. The emblem will feature a "Flying American Flag" and an "Eagle Head". MANUAL, FIRE APPARATUS PARTS Two (2) custom parts manuals for the complete fire apparatus will be provided in hard copy with the completed unit. One (1) compact disc (CD) will also be provided that will include all of the information from the above manual. The manual will contain the following: - Job number - Part numbers with full descriptions - Table of contents - Parts section sorted in functional groups reflecting a major system, component, or assembly - Parts section sorted in Alphabetical order - Instructions on how to locate parts The manual will be specifically written for the chassis and body model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. 8/28/2014 104 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 273 SERVICE PARTS INTERNET SITE The service parts information included in this manual is also available on the Pierce website. The website offers additional functions and features not contained in this manual, such as digital photographs and line drawings of select items. The website also features electronic search tools to assist in locating parts quickly. MANUALS, CHASSIS SERVICE Two (2) chassis service manuals containing parts and service information on major components will be provided with the completed unit. The manuals will contain the following sections: - Job number - Table of contents - Troubleshooting - Front Axle/Suspension - Brakes - Engine - Tires - Wheels - Cab - Electrical, DC - Air Systems - Plumbing - Appendix The manual will be specifically written for the chassis model being purchased. It will not be a generic manual for a multitude of different chassis and bodies. MANUALS, CHASSIS OPERATION Two (2) chassis operation manuals will be provided. MANUAL/S, (TRANSMISSION) There will be one (1) additional maintenance/service manual(s) for an Allison 4000 series transmission provided. 8/28/2014 105 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 274 ENGINE MANUALS There will be one (1) set(s) of maintenance/service manuals for a Detroit Diesel DD13 engine provided. ONE (1) YEAR MATERIAL AND WORKMANSHIP A Pierce basic apparatus limited warranty certificate, WA0008, is included with this proposal. ENGINE WARRANTY A Detroit Diesel five (5) year limited engine warranty will be provided. A limited warranty certificate, WA0180, is included with this proposal. STEERING GEAR WARRANTY A Sheppard three (3) year limited steering gear warranty shall be provided. A copy of the warranty certificate shall be submitted with the bid package. FIFTY (50) YEAR STRUCTURAL INTEGRITY The Pierce custom chassis frame limited warranty certificate, WA0013, is included with this proposal. FRONT AXLE THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY The Pierce TAK-4 suspension limited warranty certificate, WA0050, is included with this proposal. REAR AXLE TWO (2) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor axle limited warranty certificate, WA0046, is included with this proposal. ABS BRAKE SYSTEM THREE (3) YEAR MATERIAL AND WORKMANSHIP WARRANTY A Meritor WabcoT'mABS brake system limited warranty certificate, WA0232, is included with this proposal. TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce custom cab limited warranty certificate, WA0012, is included with this proposal. TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce cab limited pro-rated paint warranty certificate, WA0055, is included with this proposal. FIVE (5) YEAR MATERIAL AND WORKMANSHIP The Pierce Command Zone electronics limited warranty certificate, WA0014, is included with this proposal. CAMERA SYSTEM WARRANTY A Pierce fifty four (54) month warranty will be provided for the camera system. COMPARTMENT LIGHT WARRANTY A ten (10) year material and workmanship limited warranty will be provided for the Pierce 12 volt DC LED strip lights. The warranty will cover the LED strip lights to be free from defects in material and workmanship that would arise under normal use. A copy of the warranty certificate will be submitted with the bid package (No Exception). 8/28/2014 106 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 275 TRANSMISSION WARRANTY The transmission will have a five (5) year/unlimited mileage warranty covering 100 percent parts and labor. The warranty will be provided by Allison Transmission. Note: The transmission cooler is not covered under any extended warranty you may be getting on your Allison Transmission. Please review your Allison Transmission warranty for coverage limitations. TRANSMISSION COOLER WARRANTY The transmission cooler will carry a five (5) year parts and labor warranty (exclusive to the transmission cooler). In addition, a collateral damage warranty will also be in effect for the first three (3) years of the warranty coverage and will not exceed $10,000 per occurrence. A copy of the warranty certificate will be submitted with the bid package. WATER TANK WARRANTY A UPF poly water tank limited warranty certificate, WA0195, is included with this proposal. TEN (10) YEAR STRUCTURAL INTEGRITY The Pierce apparatus body limited warranty certificate, WA0009, is included with this proposal. ROLL UP DOOR MATERIAL AND WORKMANSHIP WARRANTY A Gortite roll-up door limited warranty will be provided. The mechanical components of the roll-up door will be warranted against defects in material and workmanship for the lifetime of the vehicle. A six (6) year limited warranty will be provided on painted and satin roll up doors. The limited warranty certificate, WA0190, is included with this proposal. PUMP WARRANTY A Waterous pump limited warranty certificate, WA0225, is included with this proposal. TEN (10) YEAR PUMP PLUMBING WARRANTY The Pierce apparatus plumbing limited warranty certificate, WA0035, is included with this proposal. FOAM SYSTEM WARRANTY The Husky 3 foam system limited warranty certificate, WA0231, is included with this proposal. TEN (10) YEAR PRO-RATED PAINT AND CORROSION A Pierce body limited pro-rated paint warranty certificate, WA0057, is included with this proposal. ONE (1) YEAR MATERIAL AND WORKMANSHIP The Pierce graphics fading and deterioration limited warranty limited warranty certificate, WA0168, is included with this proposal. VEHICLE STABILITY CERTIFICATION The fire apparatus manufacturer will provide a certification stating the apparatus complies with NFPA 1901, current edition, section 4.13, Vehicle Stability. The certification will be provided at the time of bid. 8/28/2014 107 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 276 ENGINE INSTALLATION CERTIFICATION The fire apparatus manufacturer will provide a certification, along with a letter from the engine manufacturer stating they approve of the engine installation in the bidder's chassis. The certification will be provided at the time of bid. POWER STEERING CERTIFICATION The fire apparatus manufacturer will provide a certification stating the power steering system as installed meets the requirements of the component supplier. The certification will be provided at the time of bid. CAB INTEGRITY CERTIFICATION Pierce manufacturing will provide a cab crash test certification with this proposal. The certification states that the cab must meet or exceed the requirements below: - European Occupant Protection Standard ECE Regulation No.29 - SAE J2422 Cab Roof Strength Evaluation - Quasi-Static Loading Heavy Trucks - SAE J2420 COE Frontal Strength Evaluation - Dynamic Loading Heavy Trucks - Roof Crush The cab will be subjected to a roof crush force of 100,000 lb. This value will be 450 percent of the ECE 29 criteria, which must be equivalent to the front axle rating up to a maximum of ten (10) metric tons. - Side Impact The cab will be subjected to dynamic preload with a 13,275-lb moving barrier is slammed into the side of the cab at 5.50 mph, striking with an impact of 13,000 ft-lb of energy. This test will closely represent the forces a cab will see in a rollover incident. - Frontal Impact The cab will withstand a frontal force produced from 65,200 ft-lb of energy using a swing-bob type platen. The same cab will withstand all tests without any measurable intrusion into the survival space of the occupant area. CAB DOOR DURABILITY CERTIFICATION Robust cab doors help protect occupants. Cab doors will survive a 200,000 cycle door slam test where the slamming force exceeds 20 G's of deceleration. The bidder will certify that the sample doors similar to those provided on the apparatus have been tested and have met these criteria without structural damage, latch malfunction, or significant component wear. 8/28/2014 108 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 277 WINDSHIELD WIPER DURABILITY CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. Windshield wipers will survive a 3 million cycle durability test in accordance with section 6.2 of SAE J198 Windshield Winer Systems- Trucks, Buses and Multipurpose Vehicles. The bidder will certify that the wiper system design has been tested and that the wiper system has met these criteria. ELECTRIC WINDOW DURABILITY CERTIFICATION Cab window roll-up systems can cause maintenance problems if not designed for long service life. The window regulator design will complete 30,000 complete up-down cycles and still function normally when finished. The bidder will certify that sample doors and windows similar to those provided on the apparatus have been tested and have met these criteria without malfunction or significant component wear. SEAT BELT ANCHOR STRENGTH Seat belt attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat belt anchor design will withstand 3000 lb of pull on both the lap and shoulder belt in accordance with FMVSS 571.210 Seat Belt Assembly Anchorages. The bidder will certify that each anchor design was pull tested to the required force and met the appropriate criteria. SEAT MOUNTING STRENGTH Seat attachment strength is regulated by Federal Motor Vehicle Safety Standards and should be validated through testing. Each seat mounting design will be tested to withstand 20 G's of force in accordance with FMVSS 571.207 Seating Systems. The bidder will certify that each seat mount and cab structure design was pull tested to the required force and met the appropriate criteria. CAB DEFROSTER CERTIFICATION Visibility during inclement weather is essential to safe apparatus performance. The defroster system will clear the required windshield zones in accordance with SAE J381 Windshield Defrosting Systems Test Procedure And Performance Requirements - Trucks, Buses, And Multipurpose Vehicles. The bidder will certify that the defrost system design has been tested in a cold chamber and passes the SAE J381 criteria. CAB HEATER CERTIFICATION Good cab heat performance and regulation provides a more effective working environment for personnel, whether in-transit, or at a scene. The cab heaters will warm the cab 77 degrees Fahrenheit from a cold-soak, within 30 minutes when tested using the coolant supply methods found in SAE J381. The bidder will certify that a substantially similar cab has been tested and has met these criteria. AMP DRAW REPORT The bidder will provide, at the time of bid and delivery, an itemized print out of the expected amp draw of the entire vehicle's electrical system. The manufacturer of the apparatus will provide the following: • Documentation of the electrical system performance tests. 8/28/2014 109 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 278 • A written load analysis, which will include the following: • The nameplate rating of the alternator. • The alternator rating under the conditions specified per: • Applicable NFPA 1901 or 1906 (Current Edition). • The minimum continuous load of each component that is specified per: • Applicable NFPA 1901 or 1906 (Current Edition). • Additional loads that, when added to the minimum continuous load, determine the total connected load. • Each individual intermittent load. All of the above listed items will be provided by the bidder per the applicable NFPA 1901 or 1906 (Current Edition). 8/28/2014 110 of 110 ARROW XT PUMPER DRAFT A 2014-09-23 Agenda Packet Page 279 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0514, Item#: 12. REPORT GIVING NOTICE OF INTENT TO AMEND THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA AND DIRECTING THE CITY CLERK AND CITY ATTORNEY TO RETURN TO COUNCIL TO PRESENT THE PROPOSED AMENDMENTS WITHIN 90 DAYS RECOMMENDED ACTION Council accept the report and direct the City Clerk and City Attorney to present proposed amendments to the conflict of interest code within 90 days. SUMMARY The Political Reform Act requires every local agency to review its Conflict of Interest Code to determine whether amendments are needed. The City Clerk and City Attorney have reviewed the City's conflict of interest code and its appendix, and have determined that amendments are necessary. Staff anticipates returning to Council within 90 days to present the proposed amendments. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"as defined under Section 15378(b)(5) of the State CEQA Guidelines because it an administrative activity that will not result in direct or indirect physical changes 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 On March 21 , 2000, the Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, Section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission. The ordinance requires that the Council set forth by resolution an appendix that lists the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. The Political Reform Act requires that the City Council be notified no later than October 1 of each even-numbered year whether amendments to the conflict of interest code are needed. Then, within 90 days, amendments to the code must be submitted to the City Council for consideration. The City Clerk and City Attorney have reviewed the City's conflict of interest code and its appendix, and have determined that amendments are necessary. The amendments are expected to include City of Chula Vista Page 1 of 2 Printed on 9/18/2014 istar 2014-09-23 Agenda Packet powered by Leg age 280 File#: 14-0514, Item#: 12. changes to the list of designated filers to account for recently added and removed positions from the City's classification plan. Filing categories for current filers are being reviewed, so modification to their required disclosures may also be recommended. Staff will return to Council within 90 days to present proposed amendments. 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 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. Adoption of this item supports the City's goal of providing responsible public service and fostering public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT Acceptance of the report will have no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None Staff Contact: Kerry Bigelow City of Chula Vista Page 2 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 281 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0328, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER RECOMMENDED ACTION Council adopt the resolution. SUMMARY On June 11, 2013, the Chula Vista City Council and the Living Coast Discovery Center entered into a first amendment to the Operating Agreement for a period of one (1) year, ending on June 30, 2014. The City Manager agreed to extend the Operating Agreement until September 30, 2014. This resolution approves an Amended and Restated Operating Agreement, with an opportunity for term extension to June 30, 2017 upon performance measures being met. The continued financial support under the Agreement was included in the City's budget for FY 2014-15. 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, approval of an amendment to an operating agreement, is not a "Project" as defined under Section 15378 (b)(5) of the State CEQA Guidelines because it is an administrative activity that does not involve a physical change to 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 amended Agreement includes: • An expiration date of December 31 , 2015. • A term extension opportunity to June 30, 2017 conditioned upon performance measurements being met including: (a) a separate operational reserve fund established and funded for LCDC operations with a minimum unencumbered balance of $100,000; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues ; (c) maintained or augmented LCDC Board membership; (d) over a 12 month period, increased LCDC general attendance by two percent (2%) or greater as compared to the previous 12 month period; and (e) complied with all material terms and conditions of this Agreement. (Section 3.2) City of Chula Vista Page 1 of 3 Printed on 9/18/2014 istar 2014-09-23 Agenda Packet powered by Leg age 282 File#: 14-0328, Item#: 13. • City shall transfer all right, title and interest in and to the following vehicles currently used for LCDC operations: (a) 1995 Gillig, Lic. No. E013416, with approximately 157,000 miles; and (b) 2005 El Dorado E-Z Rider II, Lic. No. 1212768, with approximately 45,000 miles. These vehicles will be transferred to Operator at no cost in their "as is" condition with no representations or warranties of any kind. (Section 2.2) • No Material Modifications Without City Approval. Operator shall not make material modifications to the LCDC Improvements without City's prior written approval, which such approval shall not be materially withheld or delayed. For purposes of this Section "material modifications" shall mean the addition, removal or alteration of Improvements valued at in excess of$10,000. (Section 5.5) • Accounting Requirements and Financial Reports. The Living Coast Discovery Center will continue to submit quarterly financial reports to the City. In addition, the City agreed to contribute $10,000 towards the cost of an audit for the Living Coast Discovery Center; this audit shall be completed and a copy thereof provided to the City by no later than October 1, 2014. (Section 9.2) DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The City's partnership with the Living Coast Discovery Center links to engaging the community to reinvest in the city (Economic Vitality), fosters the health of our physical environment through sustainable land uses (Healthy Community), provides environmental education on coastal resource conservation, nature and wildlife (Strong and Secure Neighbors) and promotes diverse opportunities through connected through educational and recreational programming (Connected Community). CURRENT YEAR FISCAL IMPACT There is no additional fiscal impact as the Amended and Restated Operating Agreement continues to provide financial support which was included in the City's approved budget for FY 2014-15. Living Coast Discovery Center expenditure budget was approved at a level of $79,228, to offset certain utility, telecommunications and fuel shuttle bus expenditures associated with operations at the center. In addition to the specified utilities, the City has an ongoing annual commitment of $164,000 toward debt service, and the proposed agreement specifies continuing IT support and continuing routine maintenance of the facility, at a level commensurate with services at other City-owned facilities, subject to the financial constraints of the City. The combined cost of maintenance and IT support is estimated to be $68,000-$80,000 annually. Additionally, the agreement specifies that the City is obligated to repair or replace any failed infrastructure or life support equipment necessary for City of Chula Vista Page 2 of 3 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 283 File#: 14-0328, Item#: 13. the full and lawful operation of the Living Coast Discovery Center and the preservation and exhibits of the center's wildlife up to a maximum of $40,000. Repairs over and above that amount would be at the sole discretion of the City. The City's total obligation to the Living Coast Discovery Center is $363,228. ONGOING FISCAL IMPACT This resolution approves an Amended and Restated Operating Agreement, with an opportunity for term extension of sixteen (16) months with performance measures met. Future financial support for the Living Coast Discovery Center will continue to be included in the City Manager's budget review each year to the City Council. ATTACHMENTS "A" - Amended and Restated Operating Agreement between the City and the Living Coast Discovery Center City of Chula Vista Page 3 of 3 Printed on 9/18/2014 istar 2014-09-23 Agenda Packet powered by Leg age 284 I-{�xv� �I 3 � {2e,�istd �rtcme�r ; A�1IENDLD AND RLSTATGD OPERATING AGR�EMCNT ' i [Li��iug Coasf Discovcr�- Centcr, Clmla Vista] This AA4EI�DED Ai\'D RESTATED OYERATII�'G AGREEMENT [Living Coast Discover}� Center, Chula Vista] ("AgreemenP`), is entered into effecti��e as of October 1, 2014 ("Effecti��e Date"), by and between the CITY OF CHiJLA VISTA; a chartered numicipal coiporation("Cit��"), and LIVIi1iG COAST DISCOV�RY CB\TTGR, a California nai:profit corporation ("Operator"). Individually, the City aiid Operator may be referred to herein as "Party" and collectivel}� as "Parties". This Agreement is made�aith reference to the follo���ing facts: RECITALS A. The Chula\�ista I�'ahue Center(`CV7�'C") is a�i�orld-class zoological institutiai aud attraction ���ith hands-on exhibits and live animal displays, ���hich emphasize the impoitance of natural coastal marsh resources and their delicate ecosysietn balance. The C�T'C is located at 1000 Gunpowder Point Drive, Chula Vista, CA on approximately 3.3 acres of land (`m'ature Center Land") on Gunpo�cder Point witl�in tlie Sweehvater Marsh National \'��ildlife Refuge ai land o�aned bp the U.S. Pisli and Wildlife Service ("USFWS"). B. The C\TC�i�as opened to the public in Jidy of 1987. Lutially, the CVNC ���as operated by the Bayfi�ont Conservancy Tivst (`BCT"), a non profit corporation fonned for that pu�pose. Thereafrer, tlie Cit��, Redevelopment Agency and the BCT o��ersa���significant impro��ements to the CVNC. The City ultimately assumed direct control of the CVNC, ancl i�i 2002 tlie Cily created Tn ofTicial Nature Center department to manage C�R�'C operations. C. The Operator�vas initially formed as Tlie Environmental Legacy Fund; a California non profit corporation qualified as a taa exempt public cliarity for purposes of assisting with fimdrTisiug for C�R�'C operations and to orgauize aiid suppm t volwiteer efforts aftlie facilit}�. On or about 7une 16, 1997, tlie Operator changed its name to the Cl�ula Vista - Nature Center Foui�dation, and then in 2012 chauged its name, and the name of tlie CVI�'C to tl�e Living Coast Disco��ery Center(the "LCDC '). D. OuApril 2S, 2009, the Ciq�Council authorized Cih�staffto pursue a puUlic-private - padnership and operating Agreement with lhe Operator for the operation and management of tlie LCDC, along with t�vo conceptua'. fic:ding plans as a basis for negotiations. ] E. After a series of mcetings, negolialions and intcrim agreeroents, effective February 6; 201 G, the Parties agreed on the terms and conditions for the initial grant by City aud Rede��elopmeiitAgency to Operator of a license to manage and conirol LCDC operations, pursuant to a formal "Operating Agreemenl ." F. Sii�ce then, the Partics liave agreed to modify and/or extend the Operating Agreement as follo�vs: (1) On or about Novembcr 23, 2010,the Pa�ties agreed to amend the Operating Agreeinent in order to extend the tenn until June 30, 2012; (2)Etlective]uly 1, 2012 tl�e Parties entered into a ne���OperatingAgreement for� period of 1 year, endiiig June 30,, 2013; (3) On June 11, 2013,the Parties entered into that certain First Amenchnent to extend the Operating Agrecmeiit iintil Juuc 30, 2014; aud (4) on or abou� Jwie 19, 2014 ihe Ci�y n4an�ger agreed to extend the Operating Agreemeni mitil September 30, 2014. G. In order to fiu ther cxtend the Operaluig Agrecment, aud to u��date certain pro��isions thereof;the Parties now desire to enter into tUis Agreement. I�OV1',TH�It�F012E; in consideration oftlic above Recitals, the n5utual covenaiits contained lierein and for otl�er good and valuaUle consideratiou, tlie receipt and sufiiciency of which tlie Parties hereby ackno���ledge, die Parties hereby agree as follows: ARTICLE I. GRANT OF LICENSE 1.1. Gra�it of License fm•Natiu�e Ccnter Operatious: As of the Effective Date, aiid stibject to the various tenns and conditious ofthis Agreemen�, City hereby grants to Operator the exclusive license to operate the LCDC (tl�e"LCDC License"). Except as otherN�ise expressl}�provided herein ancUor to tl�e extent necessary for City,ro perfor�u a�id sTtisfy its obligations under this Agreement,the LCDC License shall include exclusive access ro, possession of, aud control over the follo���iug LCDC assets and progranis: a. Land and Lnurovements. Operator shall have eaclusive access to and control over the I�ahire Center Laud aud improvements tl�ereou used in the operation of the LCDC (collective]y,tl�e "LCDC L�nd and lmprovemeuts'). A desm iption of tlie LCDC Land and Improvements is attached hereto as Cx1�iUit A. Operata's use and coirtrol of the LCDC Land and Lnprovements shall be subject to any and,�Il (1) City reserved rights expressl}�provided for iu this Agreement; and (2) leases, easements, liens, restrictions and requirements existing�vith respect thereto as of the Effective Date (collectively; the"LCDC Requiremeiits'). U. Permits and Conhacts. Operator shall l�av0 Ciiy'S ucliciicial rigltts uncier an,y and all permits, agreements, grants, licenses, easements, and/a'contracts rel�ted to the operation of the LCDC (tlie "LCDC Pennit and Contracts"). To tl�e best of theii knowledge, City represcnts and �varrants to Operator that (1) the LCDC Permits and Contracts are assignaUle, (2)the list of LCDC Permits and Contracts attached ltereto as �xhibit B is complete and accurate in all respects, and (3)Citp hTS obtained any aud all appro�-als from tlie applicable governiug authorities or caihacting parties th�t are necessary or ap�iropriate to allo�v Oyeretor's use thereof. 2 a M�naeement of Dav to Da�� Operations. Eacept as otl�er���ise specifically provided herein, Operator shall liave exclusive authorih�, responsibility ancl control over t6e dav to day operations of the LCDC includin�, �vithout limitation, tiie following matters: (1) Hours of Operation; (2) Sta�ng Levels: (3) Hiring, super�•ision, and termination of employees and yohmteers; (4) Marketing; (5)Admissions Rates and Policies; (6) Fnndr�ising; (7)Educational Progi�vus; (S) Custodial Maintenance of tlte Land aiid Lnprovements; and other maintenance no[ expressly assumed by City as provided iu Section 6.2, belo�3; (9) GiIl Store O�>erations; (10)Third-paity use of LCDC facilities; (I1) Food Ser��ice; (12) Concessions; (13)Third-pa�Ty conn�acts for supplies or sert�ices; (]4)Preseutatio�i, standards of cTre �nd dis}�osition ofLCDC \i'ildlife; (1 S) Arrangement, Modification and Cons�ruclion ofExhibits; and (16)modificatiou of LCDC Permits and Coniracts. i. n4arkeling. Any and all marketing and advertising activities for the Li��ing Coast Discovery Center shall contain an addition to tl�e l000, as either a "Loeo Descripior" or"Tagline,� n�ith the words"at Chula Vista". d. Cilv Assianment of Use Riehts to LCDC Land and Improvements. To the exte>>t uecessar��or appropriate for the operation of the LCDC by Operator, Cit�� hereUy assigns to Operator respectiee riglits to (1)use of the LCDC Lancl and Luprovenients, (2) the LCDC Permits and Contracts, and (3) the LCDC 1�'ildlife (collectively, ihe "LCDC Assets"). i�lotwithstanding the foregoing; Cih�shall retain a residual interest in ancUor o�vnership of; as the case ma��be, the underlying righ[s and title to the LCDC Assets (excluding the LCDC fauna) sucli that upon the e�puation or other tennination of this Agreement, unless othei�vise agreed beh��een the parlies, total o�vnership and conirol o£ihe LCDC Asseis(excluding Nie LCDC fauna) shall re�-eit to the Cit}�. ARTICLE IL TRANSFER OF TITLE OF TANGIBL�ASSETS 2.1 ��'ildlife (Floi:� aud Raima). Operator shall have exclusi��e possession and control over any and all flora and fauna(the o���nership of such fauna has been pre��iously transfened to the Operator, pursuant to the February 6, 2010 Operating Agreement) located at the LCDC as of ihe Effective Date ("LCDC �Vildlife"); such possession and control shall include, without limitation, the exclusive riglit and authority to se11, transfer; trade, loau or other���ise dispose of the LCDC Wildlife in Operator's sole discretiou and consistent with practices of the I�'ational Association of Zoos aud Aquariums as same may be updated fiom time to tiiiie. Notwithstanding the ioregoing, ��.ia::o am�deterntination that any of the fatm� sl�all be eLUli�nized for reasons other than terminal illuess or injury,il�e Operata' sliall infornt the City in tvriting of its intention to do so and pro��ide the City with tlie option to refer the care of fauna to another agenc�c Funds for such disposition and transfer for care to other aeenc�� shall be drawn from the Contingency Fund identified in A�licle IV, Section 43. 3 2.2 Tixtm•es,Tw�nisl�ings, �quipment and Supplies. Operator shall have exclusive possession and control over all fixtures, furnishings, im�entory, office aud mainlenance equipment aud su}iplies ("LCDC FF�R�") that were transfetred from the Cit}�m the Opeiator pursuaut to the February 6, 2010 Operatiitg Agreement between the City Tnd tl�e Nature Center Foundation. In addition, �i�itl�in tl�irty (30)days after Ihe �ffective Date, City shall take all actio�is �iecessary to transfer all right, title aud interest in aud to tl�e follo��ing vehicles carrently used for LCDC operations: (a) 1995 Gillig, Lia No. E013416, with appi'oximately 157,000 miles; a�id (b) 2005 EI Dorado E-Z Rider II, Lic. No. 12127G8, �eith approsimatelp 45,000 iuiles. Such veliicles ���ill be trai�sferred to Operator at no cost ii� their"as is° condition with no representations or�vTrranties of�np kind. ARTICLE IIl. TEItA9 OF AGR��MENT 3.1 Te�w. "fhe initial term of this Agreeuient ("Initial Term") sliall commeuce oi�the Effecti��e Date aud sl�all expire on December 31, 2015 ("Expiration Date"), unless earlier terniinated pursuanl to ARTICLE X, herein. 3.2 �xteusion of Term. Operator shall be entitled to an automatic eatension of the Initial Tenn until June 30, 2017 (the "Extei�ded Term") if, prior to the expiratiou of t6e ]nilial Term, Operator demonstrates to tlie City D4anager, actiiig in hisll�er good faith and exercisuig reasonable discretion, that Operator l�as, since ilie Eftective Date: (a) estaUlished and fimded a separate operatioual ieserve fimd for LCDC operations with a ininimum miencuuiberecl balance of$100,000; (b) established and documented 27 ne�v paitnersliips, ,collaUoratious, and/or programs tliat increase, in the aggregate, LCDC net revenues; (c) maintained or augmented LCDC Board membership; (d) over a 12 mo�ith period, increased LCDC 'general attendance by hvo percent (2%) or greater as com�aied to the previous 12 month period; and(e) complied �3�ith all m�teri�l terms �nd co��ditions of this AgreemenL. Tlre Lutial Tenn may also be e�tended_by nnrival �vritten agreement of the Parties. ARTICLG I��. FUi�DING AT�D USE OF R�V�NUE 4.1 LCDC Revenues. Any and all re��ei�ues generated through LCDC operations aiid/or fundraising("LCDC Revenue)"during ilie Term sl�all be retained by Operator and solely applied to LCDC oper�tionll costs and/or development. 4.2 Operator M:�nagement nu'tl I�tuiding. During il�e Initial Term or any extension thereof, the Operatm sliall manage aud finance all of the LCDC operations in a manner consistent witl� aud d�at fiillp satisfies Oper�tor's obligalio�is<<u�e.thz terms of this Agreeme��t. In the e��ent that LCDC Revenue is insufficient by itself to cover the operation of tl�e LCDC under this Agreement, the Operator sl�all Ue responsible for funding any operational deficit I out of its own fimds. 4.3 Operatm's Special Rese�l�e for llisposition of F'aima. Operator shall maintain througlioiit the Term of this Agreement a special contingeiicy i'eserve account ii�tlie minimum �mount of$10,000. Tl�is account shal] Ue dedicated esclusively to���ards 4 fwiding any aud a1l acti��ities Operaror deems necessar}�for the transfer; or other appropriate disposition; of tt�e LCDC fauna to the extent such disposition becomes necessarti•pursuan[ to d�e temis ofArticle� hereof. Operator sliall not�i�ithdraw funds from the contingency reser��e account for any purpose other than that identified aUove and sliall obtai�i prior�vritteii consent from the Ciry to �vitlidraw such nmds. An inventorti�of the LCDC fauna at the LCDC as of the Effecti��e Date is attached Uereto as �xhiUit`�C". Operator agrees to update this Exhibit aud provide a copy to Citp from time to time, as �t�arranted, no less fiequentl}�than every 12 months. 4.4 Joint Fundraising�ffm•ts. Tl�e Parties lgree to e�ercise their com6ined best ellorts to solicit and sectire additional ninding to support LCDC operatiau and development. Fuudraising efforls shall be coa�dinated through Operator's Director of Developmeiit pursuant to Operatot's lppro�ed fimdraisipg plans and policies. ARTICL�V. ADDITIOI�TAL OP�RATOR COVEI�'Ar"I'S �.1 Use Covenant. During the Tnitial Term and anv mutu�lly a�reed upon e�tension thereo£ Operator covena�its and agrees for itself and its successors and assigns, tliat Operator shall operate tl�e LCDC as a zoological institution and attraction ���ith hands-on exhibits and li��e anim�( displays, which emphasize the importance of natural coastal marsh resom•ces and their delicate ecos}�stem,t�alance. To tlie eatent practical; and to the estent consistent with both the LCDC Requirements and the LCDC Permits and Contracts, Operator shall also operate the LCDC consistent with the siandards established by ihe I�Tational Association of Zoos and Aquariums as same ma��be updated from time to time (collectively, the"Nature Center Use"). �'�'ithout City's prior���ritten approval, Operator sliall not seek entitlements or permits for the operafion or redevelopment of the LCDC property for other than the \Tanire Center Use. Operator shall conduct the\anue Center Use in compliance}vith any and all applicable federal, state and local laws and regulations aud the LCDC Permits and Contracts and consisient «�itl�the purpose of the LCDC License. 5.2 Operatoi•'s\'on Profit Status aiid�Ianagement O�r�nei•sliip Structure. Dming the Initial Term of this Agreement (and tl�ereafie;if extended), unless othen��ise appro��ecl by the Cit�c the Operator sh�ll continue to operate as a California non profit corporation that is qualified �s a tas e�empt public charity pursuant to Internal Revemie Code Section _ �O1(c)(3) and Califomia Revenue and Taxation Code Section 23701 d. Cit}� shall ha��e the right to appoint one(1)Direcior to Operator's Board ���henever the Board is comprise of ' fifteen (15) Directors or less, and nvo (2) Directors whenever d�e Board is coui}�rised of sixteen (16) Directors or more; provided ho�a�ever, City agrees not to exercise its appointment right(s) hereuuder in any manner tha; i:•iggc:'s application of tlie Ralph n4. Bro���n Act to Oper�tor`s Board meetings. 53 Cih'Access for Special ���ents. Operator sl�all grant City free access to aitd use of LCDC facilities for up to sixteen (16) separTte events (including meetings) per calendar ��ear. City events shall be scheduled in accordance with Operator s nonnal scheduling procedures so as not to interfere�vitU noin�al LCDC operations or other scheduled edents. Events sl�all be for a maxintum of one day each. Oper�tor shail waive its standard facility 5 charges for Ciq e��ents covered Uy tiiis Section, but resernes the right to charge for an}� special services provided or cos[s incurred (for example, staff overtime or charges for e�tended bus service hours). 5.4 Admissions. Operator shall provide City ���itl�fifq� (50) achnission passes per year for use by Citq in any manner consistent ���itlt City policies and la�v. 5.5 No Modifications R'itlwut Cih�Approval. Operator shall not make �ny modificatiais to the LCDC lmprovements �3�itliout Cily's prior�vritlen approval, �vl�ich such approval shall not be um�easonablp «�itlil�eld or delayed. 'I'his shall includc even minor modifications (e.g., sink fauceis) as such modifications can raise issues�i�ith ongoing maintenance. Any modifications lo tlie LCDC Lnprovements eaceeding�10,000 iu cost (excluding the installation or removal of temporary exl�ibits) s1�a11 require City's prior �vrilten approval,�vliicli such approval ma}�Ue gr���ted or denied iit Cit}�'s sole discretion. ARTICL�VI. ADDTTIONAL CITI'COVGNANTS 6.1 Approvals of OtherAgeiicies. Cit}�has oUtaiued auy 1nd all approvals from Ihe applicable governing authorities or contracting parties that are necessary or approprilte to allo�i�Operatoi's use of the LCDC Yeimits ancl Coi�tracts. a. Citv's Failure to Obtaiu Apuroval of Related Aeencies. Iu the eveut that afiet Ciq�'s good faith effoits to oUtain approvals of Related Agencies for the trai�sfer of City obligations with respecl to Hie LCDC, wl�ich failure would subject the City to financia] or otlter liability, this contract sh�ll be deenied invalid, and the Parties sliall reenter good faith negotiations to establisli�method to �ccomplish tlie goals of tliis Agreement. 6.2 Cit�• "Iu-Kiud" Se���ices and Supplics. City�grees to provide certain "in-kind" services a�id supplies to Operator to assist���ith LCDC operations duriug the Initial Term either at uo cost or at au agreed upon rate of reimUursement. A list of such ser��ices aud supplies, corresponding reimbmsemei�t rate(s), if any, sta��dards of perfonnance, and schedules for dcliver}�,is �ttached hereto as�xhibit D. Additional "in kincP' ser��ices not listed may be provided b}� City on terms to be negotiated. 63 Cocupliauce�vitL Permits and Cmrtr�cts. Cit}� sliall take no action���ith respecl to the LCDC Permits a��d Contracts thTt �vould c�use any violation thereof or default thereunder, or that�i�ould cause the LCDC to lose its accreditation witl� the Americau Association of Museums. Cit}� shall inunediately notifp Operator iri �viiiiug of 1ny notice of violation or defTUlt under auy LCDC pennit or contract, with sufficieut notice to allow Operator to take the necessary steps to cure same. 6.4 Deferred Mainteuauce items. Paities agree to ongoi��g discussions regardine the condition of_the LCDC improvements, ai�d �hose items,of Defened Maintenance agreed to by the Parties sl�all be included in the City`s Capital Lnprovement Program, as same may be updated fiom time to time (the"Deferred Maiutenaiice Work"). City intends to G implement Deferred Maintenance Work as fimdvig allo���s and following covsidcration of Citp priorities, as determined in City s sole discretion. An}� such�i�ork implemented U� the Cit}� shall be done in accord?nce�vith industty standards and shall be subjeci to Operator`s prior reasonTbfe approval and acceptaiice. 6.5 Pati�ment of Dcbt Scrvice on LCDC Iropro�'einents. City shafl contiuue to pa}�debt service to Batil: of i�e�j�York to finance amounts loaned to City for construction of certain of the LCDC Improveiuents, and shall strictly comply ���ith any and all co��enants and agreements entered into in connection tl�ere���ith. 6.GPa��ment of Utilities aud SUutfle Bus TueL Upon receipt of utilitp bills for elecu�ic, water, and telecommunications, Cit}�shall remit plpment for such utilities direcdy to tl�e utility operator in the amount of the im�oice for the utiliq� services used for tl�e operation and maintenance of the LCDC during tlie tenn of this Agreement In addition; City shall pay for Slwttle Bus iuel costs. Operator shall Ue responsible for all other«tilitp costs, including propane gas and waste���ater remo���L Ciq�`s conuuitment to pay Utilities and Slmitle Bus fiiel costs as pro��ided iv this Section sh�ll not exceed S79,228 per year ("\9�ximum P�yment Amotmt"). Airy costs/eapenses in excess of this Maximum Payment funount sh�l! be the obligation of Operator. ARTICLE VII. INSURANCE 7.1 Lism•aiice. Operator's OUligatioi�. Prior to the execution of tliis Agreemetit, Operator shall (i) obtain, and upon the City's reqaest pro��ide to ihe Cihc insurance ce�tificates reflectiiig evidence of all insurance required in Section 7.1(a); (ii) obtain City Tpproval of eacl�wmpany or companies: and (iii)coufiim that all policies contain t6e specific provisions required by section 7.1 a. T}�pes of Insurance. At all times during the term of this Agreemeut; Operator shall mTiutain insurance co<<erage as folloti�s: i. Conmierci�l Geueral Liability. Operator shall provide at its expense a policy or policies of Conunercial General Liabilit}� [CGL] Insurance �i�ritten on an ISO Occurrence fam CG 00 Ol 07 9S or an equivllent form providing co��erage�t least as broad and whicl� shall cover lia.bilit}�including,personal injui��and advertising injurp, bodily injuq�,propert��damage, and liability assumed under an insured's contract (including the forl liabilit}-of auotlier assumed in a busiuess contract). There shall be no endorsement or modification of the CGL Insurance limiting the scope of coveraee for eiUier`5��sa�c; ;s. insu�ed" claims or contractual liabilit��. Operator shall maintain ihe same or equivalent CGL Insurance as described hereiu for at least ten (10) ye�rs following teimination of this Agreement. All costs of defense shall be outside the policp limits. The Policy shall provide for co��erage in amounts not less than tluee million dollars (�3,000;000) general aegregate liniii, one million (S1;000,000)per occunence for Bodily Injury; Persona] hijury, or Property Damage, and five lumdred thonsand (S�00;000) 7 i suUlimit for"Damage to Renled Premises," one million (�1.000,000)of liquor liability coverage, and a $5 million excess liability policy; ii. Commerci�l Automobile Liability. For all of Operllor's automobiles used in conjunction �{�iih the Project including o�vned,]iired and non-o��med automoUiles, Operator shall keep in full force and effect, a policy or policies of Commercial Automobile LilUility Inswance wrilten on an ISO form CA 00 Ol ]2 90 or a later version of tliis forin or equi��alent form providiiig coverage at lelst as Uroad in the amount of one million dollars ($1,000,000) comUined single limit per occurrence, covering bodily i�yury anci property daivage for o�vnecl, non-owned �nd hired automoUiles ["Ai�y Auto"]. All costs of defense shall be outside tl�e policy. iii. �xcess Liabilit}�. Operator sl�all provide Excess Liabilit}�Iusurance aftording three nullion dollars (�3,00O;OOD) or any other amount agree to and approvecl by the City's Risk Man�gement Departiuent, in excess of General Liability�nd �mplo��er's LiaUility limits afforded on prima�}�policies. Tlie coverage�vill Ue subject to lhe same terms, conditions, and exclusions found in the piimary policies. iii. Worker's Compensatiai. For all of Operator's emplo}�ees �vlio are subject to tUis Agreeineiit and to the extent required by the State of Califor�iia, Operator sliall keep in fiill foree and effect, a \��orkers' Compensation Lisurauce aiid Employers' Liability Insurance to protect Operator against all claims under applicaUle state wol�kers' co'mpensation la���s. The Cih', its elected officials, and employees will iiot be responsible for any claims in law or equity occasioned by the failure of tlie Operator to comply with tlie requirements of this section. Tl�at polic}�shall pro��ide at least tlie statutory minimums of one million ($I,000,000) for Bodily Injtuy by Accidei�t for each accident, one v�illion dollars ($1,000,000)for Bodil}' Injury bp Disease each employee, and a one million dollars ($1,000,000)for Bodily Tnjury by Disease policy limit. A. Prior to the execution of the Agreement by the Cit��, the Operator shall file the follo���uig signed certification: "[ am a���are of tl�e provisions of Section 3700 of tl�e Labor Code which requires every employer to be insured against liability for���orker's compens�tion or to undertake self-insurance, in accordance�vith the provisions of that code, and I ���ill compl}� ���ith such��rovisioiis before covunencing the performance of the work of the Contract." b. Ratine Requirements. Except for State Compensation I�isurance Fund, all insurance required by express provision of this Agreement sl�al l be carried only b}�responsible insurance companies tl�at have been gi��en at least an "A"or"A-' and "V" rating b}' AM BEST,il�at are authorized by the California lnsur�nce Conunissioner to do btisiness in tlie State of Californi�, and that have beeu approved by the Citp. s i. Non-Admitted Carriers. The City n�ill accept insurance provided by non-admitted; _. "smplus lines` carriers only if the carrier is authorized to do business in the Stafe of California and is included on the List of Eligible Surplus Lines Insureis [LESLI list] ���ith a current AM BEST rating of no less t6an A:X. c. Endorsements Required. Each policy required under Section 73 ofthis Agreement shall expressly provide, and an endorseiuent shall be submitted to tlie City, U�at: i. Additional Insureds. Lacept as to�'�'orkers Compensation; the City and iis respecti��e elected officials, officers, employees, agents, and representatives shall be named as additional iiisureds. - ii. Primary and Non-Contributory. The policies are primary and von-contributing to an}%insurauce or self-insurance that may be carried by ihe City of.Chula Vista, its elected officials, officers, employees, ageiits, and i.epresentatives witli respect to operations, including the completed operations if appropriate, of the T'amed Insured. Any insurance maintained by the City of Chula Vista and its elected oflicials, officers, employees; agents; aud representati��es shall be in excess of Operator`s iusurance and shall not contribute to it. iii. Wai��er of Subrogation. Operator s insurer�eill pro��ide a ��'ai��er of Subrogation in favor of the City for eaclt reqttired policy providing coverage for the terni required by this Agreement. i�c \Vritten Notice. Escept as pro��ided for under California la���, tlie policies caiuiot be canceled, nou-reiiewed or materiall��changed excep� after Iltirly (30)calendar daps prior���itten notice by Operator to the City by certified mail, as reflected in an endorsemeni �i�hich shall be submitted to the City, except for non-paymeut of premiimi, in���liich case ten(]0) Calendar Days notice shall be proqided. A. The �ti�ords"���ill eudeavor" and "Uut failure to mail such notice sl�all impose no obligation or liability of auy kind upon the company,its agents, or representatiees" shall Ue deleted from all certificates. d. Additional I�isurance. Operator may obtain additional insui�ance not required by this Agreement. If the contractor maintains higher limits than the roii�inmms sho«�n �bove; -_ the Eutity requires 2nd sl�all be e�ititled to coverage for tlie higher limits maintaineel by the contractor. Deductibles/Self Insured Retentions. All deduciibles and self-insurance retentions on any - policy shall be the iesponsibility of Operator. Deductibles and self-insur�nce - retentions shall be disclosed to and approved by the City at tlie tiwe the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or elimivate such deductibles or self-insured retentions as respects the Citp, its officers, officiTls, employees and voluu[eers; or the Operator shall pro��ide a fin�ncial guarantee 9 s�tisfactay to the Ciq� guaranteei�ig payment oflosses aiid related iin�esligations, claim adiui�ustra(ion and defense expenses. e. Poliev Chauees. Oper�tor shall noi modify any policy or endorsement thereto ���hich iucreases the City's exposure to loss for the ciuration of tUis Agreement. f. Reservation of Ri�hts. The Cit}�reserves t6e right, fi•om time to time, to revie�i tl�e Operltor's insurance covera�e, ]imits, deductible aud self-insined retentious to detennine if tliei' �i•e acceptaUle to the City. g. Not a Limitation of Other OUIi atg ions. L�surance provisions under this seclion shall not Ue coustrued to limit the Operator's oUligations under this Agreemenl, including Indemnity. h. Material Breach. Paifure to maintain; rene�e; or pro��ide evidei�ce of rene�val during the tenn of tl�is Agreeroent ma}� be ireated by the Cit}� as a material breach of contr�ct. 7.2 Instu•auce—Cih�'s OUligation. �. Self Iusure: Citv is self-insured 1ud ���ill provide evidence to the e�tei�t reqnested by the Operator. ARTICLE VIII. iND�MNITY 8.1 Indemnity Defensc nnd Hold Hnrmless. To the ma�imum extent allowed by law, Operator shall defend, indemnif}�; protechand hold harmless the City its elected and appointed officers; employees, volunteers, and agents (collecti��ely"Indenmified Parties"), from and against a��y and atl claims, demands, causes of action, costs, eapenses, liability, loss, damage or injury, in la�y or equity, to property or peisons, including�vrongful deatly in any mamier lrising out of or incident to any alleged acts, omissions, negligence, or ��%illful misconduct of Oper�tor, its oflicials, officers, employees, agents, and contractors, arising out of or in connection�vitli tlie operation of LCDC. This indemnity p�ovisiou does not iuclude any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising firom the sole negligence or sole willfi�l miscouduct of oue or more of the Indenu�ified Paities.Also covered is liability �rising from, connected �vith, caused by or claimed to be caused Uy tlie active or passive negligent �cts or omissions of the Indemnified Parlies, �ti�liich niay be in combination�i-ith the active or p�ssi��e negligent acts or omissioi�s of the Operator, its employees, agents or officers, or Tn}�third par[y. S.2 Costs of Defeuse auclA�rard. Included in the obligations in Section 8.1 is the Operator's oUlig�tion to defend, at Operator's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brouglit or instituted against ihe Ti�de�iwified Parties. Operator shall pay and satisfy anyjudgment, award or decree iliat may be rendered aglinst tlie Iudemnified Parties, for any and all]egal expense and cost incurred by e�ch of tliem in comiection therewith. ]0 S3 Insm•ance Proceeds. Operator's obligation to indenmify shall not be restricled to insurance proceeds; if an��, received Uy tl�e Indemnified Parties. S.4 �uforcement Costs. Operator agrees to pa�•any a��d all costs Indenmified Parties incur enforcing tlie indenuuty and defense provi�ions set forth in tl�is P.�4icle VIII. S.5 Cin�'s Indemnih� Obligation. Ci[y shall have reciprocal obligatious to defend,indenmif}• and l�old Operaror, its officers, employees, and agents huniless witli respcct to claims, damages, liabIlitp, costs and expenses (iucluding without linuta[ion, attorneys' fees) arising from the sole nee(igence or sole���illful misconduci of(he Tndenmified Parties), including tlie relared oblieations contained in Seciions S.2 tlu�ough 8.4. . 8.6 Sw•viv�l. .4 Parq�'s obligations under this Article VIII shall suraive the termination of this Agreemeiit. ARTICLE IX. REPORTIt�'G 9.1 Periodic Reports and Meetings. Operator sl�all provide Cit}��i�ith quarterl��periodic financial reporls 2nd shall meei and confer«�ith City s[aff£rom time to time to revie�p operaiional issiies no[ specifically addressed bp this Agreement. In the event that Operator anticipates an operating deficit tliat may affect the continued operation of ihe LCDC, Operator shall immediately arrange to meet and confer with tlie Citp to deterniine ho�i�such deficits may be appropriately addressed. 9.2 Accounting Requirements and Tinancial Repm•ts. a. Books and Records. At all times during the term; Operator shall maintain full and adequate records aud accounts for liiy aud 1ll LCDC reveniies and expendihues in a manner that complies �i�ith Generally Accepted Accounting Principles. Such records, and any and �1l related ledgers, books of accounts, in��oices, ��ouchers, cancetled checks; and other records or documents shall be made available to the City, or its designees, upon five (�) days prior�aritten notice. City to keep all donors and grant infa�mation confidential. Op^rator shall provide such assistance as may be reasonably required in the course_of such inspectioi�. The City fiirlher reserves the right to examine and re-examine said books, records and data during the foin (a) year period follo���ing termination of tl�is Agreement or completion of all «�ork herewider; and Operator sliall in no eaei�t dispose of, destro}�, alter; or mutilate said Uooks, records, accounts, and data in"any manner whatsoever duri�ig that time period U. Fivancial Reports. Commencing on n4arcl� 1, and quarterly thereafter, Operator shall provide City with a report of its f nancial condition in a form reasonably satisfactor}=to the City s Finance Directon The repoi�ts should include Profit and Loss Statement; Balance Sheet and Stateroent of Cash Flows. The quarterly financial repoiKS sl�ould include year- to-date information for the quatters ending on September 3Q December 31, March 31 �nd June 30 of each fiscal year. In addition, Operator shall notify tl�e Citv manager within tlurty (30) days of the occurrence of any event th�t has or is expected to liave a material impact on LCDC operations or Operato�'s financial condition. c. Required Audits. B}� no later tlian 30 days afier the Effecti��e Date, and Uiereafier, by no later tlian October 1, of each ye�r of the Term, Operator shall engage an independent, licensed, certified public accountant to conduct a fivancial audit of Operator's books and records. City agrees to contriUute $10,000 to�vards the cost ofthe initial audit; tlus audit shall Ue complcted and.a copy thereof provided to the Cit}�Uy no later than OctoUer 1, 2014. Thereafter, the reqiiired annual audit sh�ll be prepared at Operator's cost and pro��ided (o City Uy no later tha�i October 1 of each year. ARTICLE 7C. TERMiNAT10I�' 10.1 Ter�uiq�tim� for Breach. Eitlier p�rtp m�y terminate ihis Agreement earlier tlian the nahiral expiration dlte if the other pTrty l�as materinlly defaulted in its oUligations aiid tlie terminating party l�as provided the defauliing party with �aa•itten notification of sucli determination; and the defaulting partp l�a's refused to cure the defaultivitl�iu thirty (30) days of sucl� notice. If the default is such th�t tlie cure will reqiiire longer than 30 days; the time for cure �i�ill Uc extended for the i�eriocl ot'time reasonaUly necessary ro complete tlie required work, provided, l�o�vever, the dcfaulting paity must promptly begin tlie required cure and diligeiitly prosecutes same to couipletioii. 10.2 IVatural Terminatimi of tl�is Agreement. Iu the evenl Hiat eitlier party elecls nol to extend this Agreement past tlie Initial Terpi, upon tUirty (30) days written notice from City, Operator, at its sole cost, sl�all take all necessary and appropriate steps necessary to transfer LCDC fauna to anolher quatif ied institution for continued care and maintenance. LCDC fauna tl�at Opeiator determines cannot reasonaUly be transfei•red shall be othei���ise disposed of as Operatm deems appropriate and in a manner that is consistent witl�industry stanclards,provided,howevcr, in no event shal] Operntor eutl�anize auy animlls, unless and until the Operator has infonned the City in writing of ils intention to do so and provided ihe City �vith tlie option of taking control of the care.thereof. "I'itle to LCDC FF&E transferred from tlte Cit}�to Operator pursuaut to tl�e February 6, 2010 Operating Agreement shall Ue transferred back to the City. 10.3Iujtmetive RelicL If the Operator conunits a breach or actions Uiat suggest an anticipatory Ure�ch of any of the covenai�ts cailainecl in this Agreement, �nd such occurrei�ce or actions remain unconected for a period oftlurty (30) days ormore following written notice describing such breacli, C:.y a�.d :ts successors and assigns; �vithout regard to whether City oi its successors ancl assigns are an owner of any land or interesi therein to wl�ich these covenants relate, may institute and proseciue auy proceedii�gs at law or in equity lo abate,prevent or enjoin any such violation or attempled ��iolation or to compe] specific performance U}� Operator of its oblig�tions l�eretmder. No delati�in enforcing tUe provisions hereof as to any breach or violation shall impair, damage or�+�zive the right of any party entitled to enforce the provisions heieof or to obtain relief iz aeainst or recover for the continuation or repetition of sucl� Ureach or violations or anv similar breach or��iolation hereof at anv later time. a. Additia�al Time for Cure. hi the ebent ihat the breach ctimot be curecl �vithin the 30 day timeframe identified aUove, Operator shall inmiediately notif�• City in writing of its inabilit}�to cure, describing ihe reason for the inability to cure; and provide a date b}�n�hich the cure shall be accanplished. lf the Citp deems such eaplanation of the dela}� reasoiiaUle, it shall p�'ovide Operator�vith additio�tal tiine to cme such breach and 2 secoiid �5otice�vith the date b}����hich the cure sl�all be accomplisl�ed. 10.4 Additional Remedies. In addition to the tennination rights coniaiued in Sections ]0.1; 10:?, ancl 103 hereof, City and Operator shall each ha��e any other remedies a�•ailable at la��; equit}c or other proper procezdings. ARTICLE XI. NOTICE I I.1 Notices. Unless otherwise specifically permitted by this Agreemcnt, �ll notices or other co�umui�ications required or perinitted under this Agreement shatl be in writing �nd shall be personally delivered; seni by registered or certified iiiail, posiage prepaid, re[urn receipt requesled; or sent by facsimile,provided that the telecopy cover sheet conlai�� a notation � of ilie date and time of transmission, and sl�all be deemed received: (a) if personally delivered, upon the date of deliveiy to the address of the person to recei��e such notice, (b) if mailed in accordance�i�ith the provisions of this paragraph, h��o (2) business days after the date placed in the United States mail, (c)if mailed other tha�i in accordance �vitli tlie pro�=isions of this paragraph or mailed from outside the United States, upon the date of delivery to the address of die person �o receive such notice, or(d) if given by facsimile during business hours ���heu delivered can be confirmed; ���hen delivered. Notices shall be given at die follo���iug addresses: If to City: The City of Chida Vista Attn: City T4auager 276 Fourtl�Avenue Chula Vista, CA 91910 Far: (619)409-SSS4 \�'ith a copy to: City Attorney [sTme acldress] If to OPEI2ATOR: Living Coast Discovery Center Atin: Executive Director 1000 Gunpo�vder Point Drive Chida Vista, CA 91910-1201 Fax: (619) 409-�910 �i'itli Copy to: \Villiam L. Fischbeck,Esq. 13 Fiscl�beck f> Oberndorfer 5464 Grossmont Cenler Drive, Suite 300 La Mesa, CA 91942 Fax: (6l9) 464-6471 ARTICLE}�li. MISCELLANEOUS PROVISIONS 121 Headings.All article headings arc for cou��cnience onll' and shall not affect the interpretation of iliis Agreement. ]2.2Gender & Numbec \��henever the context requires, the use herein of(i)tUe neuter gender includes tlre masculine and the feminiuc genders and (ii) the singular nuiuUer iucludes the pltu'al uumUer. 123 Refcra�ce to ParagrapLs. Each reference in this Agreement to a scction refers, miless o)herwisc stated, lo a sectiov in this Agreement. ]2.4Incm•poi•atim� of Recitals. All recitals l�erein �re iucorporaled inlo this Agreement and are made a part hereof. 12.5 Covenants aud Conditions. All provisions of this Agreement expressed as either covenants or conditions on tl�e part of 8ie Ciq� or the Operator, sl�all be deemed to be both covenants aiid couditions. ]2.GIutegration. This A�reement and the�ahibits and refcrences incoiporated into tlus Agreemeut fidly express all understandings of the Parfies concernin�the matters covered ii� tliis Agreemeni. No change, alteration, or�uodificltioii of the teims or conditions of this Agreement, �nd no��erbal understanding of the Parties, iheir officers, agents, or employees shall be valid unless made in the form of a���ritten ch�nge agreed to in �vriting�y both Parlies or an amendmen� to this Agreement agieed to b�� both Parties.AII prior negotiations and agreements ace tnerged icrto this Agreemenl. 12.7 Sevei•aUilih'• If auy portion of this Agreemeni shall be held b��a court of competent jurisdiction to be invalid, ��oid_or otlier�vise unenforceable, the remaining provisions shall remain enforceaUle to the fiillest extent pennitted by law if enforce�iient would not fiustrate ihe overall inteut of the parties(as such intent is manifested by all provisions of the Agreement, including such invalid, void or other���ise unenforceable portion). 12.8 Draftiug Ambiguities. The P�rties a�ree that they are a���are th�t they have the right lo Ue �dvised by coui�sel �i�ith respect to the negotiations,terms aud conditions of this Agreement, and the decision of whether or not lo seek advice of cow�sel ���ith respect to diis Agrcemenl is �decision���hich is the sole responsiUiliq�of each Party. This Agreement shall nbt be construed in ravor of or ag�inst eitl�er Parfy by reason of the extent to���hich e�ch Party pailicipated in Hie drafling of the Agreement. 14 12.9Conflicts Benreen Terms. Ifan apparent conflict or inconsistency exists betweeu tUe main body oi fliis Agreement and the Eaiiibits, tiie�uain bod}�of this Agr•eement sh�ll control. If a conflict exists bet�i�een an applicable federal; siate; or local la«t rule; resulation, order; or code and this Agreement, the la�v; rule; regulation, order, or code shall control.Varying degrees of stringency among Uiz mein body of tUis Agreement, the E�;hibits; and laws, rules. regulations, orders; or codes �re not deemed conflicts, and tlie most strineent requirement s4�all control. Each Partp shall notify ihe other umnediately . upon the identification of any apparent conflici or inconsistency concerning this Agreement. 12.10 Prompt Perfm•mance. Time is of the essence oi each covenant and condition set foith in this Agreemeut. 12.11 Good Paith Performa��cc. The pai'ties shall cooperate�vith each otl�er in good faid�, an<I assist each other in the periormance of the provisions of this Agreement: 12.12 Fm•tl�erAssurances. Cit}� aud Ope�atoi'each agree to eaecute and deliver sucli additional documents as map be requiied to effechiate the purposes of this Agreemeat. 12.13 �xhibits. �ach of the follo�i�ing Exhibits is attacl�ed hereto and incoiporated herein by tlus reference: Exhibit A—LCDC Land and Improvements Exhibit B—LCDC Permits and Contracts � Exhibit C - LCDC Pauua Liventory Eshibit D—Ciri�"In-Kind" Services 12.14 Conflict of Intei•est. a. I�TO member, official or employee of City or Opeiator shall liave 1i�p personal interest; direct or indirect, u�tliis Agreement, nor sliall any such member, official or emplo}�ee participate in an}�decision relating to tl�e Agreenient wluch affects his or l�er personal 'uiterests, those of his/her inmiediate family, or the interests of any corporation; parmeiship or association in�ehich he or slie is, direcd}�or indirectly, interested. b. Operator warrants that it has not paid or given, aud will not pay or give, am�third person an}�money oi otl�er consideration for obtaining this Agreement. 12.15 Non-IiTbilih� of Cin-Officials and �mplo}�ees. I�'o member, official or employee of City shall Ue personally liable to Operator or Tn��successor in interest in the e��ent of any default or Ureach by City or for any Agree�uent n�hiclt may become due to Operator or successor or on any obligation under the teiins o;this Agreement. is 12.16 Compliance�sith La�r. Cily and Operator agrees to comply ��'ilh all the requiremenis no�i�in force; or���hicl�ina}�liereafter be in force, of all municipal, county, state and federal autliorities, pertaining to tl�e o���nership and operation of tl�e LCDC all improvements consu•ucted thereon and all operations conducted Qiereon. 12.17 Jurisdiction aud Vem�c. The venue for auy suit or proceeding concerning this Agieement, the inteipretation or application of an}�of its terms, or any related disputes shall be in ihe County of San Diego, State of California. 12.]S I17imicipal Po���ei•s. Nothing contained ii� thisAgreement sliall be consulied as a limitation upon the po�j�ers of the City as a chartered city of the State of California. 12.19 Attm•neys'Tees. Sl�ould any litigation (ii�cluding�ny proceedings in a b�nl;ruptcy) or arUitration be commenced behveen the parties hereto or their representatives concerning anp provision of this Agreement or tlie rights and duties of auy person or entity l�erew�der, tlie party or parlies prevailiug in sucli ]itigation or arbihetion shall Uc entiUed, in addition to such other relief as may be grai�ted, to tl�e attorneys' fees and court or arbitration costs incurred bp re�son of such litigation or�rbitration, including �ltorneys' fees a�id experts' fees incurred in prepar�tion for or im�estigation of any matter iel�tuig to sucl� litigation or arUitration: 1220 Adminisirative Claims Requirements �nd Pi•ocedures. No suit or arliitration s1�a11 be Urought arising ont of this agreement, against the City unless a claim has first been presented in writing and filed �3�itU the City �nd acted upon by the City in accordance �vith tl�e procedures set forth i» Chapter 13d of the Cluila Vist�Municipal Code, as sune ma}�from time to time be ameuded, the provisions of�vl�ich are incorporated by this refe�ence as if fully set fortli l�erein, and such policies and procedmes used by the City in the implementatio�i of same. Upon request by Ci(y, Operator shall meet and confer in good faith���iN� City for the purpose of iesolving auy dispute over ihe terms of this Agreement. 12.21 I\o Tliird 1'arh�I3eneficiaries. Tl�e parties to this Agreement acl:nowledge and agree that the provisions of this Agreement are for the sole benefit of Citl' aud Operator aud not for tl�e Uenefit, directly oi i��directly, of any otl�er person or entity, except as other���ise expressly provided l�erein. 12.22 Snccessm•s in Interest. This Agreement 1nd all rigllls and obligations created b}'this Agreement shall be in force and ell�ect ���hether o::.c; a,.�Parlies to the Agreement have been succeeded by another enlity, aud all rights and obligations created by this Agreement shall Uc ��ested and binding on any Par(y's successor in iqterest. 12.23 1Va Partnership. Nothin� contained in diis Agreement shall be deemed oi constrlied to create a partnership,joint��ei�ture or atty otlier similar relationship bet���een the parties hereto or cause City to be responsible in �iry��,�y }or the debts oi'oUli�ations of Operator or an}� otlier person. 1G 12.24 Appro��al. Except as othei�vise expresslp provide in this Agrcemen[; ���here the consent or approval of a Party is required a necessary under tlus Agreement, the consent or approval shall not be tmreaso�iably witl�lield. 12.25 Assignments. a. Ciri�Approval Required. Tl1e qualifications and identih�of the Operator are of paf'ticular coiicern to City. Operator recognizes that it is becausc of sucl� qualificafions and idcntit}� that Cit�� is eiitering into this Agreement���ith Operator. Therefore; no voluntary or im�olunlary successor in interest of Operator sha11 acquire any rights or powers under this Agreement except ��•ith the prior �3�ritten approval of City in its sole discretion. .4n}�pw'ported assigmnent in violation of this Section shall be void. b. Permitted Transfers. t�'ohvithstanding an;�tliing in tl�is Agreement to the conirary, Operator map, tvithout the prior written appro��al of Citv, assign or other���ise transfer its interest in this Agreement and its rights and powers w�der this Agreement(a "Permitted Trausfer'') to any holding coiupauy,.corpoi'ation, association or eiitit}� �vhich is or becomes ?parent, subsidiary or affiliate of Operator provided that Operator retains substantial management �nd control thereof, or to any successor of Operator by reason of cliange of name, merger; consolidation, reorganization, dissolution, lender acquisition or sale of Operator iiuei'ests or assets,provided that. the transferee assumes the rights and po���ers of Operator uuder this Agreement. 12.26 Conditioii Prececlent It is understood that Ts a condition precedent to any action to approve this Agreement, Cit}�must consider and adopt the appropriate resolution. Said resolution must contain tl�e findiugs required by la�v. City aerees to use due diligence in processing the matter to hearing before the City Council. 12.27 No�Vai��er. \o faihn�e of eitlier Paity to insist upon the strict perfonnance b}� the other of aup covenant, terro or condition of ihis Agreemevt,nor nny failure to exe!cise any right or remed��consequent upon a breach of any co��enant, term, or conditiou of this Agreement, si�all constihrte � wai��er of an}�such breach of sucli covenaut, term or condition.t�'o waiver of any b�each shall affect or llter this Agreement, and each and ever}� covenant; condition, and teim hereof shall continue in fall force and effect ro any existing or subsequent Ureacli. 12.28 Siguing Authm�ih�. Each pnrty represents tlia? tl:e perse::s eaecuting this Agreement on belialf thereof have fidl audioritp to do so and to bind such parties to perfa��u pursunnt to the terms and conditious of this Agreement. Concurreutlp�vith Operator's submission of this Agreement to the City ior execution, Operator will submit to City a copti�of documents e��idencing tl�e due formation and nanne of Operator aod the signatory�'s authority to si�n on behalf of Operator. 17 12.29 Coiiuterparts. This Aereement may be signed in multiple counterpai•ts���itl� tlie same force and effect as if all original signatures appeared on one copV; and in tlie event this Agree;nent is signed 'u� counterparts, e�ch couuterplrt shall be deemecl an original and all of tl�e counterparts sl�all be deemed to Uc one Agreement. [n`C3�T PAG�IS SIGNATUI2� PAGEJ is SIGNATUR� PAGL TO AA4CID�D ANll R�STAT�D OP�RATING AGR�GRZ�NT [Livivg Coast Discovei�s• Centci•, Chula �'ista] IN V!'I7'NLSS �i'HGR�OF, the parties l�ave executed this Agreement as oi tl�e date first set forth abo�-e. CITT: THE CI1'Y OP CHiJLA VISTA B;�: Cliergl Cox; D4a��or Attest APPROVED AS TO FORi�9: Donna i�'orris, City Clerk Glett R Gooeins Cit��Attor�iey OPCRATOR: LNTI�'G COASTDISCOVERY"CENT�R � B}C %i (� ur C�GC�f. +;�+n� �i:(Le.2 Susaii Fuller, Chair J�a�i J�/ /,�� ,�%>_'% G�, -Ji. B>�: , � ��� �;II� ,�, Ben V�llejos; Executive Director 19 �zhiUit "A„ LCDC Land and Imnro��ements [to be inserted] I I l- � i I za � ,. ' £XFf:3IT '��\" � ji � I•t ' ' . . � � . F.ccsa�r,cRCwca�ca ei�� 1633 QQ�?,67505 ? � ! • � Nf6CY(lOFBtii AcF!!:Y OF 1'llE ClTY Of tH'v!RY25iA �(—,�nr&����(�u j . 4hen flen:ded, Plcee� 11n11 IrrSe�i�i;yKa�iC4�rli''•� � ' ifi1D IM1[tYC:eil. Tcl Bnl Jl49U A) 6 0$ r . 1 AfOEY(lOF4,.'(/,g[p•Y Oi TIIE CIfY Of CIIU!A'145YA ' ci�Y or cr,v;a vioc. �„�r,r�i cn � � I I . r.o, oox mo7 L art�a�:�_"J r � chu1� Ylate, cA 9zota �•(, � , IIO 511AN9IGP ^A7C oUe I I ),nneseor�f PeroeS 1Io,e _ � � j i MMMMMM � paco a ov� o no o[ ocDr oY e u.o cn.y ' �� � � � e2?6N611T FOA KA7U1L-^ !!t^P.nPAEP)Ve C!tITEk X7o r��fie � � � � A LICZNOC POII ACCC34 d11U UPIfTTY GfHP :+UItPD�ES ' i Yan A VntVAO6E CoN57nLMmlo��, eoeolpt of vhleh ln ho:eby � nckuoVleMe�1� dANPA PE LAIID THCpOVZNEHT rot:>rorv� p �:poreCfCR ' orpnnlxed under tho 7avy o[ tRU 6tafc oL Cnl1(orNa hrroby qran:a ��., � [o tha 6[DEVELOP/IiA: dGCHCY OP ;YI¢ CITY 07 CF:UGd �'[eTA zn auac- rt;ut, to tc vOOJ for che purpoao ePeo1FloA Lo�aln and no othor, �Ti i uron� ovor r.nd ecroeo thc ree] proper[y lacatoa In tho clty ot ; � I Chu1a Virta� Coun:y oE Son nlvqo� ekecc�0f CtllEarnle� noro (n:- ,. Ucular:y dcac�ibon !n cxNb!t n �ttanheA heroFo and In�Halad and � °� Uy thla n(oYenCO In�orpornted Imr�ln, i fh11 ��ar.nonr 1s granteA 9otoly (oe fti0 NnotCUCG�Otl� OpoTA- ' � . I llon� r.alntonnnco, repalr� ronawel and rop)acanent fron tlao En 1 ;1ne o! elleluno IntoYpxatSva Cantor opon to tho publlo avntaln!n9 f � � pproxlnelely ten thcueend (f0�OD0) e�unro �mt. u�,dee raoi� !n � I ' adJiUcn !o en_oclo[oA nnA anall:ary parAlnq CnolLc(oo� )nnJacep- ln9� �Rhln Bi�rt eeca ahovc Jeaarlbed ln P.xhJblt h. 7n r.EdL[SOn� Chls oeler.rne !c �ro�toA for a71 •Phaac i end FNaaa 7 on +nA oFf-n!ic� pradln9 vork CoY eald Netueo Jntokheahlvo CanCeYi ' JneNulln9� Lu: not 11nIte0 'o, otf-olte d�alnaq: xqd utlJf:y i LaelIftlou requlred co sorve tho oub}eat eenCee project shovn on �� P,xAlb(a 'A` nccnched hereto end Inoorpornt<tl herc!n 5y eo[nrenoo • dn7 «Ora p�rGlcuAarly [IeenClped cn City oC ChUla Vlate Plep� ilao. _ 06-:9 thmuqL nnA 1nvlu�ilnp 06-64 r0�•laad f�p�f1 2G� �956. In �cWftlon to t�o abo�c-roforancad cr.�ananC� ccnntoe Iwreby � i � qndnta 10 Orantca n llc¢nao nvez nnd aoroea the innd �erclnotter devcrlbcd (o: vchleelnc cnd po�loateloq Iq�rao� anB EQC080 ta an� i CCOw LRC IL[bCO IOCCYNPO![�'a LUO:OC tlCOA. GtGq60Y A1C0 q'CIIUa O 1 ]ICan!c to OPCntca [OC t�0 �turpoco nf 1noGE111nU � Ye:oC IIOV to � 1 eetvc t}.� M.nture InterPYetiv< Gen;nr eito� tLe nahuro and typo o[ vhLeh to be dlELYIT11Ld 6y Grantea. Ocanto: ch�ll h:vo thu righ� to relo,l�0 ea�d occano end ✓a:er ]lr,e 1, fhe eYO:lt theF eafA i 1 I . . . ' � -.2F�.61_8. � � �.. , . . . � � ; ; 1 .: , �.� � : � . ._ ;, , , , �� � � � . , .. _. ; � . � . ; , , � . � ; � . I ; � . � , ' � 1&3d . � i acceno nna vacer Ilno obatturta or lncor[oron vlth tho doVeleprannt j � of e9jecnnt nnd/or underlyinp peoperty ovnad by thn nrantor pro- I vlde� tlmt :ewnnehle nite;nacive acoocs nnd vaCex llno roAocatlon i are t�oranlior nllovad to end (or tho S�a[ueo YOeorpeaC(ve Ccnt`z1e mhe co¢C o1 c.ovtn9 tha vncar ilno or othar uEtlltlac eeYVln7 � i � bo lwer,o uall hy !Ae oTnntoc NaC�lrO Tnta�pYO[lvc Centar e�nA1 HJ Y nnd ornneen cranCOr �urt6er 9ronto to (.r�ntro a }loenao �o , � •lfcen�l uUl•I[y llnee chat orantun m,y roquSre ror Uw Natuso � I JntorprcCln� f.an[ar vlto, Tho InlHal locnelann of tho nboJo-ra(eeenend Ilceneoe (or � pnedveY nnd vtlttty Jlnca fo an dootgnacod nn C�hlblt E aktno�nd � i i+oroea nnd (ncnrpoeaca�� lleroln by roCaYanoo. Crnntu� �y nccepting ihia cnnenenc and 1leunne, aprcan �o i � I tiio Co.ilo*lnp� ' � �) prm[ee n9:eeo m fn�amni[y, doPanL ana hold hur(nlene I ar����ar (�a,r, a71 11a61Llty arlatng (ro+n aetlono ot orantec or Ica I nyenea ond wntrecrore, enJ ptreone nnin9� vlsLtfnq nna Jn ernnaSe to er EroY. �enntao'e Pnd lltlos ovor the propercy deecrl6eA Vn � F,xh�blce d end D� i 2) orantco ehnit, ➢rior to Uo�lnnJng nny yraJing or( othor �/� ' worY. on oY [ula[c0 to ronstruotlon n. tUO lidt�ra YnraYdln7 `an . g � Centcr proJaoe� lnateli oan0 Daga nt [ho 11�tcV oF 9 opoNn vn CS[y o! ChWa Vieea pcald�llnite 5tmvinry ��on�eetnbUohoC ' ,� � OG-64 ra(oxeacoJ horclnaW�ci I ( and oloarly neekod on rha qraund �Y n Ropintorod Clvtl P+n9lnooY � � authorized ro pmatlae lnid nurvnyin9 or n llconeod l+na uucvuyoe � ajeOphPldOr�tO de�Innin7�conoteuotion af bhonNnCUCOa7ntaYPTOW vo � Contec pra�evt� lnetalJ a Lonoe neoiind Fho peefinetor of Toecol A� �y ae deucelhed Sn E�hlblt A� oP n type enaeqnably Jeaf9ned to � �reVene uGauthorl.^.e0 yoeeo�o (rom Uo1ng onlo or laa�ln9 tuo o(bo I � i �dVkI09 C0110CYYOt1011i GYOpL00 hRYCb,Y kATL�Ok� CO nYnrykO[ 2�idt 1L i _ nnell not PeYn�e or autfor 1ny Jal>Y�e or danolldon nnterlale or othuz xnote cP any kfnd to � P5600d� LutdoJ� cYarod or dhondoned i rdchln nnY arne subJnct co thlx oaaomant dn Cnv�r ot.U[anton� or i pub�va[ to rontrol �[ uee by crnnL•ao fae P��epaoan o[ 9Cndln9 oT � I ' conntractloa, yq Cn�fll OY Oth�Y � �) CYar,toc nhnit� pzlor to ba0fpnin9 n�lY 7 9 �-/ I vnrk on ar rolncad to conetruedon o1 tha Netueo intoepror��e „ ConY.Ot pY04cCC� oUbhlt to aroneor CnY Ita snvlm� ���Y nna O11 1� COptYpOLU Iox 9�ndlnp oc oeho• cunabruotlon uork 0� ^r rela[oJ co � � [ha NneufO (ntoepeativo Cen�er pro}noe, OCnn�ov's rovfo� oha11 bo � i ealoly Cor cha purpooa oe eaeurin9 Jcoelt [AeE �ob opoal(iontlanrt and Co�tTUOt dDO�r+un[u edoquetnly pYOCOCh Or,ntaY nn� C�'eueor'G yroporty 'Et'o,+ tlnnn0o ar n�vuve, � ' � I ... . - .. . ' .. . �Z- .• . I <.•,;.:�/� C la� . ., ... . � � I '�Y�7 • . . .�:�:." �`- I . . • ' � � f ' I � ; i , i I .. � . ' ti . , . ...... , . i 1635 � � Ornti.br shall hnve G6e right oE roeBOneUlc.eCCP.BO to nnd avcr y���� I any af Chaoo oYenct hvrdepot. by tho caeenailt or oubj0ot ko 2h^ �f,q � llcanco� eor In9ceee and eqcauo co and '_rcm !Mc rcal nropotty ot ��� � GYLIICl1Cr I � ' crant�r h::e6y [ue�har gr+rw to uw cic�• a= cnula v?oea tno i� i � � prlvUcgo anJ r:ch: to ox[end roeeoneble dre aago eCruoku:a� +rd aronv��[!an nnd m�Lenkmenc elopen Otyond tha 1!,-,{to oE Fhe right- i of-vay dooa:l6ee �u f;Xbl6lt e v�eee teyuirod [op .ha cvnaeeuctlan : and r.zln[anr.n[! O: eGld dCCaGe Yoed� AZSBA'1111Q Un�o GY��tOC o! ' � i bho aboVO•dpocrl6ed p:•rao! of lenJ� Itn ouceGavo:e or neniqm� i.`.c ( � rlqht co vilr,lna�a euch elapers and/nr �trnlnnvo uhruoturee or �W:- � tLona ehnYCOP� when !n ihn wd[teu ehtnlon ot the Clty En9Anca. o! i G:enrea cna cacpoalky choCefnr fa rec.oved !�y eubaG!tucln7 ethcr '(� pro[eee�uni e�pnov[ nnd/er drnlnega fnalllry prov:�led ouc4 eub- ! � . oC![uClo� 1s :1roC opprovad �n vr:cp�g Uy onld Clcy enclnaor� I arancor horehy (urthe: gran:s to'Orm�ec: n11 :rooa� grJvehc � ' � ( YoB!n9 ob thnt p:y hriraaCtur Orov�� dnd catd bVlldln9 i:�aee:ln!s r ' thohrSqhtGCO�taY.i�wetor� c�c:h�°�i�i�'rno i�ian nto uoo ICAOVO2ee I Sn �euc6 nrnnaY and nt each leentlpna an nt�[J Greiltoa mry de0� � , pzopei•� nae�CUl or maceanry In [hp r.anotYUatLOPi recattnccuptlon� i � j 1r..praver..ent o- nalntonnnco o[ eald ornnteo'e Sepro�toenta. • ' � [n nddtilon, crantor zntialvacas a3]oulnq n 1lconse to i I continvc Co= 1'otidHay� dr:lna9e� nnd Utlifty ]lna B��rpon¢a unUl S ; Sr�'' such b�tto ne a p�rmanont raed In bullc [o eecve [I�u Iletcrc ,a.� � ����• I ?neceprotivo COP=cz area� v�Jch rosd oT.'��h� dq��I�caEed ee � � I flornanant p�bllo� �city stree: an� whlcti ohoi t°f3�tnln thoo / ' ullllctea ra5ul�iCO Cor eoev(c� ol �he l7aeueo intorpYCtive Ccncar EnolSl[y. ("Z � mhla arent o[ &n�enent ehell osiae un�ll, auoh tlno aa thero I la e.n �gronaen[ or.teY<d fn[a eeeeeon crentqr nnd aren:oo end ttle Chula Vtoen Rado�o7apqonc Agancy md cSry of e�ule vlstn ratetin7 � eo tho Bay Proae Projeot� and throV9h vhLeh :t le anClolpated [ho �'y' � arca ohovu In ea�hlh'.e A uSll b� mnveypd to r,van:eo in [ee, [n ,,,,` � n]ditfan� Or:�n�or ��ticlp�taa nlloxln0 n licenae to mnL•LP=o !or K ( � YarJVny rnd utlllCy l:no Furpxen ur.E!1 euch tlr.c n0 d P�xnan;nC � . . I � I � � � � � _� I -�� � � /�n � Ga' � � � � .; � ' ' • , _ V' I,I� �y I _ ' I I I � . i . ' � i , . !I w., � , " . I i , 1830 � road le bul]t to ee;ve �tha Na[ufo In[oepratlYa Coneer oroa� nt ' � vhloh t(na aodd raod NLL1 �c ded(ce[ad aa a Hnemnnon[ publlo� city �� i eteoot� Dntad thiu 2 1� �ddy of �}��"� �9a6� 1 BABSA ➢B LAI�D !NPIIOVP,IIY,NT CU)IPhNY� � � n CGJ�LOCIISA COYfWYPblqp ��[To��� . f"" I Tho t0cmu nC t�1e naeomane p0 efoenoo A9rva�aonc aca nccepteA � � I by the CICy oE Chu1n Ylote � I I1P.DP.Vf:LOVlIMIIT AGeNCY OY 4iiR I � CtTY OP NULh V T� 4t;OPf �. / ' / '1 f OY�t'lix�� trt. ° ��-CC¢I�«j=G �/ � � I (ncY.navlcdaer••unt) I� � ' � � � I SThT6 �Y CAL[YORNfj, : ) �a � � COUNTY �P�f�'�rJ�) � Op �l�J! _2L i 19l�4 i )1!/OYC.qCi ' � i eha �int�oco 7uZ�c��Net�ey Pub110.1f. and � Eor xald 9enta� Peroonally apycereA � I ,_,�Yr.�.�r c. r�ZCS�_ - � � Purya`n 11T noun o rta or prove to r�e � I ' eo M tho poeeanf, Vhose neme �!pr I eubsoel�ad to tila�vJthl� Ina[iunenFen� � . �oAnouled9e+1 thaC�� exaauEcd the � so7e. WT:lIE54 ny hond .�M o!<<alal ,feat, � ( - Sidnntuxo ��j° C55.�rYt� � iln:nc ^�T i.:�6.yy �f �•rypo o. Pr rt2o �,.�,.,�,.,d;M.���,,, � r� � a,�ivnus �, . }j i� iu�:�'�iM;i:�,a°oy:t • $ " ri�m.r.s,:v.++�riv.ih� �� I }WOroNliao-HN1i1111111If , . � v I � � � r� � Y✓ t iPIJ C G'Ji G�{ + ! . � �Y � j ' r� I ' • - •z�7 I � I. 1 ' , � � . � � � J. i , � � : � i � , ; � . , 1 � � yl/ ' • EXHIBiT "A' I � . . iG39 � CJSliII�VTCS'A YY;YSP➢rtM HA'PJN C2TTZ➢ pefi�g � por:icn o? Ounraer r�ctlom 17J end )BDOI che AmioLO De � 7.e Nmion� !n thv Licy of :h�1e VSr:d� 4ouncy of 6an qtega, 5tece o; Ccl��o:nSa ns .hovn on Fcrortl o! Gurvay 110, 9G79 on f77e Sn i � cTe o�tSco ot che Aeeord.r o! vn1A Conncy� roid yorcimi bulnq � roere perUoW nily Seeerlb=d ee follo�e� 7}nCT]. 'A� � DeglnNr.g ac eha SoviTeanerly carmr o: cnid O�uter Sectlon 17J ; � e. epo++n"on rm0 Recdrdbt 9urv�y pa, 9039� cher.te • � .7. snuch 77'I)'t9" 7:ee� �70•c0 Seec [n a pofnc on c}�a Ee6vo�)y DoVntl+i)� of rnf0 Rerord o( se(wy tl�� SP39� � 7. cUenee c4ntlifuinq 6ou�h ��'17']7" 6'en 576.51 fecp co � chr b�glnnln9 0! 8. ippgept 30,D0 (OY• 'Yndf11� c�i'vo � ocnwva 1+archvAy� .�. cAenrn Hcaterly alon9 ae70 curvo chrou9h a ecnlrol � I r.nqlc o: 9] 47'01' r.n e« Ata:enoe a: fc.50 f<n�� � 4, cTenro tnnqvnc co aaid curve noreT 74'S9'i:' )lnna : (f/ � 651.90 :ee: to thr baglNlln9 of a te5;vn[ 50•DO too[ ,�lt redlue evrve �o�cave 5ou�h�rly� � 5. eh���e {lontnrly elon9 �efo curva eh:ough �� cenerel � on92e o: 9]'Y7'!7` an nre dfetonce o: OI�dO leet� � L. :hence tnng�nl id •efO eVYVe fio�iA 71'30'16" ❑oac � 1609.41 lcec co the be9lnn.ng nf.n �ang:ne 300�00 toov � . ir.dlue aur�'o con�eve koYQrveeterlyl � � 9, enence SoJth�+eet�r!y a:ong �eld nrrve tb:ough o ccn�rnl � zngla u[ 17:30'07' zn.erc dfetence of E5.C'J fect: � D. �hanoo Cangcpl to �n�M1 cVI'VO 6ouch �0'hn'7]" Hnzc ;6J.76 feec 2o cha Dcqtnr.lr.g of n cnagcnt 40.00 fooc � iedipc r.vrvn Coq:evp gnrtAU:y� , ('} 9, thonce Neceerly atong �ofd co:vo th:eugh n ocncrel S cn9Ja ol 51'3B'S1' an arc JS<mnee o1 72.0G Seoc� �•• 70. c`.nce tengant m aaid ctlrve 7lortfl 79']t'A3^ Ncas 49.1G � ' feos to tho Aeg(nnlnp of n cen9rtnt 310�40 foo� roCJCa cu:ve ren�ovc Aort�ten:srly� „{ � 77, 2penee Ga:ch•:e�Ie�ly aJOn9 vnld cvrve ttrouqh n ecD:irtl . cnglc ot 12'S0'S6" en n>c DSetaoer. o! IYO.Jb :cnc tc Ule ^RU9, POSlI^ OF oeeil+h�xo o' eY.e Attt!n JeaCnbon I � rarual n"; thmco lnevJn9.e:ld quYVe alol9 n n>n<nnycnr. 73nr ort ljp�,'L'Sg' � � ue�c 3?•OS !en[r cner.:e Hortp,_40,',J6,'26�nnc �9(,7]_feyJ sn�nre iivrch..9U'�6'Sa"...Heac 4A:�8_fc:ti thonce IleYCh�50'S����nc� I 1 ,F'.t.ti� ftoci chonco }�q�tA 11'37'OG"�iec_1SY�P��pp.p! [heneo � l:P:�lp 72'4.1'>1" Lc,cc_75,)<,J.U.V thvncu �T 56f,Q,LSR' 2nea . � � I 003.06 fce�: cAence fi�uit�7y'SE,O,:l:eea JA1. 42Co.ec.10 a pnin� ' � on �Te ,nre a1 0 nan[en9int 800.00 fnoc rnJlui curvo eonccve � I NvYC1:4•enCO�ly. e r�dleJ lfne [o 'selA po1i�= boeY� SOUCnJ1',SS:i�" I � So�e� enenca sev�h�osc.r)y clonq seSd cur�o cl�rougl�a cenaro 1 . an�1e o( 11,'J77!" nn aYC dtetcOCC o! JOlAS leoq nheuCe eJonS e � � � nancanganL �lino Souch 47'S7:17�_.Heet �]97�90 :mu thrnoo tlerth � , . .�p'�j1:,�0" Hes[. £/.A8 :te1 t0 �he TOVE P071:1' o)' �lLINKiN0. � I Pepe 1 of d � [onveiniuy 3•7Jfi. acYes � •.�/9GGd� . CJ, � ; � � � � � i . •� ' i ! H . 1 � . . � � '_" ... � . � � � � �J I . , �� , i ' � I I � ' EkH1Bli "1" , • f638 j I I PA� 'B' � A 30.00 fnnt F.a60mont foringr.n, �grNt, yub71F inprnvonrpGS ( And pUbllc ucilitSoe ��+:r n pprtlnn n( Ouertor fier[lnno 174, A7�, and 1D0 of lhe eM+vf JosCrlbeA Ilonchn � cald aaeumnit lylnq IS�oU � � 7o�t nn eitha�' sid� mcasvreJ e� rlqhc anglar l� �1�v fnlln�>m� I Jou:]bad am¢er}tno� � 9eqlnntntl et thn bnqinqing.nf cnurtrrt nm 3 Sn parvol "n' nbnvv I lhrnce v�lreoLn7 epoCCOt1 thrnupp 11 In VnPCrI "d° tn xhr '�HUe rorur OT IlKG3ttN7N0 of vnrrvJ T" aD�vP brinl �hr tarnlnuv n[ thn here±n JeccrSbed eanier!lue� Lhe r]de]lnon n( eolA 30.00 �lnnc I en.cn�r,c tn Ue 1on9�llonhd nr ihnYtened cn nn tn terrninnco In Uw • s.ncton•Jy bnundbry nf Nwnrd n/ Survvy i7m 90>7 .�[ tha p�Jnl nf I � bo�lnn:n9 ana in the tx�undiry M Parrel "A` abnve et shd �iul n! ) tarminoa. " � , � �. I � I � 1 ' � I . ' . � � _ i i I ,Iy _ � I ' I� � , I � � 1 ' Yn9e 2 nf d �"O I • � � . �+++���qqq i � i �2/7 l 6 d'' � . . i � - . I '�. � + • � �__ .� • 7'' i + , � i I i � --- ► � , � . � , � .., , : . , - ,�. � , • ezmoiT .,p� . . 1639 � i PN.CtE. 'C' ._ I ? 70.00 fooe L'ecepon� tnr ingr<��� ryYess, pub]!c Smprnyu�rn:c � ' i nnd puhlic u:e7 fsiee nYer ,-nt:lnnv nf our.reer srceinn• 273 cnd � 1%J�of Il�,ncTn De l.n Hxclnn ln lTS cicy n! G2ule YSscdi Cnvnty nt , 6cn 65uq��� 6:nte nf Cal1[arnla oe ehnun nn Ilecnr� o: burv�y Nm ; � � - 9o.i7�.n f11s Sn tho oF7fee nf thc Haenrdor M �alA L'nun[y, scid i oocoGnul being 90�OD f�<t !n rldlh� 15.00 foo! nn olthor atAC �� nosa�rnd nc rS9hc ong!ev ta thc fNln•+Sng tlbcr!bed centcrllu:� ttt���fff Be7fr,n?ng ae the 9nuthet�t cnrner n! Overtnr ae:,!nn 7'JJ rte eTnpn � � ' � on�oeld RocnrE nf'9urvny )In. 9039( tLence BnutT ��'13�9?" 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' '' y' r � � '_ �'' ' I � y Z � lY�/ti .� .75 _,,,�- 1�' "�� o � ���.,r>,�)/ , � � I `J.�'� � � d° �: •r. . �`" r � .� •'���: "�,ii. , �' • '`� � . � � r I . � � '�,'. �r r.:�c� i�' . �' . ;i�.• =:s='' l� r �? t O y . , - �� . o� � . �; , i.. ti'/�G��' ' � �. > � . . , . .. i ' � I i . .�; i � , �'� � ; ; , . . - .. � , __ .. ; � � , � � � �xhibit- "B" LCAC Permits nnd Cm�tr�cts State of Califm•nia Coastal Conseivancy Grants/Fuuding Agreements: Grant Agreement# 84-67 GrautAgreement# 84-53 Grant Agreement# 87-035 Grant Agree�nent#95-012 Graut Agreement#OS-073 United States Fisli aud\'Vildlife Seil�ice Easements Grants/Fund'uig Agreements Agreement# 801817M292 Agreement# 816SO6J219 Agree�iient# 816S07G1060 Agreement# 816S07G 1094 Agreement# 516809J031. San Diego Unified Port Dish•ict Grauts/Funding Agreeme�ils Agreement—Document 53847 Agreeme�it—Dociunent 53589 State of California—Department of Parlcs aud Recreation Grauts/Funding Agreements Project# GF-37-01S; Contract# 50-13-016 Project#\d'C-37-001; Contract# C2009415 Project#UC-37-003; Contract#C2071022 Project# GF-37-084; Contract.# C502S015 21 i Exhibit-"C" LCDC Fauna Inventot�� [to be inserted] 22 LIVING COAST DISCOVERY CENTER EXHIBITC ANIMAL INVENTORY 2014 _;;y�.:'�,�:AQUATIC'ANIIVIALS�S: �;,:'' - ,:� SHARK�AND,RAY EXHI8IT QTY Main Pool leopard Shark 10 Smooihound Shark z Horn Shark Z 2 Guitarfish 3 Halibu[ 1 W hite Sturgeon 1 Garibaldi � 1 Rockfish 1 Black Surf Perch 18 Touch Pool Diantond Ray Z 6at Ray � Round Ray 14 Guitar Fish 3 Horn Shark 1 Sardine/Mackerel School lot GALLERIA AQUARIUM Fish Moray Eel Z Pacific Seahorse 4 Moon Jellies lot Plainfin Midship Man 1 Sarcastic Pringehead 1 ' Leopard Shark 6 Horn Shark 2 Swell_Shark 1 Keipfish , 1 - Kelp Bass 11 Staghorn Sculpin 3 Opaleye z Sargo 5 Spotted Sand Bass 5 Barred Sand Bass 1 Garibaldi � 1 Black Surfperch 9 Shiner5urfperch 21 - Invertebrates Giant Pacifit Octopus 1 Two Spot Octopus . 1 �ecorator Crab 1 Assorted Tidepool Invertebrates lot OFF EXHIBIT HOLDING TANKS Moray Eel 1 Bzt Ray 5 Round Ray - 4 Diamond Ray 1 Swell Shark 4 " Horn Shark 1 LIVING COAST DISCOVERY CENTER RNIR�AL INVENTORY 2014 _.�:_::.-_. -:�f�-z., -�. �--- ..�--:<<-.-; �BIRDS� s,-__ _ -:;,��:,f�;„;n:tir�.i.i>;f,;�.._�::�;K;-..��;�: - '��'--- ----�----- _.._�_��.:_ .. o-..: ,- ,-.-: . . ._. ,-,-: - RAPTOR ROW - Golden Eagle 1 � Bald Eagle 1 Ferrugenous Hawk 1 Bam O�ti4 1 Short Eared Owl 1 Turkey Vulture 1 Great Horned Owl 1 Peregrine Falcon 1 Coopers Haw!c 1 Red Snouldered Hawk z Osprey 1 Red Tail Hawk 1 Red Tail Hawk 1 American Kestrei 1 American Kestrel 1 Westem Screech Owl 2 Hvrrowing Owl 6 ' SHOREBIRD EXHIBIT Great Egret 1 Srowy Egret 1 Black Crowned Night Heron 1 Mallard Duck i Rouan Duck � 1 Oyster Catcher i � � � Red Breas[ed tJerganser 1 Ruddy Duck 2 - N'hi[e Faced Ibis . 1 Cinnamon Teal 1 . Gzdwall z Clapper Rail(PUtnam) 1 Clapper Rail (Amelia) 1 �.,..-_:,:-_,-.... .-;..�._c-�:.-_.,.: ... --- . .. :.:.. .:-:--.�--�.; tREPTILES?/;'.A:MPHIBIANS'/`INV.ERTEBRATES_:'. _: GALIERIA AND ClA55R00M EXHIBITS Calitomia King Snake - 1 - Banded t:ing Snalce 1 plbino Striped Y,ing Snake 1 Rosy Boa 3 Striped Rosy Boa '- Gopher5nake z Coas.al Glossy Snake 1 Deser[Glosry Snake 1 Desert Tor[oise 3 � Green Sea Turtle 4 Spiny Softshell Turtle �1 Alligator Lizard 1 Chorus Frog z Tarantula Z � LIVING COAST DISCOVERY CENTER ANIMAL INVENTORY 2014 - <'-..`:SE-QSONAL�EXHIBIT:AN�ItVIALS*�, ..;_;�,`� :: " ' ..-. ."_"r�-�__.._ .. �_"'. ...:.. .. .�. � . . . _ . . BIfdS Lovebirds � 12 Red Crowned Amamn Parrots Z Rainbow Lorikeet 1 African Grey Parrot 1 Red Crested Turam 1 Reptiles Arboreal Alligator Lizards � Spiny Tailed Iguana 1 Panther Chameleon 1 Mexican Musk Turtles 12 Ornate Horned Toad z ' Tercestrial Invertebrates Halloween Crabs Z Harlequin Bugs lot Aquatic Animals Assorted tropicalfish lot Assorted tropicalinvertebrates lot Assorted Coral lot Assorted Sea Anemone 6 � Discus 5 Cardinal Tetra 14 Corydora Catfish 4 Bushynose plem Z Assorted Cichiids 15 � Blind Cave Tetras 30 Freshwater5nails • 5 Ghost Slirimp Iot 'AIVIMALS ON LOAN AND NOT PART Of PERMANENT COLLECTION LahiUit- `:D" Cit�� "In ICind" Services ?�4aintenance"of Facilities Cin�, througlt its PuUlic Works Department, at its sole cost, shall provide ivau�tenance ser��ices and materials for LCDC facilities, infrasiructure, built-iti e�liibits, and life support equipment in order to keep such items in operatiug condition in a manner canmensurate���ith the�»ovisiou of such services and materials to other City facilities, �j�ith a target of maintaining the LCDC in accordance���illi industry standards for similar facilities or Uetter ("Routine n9aipfenance '). City's obligations hereunder shall exclude the maintenance a��d repair�vork required for(a)temporarp eahiUits, (b)custodial mainteuance aud repair of airy and all exl�ibit eateriors, and exhibit contents; (c) the coded entrance gate;.and (d) any ne��� improve3nents or facilities installed by Operator during the teim except where Operator's installation and Cit}�'s maintenance thereof is approved in �ariting by City 'v� advance in accordaitce �vith Section 5.5 of tl�e Agreement. Iii addition to Routine n4ainten�nce, City`s obligatioiis hereuuder sl�all include d�e obligatioii to repair or replace, as necessa�}�, an}� failed infiastructme oi•life support equipme!�t item necessary for the full and la���fid operation of the LCDC aud the preservation and exhibit of LCDC ��%ildlife ("Key Facility Repair or Replacement "). City comiuits to expending up to ��'0;000 aunually in labor and materials to�vard I�ey Faciliry Repair or Replacement during the term of the agreenrent, �vith any additional City funding subject to City approval in its sole discretion. Operator shall be responsible, subject to City's prior reasonable approval; for aiiy FCey Pacility Repair or Replacement ���ork it decides is necessary above and be}•ond Cih�`s commitment hereunder. With the exception of the Ke}�Facility Repair or Replacement ooligation, the above described services and standards ma}�be subject to modification in the e�rent City budget related issues materially af�Fect the standTrds upon which such services are deli��ered to City's other facilities. Prior to implemeiiting any such modifications in services; includi�ig any initial modification of seraice iequired below the standard of services existing as of the Effective Date; City agrees to provide Operator reasonable notice oF sucli change and to i•easonably consider Operarors input rega�ding saute, �ritli tl�e shared objective.of maintaining tbe liighest possible LCDC physical appearance; condition and functionality. Transit Ser��ices City, tiuough its contact ���ith D-ITS, shall continue to provide bus hausit services to Operator for LCDC operations, in accordance�vith standards existing under the MTS contract as of the Effective Date. City shall be responsible for the cost of Fuel for the slmttle vebicles duriug the terni of the agieement, subject to tlie n4aaimum Payment Amount. Ope�ator shall be responsible for any and all other costs associated«�ith such ser�ice, either ilu�ougli direct payment to the transit provider or reimbursemeni to �he City. I�TOhvithsianding ihe foregoing, Cit}�'s support for transit services I�ereunder shall ierniinate effective as of the termination of 23 its contract ���i�h ATTS, �vhich is expected to occw on or about December 21. 2014. Thereafrer, Operator shall Ue solely respaisible for the provision of transit services al the center. IT Services City, through its IT Deparfinent, at its sole cost, shall provide Operator support services for LCDC telecommunications �nd computing systems(e�cludii�g telephone and data . transmission ser��ices provided by outside vendors or contractors) ai ihe same level provided other City's facilities. The above desclibed services ma}� be su�ject to modification in the e��ent City Uudget related issttes materiall}� affect tlie standards upon ���hich sucli services �re delivered to City's otlier f�cilities. Prior to implementing any modifications in sen�ices, including any iuitial modification of ser��ice required Uelow tl�e standard of services as lhe Effective Date, City agrees to provide Operator re�sonable noticc of such cl��nge and reasonably consider Operators input regarding the same. CPR Trainiii� City shall continue to provide CPR traiuing to LCDC emplo}�ees and volunteers, Uut at the discounted rate of$10 per hainee. za 1-1-ern �3 �G�� fIOh�.L jh{-orwta���n Cih�'s Annual Financial Contribution to LCDC Payment of Debt Service on LCDC Impro��ements �164,000 Pavment of Utilities and Shuttle Bus Fuel �79.228 Cit}� "In-Kind "Sen�ices and Supplies (combined maintenance R IT supporQ �80.000 Citv commits to repair or replacement of failed infrastructure or life support equipment $40.000 Tota1 = $363?28 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 CO IL G en Go City Attorney Dated: AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LIVING COAST DISCOVERY CENTER 2014-09-23 Agenda Packet Page 285 AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] This AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] ("Agreement"), is entered into effective as of October 1, 2014 ("Effective Date"), by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City"), and LIVING COAST DISCOVERY CENTER, a California non-profit corporation ("Operator"). Individually, the City and Operator may be referred to herein as "Party" and collectively as "Parties". This Agreement is made with reference to the following facts: RECITALS A. The Chula Vista Nature Center("CVNC")is a world-class zoological institution and attraction with hands-on exhibits and live animal displays,which emphasize the importance of natural coastal marsh resources and their delicate ecosystem balance. The CVNC is located at 1000 Gunpowder Point Drive, Chula Vista, CA on approximately 3.3 acres of land ("Nature Center Land") on Gunpowder Point within the Sweetwater Marsh National Wildlife Refuge on land owned by the U.S. Fish and Wildlife Service ("USFW S"). B. The CVNC was opened to the public in July of 1987. Initially, the CVNC was operated by the Bayfront Conservancy Trust(`BCT"), a non profit corporation formed for that purpose. Thereafter, the City, Redevelopment Agency and the BCT oversaw significant improvements to the CVNC. The City ultimately assumed direct control of the CVNC, and in 2002 the City created an official Nature Center department to manage CVNC operations. C. The Operator was initially formed as The Environmental Legacy Fund, a California non profit corporation qualified as a tax exempt public charity for purposes of assisting with fundraising for CVNC operations and to organize and support volunteer efforts at the facility. On or about June 16, 1997, the Operator changed its name to the Chula Vista Nature Center Foundation, and then in 2012 changed its name, and the name of the CVNC to the Living Coast Discovery Center(the"LCDC"). D. On April 28, 2009, the City Council authorized City staff to pursue a public-private partnership and operating Agreement with the Operator for the operation and management of the LCDC, along with two conceptual funding plans as a basis for negotiations. 1 2014-09-23 Agenda Packet Page 286 E. After a series of meetings, negotiations and interim agreements, effective February 6, 2010, the Parties agreed on the terms and conditions for the initial grant by City and Redevelopment Agency to Operator of a license to manage and control LCDC operations, pursuant to a formal "Operating Agreement ." F. Since then, the Parties have agreed to modify and/or extend the Operating Agreement as follows: (1) On or about November 23, 2010, the Parties agreed to amend the Operating Agreement in order to extend the term until June 30, 2012; (2) Effective July 1, 2012 the Parties entered into a new Operating Agreement for a period of 1 year, ending June 30, 2013; (3) On June 11, 2013,the Parties entered into that certain First Amendment to extend the Operating Agreement until June 30, 2014; and (4) on or about June 19, 2014 the City Manager agreed to extend the Operating Agreement until September 30, 2014. G. In order to further extend the Operating Agreement, and to update certain provisions thereof, the Parties now desire to enter into this Agreement. NOW,THEREFORE, in consideration of the above Recitals, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree as follows: ARTICLE I. GRANT OF LICENSE 1.1. Grant of License for Nature Center Operations. As of the Effective Date, and subject to the various terms and conditions of this Agreement, City hereby grants to Operator the exclusive license to operate the LCDC (the"LCDC License"). Except as otherwise expressly provided herein and/or to the extent necessary for City to perform and satisfy its obligations under this Agreement, the LCDC License shall include exclusive access to, possession of, and control over the following LCDC assets and programs: a. Land and Improvements. Operator shall have exclusive access to and control over the Nature Center Land and improvements thereon used in the operation of the LCDC (collectively, the "LCDC Land and Improvements"). A description of the LCDC Land and Improvements is attached hereto as Exhibit A. Operator's use and control of the LCDC Land and Improvements shall be subject to any and all (1) City reserved rights expressly provided for in this Agreement; and (2) leases, easements, liens,restrictions and requirements existing with respect thereto as of the Effective Date (collectively, the "LCDC Requirements"). b. Permits and Contracts. Operator shall have City's beneficial rights under any and all permits, agreements, grants, licenses, easements, and/or contracts related to the operation of the LCDC (the"LCDC Permit and Contracts"). To the best of their knowledge, City represents and warrants to Operator that(1) the LCDC Permits and Contracts are assignable, (2) the list of LCDC Permits and Contracts attached hereto as Exhibit B is complete and accurate in all respects, and(3) City has obtained any and all approvals from the applicable governing authorities or contracting parties that are necessary or appropriate to allow Operator's use thereof. 2 2014-09-23 Agenda Packet Page 287 c. Management of Da.. t�yOperations. Except as otherwise specifically provided herein, Operator shall have exclusive authority,responsibility and control over the day to day operations of the LCDC including, without limitation, the following matters: (1) Hours of Operation; (2) Staffing Levels: (3) Hiring, supervision, and termination of employees and volunteers; (4)Marketing; (5)Admissions Rates and Policies; (6) Fundraising; (7) Educational Programs; (8) Custodial Maintenance of the Land and Improvements, and other maintenance not expressly assumed by City as provided in Section 6.2,below; (9) Gift Store Operations; (10)Third-party use of LCDC facilities; (11) Food Service; (12) Concessions; (13)Third-party contracts for supplies or services; (14)Presentation, standards of care and disposition of LCDC Wildlife; (15) Arrangement,Modification and Construction of Exhibits; and(16)modification of LCDC Permits and Contracts. i. Marketing. Any and all marketing and advertising activities for the Living Coast Discovery Center shall contain an addition to the logo, as either a"Logo Descriptor" or"Tagline," with the words "at Chula Vista". d. City Assignment of Use Rights to LCDC Land and Improvements. To the extent necessary or appropriate for the operation of the LCDC by Operator, City hereby assigns to Operator respective rights to (1)use of the LCDC Land and Improvements, (2)the LCDC Permits and Contracts, and (3) the LCDC Wildlife (collectively, the "LCDC Assets"). Notwithstanding the foregoing, City shall retain a residual interest in and/or ownership of, as the case may be, the underlying rights and title to the LCDC Assets (excluding the LCDC fauna) such that upon the expiration or other termination of this Agreement,unless otherwise agreed between the parties, total ownership and control of the LCDC Assets (excluding the LCDC fauna) shall revert to the City. ARTICLE IL TRANSFER OF TITLE OF TANGIBLE ASSETS 2.1 Wildlife (Flora and Fauna). Operator shall have exclusive possession and control over any and all flora and fauna (the ownership of such fauna has been previously transferred to the Operator, pursuant to the February 6, 2010 Operating Agreement) located at the LCDC as of the Effective Date ("LCDC Wildlife"); such possession and control shall include, without limitation, the exclusive right and authority to sell, transfer, trade, loan or otherwise dispose of the LCDC Wildlife in Operator's sole discretion and consistent with practices of the National Association of Zoos and Aquariums as same may be updated from time to time. Notwithstanding the foregoing, prior to any determination that any of the fauna shall be euthanized for reasons other than terminal illness or injury, the Operator shall inform the City in writing of its intention to do so and provide the City with the option to refer the care of fauna to another agency. Funds for such disposition and transfer for care to other agency shall be drawn from the Contingency Fund identified in Article IV, Section 4.3. 3 2014-09-23 Agenda Packet Page 288 2.2 Fixtures, Furnishings,Equipment and Supplies. Operator shall have exclusive possession and control over all fixtures, furnishings, inventory, office and maintenance equipment and supplies ("LCDC FF&E")that were transferred from the City to the Operator pursuant to the February 6, 2010 Operating Agreement between the City and the Nature Center Foundation. In addition, within thirty (30) days after the Effective Date, City shall take all actions necessary to transfer all right, title and interest in and to the following vehicles currently used for LCDC operations: (a) 1995 Gillig, Lic.No. E013416,with approximately 157,000 miles; and (b) 2005 El Dorado E-Z Rider II, Lic. No. 1212768,with approximately 45,000 miles. Such vehicles will be transferred to Operator at no cost in their"as is" condition with no representations or warranties of any kind. ARTICLE III. TERM OF AGREEMENT 3.1 Term. The initial term of this Agreement("Initial Term") shall commence on the Effective Date and shall expire on December 31, 2015 ("Expiration Date"), unless earlier terminated pursuant to ARTICLE X, herein. 3.2 Extension of Term. Operator shall be entitled to an automatic extension of the Initial Term until June 30, 2017 (the "Extended Term")if, prior to the expiration of the Initial Term, Operator demonstrates to the City Manager, acting in his/her sole discretion, that Operator has, since the Effective Date: (a) established and funded a separate operational reserve fund for LCDC operations with a minimum unencumbered balance of$100,000; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues; (c)maintained or augmented LCDC Board membership; (d) over a 12 month period, increased LCDC general attendance by two percent (2%) or greater as compared to the previous 12 month period; and(e) complied with all material terms and conditions of this Agreement. The Initial Term may also be extended by mutual written agreement of the Parties. ARTICLE IV FUNDING AND USE OF REVENUE 4.1 LCDC Revenues. Any and all revenues generated through LCDC operations and/or fundraising ("LCDC Revenue)" during the Term shall be retained by Operator and solely applied to LCDC operational costs and/or development. 4.2 Operator Management and Funding. During the Initial Term or any extension thereof, the Operator shall manage and finance all of the LCDC operations in a manner consistent with and that fully satisfies Operator's obligations under the terms of this Agreement. In the event that LCDC Revenue is insufficient by itself to cover the operation of the LCDC under this Agreement, the Operator shall be responsible for funding any operational deficit out of its own funds. 4.3 Operator's Special Reserve for Disposition of Fauna. Operator shall maintain throughout the Term of this Agreement a special contingency reserve account in the minimum amount of$10,000. This account shall be dedicated exclusively towards 4 2014-09-23 Agenda Packet Page 289 funding any and all activities Operator deems necessary for the transfer, or other appropriate disposition, of the LCDC fauna to the extent such disposition becomes necessary pursuant to the terms of Article X hereof. Operator shall not withdraw funds from the contingency reserve account for any purpose other than that identified above and shall obtain prior written consent from the City to withdraw such funds. An inventory of the LCDC fauna at the LCDC as of the Effective Date is attached hereto as Exhibit "C". Operator agrees to update this Exhibit and provide a copy to City from time to time, as warranted,no less frequently than every 12 months. 4.4 Joint Fundraising Efforts. The Parties agree to exercise their combined best efforts to solicit and secure additional funding to support LCDC operations and development. Fundraising efforts shall be coordinated through Operator's Director of Development pursuant to Operator's approved fundraising plans and policies. ARTICLE V ADDITIONAL OPERATOR COVENANTS 5.1 Use Covenant. During the Initial Term and any mutually agreed upon extension thereof, Operator covenants and agrees for itself, and its successors and assigns, that Operator shall operate the LCDC as a zoological institution and attraction with hands-on exhibits and live animal displays,which emphasize the importance of natural coastal marsh resources and their delicate ecosystem balance. To the extent practical, and to the extent consistent with both the LCDC Requirements and the LCDC Permits and Contracts, Operator shall also operate the LCDC consistent with the standards established by the National Association of Zoos and Aquariums as same may be updated from time to time (collectively, the "Nature Center Use"). Without City's prior written approval, Operator shall not seek entitlements or permits for the operation or redevelopment of the LCDC property for other than the Nature Center Use. Operator shall conduct the Nature Center Use in compliance with any and all applicable federal, state and local laws and regulations and the LCDC Permits and Contracts and consistent with the purpose of the LCDC License. 5.2 Operator's Non Profit Status and Management Ownership Structure. During the Initial Term of this Agreement (and thereafter if extended), unless otherwise approved by the City, the Operator shall continue to operate as a California non profit corporation that is qualified as a tax exempt public charity pursuant to Internal Revenue Code Section 501(c)(3) and California Revenue and Taxation Code Section 23701d. City shall have the right to appoint one (1) Director to Operator's Board whenever the Board is comprise of fifteen (15) Directors or less, and two (2) Directors whenever the Board is comprised of sixteen (16) Directors or more; provided however, City agrees not to exercise its appointment right(s)hereunder in any manner that triggers application of the Ralph M. Brown Act to Operator's Board meetings. 5.3 City Access for Special Events. Operator shall grant City free access to and use of LCDC facilities for up to sixteen (16) separate events (including meetings)per calendar year. City events shall be scheduled in accordance with Operator's normal scheduling procedures so as not to interfere with normal LCDC operations or other scheduled events. Events shall be for a maximum of one day each. Operator shall waive its standard facility 5 2014-09-23 Agenda Packet Page 290 charges for City events covered by this Section, but reserves the right to charge for any special services provided or costs incurred(for example, staff overtime or charges for extended bus service hours). 5.4 Admissions. Operator shall provide City with fifty (50) admission passes per year for use by City in any manner consistent with City policies and law. 5.5 No Modifications Without City Approval. Operator shall not make any modifications to the LCDC Improvements without City's prior written approval, which such approval shall not be unreasonably withheld or delayed. This shall include even minor modifications (e.g., sink faucets) as such modifications can raise issues with ongoing maintenance. Any modifications to the LCDC Improvements exceeding $10,000 in cost (excluding the installation or removal of temporary exhibits) shall require City's prior written approval, which such approval may be granted or denied in City's sole discretion. ARTICLE VI. ADDITIONAL CITY COVENANTS 6.1 Approvals of Other Agencies. City has obtained any and all approvals from the applicable governing authorities or contracting parties that are necessary or appropriate to allow Operator's use of the LCDC Permits and Contracts. a. City's Failure to Obtain Approval of Related Agencies. In the event that after City's good faith efforts to obtain approvals of Related Agencies for the transfer of City obligations with respect to the LCDC, which failure would subject the City to financial or other liability, this contract shall be deemed invalid, and the Parties shall reenter good faith negotiations to establish a method to accomplish the goals of this Agreement. 6.2 City "In-Kind" Services and Supplies. City agrees to provide certain "in-kind" services and supplies to Operator to assist with LCDC operations during the Initial Term either at no cost or at an agreed upon rate of reimbursement. A list of such services and supplies, corresponding reimbursement rate(s), if any, standards of performance, and schedules for delivery, is attached hereto as Exhibit D. Additional "in kind" services not listed may be provided by City on terms to be negotiated. 6.3 Compliance with Permits and Contracts. City shall take no action with respect to the LCDC Permits and Contracts that would cause any violation thereof or default thereunder, or that would cause the LCDC to lose its accreditation with the American Association of Museums. City shall immediately notify Operator in writing of any notice of violation or default under any LCDC permit or contract, with sufficient notice to allow Operator to take the necessary steps to cure same. 6.4 Deferred Maintenance Items. Parties agree to ongoing discussions regarding the condition of the LCDC improvements, and those items of Deferred Maintenance agreed to by the Parties shall be included in the City's Capital Improvement Program, as same may be updated from time to time (the "Deferred Maintenance Work"). City intends to 6 2014-09-23 Agenda Packet Page 291 implement Deferred Maintenance Work as funding allows and following consideration of City priorities, as determined in City's sole discretion. Any such work implemented by the City shall be done in accordance with industry standards and shall be subject to Operator's prior reasonable approval and acceptance. 6.5 Payment of Debt Service on LCDC Improvements. City shall continue to pay debt service to Bank of New York to finance amounts loaned to City for construction of certain of the LCDC Improvements, and shall strictly comply with any and all covenants and agreements entered into in connection therewith. 6.6Payment of Utilities and Shuttle Bus Fuel. Upon receipt of utility bills for electric,water, propane and telecommunications, City shall remit payment for such utilities directly to the utility operator in the amount of the invoice for the utility services used for the operation and maintenance of the LCDC during the term of this Agreement. In addition, City shall pay for Shuttle Bus fuel costs. Operator shall be responsible for all other utility costs, including propane gas and wastewater removal. City's commitment to pay Utilities and Shuttle Bus fuel costs as provided in this Section shall not exceed $79,228 per year ("Maximum Payment Amount"). Any costs/expenses in excess of this Maximum Payment Amount shall be the obligation of Operator. ARTICLE VII. INSURANCE 7.1 Insurance. Operator's Obligation. Prior to the execution of this Agreement, Operator shall (i) obtain, and upon the City's request provide to the City, insurance certificates reflecting evidence of all insurance required in Section 7.1(a); (ii) obtain City approval of each company or companies; and (iii) confirm that all policies contain the specific provisions required by section 7.1 a. Types of Insurance. At all times during the term of this Agreement, Operator shall maintain insurance coverage as follows: i. Commercial General Liability. Operator shall provide at its expense a policy or policies of Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 0107 98 or an equivalent form providing coverage at least as broad and which shall cover liability including, personal injury and advertising injury, bodily injury, property damage, and liability assumed under an insured's contract(including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the CGL Insurance limiting the scope of coverage for either"insured vs. insured" claims or contractual liability. Operator shall maintain the same or equivalent CGL Insurance as described herein for at least ten (10) years following termination of this Agreement. All costs of defense shall be outside the policy limits. The Policy shall provide for coverage in amounts not less than three million dollars ($3,000,000) general aggregate limit, one million ($1,000,000)per occurrence for Bodily Injury, Personal Injury, or Property Damage, and five hundred thousand($500,000) 7 2014-09-23 Agenda Packet Page 292 sublimit for"Damage to Rented Premises," one million ($1,000,000) of liquor liability coverage, and a $5 million excess liability policy; ii. Commercial Automobile Liability. For all of Operator's automobiles used in conjunction with the Project including owned,hired and non-owned automobiles, Operator shall keep in full force and effect, a policy or policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 12 90 or a later version of this form or equivalent form providing coverage at least as broad in the amount of one million dollars ($1,000,000) combined single limit per occurrence, covering bodily injury and property damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be outside the policy. iii. Excess Liability. Operator shall provide Excess Liability Insurance affording three million dollars ($3,000,000) or any other amount agree to and approved by the City's Risk Management Department, in excess of General Liability and Employer's Liability limits afforded on primary policies. The coverage will be subject to the same terms, conditions, and exclusions found in the primary policies. iii. Worker's Compensation. For all of Operator's employees who are subject to this Agreement and to the extent required by the State of California, Operator shall keep in full force and effect, a Workers' Compensation Insurance and Employers' Liability Insurance to protect Operator against all claims under applicable state workers' compensation laws. The City, its elected officials, and employees will not be responsible for any claims in law or equity occasioned by the failure of the Operator to comply with the requirements of this section. That policy shall provide at least the statutory minimums of one million ($1,000,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for Bodily Injury by Disease each employee, and a one million dollars ($1,000,000) for Bodily Injury by Disease policy limit. A. Prior to the execution of the Agreement by the City, the Operator shall file the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance, in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract." b. Rating Requirements. Except for State Compensation Insurance Fund, all insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that have been given at least an "A" or"A" and "V" rating by AM BEST, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the City. s 2014-09-23 Agenda Packet Page 293 i. Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State of California and is included on the List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than A:X. c. Endorsements Required. Each policy required under Section 7.3 of this Agreement shall expressly provide, and an endorsement shall be submitted to the City, that: i. Additional Insureds. Except as to Workers Compensation, the City and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. ii. Primary and Non-Contributory. The policies are primary and non-contributing to any insurance or self-insurance that may be carried by the City of Chula Vista, its elected officials, officers, employees, agents, and representatives with respect to operations, including the completed operations if appropriate, of the Named Insured. Any insurance maintained by the City of Chula Vista and its elected officials, officers, employees, agents, and representatives shall be in excess of Operator's insurance and shall not contribute to it. iii. Waiver of Subrogation. Operator'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. iv. Written Notice. Except as provided for under California law, the policies cannot be canceled,non-renewed or materially changed except after thirty (30) calendar days prior written notice by Operator to the City by certified mail, as reflected in an endorsement which shall be submitted to the City, except for non-payment of premium, in which case ten(10) Calendar Days notice shall be provided. A. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Additional Insurance. Operator may obtain additional insurance not required by this Agreement. If the contractor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the responsibility of Operator. Deductibles and self-insurance retentions shall be disclosed to and approved by the City at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Operator shall provide a financial guarantee 9 2014-09-23 Agenda Packet Page 294 satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. e. Policy Changes. Operator shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Agreement. f. Reservation of Rights. The City reserves the right, from time to time, to review the Operator's insurance coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. g. Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Operator's obligations under this Agreement, including Indemnity. h. Material Breach. Failure to maintain,renew, or provide evidence of renewal during the term of this Agreement may be treated by the City as a material breach of contract. 7.2 Insurance— City's Obligation. a. Self Insure: City is self-insured and will provide evidence to the extent requested by the Operator. ARTICLE VIII. INDEMNITY 8.1 Indemnity Defense and Hold Harmless. To the maximum extent allowed by law, Operator shall defend, indemnify, protect and hold harmless the City its elected and appointed officers, employees, volunteers, and agents (collectively"Indemnified Parties"), 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 Operator, its officials, officers, employees, agents, and contractors, arising out of or in connection with the operation of LCDC. 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 one or more of the Indemnified Parties.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 Indemnified Parties,which may be in combination with the active or passive negligent acts or omissions of the Operator, its employees, agents or officers, or any third party. 8.2 Costs of Defense and Award. Included in the obligations in Section 8.1 is the Operator's obligation to defend, at Operator'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 Indemnified Parties. Operator shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties, for any and all legal expense and cost incurred by each of them in connection therewith. io 2014-09-23 Agenda Packet Page 295 8.3 Insurance Proceeds. Operator's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties. 8.4 Enforcement Costs. Operator agrees to pay any and all costs Indemnified Parties incur enforcing the indemnity and defense provisions set forth in this Article VIII. 8.5 City's Indemnity Obligation. City shall have reciprocal obligations to defend, indemnify and hold Operator, its officers, employees, and agents harmless with respect to claims, damages, liability, costs and expenses (including without limitation, attorneys' fees) arising from the sole negligence or sole willful misconduct of the Indemnified Parties), including the related obligations contained in Sections 8.2 through 8.4. . 8.6 Survival. A Party's obligations under this Article VIII shall survive the termination of this Agreement. ARTICLE IX. REPORTING 9.1 Periodic Reports and Meetings. Operator shall provide City with quarterly periodic financial reports and shall meet and confer with City staff from time to time to review operational issues not specifically addressed by this Agreement. In the event that Operator anticipates an operating deficit that may affect the continued operation of the LCDC, Operator shall immediately arrange to meet and confer with the City to determine how such deficits may be appropriately addressed. 9.2 Accounting Requirements and Financial Reports. a. Books and Records. At all times during the term, Operator shall maintain full and adequate records and accounts for any and all LCDC revenues and expenditures in a manner that complies with Generally Accepted Accounting Principles. Such records, and any and all related ledgers,books of accounts, invoices,vouchers, cancelled checks, and other records or documents shall be made available to the City, or its designees,upon five (5)days prior written notice. City to keep all donors and grant information confidential. Operator shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four(4) year period following termination of this Agreement or completion of all work hereunder, and Operator shall in no event dispose of, destroy, alter, or mutilate said books,records, accounts, and data in any manner whatsoever during that time period b. Financial Reports. Commencing on March 1, and quarterly thereafter, Operator shall provide City with a report of its financial condition in a form reasonably satisfactory to the City's Finance Director. The reports should include Profit and Loss Statement, Balance Sheet and Statement of Cash Flows. The quarterly financial reports should include year- to-date information for the quarters ending on September 30, December 31, March 31 and June 30 of each fiscal year. In addition, Operator shall notify the City manager within 11 2014-09-23 Agenda Packet Page 296 thirty (30) days of the occurrence of any event that has or is expected to have a material impact on LCDC operations or Operator's financial condition. c. Required Audits. By no later than 30 days after the Effective Date, and thereafter,by no later than October 1, of each year of the Term, Operator shall engage an independent, licensed, certified public accountant, reasonably approved by City to conduct a financial audit of Operator's books and records. City agrees to contribute $10,000 towards the cost of the initial audit; this audit shall be completed and a copy thereof provided to the City by no later than October 1, 2014. Thereafter, the required annual audit shall be prepared at Operator's cost and provided to City by no later than October 1 of each year. ARTICLE X. TERMINATION 10.1 Termination for Breach. Either party may terminate this Agreement earlier than the natural expiration date if the other party has materially defaulted in its obligations and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure the default within thirty (30) days of such notice. If the default is such that the cure will require longer than 30 days, the time for cure will be extended for the period of time reasonably necessary to complete the required work,provided,however, the defaulting party must promptly begin the required cure and diligently prosecutes same to completion. 10.2 Natural Termination of this Agreement. In the event that either party elects not to extend this Agreement past the Initial Term,upon thirty (30) days written notice from City, Operator, at its sole cost, shall take all necessary and appropriate steps necessary to transfer LCDC fauna to another qualified institution for continued care and maintenance. LCDC fauna that Operator determines cannot reasonably be transferred shall be otherwise disposed of as Operator deems appropriate and in a manner that is consistent with industry standards, provided, however, in no event shall Operator euthanize any animals, unless and until the Operator has informed the City in writing of its intention to do so and provided the City with the option of taking control of the care thereof. Title to LCDC FF&E transferred from the City to Operator pursuant to the February 6, 2010 Operating Agreement shall be transferred back to the City. 10.3 Injunctive Relief. If the Operator commits a breach or actions that suggest an anticipatory breach of any of the covenants contained in this Agreement, and such occurrence or actions remain uncorrected for a period of thirty (30)days or more following written notice describing such breach, City and its successors and assigns, without regard to whether City or its successors and assigns are an owner of any land or interest therein to which these covenants relate,may institute and prosecute any proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation or to compel specific performance by Operator of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain relief 12 2014-09-23 Agenda Packet Page 297 against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. a. Additional Time for Cure. In the event that the breach cannot be cured within the 30 day timeframe identified above, Operator shall immediately notify City in writing of its inability to cure, describing the reason for the inability to cure, and provide a date by which the cure shall be accomplished. If the City deems such explanation of the delay reasonable, it shall provide Operator with additional time to cure such breach and a second notice with the date by which the cure shall be accomplished. 10.4 Additional Remedies. In addition to the termination rights contained in Sections 10.1, 10.2, and 10.3 hereof, City and Operator shall each have any other remedies available at law, equity, or other proper proceedings. ARTICLE XI. NOTICE 11.1 Notices. Unless otherwise specifically permitted by this Agreement, all notices or other communications required or permitted under this Agreement shall be in writing, and shall be personally delivered; sent by registered or certified mail, postage prepaid, return receipt requested; or sent by facsimile,provided that the telecopy cover sheet contain a notation of the date and time of transmission, and shall be deemed received: (a) if personally delivered, upon the date of delivery to the address of the person to receive such notice, (b) if mailed in accordance with the provisions of this paragraph, two (2)business days after the date placed in the United States mail, (c) if mailed other than in accordance with the provisions of this paragraph or mailed from outside the United States,upon the date of delivery to the address of the person to receive such notice, or(d) if given by facsimile during business hours when delivered can be confirmed,when delivered. Notices shall be given at the following addresses: If to City: The City of Chula Vista Attn: City Manager 276 Fourth Avenue Chula Vista, CA 91910 Fax: (619) 409-5884 With a copy to: City Attorney [same address] If to OPERATOR: Living Coast Discovery Center Attn: Executive Director 1000 Gunpowder Point Drive Chula Vista, CA 91910-1201 Fax: (619) 409-5910 With Copy to: William L. Fischbeck, Esq. 13 2014-09-23 Agenda Packet Page 298 Fischbeck& Oberndorfer 5464 Grossmont Center Drive, Suite 300 La Mesa, CA 91942 Fax: (619) 464-6471 ARTICLE XII. MISCELLANEOUS PROVISIONS 12.1 Headings.All article headings are for convenience only and shall not affect the interpretation of this Agreement. 12.2 Gender &Number. Whenever the context requires, the use herein of(i) the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 12.3 Reference to Paragraphs. Each reference in this Agreement to a section refers,unless otherwise stated, to a section in this Agreement. 12.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part hereof. 12.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on the part of the City or the Operator, shall be deemed to be both covenants and conditions. 12.6 Integration.This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in this Agreement.No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Agreement agreed to by both Parties.All prior negotiations and agreements are merged into this Agreement. 12.7 Severability. If any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid,void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the parties (as such intent is manifested by all provisions of the Agreement, including such invalid, void or otherwise unenforceable portion). 12.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 14 2014-09-23 Agenda Packet Page 299 12.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law,rule, regulation, order, or code and this Agreement, the law, rule,regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws,rules,regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement. 12.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Agreement. 12.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Agreement. 12.12 Further Assurances. City and Operator each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Agreement. 12.13 Exhibits. Each of the following Exhibits is attached hereto and incorporated herein by this reference: Exhibit A—LCDC Land and Improvements Exhibit B —LCDC Permits and Contracts Exhibit C - LCDC Fauna Inventory Exhibit D —City"In-Kind" Services 12.14 Conflict of Interest. a. No member, official or employee of City or Operator shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests, those of his/her immediate family, or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. b. Operator warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. 12.15 Non-liability of City Officials and Employees. No member, official or employee of City shall be personally liable to Operator or any successor in interest in the event of any default or breach by City or for any Agreement which may become due to Operator or successor or on any obligation under the terms of this Agreement. 15 2014-09-23 Agenda Packet Page 300 12.16 Compliance with Law. City and Operator agrees to comply with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities,pertaining to the ownership and operation of the LCDC all improvements constructed thereon and all operations conducted thereon. 12.17 Jurisdiction and Venue. The venue for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. 12.18 Municipal Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 12.19 Attorneys' Fees. Should any litigation (including any proceedings in a bankruptcy) or arbitration be commenced between the parties hereto or their representatives concerning any provision of this Agreement or the rights and duties of any person or entity hereunder, the party or parties prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to the attorneys' fees and court or arbitration costs incurred by reason of such litigation or arbitration, including attorneys' fees and experts' fees incurred in preparation for or investigation of any matter relating to such litigation or arbitration. 12.20 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 fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Operator shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 12.21 No Third Party Beneficiaries. The parties to this Agreement acknowledge and agree that the provisions of this Agreement are for the sole benefit of City and Operator and not for the benefit, directly or indirectly, of any other person or entity, except as otherwise expressly provided herein. 12.22 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party's successor in interest. 12.23 No Partnership. Nothing contained in this Agreement shall be deemed or construed to create a partnership,joint venture or any other similar relationship between the parties hereto or cause City to be responsible in any way for the debts or obligations of Operator or any other person. 16 2014-09-23 Agenda Packet Page 301 12.24 Approval. Except as otherwise expressly provide in this Agreement,where the consent or approval of a Party is required or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 12.25 Assignments. a. City Approval Required. The qualifications and identity of the Operator are of particular concern to City. Operator recognizes that it is because of such qualifications and identity that City is entering into this Agreement with Operator. Therefore,no voluntary or involuntary successor in interest of Operator shall acquire any rights or powers under this Agreement except with the prior written approval of City in its sole discretion. Any purported assignment in violation of this Section shall be void. b. Permitted Transfers. Notwithstanding anything in this Agreement to the contrary, Operator may,without the prior written approval of City, assign or otherwise transfer its interest in this Agreement and its rights and powers under this Agreement(a "Permitted Transfer") to any holding company, corporation, association or entity which is or becomes a parent, subsidiary or affiliate of Operator provided that Operator retains substantial management and control thereof, or to any successor of Operator by reason of change of name,merger, consolidation, reorganization, dissolution, lender acquisition or sale of Operator interests or assets,provided that, the transferee assumes the rights and powers of Operator under this Agreement. 12.26 Condition Precedent. It is understood that as a condition precedent to any action to approve this Agreement, City must consider and adopt the appropriate resolution. Said resolution must contain the findings required by law. City agrees to use due diligence in processing the matter to hearing before the City Council. 12.27 No Waiver. No failure of either Party to insist upon the strict performance by the other of any covenant, term or condition of this Agreement,nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term or condition.No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 12.28 Signing Authority. Each party represents that the persons executing this Agreement on behalf thereof have full authority to do so and to bind such parties to perform pursuant to the terms and conditions of this Agreement. Concurrently with Operator's submission of this Agreement to the City for execution, Operator will submit to City a copy of documents evidencing the due formation and nature of Operator and the signatory's authority to sign on behalf of Operator. 17 2014-09-23 Agenda Packet Page 302 12.29 Counterparts. This Agreement may be signed in multiple counterparts with the same force and effect as if all original signatures appeared on one copy; and in the event this Agreement is signed in counterparts, each counterpart shall be deemed an original and all of the counterparts shall be deemed to be one Agreement. [NEXT PAGE IS SIGNATURE PAGE] 18 2014-09-23 Agenda Packet Page 303 SIGNATURE PAGE TO AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. CITY: THE CITY OF CHULA VISTA By: Cheryl Cox,Mayor Attest: APPROVED AS TO FORM: Donna Norris, City Clerk Glen R Googins City Attorney OPERATOR: LIVING COAST DISCOVERY CENTER By: Susan Fuller, Chairman By: Ben Vallejos, Executive Director 19 2014-09-23 Agenda Packet Page 304 Exhibit "A" LCDC Land and Improvements [to be inserted] 20 2014-09-23 Agenda Packet Page 305 Exhibit - `B" LCDC Permits and Contracts State of California Coastal Conservancy Grants/Funding Agreements: Grant Agreement# 84-67 Grant Agreement# 84-83 Grant Agreement# 87-035 Grant Agreement# 95-012 Grant Agreement# 05-073 United States Fish and Wildlife Service Easements Grants/Funding Agreements Agreement# 801817M292 Agreement# 816806J219 Agreement# 816807G1060 Agreement# 816807G1094 Agreement# 816809JO31 San Diego Unified Port District Grants/Funding Agreements Agreement—Document 53847 Agreement—Document 53889 State of California—Department of Parks and Recreation Grants/Funding Agreements Project# GF-37-018; Contract# 50-13-016 Project#WC-37-001; Contract# C2009415 Project#UC-37-003; Contract# C2011022 Project# GF-37-084; Contract# C5028015 21 2014-09-23 Agenda Packet Page 306 Exhibit-"C" LCDC Fauna Inventory [to be inserted] 22 2014-09-23 Agenda Packet Page 307 Exhibit-"D" City "In Kind" Services Maintenance of Facilities City, through its Public Works Department, at its sole cost, shall provide maintenance services and materials for LCDC facilities, infrastructure, built-in exhibits, and life support equipment in order to keep such items in operating condition in a manner commensurate with the provision of such services and materials to other City facilities,with a target of maintaining the LCDC in accordance with industry standards for similar facilities or better ("Routine Maintenance"). City's obligations hereunder shall exclude the maintenance and repair work required for(a) temporary exhibits, (b) custodial maintenance and repair of any and all exhibit exteriors, and exhibit contents; (c) the coded entrance gate; and (d) any new improvements or facilities installed by Operator during the term except where Operator's installation and City's maintenance thereof is approved in writing by City in advance in accordance with Section 5.5 of the Agreement. In addition to Routine Maintenance, City's obligations hereunder shall include the obligation to repair or replace, as necessary, any failed infrastructure or life support equipment item necessary for the full and lawful operation of the LCDC and the preservation and exhibit of LCDC Wildlife ("Key Facility Repair or Replacement"). City commits to expending up to $40,000 annually in labor and materials toward Key Facility Repair or Replacement during the term of the agreement, with any additional City funding subject to City approval in its sole discretion. Operator shall be responsible, subject to City's prior reasonable approval, for any Key Facility Repair or Replacement work it decides is necessary above and beyond City's commitment hereunder. With the exception of the Key Facility Repair or Replacement obligation, the above described services and standards may be subject to modification in the event City budget related issues materially affect the standards upon which such services are delivered to City's other facilities. Prior to implementing any such modifications in services, including any initial modification of service required below the standard of services existing as of the Effective Date, City agrees to provide Operator reasonable notice of such change and to reasonably consider Operators input regarding same,with the shared objective of maintaining the highest possible LCDC physical appearance, condition and functionality. Transit Services City, through its contact with NITS, shall continue to provide bus transit services to Operator for LCDC operations, in accordance with standards existing under the MTS contract as of the Effective Date. City shall be responsible for the cost of fuel for the shuttle vehicles during the term of the agreement, subject to the Maximum Payment Amount. Operator shall be responsible for any and all other costs associated with such service, either through direct payment to the transit provider or reimbursement to the City. Notwithstanding the foregoing, City's support for transit services hereunder shall terminate effective as of the termination of 23 2014-09-23 Agenda Packet Page 308 its contract with MTS, which is expected to occur on or about December 21. 2014. Thereafter, Operator shall be solely responsible for the provision of transit services at the center. IT Services City, through its IT Department, at its sole cost, shall provide Operator support services for LCDC telecommunications and computing systems (excluding telephone and data transmission services are delivered to City's other facilities. Prior to implementing any such modifications in services, including any initial modification of services required below the standard of services existing as of the Effective Date, City agrees to provide Operator reasonable notice of such change and to reasonably consider Operators input regarding same. CPR Training City shall continue to provide CPR training to LCDC employees and volunteers, but at the discounted rate of$10 per trainee. 24 2014-09-23 Agenda Packet Page 309 )f FXHIBIT "A" Ii.Y Vf\ ri1V L LJl�1i S'S i V � } REOEYELOMMY AGENCY 05 T11E CITY Ot CPULA V?STA C FARan �n Hhen Recorded, Pleaea Bail 7f 4 ELt=I��'•+ Thin Instrument Tor r �9b JV0 VJ O5 REOIYI'LOP'ifNr AGFtfCY OF T1tE crrY Of Cf(ULA VISTA City of Chula Vista j GWYR�EVRpR p.o, 0ox toa7 ; Chula vista, CA 9202 W 9'RAt#MA TAX 04Y- I , j 7,ns @aeons parcel t#o.c ram' ; Y i pace a o,e a nQ or aaDr aY s use on y I f ti' gHEMT FOR NATURE SUMPRL'TIve CENI'R1t Mn N� A LICF?M FOR ACC208 AND-UTfLITY i,IHB PURPO_SHS �. FOR A VAGUAALB C0NSYONRATXON, r000ipt of vhloh is hereby i aCknouIeaged, SANTA Fe LAND XHPROV9MHNC COXPMTYt a corporation organized under the laws Of thu State of C411f0rnia hereby grants � •„ to the AMML0pHfiNT AGENCY OP 9'Nr; CITY OF CHIZA V1811A an onne- merit, to be vdad for the purpoue specified herein and no other, upon, over and noroon the real property located in the City of t ; C1rUla Vista, County of San Diego, State of California, more par- ticulaFiy described In Exhibit A Attaohad hereto and Initialed and 1 by this reference incorporated hAraln. , i' This easrnant is granted solely for the conatruction, opera- tion, 941ntenanco, repair, roneval and replacement from tsimo to rr, tine of aNntura InteVprative canter open to tho public containing approximately ten thousand (10,0001 square feet: under roof, in :addition to asaocintod and anellIavy parkingg facilitfea, Iandacdp- arty, within the area abovc described In Pxhibit A, In addition, this aasenent is granted far all -Phase t and Phase 2 an and : off-sits grading worlr for onid Nature Iate.VpUetiva center, inoltrding, but not limlhdd ta, off-aite drainage and utility facilitioe required to nerve the subjoat Center Project shown on F,xhtblt 'A' Attached hereto and incorporated herein by rcft.rencn and toora particularly described on c1Cy of Chula Viota plan Noe. 86-59 through and including 136-64 revised April 217, 1986. ti In addition to the above-reEarenced onaeraent, Grantor hereby i granl:o to Granta4 a license aver hnd aceona the Iand hereinafter deacribed for vehicular and pedestrian ingress and egross to and from the Nature rnterpeetivo Canter avoa, Grantor also gi•arate a license to Granteo for the gurpoea of inatalling a water line to r nerve the Nature Xntorprdtivn Gentnr site, the nature and type of vhich to be detertained by Grantee. Grantor ahall have the right to relonate eaid aevaeu and vatCr line in the event that eaid 1 = w , a { 2014-09-23 Agenda Packet Page 310 i access and water Zino obstroots or intorlaren with the development of adjacent and/or underlyinp property cwnad by tha Grantor, pro- vided that reasonable alternative acaees and Hater line relocation I are thereafter allowed to and tar the ttatUre Interpretive Center. The cost of moving the voter lino or other utilities earving tbe r , ands Grantee.rpra Grantor Center furthr shall grontsr to Grantee by the ligenao tto inatall utiI•Ity lines that Grantua may require For thv Haturo s Tnterprctiva Center site, i The initiri loaatloan of the above-referenced licennea for on herate; anddlncorpar tad 1seralnpbydrefe3rence. Exhibit 8 attas8nd ' f Grantee, by aocepting this easement and licanne, agrees to tho fnl lowing. t i 1) Grantee agrees to Indemnify, defanel and hold harmlena Grasitur frofi all liability arising from aattorns of Grantee or its to or aijento fron Grnntau,ne�r4u1 i tics npvoritheypropertyade�scribedbIn Exhibits A and p, r 2) Gr4ntes shall, prior to boginniny any grading or other H work on or related to construction of the Nature Xnterpretive Center projevt, install sand bagn at the limits of grading rin shown on City of Chula Vista plan Non- 85-59 through and inOluding uo-64 rofAYencad horeinabove, said limits h"irsg boon aatablished I , and clearly marked an the ground by a It, gieterod Civil i3ngincer I i authorized to practice land aurvaying or a licensed land 'surveyor wino shall vork for and at the expense of Grantee, orantoe ahall a1a0, prior to bavinning oonateuotion of the Nature Tnterprotive i Center projeot, install a fence around the perimeter of rareel At 4 no denaribed in Fxhibit A, of a type reasonably cIaaigned to prevent unauthorixefl persona from doing onto or leaving the site 4� shallgnotnportaitiOr varranto to or othu-e Waoto of any kind to be planed, buried, ntOred or 4handaned ' subjeotato cantrvlbvr use by Craatco easement for favor of of Ggradlnq or conatruction. 3) Grantee shall, prior to beginning any ryrading or other 1 work on or related to eonotruction Of the Nature Interpretive M Cantor protect, outsmit to Grantor Ear its review any and all , gahtracts ❑Y grading or other conatruCtien work on or related to the Nature intorpretive Center project, Ornntor's reviev shall be solely for the porpoue of assuring itself that job spoeiriontiane and contract donusaentg adeguatnly protavt Grantor and '3rsntar's 1 property frog dannue or misses. 3 - f r j i ell'010 f i • I � f f i t 7 � i 2014-09-23 Agenda Packet Page 311 1635 ! aenntor shall have the right of redaonaule.aeeaaa to and over any of theca dread+ burdened by the edae?ount or oubjevt to the 3 ,Llconaa, for ingreas and egraaa to and from the real pvPoYty of Grantor. I Grantor httehy further granto to the City of Chula Vi.otd the priyflego and right to extend roaennable drainage structures and { excavation and enbankment islopea beyond the limito of the right or�vay deaoribed in Vxhibik B Where required for the COnst:rUct)on and maintenance of said access roadr R�St'RVJNS unto Grtintor of the above-deeeribed parcel of land, ltd aucoCeeors or Ass-igns, the Lions t to thnraoe,nwhenainhthe Written and/or pinion of PbetCity �nglnaer of protectianh9auppbrtin,ysd%arrdrainage removed l yY Provided touphARub- ! otitution is fjtrot approvad in vriting by sand city Engineer, • I tirantor hereby further grants to orantee all tress, gr6xtha I {�j rowing or that ray hsraaEtar prov), and road buiacling lnIteriala wfthln the reel property dearcribod in OxhibitS A and R, including the right to take r+atar, together with the right to uao rho same in -nuah manner and at such lecatians as said Grantvo may doom ! Proparr nes8ful or naraesary, In the ronatruction, recons tructianr a improvement or maintenance of Bald oruntec'6 Improvements. In addition, Grantor antICIPatas allowing a "Conae to ! continue for roadway, drainago, and utility 7linu PUrpaRaa until If gush titan as a normanant road is built to serve tilu Nature yntarpretivv C9nte, area, which road eh '� be aatad as perraanant public, city street and which ah,ml•'1" Main theo t ' utilities rasluisit e for sorvice of the interPrctive Center facility, This (;rant of Raccment aholl exist entail auch time an there l9 An agreemeAt entered into between Grantor and Urantou and the Chula Vista Redevelopment Agency and City of Chula Vista relating to the ltay Front Project, and through which it in anticipated the ; at!ea shown in Exhihit A will be convoYed to Grantee in l'a- in addition, timeta5a continuo pernanent I e s I � i 7 I f 1 � I 3 i 2014-09-23 Agenda Packet Page 312 i i .1638 i road is bnilt to nerve the Hnturo interprotiVa Center area, at r which tiato said road Will be dedioatod AR d purmanant pnbl icf city i aEreet, b,sted this 21 day o( , 198G SANi'A ? AHD SMPA0VEH1,'NT COMPANY, 1 a California corporntion j a '�- - - Itle V _ . 3'he xermti of this Rarornoni nd Licanae Agreement aro accepted by the City Of Chtaln Viuta E� REDW.'LORMUNT AGENCY OF THP f CITY ov HULA 77� By•�irTl 4 Z`L�1 (Aaknovledgement) �. "AT.E 4Y CAGIVORNSA } ; } &s { COUNTY OF paj ,� AMY , t9,�, belare mn, i � the ian�t:rs qni'�.a Notpeyy Publid !n and for Said gtitte, paraoaaliy apptarM personally Rhown tv He or psave to me to ba tha poraon whose name nubsaribad to 075 vithin Instrutnen an +� acfcnoH]edg8ci ehar: hr exoaubed thu s ar.M WXTNH58 my hand and ofCietal seal, Hame i'IYPc v Pr me ! i K., Y �'kG giayt(gkta ti tt.SSRt a t 2014-09-23 Agenda Packet Page 313 • I i I I I I w, •j ! ' M41817 "A" t'UUTA vic4'A YtTIfxPA"IVZ 1A7'171t2. CVIT" Doing a portion of Quarter etctionr 173 and 160 of the Rambo Ere I,a NaCion, in the City of Chula V4 to, County of Can Me go, $tate of califorttia as shown on 3iosord of Survey 110. 4079 vn f11t in the Pffict of the Recorder of said Countyl x414 portion being more p3rticulnrly drscrib3d as fallowa3 PARtn~1, 'A" j 8vgtnning at the southeasterly corner of said Quarter 5ectlnn 173 a3 shown on (raid Record of Survey No. 90391 thanes a. south 72'13'27` West 170.00 feet to a paint on the >;astorly boundary of said Record of suryay No. 90391 21 thence eontinufag south 72'13'27" Welt 514,51 fart to the beginning of a tangent 30,00 toot 'radius curve concave NortherlyT 3. thence Weat.erly along sold curve through a Centre angle of 82147101' an arc distance of 48.50 featf 4, thence tnngont to raid curve north 14'59132" Neat ! : 651.90 foci to the 'Paginning Of a tangent 5040 foot t radius curvy concave 5outh4rlyl 5 thence Wentarly along said curve througb a central Angle or 93'.72'12° on are distance of 01,441 feetr 6, thence tangent td xaid curur 13outh 71'30'16" 51eSt ; 1644.42 foes to the beginning of a tangent 300.00 foot r + radius; curve concave Northwesterly; 1 € 7, thenca Southwesterly along said curve through a central r eagle of 17'10'07" an arc distance of 09,00 feet; 0 17, thanoe tangent to said curve south QA'48123" West 163,76 feet to the beginning of a tangent 40.00 foot radiun Gurva r;oncove harthsrl.yr 9, thOrco Wo,steerly along iaid curve through a control angle of 5]'38,W an arc diatanca of 36.06 Yeatr 10, thancea tangent to said curve North 39131'43" Neat 49,16 feet to tlto haglnning of a tangent 32040 foot radius curve concnva Northeeatarly; J 11, thence Northwesterly Along Bald curve trough is eenCral angle of 22'58'55" an arc 016tance: of 1741.36 fret tc the 7'Rug PDxN7 OF BEGIVV;N0 of the htroin deacr;bed Parcel "A"T thence laaving 6316 ri}rve along a 110ht"90nt 33nr 2at {lQ.'-1,2_.K_ ' Hest 33.05 [eatr thbnoa North._40,'15,'26` aac 19 ,�3_fapv (hears { 1�rth„�Cs'94'�4°...W6�z iA;213 feet; thence Ide�,YL},�54.`�2���*ue=%. .221.67 feet; thonre North_3q'�3_'46':rlaat z592? �Fe�t thence t4or'0h 72'44'57” #QG[ T.S.?Q eS6l thanoe av TQft`5iL bt 283,08 fret; thence FBU% a poinT. i on"the arc of 4 norn_tolfgant 900.00 Toot radius curve conctvo t r Northwcaterly, a radial line to maid point besar$ 5out_h_73 ',55'.52" I 1;aat; thence SouthKostarly alone) slid curve thraugh central ang34i of 11 '31'34" an arc dlatance of 1,(31.05 faatl thence a3onc a nontangeriV,line south 47'52,132" Nett 7 3.90 fe;t3 t.hanca North M Hest. 26.98 feet io the TAUS P07NT OF QIST1n0Nti. Page t of d y Cortaxming 3.370 acres I t 1 � i 1 2014-09-23 Agenda Packet Page 314 DMIT "A" 1638 i pain» •s A 30.00 font Easement foringrass, egrrsr, publir: imprnvcnents and public utilitle6 Over a pprtlnn of Ouarter ScvtiorFl; 172, 173, { and Afl0 of the abov8 dasoribed Rancho , said eaeumrnt lying MOU ' test on either side maaavred at right anglas to Chip following i described Qanterlindr Daginnlnrl at the beginning of cnurua nn, 2 In parcel "A" above f thcnvo retracing anUrver. 2 through 11 in porcel "A" to the TRVY I POTNr 4J.' AZOTHNYNG of Qnreel `A" above being the torminuu of the I herein described cantarllne, the gldallnae of said 30.40 font I easement to lie langthoned or rhortcned an as to t0fMirnntu in the Naeterly bnundary of Record of Hurvby No. 9039 it the pnint of boginnSng and in the )>00ndar'y of Parcel "A" above at the pni:ok of AL tarminun. '� I E i f t � 1!� w � S • + i Page 2 of 4 i i � S r 2014-09-23 Agenda Packet Page 315 MUDIT "A" P]UtM 'CO I A 30.00 fnne Easement for ingreatt, Cgres3, public imprnvementa i and publdo utilities over pnrtlnns of Quarter Stations 172 and ! 173 of fthneb ne Ja NAalnn in the city of Chula vista, County of San piecj(i, Sthto of Ca)1fnrniL Ra Ahnwh on floonrd of Survey No, 9039 nn file in the Offiea of the Reenrder of said County, said f eosemoot being 90,00 feet in width, 15.00 feet on either aide maheurnd nt night angles to the following described centerline, De+Ifnninv bt the southeast corner of Ovartar section 173 es shnwn nn-uala Rocnrd r,# Survey Nn. 90391 tl,znce $nuth 7;?'W 7" West 20.00 feet to the 'West*rly line at the San Diego And hrixnna Eastern Railroad right-of-wny as chntn nn paid Aeanrd of survey, 1 i bhid point lacing the TAUE'POIXT of ALGTNhINGI thence continuing 1 South 72'13127" West 150.00 faet to a }mint in the boundary of nail Record of survey Nn. 8039 alld the pnjnt of turminua of the herein deserlbad centerline, 1 '!'he sidelines of said eahement to be langthened or shnrtened sn ! i ae to trrmi.nate an the Westerly line of the railroad right-af-way i ttt the 9'RI19 YOXNT Dp BEGINNING hnd the P.aeterly boundary of Ngeord of Survey Nn, 0039 at the pnint of terminus. � T i Page 3 of 4 2 r � I r i 2014-09-23 Agenda Packet Page 316 I j 1 r10 CXHI81Y "A" + r FARCI.T, "T3' f 1 A 34.00 raotr Easement for ingrte9, rgross, public 3mprovemanta i and Public ntilitian over portions hf Duortar geaeinns% 1b1, l62 1 172 and 173 of Rancho be La UaQinn In the City of Chulrn Vista, County of San Diego, Stets of CA)Ifornia as ahnwn on Re-word of i Burvay No. 9039 nn file in the office of the Recorder of raid ''� f county, Ra14 eboament being 30.00 ftat in width, 15.00 feet on either side measured at right anglot to the follnwihs3 described i centerlines So9innin7 at the 50uth0aat cornvr of Quarter Sr+ction 173 as ohnwn on isaid Record of Survey Fn. 90391 thence Snuth 72113127" Want i 20.00 fast to the W6rstnrIy line of the Sin biagn and Ariiont, I 'Eastern B41.1road right-nfwvdy ac ahnvn on soig Record of Survey, j paid PrUnt being tho TRUE POINT' or AI;GIHh1NGt thence Nnrth 77`131271 Vast 40,00 Tact to a Point on tha rd9terly r4+3ht--of--wjy � r of void ra4lrnad and the point of terminur, of the hera;Ln 1 dndaribrd centerline. €{ 'Tho uid031976s of rsaid aaoeraertt Lo be ldngthenad or shortened an as to terminate on the Westerly 111re of khe railroad r3ght—nf- ay 0t the 'TRUZ POINT OP D£GJNKIh'G And the 8asterly }lr,p of the r railroad right-.of-stay at the point of terminue, i I i _ I i I i , t � f ry Page d of 4 ; el I. f i I i 2014-09-23 Agenda Packet Page 317 , + f � w.. _. .,r,v,- T'�,Y'r',._ ••, �.i'�'r.�:2•=s.w-}et.urtkS�v.+L.i..,�.u.'�..a':: ',.,t�'s�----ate `•• rt,•`,.� 1.~�. 4,� W Y-"•.n.,';�.:•'�`;"ci �b�'t{.�.1J�'� � '"`i �1 `[: •�� -:c wb•`.—.. .....,1�._ .� i-;..>.r• � 'y 'CY:.rte.,..... � � E PNs o jE r" y ,�� ��,�—. �. �c t� I�j ,� s sue. •,;.,'� a ! gyp` Lo > LIN z d o r: � •.. i .., s t � F i I .! r r i 2014-09-23 Agenda Packet Page 318 LIVING COAST DISCOVERY CENTER EXHIBITC ANIMAL INVENTORY 2014 AQUATIC ANIMALS SHARK AND RAY EXHIBIT QTY Main Pool Leopard Shark 10 Smoothound Shark 2 Horn Shark 2 2 Guitarfish 3 Halibut 1 White Sturgeon 1 Garibaldi 1 Rockfish 1 Black Surf Perch 18 Touch Pool Diamond Ray 2 Bat Ray 4 Round Ray 14 Guitar Fish 3 Horn Shark 1 Sardine/Mackerel School lot GALLERIA AQUARIUM Fish Moray Eel 2 Pacific Seahorse 4 Moon Jellies Lot Plainfin Midship Man 1 Sarcastic Fringehead 1 Leopard Shark 6 Horn Shark 2 Swell Shark 1 Kelpfish 1 Kelp Bass 11 Staghorn Sculpin 3 Opaleye 2 Sargo 5 Spotted Sand Bass 5 Barred Sand Bass 1 Garibaldi 1 Black Surfperch 9 Shiner Surfperch 21 Invertebrates Giant Pacific Octopus 1 Two Spot Octopus 1 Decorator Crab 1 Assorted Tidepool Invertebrates lot OFF EXHIBIT HOLDING TANKS Moray Eel 1 Bat Ray 5 Round Ray 4 Diamond Ray 1 Swell Shark 4 Horn Shark 1 2014-09-23 Agenda Packet Page 319 LIVING COAST DISCOVERY CENTER ANIMAL INVENTORY 2014 BIRDS RAPTOR ROW Golden Eagle 1 Bald Eagle 1 Ferrugenous Hawk 1 Barn Owl 1 Short Eared Owl i Turkey Vulture 1 Great Horned Owl 1 Peregrine Falcon 1 Coopers Hawk 1 Red Shouldered Hawk 2 Osprey 1 Red Tail Hawk 1 Red Tail Hawk 1 American Kestrel 1 Americans Kestrel 1 Western Screech Owl 2 Burrowing Owl 6 SHOREBIRD EXHIBIT Great Egret 1 Snowy Egret 1 Black Crowned Night Heron 1 Mallard Duck 1 Rouan Duck 1 Oyster Catcher 1 Red Breasted Merganser 1 Ruddy Duck 2 White Faced Ibis 1 Cinnamon Teal 1 Gadwall 2 Clapper Rail (Putnam) 1 Clapper flail (Amelia) 1 REPTILES / AMPHIBIANS / INVERTEBRATES GALLERIA AND CLASSROOM EXHIBITS California King Snake 1 Banded King Snake 1 Albino Striped King Snake 1 Rosy Boa 3 Striped Rosy Boa 1 Gopher Snake 2 Coastal Glossy Snake 1 Desert Glossy Snake 1 Desert Tortoise 3 Green Sea Turtle 4 Spiny Softshell Turtle 1 Alligator Lizard 1 Chorus Frog 2 Tarantula 2 2014-09-23 Agenda Packet Page 320 LIVING COAST DISCOVERY CENTER ANIMAL INVENTORY 2014 SEASONAL EXHIBIT ANIMALS* Birds Lovebirds 12 Red Crowned Amazon Parrots 2 Rainbow Lorikeet 1 African Grey Parrot 1 Red Crested Turaco 1 Reptiles Arboreal Alligator Lizards 2 Spiny Tailed Iguana 1 Panther Chameleon 1 Mexican Musk Turtles 12 Ornate Horned Toad 2 Terrestrial Invertebrates Halloween Crabs 2 Harlequin Bugs lot Aquatic Animals Assorted tropical fish lot Assorted tropical invertebrates lot Assorted Coral lot Assorted Sea Anemone 6 Discus 5 Cardinal Tetra 14 Corydora Catfish 4 Bushynose pleco 2 Assorted Cichlids 15 Blind Cave Tetras 30 Freshwater Snails 5 Ghost Shrimp lot *ANIMALS ON LOAN AND NOT PART OF PERMANENT COLLECTION 2014-09-23 Agenda Packet Page 321 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER WHEREAS, on June 11, 2013, the City of Chula and the Living Coast Discovery Center("LCDC") entered into a first amendment to the Operating Agreement for a period of one (1) year, ending on June 30, 2014; and WHEREAS, the City Manager agreed to extend the Operating Agreement until September 30, 2014; and WHEREAS, the Amended and Restated Operating Agreement("Agreement")with an expiration date of December 31, 2015, includes an automatic term-extension provision, which will extend the term of the Agreement to June 30, 2017, provided certain performance measurements are met, including: (a) a separate operational reserve fund established and funded for LCDC operations with a minimum unencumbered balance of $100,000; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues; (c) maintained or augmented LCDC Board membership; (d) over a 12 month period, increased LCDC general attendance by two percent (2%) or greater as compared to the previous 12 month period; and (e) complied with all material terms and conditions of this Agreement; and WHEREAS,provisions of the Agreement provide that the City shall transfer all right, title and interest in and to the following vehicles currently used for LCDC operations: (a) 1995 Gillig, Lic. No. E013416, with approximately 157,000 miles; and (b) 2005 El Dorado E-Z Rider II, Lic.No. 1212768, with approximately 45,000 mile; and WHEREAS, these vehicles will be transferred to Operator at no cost and in "as is" condition; and WHEREAS, additionally, the Agreement provides for the following: (a) Operator shall not make material modifications to the LCDC Improvements without City's prior written approval, which such approval shall not be materially withheld or delayed; (b) the LCDC will continue to submit quarterly financial reports to the City; (c) the City shall contribute $10,000 towards the cost of an audit for the LCDC, which audit shall be completed and a copy provided to the City no later than October 1, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amended and Restated Operating Agreement between the City of Chula Vista and Living Coast Discovery Center, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of 2014-09-23 Agenda Packet Page 322 Resolution No. Page 2 which shall be kept on file in the Office of the City, and authorizes and directs the City Manager to execute same. Presented by Approved as to form by Kristi McClure Glen R. Googins Director of Recreation City Attorney 2014-09-23 Agenda Packet Page 323 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0546, Item#: 14. INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2014 RECOMMENDED ACTION Council accept the report. SUMMARY Transmitted herewith is the City's investment report for the quarter ended June 30, 2014. A separate information memo was distributed to the City Council in July to meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy. 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" in accordance with Section 15378(b)(5) of the State CEQA Guidelines because it involves only acceptance of the Quarterly Investment Report, therefore it is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The total cash and investment portfolio held by the City as of June 30, 2014 was $243,296,733. For the quarter ended June 30, 2014, the earned interest yield was 0.68%, which is a small decrease from the 0.69% reported the previous quarter. The weighted average maturity as of June 30, 2014 was 1 .88 years which is a decrease from the previous quarter's 2.07 years and is within the Council Policy of less than 3.0 years. The weighted average maturity remains sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy City of Chula Vista Page 1 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 324 File#: 14-0546, Item#: 14. Community, Strong and Secure Neighborhoods and a Connected Community. The investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City's cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS Investment Report for the Quarter Ended June 30, 2014 Staff Contact: Phillip Davis, Assistant Director, Finance Department City of Chula Vista Page 2 of 2 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 325 ,�II ,e CITY OF CHULA VISTA Finance Department Investment Report for the Quarter Ended June 30, 2014 September 11, 2014 Honorable Mayor and City Council, I am pleased to present this report of investment activity for the quarter ended June 30, 2014 in compliance with the reporting requirements as set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy. The information presented in this report highlights the investment activity for the quarter ended June 30, 2014 as well as provides a comparison to the quarters ended June 30, 2013 and March 31, 2014. Market Overview The Federal Open Market Committee (FOMC) continues to maintain the key Fed Funds rate at a target range of 0.00% to 0.25% in hopes of stimulating the economy. Two-year Treasuries yielding 0.44% at the beginning of the quarter ended slightly higher at the end of the quarter at 0.47%. The overall consumer price index (CPI) rose 2.1% on a year-over-year basis, and the core CPI (excluding food and energy) showed a 1.9% increase year-over-year. The Federal Reserve continues to monitor these increases to ensure that inflation remains under control. Portfolio Composition The table below provides a summary of the City's total investment portfolio as of June 30, 2014. The Investment Portfolio ($193,869,838), Cash/Time Deposits ($49,426,895) and Bank Trustee/Fiduciary Funds ($69,488,708) continue to be invested in accordance with the Government Code, bond covenants and the Council Investment Policy as adopted on March 11, 2014. 2014-09-23 Agenda Packet Page 326 Investment Report Quarter ended 6/30/2014 Page 2 of 5 Summary of Cash and Investments as of June 30, 2014 % of Investment Type Par Value Market Value Book Value Portfolio Investment Portfolio Federal Securities 117,000,000 116,480,920 116,998,500 37.41% Pooled Investments 76,869,838 76,881,417 76,869,838 24.58% Corporate Bonds 0 0 0 0.00% Subtotal 193,869,838 193,362,337 193,868,338 61.98% Cash/Time Deposits $49,426,895 $49,426,895 $49,426,895 15.80% Total Cash &Investments Held by the City $243,296,733 $242,789,232 $243,295,233 77.78% Held by Bank Trustee/Fiduciary Funds(1) U.S.Government 0 0 0 0.00% Investment Agreements 13,538,230 13,538,230 13,538,230 4.33% Mutual Funds 55,091,898 55,092,711 55,091,898 17.61% Cash with Fiscal Agents 105,045 105,045 105,045 0.03% Restricted Cash 753,535 753,535 753,535 0.24% Fotal Held by Bank Trustee/Fiduciary Funds $69,488,708 $69,489,521 $69,488,708 22.22% Total Portfolio $312,785,442 $312,278,752 $312,783,942 100.00% (1)Reflects bond proceeds held by trustee in accordance with bond covenants. The graph below provides a snapshot of the portfolio composition by investment type for that portion of the portfolio not held by the bank trustee or in a fiduciary fund. Portfolio Composition as of June 30, 2014 ($193.9M Total Par Value) US Government Agency 60.3% LAI F (State Pool) 18.8% SD County Pool CalTrust 20.3% 0.5% 2014-09-23 Agenda Packet Page 327 Investment Report Quarter ended 6/30/2014 Page 3 of 5 Portfolio Performance The summary information provided below includes the total portfolio income recognized for the last quarter as compared to the prior quarter and the same quarter one year ago. Total Portfolio Income Recognized Accrual Basis June 30, 2014 March 31, 2014 June 30, 2013 Quarter-End Net Interest Earnings $ 335,343 $ 340,637 305,221 Net Gains (Losses) from Sales $ - $ - Net Total Income Recognized $ 335,343 $ 340,637 $ 305,221 Fiscal Year-to-Date Net Interest Earnings $ 1,344,119 $ 1,004,008 $ 1,336,534 Net Gains (Losses) from Sales $ - $ - $ - Net Total Income Recognized $ 1,344,119 $ 1,004,008 $ 1,336,534 This table shows the City's average yield to maturity as of Agency Yield June 30, 2014 as compared to the County of San Diego and Chula Vista 0.69% other cities in the county. Carlsbad and Oceanside both have County of San Diego 0.39% dedicated staff and consultants that actively manage their Carlsbad 1.06% portfolios by buying and selling investments daily as opposed El Cajon 0.71% to our more passive "hold-to-maturity" investment style. Oceanside 0.94% Liquidity needs and risk tolerance can also affect yields. San Diego 0.34% Benchmark Comparison The following graph compares the monthly earned interest yield of the City's Portfolio Fund with the monthly average yields for the same period of the State of California Local Agency Investment Fund (LAIF) and the two-year and three-year treasury from June 2012 through June 2014. 2014-09-23 Agenda Packet Page 328 Investment Report Quarter ended 6/30/2014 Page 4 of 5 1.8% Quarterly Benchmark Comparison 1.6% 1.4% 1.2% 1.0% 0.8% 0.6% 0.4% EL 0.2% 0.0% Jun-12 Sep-12 Dec-12 Mar-13 Jun-13 Sep-13 Dec-13 Mar-14 Jun-14 t City t LAIF t 2yr Treasury t 3yr Treasury Per Section 16.1 of the City's Investment Policy, the two-year U.S. Treasury and the Local Agency Investment Fund yields are the performance Benchmark Yield ADM benchmarks to be used when determining whether City 0.68% 687 market yields are being achieved. The three-year LAIF 0.23% 232 U.S. Treasury is added as an additional point of 2 Year Treasury 0.47% 730 reference in order to provide an upper range that is 3 Year Treasury 0.88% 1,095 above the weighted average maturity of the City's ADM - Average Days to Maturity portfolio, which is at 687 days. Investment Activity During the quarter, two investments totaling $8,000,000 were redeemed by the issuers prior to their maturity dates. These amounts were not reinvested in securities and were allowed to remain as cash in the pool. Liquidity was increased in the pool in anticipation of hiring PFM Asset Management (approved June 17, 2014). These monies represent pooled cash received from various funding sources such as sewer, TDIF, PAD, General Fund, etc. There is no further activity to report on other than routine investments in money market mutual funds by the City's fiscal agents. Conclusion The total cash and investment portfolio held by the City as of June 30, 2014 was $243,296,733. For the quarter ended June 30, 2014, the earned interest yield was 0.68%, which is a small decrease from the 0.69% reported for the previous quarter. 2014-09-23 Agenda Packet Page 329 Investment Report Quarter ended 6/30/2014 Page 5 of 5 The weighted average maturity as of June 30, 2014 is 1.88 years which is a decrease from the previous quarter's 2.07 years and is within the Council Policy of less than 3.0 years. The weighted average maturity remains sufficiently liquid to enable the City to meet all operating requirements that might be reasonably anticipated. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. I certify that this report reflects the City of Chula Vista and related agencies pooled investments and is in conformity with the State of California Government Code on authorized investments and with the Investment Policy of the City of Chula Vista as stated in Resolution No. 2014-039 dated March 11, 2014. Respectfully submitted, Maria Kachadoorian Deputy City Manager/Chief Financial Officer 2014-09-23 Agenda Packet Page 330 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0547, Item#: 15. COUNCILMEMBER SALAS Presentation of highlights from the Chula Vista Train Festival held on August 30, 2014 City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 331 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0550, Item#: 16. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Gary Ficacci Employee organization: POA City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 332 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0551, Item#: 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 Agency designated representatives: Gary Halbert, Bart C. Miesfeld, Kelley Bacon, Maria Kachadoorian, Simon Silva and Jim Geering Employee organization: IAFF City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 333 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0523, Item#: 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): Rudy Diaz v. Chula Vista Civil Service Commission, San Diego Superior Court, Case No. 37-2013- 00035036-CU-WM-CTL City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 334 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0524, Item#: 19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Tommy LaNier v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00019774- CU-DF-CTL City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet Page 335 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0525, Item#: 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Valerie Taylor v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2014-00028754- CU-OE-CTL City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 336 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0528, Item#: 21. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) In re John Hess v. City of Chula Vista, et al., Government Claim for Damages City of Chula Vista Page 1 of 1 Printed on 9/18/2014 2014-09-23 Agenda Packet powered by Leg age 337