HomeMy WebLinkAbout2014-10-14 Agenda Packet \�
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CITY OF
CHULA VISTA
Cheryl Cox, Mayor
Patricia Aguilar, Councilmember Gary Halbert, City Manager
Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney
Rudy Ramirez, Councilmember Donna R. Norris, City Clerk
Mary Salas, Councilmember
Tuesday, October 14, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, Ramirez, Salas and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 14-0568 PRESENTATION OF A PROCLAMATION TO CHULA VISTA
POLICE DEPARTMENT SENIOR VOLUNTEER PATROL
COORDINATOR JACK MITCHELL ON 20 YEARS OF
SERVICE TO THE CITY OF CHULA VISTA
B. 14-0527 PRESENTATION OF A PROCLAMATION TO SAN DIEGO
ASSOCIATION OF GOVERNMENTS' COMMUNITY
OUTREACH COORDINATOR PAULA ZAMUDIO
PROCLAIMING OCTOBER 2014 AS RIDESHARE MONTH IN
THE CITY OF CHULA VISTA
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City Council Agenda October 14, 2014
C. 14-0565 ACKNOWLEDGEMENT BY CHULA VISTA PUBLIC LIBRARY
FOUNDATION BOARD MEMBER CHRISTIAN DEMENT
REGARDING THE FOUNDATION'S $50,000 DONATION FOR
RENOVATIONS OF "THE HUB," AN EXPANSION OF THE
OTAY RANCH LIBRARY
D. 14-0576 UPDATE PRESENTATION BY THIRD AVENUE VILLAGE
ASSOCIATION JAVA) EXECUTIVE DIRECTOR LUANNE
HULSIZER AND BOARD PRESIDENT CHRISTINE MOORE
CONSENT CALENDAR (Items 1 - 3)
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. 14-0558 APPROVAL OF MINUTES of September 23, 2014.
Staff Recommendation: Council approve the minutes.
2. 14-0562 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.
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City Council Agenda October 14, 2014
3. 14-0554 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS; REJECTING BIDS
DECLARED NON-RESPONSIVE; AWARDING THE
CONTRACT FOR THE "PHASE I - WILLOW STREET BRIDGE
REPLACEMENT (WATER LINE RELOCATION) [CIP NO.
STL-384, FEDERAL PROJECT NO. BHLS-5203(016)1"
PROJECT, INCLUDING ADDITIVE ALTERNATE BID ITEMS,
TO TECHCOM INTERNATIONAL, CORPORATION IN THE
AMOUNT OF $3,520,358.40; APPROPRIATING $534,900 OF
NON-DEPARTMENTAL CIP FUNDS BASED ON
UNANTICIPATED REVENUE ASSOCIATED WITH UTILITY
AGREEMENT WITH CITY OF SAN DIEGO TO CIP NO.
STL-384; REDUCING THE BUDGET FOR CIP NO. STL-261
BY $58,7401N TRANSPORTATION DEVELOPMENT IMPACT
FEE FUNDS (TDIF) AND APPROPRIATING THE
EQUIVALENT AMOUNT TO CIP NO. STL-384; WAIVING CITY
COUNCIL POLICY NO. 574-01; AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS
IN AN AMOUNT NOT TO EXCEED $356,388 (4/5 VOTE
REQUIRED)
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject matter
within the Council's jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Council from discussing or taking action on any issue not included
on the agenda, but, if appropriate, the Council may schedule the topic for future discussion
or refer the matter to staff. Comments are limited to three minutes.
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City Council Agenda October 14, 2014
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If you
wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby)
and submit it to the City Clerk prior to the meeting.
4. 14-0544 CONSIDERATION OF WAIVING A MINOR MATHEMATICAL
ERROR IN THE BID RECEIVED FOR THE "MOSS STREET
CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE
AND FOURTH AVENUE IN THE CITY OF CHULA VISTA,
CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)"
PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR;
ACCEPTING BIDS; AWARDING A CONTRACT FOR THE
"MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN
THIRD AVENUE AND FOURTH AVENUE IN THE CITY OF
CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO.
HSIPL 5203(037)" PROJECT TO T&M ELECTRIC, INC., DBA
PERRY ELECTRIC, IN THE AMOUNT OF $242,644; AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCY FUNDS IN AMOUNT NOT TO EXCEED
$17,132
Department: Public Works Department
Staff Recommendation: Council conduct the public hearing and adopt the resolution.
CITY MANAGER'S REPORTS
5. 14-0573 Employee Engagement Committee: Request concurrence to
use modified City logo and budgeted funds for the purchase of
employee pins for November event
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City Council Agenda October 14, 2014
MAYOR'S REPORTS
6. 14-0559 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING PROPOSITION 47 ON
CALIFORNIA'S NOVEMBER 2014 BALLOT AND
SUPPORTING LAW ENFORCEMENT'S EFFORTS TO
PREVENT THE EARLY RELEASE OF UP TO 10,000 FELONS
FROM STATE PRISON; FELONS WHO HAVE COMMITTED
SERIOUS OR VIOLENT CRIMES
Mayor's Recommendation: Council adopt the resolution.
COUNCILMEMBERS' COMMENTS
7. 14-0560 DEPUTY MAYOR AGUILAR
Consideration of City endorsement of the Veterans Day parade
and ceremony to be held at Veterans Elementary School in
Chula Vista on November 7, 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).
8. 14-0583 CONFERENCE WITH LEGAL COUNSEL REGARDING
EXISTING LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9 (a):
Name of case: Rosie Pena v. City of Chula Vista, San Diego
Superior Court, case number 37-2012-00074915-CU-PO-SC
ADJOURNMENT
to the Special City Council Meeting on October 20, 2014, at 6:00 p.m. at the Chula Vista
Public Library, Otay Ranch Town Center Branch, and then to the Regular City Council
Meeting on October 28, 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.
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City Council Agenda October 14, 2014
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.
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0568, Item#: A.
PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT SENIOR
VOLUNTEER PATROL COORDINATOR JACK MITCHELL ON 20 YEARS OF SERVICE TO THE
CITY OF CHULA VISTA
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0527, Item#: B.
PRESENTATION OF A PROCLAMATION TO SAN DIEGO ASSOCIATION OF GOVERNMENTS,
COMMUNITY OUTREACH COORDINATOR PAULA ZAMUDIO PROCLAIMING OCTOBER 2014
AS RIDESHARE MONTH IN THE CITY OF CHULA VISTA
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PROCLAIMING OCTOBER 2014 AS
RIDESHARE MONTH IN THE CITY OF CHULA VISTA
WHEREAS, the City of Chula Vista has been working with SANDAG and
other partners to increase the community's awareness of sustainable transportation
choices; and
WHEREAS, in May of 2014, Chula Vista was designated as a Bronze-level
Bicycle Friendly Community by the League of American Bicyclists,joining 302
other Bicycle Friendly Communities nationwide; and
WHEREAS, carpooling, vanpooling, public transit, teleworking, walking,
and bicycling are all available alternatives for community members traveling to
work, school, or around the neighborhood; and
WHEREAS, these alternative transportation options help to save money for
commuters and improve Chula Vista's air quality; and
WHEREAS, Chula Vista supports regional policies and transportation
improvements on the freeways, light rail system and arterial roadways that
encourage sustainable transportation purposes such as carpooling, vanpooling,
public transit, teleworking, walking and bicycling; and
WHEREAS, Rideshare Month is a month-long event sponsored by
iCommute, the San Diego Regional Commuting Assistance Program, to promote
alternative transportation options in the San Diego region; and
WHEREAS, community members and City employees can learn more
about alternative transportation options through the iCommute website
(www.iCommuteSD.com), which provides free carpool ride matching services,
vanpool incentives, bikeway maps, and teleworking information; and
WHEREAS, iCommute also hosted a "Rideshare Roadshow" event on
October 8th at the Chula Vista Center Mall to promote alternative transportation
options and their benefits; and
NOW, THEREFORE, I, CHERYL COX, 39th Mayor of the City of Chula
Vista, together with City Council, proclaim October 2014 as Rideshare Month and
encourage community members and City employees to take advantage of
sustainable transportation options this month and throughout the year.
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0565, Item#: C.
ACKNOWLEDGEMENT BY CHULA VISTA PUBLIC LIBRARY FOUNDATION BOARD MEMBER
CHRISTIAN DEMENT REGARDING THE FOUNDATION'S $50,000 DONATION FOR
RENOVATIONS OF "THE HUB," AN EXPANSION OF THE OTAY RANCH LIBRARY
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0576, Item#: D.
UPDATE PRESENTATION BY THIRD AVENUE VILLAGE ASSOCIATION (TAVA) EXECUTIVE
DIRECTOR LUANNE HULSIZER AND BOARD PRESIDENT CHRISTINE MOORE
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0558, Item#: 1.
APPROVAL OF MINUTES of September 23, 2014.
RECOMMENDED ACTION
Council approve the minutes.
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City of Chula Vista
Meeting Minutes - Draft
Tuesday,September 23, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
CALL TO ORDER
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 2:03 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez,
Councilmember Salas and Mayor Cox
Councilmember Bensoussan arrived at 2:04 p.m. and Councilmember Ramirez arrived at 2:21 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Retired Police Agent Martin Brady led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0545 OATHS OF OFFICE
Michael Lengyel, Growth Management Oversight Commission
Cheryl Perez and Kristine Wunder, Veterans Advisory Commission
City Clerk Norris administered the oaths of office to Commissioners Lengyel, Perez, and Wunder, and
Deputy Mayor Aguilar presented them with certificates of appointment.
B. 14-0481 PRESENTATION OF A PROCLAMATION TO KRISTINE WUNDER,
CHULA VISTA'S 2014-2015 VETERAN OF THE YEAR
Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Wunder.
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
Chief Bejarano introduced retired Police Agent Brady. Mayor Cox read the proclamation and
Councilmember Salas presented it to Mr. Brady.
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City Council Meeting Minutes -Draft September 23,2014
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
Mayor Cox read the proclamation and Councilmember Bensoussan presented it to Ms. Milbrand, Dr.
Escobedo, Ms. Butler, and Mr. Sanchez.
CONSENT CALENDAR (Items 1 - 14)
1. 14-0549 APPROVAL OF MINUTES of September 9, and 11, 2014.
Recommended Action: Council approve the minutes.
Item 2 was removed from the Consent Calendar.
3. 14-0542 ORDINANCE NO. 3320 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.
4. 14-0543 ORDINANCE NO. 3321 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.
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City Council Meeting Minutes -Draft September 23,2014
5. 14-0515 ORDINANCE NO. 3258 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.
6. 14-0501 RESOLUTION NO. 2014-178 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.
7. 14-0476 RESOLUTION NO. 2014-179 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.
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City Council Meeting Minutes -Draft September 23,2014
8. 14-0517 RESOLUTION NO. 2014-180 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.
9. 14-0548 RESOLUTION NO. 2014-181 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.
10. 14-0497 RESOLUTION NO. 2014-182 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.
11. 14-0503 RESOLUTION NO. 2014-183 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.
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
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.
Item 13 was removed from the Consent Calendar.
14. 14-0546 INVESTMENT REPORT FOR THE QUARTER ENDED JUNE 30, 2014
Recommended Action: Council accept the report.
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City Council Meeting Minutes -Draft September 23,2014
Approval of the Consent Calendar
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, to
approve staff's recommendations on the above Consent Calendar items,
headings read,text waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
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)
At the request of Councilmember Salas, there was consensus of the Council to continue the item and
request that staff reword the definition of 'Alcohol," making it clear that the definition, as stated, applied
to types of alcohol that may be considered under a permit.
13. 14-0328 RESOLUTION NO. 2014-184 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
Director of Recreation McClure presented information on the item.
Ben Vallejos, Executive Director, representing the Living Coast Discovery Center, provided information
regarding the Center and its strategic plan.
ACTION: A motion was made by Councilmember Bensoussan, seconded by
Councilmember Ramirez, that Resolution No. 2014-184 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
PUBLIC COMMENTS
There were none.
CITY MANAGER'S REPORTS
There were none.
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City Council Meeting Minutes -Draft September 23,2014
MAYOR'S REPORTS
Mayor Cox announced a back-to-school adoption event during the month of September 2014 at the
Chula Vista Animal Care Facility, as well as the upcoming Beautify Chula Vista event on October 11,
2014.
At the request of Mayor Cox, there was consensus of the Council to add an item to the agenda of
October 14, 2014 to consider a resolution in opposition to Proposition 47 on California's November 2014
ballot, related to criminal sentences.
COUNCILMEMBERS' COMMENTS
Councilmember Ramirez expressed concern regarding issues related to homelessness. Mayor Cox
stated there would be a Council workshop on the topic on November 6, 2014.
15. 14-0547 COUNCILMEMBER SALAS
Presentation of highlights from the Chula Vista Train Festival held on
August 30, 2014
Councilmember Salas gave a presentation on the recent Chula Vista Train Festival and recognized the
event's sponsors.
Deputy Mayor Aguilar congratulated Councilmember Salas on the Chula Vista Train Festival.
At the request of Deputy Mayor Aguilar, there was consensus of the Council to add an item to the
agenda of October 14, 2014 to consider City endorsement of the Veteran's Day parade and ceremony to
be held on November 7, 2014 at Veteran's Elementary School.
Mayor Cox announced that the Council would convene in closed session to discuss the items listed
below.
Mayor Cox recessed the meeting at 3:09 p.m. The Council reconvened in Closed Session at 3:17 p.m.,
with all members present.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
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
ACTION: No reportable action.
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City Council Meeting Minutes -Draft September 23,2014
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
ACTION: No reportable action.
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
ACTION: No reportable action.
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
ACTION: No reportable action.
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
ACTION: No reportable action.
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
ACTION: No reportable action.
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City Council Meeting Minutes -Draft September 23,2014
ADJOURNMENT
At 5:22 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on October 14,
2014, at 2:00 p.m., in the Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0562, 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
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p
2014-10-14 Agenda Packet �aged2 LegistarT^
File#: 14-0562, 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 10/9/2014
2014-10-14 Agenda Packet page I LegistarT^
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
2014-10-14 Agenda Packet Page 23
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.
2014-10-14 Agenda Packet Page 24
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.
2014-10-14 Agenda Packet Page 25
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.
2014-10-14 Agenda Packet Page 26
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 any beverage with a significant percentage of alcohol, greater than 1%, and
includes beer, wine, sparkling wine and spirits..
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.
2014-10-14 Agenda Packet Page 27
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
2014-10-14 Agenda Packet Page 28
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.
.......................................................................................................................................................................................................................................................................................................................................
2014-10-14 Agenda Packet Page 29
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.
2014-10-14 Agenda Packet Page 30
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.
.......................................................................................................................................................................................................................................................................................................................................
2014-10-14 Agenda Packet Page 31
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.
.......................................................................................................................................................................................................................................................................................................................................
2014-10-14 Agenda Packet Page 32
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, cleats, 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.
2014-10-14 Agenda Packet Page 33
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
2014-10-14 Agenda Packet Page 34
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:
2014-10-14 Agenda Packet Page 35
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
2014-10-14 Agenda Packet Page 36
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
2014-10-14 Agenda Packet Page 37
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0554, Item#: 3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS;
REJECTING BIDS DECLARED NON-RESPONSIVE; AWARDING THE CONTRACT FOR THE
"PHASE I - WILLOW STREET BRIDGE REPLACEMENT (WATER LINE RELOCATION) [CIP NO.
STL-384, FEDERAL PROJECT NO. BHLS-5203(016)]" PROJECT, INCLUDING ADDITIVE
ALTERNATE BID ITEMS, TO TECHCOM INTERNATIONAL, CORPORATION IN THE AMOUNT OF
$3,520,358.40; APPROPRIATING $534,900 OF NON-DEPARTMENTAL CIP FUNDS BASED ON
UNANTICIPATED REVENUE ASSOCIATED WITH UTILITY AGREEMENT WITH CITY OF SAN
DIEGO TO CIP NO. STL-384; REDUCING THE BUDGET FOR CIP NO. STL-261 BY $58,740 IN
TRANSPORTATION DEVELOPMENT IMPACT FEE FUNDS (TDIF) AND APPROPRIATING THE
EQUIVALENT AMOUNT TO CIP NO. STL-384; WAIVING CITY COUNCIL POLICY NO. 574-01;
AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN
AMOUNT NOT TO EXCEED $356,388 (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
By Resolution 2014-140 (See Attachment 1"), on July 8, 2014, the City Council rejected the bid
proposals received on May 21 , 2014 for the Phase I - Willow Street Bridge Replacement (Water Line
Relocation) [CIP No. STL-384, Federal Project No. BHLS-5203(016)] project (Project) due to various
factors and directed the Director of Public Works to re-advertise the project.
The Director of Public Works re-advertised the Project and on August 27, 2014, received three (3)
sealed bids from the re-advertisement. The Project is included in the Capital Improvement Program
for Fiscal Year 2013/2014. The proposed resolution, if approved, would 1) accept bids; 2) reject bids
declared non-responsive; 3) award the contract for the Project, including Additive Alternate Bid Items,
to TechCom International, Corporation in the amount of $3,520,358.40; 4) appropriate $534,900 of
non-departmental CIP funds based on the unanticipated revenue associated with Utility Agreement
with the City of San Diego to CIP No. STL-384; 5) reduce the budget for CIP No. STL-261 by
$58,740 in TDIF and appropriate the equivalent amount to CIP No. STL-384; and 6) waive City
Council Policy 574-01 ; and 7) authorize the expenditure of all available contingency funds in an
amount not to exceed $356,388.
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 the previously adopted Mitigated Negative Declaration, IS-10-006 for the Chula Vista
Willow Street Bridge Replacement Project on November 14, 2011 . Thus, no further CEQA
environmental review is required. In addition, the Development Services Director has reviewed the
proposed project for compliance with the National Environmental Policy Act (NEPA) in conjunction
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File#: 14-0554, Item#: 3.
with the California Department of Transportation (Caltrans), the state department designated as Lead
Environmental Agency by the U.S. Department of Transportation, Federal Highway Administration
(FHWA) for federally funded street projects. It was determined that the Project qualifies for a
categorical exclusion pursuant to Title 23 Code of Federal Regulations (CFR ) Section 771.117(d);
activity-(d)(1) [Modernization of a Street by resurfacing, restoration, rehabilitation or reconstruction].
Thus, no further NEPA environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Project Background
This waterline relocation project is the first phase of a two phase Bridge Replacement project that will
ultimately replace the existing 2-lane Willow Street Bridge with a new 4-lane bridge; the existing
bridge was constructed in 1940 and crosses the Sweetwater River. The overall project (Phase I and
11)will be advertised and awarded as two (2) separate contracts. Phase I of the project is primarily a
utility relocation project and Phase II is the actual bridge replacement work.
The improvements accomplished with Phase I of the project include relocating an existing 32-inch
water transmission line (Owner - Sweetwater Authority) and an existing 36-inch water transmission
line (Owner- City of San Diego) outside of the proposed bridge envelope. The transmission lines run
along the westerly side of the existing Willow Street Bridge and traverse the northerly end of the
bridge; the two lines also run parallel to each other and diverge towards the north end of the existing
bridge. Relocation of the two lines is needed due to conflicts with the proposed northerly bridge
abutment and bridge columns. The project also includes clearing and grubbing of the overall Bridge
Replacement project site, dewatering, environmental fencing, traffic control, and other associated
miscellaneous work items.
The Phase I improvements will be predominantly constructed within City of Chula Vista (City) and
County of San Diego (County) right-of-way. Inter-agency coordination between the City and the
County was required as well as coordination with the California Department of Transportation
(Caltrans) due to their Federal oversight role for the project.
Agreements
Utility Agreements, prepared in accordance with Federal procedures, between the City and both
water line utility owners (Sweetwater Authority and City of San Diego) have been executed and
approved by the City and Caltrans (See Attachments "2" and "3", respectively); said agreements
outline the details/responsibilities between the City and the utility owners for the Project that includes,
but are not limited to, the following items: work to be done, liability of work, performance of work, and
payment for work. Additionally, the City of San Diego's Utility Agreement includes their obligation to
pay for their requested water line betterments in the amount of$534,900.
A Joint Use Agreement between the City and the City of San Diego has also been prepared and
executed in order to formalize financial responsibilities of any future relocations associated with the
City of San Diego's water line (See Attachment 'A").
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2014-10-14 Agenda Packet Page 39
File#: 14-0554, Item#: 3.
Community Interaction
The overall Willow Street Bridge Replacement Project is supported by the Sweetwater Community
Planning Group and the Sweetwater Valley Civic Association. Extensive public and agency
interaction occurred during the development phase of this project and will continue throughout the
construction phase.
Project Re-Advertisement and Bid Proposal Results
City staff began the re-advertisement of the Project on July 25, 2014 and held a non-mandatory Pre-
Bid Meeting on August 14, 2014 to review the project requirements and receive questions regarding
the bid documents. Four (4) prime contractors were in attendance. The Director of Public Works
received and opened three (3) bids for the Project. On August 27, 2014 the bid results were (listed in
numerical order of responsive base bid amount):
CONTRACTOR BASE BID AMOUNT
1 TechCom International, Corporation (responsive) $3,486,000
2 Metro Builders & Engineers Group, Ltd. (non-responsive) $2,859,310
3 IGRFCO, Inc. (non-responsive) 1$3,595,000
Staff thoroughly reviewed all of the bid proposals received and recommend that the apparent low
bidder (Metro Builders & Engineers Group, Ltd.) and third low bidder (GRFCO, Inc.) be declared non-
responsive. Staff determined that their bid proposals failed to meet the Disadvantaged Business
Enterprise (DBE) Goal and did not satisfactorily demonstrate a DBE Good Faith Effort. The funding
source (Federal Highway Administration Funds) requires bidders to meet the goal in utilizing DBE's
or make good faith efforts in attempting to secure DBE's.
Staff determined the bid package submitted by TechCom International, Corporation (second low bid)
was complete, with no errors or omissions. Additionally, the 11.7% DBE goal set for the Project was
achieved by TechCom International, Corporation.
Additionally, City staff checked the references submitted by TechCom International, Corporation and
all references verified their work has been satisfactory. TechCom International, Corporation is a
licensed General Engineering (Class A) and General Building (Class B) Contractor with a current and
active License No. 824687.
The lowest responsive base bid amount submitted by TechCom International, Corporation is above
the Engineer's estimate of$1,910,000 by $1,576,000 (approximately 82.51%).
For the re-advertisement, City staff provided modifications to the originally advertised contract
documents in an effort to reduce construction costs to an amount closer to the Engineer's Estimate.
The re-advertised project addressed issues with the construction schedule requirements/penalties
and facilitated the solicitation of sub-consultant quotes for environmental oversight. The estimated
costs for the civil work and water transmission line items of the Engineer's Estimate were compiled
by City staff and the design consultant (Kimley-Horn), respectively. However, based on the base bid
proposal amounts received from the re-advertisement, City staff has determined that the Engineer's
Estimate still underestimated the actual construction costs of the Project and that the bid proposals
received reflect the "true" construction costs. The existing alluvial soil environment and construction
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2014-10-14 Agenda Packet Page 40
File#: 14-0554, Item#: 3.
within the Sweetwater River as well as waterline material costs appear to have increased
construction costs substantially.
Additive Alternate Bid Items were also included in the bid proposal for the Project, but were not
considered in determining the lowest responsive bidder. The Additive Alternate Bid Items to be
included with the contract are for additional items related to the City of San Diego's water line
betterments and maintenance of the stormwater Best Management Practices (BMP's) to overlap
Phase II construction (Additive Alternate Bid Item No's. 1 , 2 and 9). The recommended contract
award amount (cumulative total of the base bid amount and additive alternate bid items amount) is
summarized in the table below for each bid proposal (listed in numerical order of responsive base bid
amount):
CONTRACTOR BASE BID ADDITIVE CONTRACT
AMOUNT ALTERNATE AWARD
BID ITEMS AMOUNT
1 TechCom International, Corporation $3,486,000 $34,358.40* $3,520,358.40
(responsive)
2 Metro Builders & Engineers Group, Ltd. $2,859,310 $86,620* $2,945,930
(non-responsive)
3 GRFCO, Inc. (non-responsive) $3,595,000 $30,000* $3,625,000
*Includes Additive Alternate Bid Item No's. 1, 2 and 9 only.
Staff recommends awarding the construction contract, which includes the Additive Alternate Bid
Items, to TechCom International, Corporation in the amount of$3,520,358.40.
Change Orders
The proposed resolution would also authorize the Director of Public Works to approve change orders
over and above existing policy limits. Under City Council Policy No. 574-01 , if an individual change
order causes the cumulative increase in change orders to exceed the Director's authority ("Maximum
Aggregate Increase in Change Orders"), then City Council approval is required. The corresponding
maximum aggregate contract increase that may be approved by the Director of Public Works under
Policy No. 574-01 is $199,018. Approval of the resolution would increase the Director of Public
Works' authority to approve change orders, as necessary, up to the contingency amount of$356,388,
an increase of $157,370 over Policy No. 574-01. Increasing the contingency funds will allow staff to
continue the project without delay should unforeseen circumstances resulting in increased project
costs arise during the course of construction, as well as make adjustments to bid item quantities.
Unforeseen conditions include such items as utility conflicts, hazardous materials, other unexpected
underground conditions, etc. If the contingency funds are not used, then they will be returned to the
project fund balance.
Wage Statement
This is a federally funded project. The Contractor that is awarded the contract and its subcontractors
are required to pay prevailing wages to persons employed by them for work under this contract. The
prevailing wage scales are those determined by the U.S. Federal Department of Labor Relations
(Davis-Bacon) and those determined by the Director of Industrial Relations, State of California. The
Contractor is obligated to pay the higher of the two wage determinations (hourly rate plus fringe
benefits) for each applicable craft or classification.
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p
2014-10-14 Agenda Packet �aged4 LegistarT^
File#: 14-0554, Item#: 3.
Disclosure Statement
Attachment "5" is a copy of the Contractor's Disclosure Statement.
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 (See Attachment
"6"). 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 Phase I - Willow
Street Bridge Replacement (Water Line Relocation) [CIP No. STL-384, Federal Project No. BHLS-
5203(016)] project supports the Strong and Secure Neighborhoods Strategic Goal as it improves
safety from traffic and floods to the residences and pedestrians, as well as it creates appealing
communities to live, work, and play. This project is also included in the 2012 Regional Transportation
Improvement Plan as CHV08.
CURRENT YEAR FISCAL IMPACT
The funding sources for this project are a combination of the City's Transportation Development
Impact Fee (TDIF) program, a betterment deposit from the City of San Diego, and a grant from the
Highway Bridge Program (HBP) (the HBP will reimburse 88.53% of the eligible construction costs).
The tables below summarize the costs required for project construction and the funds available for
project construction:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $3,520,358.40
B. Contract Contingency $356,388
C. Construction Engineering Cost (Inspectio $534,583
Surveying, Environmental Monitoring, Geote
TOTAL FUNDS REQUIRED FOR CONSTR $4,411,329.40
FUNDS AVAILABLE FOR CONSTRUCTION
A. Highway Bridge Program (HBP) Funds $3,609,412
B. Transportation Development Impact Fee (-$208,278
C. TDIF Transfer from CIP No. STL-261 to CI$58,740
D. Contribution from City of San Diego for Be$534,900
TOTAL FUNDS AVAILABLE FOR CONSTR$4,411,330
The above action of awarding the contract will authorize a total expenditure of $4,411 ,329.40 for
construction of the Project (CIP No. STL-384). There is currently $3,609,412 and $208,278 of
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File#: 14-0554, Item#: 3.
available HBP and TDIF funds in the project's account, respectively. The following transfers and
appropriations into CIP No. STL-384 are recommended to provide sufficient funds for costs
associated with the Project construction:
• $534,900 from Non-Departmental CIP (contribution from City of San Diego)
• $58,740 (rounded) from CIP No. STL-261 (TDIF)
Therefore, there is no additional impact to the HBP and TDIF funds.
ONGOING FISCAL IMPACT
Since the water transmission lines are owned by the Sweetwater Authority and City of San Diego, no
additional funds will be required.
ATTACHMENTS
1. Resolution 2014-140
2. Utility Agreement No. STL261-2 between the City and Sweetwater Authority
3. Utility Agreement No. STL261-1 between the City and City of San Diego
4. Joint Use Agreement between the City and City of San Diego
5. Contractor's Disclosure Statement
6. Decision-Maker Conflicts Map
Staff Contact: William S. Valle,Assistant Director of Engineering/City Engineer(Department of Public Works-Engineering)
City of Chula Vista Page 6 of 6 Printed on 10/9/2014
2014-10-14 Agenda Packet Page 43
RESOLUTION NO. 2014-140
RESOLUTION OF THE CITE' COUNCIL OF THE CITY OF
CHULA VISTA REJECTING BIDS FOR THE "PHASE I —
WILLOW STREET BRIDGE REPLACEMENT (WATER LINE
RELOCATION), IN THE CITY OF CHULA VISTA, CALIFORNIA
[CIP NO. STL-384), FEDERAL PROJECT NO. BHLS-5203(016)1"
PROJECT
WHEREAS. on May 21- 2014- the Director of Public Works received two (2) sealed bids
for the "Phase I — Willow Street Bridge Replacement (Water Line Relocation), in the Cite of
Chula Vista California [CIP No. STL-384; Federal Project No. BHLS-5203(016)1" project; and
WHEREAS. the sealed bids received are as follows:
CONTRACTOR BASE BID
AMOUNT
1 I JUST Construction; Inc. 1 52.397,233.00
2 1 TC Construction, Inc. S3.834.285.00
WHEREAS, the bid proposals submitted by JUST Construction. Inc. and TC
Construction, Inc. are above the Engineer's Estimate of$1,910.000 by $487.233 (approximately
25.5%) and $1.924,283 (approximately 100.7%). respectively; and
"MHEREAS. Cite staff reviewed the two (2) bid proposals received and. based on the
significant deviation from the Engineers Estimate and the following factors. recommends
rejecting the bids:
JUST Construction. Inc.
• Failure to submit all of the required bid documents (did not submit Addendum1);
and
• Mathematical discrepancy (A discrepancy between words and figures in bid
proposal).
TC Construction. Inc.
• Mathematically unbalanced bid (bid does not reflect reasonable
profit/overhead/indirect costs); and
• Materially unbalanced bid (the contractor's' bid is significantly higher than the
Engineer's Estimate); and
WHEREAS. staff believes that by making certain adjustments to the project, such as
changing the construction schedule, facilitating the solicitation of sub-consultant quotes and
increasing allowable shutdown days for utilities; the City could obtain bids closer to Engineer's
Estimate.
2014-10-14 Agenda Packet Page 44
Resolution No. 2014-140
Page No. 2
NOW. THEREFORE, BE IT RESOLVED that the Cite Council of the Cite of Chula
Vista does hereby reject the bid proposals received for the "Phase I — Willo\v Street Bridge
Replacement (Water Line Relocation), in the City of Chula Vista California [CIP No. STL-384,
Federal Project No. BHLS-5203(016)]" project due to various factors and directs the Director of
Public Works to re-advertise the project.
Presented by Approved as to form by
ichard op �� s G1 �R.= ns
Di rector of P is Works Cit
PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California, this 8th day of July 2014 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez. Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Mayor
ATTEST:
Donna R. Norris, MC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Donna R. Norris, City Clerk of Chula Vista. California, do hereby certify that the foregoing
Resolution No. 2014-140 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of July 2014.
Executed this 8th day of Julv 2014.
D pitvCleprk _
2014-10-14 Agenda Packet Page 45
®tip
CITY® De artment of Public Works
CHID VISTA 1'
County Route P.M. Project 9#
SAN DIEGO N/A N/A STL-384
FEDERAL AID NUMBER: BHLS-5203(016) OWNER'S FILE:
FEDERAL PARTICIPATION: On the Project: Yes On the Utilities: Yes
UTILITY AGREEMENT No. STL261-2 DATE: July 12,2013
The CITY OF CHULA VISTA, hereinafter called "LOCAL AGENCY", proposes to
replace the existing 2-lane bridge with a 4-lane bridge on Willow Street ("Project") in the
City of Chula Vista, County of San Diego, California.
And:
The SWEET WATER AUTHORITY, hereinafter called "OWNER", owns and
maintains existing 30—inch to 42-inch water transmission lines within the limits of the
Project ("Existing Line"). In order to accommodate the Project, the Existing Line must be
relocated
It is hereby mutually agreed that:
I. Work To Be Done
In accordance with Notice to Owner No. STL261-2, dated July 12, 2013, attached
hereto, LOCAL AGENCY shall relocate the Existing Line as shown on LOCAL
AGENCY's contract plans for the "Willow Street Bridge Replacement - Water Line
Relocation"project; City of Chula Vista Drawing No's. 12012-01 thru 1201211, which by
this reference are made a part hereof. OWNER hereby acknowledges review of LOCAL
AGENCY's plans for work and agrees to the construction in the manner proposed.
Deviations from the plan described above initiated by either the LOCAL AGENCY or
the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to
OWNER or LOCAL AGENCY ("Revised Notice"), respectively. Such Revised Notices
approved in writing by the recipient thereof and acknowledged by the sender, will constitute
an approved revision of the plan described above and such revisions are hereby made a part
hereof.No work under said deviation shall commence prior to receipt of the Revised Notice
to the applicable recipient. Changes in the scope of the work will require an amendment to
this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to
inspect the work during construction. Upon completion of the work by LOCAL AGENCY
in accordance with the plans and specification or as such may have been modified by the
parties, OWNER agrees to accept ownership and maintenance of the constructed facilities
and relinquishes to LOCAL AGENCY ownership of the Existing Line.
Page 1 of 3 j
i
I
I
ngineerin aW r yVAAMrff,&�ula Vista,CA 91910 (619) 691-5021 fax (619) 691-5171
www.cFAfftJAstaca.gov
Operations-1800 Maxwell Road,Chula Vista,CA 91911 (619) 397-6000 I fax (619) 397-6259
Utility Agreement No. STL261-2 July 12,2013
II. Liability for Work
The existing line is located in its present position pursuant to prescriptive rights prior
and superior to those of the LOCAL AGENCY and will be relocated at LOCAL
AGENCY's expense.
1111.Performance of Work
OWNER shall have access to all phases of the relocation work to be performed by
LOCAL AGENCY for the purpose of inspection to ensure that the work is in accordance
with the specifications contained in the Utility Agreement; however, all questions regarding
the work being performed will be directed to LOCAL AGENCY's Resident Engineer for
their evaluation and final disposition.
LOCAL AGENCY shall ensure that the work performed in accordance with this
agreement is warranted for a period of not less than one year from the date of the
completion of the work for all defects, both patent and latent, and that the OWNER shall be
included as a beneficiary of the warranty, such that it shall have all rights associated with
the enforcement thereof In addition, LOCAL AGENCY shall ensure that OWNER is
identified as additional indemnitee in any contracts for the work performed under this
agreement.
IV.Payment for Work
The LOCAL AGENCY shall perform the work under Section I above at no expense to
OWNER except as hereinafter provided.
It is understood and agreed that the LOCAL AGENCY will not pay for any
betterment or increase in capacity of OWNER's facilities in the new location and that the
LOCAL AGENCY may retain the salvage value of any material or parts salvaged and
retained or sold by LOCAL AGENCY.
In addition, the LOCAL AGENCY shall pay the OWNER for all costs associated
with the administration, construction submittal reviews, coordination, and inspection
during the construction of the new water pipeline. The LOCAL AGENCY shall pay the
actual and necessary costs of the herein described work within 45 days after receipt of the
OWNER's itemized bill
Page 2 of 3
I
2014-10-14 Agenda Packet Page 47
I
3
Utility Agreement No. STL261-2 July 12,2013
V. General Conditions
"It is understood that said highway is a federal aid highway and accordingly, 23CFR
Chapter 1, Part 645 and 23 U.S.C., section 313 as applicable, is hereby incorporated into
this agreement."
"The Buy America requirements are further specified in the Moving Ahead for
Progress in the 21"Century(MAP-21), section 1518." �
i
"City hereby certifies that all manufacturing processes for these steel and iron
materials, including the application of coatings (unless granted a waiver pursuant to 23
CFR 635.4 10), have occurred in the United States."
All costs accrued by OWNER as a result of LOCAL AGENCY's request to review,
study and/or prepare relocation plans, construction inspection, and estimates for the project
associated with this Agreement may be billed pursuant to the terms and conditions of this
Agreement.
Upon completion of the work to be done by LOCAL AGENCY in accordance with
the above-mentioned plans and specifications,the new facility shall become the property of
OWNER, and OWNER shall have the same rights in the new location that it had in the old
location. The LOCAL AGENCY shall provide as-built drawings to the OWNER
(electronic and drawings on Mylar film) to the OWNER within 90 days from the
acceptance date of the work described herein.
IN WITNESS WHEREOF,the above parties have executed this Agreement the day
and year above written.
1
CITY OF CHULA VISTA SWEETWATER AUTHORITY
I
1
By: -- � ' By: .
Ric " rd iris ames L. S h
Director ofP tic Wq s,,,,1_1_/_' C,1eneral Manager
Approved as Al
form:
By: 3 .
en R. Googins
{
LotyXtforney
1:53rveWSiL Proje (Wilma 81&SUI14(Wale,Line Belo,»571251 win—street BeEdmvoe ihs tan.elRlghl4 Way-WIty R elocatloiulSweKwaterANhorhy\STL-261 U1311y Ag.eemen;{5WA{,dac
Distribution: 1)Owner,2)Utility Coordinator,3)DLAL—File,4)District Utility Coordinator---File
Page 3 of 3
2014-10-14 Agenda Packet Page 48
..... �. ORIGINAL...... .
f
CITY OF
CHULA VISTA Department of Public Works
County Route P.M. Project#
SAN DIEGO N/A N/A STL.-3$4
FEDERAL AID NUMBER: BHLS-5203(016) OWNER'S FILE:
FEDERAL PARTICIPATION . On the Project: Yes On the Utilities: Yes
UTILITY AGREEMENT No. STL261-1 DATE: December 4, 2013
The CITY OF CHULA VISTA, hereinafter called "LOCAL AGENCY", proposes
as part of its CIP No. STL-261 Willows Street Bridge Replacement Project ("Project")to
replace the existing 2-lane bridge with a 4-lane bridge on Willow Street in the City of
Chula Vista, County of San Diego; California.
and maintains
er called OWNER owns�
The CITY OF SAN DIEGO hereinalt a ,
an existing 36-inch water transmission line within the limits of the Project ("Existing
Line"). In order to accommodate the Project, the Existing Line must be relocated.
OWNER desires to upsize the Existing Line to a 48-inch line.
LOCAL AGENCY and OWNER (collectively "P• " here g•
that: DOCUMENT f �
FILE !
OFFICE OF THE CITY CLERK
I. Work To Be Done SAID DIEGO, CALIFORNIA
In accordance with Notice to Owner No. STL261-1, dated December 4, 2013,
attached hereto as Exhibit A, LOCAL AGENCY shall relocate the Existing Line as
shown on LOCAL AGENCY's contract plans and specifications for the Project and City
of Chula Vista Drawing Nos. 12012-01 that 12012-12, which by this reference are made
a part hereof. OWNER hereby acknowledges review of LOCAL AGENCY's plans and
specifications for the relocation work and agrees to the construction in the manner
proposed.
Deviations frorn the plans and specifications described above that are initiated by
either the LOCAL AGENCY or the OWNER shall be agreed upon by both parties hereto
under a Revised Notice to OWNER or to LOCAL AGENCY ("Revised Notice"),
respectively. Such Revised Notices, once approved by the recipient thereof and
acknowledged by the sender, will constitute an approved revision of the plans and
specifications described above and such revisions are hereby made a part hereof. No wont
under said deviation shall commence prior to receipt of the Revised Notice by the
applicable recipient. Changes in the scope of the work will require an amendment to this
Engineerin&o�Z-�E-q r yy,q,npcQalla Vista,CA 91910 (619) 691-5021 fax (619) 691-5171
www.cl?iikV-�%taca.gov
Operations-1800 Maxwell Road,Chula vista,CA 91911 I (619) 397-6000 I fax (619) 397-6259
Agreement in addition to the Revised Notice. OWNER shall have the right to inspect the
work during construction.Upon completion of the relocation work by LOCAL AGENCY
and passing OWNER's inspection, OWNER agrees to accept ownership and maintenance
of the constructed facilities and relinquishes to LOCAL AGENCY ownership of the
Existing Line.
l
Upon completion of the relocation work to be done by LOCAL AGENCY under this
Agreement and its acceptance by the OWNER,the new facility shall become the property of
OWNER. The LOCAL AGENCY shall provide as-built drawings (electronic and
drawings on Mylar film) to the OWNER within ninety (90) calendar days from the date
of acceptance of the facility by the OWNER.
In lieu of granting OWNER an easement for the new facility, LOCAL AGENCY
has executed a Joint Use Agreement with OWNER setting forth OWNER's rights
regarding the use, operation and maintenance of the new facility within LOCAL
AGENCY's Willow Street right-of-way and LOCAL AGENCY's rights regarding the i
affected section of that right-of-way.
l
j
11. Liabifijy for Work
The Existing Line will be relocated at LOCAL AGENCY's expense. Costs of
relocation of the Existing Line shall not include the Betterment Cost described in Section
IV,below.
111.Performance of Work
OWNER shall have access to all phases of the relocation work to be performed by
LOCAL AGENCY for the purpose of inspection to ensure that the work is performed in
accordance with the Projects's plans and specifications and this Agreement. All questions
and comments regarding the work being performed will be directed to LOCAL
AGENCY's Resident Engineer for their evaluation and final disposition.
IV.Payment for Work
The LOCAL AGENCY shall perform the work under Section I above at no expense
to OWNER,except as hereinafter provided.
OWNER has requested that the LOCAL AGENCY upsize the existing 36"
transmission line with a 48" transmission line to provide increased capacity to satisfy
future demands; install new 12"Tee and 12" gate valve on the 48"transmission line; and
install 16" Tee and 16" butterfly valve on Sweetwater Authority's transmission line E
(collectively "Betterments") as part of the Project. OWNER shall pay the LOCAL
AGENCY for the costs of the Betterments (`Betterment Cost"). The Betterment Cost
f
2014-10-14 Agenda Packet Page 50
shall be calculated as follows:
Betterment Cost = Bid (48" line item— 36" line item), 12" Tee, 12" gate valve, 16"
Tee, and 16" butterfly valve + 12" increase encasement item + 12"
increase slurry baekfzll item
The Estimated Betterment Cost is $150,000. Prior to the bid opening for the Project
and upon demand of the LOCAL AGENCY, OWNER shall deposit with the LOCAL
AGENCY the Estimated Betterment Cost ("Deposit").
In the event that the Betterment Cost identified in the lowest responsible bid ("Bid.")
exceeds the Deposit, OWNER shall supplement the Deposit by paying the difference
between the Deposit and the Bid amount for the Betterment Cost to the LOCAL
AGENCY. The supplemental deposit shall be made prior to commencement of work.
If the Betterment Cost subsequently exceeds the Deposit, LOCAL AGENCY shall
discuss with OWNER the reason for the increase in cost and obtain OWNER's consent
prior to implementing or authorizing any change in the work. OWNER shall supplement
the Deposit by the amount of the agreed-upon increase in Betterment Cost prior to
LOCAL AGENCY performing the work.
i
The Deposit shall be drawn down in the following manner:
1. Following the receipt of an invoice from the Contractor, LOCAL AGENCY
will determine the amount of the invoice that is associated with the Betterments
("OWNER's Charges").
2. The LOCAL AGENCY will then deduct the OWNER's Charges less
withholding from the Deposit.
3. On a monthly basis, the LOCAL AGENCY will submit a summary of the i
OWNER's Charges incurred.
4. Withholding shall be paid in the manner identified in the construction contract
and deducted from the Deposit at such time.
Following the completion and acceptance of the Betterments, the LOCAL
AGENCY shall conduct an accounting of the actual charges associated with the
Betterments ("Actual Betterments Cost"). The Actual Betterments Cost shall be based
upon the actual quantities installed as determined by the LOCAL AGENCY's engineer.
In the event that the Actual Betterments Cost exceeds the amount of the Deposit, the
LOCAL AGENCY shall invoice the OWNER for the difference, and the OWNER shall
remit such amount to the LOCAL AGENCY within forty five (45) calendar days. If the
Actual Betterments Cost is less than the Deposit, the LOCAL AGENCY remit the
difference to the OWNER within forty five (45)calendar days.
LOCAL AGENCY shall be responsible for all costs accrued by OWNER associated
with the administration, construction submittal reviews, coordination, and inspection
during the construction of the new water pipeline. These costs shall be credited to
2014-10-14 Agenda Packet Page 51
is
. r.
ORIGINAL .
OWNER against its Deposit; LOCAL AGENCY shall make payment to OWNER for any
costs in excess of the Deposit. Payment shall be made within forty five (45) calendar days
after receipt of the OWNER's itemized bill.
V. General Conditions
i'.
"It is understood that said highway is a federal aid highway and accordingly,
23CFR, Chapter 1, Part 645 and 23 U.S.C., section 313 as applicable, is hereby
incorporated into this agreement."
"The Buy America requirements are further specified in the Moving Ahead for
Progress in the 21St Century (MAP-21), section 151$."
I
"LOCAL AGENCY hereby certifies that all manufacturing processes for these steel j
and iron materials, including the application of coatings (unless granted a waiver
pursuant to 23 CFR 635.410), have occurred in the United States."
IN WITNESS WHEREOF,the above parties have executed this Agreement as of the
date of the last party to sign.
i
CITY OF CHULA VISTA CITY OF SAN DIEGO
By: BY:
Rich rd A. opkins W. Downs Prior
Director of Public Works Principal Contract Specialist
Public Works Contracting
y
Date: Date: C O 1
ApprovVas orm and le ality:
AN I. GOLDSMITH
City Attorne
i
By: !� By:
Glen R. oogins ep1 it ttorney
Ci7 At orney
Date: Date: r� r
}}addfs\soar-ShareRAtiomey\9rol.avi Pocumeal�irectory\2013-12W6}Co:Nracls•hgreemeau5681529 2.dac
Distribution: 1)Owner,2)Utility Coordinator,3)DLAE—t=ile,4)District Utility Coordinator—File
2014-10-14 Agenda Packet Page 52
�1�If
CITY OF
Department of Public Works
CHULA VISTA p
NOTICE TO OWNER Exhibit "A"
No. STL261-1 COUNTY ROUTE/ POST PROJECT#
STREET MILE
SAN DIEGO N/A N/A STL-384
Federal Aid No. BHLS-5203(016)
Owner's Plan No. City of Chula Vista Drawing No's. 12012-01 thru 12
Date: December4,2013 "Qn-System" Yes El No [S
To: City of San Diego From: City of Chula Vista
Engineering&Program Management Division 276 Fourth Avenue
9192 Topaz Way,MS 901 Chula Vista, California 91910
San Diego, California 92123
Due to the "Willow Street Bridge Replacement Project" that will replace the existing Willow
Street bridge f r om a 2-lane bridge to a 4-lane bridge, in the City of Chula Vista,
County of Sa n
Diego, and which affects your existing 36-inch water transmission line as shown on City of Chula
Vista Drawing No's. 12012-01 thru 12:
The City of Chula Vista will relocate the existing 36-inch water transmission line in accordance with
the referenced construction plans.
The work duration shall be sixty(60)working days and shall commence after the project is awarded by
the City of Chula Vista to their contractor and in accordance with the approved project schedule. I
Liability is 100% the City of Chula Vista pursuant to the prescriptive/prior rights the City of San
Diego possesses for their existing 36-inch water transmission line.
Owner Rep: Harry Hermon P.E.
Engineering&Program Management Division
Public Utilities Department
Cc: Resident Engineer By: Q1
Permit e ~uis Gornez E. P.L.S. is
Project Ma
City of Chula Vista
THIS NOTICE DOES NOT CONSTITUTE PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK.
Distribution: ])Owner,2)Utility Coordinator—File,3)RE—File
3:NSts"ey4STL FrojeeOSTL261(Willow Br.)&STL384(Water Line Relo.)NSTL261(Willow Street Bridge)1Loeal MsistaoeoTigltl ofWay-Utility ReloeatioF0093,of
San DiegalSTL 161 Not.to OWner(City of S,D.).dor
Engineering(ylW-J(rg14*eiRffWcUlula Vista,CA 91910 (619) 691-5021 fax (619) 691-5171
www.cigalsv%taca.gov
Operations-1800 Maxwell Road,Chula Vista,CA 91911 [ (619) 397-6000 ( fax (619) 397-6259 l
(R-2014-37J)
RESOLUTION NUMBER R-_3_0
DATE OF FINAL PASSAGE ,SAN 2 2014
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN DIEGO AUTHORIZING THE UTILITY AGREEMENT
WITH THE CITY OF CHULA VISTA AND THE JOINT USE
AGREEMENTS WITH THE CITY OF CHULA VISTA AND
THE COUNTY OF SAN DIEGO FOR THE WILLOW STREET
BRIDGE WATER PIPELINE RELOCATION PROJECT; AND
TAKING RELATED ACTIONS.
WHEREAS the City f Chula Vista Chula Vista has a project to replace its Willow
a
p J
tY ( p
Street Bridge and requires the relocation of the City of San Diego's (San Diego) 36-inch Otay
2nd Water Transmission Pipeline; and
WHEREAS San Diego and Chula Vista desire to enter into a Utility Agreement setting
WHEREAS, g Y �' g
forth the terms and conditions by which San Diego's water pipeline will be relocated at Chula
Vista's expense and upsized to a 48-inch pipe at San Diego's expense; and
WHEREAS, San Diego desires to enter into Joint Use Agreements with Chula Vista and
the County of San Diego (County), setting forth the terms and conditions by which San Diego's
�I
1
relocated pipe will exist within the respective rights-of-way of Chula Vista and County; NOW,
THEREFORE,
BE IT RESOLVED,by the Council of the City of San Diego as follows:
1. That the Council President in 1-s capacity under Charter section 265(1), or his
designee, is authorized to execute, for and on behalf of the City of San Diego, Utility Agreement
No. STL-261-1 with Chula Vista for the relocation and upsizing of San Diego's 36-inch Otay
2nd Water Transmission Pipeline, in the amount not to exceed $150,000 (Utility Agreement).
f
-PAGE I OF 3-
2014-10-14 Agenda Packet Page 54
(R-2014-373)
2. That the Council President in his capacity under Charter section 265(i), or his
designee, is authorized to execute, for and on behalf of the City of San Diego, Joint Use
Agreement No. STL-384 with Chula Vista for the joint use of the area common to San Diego's
relocated pipe and Chula Vista's right-of-way.
3. That the Council President in his capacity under Charter section 265(i), or his
designee,is authorized to execute, for and on behalf of the City of San Diego, Joint Use
Agreement(Parcel No. 2013-0215-A)with the County for the joint use of the area common to
San Diego's relocated pipe and County's right-of-way.
4. That the Chief Financial Officer is authorized to expend funds in an amount not to
exceed$266,000 from A-KB.00003 Annual Allocation Water Main Replacements, Fund 700010,
Water,for the purpose of funding the aforementioned Utility Agreement and costs related to the
water pipeline relocation project,provided that the Chief Financial Officer furnishes one or more
certificates demonstrating that funds necessary for expenditure are, or will be, on deposit in the
City Treasury. J
l
APPROVED: JAN 1. GOLDSMITH, City Attorney
By
ere y A. J
D
it City of ey
JAJ:cw
12111/13
Or.Dept: Public Utilities -Water
CC No.: NIA
Doc.No.: 688897
-PAGE 2 OF 3-
2014-10-14 Agenda Packet Page 55
(R-2014-373)
I hereby certify that the foregoing Resolution was passed by the Council of the City of
San Diego, at this meeting o
ELIZABETH S. MALAND
City Clerk
By ,�
Deputy Y�u Cit rl
1� �'
Approved pursuant to Charter section 265(i):
pp p
(date) TODD GLORIA, Council President
I
-PAGE 3 OF 3-
2014-10-14 Agenda Packet Page 56
Passed by the Council of The City of San Diego on DEC 17 201 ,by the following vote:
Councilmembers Yeas Nays Not Present Recused
Sherri Lightner ❑ ❑ ❑
Kevin Faulconer ❑ ❑ ❑
Todd Gloria �` ❑ ❑ ❑
Myrtle Cole ❑ ❑ ❑
Mark Kersey l 11 ❑
Y
I
Lorie Zapf ❑ ❑ ❑
Scott Shennan k ❑ ❑ ❑
David Alvarez ❑ ❑ ❑
Marti Emerald ❑ ❑ ❑
I
Date of final passage JAN 2 7014
( PP Y Y
Please note: When a resolution is approved b the Council President as interim Mayor, the date of final
passage is the date the approved resolution was returned to the Office of the City Clerk.)
TODD GLORIA,COUNCIL PRESIDENT
Is
AUTHENTICATED BY: as interim Mayor of The City of San Diego, California.
Ali
II
ELIZABETH S. MALAND
{Sea]) City Clerk of The City of San Diego, California.
By _,Deputy
r
j
1.
Office of the City Clerk, San Diego, California
E
Resolution Number R- 308679
2014-10-14 Agenda Packet Page 57
i
Passed by the Council of The City of San Diego on December 17, 2013 by the following
vote:
YEAS: LIGHTNER, FACULCONER, GLORIA, COLE, KERSEY, ZAPF,
SHERMAN,ALVAREZ,EMERALD.
NAYS: NONE.
NOT PRESENT: NONE.
VACANT: NONE.
RECUSED: NONE.
AUTHENTICATED BY:
TODD GLORIA, COUNCIL PRESIDENT
as Interim Mayor of The City of San Diego, California
ELIZABETH S. MALAND
City Clerk of The City of San Diego, California
(Seal)
By: Peggy Rogers , Deputy i
{I
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. R-3 Council f h
08679 approved by the Counc o the City of San Diego, California on
December 17,2013, and approved pursuant to Charter section 265 (i) on January 2, 2014.
ELIZABETH S. MALAND
City Clerk of The City of San Diego, California
(SEAL)
By r ' , Deputy
2014-10-14 Agenda Packet Page 58
""' r" IGINAL
U0
Recording Requested by, and
When Recorded Mail to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, Ca 91912
SPACE ABOVE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX$-0-EXEMPT STL-384
Signature of declarant or agent determining tax-Firm name
JOINT USE AGREEMENT
- DEC 417 2013
THIS JOINT USE AGREEMENT ("Agreement") is entered into as of this day
of by and between the CITY OF SAN DIEGO, a municipal
corporation ("San Diego"), and the City of Chula Vista, a Municipal Corporation ("City")
(collectively"Parties"). This Agreement is made with reference to the following facts:
A. WHEREAS, San Diego is the owner and operator of a 36-inch water line and
appurtenances ("Facility") that is located in the City within the right-of-way for Willow
Street southeast of Sweetwater Road("right-of way"); and
B. WHEREAS, said Facility is being relocated to another location within said City right-of-
way and is being reconstructed to accommodate the City's construction of the Willow
Street Bridge Project (STL-384), which new location (hereinafter "New Location")
within City right-of-way is described on the legal description attached hereto as Exhibit
"A" and shown on the plat attached hereto as Exhibit"B", and
C. WHEREAS, the portion of the Facility located within the right-of-way will be abandoned
in place and replaced with up to a 48-inch diameter pipe in the New Location, and the
abandoned pipeline shall be completely slurry sealed to prevent ground disturbance from
the failure of the pipe, and
D. WHEREAS, the parties hereto wish to provide for the joint use of the area common to the
relocated Facility and the City right-of-way for the co ruction, operation and
FI€-E_
2014-10-14 Agenda Packet I OFFICE O HE,CI irY �,i ERK
I SAN DIEGO, CALIFORNIA Rage 59
i
maintenance of both Parties' facilities on, over, under, across and through the herein
described area.
NOW THEREFORE, in consideration of the foregoing and the terms and conditions set
forth herein, San Diego and City mutually agree as follows:
1. City agrees that San Diego may operate, maintain, repair and replace its relocated
and upsized Facility in, over, upon and across the New Location, subject to the terms and
conditions herein.
2. In the event that future use or alteration of said right-of-way b Cit for streets or
Y Y
public improvements incidental thereto shall at any time or times necessitate a rearrangement,
relocation or reconstruction of the herein described Facility including the acquisition of
additional easement area if necessary, then such work and/or acquisition shall be performed by
City or by another party with the consent of San Diego, at Chula Vista's sole cost and expense.
3. In the event that the future use or operation of the herein described Facility by San
Diego shall at any time or times necessitate the rearrangement, relocation or reconstruction of
City's right-of-way, including without limitation the acquisition of additional easements, such
work and/or acquisitions shall be performed by San Diego or by another party with the consent
of City, at San Diego's sole cost and expense.
4. If City hereafter vacates, in whole or in part the right-of-way at the New Location,
City shall, in the vacation proceedings, reserve to San Diego an easement over all of the New
Location as necessary for the continued operations of San Diego's Facility.
6. If San Diego hereafter abandons the Facility, in whole or in part, at the New
Location, San Diego shall quitclaim all rights, title and interest in said right-of-way, to the extent
E
of such abandonment, back to City. City hereby agrees that San Diego may abandon in place E
underground facilities, provided that any remaining conduits are completely slurry filled. Any
such abandonment in place shall require the prior written approval of City, which approval shall
not be unreasonably ithheld. Abandonment in lace may be refused where abandonment may
Y place Y
adversely impact the use, operation or maintenance of the right-of-way.
7. All uses of the herein described areas by either party shall not permanently
I
interrupt the use or operation of the right-of-way or Facility. Uses by either party that result in
the temporary interruption of the use by the other party will only be made when reasonably
necessary, will be promptly terminated as soon as the necessity no longer exists and subject to
mitigation at the sole cost and expense of the party interrupting use.
f
1
I
2
2014-10-14 Agenda Packet Page 60
i
8. Except as expressly set forth herein, this Agreement shall not in any way alter,
modify, or terminate any of the existing rights of the City in the right-of-way.
9. This Agreement shall inure to the benefit of and be binding upon the successors
and assigns of both parties.
(Signature Page Follows)
e
i
i
I
I
- 3 -
2014-10-14 Agenda Packet Page 61
ORIGINAL
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
by its respective duly authorized representative.
City f San City of�2w-t�t By: - By: F_
owns Prior
Principal Contract Specialist --S�es s ` �
Date: L Date: ,. .
Approved as to form and legality: Approve as'Ao form 'dTe alit
Jan I Goldsmi, City Attney Glen R. ogins, Ci �Atto
By: By:By: ,.
p/ �fy CitAO rney uty City 3 ttorney
V
d
Date: Date: , 3
- 4 E
2014-10-14 Agenda Packet Page 62
ACKNOWLEDGEMENT
i
i
State of California
County of San Diego
On the 5th day of December, 2413, before me, Tyshar L. Turner, Records Manager,
personally appeared Richard A.Hopkins,who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity,and that by his signature on the instrument,the person,
or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
h
Ty ar L. Turner,Records Manager
City of Chula Vista
2014-10-14 Agenda Packet Page 63
EXHIBIT SHEET of 2
LEGAL DESCRIPTION
CITY OF CHULA VISTA
AND
COUNTY OF SAN DIEGO
THE CENTER LINE OF A CITY OF SAN DIEGO WATER TRANSMISSION LINE LOCATED IN
QUARTER SECTION 73 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA AND THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP 166, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 11, 1869, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON SHEET 2 ATTACHED HERETO
AND MADE A PART OF THIS EXHIBIT:
COMMENCING AT A 2 INCH IRON PIPE WITH DISK STAMPED "RCE 10576" AS SHOWN ON
RECORD OF SURVEY 7377, FILED IN THE BOOK OF RECORD OF SURVEY MAPS AT PAGE 7377
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 18, 1971 AS
FILE NO. 52325, SAID MONUMENT MARKS THE CENTER LINE INTERSECTION OF WILLOW
STREET WITH BONITA ROAD AND BEARS SOUTH 52"15'45" EAST 1070.29 FEET (SOUTH
52 03728" EAST 1070.37 FEET PER SAID RECORD OF SURVEY) FROM A 2 INCH IRON PIPE
WITH DISK STAMPED "RCE 10576" AS ALSO SHOWN ON SAID RECORD OF SURVEY; THENCE
NORTH 61°13'06" WEST 775.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH
17°14'56" WEST 135.48 FEET; THENCE NORTH 52 033'12" WEST 147.85 FEET; THENCE NORTH
52 045'34" WEST 86.48 FEET; THENCE NORTH 07 015'33" WEST 12.46 FEET; THENCE NORTH
37 13118" EAST 96.21 FEET; THENCE NORTH 22 008'33" WEST 20.88 FEET TO THE POINT OF
TERMINUS; THENCE SOUTH 48 041'42" EAST 1140.84 FEET TO THE POINT OF
COMMENCEMENT.
LL
O � O
No. L7349
CAS-'�0�.�
CITY OF CHULA VISTA
.�.+ PUBLIC WORKS DEPARTMENT'
276 FOURTH AVENUE t
CHULA VISTA,CA 91910 aCE S GOMEZ, P. 49 DATE
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(IjUTA (619)476-2301 EXPIR ES 121 13 FILE NO. 57L-384
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2014-10-14 Agenda Packet Page 64
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2014-10-14 Agenda Packet Page 65
C2
(R-2014-373)
RESOLUTION NUMBER R-
DATE OF FINAL PASSAGE JAN 2 2014
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN DIEGO AUTHORIZING THE UTILITY AGREEMENT
WITH THE CITY OF CHULA VISTA AND THE JOINT USE
AGREEMENTS WITH THE CITY OF CHULA VISTA AND
THE COUNTY OF SAN DIEGO FOR THE WILLOW STREET
BRIDGE WATER PIPELINE RELOCATION PROJECT; AND
TAKING RELATED ACTIONS.
WHEREAS,the City f Chula Vista Chula Vista has a project to replace its Willow
Y ( ) p J P
Street Bridge and requires the relocation of the City of San Diego's (San Diego) 36-inch Otay
2nd Water Transmission Pipeline; and
1
WHEREAS, San Diego and Chula Vista desire to enter into a Utility Agreement setting
forth the terms and conditions by which San Diego's water pipeline will be relocated at Chula
Vista's expense and upsized to a 48-inch pipe at San Diego's expense; and
WHEREAS, San Diego desires to enter into Joint Use Agreements with Chula Vista and
the County of San Diego (County), setting forth the terins and conditions by which San Diego's
relocated pipe will exist within the respective rights-of-way of Chula Vista and County; NOW,
THEREFORE,
BE IT RESOLVED,by the Council of the City of San Diego as follows:
1. That the Council President in his capacity under Charter section 265(1), or his
designee, is authorized to execute, for and on behalf of the City of San Diego, Utility Agreement
No. STL-261-1 with Chula Vista for the relocation and upsizing of San Diego's 36-inch Otay
2nd Water Transmission Pipeline, in the amount not to exceed $150,000 (Utility Agreement).
-PAGE 1 OF 3-
2014-10-14 Agenda Packet Page 66
(R-2014-373)
2. That the Council President in his capacity under Charter section 265(i), or his
designee, is authorized to execute, for and on behalf of the City of San Diego, Joint Use
Agreement No. STL-384 with Chula Vista for the joint use of the area common to San Diego's
relocated pipe and Chula Vista's right-of-way,
3. That the Council President in his capacity under Charter section 265(1), or his
designee, is authorized to execute, for and on behalf of the City of San Diego, Joint Use
Agreement(Parcel No. 2013-0215-A) with the County for the joint use of the area common to
San Diego's relocated pipe and County's right-of-way.
4. That the Chief Financial Officer is authorized to expend funds in an amount not to
exceed 266 000 from A-KB.00003 Annual Allocation Water Main Replacements, Fund 700010
�
Water, for the purpose of funding the aforementioned Utility Agreement and costs related to the
water pipeline relocation project,provided that the Chief Financial Officer furnishes one or more
certificates demonstrating that funds necessary for expenditure are, or will he, on deposit in the
City Treasury.
APPROVED: JAN 1. GOLDSMITH, City Attorney
By
ere y A. J
Dputy City 0 ey
JAJ:cw
12/11/13
Or.Dept: Public Utilities -Water
CC No.: NIA
Doc. No.: 688897
-PAGE 2 OF 3-
2014-10-14 Agenda Packet Page 67
(R-2014-373)
I hereby certify that the foregoing Resolution was passed by the Council of the City of
San Diego, at this meeting o
ELIZABETH S. MALAND
City Clerk
B
Y i
Deputy City rl
Approved pursuant to Charter section 265(i): f
(date) TODD GLORIA, Council President
I
f
-PAGE 3 OF 3-
2014-10-14 Agenda Packet Page 68
Passed by the Council of The City of San Diego on DEC 17 202 by the follo«ring vote:
Councilinembers Yeas Nays Not Present Recused
Sherri Lightner ,u ❑ ❑ ❑
Kevin Fauleoner ❑ ❑ ❑
Todd Gloria ❑ ❑ ❑
Myrtle Cole ❑ ❑ ❑
Mark Kersey i ❑ ❑ ❑
Lorie Zapf ❑ ❑ ❑
Scott Sherman ❑ ❑ ❑
David Alvarez ❑ ❑ ❑
Marti Emerald' ❑ ❑ ❑
3
Date of final passage JAN 7 210 4
(Please mote: When a resolution is approved by the Council President as interim Mayor,the date of final
passage is the date the approved resolution was returned to the Office of the City Clerk.)
TODD GLORIA, COUNCIL PRESIDENT
AUTHENTICATED BY: as interim Mayor of The City of San Diego, California.
ELIZABETH S. MALAND
(Seal) City Clerk of The City of San Diego, California.
s li
By �l r f' ,Deputy
Office of the City Clem, San Diego, California
Resolution Number R-
2014-10-14 Agenda Packet Page 69
I
Passed by the Council of The City of San Diego on December 17, 2013 by the following
vote:
YEAS: LIGHTNER, FACULCONER, GLORIA, COLE, KERSEY, ZAPF,
SHERMAN,ALVAREZ, EMERALD.
NAYS: NONE.
NOT PRESENT: NONE.
VACANT: NONE.
RECUSED: NONE.
AUTHENTICATED BY:
TODD GLORIA, COUNCIL PRESIDENT
as Interim Mayor of The City of San Diego, California
ELIZABETH S.MALAND
City Clerk of The City of San Diego, California
(Seal)
C
i
By: Peggy Rogers ,Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. R-308679 approved by the Council of the City of San Diego, California on
December 17,2013, and approved pursuant to Charter section 265 (i) on January 2 2014.
ELIZABETH S. MALAND
City Clerk of The Cit an Diego, California
(SEAL)
By: , Deputy
2014-10-14 Agenda Packet Page 70
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01,prior to any action upon matters that will require discretionary action
by the Council,Planning Commission and all other official bodies of the City,a statement of disclosure of
certain ownership or financial interests,payments,or campaign contributions for a City of Chula Vista
election must be tiled.The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract,e.g.,owner,applicant,contractor,subcontractor,material supplier.
None
- E
E
E
I
I
E
I If any person*identified pursuant to(1)above is a corporation or partnership,list the names of all
i
individuals with a$2000 investment in the business(corporation/partnership)entity.
I
I
NIA
I
i
3. If any person* identified pursuant to(1)above is a non-profit organization or trust,list the names
of any person serviiig as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
NIA
I
i
I
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
None
3
5. Has any person`associated with this contract had any financial dealings with an official**of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No
I
1
2c i
U
I
I
2014-10-14 Agenda Packet Page 71
i
If Yes,briefly describe the nature of the financial interest the official"may have in this contract.
6. Have you made a contribution of more than$250 within the past twelve(12)months to a current
member of the Chula Vista City Council?No X Yea If yes,which Council member?
7. Have you provided more than $340 (or an item of equivalent value)to an official" of the City I
of Chula Vista in the past twelve(12)months?(This includes being a source of income,money to
retire a legal debt,gift,loan,.etc.)Yes No X
If Yes,which official"and what was the nature of item provided?
Date: $ 27-2014
Signature of Contractor/Applicant 3
Ms.Clare Katebian/C.E.O.,TechCojh International, Corp.
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership,joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district,or other political subdivision, -or any other group or combination acting as
a unit.
Official includes, but is 'not limited to: Mayor, Council member, Planning Commissioner,
Member of a board,commission,or committee of the City,employee,or staff members.
27
I
2014-10-14 Agenda Packet Page 72
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS; REJECTING BIDS
DECLARED NON-RESPONSIVE; AWARDING THE
CONTRACT FOR THE "PHASE I — WILLOW STREET
BRIDGE REPLACEMENT (WATER LINE RELOCATION)
[CIP No. STL-384, FEDERAL PROJECT NO. BHLS-
5203(016)]" PROJECT, INCLUDING ADDITIVE
ALTERNATE BID ITEMS, TO TECHCOM
INTERNATIONAL, CORPORATION IN THE AMOUNT OF
$3,520,358.40; APPROPRIATING $534,900 OF NON-
DEPARTMENTAL CIP FUNDS BASED ON
UNANTICIPATED REVENUE ASSOCIATED WITH UTILITY
AGREEMENT WITH CITY OF SAN DIEGO TO CIP No.
STL-384; REDUCING THE BUDGET FOR CIP NO. STL-261
BY $58,740 IN TRANSPORTATION DEVELOPMENT
IMPACT FEE FUNDS (TDIF) AND APPROPRIATING THE
EQUIVALENT AMOUNT TO CIP NO. STL-384; WAIVING
CITY COUNCIL POLICY 574-01; AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCY
FUNDS IN AN AMOUNT NOT TO EXCEED $356,388.
WHEREAS, by Resolution 2014-140, on July 8, 2014, the City Council rejected the bid
proposals received on May 21, 2014 for the Phase I— Willow Street Bridge Replacement (Water
Line Relocation) [CIP No. STL-384, Federal Project No. BHLS-5203(016)] project (Project) due
to various factors and directed the Director of Public Works to re-advertise the project; and
WHEREAS, City staff re-advertised the Project on July 25, 2014 and held a non-
mandatory Pre-Bid Meeting on August 14, 2014 to review the project requirements and receive
questions regarding the bid documents; and
WHEREAS, the Director of Public Works received and opened three (3) bids from the
Project re-advertisement on August 27, 2014 as follows (listed in numerical order of responsive
base bid amount):
BASE BID ADDITIVE CONTRACT
CONTRACTOR AMOUNT ALTERNATE AWARD
BID ITEMS AMOUNT
FTechCom International, Corporation $3,486,000 $34,358.40* F$3,520,358.40
(responsive)
F2 Builders&Engineers Group,Ltd. $2,859,310 $86,620* $2,945,930
(non-responsive)
EIGRFCO,Inc. $3 595 000 $30,000* $3,625,0
(non-responsive)
*Includes Additive Alternate Bid Item No's. 1,2 and 9 only.
2014-10-14 Agenda Packet Page 73
Resolution No. 2014-
Page 2
WHEREAS, staff thoroughly reviewed all of the bid proposals received and recommend
that the apparent low bidder (Metro Builders & Engineers Group, Ltd.) and third low bidder
(GRFCO, Inc.) be declared non-responsive. Staff determined that their bid proposals failed to
meet the Disadvantaged Business Enterprise (DBE) Goal and did not satisfactorily demonstrate a
DBE Good Faith Effort.; and
WHEREAS, staff determined the bid package submitted by TechCom International,
Corporation(second low bid)was complete,with no errors or omissions; and
WHEREAS, the lowest responsive base bid amount submitted by TechCom International,
Corporation is above the Engineer's estimate of $1,910,000 by $1,576,000 (approximately
82.51%); and
WHEREAS, based on the base bid proposal amounts received from the re-advertisement,
City staff has determined that the Engineer's Estimate still underestimated the actual
construction costs of the Project and that the bid proposals received reflect the "true"
construction costs; and
WHEREAS, Additive Alternate Bid Items were also included in the bid proposal for the
Project, but were not considered in determining the lowest responsive bidder. The Additive
Alternate Bid Items to be included with the contract are for additional items related to the City of
San Diego's water line betterments and maintenance of the stormwater Best Management
Practices (BMP's) to overlap Phase II construction (Additive Alternate Bid Item No's. 1, 2 and
9); and
WHEREAS, City staff checked the references that TechCom International, Corporation
submitted; all references checked were verified and their work has been satisfactory; and
WHEREAS, staff recommends awarding a construction contract, which includes
Additive Alternate Bid Items, to TechCom International, Corporation in the amount of
$3,520,358.40; and
WHEREAS, Utility Agreements, prepared in accordance with Federal procedures,
between the City and both water line utility owners (Sweetwater Authority and City of San
Diego) have been executed and approved by the City and Caltrans; said agreements outline the
details/responsibilities between the City and the utility owners for the Project that includes, but
are not limited to, the following items: work to be done, liability of work, performance of work,
and payment for work; and
WHEREAS, the City of San Diego's Utility Agreement includes their obligation to pay
for their requested water line betterments in the amount of$534,900; and
WHEREAS, in order to approve change orders as necessary to complete the project
without delay, staff requests that City Council waive Council Policy No. 574-01 and increase the
Director of Public Works' change order authority to $157,370; and authorize the expenditure of
all available contingency funds in an amount not to exceed $356,388; and
2014-10-14 Agenda Packet Page 74
Resolution No. 2014-
Page 3
WHEREAS, the following transfers and appropriations into CIP No. STL-384 are
recommended to provide sufficient funds for costs associated with this project:
• $534,900 from Non-Departmental CIP (contribution from City of San Diego)
• $58,740 (rounded) from CIP No. STL-261 (TDIF)
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids,reject bids, appropriate $534,900 of Non-Departmental CIP Funds
based on unanticipated revenue associated with Utility Agreement with City of San Diego to CIP
No. STL-384,reduce the budget for CIP No. STL-261 by $58,740 and appropriate the equivalent
amount to CIP No. STL384, and award a public works contract, including Additive Alternate
Bid Items, for the "Phase I—Willow Street Bridge Replacement (Water Line Relocation), in the
City of Chula Vista California [CIP No. STL-384, Federal Project No. BHLS-5203(016)]"
project to TechCom International, Corporation in the amount of$3,520,358.40; and
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does
hereby waive Council Policy 574-01 and authorize the Director of Public Works to approve
change orders, as necessary, and expend all available contingency funds in an amount not to
exceed$356,388.
Presented by: Approved as to form by:
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-10-14 Agenda Packet Page 75
. . ' '_ � ' . _ ` . .- _ , _ _G . 1 . _ . _ . . . '_ '
Documents,submitted under Putilic Comments by Theresa Cowan an8 Sam Cowan
are on file in the Office of the City Clerk.
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0544, Item#: 4.
CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR
THE "MOSS STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH
AVENUE IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203
(037)" PROJECT PER CITY CHARTER SECTION 1009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR
MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "MOSS
STREET CORRIDOR IMPROVEMENTS BETWEEN THIRD AVENUE AND FOURTH AVENUE IN
THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394 FEDERAL NO. HSIPL 5203(037)"
PROJECT TO T&M ELECTRIC, INC., DBA PERRY ELECTRIC, IN THE AMOUNT OF $242,644;
AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN
AMOUNT NOT TO EXCEED $17,132
RECOMMENDED ACTION
Council conduct the public hearing and adopt the resolution.
SUMMARY
On September 3, 2014, the Director of Public Works received seven (7) sealed bids for the "Moss
Street Corridor Improvements between Third Avenue and Fourth Avenue in the City of Chula Vista,
California CIP #STL394, Federal No. HSIPL 5203(037) Project. The project is included in the Capital
Improvement Program fiscal year 2013/2014. This project will upgrade traffic signals, construct ADA
compliant pedestrian ramps and, complete the missing curb, gutter and sidewalk within the project
limits. The proposed resolution, if approved, would waive a minor mathematical error; accept bids;
award a public works contract to T&M Electric, Inc., dba Perry Electric, in the amount of $242,644;
and authorize the expenditure of all available contingency funds in the amount not to exceed
$17,132.
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 (Existing Facilities) of the State CEQA Guidelines
because the proposed project will be limited to removal and replacement of an existing traffic signal
with a modernized traffic signal with minor ancillary pavement resurfacing, pedestrian ramp
construction and restriping involving negligible or no expansion of an existing use. Thus, no further
CEQA environmental review is required. In addition, the Development Services Director has
reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) in
conjunction with the California Department of Transportation (Caltrans), the state department
designated as Lead Environmental Agency by the U.S. Department of Transportation, Federal
Highway Administration (FHWA) for federally funded street projects. It was determined that the
City of Chula Vista Page 1 of 4 Printed comb 10/9/2014
2014-10-14 Agenda Packet page 76�LegistarT^
File#: 14-0544, Item#: 4.
project qualifies for a categorical exclusion pursuant to Title 23 Code of Federal Regulations (CFR )
Section 771.117(d); activity-(c)(8) [Installation of Traffic Signals]. Thus, no further NEPA
environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The traffic signal upgrade will provide a protected left turn lane phasing at the intersection of Third
Avenue/Moss Street, and, traffic signal pedestrian indication and push button upgrades at the Fourth
Avenue/Moss Street intersection. Additionally, four (4) ADA compliant pedestrian ramps at the
intersection of Third Avenue/Moss Street and approximately 300 feet of missing curb, gutter, and
sidewalk will be constructed within the project limits.
The project will serve Harborside and Rice Elementary Schools, Chula Vista Adult School, and the
single and multi-residential properties along both sides of Moss Street.
On September 3, 2014, the Director of Public Works received seven (7) bids as follows:
CONTRACTOR BID
1. T&M Electric, Inc. dba Perry Electric - Santee, CA $242,644.00*
($241,944.00 Bid Opening)
2. Lekos Electric, Inc. - El Cajon, CA $259,034.00
3. HMS Construction, Inc. - Vista, CA $264,798.00*
(264,873.00 Bid Opening)
4. Steiny and Company, Inc. - Baldwin Park, CA $315,445.00
5. Flatiron Electric Group, Inc. - Chino, CA $341 ,217.00
6. DBX, Inc. - Temecula, CA $358,621.00
7. Just Construction, Inc. - San Diego, CA $391,904.60*
($401,563.60 Bid Opening)
*The submitted bid proposal contained mathematical errors that did not affect the unit price, but affected the total bid
amount. Corrections of bid totals did not change the outcome and ranking of the bids.
Staff's review of the low bid by T&M Electric, Inc. found a mathematical error in the total bid amount.
The corrected grand total bid amount is $242,644.00, which is $700 more than the total bid shown in
the bid submittals. Errors were also found in two (2) other submittals. The corrected bid totals did
not change the ranking order of the bids or effect the unit price of the bid items.
T&M Electric, Inc. submitted a letter dated September 9, 2014, as shown in attachment 2,
acknowledging their mathematical error and confirming the corrected total bid amount of$242,644.
The low bid submitted by T&M Electric, Inc. is below the Engineer's estimate of $244,230 by $1 ,586
(approximately 0.7%). T&M Electric, Inc. is a licensed Electrical Contractor Class C10 with a current
and active License No. 747931 and, has installed similar traffic signal projects in the City with
City of Chula Vista Page 2 of 4 Printed co nnv10/9/2014
2014-10-14 Agenda Packet pa LegistarT^
ge 77
File#: 14-0544, Item#: 4.
satisfactory performance. Additionally, Staff determined that the bid package is complete, with no
other errors or omissions.
The project's funding source, Federal Highway Administration Funds, requires bidders to make good
faith efforts in utilizing DBEs (Disadvantaged Business Enterprises). Staff reviewed the contractor's
bid package and determined that the contractor complied with the requirement. The DBE goal for
this project is 7.3% and T&M Electric, Inc. has achieved 18.84%.
Staff recommends waiving the minor mathematical error and awarding a construction contract to
T&M Electric, Inc. in the amount of$242,644.00.
Wage Statement
This is a federally funded project. The Contractor that is awarded the contract and its subcontractors
are required to pay prevailing wages to persons employed by them for work under the contract. The
prevailing wage scales are those determined by the U.S. Federal Department of Labor Relations
(Davis-Bacon) and those determined by the Director of Industrial Relations, State of California. The
Contractor is obligated to pay the higher of the two wage determinations (hourly rate plus fringe
benefits) for each applicable craft or classification.
Disclosure Statement
Attachment 1 is a copy of the Contractor's Disclosure Statement.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a property-related conflict
of interest exists, in that, Councilmember Pamela Bensoussan has real property holdings within 500
feet of the boundaries of the property which is the subject of this action. Staff is not independently
aware, and has not been informed by any City Council member, of any other fact that may constitute
a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The Moss Street
Corridor Improvements between Third Avenue and Fourth Avenue project supports the Strong &
Secure Neighborhoods goal as it will provide modified and upgraded traffic signals that will improve
the safety of the intersections. A well maintained traffic signal system improves safety to motorists,
bicyclists, and pedestrians as well as providing for the efficient movement of all modes of circulation.
CURRENT YEAR FISCAL IMPACT
The project cost for construction is $279,776, which is funded by: TransNet, Highway Safety
Improvement Program (HSIP) and Traffic Signal funds. There is no additional impact to the
TransNet, HSIP, and Traffic Signal funds as sufficient funds are available in CIP Project No. STL394
to complete the project. The table below summarizes the project construction costs.
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $242,644
B. Contract Contingency $17,132
City of Chula Vista Page 3 of 4 Printed comb 10/9/2014
2014-10-14 Agenda Packet page i LegistarT^
File#: 14-0544, Item#: 4.
C. Construction Inspection Staff Cost $20,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION 1$279,776
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine maintenance.
ATTACHMENTS
1 . Contractor's Disclosure Statement
2. Bid Correction Letter from T&M Electric, Inc. dba Perry Electric
Staff Contact: Boushra Salem, Senior Civil Engineer
City of Chula Vista Page 4 of 4 Printed comb 10/9/2014
2014-10-14 Agenda Packet page 74 LegistarT^
CITY OF CIIULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01,prior to any action upon matters that will require discretionary action
by the Council,Planning Commission and all other official bodies of the City,a statement of disclosure of
certain ownership or financial interests,payments,or campaign contributions for a City of Chula Vista
election must be filed.The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract,e.g.,owner,applicant,contractor,subcontractor,material supplier.
NZA
E
2. If any person*identified pursuant to(1)above is a corporation or partnership,list the names of all
individuals with a$2000 investment in the business(corporation/partnership)entity.
I
3. If any person*identified pursuant to(1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes No 10°
50
Q;1 eering1A11 Projecls\STUSTL394 Moss(4th-3rd)\Spe01STC394 Contr u rev.doc
2014-10-14 Agenda Packet Page 80
If Yes,briefly describe the nature of the financial interest the official"may have in this contract.
rV
6. Have you made a.contribution of more than$2504I'thin the past twelve(12)months to a current
member of the Chula Vista City Council?No`✓Yes If yes,which Council member?
�t
7. Have you provided more than$340 (or an item of equivalent value)to an official" of the City
of Chula Vista in the past twelve(12)months?(T�s-includes being a source of income,money to
retire a legal debt, gift,loan,etc.)Yes_ Nom_ 'f
If Yes,which official`*and what was the nature of item provided? `
E
FAA`\
S
Date:
tgnatare of Conti for/Applicant
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership,joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
F
(S(
l
* Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, I;
Member of a board,commission,or committee of the City,employee,or staff members.
{
51
Q\EnginceringW1 ProjectsWUSTL394 Moss(4[h-3td)lSpm\STL394 Contract wv.doo
2014-10-14 Agenda Packet Page 81
D� ,'r
2614 S�'�' -9 �EIi 9: 13
In C
Contractor's License Number 747931 (C-10)
September 8, 2014
City of Chula Vista
Public Works — Engineering
276 Fourth Avenue, Bldg. B
Chula Vista, CA 91910
Attn: Boushra Salem
RE: Moss Street Corridor Improvements
Between 3rd and 4th
Contract # STL394
Subject: Final Bid Price Correction
Dear Boushra,
T & M Electric, Inc. dba Perry Electric is aware of the mathematical error in our
bid for the aforementioned project. We will perform the work for the final contract
value of$ 242,644.00 and acknowledge our final price.
Please feel free to contact me should you have any questions or concerns.
Respectfully,
T & M Electric, Inc. dba Perry Electric
Christopher Hanson
Sr. Estimator
PO BOX 710130 * SANTEE, CA. 92072 * PHONE(619)449-0045 I FAX (619)449-0511
2014-10-14 Agenda Packet Page 82
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING A MINOR MATHEMATICAL
ERROR; ACCEPTING BIDS; AWARDING A CONTRACT
FOR THE "MOSS STREET CORRIDOR IMPROVEMENTS
BETWEEN THIRD AVENUE AND FOURTH AVENUE IN
THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL394
FEDERAL NO. HSIPL 5203(037)" PROJECT TO T&M
ELECTRIC, INC., DBA PERRY ELECTRIC, IN THE
AMOUNT OF $242,644; AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCY
FUNDS IN AMOUNT NOT TO EXCEED $17,132
WHEREAS, this project is included in the Fiscal Year 2013/2014 Capital
Improvement Program (CIP) budget to upgrade traffic signals, construct ADA compliant
pedestrian ramps and, complete the missing curb, gutter and sidewalk within the project
limits on Moss Street between Third Avenue and Fourth Avenue; and
WHEREAS, the Development Services Director has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project qualify for a Class 1 categorical exemption pursuant to
Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
WHEREAS, on September 3, 2014, after a public bidding process, the Director of
Public Works received seven (7) sealed bids for the "Moss Street Corridor
Improvements between Third Avenue and Fourth Avenue, (STL394) Federal No. HSIPL
5203(037);" and
WHEREAS, the seven (7) bids are as follows:
CONTRACTOR I BID
1 . T&M Electric, Inc. dba Perry Electric— Santee, CA $242,644.00*
($241,944.00 Bid Opening)
2. Lekos Electric, Inc. — El Cajon, CA $259,034.00
3. HMS Construction, Inc. - Vista, CA $264,798.00*
(264,873.00 Bid Opening)
4. Steiny and Company, Inc. — Baldwin Park, CA $315,445.00
5. Flatiron Electric Group, Inc. — Chino, CA $341,217.00
6. DBX, Inc. —Temecula, CA $358,621.00
7. Just Construction, Inc. — San Diego, CA $391,904.60*
($401,563.60 Bid Opening)
*The submitted bid proposal contained mathematical errors that did not affect the unit price, but affected
the total bid amount. Corrections of bid totals did not change the outcome and ranking of the bids.
2014-10-14 Agenda Packet Page 83
WHEREAS, the low bid submitted by T&M Electric, Inc., dba Perry Electric, is
below the Engineer's estimate of$244,230 by $1 ,586 (approximately 0.7%); and
WHEREAS, T&M Electric, Inc. dba Perry Electric is a licensed Electrical
Contractor Class C10 with a current and active License No. 747931 and has installed
similar traffic signal projects in the City with satisfactory performance; and
WHEREAS, the project funding source, Federal Highway Administration Funds,
requires bidders to make good faith efforts to utilize DBEs (Disadvantaged Business
Enterprises). T&M Electric Inc., dba Perry Electric, has complied the 7.3% DBE goal for
this project; and
WHEREAS, since this is a Federally funded project, the Contractor that is
awarded the contract and its subcontractors are required to pay prevailing wages to
persons employed by them for work under this contract; and
WHEREAS, sufficient funds from TransNet Highway Safety Improvement
Program (HSIP) and Traffic Signal funds are available in the CIP Project No. STL394 to
complete the project; and
WHEREAS, a breakdown of construction costs is as follows:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $242,644
B. Contract Contingency $17,132
C. Construction Inspection Staff Cost $20,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $279,776
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby waive a minor mathematical error; accept bids; award a
contract for the "Moss Street Corridor Improvements between Third Avenue and Fourth
Avenue in the City of Chula Vista California (STL394) Federal No. HSIPL 5203(037)"
Project to T&M Electric, Inc., dba Perry Electric, in the amount of $242,644; and
authorizing the expenditure of all available contingency funds in amount not to exceed
$17,132.
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-10-14 Agenda Packet Page 84
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0573, Item#: 5.
Employee Engagement Committee: Request concurrence to use modified City logo and budgeted
funds for the purchase of employee pins for November event
City of Chula Vista Page 1 of 1 Printed on 10/9/2014
2014-10-14 Agenda Packet page j LegistarT^
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0559, Item#: 6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING
PROPOSITION 47 ON CALIFORNIA'S NOVEMBER 2014 BALLOT AND
SUPPORTING LAW ENFORCEMENT'S EFFORTS TO PREVENT THE EARLY
RELEASE OF UP TO 10,000 FELONS FROM STATE PRISON; FELONS WHO HAVE
COMMITTED SERIOUS OR VIOLENT CRIMES
Mayor's Recommendation: Council adopt the resolution.
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p
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OPPOSING PROPOSITION 47 ON
CALIFORNIA'S NOVEMBER 2014 BALLOT AND
SUPPORTING LAW ENFORCEMENT'S EFFORTS TO
PREVENT THE EARLY RELEASE OF UP TO 10,000 FELONS
FROM STATE PRISON; FELONS WHO HAVE COMMITTED
SERIOUS OR VIOLENT CRIMES
WHEREAS, Proposition 47 -- Criminal Sentences. Misdemeanor Penalties. Initiative
Statute. --has qualified for the November 4, 2014 Statewide General Election; and
WHEREAS, Proposition 47 proponents concede that the measure will make up to 10,000
felons eligible for early release; and
WHEREAS, with the implementation of Public Safety Realignment in 2011, which
altered sentencing policy by shifting newly convicted non-violent, non-serious, non-sex
offenders to county supervision, the population of non-violent offenders in California's prisons
has significantly diminished, and there is a legitimate question as to how many of the 10,000
inmates eligible for early release could be classified as high-risk for committing subsequent
violent offenses; and
WHEREAS, Proposition 47 contains provisions re-classifying a host of felony offenses
or felony/misdemeanor offenses as simple misdemeanors, representing sweeping sentencing
reform that would be better accomplished through legislative processes; and,
WHEREAS, Proposition 47 would redefine grand theft in such a way that theft of a
firearm would be considered a misdemeanor unless the value of the gun was greater than $950,
and the overwhelming majority of new handguns sold in California retail for significantly less
than that amount; and
WHEREAS, Proposition 47 would reduce the penalty for possession of illicit drugs,
including drugs used to facilitate date-rape, to a simple misdemeanor; and
WHEREAS, Proposition 47 further burdens local criminal justice systems by shifting
responsibility for additional categories of offenders to already overcrowded county jails.
NOW, THEREFORE, the City Council of the City of Chula Vista resolves as follows:
SECTION 1. The City Council of the City of Chula Vista by the adoption of this
resolution hereby opposes Proposition 47 on the November 4, 2014 ballot.
2014-10-14 Agenda Packet Page 87
Resolution No.
Pase 2
Presented B��: Appro��ed as to form:
Chen�l Co� Glen R. Gooeins
A4a��or Cin Attome��
�� C�e'
I � p,dd't i n�fo
Proposition 47: Misdemeanor Penalties. Initiative Statute
Proposition 47 reclassifies a series of felony or felony/misdemeanor offenses as outrieht
misdemeanors. It is yet another attempt to shift public safety problems from the state to local
eovernments without the funding necessaq�to do the job.
Prop 4Ts proponents call it the "Safe\'ei�hborhoods and Schools Act" in spite of its triggering
significant public safen�policti-chanees�vith respect to crimes such as thefr of firearms and drug
possession. It seeks to enact si�nificant changes in sen[encing policy and direct any resul[in�state
sa��ines to support mental heal[h and substance abuse treatment (65 percent); truancy and drop-
out prevention (25 percent), and ��ictim sen-ices(10 percent). Specifically:
• Prop 47 would reduce sentencing penalties for specified non-serious and non-violent dru�
and properh�crimes. It«�ould direct that ihe follo���ing offenses be treated as
misdemeanors, in most instances regardless of circumstances:
o Commercial Burqlarv
Entering a commercial establishment during business hours with intent to commit larceny
of property not exceeding $950 will no longer be deemed commercial burglary, but as
shoplifting--a misdemeanor.
o Forqerv
Under current law, forgery can be charged as a felony or misdemeanor. Prop 47
redefines forgery as a misdemeanor if the defendant forges a financial instrument that
does not exceed $950 in value. Even if the person has forged multiple documents whose
total value exceeded 5950, that individual could only be charged with a misdemeanor, so
long as no individual financial instrument exceeded the threshold.
o Passinq Bad Checks
Current law provides that the current threshold for felony prosecution for passing bad
checks is 5450, but Prop 47 increases this threshold to $950. Current Iaw provides that
one prior conviction of this offense would trigger a felony charge on the second offense.
Prop 47 requires three prior convictions for similar offenses.
o Grand Theft
The provisions pertaining to grend theft will reduce the theft of all personai property,
including all but the most exotic handguns, to a misdemeanor, ushering in a major
change in current criminal justice policy. Prop 47 states that all theft of property less than
5950 in value shall be a misdemeanor offense.
o Receipt of Stolen Propertv
Under current law, receipt of stolen property is a felony/misdemeanor, with district
attorneys granted discretion on how to charge the offense if the value of the property did
not exceed S950. Prop 47 defines all cases under$950 as misdemeanors.
o Pettv Theft with a Prior Offense
Under current law, a defendant with more than three prior offenses for theft could be
charged with a felony if charged with the offense a fourth time. Under Prop 47, felony
penalties only apply if the person had been previously convicted of a serious or violent
felony and had a theft-related related prior.
Prop47.MayorCox. Oct14.2014 1
I,I F_
o Druq Possession
Under Prop 47, all drug possession cases will be reduced to misdemeanors. District
attorneys would be stripped of discretion to charge such drug possession offenses as
felonies. This provision does not distinguish between "simple possession° and
"possession for sale" — despite the fact that there can be a quantum difference in the
amounis of a controlled substance involved between those two offenses. Prop 47 makes
no distinction based on the nature of the controlled substance, so ii would impose
misdemeanor penalties even for possession of significant quantities of substances such
as methamphetamine, or for possession of ketamine or GHB, both known to be date-rape
drugs.
• Prop 47 allows certain offenders previously convicted of the above crimes to apply for
reduced sentences. This is expected to release an estimated 10,000 inmates. Newly
sentenced offenders in the affected categories would be sentenced to county jails, many of
which are already at capacity or overcrowded due to the implementation of 2011's AB 109,
Public Safety Realignment.
The League of California Cities, the San Diego County Board of Supervisors and
the San Diego County Police Chiefs' and Sheriff's Association oppose Prop 47.
In summaq�, Prop 47 would reduce penalties from felonies to misdemeanors in California for
stealine a gun, commercial burglary, identify thefr; usine a victim`s access card and forgin�
others, ��•riting bad checks; pem� thefr, receiving stolen properh•; stealing li��estock ad produce,
and possession of convolled substances including date rape drugs.
Prop 47 provides no direct funding to la�a enforcemeni to�vards the goals of reducing crime and ,
victimization. It will result in increased costs to the counq� and little accountability to ensure that
funds that proponents daim will be sa��ed �vill go to successful or accepted programs.
Prop 47 is not safe for our communit��. It will impact the safetY of our streets and our police
officers by releasing offenders ���ith prior convictions such as robberv, residential burglary and
carjacking.
Local jails have already received state prisoners through AB 109 s public safety realienment to
the County. Nith Chula Vista's population being 1% of the State`s population; 1% of the ]0,000
prisoners estimated to be released if Prop 47 passes, Chula Vista is in line to receive 100 ne���ly
released inmates.
Prop47.MayorCox. Oct14.2014 2
City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0560, Item#: 7.
DEPUTY MAYOR AGUILAR
Consideration of City endorsement of the Veterans Day parade and ceremony to be held at Veterans
Elementary School in Chula Vista on November 7, 2014
City of Chula Vista Page 1 of 1 Printed on 10/9/2014
2014-10-14 Agenda Packet Page 89
City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0583, Item#: 8.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (a):
Name of case: Rosie Pena v. City of Chula Vista, San Diego Superior Court, case number 37-2012
-00074915-CU-PO-SC
City of Chula Vista Page 1 of 1 Printed on 10/9/2014
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