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Home My WebLink About2014/12/16 Agenda Packet I declare under penaliy of perjury that I am employed by the City of Chula Vista in the Office of the City Cterk and that I posted this document on the bulietin board according to —� — - .� , Brown Act requirements. _e..---�Y�`''1'� _ a-- _ ��"A`.•' �� Dated �Z � Signe t�r� ,�__ , :-f --• �-� '�'" ___ '"<__�c.` _t ��rrv oF •--y ��`,._ .�- CHULA V1STA ,;,,,�P a`�°�*l. ;a o 0 /� t'��L�2� � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey John McCann, Councilmember ponna R. Norris, City Clerk Tuesday, December 16, 2014 2:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA REVISED 12/12/2014 Notice is hereby given thaf the Mayror of fhe Cdy of Chula Vista has called and wdl convene Special Meeting of the Nousing Authonty meeting jointty wilh fhe City Council on Tuesday, December 16, 2074, at 2:00 p.m. in the Council Chambers, lxated at D6 Fourth Ave, Bldg A, Chula Vista, Caliromia to consider items on lhis agenda. CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 14-0709 OATHS OF OFFICE Nancy Sedgwick, Resource Conservation Commission Jorge Marroquin and Jerry Munoz: Safety Commission B. 14-0654 INTRODUCTION BY KELLEY BACON, DEPUTY CITY MANAGER, OF EMPLOYEE OF THE MONTH OLGA BERDIAL, SPECIAL EVENTS COORDINATOR Clry o/Chula Y�sta Page 7 Pnntetl on fYfY20f 4 City Council Agenda Decemberl6„2014 C. 14-0694 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT CAPTAIN GARY FICACCI ON 26 YEARS OF SERVICE TO THE CITY OF CHULA VISTA D. 14-0618 PRESENTATION BY PUBLIC WORKS RECYCLING SPECIALIST MANUEL MEDRANO AND COMPUTERS 2SAN DIEGO KIDS EXECUTIVE DIRECTOR CHERI PIERRE PRESENTING COMPUTER DONATIONS TO SOUTH BAY COMMUNITY SERVICES' YOUTH IN TRANSITION PROGRAM E. 14-0697 PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2014 CHRISTMAS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA F. 14-0718 PRESENTATION OF STARLIGHT PARADE AWARDS CONSENT CALENDAR (Items 1 - 15) 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 Calenda�. 1. 14-0712 APPROVAL OF MINUTES of December 2, and December 9, 2014. s�a�aecomme�dauo�: Council approve the minutes. 2. 14-0701 A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTiOiJr",L PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE EIGHT EAST (SECOND READING AND ADOPTION) Ciryo/Chvla Ysfa Page 2 Pnntedon 1L12�2Ma City Council Agenda December 16,2014 C. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE TEN (SECOND READING AND ADOPTION) °epaw"e^�: Development Services Department s�aaRecommeneauo�: ' Council adopt the ordinances. 3. 14-0702 A. ORDINANCE OF THE CITY OF CHULA VISTA _ APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED , AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER JEWELS OF CHARITY DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) oepa.v�e�e Development Services Department s�a�aecommendauon: Council adopt the ordinances. 4. 14-0667 REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2014 �ePa.n�e�r: Finance Department s�atiaecomme�daaon: Council receive the report. 5. 14-0682 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTINr �17g,239 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) �epa�"e"�: police Department s�anRe�omme�dauo�: Council adopt the resolution. Ciryo/Chula N'sia Page3 Prinredon fLf2�20f1 Ciry Council Agenda December16,2014 6. 14-0683 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $500,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIO EQUIPMENT FROM AVIAT U.S., INC. VIA THE COUNTY OF SAN DIEGO'S CONTRACT NUMBER 547601 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) �epa�e^�: police Department sranRe�omme�daeo�: Council adopt the resolution. 7. 14-0689 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY AT $184,610 EFFECTIVE DECEMBER 9, 2014 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE DIRECTOR OF HUMAN RESOURCES POSITION TITLE; CHANGE IN THE BARGAINING UNIT DESGINATION FOR THE SENIOR POLICE TECHNOLOGY SPECIALIST; AMENDING THE AUTHORIZED POSITION COUNT IN THE HUMAN RESOl1RCES DEPARTMENT WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 oeparvr�e�e Human Resources Department s�atfRecomme�dauo�: Council adopt ihe resolutions. Ciry o/Chula Vsta Pa9e a Pdneed on 12H7120f/ City Council Agenda December 16,2014 8. 14-0611 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM APPROVE THE USE OF CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $261,556 FOR THE REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT; ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT PROJECT" (GG224); AND APPROPRIATING $261,556 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE GG224 PROJECT (4/5 VOTE REQUIRED) oePanmenr: public Works Department s�ar�aecommendavon: Council adopt the resolution. 9. 14-0666 RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015 BUDGET TO APPROPRIATE $21 ,881 OF UNSPENT SOLAR PHOTOVOLTAIC PROJECT (PHASE 2) FUNDS AND $3,124 OF UNANTICIPATED REVENUE FROM THE COOL CALIFORNIA CHALLENGE IN ORDER TO SUPPORT ADDITIONAL ENERGY EFFICIENCY AND SUSTAINABILITY PROJECTS (4/5 VOTE REQUIRED) oeParvnene public Works Department s«aecommenda�on: Council adopt the resolution. 10. 14-0681 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY APPROPRIATING $200,620 FROM THE AVAILABLE BALANCE OF THE TDIF FUND AND �2,001,840 OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS BASED ON UNANTICIPATED REVENUE TO CIP NO. STL-384 (4/5 VOTE REQUIRED) oeparrme�e public Works Department sranRe�omme�dano�: Council adopt the resolution. Ciry o)Chvla Yista Page 5 Pnnfed on f 1H L20f 1 City Council Agenda December i6,2014 11. 14-0686 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING �39,636.40 FROM THE OPEN SPACE DISTRICT 31 FUND FOR THE REPLACEMENT OF THE TOT LOT LOCATED ON SAINT CLAIRE DRIVE IN OPEN SPACE DISTRICT 31 (4/5 VOTE REQUIRED) oeParrmenr: public Works Department s�anae�ommer,dano�: Council adopt the resolution. 12. 14-0696 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AGREEMENT WITH THE COUNTY OF SAN DIEGO PROBATION DEPARTMENT FOR THE PROVISION OF WORK CREWS, AND AUTHORIZING THE PURCHASING AGENT TO APPROVE AND EXECUTE AMENDMENTS TO THE AGREEMENT UNTIL TERMINATED BY MUTUAL CONSENT �ePa�en�: public Works Department StaHRecommendation: COUf1Cll BCIOPf the fESOIU�IOfI. 13. 14-0700 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES, INC. TO INCREASE THE COST OF SWEEPING CITY PARKING LOTS oePanme�r public Works Department sratrRecomme�dauo�: Council adopt the resolution. 14. 14-0704 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING AN ENVIRONMENTAL DOCUMENT FOR LIGHT RAIL TROLLEY GRADE SEPARATIONS AND STATIONS TO THE BLUE LINE LIGHT RAIL, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NON-SUBSTANTIVE CHANCitS l7EEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT oeva�e^�: pubiic Works Department scaeaecomme�dauo�: Council adopt the resolution. Clry o/Chu/a Vlsfa Page B Pnntetl on fYf L101� City Council Agenda December 16, 2014 15. 14-0599 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2015 HARBORFEST EVENT; APPROVING THE AGREEMENT WITH MCFARLANE PROMOTIONS TO COORDINATE CHULA VISTA HARBORFEST 2015; AND APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF $7,500 FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS (4/5 VOTE REQUIRED) oePa�v�,e�r. City Manager s�atrae�omme�da�ro�: 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 appropnate, the Council may schedule the topic for future discussion or refer the matte�to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public heanng(s) as �equired by law. If you wish to speak on any item, please fill out a "Request to Speak" fo�m (available in the lobby) and submit it to the City Clerk pnor to the meeting. 16. 14-0628 CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP AT 386 DATE STREET; APPLICANT: IBERIA PROJECT MANAGEMENT, LLC RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-13-01 TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FvR INDIVIDUAL OWNERSHIP LOCATED AT 386 DATE STREET oepa.v�enr. Development Services Department s�atrae�ommenaa�on: Council conduct the public hearing and adopt the resolution. Ciry olChula Vfza Page 7 Pnnted on 11HL10f1 City Council Agenda December 16,2014 17. 14-0684 CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED FINANCING OF THE DEVELOPMENT OF A 126-UNIT SENIOR AND 84-UNIT AFFORDABLE HOUSING DEVELOPIVIENT IN THE MILLENIA COMMUNITY A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA SENIOR AFFORDABLE APARTMENTS B. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA SENIOR AFFORDABLE APARTMENTS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA AFFORDABLE APARTMENTS D. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA AFFORDABLE APARTMENTS oePartmenr. Development Services Department StaHRecommendation: COUf1CII conduct the public hearing, and adopt resolutions A and C; Authority adopt resolutions B and D. City o/Chula Vsfa Page 8 Pnnfed on 17/71/101d Ciry Council Agenda Decemher i6,2014 18. 14-0640 CONSIDERATION OF AMENDMENTS TO THE GROWfH MANAGEMENT ORDINANCE (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE), AND THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL; TO REPLACE THE THRESHOLD STANDARDS, GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY AND THE GROVVfH MANAGEMENT PROGRAM DOCUMENT oePan.ne�r: Development Services Department StaHRecommendation: COUf7CII open the public hearing and continue the item to January 13, 2015. 19. 14-0656 CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE oeparrmenr. Public Works Department StaHRecommendation: COUf1Cll open the public hearing and continue the item to January 6, 2015. BOARD AND COMMISSION REPORTS 20. 14-0591 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH Q2 DATA & RESEARCH, LLC TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES TO THE DISTRICTING COMMISSION; APPROVING THE PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY (4/5 VOTE REQUIRED) oePa�"e"�: City Attorney StaffRecommendaUon: COUf1Cll 8d0(Jt �he fBSOlUf10f1. CITY MANAGER'S REPORTS MAYOR'S REPORTS 21. 14-0664 Appointment of Deputy Mayor Ciry ol ChWa V(sta Pa9e 9 Pnnfed on 17Hb107d City Council Agenda December 16,2014 22. 14-0665 APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: Chula Vista Veterans Home Support Foundation - Member Chula Vista Veterans Home Support Foundation - Alternate International Council for Local Environmental Initiatives (ICLEI) - Environmental �ead International Council for Local Environmental Initiatives (ICLEI) - Alternate League of California Cities, San Diego Division - Member League of California Cities, San Diego Division - Alternate Metropolitan Transit System Board of Directors (MTS) - Member Metropolitan Transit System Board of Directors (MTS) - Alternate Metropolitan Wastewater Commission (Metro) - Member Metropolitan Wastewater Commission (Metro) - Aiternate Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Member Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) -Alternate San Diego Association of Governments (SANDAG) Board of Directors - Member San Diego Association of Governments (SANDAG) Board of Directors - Alternates (2) San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee � South County Economic Development Council (EDC) - Member South Counry Economic Development Council (EDC) - Alternate 23. 14-0714 CONSIDERATION OF HOLDING A SPECIAL MEETING TO CONDUCT INTERVIEWS Tp Fli I THE VACANCY ON THE CITY COUNCIL, AND DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING RELATED PROCESSES 24. 14-0695 COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR CITY " COUNCIL MEETINGS COUNCIIMEMBERS' COMMENTS Ciry ai Cfiu/a Vsfa Pa9e 10 Pnnted on 7?HL2074 Ciry Council Agenda December 16,2014 ADJOURNMENT to the Regular City Council Meeting on January 6, 2015, at 2:OOp.m., in the Council Chambers. Matenals provided to the City Council related to any open-session item on this agenda are available (or public review at the City Clerk's Otfice, located in City Hall at 276 FouRh Avenue, Building A, during no�mal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requesfs individuals who require special accommodations to access, attend, and/or participate in a City meeling, activity, o�service, contact the City Clerk's OKce at(619) 691-5041(Califomia Relay Service is available/o�the hearing impaired by dia/ing 711)at least lorty-eight hours in advance o/the meeting. Sign up at www.chulavislaca.gov to receive email notilrcations when City Council agendas are published online. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP In accordance with California Government.Code Section 66458(d), notrce is hereby given that the City Engineer has reviewed and, immediately(ollowing this City Council meeting of Decembe�i 6, 2014, will approve the following fina/map: Chula Vista Tract No. 12-02, Otay Ranch Vi/lage 2 North, Neighborhood R-10A, 24 multi-family units located on 1.069 acres south of Olympic Parkway and west of La Media Road. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially confo�ms to the approved tentative map, and any approved alterations thereo(and any conditions oI approval imposed with said tentative map. (2) The map complies with the provisrons of the Subdivisron Map Act and any local ordinances applicable at the time o(approval ofthe tentative map. (3) The map is technically correcf. Said map will be finalized and recorded, unless an interested paRy�les a va/id appeal of the City Engrneers action to City Council no later than 2:00 p.m., 10 calendar days Irom the date ol this City Council meeting. A valid appeal must identify the imp�oper�ncorrect finding and the basis for such conclusion. If you have any questions a6out the map approval findings or need additional in(ormatron about the map or your appeai nghts, please teel free to contact Tom Adle�at(619) 409-5483. Ciry ol Chula Vlsta Page 11 Pnnietl on f 3HYY010 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0709, Item#: A. OATHS OF OFFICE Nancy Sedgwick, Resource Conservation Commission Jorge Marroquin and Jerry Munoz, Safety Commission City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 12 City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0654, Item#: B. INTRODUCTION BY KELLEY BACON, DEPUTY CITY MANAGER, OF EMPLOYEE OF THE MONTH OLGA BERDIAL, SPECIAL EVENTS COORDINATOR City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 13 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0694, Item#: C. PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DEPARTMENT CAPTAIN GARY FICACCI ON 26 YEARS OF SERVICE TO THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 14 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0618, Item#: D. PRESENTATION BY PUBLIC WORKS RECYCLING SPECIALIST MANUEL MEDRANO AND COMPUTERS 2 SAN DIEGO KIDS EXECUTIVE DIRECTOR CHERI PIERRE PRESENTING COMPUTER DONATIONS TO SOUTH BAY COMMUNITY SERVICES' YOUTH IN TRANSITION PROGRAM City of Chula Vista Page 1 of 1 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 15 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0697, Item#: E. PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2014 CHRISTMAS IN OCTOBER PROGRAM IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 16 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0712, Item#: 1. APPROVAL OF MINUTES of December 2, and December 9, 2014. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 17 City of Chula Vista Meeting Minutes - Draft Tuesday, December 2,2014 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 2:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas and Mayor Cox Absent: Deputy Mayor Aguilar Also Present: Assistant City Manager Kachadoorian, City Attorney Googins, City Clerk Norris (left at 4:24 p.m.), Assistant City Clerk Bigelow (left at 4:24 p.m.), Records Manager Turner (arrived at 4:24 p.m.), and Deputy City Clerk Kansas(arrived at 4:24 p.m.). PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Ramirez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY * 14-0708 PRESENTATION BY CHULA VISTA ANIMAL CARE FACILITY ANIMAL ADOPTION COUNSELOR LINDA SEPTON REGARDING ROSE, A DOG AVAILABLE FOR ADOPTION, AND THE FACILITY'S ADOPTION PROGRAMS Animal Adoption Counselor Septon presented Rose, a dog available for adoption, and spoke regarding the Facility's adoption programs. A. 14-0673 OATH OF OFFICE Marie Zhivago, Cultural Arts Commission City Clerk Norris administered the oath of office to Commissioner Zhivago, and Councilmember Salas presented her with a certificate of appointment. B. 14-0691 PRESENTATION BY SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) CHAIRMAN JACK DALE OF A PLAQUE IN RECOGNITION OF MAYOR CHERYL COX'S SERVICE ON THE SANDAG BOARD OF DIRECTORS SANDAG Chairman Jack Dale read the proclamation and presented it to Mayor Cox. City of Chula Vista Page 1 2014-12-16 Agenda Packet Page 18 City Council Meeting Minutes -Draft December 2,2014 C. 14-0655 PRESENTATION BY BOARD OF PORT COMMISSIONERS CHAIRMAN, BOB NELSON OF A PROCLAMATION TO MAYOR CHERYL COX RECOGNIZING HER FOR HER EXEMPLARY PUBLIC SERVICE TO THE CITY OF CHULA VISTA AND HER DEDICATION TO THE DEVELOPMENT OF CHULA VISTA'S BAYFRONT Board of Port Commissioners Chairman Bob Nelson read the proclamation and presented it to Mayor Cox. D. 14-0634 PRESENTATION OF A SPECIAL AWARD BY CIRCULATE SAN DIEGO PRESIDENT STEPHEN HAASE TO THE CITY OF CHULA VISTA AND MCMILLIN COMMUNITIES FOR PLANNING EFFORTS FOR INNOVATIVE LAND USE AND WALKABLE COMMUNITIES IN THE FUTURE MILLENIA EASTERN URBAN CENTER Circulate San Diego President Stephen Haase presented the City and the McMillin Companies with an award for the Millenia Eastern Urban Center project. Mr. Haase presented the award to Todd Galarneau, representing McMillin, Councilmember Bensoussan, and Principal Civil Engineer Adler. E. 14-0678 PRESENTATION BY CHULA VISTA CHARITABLE FOUNDATION CHAIR MICHAEL MEACHAM AND VICE CHAIR DEBBIE ESPE REGARDING THE CVCF'S SUCCESS IN INCREASING LOCAL PHILANTHROPY AND COMMUNITY LEADERSHIP OPPORTUNITIES Chula Vista Charitable Foundation Chair Michael Meacham and Vice Chair Debbie Espe thanked Mayor Cox for her leadership and gave a presentation on the history of the Foundation. CONSENT CALENDAR (Items 1 - 10) Items 7, 9, and 10 were removed from the Consent Calendar at the request of Councilmember Sa/as, City Attorney Googins, and Councilmember Ramirez, respectively. 1. 14-0690 APPROVAL OF MINUTES of November 18, 2014. Recommended Action: Council approve the minutes. 2. 14-0670 ORDINANCE NO. 3327 OF THE CITY OF CHULA VISTA UPDATING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA, AMENDING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE BENEFIT AREA, ESTABLISHING THE BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.55 OF THE MUNICIPAL CODE (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. 3. 14-0669 ORDINANCE NO. 3328 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 2 2014-12-16 Agenda Packet Page 19 City Council Meeting Minutes -Draft December 2,2014 4. 14-0671 ORDINANCE NO. 3329 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD POLICE ADMINISTRATIVE SERVICES ADMINISTRATOR, CHIEF OF STAFF, POLICY AIDE AND TREASURY AND BUSINESS MANAGER AND DELETE TREASURY MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. 5. 14-0642 RESOLUTION NO. 2014-225 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2015 Recommended Action: Council adopt the resolution. 6. 14-0674 A. RESOLUTION NO. 2014-226 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE CITY OF CHULA VISTA AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO LOCAL 2180 BARGAINING UNIT ("IAFF") RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING AND ANY NECESSARY DOCUMENTS AS MAY BE REQUIRED TO IMPLEMENT THE MEMORANDUM OF UNDERSTANDING; AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) B. RESOLUTION NO. 2014-227 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/15 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Recommended Action: Council adopt the resolutions. Item 7 was removed from the Consent Calendar. 8. 14-0629 RESOLUTION NO. 2014-229 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF OFFICIALS, CANDIDATES AND DESIGNATED EMPLOYEES WHO ARE REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS AND THE DISCLOSURE CATEGORIES FOR SAID FILERS, AND DESIGNATING THOSE FILERS AS "LOCAL AGENCY OFFICIALS' FOR PURPOSES OF AB 1234, THEREBY REQUIRING THEM TO PARTICIPATE IN MANDATED ETHICS TRAINING Recommended Action: Council adopt the resolution. Items 9 and 10 were removed from the Consent Calendar. City of Chula Vista Page 3 2014-12-16 Agenda Packet Page 20 City Council Meeting Minutes -Draft December 2,2014 Approval of the Consent Calendar ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to approve staff's recommendations on the above Consent Calendar items, headings read,text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR (Part 1 of 2) 7. 14-0687 RESOLUTION NO. 2014-228 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA NAMING THE NEW MULTI-PURPOSE BUILDING AT THE ANIMAL CARE FACILITY AFTER MAYOR CHERYL COX IN HONOR OF HER SUPPORT OF THE FACILITY DURING HER EIGHT YEARS OF SERVICE Councilmember Salas spoke regarding the item and read the proposed resolution. ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, that Resolution No. 2014-228 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 3- Bensoussan, Ramirez and Salas No: 0 Absent: 1 - Aguilar Abstain: 1 - Cox 9. 14-0645 RESOLUTION NO. 2014-230 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF PREVAILING WAGES ON CITY PUBLIC WORKS CONTRACTS AND OTHER MEASURES REQUIRED TO REMAIN ELIGIBLE FOR STATE FUNDING AND FINANCIAL ASSISTANCE FOR CITY CONSTRUCTION PROJECTS UNDER CALIFORNIA LABOR CODE SECTION 1782 (ALSO KNOWN AS SB 7) UNLESS AND UNTIL SB 7 IS ENJOINED OR INVALIDATED City Attorney Googins presented information on the item. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution No. 2014-230 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 Item 10 was heard following Closed Session Item 15. City of Chula Vista Page 4 2014-12-16 Agenda Packet Page 21 City Council Meeting Minutes -Draft December 2,2014 PUBLIC COMMENTS There were none. PUBLIC HEARINGS Mayor Cox stated that Items 11, 12, and 13 would be heard concurrently. 11. 14-0596 CONSIDERATION OF AN ENVIRONMENTAL IMPACT REPORT FOR OTAY RANCH VILLAGES THREE, A PORTION OF FOUR, EIGHT EAST, AND TEN RESOLUTION NO. 2014-232 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR-13-01; SCH NO. 2013071077) FOR THE OTAY RANCH UNIVERSITY VILLAGES SECTIONAL PLANNING AREA PLANS, GENERAL PLAN AMENDMENT, GENERAL DEVELOPMENT PLAN AMENDMENT AND TENTATIVE MAPS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 12. 14-0606 CONSIDERATION OF AMENDING THE GENERAL PLAN, THE OTAY RANCH GENERAL DEVELOPMENT PLAN, VARIOUS OTAY RANCH VILLAGE SECTIONAL PLANNING AREA PLANS, AND APPROVING VILLAGE THREE NORTH AND A PORTION OF FOUR, EIGHT EAST, AND TEN SECTIONAL PLANNING AREA PLANS AND RELATED TENTATIVE MAPS A. RESOLUTION NO. 2014-233 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE, CIRCULATION AND POLICY CHANGES FOR APPROXIMATELY 1,375 ACRES WITHIN THE OTAY RANCH PLANNED COMMUNITY, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES B. RESOLUTION NO. 2014-234 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR SECTIONAL PLANNING AREA (SPA) PLAN PROPOSING 1,002 SINGLE-FAMILY DWELLING UNITS, 595 MULTI-FAMILY DWELLING UNITS, APPROXIMATELY 40 GROSS ACRES OF INDUSTRIAL AND OFFICE USES, AND A MINIMUM OF 20,000 SQUARE FEET OF RETAIL USES FOR AN APPROXIMATELY 436.0 ACRE SITE LOCATED PRIMARILY NORTH OF MAIN STREET AND NORTHWEST AND SOUTHEAST OF HERITAGE ROAD City of Chula Vista Page 5 2014-12-16 Agenda Packet Page 22 City Council Meeting Minutes -Draft December 2,2014 C. RESOLUTION NO. 2014-235 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE EIGHT EAST SECTIONAL PLANNING AREA (SPA) PLAN PROPOSING 943 SINGLE-FAMILY DWELLING UNITS, 2,617 MULTI-FAMILY DWELLING UNITS, AND A MINIMUM OF 20,000 SQUARE FEET OF RETAIL COMMERCIAL USES FOR AN APPROXIMATELY 575.3 ACRE SITE LOCATED PRIMARILY SOUTH OF MAIN STREET AND WEST OF SR-125 D. RESOLUTION NO. 2014-236 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH VILLAGE TEN SECTIONAL PLANNING AREA (SPA) PLAN PROPOSING 695 SINGLE-FAMILY DWELLING UNITS, AND 1,045 MULTI-FAMILY DWELLING UNITS FOR AN APPROXIMATELY 363.4 ACRE SITE LOCATED SOUTH OF HUNTE PARKWAY AND THE FUTURE UNIVERSITY SITE E. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE EIGHT EAST (FIRST READING) G. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE TEN (FIRST READING) H. RESOLUTION NO. 2014-237 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT-13-02 (PCS-13-02) FOR THE OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN I. RESOLUTION NO. 2014-238 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT-13-03 (PCS-13-03) FOR THE OTAY RANCH VILLAGE EIGHT EAST PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN City of Chula Vista Page 6 2014-12-16 Agenda Packet Page 23 City Council Meeting Minutes -Draft December 2,2014 J. RESOLUTION NO. 2014-239 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE MAP CVT-13-04 (PCS-13-04) FOR THE OTAY RANCH VILLAGE TEN PROJECT SUBJECT TO THE CONDITIONS CONTAINED HEREIN 13. 14-0597 CONSIDERATION OF APPROVING AMENDMENTS TO TWO DEVELOPMENT AGREEMENTS PURSUANT TO THE LAND OFFER AGREEMENT BETWEEN THE CITY AND SSBT LCRE V, LLC A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT AGREEMENT) (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER JEWELS OF CHARITY DEVELOPMENT AGREEMENT) (FIRST READING) Notice of the hearings for Items 11, 12, and 13 was given in accordance with legal requirements, and the hearings were held on the date and no earlier than the time specified in the notice. Director of Development Services Broughton, Planning Manager Batchelder, Principal Civil Engineer Adler, and Marni Borg, consultant, presented information on the item. Ranie Hunter, representing SSBT LCRE V, LLC, applicant, spoke in support of staffs recommendation and submitted written documentation of an understanding between the City and SSBT LCRE V, LLC regarding Village 10. Mayor Cox opened the public hearings for Items 11, 12, and 13. The following members of the public spoke in support of staffs recommendation: -Jeff O'Connor, representing Otay Land Company - Tom Story, representing Main Street Car Dealers Association There being no other members of the public who wished to speak, Mayor Cox closed the public hearings for Items 11, 12, and 13. In response to questions from Councilmember Bensoussan, Ranie Hunter, representing SSBT LCRE V, LLC, applicant, provided information regarding the proposed landscaping. ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, that Resolution No. 2014-232 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 City of Chula Vista Page 7 2014-12-16 Agenda Packet Page 24 City Council Meeting Minutes -Draft December 2,2014 ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember Salas, that Resolution Nos. 2014-2333 2014-2343 2014-2353 2014-2363 2014-2373 2014-2383 and 2014-239 be adopted, and the ordinances under Items 12.E, 12.F, and 12.G be placed on first reading, headings read, text waived. The motion carried by the following vote: Yes: 3- Bensoussan, Salas and Cox No: 1 - Ramirez Absent: 1 - Aguilar Abstain: 0 ACTION: A motion was made by Councilmember Salas, seconded by Councilmember Bensoussan, that the ordinances under Items 13.A and 13.13 be placed on first reading, headings read,text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 Mayor Cox announced that the Council would convene in closed session to discuss the item listed below. Mayor Cox recessed the meeting at 4:24 p.m. The Council reconvened in Closed Session at 4:39 p.m., with Councilmembers Bensoussan, Salas, and Ramirez, and Mayor Cox present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 15. 14-0692 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court, Case No. 37-2013-00055103-CU-MC-CTL ACTION: No reportable action. The Council reconvened in open session at 5:05 p.m., with Councilmembers Bensoussan, Salas, and Ramirez, and Mayor Cox present. ITEMS REMOVED FROM THE CONSENT CALENDAR (Part 2 of 2) 10. 14-0668 RESOLUTION NO. 2014-231 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REDUCING THE TRANSFER FROM THE GENERAL FUND TO THE PUBLIC LIABILITY EXPENSE FUND BY $300,000 AND APPROPRIATING SAID FUNDS TO THE NON-DEPARTMENTAL SUPPLIES AND SERVICES BUDGET FOR PROJECTED ATTORNEY SERVICES EXPENSES (4/5 VOTE REQUIRED) City of Chula Vista Page 8 2014-12-16 Agenda Packet Page 25 City Council Meeting Minutes -Draft December 2,2014 ACTION: A motion was made by Councilmember Ramirez, seconded by Councilmember Salas, that Resolution No. 2014-231 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 CITY MANAGER'S REPORTS On behalf of City Manager Halbert, Deputy City Manager Kachadoorian thanked Mayor Cox and Councilmember Ramirez for their service on the Council. MAYOR'S REPORTS 14. 14-0672 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING COMMISSIONS: NANCY SEDGWICK TO THE RESOURCE CONSERVATION COMMISSION JORGE MARROQUIN AND JERRY MUNOZ TO THE SAFETY COMMISSION ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that the above appointments be ratified. The motion carried by the following vote: Yes: 4- Bensoussan, Ramirez, Salas and Cox No: 0 Absent: 1 - Aguilar Abstain: 0 Mayor Cox stated that the swearing in ceremony for the newly elected and re-elected officials would be held on December 9, 2014, at 6.00 p.m. COUNCILMEMBERS' COMMENTS Councilmember Salas thanked Councilmembers Aguilar and Ramirez for their work on the Starlight Parade. Councilmember Ramirez announced the Starlight Parade on December 6, 2014, and thanked staff, supporters, and Councilmember Aguilar who worked on the event. He also reported on his recent tour of the Chula Vista Police Department's crime lab and evidence room. Mayor Cox announced the upcoming Holiday in the Village event and the Starlight Parade on December 6, 2014. CLOSED SESSION Item 15 was taken out of order and discussed following Item 13. City of Chula Vista Page 9 2014-12-16 Agenda Packet Page 26 City Council Meeting Minutes -Draft December 2,2014 ADJOURNMENT At 5:12 p.m., Mayor Cox adjourned the meeting to the Special City Council Meeting on December 9, 2014, at 6:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 10 2014-12-16 Agenda Packet Page 27 City of Chula Vista Meeting Minutes - Draft Tuesday, December 9,2014 6:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 SPECIAL MEETING OF THE CITY COUNCIL CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez, Councilmember Salas, and Mayor Cox Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow 82nd AIRBORNE TO PRESENT COLORS The 82nd Airborne presented the colors. PLEDGE OF ALLEGIANCE TO THE FLAG LEAD BY MARISSA MICHELE HICE Marissa Michele Hice led the Pledge of Allegiance. NATIONAL ANTHEM PERFORMED BY MARINA INSERRA Marina Inserra performed the National Anthem. INVOCATION BY ASSEMBLYWOMAN LORENA GONZALEZ Assemblywoman Gonzalez offered the invocation. * 14-0711 PRESENTATION BY CHULA VISTA ANIMAL CARE FACILITY ANIMAL ADOPTION COUNSELOR LINDA SEPTON OF ZOEY, A DOG AVAILABLE FOR ADOPTION AT THE FACILITY Animal Care Facility Administrator Anton presented Zoey, a dog available for adoption at the Animal Care Facility. CONSENT CALENDAR (Item 1) 1. 14-0626 RESOLUTION NO. 2014-240 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 4, 2014, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW City of Chula Vista Page 1 2014-12-16 Agenda Packet Page 28 City Council Meeting Minutes -Draft December 9,2014 ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that Resolution No. 2014-240 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, Ramirez, Cox and Salas No: 0 Abstain: 0 COMMENTS IN TRIBUTE TO AND BY DEPARTING ELECTED OFFICIALS: 2. 14-0675 COMMENTS BY OUTGOING MAYOR CHERYL COX COMMENTS BY OUTGOING COUNCILMEMBER RUDY RAMIREZ The following members of the public spoke in tribute to outgoing elected officials: - Claudia Valenzuela, representing San Diego Gas&Electric - Cindy Gompper-Graves, representing the South County Economic Development Council -Ben Vallejos and Susan Fuller, representing the Living Coast Discovery Center -Andrew Yuen, representing the San Diego National Wildlife Refuge -Pamela Bensoussan, Councilmember -John Hess, representing the International Association of Fire Fighters -Melinda Nish, representing the Southwestern Community College District Mayor Cox reflected on her past term in office. Councilmember Ramirez reflected on his past term in office. OATHS OF OFFICE FOR NEWLY ELECTED AND RE-ELECTED OFFICIALS: 3. 14-0676 INTRODUCTION OF RE-ELECTED CITY ATTORNEY GLEN GOOGINS, OATH OF OFFICE TO BE ADMINISTERED BY SONYA MARIE GOOGINS COMMENTS BY CITY ATTORNEY GLEN GOOGINS INTRODUCTION OF RE-ELECTED COUNCILMEMBER PATRICIA AGUILAR, OATH OF OFFICE TO BE ADMINISTERED BY NICK AGUILAR COMMENTS BY COUNCILMEMBER PATRICIA AGUILAR INTRODUCTION OF NEWLY ELECTED COUNCILMEMBER JOHN McCANN, OATH OF OFFICE TO BE ADMINISTERED BY ASSEMBLYMEMBER ROCKY CHAVEZ COMMENTS BY COUNCILMEMBER JOHN McCANN INTRODUCTION OF NEWLY ELECTED MAYOR MARY CASILLAS SALAS, OATH OF OFFICE TO BE ADMINISTERED BY PAULA SILVA CASILLAS COMMENTS BY MAYOR MARY CASILLAS SALAS City of Chula Vista Page 2 2014-12-16 Agenda Packet Page 29 City Council Meeting Minutes -Draft December 9,2014 Sonia Marie Googins administered the ceremonial oath of office to City Attorney Googins. City Clerk Norris presented him with a certificate of election. City Attorney Googins reflected on his past term in office and spoke about upcoming events and issues. Nick Aguilar administered the ceremonial oath of office to Councilmember Aguilar. City Clerk Norris presented her with a certificate of election. Councilmember Aguilar reflected on her past term in office and spoke about upcoming events and issues. Assemblymember Chavez administered the ceremonial oath of office to Councilmember McCann. City Clerk Norris presented him with a certificate of election. Councilmember McCann spoke regarding upcoming events and issues. Paula Silva Casillas administered the ceremonial oath of office to Mayor Salas. City Clerk Norris presented her with a certificate of election. Mayor Salas reflected on her past term in office and spoke about upcoming events and issues. RECESS Mayor Salas recessed the meeting at 7:41 p.m. The Council reconvened at 8:28 p.m., with all members present. CALL TO ORDER At 8:28 p.m., Mayor Salas called the meeting to order. ROLL CALL: Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember McCann and Mayor Salas ACTION ITEMS 4. 14-0699 CONSIDERATION OF WHETHER TO HOLD A SPECIAL ELECTION OR APPOINT A PERSON TO FILL THE VACANCY OF CITY COUNCIL SEAT NO. 4, AND, IF BY APPOINTING A PERSON, CONSIDERATION OF AND DIRECTION TO STAFF ON THE APPOINTMENT PROCESS A. RESOLUTION NO. 2014-241 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF CITY COUNCIL SEAT NO. 4, AND DECLARING ITS INTENTION TO APPOINT A PERSON TO FILL THE VACANT SEAT OR City of Chula Vista Page 3 2014-12-16 Agenda Packet Page 30 City Council Meeting Minutes -Draft December 9,2014 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF CITY COUNCIL SEAT NO. 4; CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD JUNE 2, 2015, FOR THE PURPOSE OF ELECTING ONE MEMBER OF THE CITY COUNCIL, PURSUANT TO CHULA VISTA CHARTER SECTION 303.C; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT THE ELECTION; AUTHORIZING THE CITY CLERK OR HER DULY AUTHORIZED AGENTS TO CARRY OUT THE NECESSARY PROCEDURES FOR THE ELECTION; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) AND C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 2, 2015 City Clerk Norris presented information on the item. Mark Livag, Chula Vista resident, spoke in support of Council appointing a person to fill the vacancy on the City Council. Council discussion ensued on the method by which the appointment would made. There was consensus of the Council that. those interested in applying for appointment to the vacant seat would be required to complete an application and submit a resume, Councilmembers would submit nominations to the City Clerk based on the applications received; any applicant receiving two or more nominations by Councilmembers would be considered a "finalist" and would be invited for an interview before the Council;and all finalists would be required to complete an economic interests disclosure form. Hector Gastelum, Chula Vista resident, spoke in support of holding a special election to fill the vacant seat. ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember McCann, that Resolution No. 2014-241 (Item 4.A) be adopted, heading read, text waived, that the City Clerk be directed to make the Councilmember application available by December 15, 2014, and that the applications be accepted until December 29,2014. The motion carried by the following vote: Yes: 4- Aguilar, Bensoussan, McCann and Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert reported that the Police Department had received a grant from the federal government in the amount of $180,000 to improve security in the Police station lobby and implement a training simulator. He also stated that the Development Services Department had approved construction drawings for the construction of Heritage Road from Olympic Parkway to Main Street and that the project was slated to be completed by June 2016. City of Chula Vista Page 4 2014-12-16 Agenda Packet Page 31 City Council Meeting Minutes -Draft December 9,2014 MAYOR'S REPORTS Mayor Salas expressed her gratitude to the residents of Chula Vista for electing her to serve as Mayor and spoke regarding her upcoming term. COUNCILMEMBERS' COMMENTS Deputy Mayor Aguilar spoke in support of the Council considering changing the time of regular City Council meetings. Mayor Salas stated an item would be on the next Council agenda to allow the Council to discuss the issue. Councilmember Bensoussan congratulated Mayor Salas, Deputy Mayor Aguilar, Councilmember McCann and City Attorney Googins on the election or reelection to their respective offices. Councilmember McCann thanked those who supported him in the election and also during his recovery following a car accident. ADJOURNMENT At 9:07 p.m., Mayor Salas adjourned the meeting to the Regular City Council Meeting on December 16, 2014, at 2:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 5 2014-12-16 Agenda Packet Page 32 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0701, Item#: 2. A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE EIGHT EAST (SECOND READING AND ADOPTION) C. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE TEN (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinances. SUMMARY The applicant, SSBT LCRE V, LLC (SSBT), filed an application for the University Villages Project which includes amendments to the General Plan (GPA-10-02), Otay Ranch General Development Plan Amendments (GDPA-09-28), and Sectional Planning Area (SPA) Plans and Tentative Maps for Villages Three North and a Portion of Four (PCM-1 2-06/PCS-1 3-03), Eight East (PCM-1 2-04/PCS-1 3 -03), and Ten (PCM-12-01/PCS-13-04). The Project implements the terms of the Land Offer Agreement for Villages Three North and a Portion of Four, Eight East and Ten approved in 2014 between the City of Chula Vista and SSBT. ENVIRONMENTAL REVIEW The Otay Ranch University Villages Final EIR has been prepared in accordance with CEQA (Public Resources Code Section 21000 et seq.) and the City of Chula Vista's Environmental Review Procedures. Pursuant to Section 21067 of CEQA and Section 15367 and Sections 15050 through 15053 of the CEQA Guidelines, the City of Chula Vista is the Lead Agency under whose authority this EIR has been prepared. In accordance with the requirements of the California Environmental Quality Act (CEQA), a second- tier Environmental Impact Report (EIR-13-01) has been prepared to analyze the environmental impacts of the proposed University Villages GPA, GDPA, SPAs and TMs. EIR-13-01 is discussed in detail in a companion agenda statement and must be addressed and acted upon prior to City Council consideration of the University Villages GPA, GDPA, SPAs and TMs. BOARD/COMMISSION RECOMMENDATION City of Chula Vista Page 1 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 33 File#: 14-0701, Item#: 2. The Planning Commission, at their November 12, 2014 meeting, held a public hearing to review the project. The Planning Commission unanimously voted in favor of recommending approval of the project and asked staff to also provide a fiscal analysis of currently approved land uses. DISCUSSION The Project relates to three primary geographic areas (Villages Three North and a Portion of Four, Eight East and Ten) within Otay Ranch area of the City of Chula Vista. One of the areas, Village Ten, is located adjacent to the future university site. (Attachment 1 - Locator Map) As envisioned in the City's General Plan (GP) and the Otay Ranch General Development Plan (GDP) the City of Chula Vista has maintained a vision of locating a university within the Otay Ranch. The GP and GDP assign the designation of University within the southeastern area of the Otay Ranch. While the properties have been designated "University" many of the parcels that comprise the university area have been held in private, rather than public, ownership. In 2001, progress in assembling the land necessary to locate the University was made with the acquisition of approximately 140 acres of developable land for university purposes. It was understood that additional acreage was required to realize the land mass envisioned for the University by the GP and GDP. In 2007, the City began negotiating with area landowners on a land plan that would be beneficial to the City and carry out the goals of the GP and GDP. On July 8, 2014 the City of Chula Vista entered into a Restated and Amended Land Offer Agreement (LOA) with landowner SSBT that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for an additional 130.7 acres of developable University/Regional Technology Park land (as well as an adjacent 40 acres of Preserve land that could be potentially converted to university purposes land) and 22.6 acres of active recreation land, if certain entitlements are approved within the required timeframes. The proposed project is consistent with the LOA between the Applicant and the City, which consists of up to 6,897 homes and associated village land uses within three geographic areas within the Otay Valley Parcel of the Otay Ranch GDP. The LOA supports the vision expressed in the GP and GDP for a University in Eastern Chula Vista. The GP/GDP amendments (Project) will result in land use changes for project areas, reconfigure existing Otay Ranch village boundaries, increase residential densities, and amend the General Plan Circulation Element in eastern Chula Vista. The General Plan amendment (GPA), and Otay Ranch General Development Plan (GDP) amendment, will result in policy, circulation, and land use changes affecting lands within the Project area. All amendments are intended to facilitate and support a university site, and establish appropriate land uses adjacent to the university. The GP/GDPA will establish the land use patterns and development intensities necessary for a successful university. The SPA Plans and Tentative Subdivision Maps related to the three project areas further implement the vision for Otay Ranch Area Urban Villages in the context of established and planned communities along the University site Project Area Descriptions Village Three North and a Portion of Four Village Three North and a Portion of Four (approximately 436.0 acres of the proposed project area) is City of Chula Vista Page 2 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 34 File#: 14-0701, Item#: 2. located at the southwest edge of the Otay Valley Parcel of Otay Ranch, just north of the Otay Valley Regional Park (OVRP), north and south of the future extension of Main Street and east of existing industrial development. The Village Three North component of the proposed project encompasses a Portion of Village Three as identified in the Otay Ranch GDP. The portion of Village Four included in the proposed project area is within the Otay Ranch GDP boundaries of Village Four; however, it is limited to 29.7 acres. Village Three North is visible from the OVRP and the Chula Vista Greenbelt trail systems. The Portion of Village Four is located west of the southern terminus of La Media Road, east of Wolf Canyon and north of the Otay Valley rock quarry. The Portion of Village Four is visible from the southern edge of Village Two and from the eastern Portion of Village Three North. (Refer to Attachment 2a). Village Eight East Village Eight East (approximately 575.3 acres) is located at the southern edge of the Otay Valley Parcel of Otay Ranch, just north of the Otay River Valley, primarily south of Main Street, and west of SR-125. Situated above the bottom of the river valley, Village Eight East is visible from the OVRP and Chula Vista Greenbelt trail systems. Village Eight East encompasses the eastern part of Village Eight, adjacent to SR-125, as identified in the Otay Ranch GDP, as well as a portion of Village Seven. The project includes a boundary adjustment for that portion of Village Seven to be encompassed in Village Eight East. The Village Eight East project area also includes active recreation and open space designated lands within the Otay Ranch General Development Plan Planning Area 20. (Refer to Attachment 3a). Village Ten Village Ten (approximately 363.4 acres) is located south of Hunte Parkway and the future University site, west of Salt Creek Canyon and north of the Otay River Valley. Village Ten is visible from the OVRP and Chula Vista Greenbelt trail systems, as well as the County of San Diego Lower Otay Regional Park. The Village Ten component of the proposed project includes the eastern portion parcel of Village Nine and the southern portion of Village Ten as identified in the Otay Ranch GDP. (Refer to Attachment 4a). GP Amendments The proposed GP amendments would result in the following changes in land use in each village. Enclosure 1 contains details of proposed GP Amendments. The existing and proposed GP Plans are contained respectively in Attachments 5 and 6. The proposed project also seeks to change portions of the adopted Chula Vista GP Circulation Plan-East in order to support the project's design. These amendments would allow the Circulation Plan to be consistent with proposed land use changes. Village Three North and a Portion of Village Four Village Three North land use changes would convert the existing Limited Industrial land uses to the following: Residential Low-Medium, Residential Medium, Mixed-Use Residential, Parks and City of Chula Vista Page 3 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 35 File#: 14-0701, Item#: 2. Recreation, Public and Quasi Public, Open Space (OS), Open Space Preserve (OS/P), and Mixed- Use Commercial. The proposed land use changes for the Portion of Village Four would convert a portion of the area designated as OS to OS/P. The amendment would allow for residential land uses to be located within the 1 ,000 foot nuisance easement area however, not within 1,000 feet of the active landfill area. Village Eight East Village Eight East land use changes would convert the Residential Low-Medium to Residential Medium as well as rearrange the uses. Uses proposed for Village Eight East include: Mixed-Use Residential, Residential Medium, Public and Quasi Public, Parks and Recreation, Open Space - Active Recreation and OS. Village Ten Village Ten land use changes would convert the existing designated uses of Public and Quasi Public to Residential Medium, Mixed-Use Residential, Parks and Recreation, and OS. Areas remaining north of the proposed Village Ten boundary would be available to accommodate the future university site. A parcel of approximately 8 acres would be detached from Village Nine and be re-assigned to Village Ten. Otay Ranch GDP Amendments The following provides an overview of proposed amendments to the Otay Ranch GDP (Refer to Enclosure 2 for full document of changes). These amendments are required to implement the land plans of the proposed project. Land Use Changes The existing Otay Ranch GDP Land Use Plan for the project area is shown on Attachment 7. The proposed project seeks to amend the land uses identified on the Otay Ranch GDP Land Use Map in Villages Three North and a Portion of Village Four, Village Eight East, and Village Ten. The proposed Otay Ranch GDP Land Use Plan for the project area is shown on Attachment 8. The tables that follow provide the existing Otay Ranch GDP land uses as currently approved and the proposed land uses. Overall, residential dwelling unit yields would increase under the project from 1 ,263 (existing) to 6,897 (proposed) representing a net increase of 5,634 dwelling units. Project population would increase from 4,707 to 19,775 persons. Developed park land would increase from 13.2 to 92.1 gross acres. Industrial lands would decrease from 176.5 to 39.9 gross acres. Commercial lands would increase from 8.9 to 22.1 gross acres. Additionally, the location of Village Ten supports the creation and configuration of the future university site. Village Three North and a Portion of Village Four Village Three North land use changes are proposed to convert a portion of existing Industrial use City of Chula Vista Page 4 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 36 File#: 14-0701, Item#: 2. designations to the following: Low-Medium Village Residential, Medium Residential, Mixed Use, Mixed Use Commercial (MU-C), Community Park/Park (P-2/P), and OS. The Otay Ranch GDP land use changes for the Portion of Village Four would adjust a portion of the area designated as OS to OS/P. The amendment would locate residential uses within the 1,000 foot nuisance easement area however, not within 1,000 feet of the active landfill area. Tables 1, 2, 3 and 4 below describe the existing and proposed land uses. Table 1 Existing Village Three Land Uses Use Dwelling Units Acreage Approx . Pop. SF MF Total Dens Res Park CPF Sch C'ml Ind. OS Art Total Industrial 10.2 176.5 176.5 Other 10.2 146.9 34.8 191.9 Total 1 176.5 146.9 34.8 368.410 Table 2 Proposed Village Three Land Uses Use Dwelling Units Acreag e pprox . Pop. SF MF Total Dens Res Park CPF Sch C'ml Ind. OS Art Total LMV 51 51 4.9 10.5 .5 11.0 169 M 951 951 7.8 122.4 1.1 8.3 123.5 3,169 MU 595 595 40.8 14.6 7.9 2.6 33.4 1,535 MUC 11.3' 11.3 1 39.9 39.9 Other 129.5 19.8 164.3 Total 1002 1597 10.8 147.5 7.9 4.2 8.3 129.5 19.8 368.4 4,873 +20,000 Square feet of commercial may occur vertically or horizontally;therefore,actual acreage may vary. *Part of park acreage requirement has been allocated to community parks.Actual park size to be determined at the SPA level.Park acreage based on ratio of 3.0 acres per 1000 persons. **Includes 5.2 acres of Office and 6.1 acres of Mixed Use. Population estimate based on 3.3 persons per single family household and 2.55 persons per multi-family household. Table 3 Existing Portion of Village Four Land Uses Use Dwelling Units Acreage Approx . Pop. SF MF Total Dens Res Park CPF Sch C'ml Ind. OS rt Total City of Chula Vista Page 5 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 37 File#: 14-0701, Item#: 2. Other 17.8 1 1 1 1 167.1 1 184.9 Total 0 0 Table 4 Proposed Portion of Village Four Land Uses Use Dwelling Units Acreage Approx . Pop. SF IMF Total Dens Res Park CPF Sch C'ml Ind. OS Art Total Other 17.8 167.1 184.9 Total 0 0 Village Eight East Land uses proposed for Village Eight East would be consistent with the existing Otay Ranch GDP land use designations-Mixed Use, Community Park/Park, and OS-and would convert Medium-High Residential to Medium Residential. Tables 5 and 6 below describe the existing and proposed land uses. Table 5 Existing Village Eight Land Uses Use Dwelling Units Acreage Approx Pop. SF IMF Total Dens Res Park CPF+ Sch C'mI OS Art Total LMV 635 635 4.3 148.5 148.5 2,115 M U 5.9** 2.9 8.9 17.7 MH 293 293 14.5 20.2 10.0 30.2 756 Other 15.1 9.5 24.6 Total 635 293 928 5.5 168.7 5.9 2.9 10.0 8.9 15.1 9.5 221.0 2,871 **Part of park acreage requirement has been allocated to community parks.Actual park size to be determined at the SPA level.Park acreage based on ratio of 3.0 acres per 1000 persons. Population estimate based on 3.3 persons per single family household and 2.55 persons per multi-family household. City of Chula Vista Page 6 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 38 File#: 14-0701, Item#: 2. Table 6 Proposed Village Eight Land Uses Use Dwelling Units Acreage Approx . Pop. SF MF Total Dens Res Park CPF Sch C'ml OS Art Total M 943 943 7.2 130.5 1.6 132.1 3,140 MU 2617 2617 42.2 62.1 7.3 2.9 10.8 10.8 82.8 6,752 Other 11.2 9.9 21.1 Total 943 2617 3560 18.5 192.6 7.3 4.5 10.8 10.8 11.2 9.9 236.0 9,892 *20,000 Square feet of commercial may occur vertically or horizontally;therefore,actual acreage may vary. **Part of park acreage requirement has been allocated to community parks.Actual park size to be determined at the SPA level.Park acreage based on ratio of 3.0 acres per 1000 persons. Village Ten Village Ten proposed land use changes would convert the existing land designated as University to the following: Medium Residential, Mixed-Use Residential, Park, and OS. Refer to Tables 7 and 8. Table 7 Existing Planning Area Ten Land Uses Use Dwelling Units Acreage Approx . Pop. SF MF Total Dens Res Park CPF+ Sch C'ml OS Art Total L 35 35 2.0 17.8 17.8 112 LMV 242 242 4.5 53.9 53.9 774 M 30 30 6.0 5.1 5.1 96 MU 4.0 2.5 3.1 9.6 MH 335 335 17.5 18.8 4.6 23.4 854 CP 3.3 3.3 Other [24.9 4.9 12.7 37.6 Total 307 293 335 5.5 168.7 7.3 2.5 4.6 3.1 12.7 150.7 1,836 Table 8 Proposed Village Ten Land Uses City of Chula Vista Page 7 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 39 File#: 14-0701, Item#: 2. Use Dwelling Units Acreage Approx . Pop. SF MF Total Dens Res Park CPF+ Sch C'mI OS Art Total M 695 695 7.9 88.0 1.7 89.7 2,314 MU 1045 1045 41.6 25.1 7.6 2.6 9.2 44.5 2,696 Other 16.5 16.5 Total 695 1045 1740 15.4 113.1 7.6 4.3 9.2 1 16.5 150.7 5,010 Circulation Plan Changes The proposed project seeks to change portions of the adopted Otay Ranch GDP Circulation Plan. These amendments are essential the same as those circulation plan changes described in the GP amendments and would allow the Circulation Plan to be consistent with proposed land use changes. Other amendments to the Otay Ranch GDP include establishing revised village/planning area boundaries for Village Three North, Village Eight East, Village Nine, Village Ten, and the University/Research Technology Park Planning Area. Also included is the elimination of the requirement to provide an average 75-foot landscape buffer along Otay Valley Road through Village Ten due to the change in character of the road and surrounding village development. Chula Vista MSCP Subarea Plan and Otay Ranch Boundary Adjustment The proposed project would result in an adjustment to the boundaries of the Chula Vista MSCP Preserve as identified in the MSCP Subarea Plan and would also result in a Boundary Modification to the Otay Ranch Preserve as identified in the Otay Ranch RMP. Specifically, the project proposes to develop approximately 5.1 acres adjacent to Village Three North, 1 .3 acres adjacent to Village Ten, and roughly 40.9 acres adjacent to the University site previously identified as Preserve. The project proposes to designate 4.3 acres in Village Three North and a Portion of Village Four and 50.7 acres on the east side of Salt Creek, previously identified for development by the MSCP, as Preserve. The result is an overall increase of approximately 7.7 acres of MSCP Preserve land. Sectional Planning Area Plans Village Three North and a Portion of Four The Village Three North portion of the SPA Plan Area was originally included within the planning boundaries of Village Three and the Villages Two, Three, and a Portion of Village Four SPA Plan approved by the Chula Vista City Council in 2006. Proposed amendments to the 2006 SPA Plan will exclude the Village Three North area from the SPA boundary to coincide with current ownership boundaries. This SPA Plan includes a Portion of Village Three (Village Three North). The balance of City of Chula Vista Page 8 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 40 File#: 14-0701, Item#: 2. Village Three (Village Three South) remains in the Villages Two, Three and a Portion of Village Four SPA Plan, is not a part of the SPA Plan area and is under separate ownership. Enclosure 3 contains the proposed SPA Plan. Village Three North is designed as an urban village with pedestrian orientation and a multi-modal transportation focus. The design is consistent with the goals of the Otay Ranch GDP which guide the creation of a distinct, residential community including a village core. The community is designed to attract village residents to the core for social, public service, neighborhood shopping and recreation and community activities. A variety of residential neighborhoods are planned south of the village core connected by an internal circulation network that emphasizes pedestrian comfort and safety. The City of Chula Vista Regional Trail continues south from Village Two along Heritage Road through Village Three North, ultimately connecting to the Greenbelt Trail planned in the Otay River Valley. The Regional Trail along Main Street provides an east-west pedestrian connection between Village Three North and villages to the east. The Village Pathway connects the village core to the Regional Trail. The northern portion of Village Four included within the SPA Plan area includes a community park. Access is provided via the extension of Santa Luna Road west of La Media Road. A regional trail along La Media is extended along Santa Luna, providing a continuous pedestrian link into the community park and the residential neighborhood. A "Main Street" village identity is created along the central north/south street through Village Three North. Two additional Secondary Village Entry Streets enter Village Three North from Heritage Road. The extension of Main Street forms the southern boundary of the village. This community structure establishes key pedestrian connections along Heritage Road to and through the Business Park and between village serving land uses in the core and the surrounding residential neighborhoods. The village core includes an elementary school, a neighborhood park, higher density residential a CPF Site and commercial/mixed use land uses. A Rapid Bus route is planned along Main Street. A Local Bus stop may be provided along Heritage Road, within walking distance of the village core and business park uses. The location of mixed use commercial/retail land uses within the village core provides neighborhood serving land uses within walking distance of a majority of Village 3 North residents. Consistent with the village planning concept, higher density residential development is located in the village core with decreasing densities and single family detached homes located towards the perimeter of the village. Private recreational facilities (designated "CPF" or "P-OS" on the plan), approximately one-half to one-acre in size, are located in the residential neighborhoods and are connected to the core along a network of Promenade streets. Village serving land uses including the private recreational facilities, a neighborhood park and elementary school are located to create a series of open space focal points within the village. The residential neighborhoods of the village are connected by a grid street system to create multiple pedestrian and vehicular travel options throughout the village. Village Three North includes one segment of the Chula Vista Greenbelt Trail (approximately 289'). This segment will be implemented according to the Greenbelt Master Plan and OVRP Design Standards and Guidelines. The southern portion of the Otay Ranch Business Park is located in the northern portion of the SPA City of Chula Vista Page 9 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 41 File#: 14-0701, Item#: 2. Plan area south of the Otay Landfill. The land use plan for this area provides for large-pad developments suitable for industrial and business park uses. Multiple points of access to the Business Park are provided from Heritage Road. This circulation design facilitates access and movement throughout the site. Office and commercial uses are support on a parcel south of Heritage Road, at the north east corner of the Village Three. A Site Utilization Plan (Attachment 2a) and Site Utilization Table (Attachment 2b) depict the location and acreage of the land uses and the densities. The SPA Park Master Plan includes one Neighborhood Park (6.6 net acres). The location is within walking distance of the most densely populated portion of the village and its proximity to the elementary school provides opportunities for shared facilities, access and programs. Also included in the overall plan is a 15.6 net acre portion of the future Otay Ranch Community Park. Project area trails along with area parks and open space are depicted on Attachment 2e. Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) The SPA Plan includes a PFFP and FIA. The PFFP, prepared for the city by Burkett & Wong Engineers (B&W), addresses all of the public facility needs associated with Village Three North and a Portion of Four. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 - Growth Management of the Otay Ranch GDP. The PFFP provides an analysis of threshold requirements and a set of recommendations for public facility needs associated with traffic, police, fire and emergency services, schools, libraries, parks, water, sewer, drainage, air quality, civic center, corporation yard, and other city administrative facilities. The PFFP also includes a FIA of the Village Three North and a Portion of Four plan and phasing program that was prepared by HR&A Advisors. The Village Three North and a Portion of Four FIA has been prepared using the City's Fiscal Impact Framework to provide a consistent evaluation of all of the Chula Vista SPAs. The Framework utilizes the City of Chula Vista budget to identify and allocate variable revenues and costs that grow proportionally with incremental development, and sets up a consistent method to calculate revenue and cost impacts that may change according to the specific development program. Such variables include property taxes, vehicle license fees, sales tax receipts, and transient occupancy tax receipts. Based on the FIA and the assumptions contained therein, the village is expected to generate a positive annual net fiscal impact of $401 ,000 in 2030 (Year 17). Annual fiscal impacts are negative from Year 1 through Year 3 primarily due to the lag in property tax receipts. During this period, the project will generate a net fiscal cost to the City of -$164,000. The project generates a net fiscal revenue staring in the fourth project year (2017). There is a one-time surge in annual fiscal impacts in year 6 (2019) due to property transfer tax from the last year of residential absorption. Thereafter, net fiscal revenues gradually increase as industrial acres and commercial acres are absorbed between 2018 and 2028 (Year 5 and Year 15). (CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (SPA Plan). City of Chula Vista Page 10 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 42 File#: 14-0701, Item#: 2. Village Three Alternative Plan The project also includes an alternative land use plan that maintains the same quantity of dwelling units and similar non-residential land acreages but with a reconfigured mixed use core area. The alternative land plan precludes the construction of residential units within 1 ,000 feet of the active landfill area (Consistent with the Amended and Restated Otay Landfill expansion Agreement (August 12, 2014), Paragraph 2.5 Residential Setback of the Otay Landfill Expansion Agreement, requires the City to not allow the construction of residential units on properties within 1 ,000 feet of the active area of the Otay Landfill). The Village Three Alternative Plan would locate residential parcels within about 700 feet of the landfill's southern boundary. While the current landfill nuisance easement boundary (established in 1997) is 1 ,000 feet from the landfill's southern property boundary, the 1 ,000 foot buffer (Active Landfill) is approximately 700 feet from the southern Otay Landfill. The Alternative Land Plan relocates the neighborhood park where a few residential neighborhoods (R-1 , R-4, R-6) reside in the non-alternative land plan. Additionally, the boundary between the 0-1 parcel and adjacent residential is reconfigured to coincide with the 1 ,000 foot buffer boundary. The Alternative Plan (Enclosures 4a, b, and c) maintains the mix of village core land uses thereby maintaining consistency with the design parameters of Otay Ranch Village Cores. The applicant's preferred plan is the "non-alternative". Public comments received by the City during the Project's EIR public review comment period included a comment from the San Diego County Solid Waste Local Enforcement Agency (LEA) pertaining to the Village Three Alternative Plan. The LEA indicated a preference for the Alternative since "Per the Draft EIR, this alternative is consistent with the City of Chula Vista's General Plan Policy E 6.4 which avoids placement of sensitive receptors (residential properties, schools, etc.) within 1 ,000 feet of a "toxic emitter" and the landfill is identified as a major toxic emitter" in the Draft EIR". The preferred plan ("non-alternative") is also consistent with General Plan Policy E 6.4. Policy 6.4 states: "Do not site new or re-powered fossil- fueled baseload or peaking-type Electrical Generating Facilities and other major toxic air emitters within 1 ,000 feet of sensitive receptors or site sensitive receptors within 1,000 feet of such facilities." The operative phrase that applies to Village Three North is "...and other major toxic air emitters within 1 ,000 feet..." With the application of and implementation of a Tentative Map condition of approval that prohibits the construction of residential structures within 1,000 feet of the active landfill area; the project will be in compliance with the General Plan Policy 6.4. The Planning Commission reviewed the merits of each of the two land plans for Village 3 North and indicated a preference for the preferred plan following testimony from the public. Should the Council choose the Alternative Land Plan (Enclosure items 4a, b, c and d) staff will be able to, along with the Applicant, create a conformed copy of the SPA Plan document. Conversion of Industrial Lands The subject of job-housing balance and the adequacy of Chula Vista's employment lands inventory to meet projected local jobs demand was prevalent part of the General Plan Update (GPU) process. The consulting firm AECOM was retained during the GPU to prepare an Employment Lands Analysis (ELA) evaluating both the regional context for employment demands, and in particular the amount of City of Chula Vista Page 11 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 43 File#: 14-0701, Item#: 2. employment land capacity that Chula Vista should be retaining/building into the GPU. Three scenarios were developed (Low, Moderate and High), with the "low" scenario reflecting Chula Vista's historic capture rate of regional employment growth, and the "moderate and high" scenarios assuming increasing capture rates for Chula Vista given our increasing attractiveness as other employment opportunities in the region are consumed. The conclusions presented with the GPU (adopted in December 2005) were positive, and supported by the expansion of office capacity within the Urban Core area, future Bayfront development, the University, as well as through the addition of the Regional Technology Park (RTP) use in eastern Chula Vista. To be conservative, and recognizing Chula Vista's growing role in regional employment attraction, the ELA suggested that Chula Vista plan for the moderate or high demand scenario, and consider providing for some residual capacity beyond the year 2030 which was the horizon for the ELAs. Given that the 2010 Land Offer Agreements proposed changes to employment lands over those analyzed and adopted as part of the GPU, the City of Chula Vista (City) retained AECOM to review the assumptions and projections considered in the 2005 GPU analyses, investigate any significant changes in regional market conditions, and considering those changes, identify the resulting effects of the proposed projects on the adequacy of the City's employment lands base. AECOM prepared a series of updated ELAs evaluating LOA land use changes for both the OLC and JPB properties. As presented in those updated ELAs, after evaluating revised demand assumptions to reflect 2010 market conditions, and a fairly significant adjustment in SANDAG's regional employment forecast due largely to the Great Recession, AECOM concluded that the proposed land use changes will not have a negative effect on the sufficiency of the City's remaining employments lands to meet revised demands under either the moderate or high demand scenarios. The below table summarizes those outcomes, and shows the revised, current moderate and high demand scenario amounts for Chula Vista in comparison to the original GPU work. As can be seen, the demand projections have dropped from those of the GPU due primarily to SANDAG's revised regional employment demand projections. It should be noted that these figures do not include the retail sector as the focus of the ELAs was on the creation of "higher value" jobs which are predominantly associated with the office and industrial land use sectors. Employment Lands Demand Summary City of Chula Vista Page 12 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 44 File#: 14-0701, Item#: 2. ■ 2005 OPU Projection - Industrial Space Demand Moderate Scenario: 5.5 Million SF 1 (342 Acres) a High Scenario: 9.1 Million SF 1 (558 Acres) ■ 2012 Projection - Industrial Space Demand - Moderate Scenario: 2.8 Million SF 1 (171 Acres) - High Scenario: 4.1 Million SF 1(253 Acres) 2005 OPU Projection - Office Space Demand Moderate Scenario: 2.2 Million SF High Scenario: 3.8 Million SF 2012 Projection - Office Space Demand Moderate Scenario: 1.2 Million SF High Scenario: 2.2 Million SF Using the "high" demand sceario, Chula Vista should be retaining capacity for approximately 4.1 million square feet of industrial job space. Under an assumed Floor Area Ratio (FAR) of approximately .4 (meaning only 40% of any site is considered when calculating capacity), that equates to approximately 253 acreas of land. For Office capacity, the revised figure for the high demand scenario is 2.2 million square feet. Acre conversions are not shown for Office capacity as FARs on office sites vary greatly, including mid- to high-rise bulding configurations that could be present in both the Urban Core and Eatern Urban Center (Millenia) where FARs can be much higher. Below is a summary table prepared by staff illustrating the current estimated supply/capacity of remaining major Office and Industrial land inventories throughout Chula Vista. For the Industrial category, the acreages were taken from both vacant parcels in our land use inventory, and from adopted land plans. As reflected in the footnotes, potential building square footage capacity was estimated by applying "net land" discounts to the acres, and then assuming development at a .3 FAR which is average for industrial development. For the Office category, square footages were taken from associated land planning documents, and as previously noted, acreas are not provided given the highly variant FARs, and that some of these capacities occur in a mixed use settings. With regard to proposed Village 3 land plan, it is important to note that the below information reflects the proposed reduction of industrial land, and the addition of office capacity. As can be seen, the remaining supplies/capacities for both Industrial and Office lands are more than sufficient to meet the revised ELA's high demand projections of 4.1 millon square feet (253 acreas) for Industrial, and the 2.2 million square feet for Office. This is not to suggest that we are somehow City of Chula Vista Page 13 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 45 File#: 14-0701, Item#: 2. now "overplanned", but rather indicates that the City would have remining capacity beyond the year 2030 which was the horizon year for the ELAs. It's also wothwhile to note that some of this total available capacity may not ultimatley be built based on market conditions. Employment Land Supply Overview Industrial Office Area Acres Square Feet Ares Square Feet VJLLAGE 9 WEST n/a 50,000 VILLAGE 5 nfa 1,200,000 EASTERN URBAN CENTER(EUC) n/a 2,000,000 UNIVERSITY n/a 818,261** REGIONAL TECHNOLOGY PARK(RTP) 85 1,850,300 VILLAGE 3 2.8.6 280,300 1113 120,0W URBAN CORE SPECIFIC PLAN n/a 1,300,400 SOUTHWEST CHULA VISTA 22 229,400 BAYFRONT 110 1,149,000 n/a 540,400 SUNBOW 46 450,000 VILLAGE 2 83 867,7OQ EASTlAKE BUSINESS CENTER 24 250,500 OTAY VALLEY ROAD 545 548,000 TOTAL 454.6 5,655,200 n/a 5,ONIOW *Uses 20-25°l reduction on acres for net land.Assurnes 0.3 FAR can net area. *' Academic and Administrative Offices Tentative Subdivision Map (PCS-13-02) The Village Three North and a Portion of Four Tentative Map covers 436.0 acres of land. The proposed subdivision includes 1,002 single family lots, three multi-family development parcels and nine mixed use lots. There are three Community Purpose Facility (CPF) sites, an Elementary School site, and two park sites. There will be approximately 192.8 acres of Open Space, and approximately 34.6 acres of land devoted to major roads. The multi-family parcels may be re-subdivided as development projects are submitted. The SPA Plan and the design process described in the PCD Regulations will control the dwelling unit counts within each of these larger parcels and ensure that development occurs in an orderly manner. The overall grading concept results in a development site that is sloped from the north to the south. City of Chula Vista Page 14 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 46 File#: 14-0701, Item#: 2. The grading proposes a balanced grading program with approximately 5.4 million cubic yards of cut and fill. In compliance with the requirements of the City's General Plan and the Otay Ranch GDP, contour grading techniques along with landscaping will be utilized on all manmade slopes. The Alternative Village Three North and a Portion of Four Tentative Map (PCS-13-02A) represents 950 single-family lots, six multi-family lots, 27.5 acres of mixed use/office/industrial, three CPF sites, an elementary school, two parks and 192.9 acres of open space. Major Roads account for 32.9 acres. Village 8 East The Village Eight East SPA Plan area represents the second eastern half of the former (Pre- February 2013) GDP titled Village Eight. Village Eight East will be self-contained in terms of having its own unique Village Core with an elementary school, public park, and mixed use areas yet will fit cohesively within the larger context of the community of Otay Ranch. Vehicular and pedestrian maintain connections with adjoining Otay Ranch Villages. Village Eight East is designed as an urban village with pedestrian orientation and a multi-modal transportation focus. The design is consistent with the goals of the Otay Ranch GDP which guide the creation of a distinct, residential community including a village core. The community is designed to attract village residents to the core for social, public service, neighborhood shopping and recreation and community activities. The Village Eight East Site Utilization Plan is provided in Attachment 3a. The Site Utilization Table is provided in Attachment 3b. The Village Eight East village core area is centrally located, placing the highest activity land uses within walking distance of a majority of homes. The village core includes an elementary school, a neighborhood park, community purpose facility sites, higher density residential and commercial/mixed use land uses. The location of mixed use commercial/retail land uses within the village core provides neighborhood serving land uses within walking distance of a majority of Village Eight East residents. A local bus stop may also be provided within the village core. A "Main Street" village identity is created along the Mixed Use frontage. As described in greater detail in the Village Eight East Design Plan, the Main Street theme is created through special paving, landscaping and architectural treatment at the mixed use and commercial area. The land use pattern establishes key pedestrian connections along Main Street and Otay Valley Road between village serving land uses in the core and the surrounding residential neighborhoods. The extension of Main Street forms the northern boundary of the Village. Otay Valley Road provides secondary access to Village Eight East as it links through Village Eight West and crosses SR-125 to connect with the University Planning Area (Villages Nine and Ten and the University and RTP). Regional Trails are provided on Main Street and Otay Valley Road. Village Eight East is connected to Village Nine via a future off-site pedestrian bridge which spans SR-125 and creates a pedestrian linkage from the Village Eight West Town Center through Village Eight East and to the University Planning Area as depicted in the Otay Ranch Overall Design Plan. A village paseo is provided within the northeast portion of the Village to provide a strong pedestrian linkage through single family City of Chula Vista Page 15 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 47 File#: 14-0701, Item#: 2. neighborhoods to the village core. Village Eight East includes a 3/4 mile segment of the Chula Vista Greenbelt/OVRP Trail. Two pedestrian connections from Village Eight East to the Chula Vista Greenbelt/OVRP trail are provided along the Community Park Entry Drive and Community Park Paseo. Three points of pedestrian access are provided between the Community Park and the Greenbelt/OVRP trail along the parks, southern edge. Consistent with the village planning concept, higher density residential development is located in the village core with decreasing densities and single family detached homes located towards the perimeter of the village. A mixed-use area is designated within the village core to provide neighborhood serving retail/commercial uses within the village core. The single-family residential neighborhoods of the village are connected by a grid street system to create multiple pedestrian and vehicular travel options throughout the village. Densities generally decrease west to east and north to south, with the less dense single family homes located in the southern village portion of the village. The southern portion of the SPA Plan area includes the active recreation community park site. The site is essentially an island of developed parkland surrounded by open space Preserve lands. Vehicular and pedestrian access is provided to the west side of the site and pedestrian and emergency access is available on the east side of the site. Its proximity to the Otay Valley affords trail connections from the park to the City's greenbelt trail system. Village Eight East - Land Use Alternative The Village Eight East SPA Plan contains a Land Use Alternative for Neighborhoods R-11 a and R- 12. The Tentative Map provides a layout for single family homes within both of these neighborhoods. However, in order to provide greater flexibility to respond to changing market conditions through build -out of the village, a multi-family Land Use Alternative is included in this SPA. Under the Land Use Alternative, the two neighborhoods would be combined and developed as one multi-family neighborhood. Under the single family scenario a total of 103 dwelling units could be accommodated. If the Multi-family alternative were implemented, a transfer of units from another development area could yield up to a maximum of 449 dwelling units. In order to implement the multi- family option within Neighborhoods R-11a and R-1 2a, units would be transferred from other multi- family neighborhoods within Village Eight East and/or other multi-family neighborhoods in Villages Three North or Ten, subject to the Density Transfer discussion below. A maximum of 346 multi- family units may be transferred to the combined R-11 a / R-1 2a parcel, resulting in a maximum of 449 DUs. Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA) The PFFP, prepared for the city by Burkett & Wong Engineers (B&W), addresses all of the public facility needs associated with Village Eight East. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 - Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that City of Chula Vista Page 16 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 48 File#: 14-0701, Item#: 2. the development is consistent with the goals and policies of the City's General Plan, GMP, GMO and the Otay Ranch GDP. The PFFP also includes a Fiscal Impact Analysis (FIA) of the Village Eight East plan and phasing program that was prepared by HR&A Advisors. Based on the FIA and the assumptions contained therein, the village is expected to generate a positive annual net fiscal impact of $123,000 in 2030 (Year 17). However, the project scenario is projected to generate net annual fiscal costs for 10 out of 15 years of absorption, totaling -1 .6 million. Net fiscal costs decrease after 2022 (Year 9) with gradual property tax revenue increases. Residential, parks, CPF, and other acres are fully absorbed in 2014 (Year 11). Annual net impacts become positive for the first time in 2025 (Year 12) and remain positive after 2026, as property revenues gradually increase relative to the stabilized costs of the fully absorbed residential and other acres. Based on the SPA Fiscal Framework's property growth factors, annual fiscal revenues grow from $23,000 in 2027 (Year 14) to $ 123,000 in 2039 (Year 17). Village Eight East also includes an alternative land plan related to neighborhoods R-11 a and R-1 2a. As described previously, the alternative would permit replacing single family with multi-family. The fiscal results of the alternative plan scenario differ slightly from the base project scenario. The alternative scenario is expected to generate a positive annual net fiscal impact of $70,000 in 2030 (Year 17). The alternative scenario has similar annual impacts relative to the project base scenario, but the net fiscal costs are projected for 12 out of 15 years of absorption, totaling -$1.7 million. While both scenarios generate annual net costs for several years, the alternative scenario generates two additional years of net costs. The base scenario generates cumulative total costs of -$1 .6 million (versus -$1.7 million for the alternative. In 2030, the base scenario is expected to generate $123,000 in annual net fiscal revenues (versus $70,000 for the alternative scenario). (CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (SPA Plan). Tentative Subdivision Map (PCS-13-03) The Village Eight East Tentative Map covers 575.3 acres of land. The proposed subdivision includes 943 single family lots, ten multi-family development parcels and three mixed use lots. There are four Community Purpose Facility (CPF) sites, an Elementary School site, and two park sites. There will be approximately 264.8 acres of Open Space, and approximately 8.1 acres of land devoted to major roads. The multi-family parcels may be re-subdivided as development projects are submitted. The SPA Plan and the design process described in the PCD Regulations will control the dwelling unit counts within each of these larger parcels and ensure that development occurs in an orderly manner. The overall grading concept results in a development site that is sloped from the north to the south. The grading proposes a balanced grading program with approximately 4.85 million cubic yards of cut and fill. In compliance with the requirements of the City's General Plan and the Otay Ranch GDP, contour grading techniques along with landscaping will be utilized on all manmade slopes. Village 10 City of Chula Vista Page 17 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 49 File#: 14-0701, Item#: 2. The SPA Plan for Village Ten refines and implements the land use goals, objectives and policies of the Otay Ranch GDP and the City of Chula Vista General Plan (CVGP). GDP and CVGP amendments are necessary to implement the vision for villages located within the City's University Planning Area, including increasing units, village circulation, village boundary adjustments and other land use refinements. The Chula Vista General Plan established the University Planning Area comprised of Villages Nine and Ten of the Otay Valley Parcel. The Village Ten SPA refines the boundaries of Village Ten and future University/Regional Technology Park within the boundaries of the University Planning Area. With its proximity to the future University and Village Nine, Village Ten is part of a broader community that provides a balance of land uses. The Village Ten land use plan strives to create a pedestrian-oriented urban village, as described by the GDP. The urban village is composed of mix of uses including higher density residential development, a community purpose facility site, a neighborhood park and elementary school site, forming a village core. The Village Ten core area is located along the northern village edge, providing a transition area between University land uses and the Village Ten residential land uses to the south. Because Village Ten neighborhoods are within an approximate one-half mile walking distance of the adjacent Village Nine Town Center with approximately 500,000 square feet of town center uses, the commercial/retail needs of Village Ten residents will be met within the Village 9 Town Center. In addition to Village Nine, neighboring Village 11 and the Eastern Urban Center provide additional commercial development to serve Village Ten residents. Densities will generally decrease north to south, with the less dense single family homes located along the southern village edge adjacent to the Otay River Valley. A Site Utilization Plan (Attachment 4a) and Table (Attachment 4b) depict the location and acreages of the land uses and the densities for Village Ten. The extension of off-site Discovery Falls Drive and University Drive are needed to implement the project. University Drive transitions from a 4-lane major road to a 2-lane secondary village entry street as it crosses the University/Regional Technology Park Planning Area. Attachment 4c depicts project vehicular circulation network. A hierarchical pedestrian circulation system within Village Ten includes the Chula Vista Regional Trail, Chula Vista Greenbelt Trail, Rural Trail, Village Pathway, Promenade Trails and Village Trail/Maintenance Access Road linkages (Attachment 4d). Bicycle circulation is accommodated along Hunte Parkway, University Drive, Discovery Falls Road and Otay Valley Road, as well as the internal street network. Access to the regional transportation network includes a potential Bus Rapid Transit station within Village 9 to the west and potential local bus stop at Discovery Falls and University Drive. Deferral Alternative- Village Ten With consideration for the recently approved land plan changes for Village Nine, Village Ten's western boundary extends west toward Village Nine's Street "B" and occupies the former Village Nine Lot "CC" and a parcel north of Lot "CC." The concept was supported by the landowner of Village Nine, through presentation of a letter (June 6, 2014) authorizing Village Ten's boundary moving westward onto soon to be former Village Nine area. The boundary modification is consistent with the LOA approved by City Council on July 8, 2014. Vehicular and pedestrian connections with the City of Chula Vista Page 18 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 50 File#: 14-0701, Item#: 2. adjacent Village Nine and the university site support connectivity and pedestrian friendly principles expressed in the GP and GDP. Notwithstanding the authorization letter (June 6, 2014) from adjacent landowner (Otay Land Company-(OLC)), OLC prepared a comment letter during the public review circulation of the University Villages EIR citing concerns about the project boundary and ownership issues. In response to the OLC comment letter, the Final EIR "Response to Comments" states in part "...the boundary between Villages Nine, Ten, and the University site were negotiated at great length between the Applicant, the City, and Otay Land Company. The ultimate configuration was based on a proposal made by, and agreed to by, Otay Land Company. This configuration allowed the Village Ten SPA Plan Area to overlap Village Nine and was subject to a future land exchange agreement swap ..." After submitting the EIR comment letter, OLC stopped processing the land exchange agreement. Accordingly, the project Applicant (SSBT) has developed a revised land plan for Village Ten which does not rely on the need for the land exchange agreement. The revised land plan is generally referred to as "Village Ten Deferral Plan". The Deferral Plan (Enclosure 11) involves 9.3 acres, 6.4 acres of residential land uses, 0.7 acres of land designated for CPF land uses, 0,2 acres of internal circulation, and 2.0 acres of manufactured open space. The single family neighborhoods south of Otay Valley Road identified on the proposed Village Ten land plan as a portion of neighborhoods R-8, R-13 and R-14 would be deferred until that time a property owner agreement addressing the boundary adjustment was completed. The Deferral Plan would decrease the single family residential unit count by 67. The Deferral Plan includes a reconfigured R-13 residential neighborhood comprised of 13 single family lots. The 0.7 acre CPF-4 site designated on the Village Ten land plan would be deferred. This would decrease the overall Village Ten CPF acreage from 4.0 acres to 3.3 acres. The Deferral Plan is incorporated into the TM for Village 10. A TM condition addressing the yet to be approved land exchange, is incorporated into the Village Ten TM resolution of approval. The Village Ten Deferral Site Utilization Plan and Table (Enclosure 11) will ultimately be incorporated into a conformed copy of the SPA document following action by the Planning Commission and City Council. Public Facilities Finance Plan (PFFP) and Fiscal Impact Analysis (FIA) The PFFP, prepared for the city by Burkett & Wong Engineers (B&W), addresses all of the public facility needs associated with Village Ten. The PFFP has been prepared under the requirements of the City of Chula Vista's Growth Management Program (GMP), Growth Management Ordinance (GMO) (CVMC 19.09) and Chapter 9 - Growth Management of the Otay Ranch GDP. The preparation of the PFFP is required in conjunction with the preparation of the SPA Plan to ensure that the development is consistent with the goals and policies of the City's General Plan, GMP, GMO and the Otay Ranch GDP. The PFFP also includes a Fiscal Impact Analysis (FIA) of the Village Ten plan and phasing program City of Chula Vista Page 19 of 24 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 51 File#: 14-0701, Item#: 2. that was prepared by HR&A Advisors. Based on the FIA and the assumptions contained therein, the village is expected to generate a positive annual net fiscal impact of $269,000 in 2030 (Year 17). The Village is expected to generate annual fiscal revenues of approximately $2.3 million in 2030. Property taxes are the greatest source of revenues, followed by motor vehicle license fees (MVLF). Together, property taxes and MVLF fees make up approximately 74 percent of anticipated revenues. The project has a net cost of approximately $60,000 in its two initial years of absorption, but then generates net revenues to the city thereafter, with revenues growing from $7,000 in the third year of absorption up to $269,000 in 2030, at build out of project. (CVMC Section 19.09.060(J) states that "projects shall be conditioned to provide funding for periods where expenditures exceed projected revenues." A condition has been added to the Tentative Map conditions requiring that the applicant enter into an agreement to provide such funding. Please refer to the PFFP, which includes the fiscal impact analysis, for additional details (SPA Plan). Fire Protection Plan - All Villages The city requires the preparation and approval of a Fire Protection Plan (FPP) with every new SPA Plan. Each of the project's Villages includes the identification of Fuel Modification Zones (FMZ). Fuel Modification Zones are essentially a brush management area from the perimeter structures extending outwards towards Preserve areas. All brush management zones and related fuel modification activities shall occur outside of the Preserve. The FPP includes a diagrammatic map that identifies physical zones in relationship to proposed structures. Each zone has specific planting and maintenance criteria applied to ensure fire protection goals and standards are maintained. Two zones are generally established at 50 foot intervals, radiating out from planned structures. The two zones combined total 100 feet of managed zones. The primary focus of the FPP is providing an implementable framework for suitable protection of the planned structures and the people living and utilizing them. Tasks completed in the preparation of this FPP include data review, code review, site fire risk analysis, land use plan review, fire behavior modeling, and site-specific recommendations. Each of the three FPPs provide details regarding site-specific policies and implementation measures concerning fire protection. Further, the FPP outlines a "systems approach" to fire prevention, protection, suppression, and emergency relocation to ensure proposed improvements and uses will reduce potential risks associated with fire hazard. For Village Three and a Portion of Four, the FPPF concludes that the Project is located in an area with nearby existing Chula Vista fire stations (Stations 3 and 7) as well as planned stations in Village 8 West and the Eastern Urban Center (EUC) that would enable a 5-minute travel time standard for City of Chula Vista Page 20 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 52 File#: 14-0701, Item#: 2. 90% of the project site (consistent with the approved FFMP) and the 4-minute travel time standard for approximately 65% of the project site, substantially in conformance with the existing goals and NFPA standard. The Village Eight East PFFP concludes that the Project is located in an area with a nearby existing Chula Vista fire station (Station 7) as well as planned stations in Village Eight West and the Eastern Urban Center (EUC) that would enable a 5-minute travel time standard for all of the project site (consistent with the approved FFMP) and the 4-minute travel time standard for approximately 70% of the project site, substantially in conformance with the existing goals and NFPA standard. Village Eight East Village Ten The Village Ten PFFP concludes that the Project is located in an area with a nearby existing Chula Vista fire station (Station 7) as well as planned stations in Village 8 West and the Eastern Urban Center (EUC) that would enable a 5-minute travel time standard for all of the project site (consistent with the approved FFMP) and the 4-minute travel time standard for approximately 70% of the project site, substantially in conformance with the existing goals and NFPA standard. Planned Community District (PCD) Regulations/Design Plan - All Villages Each of the respective SPA Plans contains PCD Regulations unique to each of the three Villages (Villages Three North and a Portion of Village Four, Eight East, and Ten). Planned Community District Regulations are intended to ensure the each SPA Plan is implemented in accordance with the Otay Ranch GDP by promoting the orderly planning and long term phased development of a Village. The PCD Regulations support a thoughtful cohesive community by establishing provisions that regulate, restrict and separate the use of land, buildings and structures, and that regulate and limit the type, height and bulk of buildings and structures in the various districts. Each Village SPA Plan is divided into Zoning Districts. The Zoning District Maps for each Village are contained in Attachments 2f, 3f, and 4.f. The PCD Regulations include provisions for addressing flexibility in implementation of the land plan as well as the establishment of a monitoring program to ensure overall land plan consistency. Intensity Transfer is an administrative process, conducted by the Zoning Administrator to ensure that implementation of the SPA Plan does not exceed the maximum number of units authorized while also permitting flexibility in implementation. The PCD Regulations also includes provisions for permitting potential density transfers between other identified Villages. Pursuant to the LOA, the Applicant may transfer, at its discretion, up to fifteen percent (15%) of the units allocated to a village within the University Villages Project to another village within the Project. The Zoning Administrator may approve, in his or her discretion, City of Chula Vista Page 21 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 53 File#: 14-0701, Item#: 2. any transfer of units more than fifteen percent (15%) or any transfer of units to another village within Otay Ranch but not within the University Villages Project, if all of the following requirements are satisfied. Village Design Plans Each of the SPA Plans includes a Village Design Plan unique to each respective Village. The Design Plans guide the site, building and landscape design within the village to ensure the quality of the adopted urban design and architectural concepts established for the overall Otay Ranch community are maintained. A separate set of guidelines are include for the industrial lands. The Village Design Plan identifies a theme for the village and delineates that identity through streetscape and landscape design, architecture, signage programs and lighting guidelines. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The University Villages Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master-planned communities). The project implementation documents (including the SPA Plans and TMs) support the development of a quality master-planned community (as described above) and allow the City the opportunity to accept lands for the university and regional technology park, as agreed to in the LOA between the City and the SSBT, which will provide access to higher education for the citizens of Chula Vista and south bay. CURRENT YEAR FISCAL IMPACT No actual development within the project area will occur in the current fiscal year. The processing of all project entitlements including the SPA Plans, Tentative Maps and all supporting documents are funded by a developer deposit account. This account funds both city staff and consultants representing the City on the project. ONGOING FISCAL IMPACT City of Chula Vista Page 22 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 54 File#: 14-0701, Item#: 2. An initial Fiscal Impact Analysis (FIA) was conducted for the City by AECOM in 2012 that analyzed the proposed develop plans at buildout, along with the proposed development plans for the Village 8W and 9 areas owned by Otay Land Company that are also the subject of university Land Offer Agreements (LOAs) with the City. This "cumulative" evaluated the net fiscal impact of the five villages subject to the LOAs. Based on subsequent revisions by the applicant to the land plans for Villages 3, 8E and 10, an updated cumulative FIA was prepared by AECOM in October 2013, and indicated an annual net fiscal surplus to the City of 238,000/yr. at buildout. In addition to this earlier, cumulative buildout analysis, the proposed projects are also required to prepare more detailed FIAs for each SPA Plan. As presented in more detail in the respective PFFP chapters of each SPA Plan, and based on a set of development phasing assumptions, the combined fiscal impacts of the proposed three projects (Villages 3, 8E, 10) results in a positive annual fiscal impact of $793,061 at their build-out (approximately year 17). Within the scope of the proposed land use changes being considered for approval in this report, is an alternative mix of dwelling units proposed for Village 8. This alternative scenario substitutes 103 more multi-family dwelling units in favor of single family dwelling units. At build-out, the alternative scenario results in a positive annual impact of $739,228 that is $53,833 less than the proposed project. Both of the scenarios reflect an improved, positive fiscal impact over the initial buildout FIA noted above due primarily to more refined information as to product types, associated valuations, sales tax assumptions, and an improvement in market condtions. A comparison of the fiscal impacts of these proposals over the build-out period is summarized in the following table: 17-Year Build-Out Period Project Annual Fiscal Cumulative Fiscal 9 of Deficit Years Yearly Deficit Impact at Build- Impact Over Build- Ranges Out Out Period Proposed $ 793,061 $2,309,919 9 $18,850-$151,200 Alternative $ 739,228 $2,763,133 10 $10,178-$150,400 Although the projects generate a net positive fiscal impact by their buildout, there are varying projected, annual fiscal deficits during the first 9-10 years of development. In the first year there is a combined (three project areas) net fiscal deficit of approximately $33,500, which spikes in year 3 at $151,199 and turns positive in year 11, with a surplus of approximately $236,309. Residential units are primarily constructed during the early years, with more non-residential (industrial, office, retail) underway beginning in year 6. The Chula Vista Municipal Code requires that projects shall be conditioned to provide funding for periods where expenditures exceed revenues. As a result, the project has been conditioned to require payment to the City of $120.00 at building permit for each of the 6,897 units, generating $827,640 in revenue to compensate for the early deficit years. Note: The above fiscal impact is based on the proposed land use entitlement changes and do not City of Chula Vista Page 23 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 55 File#: 14-0701, Item#: 2. reflect the difference between the proposed changes and the net fiscal impact of the currently approved entitlements for these lands if they were developed with no changes to their current entitlement status. ATTACHMENTS None Staff Contact: Joe Gamble City of Chula Vista Page 24 of 24 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 56 SECOND READING AND ADOPTION ORDINANCE No. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE THREE NORTH AND A PORTION OF FOUR WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "1" attached hereto and incorporated herein by this reference and commonly known as Otay Ranch Village Three North and a portion of Four, which consists of approximately 436.0 acres located primarily north of Main Street and northwest and southeast of Heritage Road (the "Property"); and WHEREAS, an application (PCM-12-06) to consider a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations for Village Three North and a portion of Four (the "Project") was filed with the City of Chula Vista Development Services Department on March 26, 2012, by SSBT LCRE V, LLC (the "Applicant" and "Owner"); and WHEREAS, the Project is intended to ensure that the Otay Ranch Village Three North and a Portion of Four SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable Otay Ranch Village Three North and a Portion of Four to exist in harmony within the community; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA-10-02, and Otay Ranch General Development Plan Amendment GDPA-09-28, approved by the City Council on December 2, 2014, by Resolution No. 2014- ; and WHEREAS, the development of the Property relied on the Otay Ranch University Villages Project Environmental Impact Report No. 13-01 , SCH # 2014071077 (EIR-13- 01); and the Findings of Fact and Mitigation Monitoring and Reporting Program, Certified by the City Council on December 2, 2014; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community (PC) Zone, which is applicable to the Otay Ranch Village Three North and a portion of Four SPA Land Use Plan; and WHEREAS, the Project establishes a Planned Community District Regulation Code applicable to the Residential, Mixed Use, Industrial and Office, Open Space and Parks, and Community Purpose Facility Districts, located in the Otay Ranch Village Three North and a Portion of Four SPA Land Use Plan; and 2014-12-16 Agenda Packet Page 57 SECOND READING AND ADOPTION WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project could result in a significant impact to the environment, and therefore, the University Villages Project Environmental Impact Report (EIR-13-01) has been prepared and addresses the Village Three North and a Portion of Four Sectional Planning Area Plan and Tentative Map; and WHEREAS, the Planning Commission set the time and place for a hearings on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailings to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS; the hearing was held at the time and place as advertised, namely 6:00 p.m. November 19, 2014 in the City Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS; a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and WHEREAS, the proceedings and any documents submitted to the City Council as the decision makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 19, 2014 and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings for any CEQA claims. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and certified EIR-13- 01 and adopted the Findings of Fact; Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Village Three North and a Portion of Four SPA Planned Community District Regulations, 2014-12-16 Agenda Packet Page 58 SECOND READING AND ADOPTION finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans; as set forth in Resolution PCM-12-06 adopting the Village Three North and a Portion of Four SPA Plan, and that the public necessity; convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-12-16 Agenda Packet Page 59 SECOND READING AND ADOPTION ORDINANCE No. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE EIGHT EAST WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "1" attached hereto and incorporated herein by this reference and commonly known as Otay Ranch Village Eight East, which consists of approximately 575.3 acres located primarily south of Main Street and west of SR-125 (the "Property"); and WHEREAS, an application (PCM-12-04) to consider a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations for Village Eight East (the "Project") was filed with the City of Chula Vista Development Services Department on March 8, 2012, by SSBT LCRE V, LLC (the "Applicant" and "Owner"); and WHEREAS, the Project is intended to ensure that the Otay Ranch Village Eight East SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable Otay Ranch Village Eight East to exist in harmony within the community; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA-10-02, and Otay Ranch General Development Plan Amendment GDPA 09-28, approved by the City Council on December 2, 2014, by Resolution No. 2014- ; and WHEREAS, the development of the Property relied on the Otay Ranch University Villages Project Environmental Impact Report No. 13-01 , SCH # 2014071077 (EIR-13- 01); and the Findings of Fact and Mitigation Monitoring and Reporting Program, Certified by the City Council on December 2, 2014; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community (PC) Zone, which is applicable to the Otay Ranch Village Eight East SPA Land Use Plan; and WHEREAS, the Project establishes a Planned Community District Regulation Code applicable to the Residential, Mixed Use, Open Space and Parks, and Community Purpose Facility Districts, located in the Otay Ranch Village Eight East SPA Land Use Plan; and 2014-12-16 Agenda Packet Page 60 SECOND READING AND ADOPTION WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project could result in a significant impact to the environment, and therefore, the University Villages Project Environmental Impact Report (EIR 13-01) has been prepared and addresses the Village Eight East Sectional Planning Area Plan and Tentative Map; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailings to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS; the hearing was held at the time and place as advertised, namely 6:00 p.m. November 19, 2014 in the City Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS; a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and WHEREAS, the proceedings and any documents submitted to the City Council as the decision makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 19, 2014 and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings for any CEQA claims. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and certified EIR- 13- 01 and adopted the Findings of Fact; Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Village Eight East SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General 2014-12-16 Agenda Packet Page 61 SECOND READING AND ADOPTION Development Plan and all other applicable Plans; as set forth in Resolution adopting the Village Eight East SPA Plan, and that the public necessity; convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-12-16 Agenda Packet Page 62 SECOND READING AND ADOPTION ORDINANCE No. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGE TEN WHEREAS, the property which is the subject matter of this Ordinance is identified as Exhibit "1" attached hereto and incorporated herein by this reference and commonly known as Otay Ranch Village Ten, which consists of approximately 363.4 acres located south of Hunte Parkway and the future university site (the "Property"); and WHEREAS, an application (PCM-12-01) to consider a new Sectional Planning Area (SPA) Plan, including Planned Community District Regulations for Village Ten (the "Project") was filed with the City of Chula Vista Development Services Department on January 3, 2012, by SSBT LCRE V, LLC (the "Applicant" and "Owner"); and WHEREAS, the Project is intended to ensure that the Otay Ranch Village Ten SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable Otay Ranch Village Ten to exist in harmony within the community; and WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment GPA-10-02, and Otay Ranch General Development Plan Amendment GDPA 09-28, approved by the City Council on December 2, 2014, by Resolution No. 2014- ; and WHEREAS, the development of the Property relied on the Otay Ranch University Villages Project Environmental Impact Report No. 13-01 , SCH # 2014071077 (EIR-13- 01); and the Findings of Fact and Mitigation Monitoring and Reporting Program, Certified by the City Council on December 2, 2014; and WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community (PC) Zone, which is applicable to the Otay Ranch Village Ten SPA Land Use Plan; and WHEREAS, the Project establishes a Planned Community District Regulation Code applicable to the Residential, Open Space and Parks, and Community Purpose Facility Districts, located in the Otay Ranch Village Ten SPA Land Use Plan; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project could result in a significant impact to the environment, and therefore, the 2014-12-16 Agenda Packet Page 63 SECOND READING AND ADOPTION University Villages Project Environmental Impact Report (EIR-13-01) has been prepared and addresses the Village Ten Sectional Planning Area Plan and Tentative Map; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailings to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS; the hearing was held at the time and place as advertised, namely 6:00 p.m. November 19, 2014 in the City Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS; a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to approve the Project; and WHEREAS, the proceedings and any documents submitted to the City Council as the decision makers shall comprise the entire record of the proceedings. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 19, 2014 and the Minutes and Resolutions resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings for any CEQA claims. II. COMPLIANCE WITH CEQA Immediately prior to this action, the City Council reviewed and certified EIR- 13- 01 and adopted the Findings of Fact; Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to Resolution III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Village Ten SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans; as set forth in Resolution adopting the Village Ten SPA Plan, and that the public necessity; convenience, general welfare and good planning and zoning practice support their approval and implementation. 2014-12-16 Agenda Packet Page 64 SECOND READING AND ADOPTION IV. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins. Development Services Director City Attorney 2014-12-16 Agenda Packet Page 65 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0702, Item#: 3. A. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER JEWELS OF CHARITY DEVELOPMENT AGREEMENT) (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinances. SUMMARY The applicant, SSBT LCRE V, LLC (SSBT), entered into a Land Offer Agreement (LOA) with the City of Chula Vista on July 8, 2014. One of the provisions of the LOA, as given in Exhibit K of the LOA (Attachment 1 of this report), was to amend the existing development agreements for the project. Action on this item completes the City's obligations under the LOA. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in Final Environmental Impacts Report (EIR-13-01). Thus, no further environmental review or documentation is required. BOARD/COMMISSION RECOMMENDATION Planning Commission recommended City Council adopt ordinance for first reading. DISCUSSION In 1997, the City of Chula Vista entered into two Amended and Restated Pre-Annexation Development Agreements (one with Jewels of Charity and one with SNMB, LTD.). Together, the two agreements encompass the properties for which entitlements are currently being sought. The agreements provided certain assurances to the City, while providing the owners with certainty in the planning process for the Otay Ranch (See Attachments 4 and 5). The original term of the agreements was 20 years. With the breakup in ownership of properties in the Otay Ranch beginning in the late 1990's, SSBT acquired title to several large parcels that were subject to the agreements. Since development agreements "run with the land", SSBT became a party to the agreements for their portions of property within the original agreements. City of Chula Vista Page 1 of 3 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 66 File#: 14-0702, Item#: 3. On May 20, 2008, the City of Chula Vista entered into a LOA with JJJ&K Investment Two, LLC et al. that would allow the City of Chula Vista to accept Irrevocable Offers of Dedication (IODs) for 160 acres of University/Regional Technology Park land if certain entitlements are approved within the agreed upon timeframes. On August 17, 2010, the City Council approved a resolution authorizing the Mayor to enter into an agreement that superseded the first LOA. The superseded LOA specifically excluded the Village 4 property from the provisions of the 2008 agreement because the owner no longer owned the Village 4 property. On July 8, 2014, the City Council approved a Restated and Amended LOA that further modified the 2010 LOA to reflect a modified land plan related to the geographic areas of Villages Three North and a Portion of Four, Eight East, and Ten. Entitlements, in the form of Sectional Planning Area (SPA) Plans and Tentative Maps (TMs) for SSBT Villages 3 North and a Portion of Four, Eight East, and Ten are the subject of tonight's meeting as well. Exhibit K of the LOA, stipulated certain amendments to the Development Agreement that needed to be approved in order to assume the benefits described above. These amendments are presented for action in this report and are summarized below. As directed by the approved LOA, the proposed amendments (See Attachments 2 and 3) to the previous Agreements are minor in nature and would make the following five required changes: • Increase the term of the Agreement for an additional 20 years; • Increase the period of time that TMs and Permits are valid for a period of time equal to the term of the Agreements; • Clarify the applicability of the City's Growth Management Ordinance on the project; • Stipulate that the parties agree to the modifications, as may be applicable, to the Existing Project Approvals that were approved by the City in the form of the Villages Three North and a Portion of Four, Eight East, and Ten SPA Plans and TMs; and • Clarify Section 7.5 as it relates to reimbursement for the oversizing of facilities; DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This project supports the Economic Vitality goal, particularly City Initiative 2.1 .3 (Promote and support development of quality master-planned communities) as it relates to development within portions of the Otay Ranch. These amendments will also allow the City the opportunity to accept lands for the University Park and Innovation District, as agreed to in the LOA between the City and SSBT, which will provide access to higher education for the citizens of Chula Vista and south bay. CURRENT YEAR FISCAL IMPACT City of Chula Vista Page 2 of 3 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 67 File#: 14-0702, Item#: 3. The current fiscal year is anticipated to be -$33,500 based on the fiscal impact analysis. This analysis assumed that 200 homes would be built in the first year. The proposed $120 per unit "fiscal fee" paid by the developer would bring this deficit down to $24,000. ONGOING FISCAL IMPACT The project has negative fiscal impacts for 9 of the first 10 years which are offset by the $120 per unit "fiscal fee." Ongoing fiscal impacts after year 10 are positive. ATTACHMENTS 1 . Exhibit K from the July 8, 2014 Land Offer Agreement between the City of Chula Vista and SSBT. 2. Proposed Amendment to Amended and Restated Pre-Annexation Development Agreement (Jewels of Charity) 3. Proposed Amendment to Amended and Restated Pre-Annexation Development Agreement (SNMB, LTD) 4. Restated and Amended Pre-Annexation Development Agreement with Jewels of Charity dated May 12, 1997. 5. Restated and Amended Pre-Annexation Development Agreement with SNMB, LTD dated May 12, 1997. Staff Contact: Joe Gamble, Project Manager City of Chula Vista Page 3 of 3 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 68 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER SNMB DEVELOPMENT AGREEMENT) WHEREAS, on or about March 18, 1997, City and SNMB, LTD entered into that certain Amended and Restated Pre-Annexation Development Agreement (Development Agreement) as approved by the City of Chula Vista by Ordinance No. 2700; and WHEREAS, on July 8, 2014 the City Council approved a Land Offer Agreement (LOA) between SSBT LCRE V, LLC and the City of Chula Vista that contemplated certain amendments to the Development Agreement, with said LOA being recorded in the San Diego County Recorder's Office on July 29, 2014, as Document No. 2014-0319703; and WHEREAS, the property which is the subject matter of this Ordinance is identified in that certain First Amendment to Restated and Amended Pre-Annexation Development Agreement(First Amendment) and commonly known as a portion of Planning Area 20 and Otay Ranch Villages 3, 8 East and 10 (the"Property"); and WHEREAS, that certain amendment to the Development Agreement was a component of the Entitlements described in the LOA, attached hereto as Exhibit K; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the project was adequately covered in Final Environmental Impact Report (EIR-13-01). Thus, no further environmental review or documentation is required; and WHEREAS, the Planning Commission set the time and place for a hearing on said First Amendment and notice of said hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. November 19, 2014, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted thereon; and WHEREAS, on December 2, 2014, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the First Amendment between the City of Chula Vista and SSBT LCRE V, LLC; and WHEREAS, City staff has reviewed the First Amendment and determined it to be consistent with the Otay Ranch General Development Plan and the City's General Plan. 2014-12-16 Agenda Packet Page 69 Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 19, 2014, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any CEQA claims. IL COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the Ordinance approving the First Amendment would have no new effects that were not examined in said Final EIR. III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed First Amendment is consistent with the City's General Plan and Otay Ranch General Development Plan (GDP). The First Amendment implements the General Plan and GDP by providing for facilities and development that are consistent with the General Plan and GDP. IV. ACTION The City Council hereby adopts an Ordinance approving the First Amendment between SSBT LCRE V, LLC and the City of Chula Vista in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, finding said First Amendment between SSBT LCRE V, LLC and the City of Chula Vista consistent with the California Government Code, adopted City policies, the General Plan, and the GDP, which shall include amendment to the following provisions thereto: 1. Term. The following language shall be added after the phrase "twenty (20) years" and before the phrase "(the term)" in the fourth sentence of Section 3 of the Development Agreement: "from , 2014, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between the City and SSBT LCRE V, LLC, a Delaware limited liability company, approved by the City Council on or about July 8, 2014." 2. Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration." Pursuant to California Government Code section 66452.6, any tentative subdivision map, parcel map or other map authorized 2014-12-16 Agenda Packet Page 70 Ordinance No. Page 3 by the State Subdivision Map Act that is approved for the Project shall remain valid for a period of time equal to a term of this Agreement. In addition, notwithstanding any condition or provision to the contrary, every permit and approval for the Project other than ministerial approvals shall remain valid for a period of time equal to "the term of this Agreement." 3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the existing Development Agreement, entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary, the City's Growth Management program, as set forth in the Growth Management Element of the City General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof" 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on , 2014." 5. Reimbursement. At the end of the first sentence of Section 7.5 of the existing Development Agreement, entitled "Facilities Which are the Obligations of Another Party, or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." 6. Owner. Owner is the successor to the rights and obligations of Jewels of Charity and SNMB under the respective Development Agreements. The addresses for notices to Owner in Section 16.3 of the Development Agreement are changed to: SSBT LCRE V. LLC c/o State Street Bank and Trust One Lincoln Street(SFC9) Boston, MA 02111-2900 Attention: Q. Sophie Yang and Paul J. Selian Facsimile No: (617) 664-3555 with a copy to: SSBT LCRE V. LLC c/o State Street Bank and Trust One Lincoln Street(SFC9) Boston,MA 02111-2900 2014-12-16 Agenda Packet Page 71 Ordinance No. Page 4 Attention: Al Uluatam, Senior Counsel Facsimile: (617) 664 4747 And a copy to; Bingham McCutchen Three Embarcadero Center San Francisco, CA 94111-4067 Attention: Edward S. Merrill Facsimile: (415) 262-9228 7. No Further Modification. Except as set forth in this First Amendment to Restated and Amended Pre-Annexation Development Agreements, all of the terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. V. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. VI. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: 2014-12-16 Agenda Packet Page 72 Ordinance No. Page 5 Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-12-16 Agenda Packet Page 73 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN SSBT LCRE V, LLC AND THE CITY OF CHULA VISTA (FORMER JEWELS OF CHARITY DEVELOPMENT AGREEMENT) WHEREAS, on or about March 18, 1997, City and Jewels of Charity entered into that certain Amended and Restated Pre-Annexation Development Agreement (Development Agreement) as approved by the City of Chula Vista by Ordinance No. 2701; and WHEREAS, on July 8, 2014 the City Council approved a Land Offer Agreement (LOA) between SSBT LCRE V, LLC and the City of Chula Vista that contemplated certain amendments to the Development Agreement, with said LOA being recorded in the San Diego County Recorder's Office on July 29, 2014, as Document No. 2014-0319703; and WHEREAS, the property which is the subject matter of this Ordinance is identified in that certain First Amendment to Restated and Amended Pre-Annexation Development Agreement(First Amendment) and commonly known as a portion of Planning Area 20 and Otay Ranch Villages 3, 8 East and 10 (the"Property"); and WHEREAS, that certain amendment to the Development Agreement was a component of the Entitlements described in the LOA, attached hereto as Exhibit K; and WHEREAS, the City's Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the project was adequately covered in Final Environmental Impact Report (EIR-13-01). Thus, no further environmental review or documentation is required; and WHEREAS, the Planning Commission set the time and place for a hearing on said First Amendment and notice of said hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. November 19, 2014, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted thereon; and WHEREAS, on December 2, 2014, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the Ordinance to approve the First Amendment between the City of Chula Vista and SSBT LCRE V, LLC; and WHEREAS, City staff has reviewed the First Amendment and determined it to be consistent with the Otay Ranch General Development Plan and the City's General Plan. 2014-12-16 Agenda Packet Page 74 Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 19, 2014, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any CEQA claims. IL COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the Ordinance approving the First Amendment would have no new effects that were not examined in said Final EIR. III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed First Amendment is consistent with the City's General Plan and Otay Ranch General Development Plan (GDP). The First Amendment implements the General Plan and GDP by providing for facilities and development that are consistent with the General Plan and GDP. IV. ACTION The City Council hereby adopts an Ordinance approving the First Amendment between SSBT LCRE V, LLC and the City of Chula Vista in the form presented, with such modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, finding said First Amendment between SSBT LCRE V, LLC and the City of Chula Vista consistent with the California Government Code, adopted City policies, the General Plan, and the GDP, which shall include amendment to the following provisions thereto: 1. Term. The following language shall be added after the phrase "twenty (20) years" and before the phrase "(the term)" in the fourth sentence of Section 3 of the Development Agreement: "from , 2014, the date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between the City and SSBT LCRE V, LLC, a Delaware limited liability company, approved by the City Council on or about July 8, 2014." 2. Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration." Pursuant to California Government Code section 66452.6, any tentative subdivision map, parcel map or other map authorized 2014-12-16 Agenda Packet Page 75 Ordinance No. Page 3 by the State Subdivision Map Act that is approved for the Project shall remain valid for a period of time equal to a term of this Agreement. In addition, notwithstanding any condition or provision to the contrary, every permit and approval for the Project other than ministerial approvals shall remain valid for a period of time equal to "the term of this Agreement." 3. Growth Management. The second full paragraph of Section 5.2 appearing at page 8 of the existing Development Agreement, entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary, the City's Growth Management program, as set forth in the Growth Management Element of the City General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof" 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on , 2014." 5. Reimbursement. At the end of the first sentence of Section 7.5 of the existing Development Agreement, entitled "Facilities Which are the Obligations of Another Party, or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." 6. Owner. Owner is the successor to the rights and obligations of Jewels of Charity and SNMB under the respective Development Agreements. The addresses for notices to Owner in Section 16.3 of the Development Agreement are changed to: SSBT LCRE V. LLC c/o State Street Bank and Trust One Lincoln Street(SFC9) Boston, MA 02111-2900 Attention: Q. Sophie Yang and Paul J. Selian Facsimile No: (617) 664-3555 with a copy to: SSBT LCRE V. LLC c/o State Street Bank and Trust One Lincoln Street(SFC9) Boston,MA 02111-2900 2014-12-16 Agenda Packet Page 76 Ordinance No. Page 4 Attention: Al Uluatam, Senior Counsel Facsimile: (617) 664 4747 And a copy to; Bingham McCutchen Three Embarcadero Center San Francisco, CA 94111-4067 Attention: Edward S. Merrill Facsimile: (415) 262-9228 7. No Further Modification. Except as set forth in this First Amendment to Restated and Amended Pre-Annexation Development Agreements, all of the terms and provisions of the Development Agreement shall remain unmodified and in full force and effect. V. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. VI. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by: Approved as to form by: 2014-12-16 Agenda Packet Page 77 Ordinance No. Page 5 Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney 2014-12-16 Agenda Packet Page 78 Attachment 1 EXHIBIT K DEVELOPMENT AGREEMENT PROVISIONS 1. Term. The following language shall be added after the phrase"twenty 20.years" and before the phrase"(the term)" in the fourth sentence of Section 3 of the existing Development Agreement: "from 20 date upon which the City may accept the Offers of Dedication in Sections 3.3 of that certain "Land Offer Agreement" by and between the City and OV Three Two, LLC; 333 & K Investments Two, LLC; and RR Quarry, LLC, approved by the City Council on 2008." 2. Tentative Map Permit Duration. Section .6.2 of the existing Development Agreement, entitled "Length of Validity of Tentative Subdivision Maps," is hereby deleted in its entirety and replaced with the following: "6.2 Tentative Map/Permit Duration. Pursuant to California Government Code section 66452.6, any tentative subdivision map, parcel map or other map authorized' by the State Subdivision Map Act that is approved for the Project shall remain valid- for a period of time equal to a term of this Agreement. In addition, notwithstanding any condition or provision to the contrary,every permit and approval for the Project other than ministerial approvals shall remain valid for a period of rime equal to the term of this Agreement." 3. Growth. The second. full paragraph of Section. 5.2 appearing at page 8 of the existing development Agreement entitled "Development of Property," which begins "Notwithstanding the foregoing," shall be deleted in its entirety and replaced with the following: "Notwithstanding any provision of this Agreement to the contrary, the City's Growth Management program, as set forth in the Growth Management Element.of the City's General Plan, applicable to the Project shall be those in effect on the date the City approves the Land Offer Agreement referenced in Section 3 hereof." 4. Modifications to Existing Project Approvals. The following sentence shall be added to the end of Section 5.2.3 of the existing Development Agreement: "The parties agree that they accept the modifications to the Existing Project Approvals approved by the City Council on ,20 ." 5. Reimbursement. At the end of the first sentence of Section 7.5 of the existing Development Agreement, entitled "Facilities Which are the Obligations of Another Party,-or are of Excessive Size, Capacity, Length or Number," a new sentence shall be inserted as follows: "City shall not require such monies or improvements unless City provides reasonable assurance of funding or reimbursement in accordance with State law and/or the City's ordinances." 2014-12-16 Agenda Packet Page 79 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0667, Item#: 4. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARKLAND ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2014 RECOMMENDED ACTION Council receive the report. SUMMARY State Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIFs) and sewer capacity charges to make available specified financial data to the public each fiscal year. These reports satisfy that requirement and have been available in the City Clerk's Office for public review since December 1 , 2014. An equivalent report for the Parkland Acquisition and Development (PAD) fees is included in this report for ease of reference and convenience to the public. Local agencies are also required to make findings every five years for any DIF funds remaining unexpended. These findings must identify the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. In the 2012 report, the City identified unexpended funds that were on deposit for five or more years and elected to make the required findings. No findings are required this year. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, filing of an annual report regarding the Development Impact Fee, Parkland Acquisition and Development Fee, and Trunk Sewer Capital Reserve for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because acceptance of fiscal reports is a fiscal activity that does not involve a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista collects several types of Development Impact Fees (DIFs), Parkland Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed during the fiscal year ending June 30, 2014. The major categories of facilities financed via DIFs include transportation, traffic signals, pedestrian bridges, drainage, sewer and public facilities. Development impact fees are updated in two manners, either via a comprehensive DIF program City of Chula Vista Page 1 of 7 Printed on 12/11/2014 powered by Le c 2014-12-16 Agenda Packet �Page 80 File#: 14-0667, Item#: 4. review or via Council-enacted automatic annual adjustment, based upon an appropriate index. On July 1 , 2013, the Western Transportation Development Impact Fee (WTDIF) increased from $3,476 to $3,546 per equivalent dwelling unit. In October of 2013, the following automatic index-based annual adjustments went into effect: • The Transportation Development Impact Fee (TDIF) increased from $12,480 to $12,494 per equivalent dwelling unit. • The Public Facilities Development Impact Fee (PFDIF) increased from $9,510 to $9,654 per single-family dwelling unit. • The Traffic Signal fee increased from $33.45 to $34.27 per average daily vehicle trip. • The Otay Ranch Village 11 Pedestrian Bridge DIF increased from $2,241 to $2,243 per single- family dwelling unit. • The Parkland Acquisition and Development fee increased from $9,978 to $10,100 per single- family dwelling unit for areas west of I-805 and from $17,660 to $17,782 for areas east of 1- 805. Other fees addressed in this report remain at the same rate as the previous fiscal year. DEVELOPMENT IMPACT FEES Transportation Development Impact Fee (TDIF) The TDIF fee was adopted on January 12, 1988 via Ordinance 2251 to finance and coordinate the construction of new transportation facilities so that new streets are built when needed to serve new development. This fee is applicable to all new development east of Interstate 805. Prior to the program, streets were built by developers in a fragmented fashion. In addition, there was a fairness issue, as some developers fronted on large streets and were required to improve those streets while other developers had only smaller local street frontage requirements. Now, all developers in the eastern portion of Chula Vista pay the same fee per equivalent dwelling unit, and either the City constructs the street or a developer does. If the developer constructs the street they receive a TDIF fee credit which can be used to pay fees at time of building permit issuance. The TDIF program was last comprehensively updated in 2005, increasing the fee per EDU to $10,050. This fee is subject to an annual index based adjustment; in October 2013 the fee increased from $12,480 to $12,494 per equivalent dwelling unit (EDU). The fees for all land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 1 , Schedule A. On November 18, 2014 the City Council approved a comprehensive update of the TDIF program increasing the fee from $12,494 to $13,035 per EDU. The November 2014 action will be reflected in next year's annual report. Western Transportation Development Impact Fee (WTDIF) The Western TDIF fee was adopted on March 18, 2008 via Ordinances 3106 to 3110 to finance and coordinate the construction of new transportation facilities in the western neighborhoods of the City, as well as to spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. This fee is applicable to all development west of Interstate 805. This fee is subject to an annual index-based adjustment on July 1 of each year; in July 2013 the fee increased from $3,476 to $3,546 per EDU. The fees for all land use types, as well City of Chula Vista Page 2 of 7 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 81 File#: 14-0667, Item#: 4. as detailed FY 2013-14 financial information are presented in Attachment 1 , Schedule B. On November 18, 2014, the City Council approved a comprehensive update of the WTDIF program increasing the fee from $3,546 to $3,907 per EDU and establishing a new Bayfront Development Impact Fee (BFDIF) with an initial rate of$9,442 per EDU. This action will be reflected in next year's annual report. Traffic Signal Fee The Traffic Signal fee was adopted to finance and facilitate construction of traffic signal improvements required to mitigate increases in traffic volume caused by new development. As funds are accumulated they are expended on traffic signal projects. This citywide fee is assessed per average daily trip generated. This fee is subject to an annual index based adjustment; in October 2013 the fee increased from $32.45 to $34.27 per trip. Detailed FY 2013-14 financial information is presented in Attachment 1 , Schedule C. Telegraph Canyon Drainage Development Impact Fee The Telegraph Canyon Drainage fee was adopted to finance and facilitate construction of drainage improvements serving the Telegraph Canyon Drainage Basin and has remained at $4,579 per acre since 1998. Detailed FY 2013-14 financial information is presented in Attachment 1 , Schedule D. Telegraph Canyon Gravity Sewer Development Impact Fee The Telegraph Canyon Gravity Sewer fee was adopted to finance and facilitate expansion of the trunk sewer serving Telegraph Canyon Sewer Basin tributary properties. The fee has remained unchanged at $216.50 per EDU since 1998. The fees for all land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 1 , Schedule E. Poggi Canyon Sewer Basin Development Impact Fee The Poggi Canyon Sewer Basin fee was adopted to finance and facilitate construction of the Poggi Canyon Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Poggi Canyon Basin. The fee was established at $400 per EDU in 1997. In June 2009, the Poggi Canyon Sewer DIF was updated and the fee was reduced to $265 per EDU. The fee remains unchanged since the 2009 action. The fees for all land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 1, Schedule E. Salt Creek Sewer Basin Development Impact Fee The Salt Creek Sewer Basin fee was adopted to finance and facilitate construction of the Salt Creek Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. In August 2004, the Salt Creek Sewer Basin DIF was updated, increasing from $284 to $1 ,330 per EDU, via Ordinance 2974-A. The fee remains unchanged since the 2004 action. The fees for all land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 1 , Schedule E. Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 1 , 2, 5, & 6 Pedestrian Bridge fee was adopted to finance and facilitate construction of pedestrian bridge facilities that will serve the subject villages. The fee program was City of Chula Vista Page 3 of 7 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 82 File#: 14-0667, Item#: 4. last modified in February 2007, when it was amended to include Otay Ranch Village 2. This action amended both the program's area of benefit and facility list. Construction costs were revised and a new fee of$1,114 per EDU was established and remains unchanged. Detailed FY 2013-14 financial information is presented in Attachment 1, Schedule F. Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 11 Pedestrian Bridge fee was adopted to finance and facilitate construction of four pedestrian bridges in Otay Ranch Village 11. This fee is subject to an annual index based adjustment; in October 2013 the fee increased from $2,241 to $2,243 per single-family dwelling unit. The fees for all land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 1, Schedule F. Public Facilities Development Impact Fee (PFDIF) The Public Facilities DIF was adopted to finance and facilitate construction of public facilities necessary to serve new development. The fee includes six components. All components are subject to an annual index based-adjustment; in October 2013 the combined fee increased from $9,510 to $9,654 per single family dwelling unit. Detailed FY 2013-14 financial information is presented in Attachment 1, Schedule G. The components of the PFDIF, including current fees are as follows: Administration ($601) - Administration of the PFDIF program, oversight of expenditures and revenues, preparation of updates, calculation of costs, etc. Civic Center Expansion ($2,756) - Expansion of the Civic Center per the 1989 Civic Center Master Plan to provide sufficient building space and parking needed to serve new development. The Civic Center Master Plan was updated in July 2001 to include impacts of Otay Ranch development. Project phases included the remodel and expansion of City Hall, remodel of the Public Services Building and remodel of the former Police Facility, Community Development and Legislative Buildings. Includes associated capital expenses. Police Facility ($1,671) - Improvements per the Civic Center Master Plan to provide sufficient building space and associated facilities needed to serve new development. Improvements include construction of a new policy facility, upgrading the communications center and installation of new communication consoles. Also includes the purchase and installation of a computer-aided dispatch system (CAD), Police Records Management System, Mobile Data Terminals, and police vehicles. Corporation Yard Relocation ($450) - Relocation of the City's Public Works Center from the Bayfront area to the more centrally located site on Maxwell Road. Also includes the purchase of new vehicles directly attributable to new development and the need to maintain an expanding infrastructure network. Libraries ($1,582) - Improvements include construction of the South Chula Vista Library and future planned libraries and installation of an automated library system. This component is based on the facility needs identified in the Library Master Plan. This fee is applicable to new residential development only. Fire Suppression System ($1,393) - Projects include the relocation of Fire Stations 3 and 4, City of Chula Vista Page 4 of 7 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 83 File#: 14-0667, Item#: 4. construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in developing areas of the City. This fee currently reflects the nine- station network called for in the 1999 Fire Station Master Plan. Also includes the purchase of fire apparatus for new stations, as required to serve new development. Major Recreation Facilities ($1,201) - Component added in November 2002 to build major recreation facilities required to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. This component is based on the facility needs identified in the Park & Recreation Master Plan. This fee is applicable to new residential development only. Although the majority of the public facility project costs are borne by new development, it is important to note that some public facility projects contain both a City and new development cost share. The City share often reflects 'joint impetus" projects, which are necessitated by growth and non-growth factors and/or the City's obligation to correct pre-existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost share for each component. Parkland Acquisition and Development (PAD) Fees The Parkland Acquisition and Development in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks and recreational facilities. The acquisition component of the fee is set at $12,676 for areas east of I-805 and $4,994 for areas west of I-805, per single family dwelling unit. The development component of the fee is applicable citywide and is subject to an annual index based-adjustment; in October 2013 the development component increased from $4,984 to $5,106 per single family dwelling unit. This action increased the combined fee from $17,660 to $17,782 and from $9,978 to $10,100; for areas east and west of I-805, respectively. This fee is applicable to new residential development only. The fees for all residential land use types, as well as detailed FY 2013-14 financial information are presented in Attachment 2. On January 28, 2014 the City Council adopted Ordinance 2014-3303 eliminating the PAD fee obligation for hotel and motel development. The ordinance went into effect on March 13, 2014. Trunk Sewer Capital Reserve Fees The Trunk Sewer Capital Reserve fee was established in 1985 via Ordinance 2107 to finance all or a portion of the cost to enlarge sewer facilities to enhance efficiency of utilization and/or adequacy of sewer capacity. The fee program was last updated in 2005, increasing the fee per EDU to $3,478. The fee remains unchanged since the 2009 action. Detailed FY 2013-14 financial information is presented in Attachment 3. On July 8, 2014, the City Council approved an action decreasing the Trunk Sewer Capacity fee from $3,478 to $3,450. This action will be reflected in next year's annual report. FY 2013-14 Financial Information Attachment 1, Schedules A through F, reports the required financial information for all DIFs except the Public Facilities DIF. Attachment 1 , Schedule G reports the required financial information for the Public Facilities DIF and its components. Attachment 2 reports the required financial information for the Parkland Acquisition and Development fees. Attachment 3 reports the required information for City of Chula Vista Page 5 of 7 Printed on 12/11/2014 powered by Leg 2014-12-16 Agenda Packet Page 84 File#: 14-0667, Item#: 4. the Trunk Sewer Capital Reserve fees. The schedules contain the following items: • Beginning balance as of July 1, 2013. • Fees received during the fiscal year ended June 30, 2014. • Other miscellaneous revenues received during the fiscal year ended June 30, 2014. • Interest earned from investing the cash balances available in each fund during the fiscal year ended June 30, 2014. • Expenditures from each of the funds during the fiscal year ended June 30, 2014. • A description of each capital project with expenditures funded entirely or in part by DIF/PAD/Trunk Sewer funds in FY 2013-14 and the percentage of the project funded by this fee through FY 2013-14. More detailed information on all projects is available in the annual Capital Improvement Program (CIP) Budget. • Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during FY 2013- 14. • Ending balances as of June 30, 2014 for each fund. • The amount, description, and purpose of each fee. • Identification of an approximate date by which the construction of public improvements will commence. The ending balances as of June 30, 2014 are in the process of being audited as part of the audit of citywide financial statements, and are therefore subject to adjustment. Findings Required for Funds in Possession Over 5 Years Government code Section 66001(d) requires the local agency to make findings with respect to any portion of development impact fees remaining unexpended for the fifth year following the first deposit into the account or fund, and every five years thereafter. The City reviewed all funds and made the required findings as appropriate in 2012. The DIF funds will next be reviewed, and additional findings made if appropriate, in 2017. Copies of this report were sent to the Building Industry Association of San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch Company, the Otay Land Company, Trimark Pacific Homes and Brookfield Homes. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code 87100, et seq.). Staff is not independently aware, and has not been informed by any 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. Accepting the report supports the Operational Excellence goal by ensuring the City's development impact fee programs continue to comply with relevant California Government Code reporting requirements. City of Chula Vista Page 6 of 7 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 85 File#: 14-0667, Item#: 4. CURRENT YEAR FISCAL IMPACT This is an informational report and there is no fiscal impact associated with accepting or rejecting the report. ONGOING FISCAL IMPACT This is an informational report and there is no fiscal impact associated with accepting or rejecting the report. ATTACHMENTS 1. Schedules A through G: FY2013-14 Financial Information for all DIFs, including the Public Facilities DIF 2. FY2013-14 Financial Information for PAD Fees 3. 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Cl) Cu (6 T U U a) a) C O Q U O U U LL .� 0) w E 0- C > a) C C co a) a) O U) N E Q C U a) E C U 0 > D O H a) 2014-12-16 Agenda Packet Page 97 ATTACHMENT 1 N rn rn N O J ' LO N ' ' ' LO Q N O O O N N O (A N N U N CND L) LO LL M (A 00 00 i i i i i i N (D Q O O 3 a) LO O Co N M L Co 11 CD (A r O (O N LO N i i i i i i i 00 -a `m r O LL LO N cl C CL (A � Co N O L 0 1 1 1 1 1 1 N O Q O L6 C6 Q °o LO 00 N E U N co EA Q 0) 00 � +� O Cl) N r- p d LL N N (A � .. co L N N N N N N I� r U L r r— 0) U Ln M (O a U co .� N LO O 0) N O N E ' LO N r` 00 Q r -00 r- O LO CN.i LO E co L r fn O N Co O U O C 0) O rn U C N C O � CO H Cn aL— co N v U U 3 x 06 � 4-- 3 W .� c w o Oo a U) 0 H � � cn0005 c O W D Z 2014-12-16 Agenda Packet Page 98 ATTACHMENT 2 0 (D z r- N N LL N I,- LO LO z Q M LO co N Co .-. I-- c0 N N LO (n co m LO N W G M Lr O 0 W z r- N O N M LL I- ::) M M M 0 0 LL Lf N M M M aw LL 0- z � Lu � o az 0 L 42 w X` � > w ° 0 0 co Z v D Q � Z cn Q W Co Z :D Y 0 LU Cu > W c E c *= �= c *= �= � c E E O 0) 0) — o —. a). � . a) .� 0 Co Z LL p �, O O �, O O M O J L E O a) E E O .OJ � N a N a) Y 0) CO E L O E L O z a) d U 42 CD 5 N a) � N a) � 0 y E Cu Q 0):- .O t�:- .O CD O a) U a) O Co W E E E v, E E E U '�� Q 0) O V, N X CO .- a) N -� y--i LL1 -� L N (O N I-- O LO I- O -a W C L a) L O "O M ( M z a N a) N Co O O I- M M r- Or- w C a) a) L N a LO L m a; 00 CD a)o LL 0O LL ' W z Q) -- a) D O O LL o CU o aa)i o w Co N Cu o Cu o E E D as as LL 2014-12-16 Agenda Packet Page 99 ATTACHMENT _ o co $ Co k \ \ \ $ \ 7 g A A A \ U) \ co 2 E \ o O % � \ \ 5 0 2 ® LL & ° ° < 0 2 + + + § \ 000 � 7 m g o o co co W ƒ $ E k k Z / L t E — — — $ § (L LU u I E � + / o (L z \ \ \ 7 j 0 � \ � r- CN CN W ƒ\ 222 \ 0 W kd % \ I co D Z \ � \ � f D 0 q % ± ZW � b� o o A / c � 2 ¥ ± 02N E 2 \ 2 2 � > / � 0 k � m W iI >� % m m f @e E D ( $ \ Z LL m o O \ 0 ) 2 \ % \ \ % t >> Q% 0 f 10 0 g § CU &i p X332 �T ± Cu o w � � � � � � § a9 D h Ej > Cu § 2 2 0 0 / £ £ I / 2 § z = 2 2 O \ E _ = w CU .0) £ ° \ \ w �22 < % Cu a = n A \ 0 2 § Q 3 J J R \ E& w Cl) (0 E E CL° ° = A o LL 0- 0- 0- 0- 0 / � 0- zG4>«Agenda Packet Page 100 ATTACHMENT \ c k CL � / 02 \ E = R / n r A o o \ o ± o o n ¥ o o ¥ _ ± L r r- n o o , � o LL Co / \ / % Q $ $ q Q % / / @ 0 2 g / o n n o \a co 7 f / � 1-: ~ q o Co \ \ i W 7 m \ o $ ® m m CO \ > Lu co \\ 0 � \ LU k \ / Z) :3 W � / $ 2 \ % o $ e LU _ 77 / ± D % CU ® \ \ \ % 6 \ o < < \ " p U) W \ f 0 \ f = g LU 2 3 2 \ t E \ 7 B m > O & \ ƒ 2 % / \ 7 \ $ \_ \ < \ / 3Cu C.) c o o o R > � LL = 9 3 = n _ � G / 8 E E /_ ƒ / $ k 9 Cu E a $ mo 3 m2 \ � E k \ \ 2 Cu \ a \ * \ m Cu k $ % \ \ \ : 2 ° \ = o ( E\ \ 2 \ % 2 u / - \ @e2 � C ± CELL >, 42 = E § E \ f E /\ ƒ \ \ \ m Z . m � _ = E % \ \ / ' \ \ Cu / \ /: E CL LL % t m Z I e g R 2 / / \ § < 0E � � > f2 I t LL L I \ \ E % / ® £ % e < 2 % E / ƒ a Cu 0 0\ LL o / LL LL 2014-12-16 Agenda Pa G# Page 101 ATTACHMENT 3 a) >' LO M O — — — N CO (o -a O M 0 0 ;- O O m 0 0 0 0 0 0 0 0 'E U N N N N N N N N N U) N C O co � L Q Q LL L Q Q Q a) O O O O O O O O O O W 0 0 0 0 0 0 0 0 0 0 00000000000 LL w O Co O O O O O O O O y-- U) 0 r— 0 0 0 0 0 0 0 0 a) p Z O w o w M > = O m O M O O O O O O M F- Q O r— qqt a0 0 0 0 0 0 0 w p O O (O 0) 00 0 0 0 0 0 0 (n W Q D (O LO LO 0 0 0 0 0 0 w O (O (O (O O I-- O O I-- LO 0') r r (O (O LO (L r r J X - " Qw C) `U H 0 az V (n W N � 00 � (O N (O I— a/ W CO LO CF) I-- CO I-- N LO M — � N I-- CO — CF) qqt N I-- w U O 1- M G 1- M 1- Z — CF) — — LO w w -3 0 N Co (O w Z Y � � X w t j o vNi r Y a) o } = = U L C C "_ ojf CO "' a) -a N LL = E `cB N O C O j a)C w >Z Cu .CU U) L 06 Qll� .S cn c � UU E (n E ca w U) LL L >; L L .� O U) A w cu j N E N N D o w � > � U) E (n -a L o > > a) L a) d = Qm a) m X Cu 66 a) Cu a) �,U (0 CO (n . w w (n [n = J � —� , a) c0 M can � cn � Q Q(n N 3: 7 — 7 0 N y F- wrn � (n � Q � O2w � 0 z w a x w r U M m M ---t co Lo 0 N ---t M w CD N M (O (O (O (O r— r- � —3 N N N N N N N N N N � � O cn cn cn cn cn cn cn cn cn LL w 2014-12-16 Agenda Packet Page 102 ATTACHMENT 3 a) co co 0 0 0 0 0 0 0 0 N O O 00 00 00 M O CD CD LO N L (fl lf) lf) lf) lf) lf) r r N C W W M > _ M Co LO O LO w � C)C r— O LO N LO r— LO r 0 O O 00 O O 00 Co O W c 7 (n Z O Co I� 1- M L N M Ni 1- W W a E r- O O O O I- LO O N O a a N M 00 Q W O o r Q (A (A az U a w W W :D ?: z W W W Y z _ N O N O Co C a/ O O O N CD ra) N N M N 0) O 00 O N r- 00 CF) O a O O N O O O 0)a a O O O O O L co 'a "O co "O N 'a Q Q Q Q a J N >+ N >, 0) N > " N co 0 co 0 co 0 co 0 O O O O Q O Co LL M N r 00 O Q� Q� QZ E p 0 Q p L 0.) p L I— O N N N N co O co O co 0 0 co O N N N N N O Co .d (D � r-00 � o � a 'oo cq a) o a) o a) o a) o co v am 00 aO E a (D a (D U) C`4 U) C`4 U) C`4 U0 o H LL LL O LL LL Y Y Y Y Q c c (n c U c N O 0) O 0) .0 N .0 o co o n o � o U U U U 0 0 0 0 E O E o E O E O L N L N Q L N Q L N O O O O O O O O O O O O (n a� (n a U (n a U (n a� N 0) C C C C O •V O •V •0 O• _V •0 O •V a x 0 0 0 O O O a a L O Cu Co :3 Cu :3 Cu :3 CU 7 > U > U > U > U J U U � U � U Q Q Q Q z Q O J 2014-12-16 Agenda Packet Page 103 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0682, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $179,239 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego County Office of Emergency Services, who administers the State Homeland Security Program (SHSP), has notified the City of the fiscal year 2014 SHSP award in the amount of $179,239. The State Homeland Security Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises and planning needs. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The fiscal year 2014 State Homeland Security Program (SHSP) provides funding for the continued development of readiness and operational response capacity of emergency first responder personnel. Funds allocated by the fiscal year 2014 SHSP will allow the Police and Fire Departments to purchase equipment that will complement existing equipment configurations that were purchased with previous Homeland Security funds, as well as enhance the City's Emergency Operations Center (EOC). SHSP grant administrators from the California Governor's Office of Emergency Services (Cal OES) have approved the expenditure plan of equipment, planning and training needs of the City. The spending plan was submitted in advance of funding approval in accordance with grant requirements. Grant funds are restricted in how they can be spent and cannot supplant normal budgetary items for the City. The specific spending plan is as follows: Equipment The fiscal year 2014 SHSP funds will purchase equipment in the amount of $153,239 that will be used by the City's first responders and EOC personnel. Equipment funds have been allocated to City of Chula Vista Page 1 of 2 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 104 File#: 14-0682, Item#: 5. purchase portable radios for the Police Department that complement an existing configuration of radio equipment and maintain regional communications interoperability. The Fire Department will purchase structural fire-fighting protective garments used by emergency first responders. Additionally, computers and printers will be purchased for the City's Emergency Operations Center and upgrades will be made to the EOC interactive digital display board. Emergency Services Coordinator SHSP funds in the amount of $26,000 will also be used for a portion of the personnel costs of the Emergency Services Coordinator. Emergency Management Performance Grant (EMPG) funds have already been identified for the remaining costs of the Emergency Services Coordinator. This position will work on improvements and updates to local emergency plans to coincide with the County's plans, as well as ensure that EOC personnel are ready and prepared when a disaster strikes. The Emergency Services Coordinator will also organize and coordinate the Community Emergency Response Team (CERT) during emergency situations. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by enhancing the readiness and operational response capacity of emergency first responder personnel. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of$153,239 to supplies and services and $26,000 to the personnel category of the Federal Grants Fund. The funding from the U.S Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal impact to the City. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula Vista Page 2 of 2 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 105 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $179,239 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE STATE HOMELAND SECURITY PROGRAM WHEREAS, the San Diego County Office of Emergency Services, who administers the State Homeland Security Program (SHSP), has notified the City of the fiscal year 2014 SHSP award in the amount of$179,239; and WHEREAS, the State Homeland Security Program is designed to improve domestic terrorism preparedness of state and local governments by addressing equipment, training, exercises and planning needs; and WHEREAS, grant funds from the State Homeland Security Program are restricted in how they can be spent and cannot supplant normal budgetary items for the City; and WHEREAS, the fiscal year 2014 SHSP funds will purchase equipment that will be used by the City's first responders and Emergency Operations Center personnel. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby accept $179,239 from the U.S. Department of Homeland Security and appropriate $153,239 to supplies and services and $26,000 to the personnel category of the Federal Grants Fund for the State Homeland Security Program. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-12-16 Agenda Packet Page 106 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0683, Item#: 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $500,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIO EQUIPMENT FROM AVIAT U.S., INC. VIA THE COUNTY OF SAN DIEGO'S CONTRACT NUMBER 547601 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI), has notified the City of fiscal year 2014 UASI funding. The Urban Area Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION One of the core missions of the U.S. Department of Homeland Security is to enhance the ability of state, territory, local, and tribal governments to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other disasters. As first responders to emergency incidents, the Police, Fire and Public Works Departments have benefited greatly from several federal homeland security grants. The fiscal year 2014 Urban Area Security Initiative (UASI) provides funding for the continued development of readiness and operational response capacity of Police and Fire first responder personnel. UASI grant administrators from the California Governor's Office of Emergency Services (Cal OES) have approved the expenditure plan of equipment, planning and training needs of the City. The spending plan was submitted in advance of funding approval in accordance with grant requirements. Grant funds are restricted in how they can be spent and cannot supplant normal budgetary items for the City. The specific spending plan is as follows: Regional Communications Systems upgrade City of Chula Vista Page 1 of 3 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 107 File#: 14-0683, Item#: 6. The San Diego County Sheriff's Department manages the San Diego County-Imperial County Regional Communications System (RCS) radio network that serves the majority of the public safety (law enforcement and fire) and public service (transportation, schools) users in the region. In coordination with radio users, RCS staff is in the planning stages to upgrade the regional public safety communications system. UASI funding in the amount of $340,000 has been identified to purchase Microwave Network radios and equipment for the city. RCS staff will manage the Microwave project and provide the necessary technical support and installation oversight. However, each agency is responsible for the procurement of the radios and equipment. The San Diego Sheriff's Department conducted a competitive procurement for the equipment and services to replace the Microwave Network and the Police Department is requesting to piggyback off the County's contract # 547601 with Aviat U.S., Inc. to procure the equipment. The collaboration with RCS staff and participating agencies has been instrumental in this major communications upgrade. Firearms Training Simulator UASI grant funds in the amount of $100,000 have been allocated for the Police Department to purchase a state-of-the-art firearms training simulator. In this 180-degree simulator system, police can train for the most difficult real-world situations, such as ambushes, active shooters, and maintaining situational awareness during extreme stress. Officer presence, verbal skills, less lethal force options, and deadly force are all available for simulation use. This equipment will be used as a regional asset for South Bay law enforcement agencies. Urban Search & Rescue Personal Protective Equipment The Urban Search & Rescue apparatus operated by the Fire Department is a specialized apparatus used for confined space and technical rescues and is deployed regionally when required. The personnel assigned to this apparatus are required to wear specialized personal protective equipment (PPE) which meets State & NFPA 1951 Rescue & Recovery requirements. The current PPE is nearing expiration and the City is required to replace it in order to keep personnel safe & meet state standards. $60,000 allocated under the 2014 UASI grant will help the City purchase 30 complete sets of PPE to replace and update aging PPE. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This resolution supports the goal of Strong and Secure Neighborhoods by enhancing the readiness and operational response capacity of emergency first responder personnel. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of$190,827 to supplies and services and $309,173 to the capital category of the Federal Grants Fund. The funding from the U.S Department of Homeland Security will completely offset these costs. Therefore, there is no net fiscal City of Chula Vista Page 2 of 3 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 108 File#: 14-0683, Item#: 6. impact to the City. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting these grant funds. ATTACHMENTS None. Staff Contact: Jonathan Alegre City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 109 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $500,000 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY, AUTHORIZING THE POLICE DEPARTMENT TO PURCHASE RADIO EQUIPMENT FROM AVIAT U.S., INC. VIA THE COUNTY OF SAN DIEGO'S CONTRACT NUMBER 547601 AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE WHEREAS, the San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI), has notified the City of fiscal year 2014 UASI funding; and WHEREAS, the Urban Area Security Initiative addresses the unique planning, organization, equipment, training, and exercise needs of high-threat, high-density urban areas; and WHEREAS, grant funds from the Urban Area Security Initiative are restricted in how they can be spent and cannot supplant normal budgetary items for the City; and WHEREAS, the fiscal year 2014 UASI funds will purchase equipment that will be used by the City's first responders and Emergency Operations Center personnel; and WHEREAS, the equipment funding includes radio equipment to upgrade the county's Regional Communication System; and WHEREAS, the San Diego Sheriffs Department conducted a competitive procurement for the radio equipment and established contract number 547601 with Aviat U.S. Inc. as a result of the competitive procurement. NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein, the City Council of the City of Chula Vista does hereby accept $500,000 from the U.S. Department of Homeland Security, authorize the Police Department to purchase radio equipment from Aviat U.S., Inc. via the County of San Diego's contract number 547601 and appropriate $190,827 to supplies and services and $309,173 to the capital category of the Federal Grants Fund for the Urban Area Security Initiative. Presented by: Approved as to form by: David Bejarano Glen R. Googins Police Chief City Attorney 2014-12-16 Agenda Packet Page 110 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0689, Item#: 7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY AT $184,610 EFFECTIVE DECEMBER 9, 2014 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE DIRECTOR OF HUMAN RESOURCES POSITION TITLE; CHANGE IN THE BARGAINING UNIT DESGINATION FOR THE SENIOR POLICE TECHNOLOGY SPECIALIST; AMENDING THE AUTHORIZED POSITION COUNT IN THE HUMAN RESOURCES DEPARTMENT WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 RECOMMENDED ACTION Council adopt the resolutions. SUMMARY Staff is requesting a correction to the effective date of the annual salary for the elected City Attorney, based on the start of the new term of the City Attorney; various amendments to the City's Compensation and Classification Plan; and amendment to the authorized position count in the Human Resources Department with no net change in authorized staffing. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because it is a personnel related action; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In June 2012, voters approved an amendment to the City Charter that set the annual salary of the elected City Attorney to be equivalent to the salary of a Judge of the Superior Court of the State of California, with the salary change effective upon the start of the new term of the City Attorney. City of Chula Vista Page 1 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 111 File#: 14-0689, Item#: 7. In accordance with the City Charter, the terms of elected officials start on the first Tuesday of December of the year of the election; however, if the official results for the election are not certified by this day, the term starts upon taking the oath of office, which is given at the first scheduled City Council meeting following certification of the election results. On August 12, 2014, staff brought forward a resolution setting the annual salary for the elected City Attorney at $184,610 effective December 2, 2014 (the first Tuesday of December following the election), which was subsequently approved by the City Council. However, staff has since learned that the new term for City Attorney will begin on December 9, 2014, the first scheduled City Council meeting following certification of the election results. Approval of Resolution A would set the annual salary of the elected City Attorney at $184,610, effective December 9, 2014, the start of the new term of the City Attorney. Currently, oversight of the daily operations of the Human Resources Department resides with the Assistant Director of Human Resources, while ultimate responsibility for the Department lies with one of two Deputy City Managers. Given the responsibilities of this Deputy City Manager and with the impending retirement of the Assistant Director of Human Resources effective April 3, 2015, the Human Resources Department will be re-organized to return full responsibility for the department to a Director of Human Resources. Additionally, a Senior Human Resources Analyst will be converted to Principal Human Resources Analyst to allow for oversight of the Employment Services (Human Resources Operations) Division. The employee group and E Step salary for the Director of Human Resources will be as follows: Position Title Employee Bi-Weekly Group E-Step Salary Director of Human Resources EXEC $6,280.97 This change will result in the addition of 1.0 Director of Human Resources and 1 .0 Principal Human Resources Analyst positions and the removal of 1 .0 Assistant Director of Human Resources and 1 .0 Senior Human Resources Analyst positions in the fiscal year 2014-15 authorized position count of the Human Resources Department. The Director of Human Resources position will be underfilled at the Assistant Director of Human Resources level until the incumbent's retirement on April 3, 2015. On November 18, 2014, the City Council approved amendments to the City's Compensation Schedule and Classification Plan that included the establishment of a Senior Police Technology Specialist in the Police Department. In this staff report, staff inadvertently noted the bargaining unit for Senior Police Technology Specialist position title as Service Employee's International Union Local 221\Chula Vista Employees Association (SEIU\CVEA). After a review, it has been determined that the appropriate bargaining unit designation would be Chula Vista Mid Managers/Professional Association (MM/PROF), SEIU Local 221. California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2014-2015 Compensation City of Chula Vista Page 2 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 112 File#: 14-0689, Item#: 7. Schedule ("Compensation Schedule") was originally approved by the City Council at their meeting of July 8, 2014, with the most recent revision of the Compensation Schedule approved by the City Council on December 2, 2014. Approval of Resolution C will approve the revised Compensation Schedule to reflect the addition of the Director of Human Resources position title, reflect the change in the bargaining unit designation for Senior Police Technology Specialist; and reflect the annual salary for the elected City Attorney effective December 9, 2014. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any 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 position changes support the City-wide strategic goal of Operational Excellence by providing for the appropriate classifications to provide human resources support to City departments and employees. Furthermore, approval of the revised Fiscal Year 2014-2015 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT The proposed changes in the Human Resources result in a fiscal impact of approximately $59,800. Of this cost, approximately $37,000 are one-time costs. The appropriation to the Human Resources Department will be offset by a reduction in the Administration Department's Personnel Services budget - resulting in no net fiscal impact to the General Fund in the current fiscal year. No budget amendments are needed for the proposed changes in the City Attorney and Police departments. ONGOING FISCAL IMPACT The annualized costs of these personnel changes will be incorporated into the fiscal year 2015-16 proposed budget, which will be considered by the City Council as part of the normal budget process. ATTACHMENTS Revised Fiscal Year 2014-2015 Compensation Schedule Staff Contact: Kelley K. Bacon City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 113 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E L Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $31.30 $32.86 $34.51 $36.23 $38.04 $2,503.77 $2,628.96 $2,760.40 $2,898.42 $3,043.35 ACCOUNTING ASSISTANT 3641 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 ACCOUNTING TECH(HOURLY) 3676 UCHR $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.91 $2,242.71 $2,354.85 ACCOUNTING TECHNICIAN 3643 CONF 1$24.221$25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.72 $2,354.85 ACCOUNTING TECHNICIAN 3675 CVEA $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.71 $2,354.85 ADMIN AIDE 0201 CVEA $16.11 $16.92 $17.76 $18.65 $19.58 $1,288.99 $1,353.44 $1,421.12 $1,492.17 $1,566.78 ADMIN ANALYST 1 0203 CVEA $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.47 ADMIN SERVICES MANAGER 0215 SM $42.86 -- -- -- $52.09 $3,428.62 $4,167.50 ADMINISTRATIVE SECRETARY 0149 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 1$2,190.91 $2,300.45 ADMINISTRATIVE SECRETARY 0179 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ANIMALADOPTION COUNSELOR 5310 CVEA $20.47 $21.49 $22.57 $23.70 $24.88 $1,637.70 $1,719.58 $1,805.56 $1,895.84 $1,990.63 ANIMAL CARE AIDE(HRLY) 5316 UCHR $11.32 $11.91 $12.55 $13.20 $13.90 $905.56 $953.01 $1,003.78 $1,056.21 $1,111.98 ANIMALCARE FAC ADMINISTRATOR 5327 SM $49.94 $52.43 $55.05 $57.81 $60.70 $3,994.85 $4,194.59 $4,404.32 $4,624.54 $4,855.77 ANIMAL CARE FACILITY MANAGER 5330 MM $43.15 $45.30 $47.57 $49.95 $52.44 $3,451.72 $3,624.31 $3,805.53 $3,995.80 $4,195.59 ANIMALCARE FACILITY SUPVR 5317 MM $34.01 $35.71 $37.50 $39.37 $41.34 $2,720.73 $2,856.76 $2,999.60 $3,149.58 $3,307.06 ANIMAL CARE SPECIALIST 5343 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMAL CARE SPECIALIST(HRLY) 5344 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 ANIMAL CARE SUPERVISOR 5319 CVEA $23.84 $25.03 $26.28 $27.59 $28.97 $1,906.90 $2,002.25 $2,102.35 $2,207.48 $2,317.85 ANIMAL CONTROL OFFICER 5303 CVEA 1$20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 1$1,730.28 $1,816.79 $1,907.63 $2,003.01 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $23.69 $24.87 $26.12 $27.42 $28.79 $1,895.05 $1,989.82 $2,089.30 $2,193.77 $2,303.46 ANIMAL SERVICES SPECIALIST 5309 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.29 $3,012.76 $3,163.40 APPLICATIONS SUPPORT MANAGER 3083 MM $39.76 $41.75 $43.84 $46.03 $48.33 $3,180.88 $3,339.92 $3,506.92 $3,682.26 $3,866.38 APPLICATIONS SUPPORT SPEC 3088 PROF 1$32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 AQUARIST 7741 CVEA $21.32 $22.39 $23.51 $24.68 $25.92 $1,705.79 $1,791.08 $1,880.64 $1,974.67 $2,073.40 AQUATIC SUPERVISOR 7579 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.43 $1,836.89 $1,928.74 $2,025.18 $2,126.44 AQUATIC SUPERVISOR II 7577 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.70 $2,339.08 AQUATIC SUPERVISOR 111 7575 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 ASSISTANT CITY CLERK 2210 SM $36.22 $38.03 $39.93 $41.93 $44.03 $2,897.57 $3,042.45 $3,194.57 $3,354.29 $3,522.01 ASSISTANT DIR OF DEV SERVICES 4040 SM $63.15 -- -- -- $76.76 $5,051.90 $6,140.61 ASSISTANT LAND SURVEYOR 6289 WCE $32.78 $34.421$36.14 $37.941 $39.84 $2,622.14 $2,753.24 1$2,890.91 $3,035.45 $3,187.22 ASSOC ACCOUNTANT 3635 CONF $34.43 $36.15 $37.96 $39.85 $41.85 $2,754.13 $2,891.84 $3,036.43 $3,188.25 $3,347.67 ASSOC ENGINEER 6017 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.24 $3,324.54 $3,490.77 $3,665.31 ASSOC PLANNER 4437 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASSOC PLANNER(HOURLY) 4438 UCHR 1$31.03 $32.58 $34.21 $35.92 $37.72 $2,482.53 $2,606.66 $2,736.99 $2,873.85 1$3,017.54 ASSOCIATE LAND SURVEYOR 6287 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASSOCIATE PLAN CHECK ENGINEER 4747 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASST CHIEF OF POLICE 5011 SM $61.95 -- $75.30 $4,955.71 $6,023.69 ASST CITY ATTORNEY 2405 SM $66.14 $69.45 $72.92 $76.531 $80.39 $5,291.23 $5,555.80 $5,833.59 $6,122.02 $6,431.53 ASST CITY MANAGER/ADMIN 2707 EXEC $85.57 -- -- -- $103.37 $6,845.94 $8,269.53 ASST DIR HUMAN RESOURCES 3304 SM $57.61 $69.14 $4,609.10 $5,530.92 ASST DIR OF FINANCE 3604 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF PUBLIC WORKS 6322 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF RECREATION 7401 SM $47.31 $57.50 $3,784.40 $4,599.97 ASST DIRECTOR OF ENGINEERING 6008 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST ENGINEER 6015 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.46 $3,187.22 ASST PLANNER 4439 CVEA 1$28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.59 $2,743.22 AUTOMATED FINGERPRINTTECH 5123 CVEA 1$18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 1$1,572.98 $1,651.62 $1,734.20 $1,820.92 BENEFITS MANAGER 3404 MMCF $39.32 $41.29 $43.35 $45.52 $47.80 $3,145.81 $3,303.10 $3,468.26 $3,641.67 $3,823.76 BENEFITS TECHNICIAN 3401 CONF $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.39 $1,880.96 $1,975.01 $2,073.76 $2,177.45 BENEFITS TECHNICIAN HOURLY 3400 UCHR $22.39 $23.51 $24.69 $25.92 $27.22 $1,791.39 $1,880.96 $1,975.01 $2,073.76 $2,177.44 BLDG PROJECT MANAGER 6412 PROF $36.54 $38.37 $40.291$42.301 $44.42 $2,923.26 $3,069.43 $3,222.90 $3,384.04 $3,553.25 BLDG PROJECTS SUPERVISOR 6404 PROF $33.23 1$34.891$36.631$38.471 $40.39 $2,658.21 $2,791.12 $2,930.68 $3,077.21 $3,231.07 All position titles designated as Executive("EXEC')or Senior Management("SM")have salary bands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and adopted: Res2Wf1g01**,16 Agenda Packet Page 114 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E BUDGET&ANALYSIS MANAGER 2222 SM $53.62 -- -- -- $64.70 $4,289.25 $5,175.98 BUILDING INSPECTOR 1 4771 CVEA $27.32 $28.68 $30.12 $31.61 $33.21 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR 11 4773 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUILDING INSPECTOR 11 HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.18 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR 111 4775 CVEA $33.05 1$34.71 $36.44 $38.26 $40.18 $2,644.37 $2,776.59 $2,915.42 1$3,061.19 $3,214.25 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $60.14 -- -- -- $73.10 $4,811.33 $5,848.20 BUILDING PROJECT COORDINATOR 6407 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUSINESS LICENSE REP 4505 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 CARPENTER 6444 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 CBAG DEPUTY DIRECTOR SD LECC 5269 SM $44.20 -- -- $51.17 $53.72 $3,535.87 $4,093.21 $4,297.87 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM 1$46.68 $58.46 $3,734.34 $4,676.66 CBAG DIR OF IV-LECC 5268 SM $44.20 $53.72 $3,535.87 $4,297.87 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 -- $60.54 -- $68.76 $4,392.69 $4,842.94 $5,501.14 CBAG PROGRAM MANAGER 5285 MM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 CHIEF OF POLICE 5001 EXEC $79.37 -- -- $94.47 $96.47 $6,349.47 $7,557.71 $7,717.83 CHIEF OF STAFF 2011 MMUC $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 CHIEF SERVICE OFFICER 4030 SM 1$30.86 -- -- -- $37.51 $2,469.06 $3,001.16 CIP PROJECTS SUPV 6405 MM $25.30 $26.56 $27.89 $29.28 $30.75 $2,023.61 $2,124.79 $2,231.03 $2,342.58 $2,459.71 CITY ATTORNEY(ELECTED) 2400 CATY -- -- -- -- $88.75 $7,100.39 CITY CLERK 2201 CCLK -- $68.68 $5,494.10 CITY ENGINEER 6010 SM $57.67 $70.10 $4,613.96 $5,608.29 CITY MANAGER 2710 CMGR -- $114.07 $9,125.83 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR 1$22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.30 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICALAIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 CODE ENF OFFICER 1 4777 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER I(HOURLY) 4776 UCHR $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.29 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER 11 4779 CVEA 1$26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 CODE ENF OFFICER 11(HOURLY) 4778 UCHR $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.51 $2,302.15 $2,417.25 $2,538.11 CODE ENFORCEMENT MANAGER 4757 SM $47.32 -- -- -- $57.52 $3,785.89 $4,601.77 CODE ENFORCEMENTTECHNICIAN 4789 CVEA $20.63 $21.67 $22.75 $23.89 $25.08 $1,650.68 $1,733.22 1$1,819.88 $1,910.87 $2,006.41 COLLECTIONS SUPERVISOR 3683 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COMMUNICATION SYSTEM MGR 5161 MM 1$29.73 $31.21 $32.77 $34.41 $36.13 $2,378.22 $2,497.13 $2,621.99 $2,753.09 $2,890.74 COMMUNITY SERV OFFICER 5141 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 COMPUTER PROG/ANALYST 3021 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 COMPUTER PROGRAMMER 3023 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 1$2,491.09 $2,615.64 $2,746.42 CONSERVATION SPECIALIST 1 6200 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.73 1$2,097.61 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.42 $2,258.99 $2,371.93 $2,490.53 1$2,615.06 CONSTRUCTION&REPAIR SUPERVISOR 6427 CVEA $33.10 $34.76 $36.50 $38.32 $40.24 $2,648.18 $2,780.59 $2,919.62 $3,065.60 $3,218.88 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.50 $2,020.73 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL -- -- -- -- $23.43 $1,874.50 CRIME LABORATORY MANAGER 5101 MM $42.72 $44.86 $47.101$49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 CUSTODIAL&FAC MANAGER 6654 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CUSTODIAL SUPERVISOR 6667 CVEA $21.90 $23.00 $24.15 $25.35 $26.62 $1,752.09 $1,839.69 $1,931.68 $2,028.26 $2,129.68 CUSTODIAN 6661 CVEA 1$17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 CUSTODIAN(HOURLY) 6662 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 DELIVERY DRIVER 7191 CVEA $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.77 $1,469.75 $1,543.24 DELIVERY DRIVER(HOURLY) 7192 UCHR $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.76 $1,469.76 $1,543.24 DEP CITY MANAGER 2705 EXEC $88.51 -- -- -- $97.59 $7,081.12 $7,806.93 DEPUTY CITY ATTORNEY 1 2410 PRUC $38.66 $40.59 $42.62 $44.75 $46.99 $3,092.81 $3,247.46 $3,409.83 $3,580.32 $3,759.34 DEPUTY CITY ATTORNEY 11 2408 PRUC $46.39 $48.71 $51.15 $53.70 $56.39 $3,711.37 $3,896.94 $4,091.79 $4,296.38 $4,511.20 DEPUTY CITY ATTY 111 2411 SM $59.54 1$62.52 $65.64 $68.92 $72.37 $4,763.09 $5,001.24 $5,251.31 $5,513.87 $5,789.53 DEPUTY CITY CLERK 2202 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY CITY CLERK 1 2245 PRUC $24.45 $25.67 $26.95 $28.30 $29.72 $1,955.83 $2,053.62 $2,156.30 $2,264.11 $2,377.32 DEPUTY CITY CLERK II 2243 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY FIRE CHIEF 5505 SM $59.53 -- $72.35 $4,762.11 $5,788.37 DEPUTY FIRE CHIEF(INTERIM) 5504 SM 1$59.53 -- $72.35 $4,762.11 $5,788.37 DESIGN REVIEW COORDINATOR 4472 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 DETENTION FACILITY MANAGER 5130 2.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3768.22 $3956.63 $4,154.46 DEVELOPMENT SERVICES TECH 1 4542 9.52 $20.49 $21.52 $22.59 $23.72 $1,561.43 $1,639.50 $1,721.48 $1,807.55 $1,897.93 Approved and adopted: Res2Wf'g01**,16 Agenda Packet Page 115 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule !-ft`,-CFIUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E DEVELOPMENT SVCS DEPT DIR 4039 EXEC $73.90 -- -- $88.41 $89.84 $5,912.04 $7,072.72 $7,187.08 DEVELOPMENT SVCS TECH 11 4541 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 DEVLPMENT SVCS TECH II(HRLY) 4544 UCHR $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.57 $1,803.46 $1,893.63 $1,988.31 $2,087.72 DEVLPMT SVCS COUNTER MGR 4547 MM $35.69 $37.48 $39.35 $41.32 $43.38 $2,855.35 $2,998.12 $3,148.02 $3,305.42 $3,470.70 DIR OF ECON DEVELOPMENT 2734 EXEC $56.00 $79.82 $4,479.69 $6,385.74 DIR OF ENG/CITY ENGINEER 6006 EXEC $65.49 $79.60 $5,238.85 $6,367.85 DIR OF FINANCE 3601 EXEC $74.43 $89.83 $5,954.60 $7,186.12 DIR OF HUMAN RESOURCES 3303 EXEC $64.59 $78.51 $5,167.37 $6,280.97 DIR OF INFO TECH SVCS 3001 EXEC 1$64.59 $71.21 $78.51 $5,167.37 $5,697.03 1$6,280.97 DIR OF LIBRARY 7002 EXEC $69.14 -- $83.40 $5,531.32 $6,671.61 DIR OF PUBLIC WORKS 6320 EXEC $73.25 $86.36 $89.83 $5,860.03 $6,908.65 $7,186.12 DIR OF RECREATION 7405 EXEC $59.72 $62.71 $65.84 $69.14 $72.59 $4,777.81 $5,016.70 $5,267.53 $5,530.91 $5,807.46 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $65.49 -- -- -- $79.60 $5,238.85 $6,367.85 ELECTRICIAN 6438 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 1$2,318.04 $2,433.95 ELECTRONIC/EQUIP INSTALLER 6492 1 CVEA 1$22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.67 ELECTRONICS TECH SUPERVISOR 6472 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 ELECTRONICS TECHNICIAN 6475 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 EMERGENCY SRVCS COORD(HRLY) 5565 UCHR $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5563 MM $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5564 PROF $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMS NURSE COORDINATOR 5567 PROF $45.03 $47.28 $49.65 $52.13 $54.74 $3,602.57 $3,782.69 $3,971.83 $4,170.42 $4,378.94 ENGINEERING TECH 1 6081 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 ENGINEERING TECH 11 6071 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 ENVIRON SVCS PROG MGR 6201 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMNTL RESOURCE MGR 4463 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 EQUIPMENT MAINTENANCE MANAGER 6505 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 EQUIPMENT MECHANIC 6542 CVEA $23.62 $24.80 $26.04 $27.341 $28.71 $1,889.57 $1,984.05 1$2,083.25 $2,187.41 $2,296.78 EQUIPMENT OPERATOR 6361 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 EVIDENCE CONTROL ASST 5115 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EVIDENCE CONTROL ASST(HRLY) 5117 UCHR 1$18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EXECUTIVE SECRETARY 0187 CONF $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,651.00 $2,783.55 EXECUTIVE SECRETARY(HOURLY) 0188 UCHR $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 1$2,404.53 $2,524.76 $2,650.99 $2,783.55 FA ACCOUNTING TECHNICIAN 5270 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.72 $2,354.85 FA ADM IN ANALYST 1 5297 CONF $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.48 FA ADMIN ANALYST II 5296 CONF $29.26 1$30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.73 $2,580.60 $2,709.63 $2,845.12 FA ANALYST 5277 1 CONF $20.33 $21.34 $22.41 $23.53 $24.71 $1,626.07 $1,707.38 $1,792.75 $1,882.38 $1,976.50 FA DIRECTOR OF SD LECC 5274 SM $57.30 -- -- -- $68.76 $4,584.28 $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.29 $2,187.45 1$2,296.83 $2,411.67 $2,532.25 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $37.89 $39.78 $41.77 $43.861 $46.06 $3,031.15 $3,182.73 $3,341.86 $3,508.95 $3,684.40 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $27.51 $28.89 $30.33 $31.85 $33.44 $2,201.15 $2,311.21 $2,426.60 $2,548.11 $2,675.51 FA INFO SECURITY PROGRAM MGR 5453 MMUC $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA LECC IT MANAGER 5440 MMUC $40.42 $42.44 $44.56 $46.79 $49.13 $3,233.24 $3,394.91 $3,564.65 $3,742.88 $3,930.03 FA MANAGEMENT ASSISTANT 5278 CONF $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.83 $2,411.68 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 FA NTWRK ADMINISTRATOR 1 5292 PRUC $33.07 $34.72 $36.46 $38.281 $40.20 $2,645.62 $2,777.90 $2,916.79 $3,062.63 $3,215.77 FA NTWRK ADMINISTRATOR 11 5294 PRUC 1$36.38 $38.20 $40.11 $42.11 $44.22 $2,910.18 $3,055.68 $3,208.47 $3,368.90 $3,537.34 FA PROGRAM ANALYST 5444 PRUC $39.20 $41.16 $43.22 $45.38 $47.65 $3,136.28 $3,293.09 $3,457.75 $3,630.63 $3,812.17 FA PROGRAM ASSISTANT 5451 CONF $19.81 $20.80 $21.84 $22.93 $24.08 $1,584.92 $1,664.16 $1,747.37 $1,834.74 $1,926.48 FA PROGRAM MANAGER 5445 SM $44.20 $46.411$48.73 $51.17 $53.72 $3,535.87 1$3,712.66 $3,898.29 $4,093.21 $4,297.87 FA PUBLIC SAFETY ANALYST 5265 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.67 $2,457.69 $2,580.59 $2,709.61 $2,845.09 FA RCFL NETWRK ENGINEER 5284 CONF $31.93 $33.53 $35.20 $36.961 $38.81 $2,554.36 $2,682.08 $2,816.19 $2,957.00 $3,104.85 FA SR PUBLIC SAFETY ANALYST 5414 PRUC 1$32.35 $33.97 $35.67 $37.45 $39.33 $2,588.25 $2,717.65 $2,853.54 $2,996.22 $3,146.02 FA SR SECRETARY 5477 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 FACILITIES MANAGER 6425 MM $40.16 $42.17 $44.28 $46.49 $48.82 $3,213.04 $3,373.69 1$3,542.38 $3,719.50 $3,905.47 FACILITY&SUPPLY SPECIALIST 5648 CVEA $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.85 $1,979.09 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $20.351$21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.84 $1,979.09 FAMILY&YOUTH LITERACY COORD 7035 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.50 $19.43 $20.40 1$21421 $22.49 $1,480.18 $1,554.20 $1,631.90 $1,713.50 $1,799.18 FINANCE MANAGER 3623 SM $45.93 -- $55.83 $3,674.27 $4,466.09 Approved and adopted: Resglgtlq01**,16 Agenda Packet Page 116 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E FIRE APPARATUS MECH 6521 CVEA $28.33 $29.75 $31.23 $32.79 $34.43 $2,266.30 $2,379.62 $2,498.60 $2,623.53 $2,754.71 FIRE BATTALION CHIEF(112 HR) 5511 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.37 $3,983.04 $4,182.19 $4,391.30 $4,610.87 FIRE BATTALION CHIEF(80 HR) 5513 IAFF $47.42 $49.79 $52.28 $54.89 $57.64 $3,793.37 $3,983.04 $4,182.19 $4,391.30 $4,610.87 FIRE BATTALION CHIEF(INTERIM) 5540 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.38 $3,983.05 $4,182.20 $4,391.31 $4,610.88 FIRE CAPTAIN(112 HR) 5583 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 $3,045.01 $3,197.26 $3,357.12 $3,524.97 $3,701.22 FIRE CAPTAIN(80 HR) 5581 IAFF $38.06 $39.97 $41.96 $44.06 $46.27 $3,045.01 $3,197.26 $3,357.12 $3,524.97 $3,701.22 FIRE CAPTAIN(INTERIM) 5580 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 $3,045.01 $3,197.26 $3,357.12 $3,524.97 $3,701.22 FIRE CHIEF 5501 EXEC $71.43 -- $84.67 -- $86.83 $5,714.52 $6,773.65 $6,946.05 FIRE CHIEF(INTERIM) 5502 EXEC $71.43 -- -- -- $86.83 $5,714.52 $6,946.05 FIRE DIVISION CHIEF 5507 MMUC 1$54.27 $56.991$59.84 $62.831 $65.97 $4,341.96 $4,559.06 $4,787.01 $5,026.37 $5,277.68 FIRE ENG(112 HR) 5603 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.75 FIRE ENG(80 HR) 5601 IAFF $32.45 $34.08 $35.78 $37.57 $39.45 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.75 FIRE ENGINEER(INTERIM) 5602 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.75 FIRE INSP/INVESTI 5530 IAFF $27.45 $28.82 $30.26 $31.77 $33.36 $2,195.71 $2,305.50 $2,420.77 $2,541.81 $2,668.90 FIREINSP/INVEST II 5531 IAFF $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.84 $2,795.99 $2,935.78 FIRE INSP/INVEST II HRLY 5532 UCHR $30.79 $32.33 $33.95 $35.65 $37.43 $2,463.58 $2,586.76 $2,716.10 $2,851.90 $2,994.50 FIRE PREV ENG/INVEST 5528 IAFF $36.41 $38.23 $40.15 $42.15 $44.26 $2,913.12 $3,058.77 $3,211.71 $3,372.29 $3,540.91 FIRE PREVENTION AIDE 5533 UCHR $13.43 $14.10 $14.80 $15.54 $16.32 $1,074.12 $1,127.82 $1,184.22 $1,243.43 $1,305.60 FIREFIGHTER(112 HR) 5623 IAFF $19.70 $20.69 $21.72 $22.81 $23.95 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER(80 HR) 5621 IAFF $27.58 $28.96 $30.41 $31.93 $33.53 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER/PARAMEDIC(112 HR) 5613 IAFF $22.66 $23.79 $24.98 $26.23 $27.54 $2,537.51 $2,664.38 $2,797.60 $2,937.48 $3,084.36 FIREFIGHTER/PARAMEDIC(80 HR) 5611 IAFF $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.51 $2,664.38 $2,797.60 $2,937.48 $3,084.36 FISCAL&MANAGEMENT ANALYST 0216 PRCF $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.95 FISCAL&MGT ANALYST(HOURL) 0218 UCHR $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.94 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL OFFICE SPECIALIST 0169 CVEA $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL SERVICES ANALYST 3610 PROF $40.09 $42.09 $44.20 $46.41 $48.73 $3,207.18 $3,367.54 $3,535.92 $3,712.72 $3,898.35 FLEET INVENTORY CONTROL SPEC 6513 CVEA $23.41 $24.58 $25.80 $27.09 $28.45 $1,872.43 $1,966.05 $2,064.35 $2,167.57 $2,275.95 FLEET MANAGER 6501 MM $39.17 $41.13 $43.19 $45.35 $47.61 $3,133.79 $3,290.48 $3,455.00 $3,627.75 $3,809.14 FORENSICS SPECIALIST 5114 CVEA $28.05 $29.45 $30.92 $32.47 $34.09 $2,243.72 $2,355.91 $2,473.70 $2,597.39 $2,727.26 GARDENER(SEASONAL) 6629 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER I 6627 CVEA 1$17.31 $18.181$19.09 $20.04 $21.04 $1,385.05 1$1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER II 6623 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 GIS MANAGER 3079 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,373.00 $3,541.64 $3,718.73 $3,904.66 GIS SPECIALIST 3081 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 GIS SPECIALIST(HOURLY) 3092 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 GRAPHIC DESIGNER 2775 CVEA $25.02 1$26.27 $27.58 $28.96 $30.41 $2,001.60 $2,101.68 $2,206.76 $2,317.10 $2,432.96 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM $49.43 -- -- -- $59.61 $3,954.52 $4,769.12 HOUSING REHAB SPEC 4791 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 HR ANALYST 3310 PRCF $29.09 $30.55 $32.07 $33.68 $35.36 $2,327.38 $2,443.74 $2,565.93 $2,694.23 $2,828.94 HR OPERATIONS MANAGER 3317 SM $45.47 -- -- -- $55.27 $3,637.89 -- I -- -- $4,421.88 HR TECHNICIAN 3315 CONF $22.47 $23.60 $24.78 $26.02 $27.32 $1,797.96 $1,887.86 $1,982.25 $2,081.36 $2,185.43 HUMAN SERVICE COORD 7551 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 HVACTECHNICIAN 6430 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 INFO TECH MANAGER 5104 SM $48.85 -- -- -- $58.62 $3,908.30 $4,689.97 I N FO TECH SU P PO RT SP ECIA LIST 3014 PROF $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 INFORMATI0NSYSTECH 3041 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.73 $1,846.67 $1,939.00 $2,035.95 $2,137.75 INTERN I 0261 UCHR $9.25 $9.71 $10.20 $10.71 $11.25 $740.11 $777.12 $815.98 $856.77 $899.61 INTERN II 0263 UCHR $10.20 $10.71 $11.25 $11.81 $12.40 $815.99 $856.79 $899.62 $944.61 $991.84 INTERN III 0265 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 IT SUPPORT SPECIALIST(HOURLY) 3002 UCHR $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 LANDSCAPE ARCHITECT 4480 PROF 1$35.81 $37.601$39.48 $41.451 $43.52 1$2,394.47$2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 LANDSCAPE INSPECTOR 6291 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 LANDSCAPE PLANNER I 4482 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.70 $2,488.18 $2,612.59 $2,743.22 LANDSCAPE PLANNER II 4483 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 LATENT PRINT EXAMINER 5111 CVEA $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.77 $2,987.00 $3,136.35 LATENT PRINT EXAMINER HRLY 5112 UCHR $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.76 $2,987.00 $3,136.35 LAW OFFICE MANAGER 2465 MMUC $29.93 $31.43 $33.00 $34.65 $36.38 $2,514.19 $2,639.91 $2,771.91 $2,910.50 LEAD CUSTODIAN 6663 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 M$1,523.56 1$1,599.73 $1,679.72 $1,763.71 $1,851.89 LEGAL ASSISTANT 0183 CONF $23.89 $25.09 $26.34 $27.66 $29.04 N$1,911.33 1$2,006.89 $2,107.24 $2,212.60 $2,323.23 LIBRARIAN I 7075 CVEA $22.69 $23.82 $25.01 $26.26 $27.57 E$1,814.80 1$1,905.54 $2,000.82 $2,100.86 $2,205.91 Approved and adopted: Resglgtlq01**,16 Agenda Packet Page 117 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule !-ft`,-CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E LIBRARIAN I(HOURLY) 7076 UCHR $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.87 $2,205.91 LIBRARIAN 11 7073 CVEA $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN 11(HOURLY) 7074 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN 111 7071 CVEA $27.45 $28.82 $30.26 $31.78 $33.36 $2,195.92 $2,305.71 $2,421.00 $2,542.05 $2,669.15 LIBRARYADMIN COORDINATOR 7018 PROF 1$34.911$36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARYAIDE 7181 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 LIBRARY ASSISTANT 7157 CVEA $16.32 $17.13 $17.99 $18.89 $19.83 $1,305.36 $1,370.63 $1,439.15 $1,511.11 $1,586.67 LIBRARY ASSOCIATE 7091 CVEA $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.91 $36.65 $38.48 $40.411 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY OPERATIONS MANAGER 7029 MM 1$44.79 $47.02 $49.38 $51.84 $54.44 $3,582.80 $3,761.93 $3,950.03 $4,147.54 $4,354.91 LIBRARY TECHNICIAN 7121 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY VISITOR ASSISTANT 7185 UCHR $13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD 1 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.96 $1,161.26 $1,219.33 1$1,280.29 $1,344.31 LIFEGUARD 11 7585 UCHR $15.21 $15.971$16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.36 $1,478.77 LITERACY&PROGRAMMING COORD 7034 MM 1$34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LITERACY TEAM COORD 7036 PROF 1$30.35 $31.86 $33.46 $35.13 $36.89 $2,427.78 $2,549.16 $2,676.62 $2,810.45 $2,950.98 LOCKSMITH 6443 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 MAINTENANCE WORKER 1 6377 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER I(HRLY) 6379 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER 11 6373 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 MAINTENANCE WORKER 11 HRLY 6381 UCHR $19.041$20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MANAGEMENT ANALYST 0225 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 MARKTNG&COMMUNCTNS MGR 2780 MMUC $41.07 $43.13 $45.28 $47.55 $49.92 $3,285.80 $3,450.09 1$3,622.59 $3,803.72 $3,993.91 MARKTNG&COMMUNICATIONS MGR 2781 SM $52.07 -- $53.54 -- $63.30 $4,165.96 $4,283.46 $5,063.75 MAYOR 2001 MY -- -- I -- -- $58.58 1$4,686.25 MECHANIC ASSISTANT 6550 CVEA 1$19.02 $19.97 $20.97 $22.02 $23.12 $1,521.83 $1,597.92 $1,677.82 $1,761.71 $1,849.79 MUSEUM ATTENDANT 7215 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.11 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.83 OFFICE SPECIALIST(HOURLY) 0160 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 1$1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OPEN SPACE COORD 6301 MM $32.61 $34.24 $35.95 $37.75 $39.64 $2,608.80 $2,739.24 $2,876.20 $3,020.01 $3,171.02 OPEN SPACE INSPECTOR 6311 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 OPEN SPACE MANAGER 6302 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 OPS&TELECOM MGR 3025 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,372.99 $3,541.64 $3,718.72 $3,904.66 PAINTER 6434 CVEA 1$22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.90 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 7441 CVEA $29.03 $30.48 $32.00 $33.601 $35.28 $2,322.07 $2,438.31 $2,560.22 $2,688.23 $2,822.64 PARKING CONTROL OFFICER 5151 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 1$1,501.48 $1,576.55 $1,655.38 PARKING METER TECH(HOURLY) 3694 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.21 $1,820.92 PARKING METER TECHNICIAN 3693 CVEA 1$18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 PARKS MANAGER 6604 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 PARKS OPERATIONS MANAGER 6610 MM $44.53 $46.76 $49.10 $51.551 $54.13 $3,562.60 $3,740.73 $3,927.77 $4,124.15 $4,330.36 PARKS SUPERVISOR 6605 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PEACE OFFICER 5061 POA $32.33 $33.95 $35.65 $37.43 $39.30 $2,586.52 $2,715.84 $2,851.64 $2,994.22 $3,143.93 PERFORMANCE&ORG DEV MGR 2758 SM $49.68 -- -- -- $59.61 $3,974.30 $4,769.12 PERMITS PROCESSING SUPERVISOR 4719 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 PERSONNEL TECHNICIAN 3341 CONF $21.98 $23.08 $24.23 $25.45 $26.72 $1,758.45 $1,846.37 $1,938.69 $2,035.62 $2,137.40 PLAN CHECK SUPERVISOR 4731 MM $43.85 $46.05 $48.35 $50.771 $53.31 $3,508.37 $3,683.79 $3,867.98 $4,061.38 $4,264.45 PLANNING MANAGER 4727 SM $51.31 -- -- -- $61.90 $4,105.18 $4,952.25 PLANNING TECHNICIAN 4527 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 PLANS EXAMINER HOURLY 4744 UCHR $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 PLUMBER 6432 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.65 $2,318.03 $2,433.94 POLICE ADMIN SERVICES ADMINISTRATOR 5025 SM $50.24 -- -- -- $61.07 $4,019.29 $4,885.47 POLICE AGENT 5051 POA $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.18 $2,990.58 $3,140.11 $3,297.12 $3,461.97 POLICE CADET 5427 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 POLICE CAPTAIN 5022 SM $61.93 -- -- -- $75.27 $4,954.10 --- -- -- $6,021.74 POLICE COMM REL SPECIALIST 5258 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 POLICE COMM SYSTEMS MANAGER 5185 MM $39.76 $41.75 $43.83 $46.02 $48.33 $3,180.63 $3,339.65 $3,506.64 $3,681.96 $3,866.07 Approved and adopted: Resglgtlq01**,16 Agenda Packet Page 118 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`,'CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E POLICE DATA SPECIALIST 0163 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE DISPATCHER 5181 CVEA $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER(HOURLY) 5180 UCHR $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.37 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER SUPERVISOR 5183 CVEA $29.07 $30.52 $32.05 $33.65 $35.33 $2,325.59 $2,441.86 $2,563.96 $2,692.16 $2,826.76 POLICE DISPATCHER TRAINEE 5179 CVEA $22.981$24.13 $25.34 $26.60 $27.93 $1,838.41 $1,930.33 $2,026.84 1$2,128.19 $2,234.60 POLICE LIEUTENANT 5031 POA $49.15 $51.60 $54.19 $56.89 $59.74 $3,931.80 $4,128.39 $4,334.81 $4,551.55 $4,779.13 POLICE REC&SUPPORTSUPV 5203 CVEA $22.28 $23.39 $24.56 $25.79 $27.08 $1,782.02 $1,871.12 $1,964.67 $2,062.91 $2,166.06 POLICE REC TRANSCRIPT(HRLY) 0168 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPECIALIST 0165 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 1$1,559.86 $1,637.85 POLICE RECRUIT 5071 CVEA $24.79 $26.03 -- -- -- $1,983.34 $2,082.51 POLICE SERGEANT 5041 POA $40.95 $43.00 $45.15 $47.41 $49.78 $3,276.25 $3,440.07 $3,612.07 $3,792.67 $3,982.31 POLICE SERVICES OFF(HOURLY) 5133 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES OFFICER 5131 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.66 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES TECHNICIAN 5415 CVEA $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE SUPPORT SERVICES MGR 5205 MM $33.66 $35.35 $37.11 $38.97 $40.92 $2,692.98 $2,827.63 $2,969.01 $3,117.46 $3,273.33 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $26.06 $27.37 $28.73 $30.16 $31.67 $2,084.56 $2,189.83 $2,298.22 $2,413.14 $2,533.79 POLICE SVCS TECH(HOURLY) 5416 UCHR $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE TECHNOLOGY SPECIALIST 5107 CVEA 1$34.17 $35.881$37.68 $39.56 $41.54 $2,733.98 1$2,870.67 $3,014.20 $3,164.93 $3,323.17 POLICE TRAINING&DEV SUPV 5264 PROF $33.13 $34.78 $36.52 $38.35 $40.27 $2,650.24 $2,782.75 1$2,921.90 $3,067.99 $3,221.39 POLICY AIDE 2013 PRUC $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 PRINCIPAL CIVIL ENGINEER 6021 MM $47.93 $50.33 $52.85 $55.49 $58.26 $3,834.56 $4,026.29 $4,227.60 $4,438.98 $4,660.94 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL HR ANALYST 3306 PRCF $36.801$38.64 $40.57 $42.60 $44.73 $2,944.14 $3,091.35 $3,245.92 $3,408.21 $3,578.63 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.78 $3,768.22 $3,956.63 $4,154.46 PRINCIPAL LIBRARIAN 7051 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 1$3,078.62 $3,232.55 $3,394.18 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGMT ANALYST(CONF) 0214 PRCF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGTANALYST(HOURLY) 0200 UCHR $36.05 $38.26 $40.18 $42.18 $44.29 $2,883.75 $3,061.04 $3,214.09 $3,374.79 $3,543.54 PRINCIPAL MGT ANALYST(INTERIM) 0212 PROF $36.76 $39.02 $40.97 $43.02 $45.17 $2,940.86 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL PLANNER 4431 MM $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 1$3,789.69 $3,979.17 $4,178.13 PRINCIPAL RECREATION MANAGER 7410 MM $36.23 $38.04 $39.95 $41.94 $44.04 $2,898.54 $3,043.46 $3,195.64 $3,355.42 $3,523.19 PRINCIPAL REVENUE ANALYST 3608 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PROCUREMENT SPECIALIST 3721 CVEA $26.56 $27.89 $29.28 $30.75 $32.29 $2,124.87 $2,231.12 $2,342.67 $2,459.81 $2,582.80 PROGRAMMER ANALYST 3090 PROF $32.531$34.16 $35.871$37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 PROJECT COORDINATOR 4217 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.21 PROJECT COORDINATOR I(HRLY) 4218 UCHR $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.22 PROJECT COORDINATOR II 4215 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PROJECT COORDINATOR II(HRLY) 4216 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PUB WORKSSPECIALIST 6712 CVEA $21.78 $22.86 $24.01 $25.211 $26.47 $1,742.01 $1,829.11 1$1,920.56 $2,016.59 $2,117.42 PUBLIC INFO OFFICER(HRLY) 5032 UCHR 1$35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFO OFFICER(PD) 5034 PROF $35.72 $37.50 $39.38 $41.35 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.60 $3,472.98 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 PUBLIC SAFETY ANALYST 5254 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC SAFETY ANALYST(HRLY) 5256 UCHR $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC WORKS COORDINATOR 6324 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 1$2,864.78 $3,008.02 $3,158.42 PUBLIC WORKS INSP 1 6123 CVEA 1$27.32 $28.681$30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 PUBLIC WORKS INSP 11 6121 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 1$1,983.87$2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 PUBLIC WORKS MANAGER 6336 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 PUBLIC WORKS SUPERVISOR 6337 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PUMP MAINTTECHNICIAN 6396 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $2,083.06 $2,187.22 1$2,296.58 $2,411.41 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $29.06 $30.51 $32.04 $33.64 $35.32 $2,324.89 $2,441.14 $2,563.20 $2,691.35 $2,825.92 PURCHASING AGENT 3711 SM $45.47 -- -- -- $55.27 1$3,334.40$3,637.89 $4,421.88 RANGE MASTER 5417 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RANGE MASTER(HOURLY) 5418 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $41.68 $43.76 $45.95 $48.25 $50.66 $3,501.12 $3,676.17 $3,859.98 $4,052.98 RECAIDE 7605 UCHR $9.55 $10.03 $10.53 $11.061 $11.61 N $764.21 $802.42 $842.54 $884.67 $928.90 REC SPECIALIST 1 76011 UCHR $15.10 $15.86 $16.65 1$17.481 $18.36 E$1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 REC SUPERVISOR I(HOURLY) 7426 1 UCHR $21.87 $22.961$24.111$25.311 $26.58 E$1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.44 Approved and adopted: Res2Wf'g01**,16 Agenda Packet Page 119 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`,'CFIUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E 0 Step A Step B Step C Step D Step E RECORDS MANAGER 2211 MM $30.95 $32.50 $34.13 $35.83 $37.62 $2,476.26 $2,600.08 $2,730.09 $2,866.59 $3,009.92 RECORDS SPECIALIST 2217 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.22 $1,556.33 $1,634.14 $1,715.85 $1,801.64 RECREATION LEADER 1 7609 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.08 $1,013.36 $1,064.02 RECREATION LEADER 11 7607 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 RECREATION SUPERVISOR 1 7425 CVEA $21.87 1$22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.89 $1,928.74 1$2,025.18 $2,126.43 RECREATION SUPERVISOR 11 7423 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 RECREATION SUPERVISOR 111 7422 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 RECYCLING SPECIALIST 1 2742 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.72 $2,097.61 RECYCLING SPECIALIST 11 2744 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 REDEVELOPMENT MANAGER 4045 SM $46.78 -- -- -- $56.86 $3,742.50 $4,549.02 REDEVLP COORDINATOR 4042 PROF 1$44.86 $47.10 $49.46 $51.93 $54.53 $3,588.78 $3,768.22 $3,956.63 $4,154.47 $4,362.19 REGISTERED VET TECH(HOURLY) 5312 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 REGISTERED VETERINARY TECH 5307 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 -- -- $1,139.42 $1,195.85 $1,255.53 REVENUE&RECOVERY MANAGER 3680 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 1$2,864.78 $3,008.02 $3,158.42 RISK ANALYST 3380 PROF $24.63 $25.87 $27.16 $28.52 $29.94 $1,970.72 $2,069.26 $2,172.72 $2,281.36 $2,395.42 RISK MANAGEMENT SPECIALIST 3386 PROF $28.81 $30.25 $31.76 $33.35 $35.02 $2,304.56 $2,419.78 $2,540.78 $2,667.82 $2,801.21 RISK MANAGER 3361 SM $45.93 -- -- -- $55.83 $3,674.27 -- -- -- $4,466.10 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.55 $11.081$11.64 $12.22 $804.19 $844.39 $886.62 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SECRETARY(HOURLY) 0152 UCHR 1$18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SENIOR POLICE TECHNOLOGY SPECIALIST 5109 PROF $39.30 $41.27 $43.33 $45.50 $47.77 $3,144.08 $3,301.28 $3,466.35 $3,639.67 $3,821.65 SIGNAL SYSTEMS ENGINEER 1 6169 CVEA $31.41 $32.98 $34.63 $36.36 $38.17 $2,512.48 $2,638.11 $2,770.01 $2,908.52 $3,053.94 SIGNAL SYSTEMS ENGINEER 11 6170 CVEA $34.55 $36.27 $38.09 $39.99 $41.99 $2,763.74 $2,901.92 $3,047.02 $3,199.37 $3,359.33 SIGNING&STRIPING SUPERVISOR 6355 CVEA $29.03 $30.48 $32.00 $33.601 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 SPECIAL EVENTS PLANNER 2762 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SPECIAL PLANNING PROJ MGR 4101 SM $42.88 -- -- -- $52.13 $3,430.78 $4,170.14 SRACCOUNTANT 3630 MMCF $38.07 $39.97 $41.97 $44.07 $46.27 $3,045.44 $3,197.71 $3,357.60 $3,525.48 $3,701.75 SR ACCOUNTING ASST 3651 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR ADMINISTRATIVE SECRETARY 0145 CONF $26.02 $27.32 $28.69 $30.131 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ADMINISTRATIVE SECRETARY 0185 CVEA $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.54 SR APPLICATIONS SUPPORT SPEC 3089 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR ASST CITY ATTORNEY 2403 EXEC $71.43 -- -- -- $86.83 $5,714.52 $6,946.05 SR BENEFITS TECHNICIAN 3403 CONF $25.45 $26.72 $28.06 $29.46 $30.93 $2,035.87 $2,137.66 $2,244.55 $2,356.78 $2,474.61 SR BUILDING INSPECTOR 4781 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR BUSINESS LICENSE REP 4507 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR CIVIL ENGINEER 6019 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.17 $3,823.23 $4,014.39 $4,215.10 SR CODE ENF OFF(HOURLY) 4764 UCHR $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.54 $2,912.21 $3,057.82 $3,210.71 SR CODE ENFORCEMENT OFF 4763 CVEA $33.02 $34.67 $36.40 $38.221 $40.13 $2,641.46 $2,773.53 $2,912.21 $3,057.82 $3,210.71 SR COUNCIL ASST 2027 CONF $16.05 $16.86 $17.70 $18.58 $19.51 $1,284.24 $1,348.45 $1,415.87 $1,486.67 $1,561.00 SR COUNCIL ASST 2025 UCHR 1$25.45 $26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.13 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $30.93 $32.47 $34.10 $35.80 $37.59 $2,474.12 $2,597.83 $2,727.72 $2,864.10 $3,007.31 SR ECONOMIC DEV SPEC 2725 PROF $28.24 $29.66 $31.14 $32.69 $34.33 $2,259.44 $2,372.42 $2,491.04 $2,615.59 $2,746.37 SR EDUC SERVICES SUPERVISOR 7457 CVEA $27.661$29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 SR ELECTRICIAN 6442 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR ENGINEERING TECHNICIAN 6059 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $31.06 $32.61 $34.24 $35.95 $37.75 $2,484.57 $2,608.80 $2,739.24 $2,876.20 $3,020.01 SR EQUIPMENT MECHANIC 6512 CVEA $27.16 $28.52 $29.95 $31.44 $33.02 $2,173.00 $2,281.66 $2,395.74 $2,515.52 $2,641.30 SR EVIDENCE CONTROL ASST 5119 CVEA 1$21.53 $22.611$23.74 $24.93 $26.18 $1,722.79 $1,808.93 $1,899.37 $1,994.35 $2,094.06 SR FIRE INSP/INVEST 5529 IAFF $25.05 $26.30 $27.62 $29.00 $42.63 $2,805.63 $2,945.91 $3,093.20 $3,247.86 $3,410.26 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR GARDENER 6621 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR GIS SPECIALIST 3080 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 SR GRAPHIC DESIGNER 2764 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SR HR ANALYST 3308 PRCF $33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 1$2,950.83 $3,098.37 $3,253.28 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.85 $27.14 $28.50 $29.921 $31.42 $2,067.88 $2,171.28 1$2,279.83 1$2,393.84 1$2,513.5 2 SR HVAC TECHNICIAN 6441 CVEA $28.78 $30.22 $31.74 $33.321 $34.99 $2,302.77 $2,417.91 1$2,538.81 1$2,665.75 1$2,799.03 SR INFOTECH SUPPORTSPEC 3012 PROF $36.15 $37.95 $39.85 $41.841 $43.94 E$2,891.71 $3,036.30 1$3,188.11 1$3,347.52 1$3,514.89 Approved and adopted: Resglgtlq01**,16 Agenda Packet Page 120 �vrf rnror Fiscal Year 2014-2015 Compensation Schedule 1-ft`CHUTA VISTA Effective June 27,2014 Hourly Rate Bi-Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E L Step A Step B Step C Step D Step E SR LAND SURVEYOR 6285 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 SR LANDSCAPE INSPECTOR 6295 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR LEGAL ASSISTANT 2463 CONF $26.28 $27.59 $28.97 $30.42 $31.94 $2,102.46 $2,207.59 $2,317.97 $2,433.86 $2,555.56 SR LIBRARIAN 7053 MM $30.35 $31.87 $33.46 $35.14 $36.89 $2,428.18 $2,549.59 $2,677.07 $2,810.92 $2,951.47 SR LIFEGUARD 7589 UCHR 1$16.721$17.55 $18.43 1$19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 1$1,548.21 $1,625.62 SR MAINTENANCE WORKER 6371 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR MANAGEMENT ANALYST 0206 PROF $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.86 $2,979.76 $3,128.74 $3,285.18 SR MANAGEMENT ANALYST(HOURLY) 0210 UCHR $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR OFFICE SPECIALIST 0173 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OPEN SPACE INSPECTOR 6309 CVEA 1$31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 1$2,909.40 $3,054.87 SR PARK RANGER 7439 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.46 $2,222.27 SR PLAN CHECK ENGINEER 4745 WCE $41.46 $43.54 $45.71 $48.00 $50.40 $3,317.01 $3,482.86 $3,657.00 $3,839.85 $4,031.84 SR PLANNER 4432 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 SR PLANNING TECHNICIAN 4529 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 SR POLICE DATA SPECIALIST 0164 CVEA $19.37 $20.34 $21.36 $22.42 $23.54 $1,549.59 $1,627.07 1$1,708.42 $1,793.84 $1,883.54 SR PROCUREMENT SPECIALIST 3728 PROF $29.37 $30.84 $32.38 $34.00 $35.70 $2,349.62 $2,467.10 $2,590.46 $2,719.98 $2,855.98 SR PROGRAMMER ANALYST 3091 PROF $36.50 $38.33 $40.25 $42.26 $44.37 $2,920.34 $3,066.36 $3,219.68 $3,380.66 $3,549.69 SR PROJECT COORDINATOR 4214 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 $3,007.69 $3,158.07 $3,315.97 $3,481.78 SR PUBLIC SAFETY ANALYST 5260 PROF $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.26 $2,717.67 $2,853.56 $2,996.23 $3,146.05 SR PUBLIC WORKS INSP 6101 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.94 $3,200.33 $3,360.35 SR PUBLIC WORKS SPECIALIST 6702 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SR RECORDS SPECIALIST 2215 CVEA $21.31 $22.37 $23.49 $24.67 $25.90 $1,704.54 $1,789.77 $1,879.26 $1,973.23 $2,071.89 SR RECREATION MGR 7421 MM $31.20 $32.76 $34.39 $36.11 $37.92 $2,495.76 $2,620.54 $2,751.57 $2,889.15 $3,033.61 SR RISK MANAGEMENT SPECIALIST 3385 PROF $33.46 $35.13 $36.89 1$38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR SECRETARY 0139 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY 0177 CVEA 1$20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 1$1,797.55 $1,887.43 $1,981.80 SR SECRETARY(HOURLY) 0178 UCHR $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.44 $1,711.96 $1,797.55 $1,887.43 $1,981.80 SR TREE TRIMMER 6573 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 STOREKEEPER 3734 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 STOREKEEPER SUPERVISOR 3732 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 STORMWTR COMPLNCE INSP 1 6127 CVEA $24.83 $26.08 $27.38 $28.75 $30.19 $1,986.75 $2,086.09 $2,190.39 $2,299.91 $2,414.91 STORMWTR COMPLNCE INSP 11 6125 1 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.44 $2,294.70 $2,409.44 $2,529.91 $2,656.41 SURVEY TECHNICIAN 1 6151 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 SURVEY TECHNICIAN 11 6141 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SYSTEMS/DATABASEADMINISTRATR 3015 PROF $36.14 $37.95 $39.85 $41.84 $43.93 $2,891.47 $3,036.05 $3,187.85 $3,347.24 $3,514.60 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.74 $1,846.66 $1,939.00 $2,035.95 $2,137.75 TINYTOTAIDE 7503 UCHR 1$12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 TINY TOT SPECIALIST 7505 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 TRAFFIC DEVICES TECH 6177 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 TRAFFIC ENGINEER 6024 PROF $37.37 $39.24 $41.20 $43.26 $45.42 $2,989.46 $3,138.93 $3,295.88 $3,460.68 $3,633.71 TRAFFIC OFFICER(HOURLY) 5293 UCHR $14.24 $14.95 $15.69 -- -- $1,139.42 $1,195.84 $1,255.53 TRAINING PROGRAM SPEC(HRLY) 5250 UCHR 1$21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.56 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.98 $23.081$24.24 $25.451 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 TRANS ENGINEER W/CERT 6031 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 TRANS ENGINEER W/O CERT 6033 WCE $41.28 $43.35 $45.51 $47.79 $50.18 $3,302.64 $3,467.77 $3,641.16 $3,823.22 $4,014.38 TRANSIT MANAGER 6218 MMUC $44.79 $47.03 $49.39 $51.85 $54.45 $3,583.49 $3,762.67 1$3,950.80 $4,148.34 $4,355.76 TRANSIT OPERATIONS COORD 6224 PROF $36.62 $38.45 $40.37 $42.39 $44.51 $2,929.22 $3,075.68 $3,229.46 $3,390.94 $3,560.48 TREASURY AND BUSINESS MANAGER 3611 SM $53.23 -- -- -- $64.70 $4,258.29 $5,175.98 TREETRIMMER 6575 CVEA $20.95 $22.00 $23.10 $24.251 $25.46 $1,675.91 $1,759.70 $1,847.69 $1,940.07 $2,037.08 TREE TRIMMER SUPERVISOR 6572 CVEA $28.91 $30.36 $31.87 $33.47 $35.14 $2,312.76 $2,428.40 $2,549.82 $2,677.31 $2,811.17 URBAN FORESTRY MANAGER 3891 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 VETERINARIAN 5321 PROF $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.87 $3,081.61 1$3,235.69 $3,397.48 $3,567.37 VETERINARIAN(HOURLY) 5308 UCHR 1$45.85 $48.15 $50.56 $53.09 $55.74 $3,667.78 $3,852.02 $4,044.62 $4,246.85 $4,459.19 VETERINARIAN(PERMITTED) 5331 PROF $51.65 $54.24 $56.95 $59.80 $62.79 $4,132.31 $4,338.92 $4,555.87 1$4,783.66 $5,022.84 VETERINARIAN-PERMITTED 5322 UCHR $64.84 $68.08 $71.48 $75.06 $78.81 $5,186.99 $5,446.34 $5,718.66 $6,004.59 $6,304.82 VETERINARY ASSISTANT 5325 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 VOLUNTEER COORD(DEPT) 7131 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 WASTEWATER COLLECTIONS MGR 6334 MM $40.98 $43.03 $45.18 $47.44 $49.81 $3,278.51 $3,442.44 1$3614.56 1$3,795.2 9 $3,985.05 Approved and adopted: Resglgtlq01**,16 Agenda Packet Page 121 cRror Fiscal Year 2014-2015 Compensation Schedule �CHULANSfA Effective June 27,2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E WEBMASTER 2777 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 WEBMASTER(HOURLY) 2790 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 YOUTH COORDINATOR 7481 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 Chula Vista Police Officers'Association(POA)Represented Classifications Salaries Effective 12/26/2014 Hourly Rate Bi-Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PEACE OFFICER 5061 POA $33.30 $34.97 $36.71 $38.55 $40.48 $2,664.11 $2,797.32 $2,937.19 $3,084.05 $3,238.25 POLICE AGENT 5051 POA $36.67 $38.50 $40.43 $42.45 $44.57 $2,933.62 $3,080.30 $3,234.31 $3,396.03 $3,565.83 POLICE LIEUTENANT 5031 POA $50.62 $53.15 $55.81 $58.60 $61.53 $4,049.76 $4,252.24 $4,464.86 $4,688.10 $4,922.50 POLICE SERGEANT 5041 POA $42.18 $44.29 $46.51 $48.83 $51.27 $3,374.54 $3,543.27 $3,720.43 $3,906.46 $4,101.78 Revised: July 25,2014 August 8,2014 November 4,2014 November 18,2014 December 2,2014 December 16,2014 Approved and adopted: Resglgf1gnf*,16 Agenda Packet Page 122 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE ANNUAL SALARY FOR THE ELECTED CITY ATTORNEY AT $184,610 EFFECTIVE DECEMBER 9, 2014 WHEREAS, in June 2012,voters approved an amendment to the City Charter that set the annual salary of the elected City Attorney to be equivalent to the salary of a Judge of the Superior Court of the State of California with the salary change effective upon the start of the new term of the City Attorney; and WHEREAS, the terms of elected officials start on the first Tuesday of December of the year of the election; however, if the official results for the election are not certified by this day, the term starts upon taking the oath of office, which is given at the first scheduled City Council meeting following certification of the election results; and WHEREAS, on August 12, 2014, staff brought forward a resolution setting the annual salary for the elected City Attorney at$184,610 effective December 2, 2014 (the first Tuesday of December following the election),which was subsequently approved by the City Council; and WHEREAS, staff has since learned that the new term for City Attorney will begin on December 9, 2014, the first scheduled City Council meeting following certification of the election results. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the annual salary for the elected City Attorney is set at $184,610, effective December 9, 2014, the start of the new term of the City Attorney. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-12-16 Agenda Packet Page 123 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF THE DIRECTOR OF HUMAN RESOURCES POSITION TITLE; (2) CHANGE IN THE BARGAINING UNIT DESGINATION FOR THE SENIOR POLICE TECHNOLOGY SPECIALIST;(3) AMENDING THE AUTHORIZED POSITION COUNT IN THE HUMAN RESOURCES DEPARTMENT WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND (4) APPROPRIATING FUNDS THEREFOR(4/5 VOTE REQUIRED) WHEREAS, oversight of the daily operations of the Human Resources Department currently resides with the Assistant Director of Human Resources, with ultimate responsibility for the Department belonging to one of two Deputy City Managers; and WHEREAS, given the responsibilities of this Deputy City Manager and with the impending retirement of the Assistant Director of Human Resources effective April 3, 2015, the Human Resources Department will be re-organized to return full responsibility for the department to a Director of Human Resources; and WHEREAS, a Senior Human Resources Analyst will be converted to Principal Human Resources Analyst to allow for oversight of the Employment Services (Human Resources Operations) Division; and WHEREAS, the employee group and E Step salary for the Director of Human Resources will be as follows: Position Title Employee Bi-Weekly Group E-Step Salary Director of Human Resources EXEC $6,280.97 WHEREAS, this change will result in the addition of 1.0 Director of Human Resources and 1.0 Principal Human Resources Analyst positions and the removal of 1.0 Assistant Director of Human Resources and 1.0 Senior Human Resources Analyst positions in the fiscal year 2014- 15 authorized position count of the Human Resources Department; and WHEREAS, the Director of Human Resources position would be underfilled at the Assistant Director of Human Resources level until the incumbent's retirement on April 3, 2015. WHEREAS, the position changes in the Human Department will result in no net changes in authorized staffing for fiscal year 2015; and 2014-12-16 Agenda Packet Page 124 Resolution No. Page 2 WHEREAS, on November 18, 2014, the City Council approved amendments to the City's Compensation Schedule and Classification Plan that included the establishment of a Senior Police Technology Specialist in the Police Department; and WHEREAS, staff inadvertently noted the bargaining unit for Senior Police Technology Specialist position title as CVEA and after a review, it has been determined that the appropriate bargaining unit designation would be the Mid-Managers/Professional Association (MM/PROF) /SEIU Local 221 bargaining unit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule, Classification Plan, and the Fiscal Year 2014-15 Authorized Position Count to reflect the changes described above. BE IT FURTHER RESOLVED that the Senior Police Technology Specialist position title is placed into the Mid-Managers/Professional Association (MM/PROF) /SEIU Local 221 bargaining unit BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following budget amendments: • An appropriation of $59,813 to the Human Resources Department's Personnel Services expense category, and • A reduction of $59,813 to the Administration Department's Personnel Services expense category. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-12-16 Agenda Packet Page 125 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014-2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws; and WHEREAS, the most recent Fiscal Year 2014-2015 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of December 2, 2014; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the Compensation Schedule will be revised to: add the classification of Director of Human Resources; reflect the change in bargaining unit designation for Senior Police Technology Specialist from CVEA to the Mid Managers/Professional Association (MM/PROF)/SEIU Local 221; and reflect the elected City Attorney's salary effective December 9, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt the revised Fiscal Year 2014-2015 Compensation Schedule as required by California Code of Regulations, Title 2, Section 570.5. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Director of Human Resources City Attorney 2014-12-16 Agenda Packet Page 126 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0611, Item#: 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM APPROVE THE USE OF CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $261 ,556 FOR THE REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT; ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT PROJECT" (GG224); AND APPROPRIATING $261 ,556 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE GG224 PROJECT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City's Transit System has been operating from the Public Works Center (PWC) since 2002. Up to 2002, the City was the direct transit operator and starting in 2007 the San Diego Metropolitan Transit System (MTS) assumed operation of the transit system from the PWC under a City/MTS Memorandum of Understanding. The City maintains control of pre-consolidation, prior-year, Transportation Development Act (TDA) funds. These funds are available to the City for operational and capital transit projects and are held at the County of San Diego (COUNTY). This action authorizes the requisition of the TDA funds from the COUNTY and the appropriation of the funds to slurry seal and restripe the PWC/Transit yard. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project as defined under Section 15378 of the State CEQA Guidelines because the proposed action involves continuing administrative/ maintenance activities by the City of Chula Vista. Therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City's TDA funds were accrued when the City was a direct recipient of said funds and prior to the region consolidating the TDA funds in 2002 at the San Diego Association of Governments (SANDAL). Although the funds belong to the City, as the regional transit agency, MTS approves any transit related projects that use TDA funds. The MTS Board approves the projects and requests the funds from the COUNTY via SANDAL. Minus the funds already allocated and appropriated by City of Chula Vista Page 1 of 2 Printed on 12/11/2014 istarTM 2014-12-16 Agenda Packet powered by Leg age 127 File#: 14-0611, Item#: 8. Council, to date, the City has $261,556 available of unallocated TDA funds. Of the $261,556, $11 ,000 is currently in the City's Transit Capital Project Fund, so the remainder of the needed funds, $250,566, will be claimed from the COUNTY via MTS. Staff has identified the following project for the use of the requested unallocated TDA funds: After 12 years of use by the transit buses the PWC yard asphalt pavement needs to be repaired and slurry sealed to extend its useful life. After the slurry seal the pavement stripes and markings will need to be repainted as the existing paint will be covered over by the slurry. Funding/Cost Summary Funding TDA Funds $261 ,556 Project Cost Slurry Seal/Restriping $261 ,556 TDA Balance $0 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. 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. Sealing the yard pavement supports the following City Strategic Goals: Operational Excellence - Having a yard with an asphalt pavement in good repair promotes safe and efficient movement of personnel, materials and equipment within the PWC yard; Economic Vitality - This proactive action will reduce the wear of the asphalt pavement thus lessening future costs by extending the service life of the pavement. CURRENT YEAR FISCAL IMPACT No General Fund impact - Approval of this recommendation will result in an appropriation in the amount of$261 ,556 from the available balance of prior-year unallocated TDA funds to GG224. ONGOING FISCAL IMPACT Upon completion of the slurry seal project, the improvements will require only routine maintenance; the improvements are anticipated to increase the life of the PW/Transit yard asphalt. Staff Contact: Andy Trujillo, Transit Manager 619-397-6061 City of Chula Vista Page 2 of 2 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 128 RESOLUTION NO. RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF CHULA VISTA REQUESTING THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM APPROVE THE USE OF CITY OF CHULA VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT ARTICLE 4.0 FUNDS IN THE AMOUNT OF $261,556 FOR THE REHABILITATION OF THE PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT; ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "PUBLIC WORKS CENTER/TRANSIT YARD PAVEMENT PROJECT" (GG224); AND APPROPRIATING $261,556 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO THE GG224 (4/5 VOTE REQUIRED) WHEREAS, the City of Chula Vista's transit service has been operating from the John Lippit Public Works Center (PWC) since 2002; and WHEREAS, the PWC is in need of facility repairs, after twelve years of operating transit services; and WHEREAS, Public Works staff has recommended the use of City of Chula Vista unallocated prior-year Transportation Development Act (TDA) funds to undertake these repairs; and WHEREAS, staff has estimated the amount of $261,556 to complete the recommended repairs that include rehabilitating the PWC yard pavement; and WHEREAS, the City currently has approximately $261,556 in unallocated TDA fund that can be used for the above mentioned project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it requests that the San Diego Metropolitan Transit System approve the use of $261,556 in prior-year TDA funds for the rehabilitation of the Public Works Center/Transit Yard pavement and authorizes and directs the Director of Public Works to take all actions necessary to secure the funds for this purpose. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $261,556 to the Transit Capital Projects fund's CIP expense category for the newly established CIP "Public Works Center/Transit Yard Pavement Project" (GG224); this appropriation will be offset by prior-year TDA revenues. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 129 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0666, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015 BUDGET TO APPROPRIATE $21 ,881 OF UNSPENT SOLAR PHOTOVOLTAIC PROJECT (PHASE 2) FUNDS AND $3,124 OF UNANTICIPATED REVENUE FROM THE COOL CALIFORNIA CHALLENGE IN ORDER TO SUPPORT ADDITIONAL ENERGY EFFICIENCY AND SUSTAINABILITY PROJECTS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY To support implementation of various conservation initiatives, staff is requesting amendments to the 2015 budget. Staff is requesting that $21 ,881 total in unspent CIP project expenditures funds from the Solar Photovoltaic Project (Phase 2) be shifted to support an indoor LED lighting demonstration project. Staff is also requesting an appropriation of $3,124 in Cool California Challenge prize funding to support energy efficiency and sustainability programs in the community. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action(s) qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines because the energy savings resulting from the sustainability initiatives will contribute to reducing Chula Vista's greenhouse gas or "carbon" emissions, thus improving air quality. Therefore, no further CEQA environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Staff is requesting budget amendments in order to support implementation of various conservation initiatives. The first budget amendment would transfer $17,881 in unspent CIP project expenditure funds from the Solar Photovoltaic Project (Phase 2) to the Supplies & Services budget category within the Energy Conservation Fund. The second budget amendment would transfer an additional $4,000 in unspent funds from the Solar Photovoltaic Project (Phase 2) to the Other Expenses budget category within the Energy Conservation Fund. These funds would support an indoor LED lighting demonstration project at the Civic Library and the Public Works Corp Yard allowing the City to test the energy-saving technology's light quality and output. The third budget amendment would appropriate $3,124 in unanticipated revenue from the Cool California Challenge to the Public Works - Conservation Section's Supplies & Services budget. The City of Chula Vista Page 1 of 2 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 130 File#: 14-0666, Item#: 9. Cool California Challenge, sponsored by the California Air Resources Board and the University of California Berkeley, was designed to recognize communities for their sustainability accomplishments. Each community earned points when its residents and businesses signed-up through the Cool California web portal and successfully implemented sustainable practices such as reducing their energy use or using alternative commute options. The City of Chula Vista placed 5th in the statewide competition and, as a result, was awarded $3,124 in prize funding. The appropriated funds will support additional energy and sustainability initiatives in the community. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it solely concerns the repair, replacement or maintenance of existing streets, sewer, storm drainage or similar facilities and, as such, the financial effect of the decision on real property is presumed to be not material, pursuant to California Code of Regulations Title 2, sections 18704.2(b)(2). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code 87100, et seq.). Staff is not independently aware, and has not been informed by any 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 budget amendments will support the Healthy Community goal by helping staff implement energy and sustainability projects at municipal facilities and throughout the community. CURRENT YEAR FISCAL IMPACT The proposed budget amendments have no net fiscal impact to the General Fund or the Energy Conservation Fund; these one-time expenditures will be offset by one-time revenues. ONGOING FISCAL IMPACT The proposed budget amendments are a one-time activity, so there are no ongoing fiscal impacts associated with these budget amendments. ATTACHMENTS None Staff Contact: Brendan Reed City of Chula Vista Page 2 of 2 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 131 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2015 BUDGET TO (1) APPROPRIATE $21,881 OF UNSPENT SOLAR PHOTOVOLTAIC PROJECT (PHASE 2) FUNDS AND (2) APPROPRIATE $3,124 OF UNANTICIPATED REVENUE FROM THE COOL CALIFORNIA CHALLENGE IN ORDER TO SUPPORT ADDITIONAL ENERGY EFFICIENCY AND SUSTAINABILITY PROJECTS WHEREAS, City staff is requesting budget amendments in order to support implementation of various conservation initiatives; and WHEREAS, the first budget amendment would transfer $17,881 in unspent CIP project expenditure funds from the Solar Photovoltaic Project (Phase 2) to the Supplies & Services budget category; and WHEREAS, the second budget amendment would transfer an additional $4,000 in unspent funds from the Solar Photovoltaic Project (Phase 2) to the Other Expenses budget category within the Energy Conservation Fund; and WHEREAS, these funds would support an indoor LED lighting demonstration project at the Civic Library and the Public Works Corp Yard; and WHEREAS, the third budget amendment would appropriate $3,124 in unanticipated revenue from the Cool California Challenge to the Public Works — Conservation Section's Supplies & Services budget to support additional energy and sustainability initiatives in the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2015 budget by (1) appropriating $17,881 from the CIP Project Expenditures budget category to the Supplies & Services category within the Energy Conservation Fund, (2) appropriating $4,000 from the CIP Project Expenditures budget category to the Other Expenses category within the Energy Conservation Fund, and (3) appropriating $3,124 of Cool California Challenge prize funds to the Public Works' Supplies & Services budget category. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 132 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0681, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY APPROPRIATING $200,620 FROM THE AVAILABLE BALANCE OF THE TDIF FUND AND $2,001 ,840 OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS BASED ON UNANTICIPATED REVENUE TO CIP NO. STL-384 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY By Resolution No. 2014-185 (See Attachment 1"), on October 14, 2014, the City Council awarded 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 and authorized a total expenditure of $4,411 ,330 for the project. A total of $1 ,815,850 has been appropriated as part of the normal Capital Improvement Project (CIP) process. However, supplemental appropriations in the amount of $2,202,460 are now necessary to provide the additional funds required to complete the Phase I project. The proposed resolution, if approved, would appropriate $200,620 from the available balance of the Transportation Development Impact Fee (TDIF) funds and $2,001 ,840 of Highway Bridge Program (HBP) funds based on unanticipated revenue to CIP No. STL-384 in order to fully fund Phase I of this project. 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 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 City of Chula Vista Page 1 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 133 File#: 14-0681, Item#: 10. 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. Phase I of the project is primarily a utility relocation project that has been advertised and awarded. Phase 11 of the project is for 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. Project Funding Resolution No. 2014-185 approved a funding obligation for the Phase I project in the amount of $4,411 ,330 and the funding sources included HBP funds ($3,609,412), TDIF funds ($267,018), and a deposit from the City of San Diego for their requested betterment improvements ($534,900). The HBP reimburses 88.53% of the participating project costs and the remaining local share of 11 .47% will be provided by the City's TDIF. Based on these percentages, the HBP funding for the project requires a local share of $467,638 that is $200,620 more than the previously approved TDIF funding amount; therefore, additional TDIF funding in the stated amount is needed beyond the approved resolution amount in order to account for the City's HBP local share obligation. Additionally, an appropriation of $2,001 ,840 of HBP funds is needed to account for all of the HBP funds approved for the project and in accordance with the resolution. The tables below summarize the project funding for CIP No. STL-384: PROJECT COST FOR CIP No. STL-384 (PARTICIPATING & NON-PARTICIPATING COSTS) A. HBP (budgeted in STL-384) $1,607,572 B. HBP (additional appropriation for STL-384) $2,001,840 C. TDIF (budgeted in STL-384) $ 267,018 City of Chula Vista Page 2 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 134 File#: 14-0681, Item#: 10. D. TDIF (additional appropriation for STL-384) $ 200,620 TOTAL PARTICIPATING COSTS FOR CIP No. $4,077,050 E. Contribution from City of San Diego for Bettermen$ 534,900 TOTAL PROJECT COSTS (PARTICIPATING & $4,611,950 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The 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 for traffic and flood control for the residences and pedestrians, also creating appealing communities to live, work, and play. This project is included in the 2012 Regional Transportation Improvement Plan as CHV08. CURRENT YEAR FISCAL IMPACT Approval of the resolution will result in the appropriation of $259,360 from the TDIF fund; there is sufficient fund balance in this fund for this appropriation. Approval of the resolution will also result in the appropriation of $2,001 ,840 from the HBP Fund; resulting in no net fiscal impact as staff and construction costs will be reimbursed from the Federal HBP. 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 2014-185 Staff Contact: Greg Tscherch - Senior Civil Engineer (Department of Public Works - Engineering) City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 135 RESOLUTION NO. 2014-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS_: REJECTIINiG 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 AUTHORIZfN`G THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $356.388 WHEREAS. by Resolution No. 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 TechCom International. Corporation $3,486;000 $34.358.40* 53.520.358.40 (responsive) FMetro Builders g Engineers Group, Ltd- $2.859,310 $86.620* 52.945.930 (non-responsive) GRFCO, Inc. $3,595.000 530,000* 53.625,000 (non-res onsiVe) *Includes Additive Alternate Bid Item No`s. 1. 2 and 9 only. 2014-12-16 Agenda Packet Page 136 Resolution No. 2014-185 Page No. 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 2014-12-16 Agenda Packet Page 137 Resolution No. 2014-185 Page No. 3 WHEREAS. the following transfers and appropriations into CIP No. STL-384 are recommended to provide sufficient funds for costs associated with this project: • S534.900 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 Cite of Chula Vista does hereby accept bids, reject bids. appropriate $ 34.900 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 $ 8,740 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 Policv No. 574-01 and authorize the Director of Public Works to approve chance 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 o ins G1 n R. G ogins Director of Public Korks City ey 2014-12-16 Agenda Packet Page 138 Resolution No. 2014-185 Page No. 4 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista. California, this 14th day of October 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Ma or ATTEST. Dofina R. Norgo WiW iri, Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2014-185 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of October 2014. Executed this 14th day of October 2014. Donna R. Norris, CKIC, Cm,Clerk 2014-12-16 Agenda Packet Page 139 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014-2015 CIP BUDGET BY APPROPRIATING $200,620 FROM THE AVAILABLE BALANCE OF THE TDIF FUND AND $2,001 ,840 OF HIGHWAY BRIDGE PROGRAM (HBP) FUNDS BASED ON UNANTICIPATED REVENUE TO CIP NO. STL-384. WHEREAS, by Resolution No. 2014-185, on October 14, 2014, the City Council of the City of Chula Vista awarded 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 and authorized a total expenditure of$4,411,330 for the project; and WHEREAS, Resolution No. 2014-185 approved a funding obligation for the Phase I project in the amount of$4,411,330; and WHEREAS, the funding sources for said $4,411,330 expenditure included Highway Bridge Program (HBP) funds ($3,609,412), Transportation Development Impact Fee (TDIF) funds ($267,018), and a deposit from the City of San Diego for their requested betterment improvements ($534,900); and WHEREAS, the HBP reimburses 88.53% of the participating project costs and the remaining local share of 11.47%will be provided by the City of Chula Vista's TDIF; and WHEREAS, based on said percentages, the HBP funding for the project requires a local share of$467,638; and WHEREAS, said local contribution of $467,638 is $200,620 more than the $267,018 TDIF funding amount appropriated by Resolution No. 2014-185; and WHEREAS, the following transfers and appropriations into CIP No. STL-384 are recommended to provide sufficient funds and unanticipated revenue for costs associated with this proj ect: • $200,620 (rounded) from STL-261 (TDIF) • $2,001,840 of HBP funds for the project 2014-12-16 Agenda Packet Page 140 Resolution No. 2014- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the following appropriations to the CIP Projects expense category for CIP No. STL-384: • $200,620 in the Transportation DIF fund from available balance; and • $2,001,840 of HBP funds in the Other Transportation Programs fund based on unanticipated revenue. Presented by: Approved as to form by: Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 141 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0686, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,636.40 FROM THE OPEN SPACE DISTRICT 31 FUND FOR THE REPLACEMENT OF THE TOT LOT LOCATED ON SAINT CLAIRE DRIVE IN OPEN SPACE DISTRICT 31 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY Public Works is requesting an appropriation of $39,637 from Open Space District 31 reserves to replace the playground equipment and make repairs to the surrounding pavement. The existing playground equipment is 20 years old and in need of replacement due to safety concerns. Also, tree roots have lifted the concrete pathway and paving around the playground thereby creating potential tripping hazards to playground users and visitors. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project, replacement of playground equipment and repairs to the surrounding pavement, for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt per CEQA Section 15301 , Class 1, Existing Facilities. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On May 20, 2014, the Public Works Department closed the tot lot located on Saint Claire Drive in Open Space District 31 (OSD 31) because of several safety concerns regarding the playground equipment on the lot. Also, in several places, tree roots in the area have lifted the concrete paving around the playground equipment, thereby creating potential tripping hazards to users of the playground. Public Works hired Playground Safety Analysts (PSA Consulting) to audit the equipment and its surroundings to determine necessary repairs or possible replacement. The auditor's report indicated that the equipment had begun breaking down due to its age and recommended that the playground equipment be replaced. The tot lot has been in use since 1994. Public Works solicited estimates from various vendors for the replacement of the playground equipment and the repair of its surroundings. City of Chula Vista Page 1 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 142 File#: 14-0686, Item#: 11. Staff is requesting an appropriation from OSD 31 for the replacement of the playground equipment and the repair of its surroundings. Sufficient funds are available in OSD 31 reserves. Public Works solicited vendor estimates for the replacement of the playground equipment and the repair of its surroundings. The following estimates were received: VENDOR CONCRETE PLAYGROUND PLAYGROUND REFINISHING EQUIPMENT EQUIPMENT INSTALLATION Bonita Valley $5,984 Landscape Landsmith $9,708 Landscape Construction Co. Brickman $9,992 Coast Recreation $18,642.40 Zazueta $15,010.00 Construction Co. Play & Park $31,210.00 $19,235.00 Structures Bang Assoc., Inc. $25,726.00 $24,936.00 Staff reviewed each estimate and based on estimates from lowest responsible bidders determined the cost of replacing OSD 31 tot lot is $39,636.40. The cost is comprised of the following components: • Purchase of concrete refinishing from Bonita Valley Landscape: $5,984; • Purchase of playground equipment from Coast Recreation: $18,642.40; and • Purchase of playground equipment installation from Zazueta Construction Co.: $15,010. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong & Secure Neighborhoods and a Connected Community. This action supports the goal of a Healthy Community which includes maintaining community open space for public enjoyment. CURRENT YEAR FISCAL IMPACT City of Chula Vista Page 2 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 143 File#: 14-0686, Item#: 11. There is no impact to the General Fund from this action. The playground equipment replacement costs will be appropriated from the reserves of OSD 31. Approval of the resolution will result in the appropriation of $39,637 to the Supplies and Services expense category of the Open Space District 31 Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as sufficient funds are collected annually for the maintenance of OSD 31. Staff Contact: Sam Oludunfe City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 144 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $39,636.40 FROM THE OPEN SPACE DISTRICT 31 FUND FOR THE REPLACEMENT OF THE TOT LOT LOCATED ON SAINT CLAIRE DRIVE IN OPEN SPACE DISTRICT 31 (4/5 VOTE REQUIRED) WHEREAS the Public Works Department closed the tot lot located on Saint Claire Drive in Open Space District 31 (OSD 31) on May 20, 2014,because of several safety concerns regarding the playground equipment on the lot and the presence of potential tripping hazards because of lifted sections of the surrounding concrete paving; and WHEREAS Public Works hired Playground Safety Analysts (PSA Consulting) to audit the equipment and its surroundings to determine necessary repairs or possible replacement; and WHEREAS PSA Consulting auditor's report indicated that the equipment had begun breaking down due to its age (the tot lot has been in use since 1994) and recommended that the playground equipment be replaced; and WHEREAS Public Works solicited estimates from various vendors for the replacement of the playground equipment and the repair of its surroundings; and WHEREAS City staff received estimates from three vendors each for playground equipment procurement,playground equipment installation, and concrete refinishing respectively; and WHEREAS the following estimates were received: VENDOR CONCRETE PLAYGROUND PLAYGROUND REFINISHING EQUIPMENT EQUIPMENT INSTALLATION Bonita Valley $5,984 Landscape Landsmith Landscape $9,708 Construction Co. Brickman $9,992 Coast Recreation $18,642.40 Zazueta Construction $15,010.00 Co. Play & Park $31,210.00 $19,235.00 Structures Bang Assoc., Inc. $25,726.00 $24,936.00 2014-12-16 Agenda Packet Page 145 WHEREAS Staff reviewed each estimate and based on estimates from lowest responsible bidders determined the cost of replacing OSD 31 tot lot is $39,636.40. The cost is comprised of the following components: • Purchase of concrete refinishing from Bonita Valley Landscape: $5,984; • Purchase of playground equipment from Coast Recreation: $18,642.40; and • Purchase of playground equipment installation from Zazueta Construction Co.: $15,010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,that it does hereby accept the estimates and authorize the City Manager or his designee to execute the replacement of the playground equipment and repair the surrounding pavement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves an appropriation of$39,636.40 to the Supplies and Services expense category of the Open Space District 931 Fund. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 146 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0696, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AGREEMENT WITH THE COUNTY OF SAN DIEGO PROBATION DEPARTMENT FOR THE PROVISION OF WORK CREWS, AND AUTHORIZING THE PURCHASING AGENT TO APPROVE AND EXECUTE AMENDMENTS TO THE AGREEMENT UNTIL TERMINATED BY MUTUAL CONSENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego County Probation Department administers and operates work camps in eastern San Diego County. Work crews of 8 to 12 low security inmates, closely supervised by an Assistant Deputy Probation Officer, are available to government entities to perform labor intensive maintenance projects such as weed abatement, culvert cleaning, litter patrol, park maintenance, and brush abatement. Council approved Resolution 2008-194, on July 22, 2008 to contract work crews with the San Diego County Probation Department. Since that resolution, work crews have been utilized for labor in Open Space and Community Facility Districts, Streets, Wastewater and Parks sections of Public Works. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of a contract for probation crew services is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because it is only an approving of a funding mechanism; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The San Diego County Probation Department provides work crews at a cost below other private contract services utilized by the City. This value has enabled City staff to augment service delivery within sections of Public Works and Open Space Districts where budgets are restricted as well as areas requiring labor intensive brush and weed abatement. The Purchasing Agent would be given the authority to amend additional annual contracts with the County. Council approved Resolution 2008-194, on July 22, 2008 to contract work crews with the San Diego County Probation Department for a one year term and authorized the purchasing agent to approve and execute amendments to the agreement for five additional one-year periods. The agreement was amended October 12, 2010 for an administrative cost increase. The term of the 2008 agreement has expired. Staff recommends continuance of 2008 agreement until agreement is terminated by mutual consent. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in the California Code of Regulations section 187.2(a)(1), is not applicable to this City of Chula Vista Page 1 of 2 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 147 File#: 14-0696, Item#: 12. decision. Staff is not independently aware, and has not been informed by any Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Delivering services in a cost effective manner by collaborating with the County of San Diego Probation Department's Public Service Work Program supports the Operational Excellence goal and well maintained streets, bikeways, parks, and open space area supports the Healthy Community goal. CURRENT YEAR FISCAL IMPACT There is no additional fiscal impact to the General Fund or Special Tax Districts resulting from the approval of this resolution in that funds for this contract are already included in the fiscal year 2015 budget. ONGOING FISCAL IMPACT The contract cost will be included in the annual budgets for the General Fund and the special tax districts and will be considered by the City Council as part of the normal budget development process ATTACHMENTS 1. County of San Diego Agreements 2008 2. County of San Diego Agreements 2010 Staff Contact: Silvia Cosio, Senior Management Analyst. City of Chula Vista Page 2 of 2 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 148 AGREEMENT BETWEEN Cite of Chula.Vista, Public Works Department(Open Space) AND COUNTY OF SAN DIEGO PROBATION DEPARTMENT This agreement, is made and entered into this I4th day of May, 2008, by and between. City of Chula Vista, Public Works Department(Open Splice) ;hereinafter referred to as CVPW-OS Lind the County Of San Diego Probation Department,hereinafter referred to as"COUNTY". Whereas,the COUNTY is authorized to require innlateshvards, and Public Service Vtforkers to perform work under sections 1203.1,4017, and 4024.2 of the Penal Code, Sections 25359 and 36904 of the Government Code, and Sections 730-73)1,731,5. and 883 of the Welfare and Institutions Code;and Whereas,CVPW-OS has responsibility for the operation of CV)1W-OS owned and leased facilities; and desires to contract with the COUNTY Ibr the supplying of certain services. 'i A. RESPONSIBILITIES OF"rac, COUNTY: 1. Upon request of CVPW-OS,and at times that are mutually agreeable to both parties, the COUNTY shall supply the hereinafter described work crews to perform work- for CVPW-OS. 2_ COUNTY shall provide labor from the Probation Department's Public Service Program. Probation Department staff'sball be responsible for the-- actual and direct supervision and security of public service workers in carrying out the work instructions. 3, In providing such work crews,COUNTY shall provide and be responsible far the following: a. Provide the proper number of staff to accompany and supervise l the work crew. b. I-lave 1bll responsibility for the custody and supervision ofthe work crew. c. Provide necessary transportation. 4. COUNTY shall invoice CVPW-OS on a monthly basis for any reimbursement due under the teens of this agreement. i 2014-12-16 Agenda Packet Page 149 I 1 B. RESPONSIBILITIES OF'rim City of Chute► Vista, Public Works Department(Opel) Space): 1. CVPW-OS will notify COUNTY at least two weeks in advance when ivork crews are needed,and COUNTY will schedule work crews on an as available basis. 2. All work to be performed will be of such nature as to not supplant work performed lay regular employees of the CVPW-OS. 3. CVPW-OS agrees to rciinburse COONTY for administrative costs incurred in the amount of up to$414.00 a day for each full crew. A full crew is defined as 8 or more persons for a minimum of 5 hours including travel time. The payment-to the COUNTY shall be made upon receipt of each monthly invoice. 4. CVPW-OS shall provide a lead person to designate wort: sites, give directions as to work performance and provide assistance and entry to the gnotmds, where necessary; Ear the work crew, and crew supervisors. C. DEFENSE and INDEMNITY: 1. Claims Arising from Sole Acts or Omission of County The County hereby agrees to defend and indemnify the CVPW-OS, its agents,officers and employees(hereinafter collectively referred to in this paragraph No. 3 as `CVPW-OS'), from any claim, action or proceedings against CVPW-OS, arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, CVIIIV-OS may participate at its own expense in the defense ofany claim,action or proceedings, but such participation shall not relieve County ofany obligation imposed by this Agreement. CVPW-OS shall notify County promptly of any claim,action or proceedings and cooperate Fully in the defense. 2. Claims Arising From Sole Acts or Omissions of City of Chula Vista, Public Works Department(Open Space) The CVPW-OS hereby agrees to defend and indemnify the County of San Diego Probation Department,its agents, officers and employees,(hereafter collectively referred to in this paragraph No. 2 as `County') from any claim,action or proceedings against County, arising solely out of the acts or omissions of CVPW-OS in the performance of this Agreement. At its 2014-12-16 Agenda Packet Page 150 ..... i sole discretion,County may participate at its own expense in the defense of'any such claim,action or proceeding,but such participation shall not relieve CVPW-OS of any obligation imposed by this Agreement. County shall notify CVPW-OS promptly of any clainl, action or proceeding and cooperate fully in the defense. 3. Claims Arising Frotn Concurrent Acts or Omissions County hereby agrees to defend itself, and CVPW-OS hereby agrees to defend itself, from any claim, action or proceedings arising out ol'the ` concurrent acts or omissions of County and CVI'Mf-OS. In such cases. County and CVt'W-OS agree to retain their own legal counsel, bear their own defense costs,and waive their right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where County and CVPW- OS agree in writing to a joint defense counsel to defend the claim,action or proceeding arising out of the concurrent acts or omission of CVPW-OS and County. Joint defense counsel shall be selected by mutual agreement of'County and CVPW-OS, County and CVI''W-OS agree to share the costs of'such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. County and CVPW-OS further agree that neither party may bind the other to a settlement agreement without the written consent of'both County and CVPW-OS. S. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the patties,County and CVPW-OS may seek reimbursement and/or reallocation of defense costs, settlement payn-ients, judgments and awards, consistent with such comparative fault. D. TERM: This agreement shall become effective on or after the date entered above, and shall remain in effect until amended by mutual consent ofthe parties hereto or terminated by either ofthe parties by giving fitteen(15)Clays notice in writing_ i 2014-12-16 Agenda Packet Page 151 -. <..: f In witness whereof,the duty authorized officials of the parties hereunto have; in their representative capacities, set their hands tis of the.date hereinabove written. COUNTY OF SAN DIl?GO City of Chula Vista PROBATION DEPARTMENT Public Works Department(Open Space) 9444 BALBOA AVENUE PO Box 1087 SAN DIEGO. CA 9212') Chula Vista, CA 91912 f 4 r. By: � By MACK J ,NKI C1.1ciny' CO Chief'Probation O flieer Mayor o Chula Vista Date: [date: 2014-12-16 Agenda Packet Page 152 .... :.. .....:: r. AGREEMENT BETWEEN City of Chula Vista,Parks&Recreation Department(Open Space) AND i COUNTY OF SAN DIEGO PROBATION DEPARTMENT th day of DG h 2010, i This agreement,is made and entered into this y ' by and between,City of Chula Vista,Parks,&Recreation Department(Open Space) , hereinafter referred to as gq and the County Of San Diego Probation Department, hereinafter referred to as"COUNTY". Whereas,the COUNTY is authorized to require inmates/wards,and Public Service Workers to perform work under sections 12011,4017, and 4024.2 of the Penal Code,Sections 25359 and 369044 of the Government Cade, and Sections 730,731,731.5, and 883 of the Welfare and Institutions Code;and Whereas,City has responsibility for the operation of owned and Ieased facilities, and desires to contract with the COUNTY for the supplying of certain services. A. RESPONSIBILITITES OF THM COUNTY'- 1. Upon request of City,and at times that are mutually agreeable to both parties,the COUNTY shall supply the hereinafter described work crows . to pexfotm work for City. 2, COUNTY shall provide labor from the Probation Department's Public Service Program. Probation Department staff shall be responsible for the actual and direct supervision and security of public service workers in carrying out the work instructions. 3. in providing such work crews, COUNT'shalt provide and be responsible for the following: a. Provide the proper number of staff to accompany and supervise the work crew. b. Have full responsibility for the custody and supervision of the work crew. c_ Provide necessary transportation. 4. COUNTY shall invoice Ci ,on a monthly basis for any reimbursement due under the terms of this agreement. 2014-12-16 Agenda Packet Page 153 B. RESPONSZBXLII iTES OF TUE City of Chula Vista, Parks& Recreation Department(Open S ace : i 1. City will notify COUNTY at least two weeps in advance when work crews are weeded,and COUNTY will schedule work crews on an as available basis. 2. All work to be performed will be of such nature as to not supplant work performed by regular employees of the Cam. 3, C.�agrees to reimburse COUNTY for administrative costs incurred in the amount of up to$630.00 a day for each full crew. A.full crew is i defined as 8 or more persons for a minimum of 5 hours including travel ! time. The payment to the COUNTY shall be made upon,receipt of each morithly invoice. 4. C shall provide a lead person to designate work sites,give directions as to work performance and provide assistance and entry to the grounds, where necessary,for the work crew,and crew supervisors. ' C. DEFENSE and INDEMNITY: 1. Claims Arising From Sole Acts or Omission of C-OUNTY The COUNTY hereby agrees to defend and indemnify the CRL its + agents, officers and employees (hereinafter collectively referred to in this paragraph No, 3 as `City'),from any claim,action or proceedings against Cam,arising solely out of the acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, C may participate at its own expense in the defense of any claim, action or proceedings,but such participation shall not relieve COUNTS'of any obligation imposed by this Agreement, City shall notify COUNTY promptly of any claim,action or proceedings and cooperate fully in.the defense. 2, Claims Arising From Sole Acts or Omissions of City of Chula Vista, Parks&Reereativn De artment O en 5 ace 1 The City Hereby agrees to defend and indemnify the County of San Diego Probation Department,its agents,officers and employees,(hereaftcr collectively referred to in this paragraph No.2 as 'COUNTY')from any claim, action or proceedings against County,arising solely out of the acts or omissions of_00 in the performance of this Agreement. At its sale 2014-12-16 Agenda Packet Page 154 i L I discretion,COUNTY may paltic,Pate at its owl,expense in the defense of any such claim,actioaa or proceeding, but such participation shall not of ny obligation imposed by this Agreement- relieve COCrl�1 I Y I zotify 9:1!Y-pzomptly of any claim,action ar proceeding and shall coopezate fully in the defensc_ f 3. Claims Arising From Concurrent Acts or Omissions County hereby agrees to defend itself,and C hereby agrees to defend itself,from.any claim,action or proceedings arising out of the concurrent U Y and 0-W.- In such cases,COUNTY and N'T of C(7 s II acts or omissions bear their own defense costs, city agree to retain their own legal counsel, and waive their right to seek-reimbursement of such costs,except as provided in paragraph 5 below. 4. Joint Defense ara a kt 3 above,in cases where COUNTY and C� Notwithstanding p gr p agree in writing to a joint defense counsel to defend the claim,action or proceeding arising out of the concurrent acts or omission of C� o f aad roc g b mutual agreement P County. joint defense counsel shall be selebt ee to share the costs of such COUNTY and CCU.COUNTY and CC agr joint defense and any agreed settlement in equal amounts,except as provided in paragraph 5 below. COUNTY and C pr wtthout the et ; neither par°may bind the other to a settlement agr ; written consent of both Cam and City. S. l ein�bursement and/or Reallocation e the in s Where atrial verdict nr arbitration COUNT` land Chi n►aY 5 lc comparative fault of the patties, reimbursement and/or reallocation of defense h comparative settlement fault.paytuents, judgments and awards,consistent with p, TBI: This agreement shall become effective otxrafteo date of the parties hereto or shall remain in effect until amended by mutual fifteen(15) days notice in ; terminated by either of the parties by giving writing. I i 2014-12-16 Agenda Packet Page 155 i I I i In witness whereof,the duty authorized officials o the p arlies hereunto}cave,in their I rep reseotativa capacities, set their hands as of the date hereinabove written. City of Chula Vista,Parks&Recreation COUNTY OF SAN DIEGO Department(Open Space) , F ,OBATION,DEPARTI`'�ENT PO Box 1087 9444$ALSO CA 92123 Chula Vista,CA 91912 SAN DIEGO, i By: Y 1y. C x'i,C© MAC .JE Wyox of Chula Vista I eer Chief Pxobatia O . r �� Date: Date: C f�u 2014-12-16 Agenda Packet Page 156 AGREEMENT NT a BETWEEN City of Chula Vista Public Worts-Street Maintenance AND COUNT'S,' OF SAN DIEGO PROBATION DEPARTMENT This agreement,is made and entered into this o2/S-/-eh day of... ee� J' o,, .-,010, ' I by and between, City of Chula Vista Public Works-Street Maintenance,hereinafter referred to as CV-PWSW and the County Of San Diego Probation Department, hereinafter referred to as"COUNTY". Whereas,the COUNTY is authorized to require inmates/wards,and Public Service Workers to perform work under sections 1203.1,4017, and 4024.2 of the Penal Code, Sections 25359 and 35504 of the Government Code, and Sections 730,731,731.5, and 883 of flit Welfare and Institutions Code;and Whereas,CV- WSW has responsibility for the operation of owned and leased facilities, and desires to contract with the COUNTY for the supplying of certain services. E A, RESPONMILITITES OF THE COUNTY: 1. Upon request of CV-PWSW, and at times that are mutually agreeable to ' both parties,the COUNTY shall supply the hereinafter described work f crews to perform work for CV-PWSW. 2. COUNTY shall provide labor from the Probation Department's Public Service Program. Probation Department staff shall be responsible for the actual and direct supervision and security of public service workers in carrying;out the work instructions, 3. Ira providing such work crews, COUNTY shall provide and be responsible for the following: a, Provide the proper number of staff to accompany and supervise the work crew. E b. Have full responsibility for the custody and supervision of the work crew, c. Provide necessary transportation. 4. COUNTY shall invoice CV-PWSW on a monthly basis for any reimbursement due under the terms of this agreement. � E 2014-12-16 Agenda Packet Page 157 B. RESPONSISILITITES OF THE City of Chula Vista Public or - Street Maintenance: 1, _CV-PWSW will notify COUNTY at least two weeks in advance when work crews are needed,and COUNTY will schedule work crews on an as available basis, i I All work to be performed will be of such nature as to not supplant work perforated by regular employees of the CV-PWSW. 3, CV-PWSW agrees to reimburse COUNTY for administrative costs incurred in the amount of up to $630.00 a day for each full crew, A full crew.is defined as 8 or more persons for a minimum of 5 hours including travel time. The payment to the COUNTY shall be made upon receipt of each monthly invoice. 4. CV-lpWSW shall provide a lead person to designate work•sites,give directions as to work performance and provide assistance and entry to the grounds,where necessary, for the work crew, and crew supervisors. I C. DEFENSE and INDEMNITY: 1. Claims Arising From Sole Acts or Omission of County The County hereby agrees to defend and indemnify the CV-PWSW,its agents,officers and employees(hereinafter collectively referred to in this paragraph No. 3 as CV-PWSW%from any claim, action or proceedings against CV-PWSW'arising solely out of the acts or omissions of County in the performance of this Agreement. At its sole discretion, CVPWSW may participate at its own expense in the defense of any claim,action or proceedings, but such participation shall not relieve County of any obligation imposed by this Agreement. CV-PWSW shall notify County promptly of any claim,action or proceedings and cooperate fully in the defense. 2. Claims Arising From Sole Acts or Omissions of Gly of Chula Vista Public Works-Street Maintenance The CV-P hereby agrees to defend and indemnify the County of San.Diego Probation Department,its agents, officers and employees, (hereafter collectively referred to in this paragraph No.2 as `County') from any claim,action or proceedings against County, arising solely out of the acts or omissions of CV-PWSW in the performance of this i 2014-12-16 Agenda Packet Page 158 - _____ Agreement. At its sole discretion,County play participate at its own d expense in the deferise of any such claim,action or proceeding,but such participation shall not xelieve CVO of any obligation imposed by this Agreement. County shall notify CVCV�-.-WSIW promptly of any claim, action or proceeding and cooperate fully vi the defense. i Axisin From Concurrent Acts or Omissions 3. Claims g agrees to defend itself, and CV�R'hereby agrees to j County hereby Proceedings arisen out of the defend itself,from ally issions of County and CVO W. �such Gases, concurrent'acts or ort County and CV-PWSSV agree to retain their own legal counsel,bear their own dufensd costs, and waive their right to seek reimbursement or such costs,except as provided in paragraph 5 below. 4. Joint Defense Notwithstandin g paragraph 3 above,in cases where County and CV� PW agree in writing to a J oii1t defense counsel to defend the claim, action or proceeding arising out of the concurrent acts ox omission of CS- g SW and County. Joint defense counsel shall be selected sW agreel to agreement of County and CV-Pi's ', Cou�aty i share the costs of such joint defense and any agreed County antd in CVual amounts,except as provided in paragraph 5 below. y [ p SSW-further agree that neither party may bind the other to a setClerne�at agreement without the written consent of both County and CV-PS. I i 5. Reimbursement and/or Realloeation ' Where a trial verdict or arbitration away drIC� Vedetermines ve comparative fault of the parties,County CV-� SW reimbursement attdlor reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. D, TERM: This agreement shall become effective°nutual comsen ofthe p rdeshereto or shall remain in effect until amended by vin fifteen(15)days notice in � terminated-by either of the parties by gi g -writing. t 2014-12-16 Agenda Packet Page 159 4 In wittless whereof,the duty authorized officials of the parties hereunto have,in their represezitative capacities, set their hands as of the date hereivabove Written. i COUNTY OF SAN DIEGO City of Chula Vista Public Works-Street PROBATION DEPARTMENT Maintenance 9444 BALBOA AVENUE PO Box 1087 SAN DIEGO, CA 92123 Chula Vista, CA 91912 By: MACK SUZI B OKS Chief Probation cer Sr Procurement Specialist Date: Date: 2014-12-16 Agenda Packet Page 160 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AGREEMENT WITH THE COUNTY OF SAN DIEGO PROBATION DEPARTMENT FOR THE PROVISION OF WORK CREWS AND AUTHORIZING THE PURCHASING AGENT TO APPROVE AND EXECUTE AMENDMENTS TO THE AGREEMENT UNTIL TERMINATED BY MUTUAL CONSENT. WHEREAS, the San Diego County Probation Department administers and operates work camps in eastern San Diego Count; and WHEREAS, work crews of eight to twelve low security inmates, closely supervised by an Assistant Deputy Probation Officer, are available to government entities to perform labor intensive maintenance projects such as weed abatement, culvert cleaning, litter patrol, park maintenance and brush and weed abatement; and WHEREAS, on July 22, 2008, the City Council approved an agreement with the San Diego County Probation Department for the City's use of these work crews until May 30, 2009 and authorized the Purchasing Agent to approve and execute amendments to the Agreement extending the term for an additional five one-year periods pursuant to Resolution number 2008- 194; and WHEREAS, since that action work crews have been utilized for labor in Open Space and Community Facility Districts, Streets,Wastewater and Parks section of Public Works; and WHEREAS, the term of the 2008 Agreement expired on May 30, 2014 and staff recommends continuance of the 2008 agreement until agreement is terminated by mutual consent and the Purchasing Agent be authorized to amend additional annual contracts with the County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista approves the continuance of the 2008 Agreement with the County of San Diego Probation Department for the provision of work crews and authorizes the Purchasing Agent to execute amendments to the Agreement until terminated by mutual consent. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 161 2014-12-16 Agenda Packet Page 162 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Gle .. - . Googins City Attorney Dated: /z, z�/�( WORK CREW AGREEMENT BETWEEN CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT OPEN SPACE AND COUNTY OF SAN DIEGO PROBATION DEPARTMENT 2014-12-16 Agenda Packet Page 163 WORK CREW AGREEMENT BETWEEN CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT — OPEN SPACE AND COUNTY OF SAN DIEGO PROBATION DEPARTMENT This Work Crew Agreement ("Agreement"), effective January 1, 2015, is between City of Chula Vista Public Works — Open Space (CVPW-OS), and the County Of San Diego by and through its Probation Department ("COUNTY"). RECITALS 1. Pursuant to California Penal Code sections 1203.1, 4017, 4024.2, Government Code sections 25359 and 36904, Welfare and Institutions Code sections 730,731,731.5, and 883, County of San Diego Administrative Code section 363(c) and other authorities, the County is authorized to provide and charge for Public Service Work Program work crews. 2. CVPW-OS is a department of the City of Chula Vista, California. 3. CVPW-OS has responsibility for the operation of owned and leased facilities, and desires to contract with the COUNTY for the supplying of certain services. AGREEMENT A. Responsibilities of the COUNTY 1. Upon request of CVPW-OS, and at times that are mutually agreeable to both parties, the COUNTY shall supply the hereinafter described work crews to perform work for CVPW-OS. 2. COUNTY shall provide labor from the Probation Department's Public Service Program. Probation Department staff shall be responsible for the actual and direct supervision and security of public service workers in carrying out the work instructions. 3. In providing such work crews, COUNTY shall provide and be responsible for the following: a. Provide the proper number of staff to accompany and supervise the work crew. b. Have full responsibility for the custody and supervision of the work crew. 2014-12-16 Agenda Packet Page 164 c. Provide necessary transportation. 4. COUNTY shall invoice CVPW-OS on a monthly basis for any reimbursement due under the terms of this agreement. B. Responsibilities of Chula Vista Public Works Department— Open Space. 1. CVPW-OS will notify COUNTY at least two weeks in advance when work crews are needed, and COUNTY will schedule work crews on an as available basis. 2. All work to be performed will be of such nature as to not supplant work performed by regular employees of the CVPW-OS. 3. CVPW-OS agrees to reimburse COUNTY for administrative costs incurred in the amount of up to 5689.00 a day for each full crew. A full crew is defined as 8 or more persons for a minimum of 5 hours including travel time. The payment to the COUNTY shall be made upon receipt of each monthly invoice. 4. CVPW-OS shall provide a lead person to designate work sites, give directions as to work performance and provide assistance and entry to the grounds, where necessary, for the work crew, and crew supervisors. C. Defense and Indemnity 1. Claims Arising From Sole Acts or Omission of COUNTY The COUNTY hereby agrees to defend and indemnify the CVPW- OS, its agents, officers and employees, from any claim, action or proceedings against CVPW-OS, arising solely out of the acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, CVPW-OS may participate at its own expense in the defense of any claim, action or proceedings, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. CVPW-OS shall notify COUNTY promptly of any claim, action or proceedings and cooperate fully in the defense. 2. Claims Arising From Sale Acts or Omissions of CVPW-OS 2014-12-16 Agenda Packet Page 165 The CVPW-OS hereby agrees to defend and indemnify the County of San Diego, its Probation Department, its agents, officers and employees, from any claim, action or proceedings against County, arising solely out of the acts or omissions of CVPW-OS in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve CVPW-OS of any obligation imposed by this Agreement. COUNTY shall notify CVPW-OS promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims Arising From Concurrent Acts or Omissions County hereby agrees to defend itself, and CVPW-OS hereby agrees to defend itself, from any claim, action or proceedings arising out of the concurrent acts or omissions of COUNTY and CVPW-OS. In such cases, COUNTY and CVPW-OS agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where COUNTY and CVPW-OS agree in writing to a joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omission of CVPW-OS and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and CVPW-OS. COUNTY and CVPW-OS agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. COUNTY and CVPW-OS further agree that neither party may bind the other to a settlement agreement without the written consent of both COUNTY and CVPW-OS. 5. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, COUNTY and CVPW-OS may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 2014-12-16 Agenda Packet Page 166 D. Term This agreement shall become effective on or after the date entered above, and shall remain in effect until amended by mutual consent of the parties hereto or terminated by either of the parties by giving fifteen (15) days notice in writing. E. Entire Agreement This Agreement represents the full and entire agreement and understanding of the parties regarding the subject matter covered herein and supersedes any prior written or oral agreements that may have existed regarding the subject matter covered herein. In witness whereof, the duty authorized officials of the parties hereunto have, in their representative capacities, set their hands as of the date hereinabove written. COUNTY OF SAN DIEGO City of Chula Vista Public Works PROBATION DEPARTMENT Department — Open Space 9444 BALBOA AVENUE PO Box 1087 SAN DIEGO, CA 92123 Chula Vista, CA 91912 By: By: • rat (/MACK J INS MARY SALAS hief Pt/11ation Officer Mayor Date: Date: 2014-12-16 Agenda Packet Page 167 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0700, Item#: 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES TO CANNON PACIFIC SERVICES, INC. TO INCREASE THE COST OF SWEEPING CITY PARKING LOTS RECOMMENDED ACTION Council adopt the resolution. SUMMARY On November 15, 2011 , the City of Chula Vista awarded a contract for citywide street sweeping services to Cannon Pacific Services, Inc.. Currently, City parking lots are swept at the cost of $5.96 per month. Cannon Pacific Services, Inc. is seeking approval to increase the respective cost to $587.36 per month. The adjusted monthly fee corrects a numerical error by the contractor which was honored during the initial three years of the contract. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity, approval of a contract for street sweeping services is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because it is only an approving of a funding mechanism; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION On November 15, 2011, by Council Resolution 2011-218, the City of Chula Vista accepted bids and awarded a five year contract for citywide street sweeping services to Cannon Pacific Services, Inc. and authorized the purchasing agent to renew the agreement for two (2) additional two-year option periods in accordance with the terms and conditions of the request for bid 1-11/12. Prices were to be firm for the first two years of the agreement. Adjustments for the third through fifth year and the two (2) two-year options to renew would be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, up to a maximum of 6% per year. Cannon Pacific Services, Inc. is requesting a 1.7% CPI unit price increase and an amendment to the agreement which would allow for an increase to the monthly cost of sweeping City parking lots. At the time, Cannon Pacific Services would have been the lowest bid even with the correct monthly rate. The third year of the contract concluded on November 15, 2014. Currently, City parking lots are City of Chula Vista Page 1 of 3 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 168 File#: 14-0700, Item#: 13. swept for a total cost of $5.96 per month. Cannon Pacific Services, Inc. is seeking approval to increase the respective cost for a total of $587.36 per month. The request is based on figures in which they intended to bid at the time of the original Request for Bid (RFB). Page 35 of the original RFB demonstrates figures of 1 ,174,734 square feet of City parking lots to be swept once per two months for a total square footage of 7,048,404 per year. Figures on the original bid form demonstrate that Cannon Pacific Services, Inc. bid at a rate of $0.00001 per square foot reflecting a cost of $70.48 per year. Cannon Pacific Services, Inc. intent, however, was to bid on sweeping the City parking lots once per two months at the rate of $0.001 per square foot, reflecting a cost of $7,048.40 per year. The adjusted monthly fee reflects a cost of $587.36. Cannon Pacific Services, Inc. admits their numerical error and honored the agreement for a total of three years. As part of City staff's ongoing discussions with Cannon Pacific, Inc. about their operations in Chula Vista, the company has agreed to upgrade its local fleet over the next 3 months in order to utilize recycled water (i.e. water from purple pipes) for street cleanings in designated areas citywide. Their efforts will contribute to the City's broader response to ongoing drought conditions in California by helping reduce local demand for imported water. In addition to being considered a drought-resistant water source, recycled water has a lower "carbon footprint" than imported water because it takes less energy to treat and distribute. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Controlling pollution at its source has and continues to be a primary objective of the City of Chula Vista and the Clean Water Act. Street sweeping is a "Best Management Practice" for storm water control. Street sweeping removes important amounts of pollutants from City streets. Street sweepers support the City's Healthy Community goal by removing debris and pollution that otherwise would be whisked into the air by passing vehicles or flushed into storm water drains by rainfall and other means. Other purposes of street sweeping includes; improve or maintain the appearance of streets and neighborhoods; assists with the improvement of property values; removes debris from streets to prevent accidents; and reduces the likelihood of disease and vector problems. CURRENT YEAR FISCAL IMPACT The current street sweeping monthly rate is $11 ,211 .25. Approval of Cannon Pacific Services, Inc. requests increases the monthly costs street sweeping costs by $770.22, new monthly rate of $11,981 .47 for a total annual cost of $143,777.64. Sufficient funds are budgeted in the Public Works budget. ONGOING FISCAL IMPACT Subsequent fiscal years will be approved through the annual budget process. ATTACHMENTS 1 . Cannon Pacific Services, Inc. RFB City of Chula Vista Page 2 of 3 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 169 File#: 14-0700, Item#: 13. 2. Cannon Pacific Services, Inc. street sweeping contract Staff Contact: Tim Ripley, Public Works Manager/ Street Division City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 170 I Eli CANNON PACIFIC ,. CANNON PACIFIC SERVICES, INC. Presents A PROPOSAL FOR STREET SWEEPING SERVICES Exclusively For The City of Chula Vista, CA L %\"w,P,,cinr � eee�µtxr p� on 600-4 ca 526272 DUE DATE: August 23, 2011 Confidential and Proprietary Page 1 of 23 `"N'"'"V""'" Printed on Recycled Paper 2014-12-16 Agenda Packet Page 171 BiD NOt RE 1-11112 Page 29 city or CHULA VISTA The City of Chula"vista Disclosure Statement You are required to file a Statement of Disclosure of crrtam ownership or financial interests, vayments, or campaign cotitnhutions,on all matters,which will require discretionary action on the part of the CityCotrttcil.PianningCommission,and ail other official bodies. Zlie following information must be disclosed• i. list the names of all persons having a financiai interest in the property that is subject to the application or contract (e.g.,owner,applicant.contractor,subcontractor,material supplier). None 2. If any person identified pursuant to (1)above is a corporation or partnership, list the names of all individuals owning more than 10%of the shares in the corporation Or owning any partnership interest in the partnership. NIA ?, If any person identified pursuant:o(1)above is non-profit organiization or a mist, h.t the names of anv person serving as director of the non-profit organization or as a trustee or beneficiary of the trust. NIA d. Have you had more than 52,50 worth of business transacted with any member of the City staff,Cioards.Commissions, Committees,and Council within the last 12 months? I'es_No_Xif yes,please indicate person(s): 5. Piease identify each and every person,incl uding any agents.enrplovices,consultants.or independent cont-actors who you have assigned to represent you before the City. None 6. Fitwc you and;or your officers or agents,in the aggregate.contributed more than 51,000 DD to a Council member an the current or preceding election period?Yes_NoX If yes,state which Council meniher(s). `*(Note:Attach additional pages as nccessaryl*** Lee-M eE CwnoaPactfic Svcs.-08/22/11 Si ti c o C;ont,acto: Print or Type.Name of Contactor Dai.r. 2014-12-16 Agenda Packet Page 172 BID NO.RFB 1-11112 11agc 34 \ltlj � s�1rr UN OF CHULA VISTA BID FORsNI THE UNDERSIGN LU 1-IEREBY OFFERS.SUB.1FC.:T TO ALL SPECTFiCATIONS.TERMS AN-D CONDITIONS, AMA GF.NL•RAL PROVISIONS HFRFIN. TO FURNISH THE CITY OF CHIJLA VISTA THE FOLLOWING: The rates bid below shall be firm for the first two years only. Rates for subsequent years shall be adjusted according to the bid specifications and agreement. 'T11e City reserves the right to award a sweeping contract For all or any parts of the areas listed below as deemed to lie in the best interest of the City. Note: New streets and part-ing lots addo;d by the City during the life ofthis agreement shall be swept at the applicable unit price and frequency bid herein. 1) Class A-Streets swept once per two rtronths. Rate per Cnrb Mile Annual Cost Annual Curb Miles (in figrures) I st Year Lin figure,) 656.36 x h= 3938.16 S 16.38 per Curb Mile 64,507.06 _/Year RateperCurh Mile(inwords): Sixteen dollars and thirty-eight_cents. -- -- 2) Class B-Streets swept once per two weeks. Rate per Curb Mile Annual Cost Annual Curb Miles (in figures) Ist Year in figures) 121.11 x 26=3,148.86 $ 16.38-__per Curb Mile S 51,578.33 /Year Rate per Curb Mile(in words):_Sixteen dollars and thirty-eight cents._ 3) Class C-Streets swept once per two weeks. Rate per Curb Mile Annual Cost Annual Curb Miles (in figures) I st Year 1 in figure,) 10.5 x 26=273• $ 12.00 per Curb Mile S 3,276.00 /Year RateperCurb Mile(in words): Twelve dollars and forty-five cents 2014-12-16 Agenda Packet Page 173 BI 1) NO. RFB I-11112 Page 35 CfTlf Or Chit JLA'bi57A 4) Class D- Center Islands and Medians swept once per two months Rate per Curh MiIC Annual Cost .Annual Curh Miles in R*uresl 1st Ye7r in fi*tires) 74.57 x 6—477.42 S 16.38_ per Curb Mile S 7,328.74 _ 'Year `ERROR,should be =447.42 T—Ute per Curb Mile(in words): Sixteen dollars and thirty-eight cents: 5) Class E-Centerlines swept once per two months Rate per Pass Milc Annual Cost Annual Pas Miles din figures) l-t Year.L1n.ti arcs) 45.9 x 6-275.40 $ 12.00 per Pass Mile 3,304.80 !Year Rate per Pass?•lilt(in words): Twelve dollars. 6) Class F-Nun-Curbed Streets swept once per two months Rate per Curb Mile: Annual Cost Annual Curb Wiles in ti ures Ist Year(Ln iiguics) 19.4 06 116.40 S_12.00 per Curb M11c S 1,396.80 _/Year Ratc per Curb Mile(in words): _ Twelve dollars. 7) Class G - Parking Lots swept once per two months Rate per Square Feet Annual Cost Annual F41q;n e Feet (in f res) I st Year in figiti es I,174.734 x6=7.04£,404 S •0001 per sgft 5_7,048.40 /Year Rate per sdti.(in words). One one-hundred thousandth of a cent. ANNU=AL GPiVND TOTAL(in figures) for CLASS A-G S 138,440.13 Positive Economic Impacts associated with our proposal*: Estimated annual revenue to City Waste Hauler - $21,600.00 Estimated annual revenue to local fuel supplier - $18,000.00 Net Cannon Pacific Bid after positive economic impacts* $ 98,840.13 *A total of$39,600 in operating expenses will go back into the City's economy. 2014-12-16 Agenda Packet Page 174 Agreement Between City of Chula Vista and Cannon Pacific Services, Inc To Provide Street Sweeping Services This agreement (Agreement), dated November 15, 2011 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A to this Agreement (Exhibit A), Paragraph 1, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form,place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Contractor), and is made with reference to the following facts: RECITALS WHEREAS, the City has solicited bids for street sweeping within and on the streets of the City of Cula Vista and on various City parking lots, as contained in "RFB #1-11/12 Street Sweeping Services for the City of Chula Vista" ("Bid" ), available in the City Purchasing Office; and WHEREAS, the Contractor has submitted to the City a bid to sweep the public streets and various City parking lots within the City limits, per the requirements of the Bid, and has thus made certain representations regarding length of time in business, financial strength, credit standing, cities served, equipment provided and qualified trained personnel, per its bid proposal, available in the City Purchasing Office; and WHEREAS, Contractor warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor to City in accordance with the time frames and the terms and conditions of this Agreement. WHEREAS, the City awarded the Bid to the Contractor based on the terms of this Agreement and in reliance on the representations and warranties herein. NOW, THEREFORE, for valuable consideration the City and Contractor do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONTRACTOR'S OBLIGATIONS A. General 1. General Duties. Contractor shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Contractor shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the Page 1 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2 0 14-12-16 AE61&81#kk'9feet kk'9feetSweepingServices.2011-2016 Page 175 essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Adjustments to Scope of Work. At the Street Maintenance Public Works Manager's sole discretion, streets and/or parking lots constructed or accepted by the City may be added to the "Defined Services" at the applicable unit price identified in the rate schedule in Exhibit A, Paragraph l OD, and in accordance with the sweeping schedule identified in Exhibit A, Paragraph 8A. b. Reductions in Scope of Work. City may independently, or upon request from Contractor, from time to time, reduce the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. c. Additional Services. In addition to performing the Defined Services, City may require Contractor to perform additional services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the lowest of the following rates (1) rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IOD, (2) rates submitted by Contractor as part of Contractor's bid, or (3) a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Contractor expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor or its subcontractors. B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Contractor must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Contractor to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Contractor to violate any law, the Contractor agrees to notify City immediately in writing. Should this occur, the City and the Contractor agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. Page 2 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 A J@AgTidfkWeet Sweeping Services.2011-2016 Page 176 1. Subcontractors. Contractor agrees to take appropriate measures necessary to ensure that all participants utilized by the Contractor to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Contractor under this Agreement, the Contractor shall ensure that the subcontractor carries out the Contractor's responsibilities as set forth in this Agreement. C. Insurance 1. General. Contractor must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Contractor, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scone of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d. E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Contractor's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Contractor must maintain limits no less than those included in the table below: i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Page 3 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 A Jgtfcfg#J°c&eet Sweeping Services.2011-2016 Page 177 Liability: $1,000,000 disease-each employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Contractor's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Contractor and in no way relieves the Contractor from its responsibility to provide insurance. c. Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives" shall be deleted from all certificates. d. Active Negligence. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insureds in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Page 4 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2 0 14-12-16 AgTMTP'Y&Areet Swee*ng Services.2011-2016 Page 178 e. Waiver of Subrogation. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors& Omissions coverage are written on a claims-made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Contractor must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 9. Subcontractors. Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Contractor's obligations under this Agreement, including Indemnity. Page 5 Two Parry Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Agen�a°OackefeetSweepingServices'2011-2016 Page 179 D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Contractor shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Contractor shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Contractor is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Contractor to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Contractor shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Contractor access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance. Page 6 Two Party Agtrreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agen�a 9acket eetSweepingServices.2011-2076 Page 180 B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Contractor, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supportine Information. Any billing submitted by Contractor shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C)to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Contractor, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Contractor's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval. The Contractor understands and agrees that payment to the Contractor for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Contractor of the terms of the Agreement. The Contractor acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Contractor is not entitled to receive any portion of the compensation due or paid, City will notify the Contractor in writing, stating its reasons. The Contractor agrees that Project closeout will not alter the Contractor's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Contractor's Obligation to Pay. Upon notification to the Contractor that specific amounts are owed to City, whether for excess payments or disallowed costs, the Page 7 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agnda o0ackereet Sweeping Services.2011-2016 Page 181 Contractor agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Contractor 1. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified,then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney if Contractor learns of an economic interest of Contractor's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Contractor warrants, represents and agrees that: a. Neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents (Contractor Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. Page 8 Two Party Agreem Vi ent Between City of Chula sta and Cannon Pacific Services,Inc 2014-12-16AgAftVAifieltreet Sweeping Services.2011-2016 Page 182 b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Contractor may not conduct or solicit any business for any parry to this Agreement, or for any third parry that may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 1. Estimating ages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Contractor shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Contractor is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Contractor, as determined by the City, Contractor shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Contractor claims the existence of such a delay, the Contractor shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 9 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc To Provide treet Sweeping Services.2011-2016 2014-12-16 Agenda Packet Page 183 ARTICLE V. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A.2., Contractor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Contractor, its employees, agents or officers, or any third party. 2. Design Professional Services. If Contractor provides design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors, and contractors arising out of or in connection with the performance of Contractor's services. Contractor's duty to defend, indemnify, and hold harmless shall not include any claims or liabilities arising from the sole negligence, active negligence or willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Contractor's obligations and duties under this Agreement. 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Contractor's obligation to defend, at Contractor's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. Page 10 Two Parry Agreement Between City of Chula Vista and Cannon Pacific Services,Inc To ovidp Street Sweeping Services.2011-2016 2014-12-16 Agenda Packet Page 184 5. Declarations. Contractor's obligations under Article V shall not be limited by any prior or subsequent declaration by the Contractor. 6. Enforcement Costs. Contractor agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Contractor's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Contractor's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination,. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Contractor agrees and to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Contractor and Subcontractors. The Contractor agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. Page 11 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc "Provide Street Sweeping Services.2011-2016 2014-12-16 Agenda Packet Page 185 C. Project Closeout. The Contractor agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Contractor agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Contractors. Contractor agrees to perform financial and compliance audits the City may require. The Contractor also agrees to obtain any other audits required by City. Contractor agrees that Project closeout will not alter Contractor's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Contractor that City has closed the Project, and either forwards the final payment or acknowledges that the Contractor has remitted the proper refund. The Contractor agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subcontractors identified as "Permitted Subcontractors." B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, Page 12 Two Party eeAgreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Agendarppf ��ackeYheet Sweeping Services.2011-2016 Page 186 overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Contractor shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Contractor shall have no authority, express or implied, to bind City or its members, agents, or employees,to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, Contractor agrees and shall require that it's agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. I. Contractor is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Contractor and/or is principals is/are licensed with the State of California or Page 13 Two Party A•cgreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age treet Sweeping Services.2011-2016 Page 187 some other state as a real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. K. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. L. Capacity of Parties. Each signatory and parry to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. M. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page.Next page is signature page.) Page 14 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agendafpvge Street Sweeping Services.2011-2016 Page 188 Signature Page to Agreement between City of Chula Vista and Cannon Pacific Services,Inc. to Provide Street Sweeping Services IN WITNESS WHEREOF, City and Contractor have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: Z City of Chula Vista By: C+ Cheryl x, Mayor Attest: -- By: Rich ard HtpV, DC -� Director of Public Works Donna Norris, City Clerk Approved to fo (fie n . Goo ns, qty tt ey Dat d- 1 i 22 'I Cannon Pacific Services,Inc By: '�'10'( Lee Miller, President and CEO Page 15 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Ag j0mV&ekQkeet Sweeping Services.2011-2016 Page 189 Exhibit A to Agreement between City of Chula Vista and Cannon Pacific Services, Inc. 1. Effective Date of Agreement: November 15, 2011 2. City-Related Entity (`City"): (X) City of Chula Vista, a municipal chartered corporation of the State of California O Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California O Industrial Development Authority of the City of Chula Vista, a O Other: , 3. Place of Business for City: City of Chula Vista Public Works/ Street Division 1800 Maxwell Road Chula Vista, CA 91911 4. Contractor: Cannon Pacific Services,Inc. Attention:Lee Miller,President and CEO 5. Business Form of Contractor: O Sole Proprietorship { ) Partnership (x) Corporation 6. Place of Business,Telephone and Fax Number of Contractor: 285 Pawnee Street Suite A San Marcos, California 92078 Phone (760) 943-9633 Ext. 305 AFTER HOURS EMERGENCY VOICE PHONE: (760) 801-7436; (760) 802-2286 FAX PHONE: (760)602-0522 7. General Duties: Page 16 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16AgFv"A ikdWeetSweepingServices.2011-1016 Page 190 Contractor shall provide sweeping of City streets, center islands/medians, center lines and parking lots in accordance with the conditions stated herein, and in accordance with the schedules listed in Exhibit"B", and "C" included herein. Sweeping for all curbs, gutters, median curbs and painted islands, centerlines, and road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City and designated in this Agreement in Exhibit B and C or subsequently added shall be performed in a manner consistent with that highest level of care and skill exercised by members of the municipal street cleaning profession. There shall be no fines, sediment or debris left at the curb, apron adjoining the curb, gutter or either end of the broom or pick-up head when the final pass for sweeping a street, center line, center median or island is complete. Standards of performance shall include sweeping all intersection curb returns and all cross gutters in a manner such that no "diamonds," of fines, sediment, fractured glass or other debris remain. If additional passes through an intersection are required in order to adequately sweep both a return and a cross gutter, the Contractor shall make the necessary passes without extra charges. On streets with uncurbed median islands created by pavement striping, the median areas shall be swept their entire width. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. The contractor shall be expected to hand collect any bulky item such as corrugated cardboard which the broom or pick-up head may reject. Over weight items such as concrete chunks, or lumber shall be moved from the road to the immediate adjacent curb and immediately reported to the number provided for City crews(619-397-6000). 8. Scope of Work and Schedule The Scope of Work and Schedule contained herein is designed to establish an effective, efficient and safe system of street cleaning and parking lot.cleaning that provides for the following intended purposes: Establish and maintain a continuous level of cleanliness of City streets in order to assure protection of the health, safety and welfare of the community. Clean City streets in a systematic and coordinated manner that compliments solid waste collection and other City services, by use of a routing system that will improve current street cleaning practices while decreasing costs. Increase the collection of fines, sediment, particulate, debris and any other materials on the street to prevent them from entering the storm drain system as much as possible. Provide deficiency reports indicating areas that cannot be swept and the reason for not sweeping. 8A. Detailed Scope of Work: The Contractor shall in a manner consistent with that highest level of care and skill exercised by members of the profession clean all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City as designated in this Agreement in Exhibits B and C. Parking is not restricted for street sweeping purposes. Page 17 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Afei WdekSgreetSweepingServices.2011-2016 Page 191 The Contractor shall sweep around any vehicle on City streets in a safe manner and missing as little curb and/or gutter as possible. The streets and parking lots to be cleaned, and the frequency of cleaning are listed in Exhibits B and C. The lengths represent the City's best measurement. Payment will be based on the quantities indicated with no adjustments except as provided herein. Contractor is responsible for verifying measurements and inspecting all conditions prior to submitting their bid and starting work. The streets and parking lots to be cleaned are divided into the following categories: (1) Class A: (Residential) Streets to be swept once every two months. (2) Class B: (Business/Commercial) Streets to be swept once every two weeks. (3) Class C: (Commercial) Streets to be swept once every two weeks. (4) Class D: Center islands and medians to be swept once every two months. (5) Class E: Center lines to be swept once every two months. (6) Class F: Non-curbed streets to be swept once every two months. (7) Class G: Parking lots to be swept once every two months. (8) Class H: Other special sweeping requested by the City at the rate stipulated within the bid. 8B. Equipment Specifications and Maintenance: The type of street sweeping equipment used by the Contractor shall be consistent with that highest level of quality and performance currently available to the industry and shall be subject to the approval of the Street Maintenance Public Works Manager. Vehicles and equipment used to perform the services provided for herein shall be clean, and maintained in good mechanical condition at all times. In addition, the following shall apply: (1) Contractor shall use standard heavy-duty broom-type or regenetive air equipment that will clean the streets of the City of paper, wet leaves, dirt, rocks and debris. Vacuum type sweepers shall not be permitted except that small air or vacuum sweepers may be permitted, if approved by the City, in cleaning the parking lots only. The broom, brush or pick-up heads shall be applied with sufficient pressure to pick up said material in one pass. (2) The City requires use of at least three (3) street sweepers with one backup sweeper, unless Contractor demonstrates to City's satisfaction that some lesser equipment standard would adequately provide the services required by this Agreement. The City prefers that the Contractor begin the agreement with new sweepers. The average age of the fleet used including the back up sweeper shall not be more than 5 years of age at any time during the initial term of the agreement and no sweeper shall be more than seven(7)years old at any time during the full term and all extensions. Certification Page 18 Two Parry Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Ag486Vik c&reet Sweeping Services.2011-2016 Page 192 shall be presented by the Contractor and approved by the Street Maintenance Public Works Manager that any equipment over five years of age has been completely overhauled and/or rebuilt to the City's satisfaction. All vehicles shall meet the latest and best standard for vehicle air emissions; reduce sweeping particulate impacts, and road safety. (3) All equipment shall meet or exceed the South Coast Air Quality Management Districts Rule 1186 for fugitive dust particulates of 10 microns(PMjo) or less, and the California Air Resources Board Standard for super ultra-low emission vehicles(SULEV). (4) All equipment shall be equipped in accordance with existing State law, equipped with safety lighting and markings appropriate for slow-moving vehicles, and shall be equipped with a flashing light with the following characteristics: (a) Visible for a minimum of one mile. (b) Flash 60 to 90 times per minute. (c) Mounted for 360-degree visibility. (d) Equipped with amber lens. (5) Contractor shall thoroughly clean and wash all trucks at least once each week and shall otherwise keep them clean, neat and in sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis but not less than quarterly for satisfactory service and leakage. All leaks discovered shall be immediately repaired. Mechanical brushes, brooms and pick-up heads shall be maintained in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability becomes impaired or does not meet the manufactures' stated performance standard as represented in the bid. All street sweepers shall be equipped with adequate water systems for dust control. Each vehicle shall at all times have in the cab the registration of the vehicle, certification of insurance card, and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall be equipped with a five-pound fire extinguisher certified by the State fire marshal, as well as a two-way radio or comparable wireless telephone. Graffiti on any equipment shall be promptly removed. Cannon Pacific Services, Inc. shall exercise all reasonable care and diligence in sweeping so as to prevent spilling, scattering or dropping of waste or debris and shall immediately, at the time of known occurrence or upon notification clean up any spillage. (6) All street sweepers shall be equipped with a geographic positioning system(GPS) connection to the City with real time and monthly report capacity for each vehicle that indicates, date and time of service, vehicle identification and speed, broom or pick-up head down time, mileage and route. The contractor shall provide the City with information necessary to monitor the sweeper activity from City owned computers. Page 19 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16AgVftftV &&ree1 SweepingServices.2011-2016 Page 193 (7) Contractor shall provide any adequate support equipment including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described in these specifications. (8) All equipment(including support equipment)to be used by the Contractor shall be subject to the inspection and final approval of the City. Such approval may require on-site demonstration of the capability of any proposed equipment. (9) Notice of Changes to Equipment. Contractor shall notify City prior to entering into any contract for the purchase or lease of any vehicle of a design or color not pre- approved by the City, or to changing the signage on same, and shall meet and confer with City in order to determine the appropriateness of same. (10) The City shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Agreement. Should any vehicle, when inspected, and in the determination of the City, not meet standards that the City feels are necessary to complete the Contract or to operate safely,the Contractor shall, at its cost, immediately bring such vehicle to standard before being placed back in service; however, during this repair time period, Contractor shall remain obligated to provide full service under this Agreement at no additional cost. (11) The City reserves the right over the life of this Agreement to reject any equipment for use for sweeping City streets. The Contractor shall furnish at no additional cost equipment satisfactory to the City. (12) Nothing herein shall preclude the Contractor from substituting other equal equipment occasionally for temporary purposes (up to 3 days) due to maintenance or other factors upon prior notice to the City. Any change in sweepers more frequent than once per month or more than three days shall be subject to the written approval of the Street Maintenance Public Works Manager. At any time during the life of this Agreement, all equipment shall be available for inspection by the City upon 24-hour notification to the Contractor. (13) Equipment must have sufficient mufflers and other silencing devices to permit its operation within City noise standards (no more than 55 dba within 25 feet of a residence). All equipment shall be subject to City approval prior to use. 8C. Other Requirements: (1) The Contractor shall at no additional cost to the City place signs approved by the City on the street sweeping equipment used in the performance of the work, which signs shall be visible from both sides and the rear of the vehicle and shall read "Under Contract to the City of Chula Vista," in letters of at least 4 inches in height. (2) The Contractor shall maintain an office within San Diego County, or provide an 800 telephone number, staffed by a responsible representative for receipt of requests from 8:00 a.m. to 5:00 p.m., Monday through Friday, not including approved holidays. The Contractor shall provide a list of names and phone numbers of supervisory Page 20 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Aged Rr1*HKeeFtreetSweepingServices-2011-2016 Page 194 personnel who can be contacted on a 24-hour basis to respond to emergency needs. The Contractor for the life of the Agreement shall keep this list current. (3) The Contractor shall maintain, at its own expense, an adequate maintenance and storage facility, located in San Diego County,to maintain and store the Contractor's equipment inventory. Contractor shall provide documentation for maintenance work that is contracted by providing the name and address of the contracted maintenance facility, the type of work contracted and the length of the contract. The City may, at its sole discretion, provide a location for parking two (2) sweeper units and access to the vehicle power-washing facility used for this Agreement at its Public Works Corporate Yard located at 1800 Maxwell Rd in Chula Vista. The use of the facility does not include use of the site for any mechanical repairs. The Contractor's use of the site is subject to all local, state and federal law regarding vehicles. If the Street Maintenance Public Works Manager determines that the Contractor has abused their use of the site, breached site security, or otherwise improperly used or failed to care for the site,the Contractor's use shall be cancelled without appeal. Contractor agrees to vacate premises within forty-eight hours' notice. Such cancellation shall not constitute a change in rate charged the City. Should the Contractor elect to store sweepers at the Corporate yard, Contractor agrees to perform special sweeps at the conclusion of the following City events: Cinco de Mayo; The Lemon Festival; and The Yule Tide Parade, and additionally sweep said Corporate yard and Maxwell Road from Main Street to the northern property boundary routinely and/or as requested by the Street Maintenance Public Works Manager, but no more than once per two weeks. These services are considered compensation for use of the Corporate yard for sweeper storage and use of the vehicle power-wash facility. (4) The Contractor shall provide the name of a contact person and phone number for use by the Street Maintenance Public Works Manager, or Designee, in case of routine questions relating to the Agreement, sweeping days and times, new street additions, and resolution of citizen complaints. (5) Employees: Contractor shall provide top quality service by industry standards, including competent,.qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Subject to all applicable law, and the provisions of collective bargaining agreements negotiated in good faith(a) City may, at its option, require fingerprinting of Contractors employees or agents whose service will cause them to enter onto or work in close proximity to private property; and(b) Contractor shall hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other non-merit factor. Any employee driving a vehicle shall at all times have in his/her possession a valid and appropriate license issued by the State. Cannon Pacific Services, Inc. and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in sweeping service on public streets and adhere to the drug free work place standards. Contractor shall train all employees in the operation of vehicles, standards of performance contained herein and the assigned routes for the City prior to assigning them to routes independently. The City shall be notified at least 24 hours in advance whenever a regular operator is replaced with an employee other than a standard replacement Page 21 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agee*etstreet Sweeping Services.2011-2016 Page 195 whose proficiency with the City has been confirmed, and new operators shall be accompanied by a Contractor supervisor until their proficiency is assured. 8D. Standards of Performance: (1) Sweeping for all curbs, gutters, median curbs and painted islands, centerlines, road shoulders, turning lanes, alleys, cross gutters, intersection curb return areas and parking lots located in the City and designated in this Agreement in Exhibits B, C & D or subsequently added shall be performed in a manner consistent with that highest level of care and skill exercised by members of the municipal street cleaning profession. There shall be no fines, sediment or debris left at the curb, apron adjoining the curb, gutter or either end of the broom or pick-up head when the final pass for sweeping a street, center line, center median or island is complete. Standards of performance shall include sweeping all intersection curb returns and all cross gutters in a manner such that no "diamonds," of fines, sediment, fractured glass or other debris remain. If additional passes through an intersection are required in order to adequately sweep both a return and a cross gutter, the Contractor shall make the necessary passes without extra charge. On streets with uncurbed median islands created by pavement striping,the median areas shall be swept their entire width. When necessary for proper cleaning, Contractor shall make more than one pass on a street, without extra charge. The contractor shall be expected to hand collect any bulky item such as corrugated cardboard which the broom or pick-up head may eject. Over weight items such as concrete chunks or lumber shall be moved from the road to the immediate adjacent curb and immediately reported to the number provided for City crews. (2) Sweeper speeds shall not exceed eight(8) miles per hour when sweeping. (3) The Contractor shall maintain lists of locations that cannot be adequately swept because of obstructions such as low hanging limbs or vehicles that are parked on the City streets for extended periods of time (deficiency reports). These deficiency reports with locations and dates shall be turned into the Street Maintenance Public Works Manager as soon as possible but no later than ten (10) days following the Contractor having swept around the obstruction. Deductions may be made from Contractor's payments for areas not swept due to obstructions that were not reported to the Department. (4) The Contractor shall promptly and as soon as practicably possible, repair or replace all existing improvements that are damaged as a result of its operation. Improvements, such as, but not limited to, curbs, gutters, driveways, or signs, shall be repaired and replaced to a condition equal to or better than the original condition, and no additional compensation shall be made by City. (5) The Contractor is expected to clean the entire area of the City parking lots and shall use vacuum hoses attached to their sweepers to remove material from areas the sweeper cannot reach or brooms, air blowers or other methods in all parking lots to move debris to a location where it can be swept up. Page 22 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age�i�aP'�IW,,Vtreet Sweeping Services.2011-2016 Page 196 (6) The Contractor shall dispose of all refuse collected by hauling the same to legally established disposal areas at Contractor's expense. Transfer points for storage of sweepings must be approved by the City and in no case be stored in the City in excess of five working days. The City shall approve disposal areas in advance. (7) The Contractor shall provide security to such transfer points to prevent the spread of the refuse by others or by nature, or the addition of debris to the sweeping refuse by others. Transfer points shall be kept clean at all times. The Department reserves the right to inspect the transfer points, and if the Department determines the transfer points are not being maintained properly, it will notify the Contractor to clean up the area. Said clean-up will be completed within 24 hours of notification. (8) The cost for disposal of sweeping refuse, including any and all landfill fees, is included in the various unit price compensation rates, as designated herein, and no additional compensation will be paid by the City. Therefore, except as stated in Exhibit A, Paragraph 11, entitled "Compensation", receipts of disposal at the established disposal site shall be prepared by the Contractor and may be requested/reviewed by the City periodically. (9) The Contractor shall make all necessary arrangements to obtain and pay for water necessary for the operation from the appropriate water district or authority. The Contractor shall maintain an accounting of the amount of water used each day and shall submit a copy of payment to the Water districts with their request for payment from the City as soon as feasible but no less than quarterly for the previous water billing period(s). Reclaimed water should be used to the extent allowed by local and state law and whenever operationally feasible. No additional compensation will be paid by the City. 8E. Sweeping Schedule: Upon execution of the Agreement, the Contractor shall submit a sweeping schedule ("Schedule")to the Street Maintenance Public Works Manager. The Schedule shall identify the streets or neighborhoods and parking lots to be swept each week. The Schedule shall provide for the sweeping of streets and intersections and parking lots as shown on Exhibit B and C. The required Schedule must provide the following information: (1) Contractor shall provide a list of proposed cleaning routes for a complete cycle of cleaning, with identification of all streets to be cleaned on each route in sequence ("Routing Lists"). Routes shall show direction of travel and include head-in locations and routes shall indicate start/end locations for each day's work. Maps of all routes shall accompany the Routing Lists. (2) The mileage for each street on each route must be identified as Right Hand or Left Hand sweeping mileage. Each Route List must reference the segment of streets to be swept. The total mileage for all proposed routes must equal the mileages contained in Exhibit B, or as modified by the City as stated herein. Page 23 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Ageno lyid�eSttreetSweepingServices.2011-2016 Page 197 (3) The Contractor shall schedule the hours of operation as approved by the Street Maintenance Public Works Manager so as to sweep the streets when a minimum number of vehicles are expected to be parked at the curb. The Contractor shall also make every effort to schedule the sweeping on days following regular trash collections, but in no event any closer than two days prior to trash pickup. (4) The hours during which the sweeping shall be performed shall be at the discretion of the Contractor, with the approval of the Street Maintenance Public Works Manager. The Contractor may be required to do early morning sweeping, such as on certain major streets and parking lots. No sweeping in residential areas shall be started prior to 7:00 a.m., or conducted later than 4:00 p.m. (5) The City has several areas where on street parking of adjacent residents prevents adequate sweeping. City plans to provide public education to inform residents of the sweeping schedule in their neighborhood to encourage off street parking during street sweeping periods. The City may, in future,post signs to prohibit parking at certain times or on alternate weeks for each side of the street. City reserves the right to require Contractor to revise the Schedule accordingly to provide an adequate level of sweeping. The City will make every effort to coordinate those changes with the contractor to make them as efficient for the Contractor and as convenient for the residents as possible. No additional charge or payment shall be made therefore. (6) All municipal and park parking lots shall be swept on a schedule to be determined by the Street Maintenance Public Works Manager with the input of the Contractor. The park parking lots are expected to have the least amount of vehicles between the hours of 4:30 a.m. and 7:00 a.m., on Mondays while municipal parking lots may best be swept on Saturdays between 9 a.m. and 3 p.m. The corners and any obstructed areas of lots shall be cleaned with a vacuum house or other method or cleared with a broom or blower and the entire surface area of each lot shall be swept. The Contractor shall submit for approval a schedule indicating the days and times that these lots will be swept within 15 days of the award of the Contract. 8F. Adjustments to Street Sweeping Schedule: (1) Holidays and Inclement Weather. (a) When inclement weather, in the opinion of the Street Maintenance Public Works Manager, prevents adherence to the Schedule for two or less days in a given week, the sweeping areas so affected by the inclement weather shall be swept at the discretion of the Street Maintenance Public Works Manager. Such "make up sweeping," shall occur without interruption of the regular sweeping schedule and no later than the following week from the date of the scheduled sweeping for all Classes of service regardless of the frequency that they are swept. Missed sweeps for streets, medians, centerlines or parking lots shall be deducted from the monthly rate. The Contractor shall perform all extra work required by such inclement weather without additional charge. Page 24 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 AgX?&FY&J reetSweeping Services.2011-2016 Page 198 (b) As to holidays, when any holiday or observance as specified in the Government Code of the State of California occurs on a regularly scheduled sweeping day, the affected scheduled streets shall be swept without interruption in the regular sweeping schedule or interference with the solid waste collection service. The designated holidays for solid waste service are New Year's Day, Memorial Day, Independence Day (Fourth of July), Labor Day, Thanksgiving and Christmas. On those days and the remaining days of that week trash shall be delayed one day (Friday's service is provided on Saturday). The Contractor shall make any adjustments necessary to follow trash service but no event any later than the third day after trash collection. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. The Street Maintenance Public Works Manager may at his/her discretion upon consultation with the Contractor cancel service for one or more Classes of service on any holiday route and direct the Contractor to deduct the mileage for that day from the monthly payment. The Contractor shall perform make-up sweeping for holidays at no additional cost to the City. (c) In the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, the Contractor shall be required at the City's discretion to complete the sweeping services so deferred prior to the next regularly scheduled date at no additional cost to the City, or give the City credit for the work not so performed at the unit price compensation rates specified herein, if agreed to by the City. Failure to sweep streets on schedule for reasons other than inclement weather or acts not reasonably within the plan and control of the Contractor shall be subject to the"Enforcement Provisions," specified herein. (2) Alteration by Agreement of Parties. (a) The Parties may alter the street sweeping schedule by agreement. The Contractor shall submit a new schedule in accordance with the provisions of section 8E, above. 8G. Interpretation of Specifications: Should any discrepancy appear, or any misunderstandings arise as to the meaning or interpretation of anything contained in these specifications, the matter shall be decided by the Street Maintenance Public Works Manager, and the interpretation of the Street Maintenance Public Works Manager shall be binding upon the Contractor. 8H. Verification of Work: (1) It shall be the responsibility of the Contractor to guarantee the execution of the Agreement in accordance with its terms and specifications. In addition to any and all other remedies provided hereunder, or at law or equity, Contractor's failure to perform any work required hereunder shall entitle the City to withhold payment with respect to such work. The Street Maintenance Public Works Manager, or his/her Page 25 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16AgenocTa,fFOA 'tStreetSweepingServices.2011-2016 Page 199 designee ("Designee"), shall have the right to inspect and monitor the work performed under the Agreement. (2) As required in this Agreement, the Contractor shall submit the Schedule and Route Lists for all scheduled cleaning upon award. These Route Lists will be reviewed for accuracy and efficiency by the Street Maintenance Public Works Manager. The Contractor shall meet with the Street Maintenance Public Works Manager to make any necessary changes to the Route Lists or Schedule. Any subsequent changes or revisions to the Schedule or Route Lists throughout the Term must have the prior written approval of the Street Maintenance Public Works Manager. The Schedule shall become the basis for: (a) the Contractor's Routing Lists, (b) the City's inspection of sweeping, (c) the invoicing of Route Lists completed, and (d) payment by the City for services rendered. (3) The Contractor shall prepare a monthly Schedule showing the Route List and submit two copies to the City. In the event the Schedule is changed, the Contractor shall submit a revised Schedule to the City at least five (5) working days prior to the change. In the event a Route List is changed, the Contractor shall submit a revised Route List and map of the proposed route. Such Route Lists and maps shall be submitted for both Contractor and City initiated route changes, including additions caused by acceptance of new streets into the City's maintained mileage, at least five (5) working days prior to sweeping. (4) The Street Maintenance Public Works Manager, or his/her designee, shall have the right to monitor the Contractor's work performance. All streets cleaned by the Contractor must present an appearance that is completely satisfactory to the Street Maintenance Public Works Manager, or his/her designee, and within the guidelines of the Standard of Performance contained herein. The City shall maintain a log of inspections and will verify completion of the contractor's work with the Contractor at a minimum of once per month. Any deficiency in the Contractor's performance shall be reported to the Contractor within 24 hours following completion of work or as soon as possible but no later than the next cycle of sweeping for that area. The Contractor shall correct such deficiencies by no later than 24 hours following receipt of such notice. (5) In the event a street rehabilitation or improvement project is under construction or will be under construction where cleaning is scheduled,that portion of a cleaning cycle will be deleted from the appropriate Route List at the direction of the Street Maintenance Public Works Manager. The section(s) of streets deleted may be re- entered at the first scheduled cycle following completion of the rehabilitation. Such deletions shall be reflected in the Contractor's request for payments. Prior to re- Page 26 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age. Services.2011-2016 Page 200 entering any such street into the cycle, the Street Maintenance Public Works Manager shall make a field inspection and the Contractor to determine what cleaning will be required by others. In no event will the Contractor be allowed additional compensation by the Department for initial cleaning of a re-entered street following rehabilitation or construction. (6) In addition to the procedure for verification of work performed as described herein, the Contractor shall lend whatever necessary assistance the Department may request with respect to verification of work performed. 8I. Additional Services: The City may from time to time require special sweeping on a callback basis, such as for accidental spills, sweeping after special events or miscellaneous needs. The per hour rate for these Additional Services is designated in Exhibit A, Paragraph 10, entitled "Compensation." The amount charged for this callback work shall be at the rates specified in the rate schedule in Paragraph l OD of this Exhibit A. 8J. Accidents: Any and all accidents, regardless of how minor, involving another person, private property, or vehicle shall be reported immediately to the City Police Department and a Police report requested. The Street Maintenance Public Works Manager, and/or the City Risk Manager, shall also be contacted immediately but no later than the next regular business day. 8K. Date for Commencement of Contractor Services: (x) Same as Effective Date of Agreement O Other: 8L. Dates or Time Limits for Delivery of Deliverables: Not Applicable 8M. Date for completion of all Contractor services: This agreement shall be in effect for a period of five years beginning November 15, 2011, and ending June 30, 2016. The City may, at its sole discretion, extend this Agreement for two (2) additional two-year terms for a maximum contract term of nine (9) years ending June 30, 2020. 9. Materials Required to be Supplied by City to Contractor Contractor to supply all required materials. Note to agreement: Per Bid 1-11/12,the City cannot supply fuel or allow Contractor to refuel at City facilities. 10. Compensation: IOA. O Single Fixed Fee Arrangement. For performance of all of the Defined Services by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Page 27 Two Parry Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 AgeTmR"Wetvtreet Sweeping Services.2011-2016 Page 201 Single Fixed Fee Amount: , payable as follows: Milestone/Event/Deliverable ("M/E/S") Amount or Percent of Fixed Fee 1. 2. 3. O Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each M/E/S on a percentage of completion basis for each given M/E/S such that, at the end of each M/E/S only the compensation for that M/E/S has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the M/E/S is not satisfactorily completed. If the M/E/S is satisfactorily completed, the City shall receive credit against the compensation due for that M/E/S. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the M/E/S,the full retention has been held back from the compensation due for that M/E/S. Percentage of completion of a M/E/S shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the M/E/S has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 1013. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Contractor as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Contractor shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Contractor as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ O Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis Page 28 Two Parry A'Sgreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age e£treet Sweeping Services.2011-2016 Page 202 for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. I OC. O Hourly Rate Arrangement For performance of the Defined Services by Contractor as herein required, City shall pay Contractor for the productive hours of time spent by Contractor in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Contractor of time and materials in excess of said Maximum Compensation amount, Contractor agrees that Contractor will perform all of the Defined Services herein required of Contractor for $ , including all Materials, and other "reimbursables" (Maximum Compensation). ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to $ (Authorization Limit), Contractor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. See Exhibit B for wage rates. O Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. IOD. (X) Other (X) Annual Maximum Compensation. Page 29 Two prPartyyeA.cgreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 AgendaFal e{treetSweepingServices.2011-2016 Page 203 For the Term of this Agreement, including any extensions hereto, there shall be an annual maximum compensation amount for the performance of Defined Services ("Maximum Compensation"). The Maximum Compensation for a particular fiscal year during the term of this Agreement, or any extension thereof, shall be equal to that amount approved by Council for ORG KEY 416733-6401 for the applicable fiscal year. The Maximum Compensation amount approved for Fiscal Year 2011-2012 is $150,000. (X) Rate Schedule. Payment under this Agreement shall be made on a monthly basis for curb miles, pass miles, or square footage, as appropriate, which Contractor adequately demonstrates to the City was actually cleaned, pursuant to the standards set forth herein, at the following rates; provided, however, in no event shall Contractor be entitled to compensation in excess of the sum of(a) compensation corresponding to the sweeping indicated in Exhibit B and, which numbers constitute the per frequency related to curb mile,pass mile or square footage scheduled by City under the terms of this Agreement; plus (b) compensation corresponding to additional services. Such numbers shall be further subject to adjustment by the addition or subtraction of streets or parking lots or other deductions or offsets expressly provided herein. (1) Class A Streets to be swept once every two months, at the rate of$ 16.38 per curb mile (2) Class B Streets to be swept once every two weeks, at the rate of$ 16.38 per curb mile (3) Class C Streets to be swept once every two weeks, at the rate of$ 12.00 per curb mile (4) Class D Center islands and medians to be swept once every two months, at the rate of$ 16.38 per curb mile (5) Class E Center lines to be swept once every two months, at the rate of$ 12.00 per pass mile (6) Class F Non-curbed streets to be swept once every two months, at the rate of$ 12.00 per curb mile (7) Class G Parking lots to be swept once every two months, at the rate of$ .00001 per square feet. (8) Class H Other special sweeping requested by the City at the following rates: Streets Weekdays: Hourly rate of$ 85.00 per hour Streets Weekends and Holidays: Hourly rate of$ 100.00 per hour Streets Mileage rate/per curb/pass mile: $ 17.00 per curb/pass mile Page 30 TwoprPnanyy Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agenda Irac&etStreet Sweeping Services.2011-2016 Page 204 Parking Lots: Area rate of$ .15 per 100 square feet (X) Requests for Partial Payment. Request for partial payment must be made in duplicate to the Street Maintenance Public Works Manager and include the following: (1) Claim for payment in a format approved by the City. (2) Cover invoice showing curb or pass miles swept or parking lot square footages swept and an extension in dollars at unit price compensation rate. (3) Copy of Route lists for the invoiced period, showing the date each street was cleaned,the total mileage for the period and the initials and signature of the Contractor's representative. (4) The GPS report for each vehicle, for each day showing speed,mileage, travel times and broom-down sweeping times labeled to indicate the route or routes swept and initialed by the Contractor's representative. (5) A monthly statement with the dates and the times for each parking lot swept. A month prior,the Contractor shall provide a letter to the Street Maintenance Public Works Manager indicating the anticipated dates and times the parking lots will be swept. (X) Substantiated Work. Payment shall be made on the basis of actual, substantiated curb or pass miles, or square footage swept at the appropriate unit price compensation rate except that deductions shall be made for streets or areas not swept. Such deductions shall be made on the basis of curb or pass miles or square footage not swept at the appropriate unit price compensation rate. Deductions may also be made for streets or areas not properly swept according to the standards indicated herein. (X) Price Adjustments. Prices bid shall be firm for the first two years of the Agreement (11/15/11 - 06/30/13). Adjustments for the third through fifth year and the two (2)two-year options to renew shall be based upon the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, for the preceding twelve month period, (CPI increase), up to a maximum of 6%per year. (X) No Additional Compensation. The cost for disposal of sweeping refuse, including any and all landfill fees, shall be included in the various bid schedule prices, and no additional compensation will be paid by the City. Therefore, except as stated in Exhibit A, Paragraph 10, Page 31 Two PrParty ]�A.Sgreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agenda Pacd e{treetSweeping Services.2011-2016 Page 205 entitled "Compensation", receipts of disposal at the established disposal site shall be prepared by the Contractor and may be requested/reviewed by the City periodically. (X) Waste. The Contractor shall not haul waste generated from the City using vehicles and employees of any person other than the Contractor's own labor and equipment or the City's franchise hauler. The City reserves the right to direct the Contractor to remove and convey waste generated under the Agreement to a Pacific Waste/Allied Facility (the Otay Landfill) and make an appropriate adjustment if- 1) The Contractor has not demonstrated that the proposed location and method for disposal is approved by the CA Integrated Waste Management Board and acceptable to the City, 2)that the indemnity provided by the disposal location does not transfer to the City, or 3)the rate for hauling and disposal quoted by the Contractor is more than the rate the City can obtain. Whenever possible,the City prefers that the material generated from street sweeping is diverted through recycling or composting. The City reserves the right to direct the Contractor to use the City's franchise hauler to remove and convey waste should the Contractor seek to haul waste outside the City using the vehicles and employees of any person other than the Contractor's own labor and equipment. (X) Debris Testing. The Contractor will be responsible for performance and payment of the Bi- Annual Street Sweeping Debris testing which includes Special Waste Profile, Re- certifications, Applicable Title 22 Metals (CAM17) and the Wet CSTLC (when the total results of the trigger IOX their STLC value) TPH Gas, Diesel & extended range,VOC's 8260. Testing cost to be included in the unit cost. (X) Extraordinary Circumstances. Right to Request Increases Based on Extraordinary Circumstances. Notwithstanding the foregoing, the Contractor may submit a request to the City Council for additional rate relief at any time extraordinary expenses are incurred beyond Contractor's reasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion. (X) Most Favored Nation Rate. Notwithstanding any provisions in this section to the contrary, in the event that, during the Term of this Agreement,the Contractor or any affiliate thereof agrees to a rate or rates for sweeping streets and parking lots under an agreement (or equivalent contract)within the County of San Diego with a public agency which is/are lower than the rate or rates then in effect for the corresponding service(s) charged the City, then the Contractor shall immediately make such lower rates available and applicable to this Agreement. Page 32 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agenda PacketStreetSweeping Services.2011-2016 Page 206 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (X) None,the compensation includes all costs. Expense Cost or Rate O Reports, not to exceed $ $ O Copies, not to exceed $ $ O Travel, not to exceed $ $ O Printing, not to exceed $ $ O Postage, not to exceed $ $ O Delivery, not to exceed $ $ O Outside Services: $ ( ) Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: Tim Ripley Street Maintenance Public Works Manager 619-397-6043 Contractor: Lee Miller President and CEO Cannon Pacific Services, Inc. 760-943-9633 ext. 305 13. Liquidated Damages Rate: ( )$ per day. (x) Other: See Exhibit"D"Enforcement Summary 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): (x) Not Applicable. Not an FPPC Filer. O FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. Page 33 TwoprParty Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 AgendaYac etstreetSweepingServices.2011-2016 Page 207 O Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. O Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. ( ) List Contractor Associates interests in real property within 2 radial miles of Project Property, if any: 15. Contractor is Real Estate Broker and/or Salesman (X) N/A 16. Permitted Subcontractors: None 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (x) Monthly O Quarterly O Other: B. Day of the Period for submission of Contractor's Billing: O First of the Month O 15th Day of each Month Page 34 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Age�a 1;%tWgt Street Sweeping Services.2011-2016 Page 208 (x) End of the Month ( ) Other: C. City's Account Number: 16733-6401 18. Security for Performance (x)Performance Bond, 100% of the amount of the contract price. ( )Letter of Credit, $ O Other Security: Type: Amount: $ ( ) Retention. If this space is checked,then notwithstanding other provisions to the contrary requiring the payment of compensation to the Contractor sooner,the City shall be entitled to retain, at their option, either the following"Retention Percentage" or"Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: 10% O Retention Amount: $ Retention Release Event: O Completion of All Contractor Services O Other: Page 35 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age�BaP1g%WgtStreet Sweeping Services.2011-2016 Page 209 EXHIBIT B CITY OF CHULA VISTA SCHEDULE OF SWEEPING EXISTING EXISTING LINEAR FEET CURB MILES SWEEP CLASS A TOTAL RESIDENTIAL STREETS SWEPT ONCE EVERY TWO MONTHS 3,465,580 656.36 ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS B TOTAL BUSINESS/COMMERCIAL STREETS SWEPT ONCE EVERY TWO WEEKS 639,461 121.11 ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS C TOTAL COMMERCIAL STREETS SWEPT ONCE EVERY TWO WEEKS 55,440 10.50 ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS D TOTAL CENTER ISLANDS AND MEDIANS SWEPT ONCE EVERY TWO MONTHS 393,730 74.57 ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS E TOTAL CENTER LINES SWEPT ONCE EVERY TWO MONTHS 242,352 45.90 (PASS MILES) ------------------------------------------------------------------------------------------------------------------- SWEEP CLASS F TOTAL NON-CURBED STREETS SWEPT ONCE EVERY TWO MONTHS 102,432 19.40 -------------------------------------------------------------------------------------------------------------------- SWEEP CLASS H OTHER SPECIAL SWEEPING REQUESTED BY THE CITY AT THE RATE STIPULATED WITHIN THE BID Page 36 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Age TaaPp%vc �tStreetSweeping Services.2011-2016 Page 210 EXHIBIT C CLASS G CITY OF CHULA VISTA PARKING LOTS SWEPT EVERY TWO MONTHS - *Eucalyptus Park(47 Fifth Ave. /upper and lower lots) 69,710 sq. ft. - *Rohr Park (4548 Sweetwater Rd. / 3 separate lots) 205,404 sq. ft. - Public Parking Lot# 2 (Landis Av and Davidson St,N/E corner) 25,520 sq. ft. - Public Parking Lot# 3 (Across from 280 Landis Av.) 24,132 sq. ft. - Memorial Park/Parkway Gym (385 Park Way) 20,913 sq. ft. -Norman Park Center (270 F St.) 13,200 sq. ft. - Lauderbach Park/Center(333 Oxford St.) 19,350 sq. ft. - Rienstra Park/Max Field(1500 Max Av.) 85,083 sq. ft. - Loma Verde Park(1420 Loma Ln.) 88,468 sq. ft. - SDG&E Park(1450 Hilltop Dr.) 11,329 sq. ft. - Hilltop Park(780 Hilltop Dr.) 10,877 sq. ft. - Civic Center Library (365 F St.) 59,864 sq. ft. -Discovery Park(700 Buena Vista Way.) 64,670 sq. ft. - Terra Nova Park(450 Hidden Vista Dr.) 15,370 sq. ft. - South Chula Vista Library (1427 Fourth Av.) 82,780 sq. ft. -Horizon Park(970 East Palomar St.) 7,800 sq. ft. - Ken Lee Building (430 F St.) 35,000 sq. ft. - Montevalle Park(840 Duncan Ranch Rd.) 148,252 sq. ft. - Mountain Hawk Park (1475 Lake Crest Dr.) 23,042 sq. ft. - Salt Creek Park(2710 Otay Lakes Rd.) 119,064 sq. ft. - Veterans Park (785 East Palomar St.) 28,266 sq. ft. Civic Center area 16,640 sq. ft. TOTAL 1,174,734 sq. ft. Additional parking lots shall be swept on an as—needed basis, to be paid at the per sqft rate, in accordance with section"H" of the bid form. ------------------------------------------------------------------------------------ Page 37 Two Parry Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2 0 14-12-16 Ager&*rg&W Street Sweeping Services.2011-2016 Page 211 Exhibit D Enforcement Summary & Incentives The parties agree that calculating the full damages caused by Cannon Pacific Services, Inc. failure to adhere to performance standards is difficult if not impossible to ascertain. Consequently,the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof. Service Penalty Indicator Description Amount 1 Missed Sweep, Failure To Sweep street,median,centerline, cross gutter, curb $10.00 return parking lot or other approved duties.* Additional Business Day After Receiving Notification From City. $10.00 2 Failure to report Failure To Notify the City Risk Manager or Special Operations $100.00 Property damage Manager with Name, location and nature of accident no later than (within 24 hours) the beginning of the next business day. Failure To Respond In Writing(and cc City)to a Damage Claim Within 30 Days of Receipt And Initiate a Process to Resolve. $100.00 3 Failure to provide Continued access to full GPS report for each vehicle and each day of $100.00 GPS service. Value of sweep for da and: 4 Working GPS Each additional day Failure to maintain working GPS. $50.00 5 GPS deception Per day fee for any attempt to alter the accurate reading and reporting $500.00 6 Failure to report Notify the City within the time allotted per incident: (mile or lot rate as $ deficiency appropriate) 7 Exceeds maximum For each hour or part thereof that the sweeping speed exceeds the eight $50.00 speed while (8)miles per hour contract limit: sweeping 8 Vehicle Emissions Vehicle does not meet fuel emissions or particulate standard $25.00 Each Additional Day Problem Not Resolved. $5.00 9 Equipment& Standards, Signage not appropriate and staff not uniformed. $25.00 Personnel 10 Equipment Change Use of Equipment not Pre-Approved by the City $100.00 Each additional Day not cured $100.00 11 Spillage Or Litter Failure To Make A Good Faith Effort To Clean Up Spillage Or Litter $15.00 Within 90 Minutes or hand pick large items. 1. Right to Cure. In each case where a cure for unsatisfactory performance can be rendered within the same day, 24 hours or a time specified period, and the cure and time period are acceptable to the City, Cannon Pacific Services,Inc. may cure the incident without penalty. 2. Following Day Obligations.� In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non-business day,Cannon Pacific Services', Inc. right to cure shall be extended until the following business day. Page 38 Two pp,Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16Agenc pocvCe-tStreetsweepingservices.2011-2016 Page 212 3. Penalties for Additional Days in Breach: Minor Violations. Cannon Pacific Services, Inc. may obtain relief from"Each Additional Day Late"damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible,subject to City's approval. The City will not unreasonably withhold a request for additional time to cure. In addition,minor occasional violations with advance notice from Cannon Pacific Services, Inc.and prompt cure may be excused at the discretion of the Street Maintenance Public Works Manager. 4. Rip-ht_to Appeal. Contractor will have the right to appeal any City assessment to the Street Maintenance Public Works Manager,whose decision shall be final. Page 39 Two Party Agreement Between City of Chula Vista and Cannon Pacific Services,Inc 2014-12-16 Agenoda Packe street Sweeping Services.2011-2016 Page 213 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CONTRACT FOR CITYWIDE STREET SWEEIPING SERVICES TO CANNON PACIFIC SERVICES, INC. TO INCREASE THE COST OF SWEEPING CITY PARKING LOTS WHEREAS, on November 15, 2011 the City of Chula Vista accepted bids and awarded a five year contract for citywide street sweeping service to Cannon Pacific Services, Inc., and authorized the purchasing agent to renew the agreement for two (2) additional years two (2) year option periods; and WHEREAS, street sweeping prices were firm for the first two years of the agreement and adjustments for third through fifth year and the two (2) two year options to renew would be based on the All Urban Consumers/All Items component of the San Diego Metropolitan Area Consumer Price Index as published by the Bureau of Labor Statistics; and WHEREAS, the third year of the contract concluded on November 15, 2014 and Cannon Pacific Services, Inc. honored the agreement for the first two year to be firm requirement and for an additional year for a total of three years; and WHEREAS, Cannon Pacific Services, Inc. is seeking approval to increase the cost of sweeping City parking lots from $5.96 per month to $587.36 per month based on intended figures of the original Request for Bid; and WHEREAS, the approval of Cannon Pacific Services, Inc. requests will increase the total street sweeping yearly fee cost to $143,777.64; and WHEREAS, including the adjusted monthly fee Cannon Pacific Services, Inc. remains as the low bid for citywide street sweeping services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amend and approve the contract for citywide street sweeping services to Cannon Pacific Services, Inc., and increase the monthly cost of sweeping City parking lots to $587.36 and increase the street sweeping yearly fee to $143,777.64. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 214 2014-12-16 Agenda Packet Page 215 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL en R. 6-66-g::;-ins City Attorney Dated: 2— AMENDED CONTRACT BETWEEN THE CITY OF CHULA VISTA AND CANNON PACIFIC SERVICES, INC- 2014-12-16 Agenda Packet Page 216 CITY of CHUL A VISTA Department of Public Works December 2, 2014 Mr. Lee Miller President and CEO Cannon Pacific Services 285 Pawnee Street, Suite A San Marcos, CA 92078 RE: RFB 1/1 1-12 Street Sweeping Services Year Four (4). Dear Lee, Thank you for meeting with Tim Ripley and me to discuss Cannon Pacific Services and the City of Chula Vista year four (4) of services of the initial five year agreement. In accordance with the terms and conditions of RFB 1-1 1/12; and the agreement dated November 5, 2011, approved by City Council Reso 2011-218, the CPI price adjustment increase for year four(4) is 1.7%based on the All Urban Consumers/Ail Items Component of the San Diego Metropolitan Area Consumer Price Index as published by the Bureau of Labor Statistics for the preceding twelve month period. (CPI increase) You requested that the City allow a price adjustment on the parking lot sweeping services. An error was made on the bid pricing submitted that resulted in the parking lots being services at a price of 575.00 per year. Cannon Pacific honored the pricing for the initial three years of the contract but is asking for a price adjustment to the amount that was the original intent of Cannon Pacific of 5.001 per sq. ft. This will result in a cost of 57,000-51 0.000 per year. Both Time Ripley and I agree that this is a reasonable and fair request however Chula Vista City Council approval is required to allow the increase. Additionally you requested an increase to offset the cost of fuel. After careful consideration we determined that the cost of fuel was included in your overhead cost when submitting the bid. We cannot approve the additional increase. The request for increases will go to Council on December . 2014. We will notify you of the outcome. Sincerely, Suzanne Brooks, Sr. Procurement Specialist 2014-12-16 Agenda Packet Page 217 Please acknowledge your agreement by signing and returning a copy of this year three price adjustment notice. Thank you, Suzi Brooks Lee i er Sr. Procurement Specialist President & CEO City of Chula Vista Purchasing Division Cannon Pacific Services Date: Date: Copy: Tim Ripley 2014-12-16 Agenda Packet Page 218 CANNON PACIFIC 285 PAR s� --SWEEPING AMERICA S..1A S.Slums-CA 92078 .a,v,onp.afxaam lam:•rtw 13 760411-9003.ro, 760 471-9005 888 DIRT ALERT .asti VIA EMAIL April 30, 2014 City of Chula Vista Tim Ripley 1800 Maxwell Road Chula Vista, CA 91911 Dear Mr. Ripley; Cannon Pacific Services, Inc. is pleased to have had the opportunity to provide street sweeping services to the City of Chula Vista for 20 years, since 1994. We trust that we have been a reliable and respectable contracting partner. We are requesting an increase of 1.7% to our unit prices equal to the San Diego Regional CPI. This request is consistent with section 10(d) on page 30 of our current agreement. This increase helps us offset the increased cost of operating costs and overhead, but unfortunately doesn't begin to help us with fuel costs. We are also requesting an additional increase to help offset the increased cost of fuel. As you know, fuel prices are extremely volatile. Today's fuel prices are $34 cents per gallon higher than last year at this same time. Because of this unexpected increase that is beyond our control, we are requesting consideration for an additional increase under section 10(d) on page 32 of 3.0% for unforeseen extraordinary circumstances. The total amount requested is 4.7%, which is below the maximum 6% allowed on page 31. It would adjust our curb mile rates to $17.42 and $12.76, both still well below the San Diego regional average of$19.96 per mile. Lastly, we are requesting the City's consideration for a price adjustment on the parking lot sweeping. As you know, there was an error on our part that resulted in a favorable pricing scenario for the City. Since that time, we have honored our pricing and the City has been afforded full service sweeping on it's parking lots swept for less than $75.00 per year, a service that should cost $7,000-$10,000 per year. We are requesting that the City consider our excellent service and allow a price adjustment up to market rate, that which was proposed originally of$.001 per sq. ft. as that was the original intent. Please feel free to contact me at 760-471-9003 or via email at Imiller@cannonpacific.com should the need arise or to discuss our services or this very important request. Kindest Regards, Lee E. Miller President and CEO 2014-12-16 Agenda Packet Page 219 BLS NEWS RELEASE BUREAU OF LABOR S'I'M'ESTICS . U.S.I)EPA RT\IEN"I'OF LABOR T n. WEST INFORMATION OFFICE San Francisco. Calif. For release 10:00 a.m. (PST) Thursday, February 20te, 2014 14-290-SAN Technical information: (415) 625-2283 • BLSinf6SF@bls.gov bls.gov • Jv"'%N'.bls.gov/ro9 Media contact: (415) 625-2270 CONSUMER PRICE INDEX, SAN DIEGO—SECOND HALF 2013 AREA PRICES UP 1.1 PERCENT OVER THE PAST S[X 1IONTHS,UP 1.7 PERCENT FROM A FEAR AGO Prices in the Greater San Diego area. as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 1.1 percent in the second half of 2013, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Richard J. Holden noted that the six- month increase was influenced by higher prices for shelter and recreation and lower prices for gasoline. (Data in this report are not seasonally adjusted. Accordingly. six-month-to-six-month changes may reflect seasonal influences.) Over the past 12 months, the CPI-U rose 1.7 percent. (See chart 1.) Energy prices advanced 1.5 percent. mainly due to an increase in the price of electricity. The index for all items less food and energy increased 1.7 percent over the year. Chart 1. Over-the-year percent change in CPI-U, San Diego, First half 2010 - Second half 2013 4.0 3.5 ❑AII items 13 All items less food and energy 3.0 as c 2.5 ea u 2.0 c 1.5 a 1.0 0.5 0.0 First half Second First half Second First half Second First half Second 2010 half 2010 2011 half 2011 2012 half 2012 2013 Half 2013 Source:U.S.Bureau of Labor Statistics. 2014-12-16 Agenda Packet Page 220 Food Food prices edged up 0.1 percent in the second half of 2013. (See table 1.) Prices for food away from home were up 1.2 percent for the past six months. Prices for food at home declined 0.7 percent for the same period. For the year ending in the second half of 2013, food prices rose 0.9 percent. Prices for food away from home advanced 2.4 percent during the past 12 months, but prices for food at home decreased 0.4 percent. Energy The energy index edged down 0.1 percent since the first half of 2013. This decrease was influenced by lower prices for gasoline (49 percent). Partly offsetting the decline were higher prices for electricity (13.9 percent) and natural gas service (8.4 percent). Energy prices increased 1.5 percent over the year, strongly influenced by a 14.0 percent jump in electricity prices. From a year ago, natural gas service prices increased 18.7 percent. but gasoline prices were down 3.8 percent. All items less food and energy The index for all items less food and energy increased 1.2 percent from the first half of 2013 to the second half of 2013. Among the index components, increases were recorded for recreation (4.6 percent). apparel (2.2 percent), other goods and services (1.2 percent), education and communication (1.0 percent). household furnishings and operations (1.0 percent). shelter (0.9 percent), and medical care (0.9 percent). Over the year. the index for all items less food and energy advanced 1.7 percent. Prices increased for apparel (3.5 percent), household furnishings and operations (2.5 percent), shelter(1.8 percent), medical care (1.7 percent). other goods and services (1.2 percent), education and communication (1.1 percent), and recreation (0.8 percent). TaCle A.San 11.go CPI11 semlannusl and annual m,rrt chan es not seasonal) ad u4cd 2008 2004 2010 2011 2012 2013 Semiannual nod Semi-annual Annual Semi-annual Annual Semi-annual Annual Semi-annual Annual Semi annual Annual Semi-annual Annual First Hatt 33 46 -05 -06 02 14 23 34 13 1.7 06 09 Secord Hatt -01 32 1.1 06 10 12 04 27 03 1 5 1.1 1.7 CPI-W In the second half of 2013. the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W)was 247.236, up 0.9 percent. The CPI-W increased 1.7 percent over the year. The first half of 2014 Consumer Price Index for San Diego is scheduled to be released on August 191h, 2014, at 10:00 a.m. (PST). 2014-12-16 Agenda Packet Page 221 Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population Groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 88 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 29 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers. groups such as professional. managerial, and technical workers. the self-employed, short-term workers. the unemployed, and retirees and others not in the labor force. The CPl is based on prices of food. clothing, shelter, and fuels. transportation fares, charges for doctors' and dentists' services, drugs. and the other goods and services that people buy for day-to-day living. Each month. prices are collected in 87 urban areas across the country from about 4,000 housing units and approximately 26.000 retail establishments--department stores. supermarkets, hospitals. filling stations. and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from S 10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at �v%v,.v.bls.gov/cpi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at w%\,\x,.bls.L,ov/opub/honi/liomch]7 a.htm. In calculating the index. price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller. the local area index is subject to substantially more sampling and other measurement error than the national index. In addition. local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities: they only measure the average change in prices for each area since the base period. The San Diego. CA metropolitan area covered in this release consists of San Diego County in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: 202-691-5200; Federal Relay Service: 1-800-877-8339. For personal assistance or further information on Consumer Price Indexes, as well as other Bureau products, contact the San Francisco Information Office at (415) 625-2270 from 9:00 a.m. to 11:30 a.m. and 1:30 p.m. to 4:00 p.m. PT. 2014-12-16 Agenda Packet - Page 222 Consumer Price Index for All Urban Consumers(CPI-U):Indexes for semiannual averages and percent changes for selected periods San Diego, CA (1982-$4=100 unless otherwise noted) Semiannual average indexes Percent change to 2nd half 2013 from Item and Group 2nd half 1st half 2nd half 2012 2013 2013 2nd half 1st half 2012 2013 Expenditure category All items.................................................................................... 257.285 258 955 261.679 1_7 1.1 All items(1967=100) ................................................................. 869.959 875.607 884 815 Food and beverages ...................................................... .°.... 235 698 237.491 238 000 1.0 .2 Food ...............°..................................................................... 233 239 234.941 2352$4 .9 .1 Food at home .............................................................. ...°° 220.105 220.761 219.128 -.4 -.7 Food away from home..... ......................................... 246.665 251.613 254 719 2.4 1.2 Alcoholic beverages ................................................... .......... 252.970 255 685 258.299 2.1 1.0 Housing ..........°°.-°............................................................... 280.417 283.539 287.897 2.7 1.5 Shelter.................°°-°°................................................ ...... 316.819 319.827 322.665 1.8 .9 Rent of primary residence 1 .............................................. 310.472 313186 316.492 1.9 1.1 Owners'equivalent rent of residences 1 2 ........................... 337.212 341.180 344.154 2.1 .9 Owners equivalent rent of primary residence 1 2 ........... 337.212 341.180 344.154 2.1 .9 Fuels and utilities.................................................................... 232.644 238.479 258.323 11.0 83 Household energy...........................................°..-.... ...... 189.183 194.879 218.131 15.3 11.9 Energy services 1 ................................................... ..... 184 657 190.465 213.319 15.5 12.0 Electricity 1 ....................... 177.449 177.621 202.287 14.0 13.9 Utility(piped)gas service 1 ................................ ........ 148.183 162.237 175.884 18.7 8.4 Household furnishings and operations......................... ........ 176.334 178.894 180.765 2.5 40 Apparel .......................... ... ... .......................... ............... 131.757 133.357 136.305 3.5 2.2 Transportation .......................... ... .....................---............ 225.608 227.028 224.112 -.7 -1.3 Private transportation.... ... ... ... ................................... 217.112 218.790 215.470 -8 -15 Motor fuel ........................ ... ........... ......................... 318.158 321.556 306.037 -38 A 8 Gasoline(all types)......................................................... 318 384 321 957 306 179 -3.8 4.9 Gasoline,unleaded regular 3 ............... ............. ... ... 331.877 335.602 319 042 •3.9 4.9 Gasoline,unleaded midgrade 3 4............. ................... 271 461 274 587 261.421 -3.7 4.8 Gasoline,unleaded premium 3................ 319.533 321015 307 398 -3.8 4.8 Medical care ..---.°-°............. . .°.° °°........................... 406.322 409.595 413.157 1.7 9 Recreation 5 .......................... .. 148.326 142.940 149.511 .8 4.6 .............................. .. Education and communication 5 ............................... . ... ... 144.257 144.452 145.910 1.1 1.0 Other goods and services ..... .. ........................................... 364.585 364.797 369 027 12 1 2 Commodity and service group All items..................................................................................... 257.265 258.955 261 679 1.7 1.1 Commodities .................................... ................................... 198.044 199.539 199.269 .6 -.1 Commodities less food and beverages ................................. 177.550 178.887 178.250 .4 -4 Nondurables less food and beverages................................ 201.206 203.307 202.309 .5 -.5 Durables............................................................................. 151.687 151.814 151.744 .0 0 Services....................._..._....... ............................................. 309.875 311.70$ 317.006 2.3 1.7 Special aggregate indexes All items less medical rare.°-°°°°-°-°°-.-°............................... 250.194 251.797 254.465 1.7 1.1 All items less shelter..................°-°°°....................................... 234.986 236.036 238.706 1.6 1.1 Commodities less food ............................................................. 181.040 182.433 181.919 .5 -.3 Nondurables............................................................................... 220.422 222.425 222.081 .8 -.2 Nondurables less food............................................................... 206.530 208.6a9 207.905 .7 -.4 Services less rent of shelter 2 ................................................... 318.463 318.268 327.316 2.8 2.8 Services less medical rare services........................................... 300.359 301.840 307.078 22 1.7 Energy........................................................................................ 263.425 267.660 267.374 1.5 -.1 All items less energy ....°°.......................................................... 258.846 260.066 262 874 1.6 1.1 All items less food and energy ................................................. 264.766 265 910 269.167 1.7 1.2 1 This index series was calculated using a laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. 2 Index is on a November 1982=100 base. 3 Special index based on a substantially smaller sample. 4 Indexes on a December 1993=100 base. 5 Indexes on a December 1997=100 base- - Data not available- 2014-12-16 Agenda Packet Page 223 4r3Gr2014 Gasoline and Diesel Fuel Update-ErergylnformabonAdn inistration JiQa V.S. I,>;lc:r�• Information Administration Petroleum & Other Liquids Gasoline and Diesel Fuel Update Gasoline Release Date:April 28,2014 1 Next Release Date:May 5,2014 Diesel Fuel Release Date:April 28,2014 1 Next Release Date:May 5,2014 U.S. Regular Gasoline Pricee (dollars per gallon)full history Change from 04/14114 04/21/14 04/28/14 week ago year ago U.S. 3.651 3.683 3.713 + 0.030 + 0.193 East Coast (PADD1) 3.609 3.662 3.706 + 0.044 + 0.248 New England (PADDIA) 3.638 3.685 3.755 + 0.070 + 0.236 Central Atlantic (PADD1 B) 3.611 3.674 3.748 + 0.074 + 0.250 Lower Atlantic (PADDiC) 3.599 3.645 3.660 + 0.015 + 0.250 Midwest (PADD2) 3.633 3.640 3.662 + 0.022 + 0.108 Gulf Coast (PADD3) 3.472 3.491 3.491 0.000 + 0.196 Rocky Mountain (PADD4) 3.438 3.446 3.482 + 0.036 0 -0.002 West Coast (PADD5) 3.977 4.027 4.073 + 0.046 + 0.273 West Coast less California 3.670 3.719 3.761 + 0.042 + 0.142 [-1 See less States Change from 04/14114 04121/14 04128/14 week ago year ago California 4.156 4.206 4.254 + 0.048 + 0.349 Colorado 3.532 3.520 3.510 4 -0.010 0 -0.014 Florida 3.663 3.726 3.711 & -0.015 + 0.311 Massachusetts 3.557 3.607 3.681 + 0.074 + 0.250 Minnesota 3.514 3.515 3.560 + 0.045 + 0.051 New York 3.753 3.812 3.887 + 0.075 + 0.212 Ohio 3.669 3.711 3.757 + 0.046 + 0.232 Texas 3.483 3.502 3.497 0 -0.005 + 0.181 Washington 3.745 3.817 3.866 + 0.049 + 0.224 Cities Boston 3.559 3.601 3.677 + 0.076 + 0.244 Chicago 4.074 4.015 4.031 + 0.016 & -0.044 Cleveland 3.705 3.724 3.765 + 0.041 + 0-163 Denver 3.532 3.510 3.493 0 -0.017 0 -0.036 Houston 3.443 3.452 3.468 + 0.016 +0,126 Los Angeles 4.284 4.306 4.332 + 0.026 + 0.415 Miami 3.874 3.858 3.829 b -0.029 + 0.246 2W/ giq&WRabo"pasdiesel/ Page 224 4M/Ml Gasdine and Diesel Fuel Update-Energy Information Administration New York City 3.603 3.681 3.775 * 0.094 _*_q.260 San Francisco 4.139 4.183 4.270 * 0.087 * 0.308 Seattle 3.794 3.859 3.894 * 0.035 * 0.263 U.S. On-Highway Diesel Fuel Prices` (dollars per gallon)full history Change from 04/14/14 04/21/14 04/28/14 week ago year ago U.S. 3.952 3.971 3.975 * 0.004 0.124 East Coast (PADDI) 4.068 4.070 4.065 b -0.005 * 0.179 New England (PADDIA) 4.220 4.212 4.208 -0.004 * 0.215 Central Atlantic (PADD1 B) 4.193 4.191 4.185 -0.006 * 0.251 Lower Atlantic (PADDI C) 3.947 3.953 3.949 0 -0.004 * 0.118 Midwest (PADD2) 3.932 3.946 3.947 * 0.001 * 0.108 Gulf Coast (PADD3) 3.790 3.820 3.824 + 0.004 * 0.067 Rocky Mountain (PADD4) 3.942 3.976 3.982 + 0.006 * 0.172 West Coast (PADD5) 3.981 4.030 4.055 * 0.025 * 0.106 West Coast less California 3.893 3.945 3.954 * 0.009 * 0.121 California 4.056 4.102 4.140 * 0.038 * 0.093 'prices include all taxes That we pay for in a gallon of Regular Gasoline(March 2014) Diesel(March 2014) Retail Price, S3.531gatlon Retail Price: S4.0Olga9on Taxes 12% Taxes 1296 Distrbution 8 Marketing F 9%-1 Distribution& Marketing 1796 Refining 1296 Refining 1286 Crude Ol 67% Crude Od 6096 2 aschesel/ Page 225 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0704, Item#: 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING AN ENVIRONMENTAL DOCUMENT FOR LIGHT RAIL TROLLEY GRADE SEPARATIONS AND STATIONS TO THE BLUE LINE LIGHT RAIL, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NON-SUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On June 19, 2013, Per Council Resolution # 2012-118, the City of Chula Vista entered into Memoranda of Understanding (MOU) for planned improvements through Chula Vista's light rail trolley and freight rail corridor. The MOU allows the City to work with SANDAG and their consultants and to transfer funds to SANDAG so that rail improvements and adjacent roadway improvements can be expedited. It is necessary to extend the MOU from December 31, 2014, to June 30, 2016. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed MOU amendment #1 for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) (General Rule) of the state CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary for this specific activity, additional environmental review will be required as applicable prior to the approval of any future project specific design alternatives and development entitlement permits. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The purpose of this MOU amendment #1 is to provide additional time for the City of Chula Vista and the San Diego Association of Governments (SANDAL) to complete studies for planned improvements along the rail corridor within Chula Vista. SANDAG is the lead and is using their on- call consultants and staff since they have expertise with the rail systems and the local rail corridor system. Chula Vista is providing full funding for the MOU related to the Light Rail Grade Separation Environmental Document at Palomar Street (CIP# STM-361 & SANDAG MPO ID # CHV30). City of Chula Vista Page 1 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 226 File#: 14-0704, Item#: 14. This MOU pertains to the third phase of work related to the Interstate-5 Multi-modal Corridor Study (CIP # STM-361). For the past few years, City staff has worked in collaboration with Caltrans, SANDAL, and SANDAG on-call consultant teams on identifying needed short-term and long-range improvements along the Interstate-5 transportation corridor which also includes the rail corridor and the local street network. Past Council action included the following resolutions: • Resolution 2008-253 dated 11/04/2008 approving an MOU with SANDAG for the purpose of conducting a study to examine multi-modal improvements to the Interstate-5 corridor. This study's recommendations were incorporated into the 205ORTP and recognized that improvements along the rail corridor are Chula Vista's highest need in the corridor. • Resolution 2008-254 dated 11/04/2008 authorizing the transfer of SAFETEA-LU Federal funds and TransNet funds from CIP STM-362 (I-5/H Street Interchange) to CIP STM-361. • Resolution 2009-220 dated 9/15/2009 accepting Federal TCSP funds for the LRT Improvements Study. • Resolution 2010-088 dated 4/20/2010 approving an MOU with SANDAG to conduct an LRT Improvement Study. This study is complete and forms the basis for the grade separation environmental document at Palomar Street, which is the subject of this agenda statement. • Resolution 2012-118 dated 6/19/2012 approving an MOU with SANDAG for the purpose of preparing an environmental document that will consider project alternatives for grade- separating the Blue Line Light Rail Trolley crossing at Palomar Street and commensurate improvements (Attachment # 1). The initial phase of work provided a study for the area along Interstate-5 and bounded by State Route-54 to Main Street in Chula Vista. That document, the Interstate-5 South Multi-modal Corridor Study by AECOM Engineers dated December 2010, prioritized all transportation improvements needed within the study area and was used as a technical document to the SANDAG 2050 Regional Transportation Plan (2050 RTP). The highest priority projects for Chula Vista were to provide a rail- grade separation for the local streets at E Street, H Street and at Palomar Street. These improvements would provide better near term traffic improvements than any improvements across or within the Interstate-5 corridor. Below is a link to the document: <http://www.sandag.org/uploads/promectid/promectid 387 12472.pdf> Based on the AECOM study, city staff then began work on the second phase of this project with SANDAG on a project Study Report (PSR) for each of the three LRT rail crossings. Each of the three locations ranks very high in the region, and they are all in relatively close proximity. Thus, it made sense to evaluate them at the same time. The Chula Vista Light Rail Trolley Improvements Project Study Report (Phase II) was completed by TY-LIN International, SANDAG and the City in August of 2012. The document can be found on the City's website: <http://www.chulavistaca.gov/City Services/Development Services/Engineering/documents/PSRCV LRT-Final-August2012.pdf> City of Chula Vista Page 2 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 227 File#: 14-0704, Item#: 14. The third phase of the project includes the preparation of an environmental document for the grade separation of the Light Rail Trolley (LRT) from the local street at Palomar Street. The 2050 RTP shows that the Blue Line system which runs between San Ysidro and downtown San Diego has the three Chula Vista Trolley Station crossings at E Street, H Street and Palomar Street ranked very high in the competition for funding of grade separation projects in the region. The studies for the at-grade crossings have been updated since the TY-LIN report and the Palomar Street crossing is now the highest in priority for San Diego County (Attachment # 2). The Palomar Street rail crossing across a six-lane roadway, impacts the most vehicles per day, and as such, ranks 1st in regional priority ahead of E Street (6th) and H Street (4th). Due to the limited remaining funds in STM-361 and the time constraints in preparing an environmental document and securing funding for the estimated $40 million (per grade separation) in construction costs, SANDAG staff felt that only the Palomar Street location should be studied at this time. The environmental document is in preparation and the analysis includes studying grade separation design alternatives such as over-crossing and under-crossing options. Pending future funding availability, the City will pursue design and environmental studies at the E Street and H Street locations. The executed MOU "Regarding Environmental Document for LRT Grade Separations and Stations" is attached (Attachment # 3). No fund transfer will occur with this MOU. Approved consultant expenses will be paid by SANDAG who in turn will invoice the City for reimbursement of eligible expenses including SANDAG staff costs. The City will pay SANDAG's invoice and then forward an invoice of all expenses to Caltrans for processing and reimbursement of 80% of approved expenses with federal SAFETEA-LU funds. A similar payment/reimbursement methodology was done with the Interstate-5 Multi-modal Corridor Study and the LRT PSR per the MOU entered into with Resolution 2008-253 & 2010-088. Completion of the environmental document with preferred project alternative recommendation is expected to be completed in Winter 2015. The MOU amendment would revise the termination date of December 31, 2014 to June 30, 2016 in order to allow for the environmental document to be finished and the final project invoicing, accounting and close out with Caltrans and FHWA to be completed (Attachment # 4). Several more public workshops will be conducted during the environmental review process. One public workshop was recently held on Wednesday, November 12th to discuss three initial alternative design concepts. Public notification will be provided on future workshops as the dates are confirmed. This project will also provide an update at the City Council Transportation Workshop scheduled for Thursday, February 5, 2015. Design and construction funding for the Palomar Street/LRT grade separation project has not yet been identified. The Regional Transportation Plan is being updated, "San Diego Forward: The Regional Plan" and the Blue Line Trolley grade-separations could be under construction within a few years. The Regional Plan update, due in late 2015, shows that for the Blue Line Trolley system, seven locations will be grade-separated. The first phase of work proposes five at-grade crossings to be completed by Year 2035. The second phase would complete two additional locations by Year 2050. The top three locations to be grade-separated are within Chula Vista, so it is expected that City of Chula Vista Page 3 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 228 File#: 14-0704, Item#: 14. these locations are part of the first phase of work. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council on the site specific portions of this action and has found no property holdings within 500 feet of the boundaries of the properties which are the subject of this action. CURRENT YEAR FISCAL IMPACT CIP STM-361 is funded with Federal funds and a 20% minimum match requirement provided by local TransNet funds. Sufficient funding is available in STM-361 to cover project costs. ONGOING FISCAL IMPACT The MOU amendment does not require any additional on-going expenses. ATTACHMENTS Attachment 1. Resolution 2012-118 dated June 19, 2013 Attachment 2. Revised Draft Rail Grade Separations Project Rankings dated June 13, 2014 Attachment 3. Executed MOU for LRT Grade Separations dated June 20, 2013 Attachment 4. Amendment 1 to MOU SANDAG Contract 5004169 Prepared by: Francisco X. Rivera, Principal Civil Engineer, Public Works Dept. J:\Engineer\TRAFFIC\STM361 1-5 Multimodal Corridor Study\CC agenda and resolutions\December 16 2014\agenda 121614 fxr.doc City of Chula Vista Page 4 of 4 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 229 RESOLUTION NO. 2012-118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENTERING INTO THREE MEMORANDA OF UNDERSTANDING AGREEMENTS WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS RELATED TO IMPROVEMENTS TO THE BLUE LINE LIGHT RAIL AND FREIGHT RAIL CORRIDOR, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NON-SUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENTS WHEREAS, the City desires to work with SANDAG in order to make rail corridor improvements through Chula Vista; and WHEREAS, the City and SANDAG each have projects in the Regional Transportation Improvement Program (RTIP) related to making these rail corridor improvements; and WHEREAS, the projects lie entirely within the jurisdiction of the City of Chula Vista, but technical assistance on a regional level is required of SANDAG for improvements within and adjacent to the rail corridor; and WHEREAS, in order to determine ultimate light rail trolley improvements and make at- grade rail crossing improvements through Chula Vista, it is necessary to enter into three Memoranda of Understandings (MOUs) with SANDAG to define funding, cost sharing and roles between the City, SANDAG, and SANDAG's consultant team; and WHEREAS, the initial MOU will be for the purposes of preparing an environmental document that will consider project alternatives for grade-separating the Blue Line Light Rail Trolley crossing at Palomar Street and commensurate station improvements (STM-361); and WHEREAS, the second MOU will be for the purpose of constructing ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersections with Moss St. and Naples St. (TF-383); and WHEREAS, the third MOU will be for the purpose of constructing ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersection with Anita St. (TF-319); and WHEREAS, in order for the City to utilize the Federal funds for this study, the consultant selection process must be approved by Caltrans; and 2014-12-16 Agenda Packet Page 230 Resolution No. 2012-118 Page No. 2 WHEREAS, on September 17, 2008, Caltrans' District Local Assistance Engineering (DLAE) staff determined that a SAFETEA-LU (Safe, Accountable Flexible, Efficient, Transportation Equity Act: A Legacy for Users) fund co-sponsor change was needed by the City of Chula Vista in order to utilize the SANDAG On-Call consultant list; and WHEREAS, SANDAG has confirmed that all procedures for selecting the consultant have followed Caltrans Chapter 10 of the "Local Assistance Procedures Manual", LPP 06-02; and WHEREAS, approving these MOUs expedites the consultant selection process by at least six-months; and WHEREAS, the Federal reimbursement fund requires a minimum of 20% local matching funds and the City has identified TransNet funds for the match; and WHEREAS, once Federal authorization to proceed is given, City staff will begin to seek reimbursement on expenses through Caltrans via the Federal fund reimbursement procedures; and WHEREAS, each of the three MOD's defines City, SANDAG, and consultant costs; and WHEREAS, in July 2012, the SANDAG Transportation Committee will also approve entering into three MOU's with the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby agree to enter into three Memoranda of Understandings with the San Diego Association of Governments related to improvements to the Blue Line Light Rail and Freight Rail corridor and authorizes the City Attorney to make such non substantive changes deemed necessary for the benefit of the City and authorizes the Director of Public Works to execute the agreements. Presented by Approved as to form by 'chard . Ho ns en R. G ogins Director of Pu lic Works Cit omey _ju 2014-12-16 Agenda Packet Page 231 Resolution No. 2012-118 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of June 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: ,)L, g zoh, Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-118 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of June 2012. Executed this 19th day of June 2012. D Donna R. Norris, CMC, City Clerk 2014-12-16 Agenda Packet Page 232 )k § § k k k k k k k k k } \ k ) B | § B B § B B B ) ) ) ma %(/ \77 oo ) {\)\ , , , , , , , , , , , / !E ) )(/ ou am oc \ } \ \ \ \ \ \ \ \ \ j \ \ 65 o\ \ \ { \ \ \ \ \ \ \ } \ \ \ \ } \ \ \ \ go MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING LIGHT RAIL TROLLEY IMPROVEMENT STUDY SANDAG CONTRACT NUMBER 5001854 This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of August, 2011, by and between the San Diego Association of Governments ("SANDAG") and the City of Chula Vista ("Chula Vista") for the purpose of working cooperatively on a Light Rail Trolley Improvement Study. Individually, SANDAG and Chula Vista may be referred to as "Party" and collectively as "Parties." RECITALS The following recitals are a substantive part of this MOU: WHEREAS, Chula Vista has accepted a grant of $237,500 from the Transportation, Community, and System Preservation (TCSP) Program for a Light Rail Trolley Improvement Study (Study); WHEREAS, on October 15, 2009, the federal Highway Administration (FHWA) reduced the TCSP grant amount to $222,300; WHEREAS, Chula Vista has appropriated local funding in the amount of $127,700 for the preparation of a Light Rail Trolley Improvement Study; WHEREAS, the Study will cost $350,000 and will be funded with TCSP grant funds and Chula Vista local match funds; i WHEREAS, the Study is part of the Interstate 5 Multimodal Corridor Study, which is included in the Regional Transportation Improvement Program as project CHV30; WHEREAS, the Study is of regional importance to the Metropolitan Transit System (MTS), the California Department of Transportation (Caltrans), Chula Vista, SANDAG, and the public whose implementation is expected to reduce delays attributed to traffic congestion, permit increased frequencies of the Trolley, and improve mobility, goods movement, and safety; WHEREAS, SANDAG will be the lead agency and administer the Study in cooperation with Chula Vista, MTS, and Caltrans; WHEREAS, SANDAG intends to utilize its on-call engineering services consultants to complete the Study as described in this MOU; WHEREAS, funding for the Study from the federal discretionary funds will be paid to Caltrans via a Federal Fund Transfer Agreement(FFTA), and Chula Vista and Caltrans intend to enter into an agreement to authorize Chula Vista to reimburse SANDAG for all Study costs from funds provided by the FFTA; and WHEREAS, the Parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above. 2014-12-16 Agenda Packet Page 234 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: 1. The purpose of the Study is to develop geometric alternatives for constructing grade separations, as well as relocating the Trolley station platforms at the E Street, H Street, and Palomar Street grade crossings. The Study report shall include considerations for at-grade, aerial, and depressed Trolley platform locations. An alternative to grade'separate E, F, and H Streets as one project also will be studied and considered. Visual simulations will be prepared for each of the various alternatives. Alternative rail and street profiles, station location alternatives, preliminary station layout plans, and detailed cost estimates also will be developed. The Study report will be prepared with input from and in cooperation with the MTS, Caltrans, Chula Vista, and SANDAG. 2. The budget for the Study shall not exceed $350,000; however, in the event that SANDAG notifies Chula Vista that this amount will be exceeded, Chula Vista will meet with SANDAG to discuss whether an amendment to this MOU is appropriate. In no event shall SANDAG have the responsibility to move forward with the Study until the Parties are able to identify sufficient funds to complete the work. 3. SANDAG shall receive an amount not to exceed $350,000 as reimbursement for Study costs. All expenses incurred by SANDAG for the Study, including consultant costs, claims, litigation, or other liability, shall be reimbursed by Chula Vista, 4. The funds for the Study shall be expended as follows: a. An amount not to exceed $300,000 for consultant services, including SANDAG administrative costs, b. An amount not to exceed$50,000 as consultant contract contingency. 5. SANDAG shall use one or more of its existing on-call engineering consultants to perform work on the Study. Chula Vista shall pay the consultant expenses in the amount identified in Section 4 and in the manner described in Section 6. 6. SANDAG shall invoice Chula Vista no more than once per month. Chula Vista shall make payment to SANDAG within 45 days of receipt of an invoice submitted by SANDAG for Study costs. SANDAG shall have no obligation to perform under this MOU and shall not assign work to any of its consultants on the Study until after the agreement between Chula Vista and Caltrans is executed. SANDAG may terminate work on the Study if it is not reimbursed by Chula Vista within 45 days of submitting an invoice. 7. Chula Vista agrees to provide staff support and cooperation on the Study, including, but not limited to, any staff support or cooperation needed to defend any claims or litigation that may arise on the Study. 8. During the term of this MOU, the Parties shall be responsible for the storage and maintenance of their respective electronic data collected for use on the Study. The Parties shall provide a secure site to allow access to this data to selected staff who shall be designated by the respective Party. All work products resulting from this MOU and consultant deliverables shall be the joint property of Chula Vista, SANDAG, Caltrans, and MTS. 2 2014-12-16 Agenda Packet Page 235 9. Neither Chula Vista nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify, and save harmless Chula Vista, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. 10. Neither SANDAG nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by Chula Vista under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, Chula Vista shall fully defend, indemnify, and save harmless SANDAG, all officers and employees from all claims, suits, or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by Chula Vista under this MOU. 11. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors or Transportation Committee. 12. Any notice required or permitted under this MOU may be personally served on the other Party, by the Party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG For the City of Chula Vista 401 B Street, Suite 800 Public Works Department San Diego, CA 92101 276 Fourth Avenue Attn:John Dorow Chula Vista, CA 91910 Attn:frank Rivera 13. That unless it is amended by the Parties in writing, this MOU shall terminate on September 30, 2012,or on such earlier or later date as the Parties may agree to in writing. 14. The indemnification provisions of this MOU shall survive termination of the MOU. 15. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 16. All terms, conditions, and provisions hereof shall inure to and shall bind each of the Parties hereto and each of their respective heirs, executors; administrators, successors, and assigns. 17. For purposes of this MOU, the relationship of the Parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 18. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 3 2014-12-16 Agenda Packet Page 236 19. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third-parties to this MOU or affect the legal liability of the Parties to this MOU to third-parties. 20. This MOU may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. 21. This Agreement shall be deemed executed on the date on which the last Party signs this MOU. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA GARY L.GALLEGOS RICHAR A. P Executive Director Director of Pub c Works/City Engineer APPROVED AS TO FORM: APPR 4nsAt ce of General Counsel 1 n R.G 4 2014-12-16 Agenda Packet Page 237 AMENDMENT i TO SANDAG CONTRACT NUMBER 500416g MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA This Amendment No. i to SANDAG Contract No. 5004i6g concerns a memorandum of understanding(MOU) by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 4oi B Street, Suite 800, San Diego, California,and the City of Chula Vista ("Chula Vista") : A. Under the original MOU dated JUNE 20, 2013, SANDAG and Chula Vista worked cooperatively on a project report and environmental document(PR/ED)for a rail/highway grade separation project at Palomar Street in Chula Vista (Project) and were the co-lead agencies in administrating the project in cooperation with input from and in cooperation with MTS and Caltrans. B. This Amendment No. i is to modify the termination date from December 31, 2014 to June 30, 2oi6. Nothing in this Amendment i is intended to relieve the parties of their obligations to perform as required by the MOU unless expressly stated herein. NOW,THEREFORE, it is agreed as follows: i. Section 12 of the MOU underthe heading"Parties Mutually Agree"shall be amended to instead read as follows: That unless it is amended by the parties in writing,this MOU shall terminate on June 30, 2oi6, or on such earlier or later date as the Parties may agree to in writing. 2. All other provisions of said MOU not amended herein,shall remain in full force and effect. 3. This Amendment i may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original.This Amendment No. i may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF,these parties have executed this Amendment 1 effective this day of December 2014. SAN DIEGO ASSOCIATION CITY OF CHULA VISTA OF GOVERNMENTS GARY L.GALLEGOS MARY SALAS Executive Director or Delegated Designee Mayor APPROVED AS TO SUFFICIENCY APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY: OF FORM AND LEGALITY: Office ofthe General Counsel Glen R.Googins,City Attorney 2014-12-16 Agenda Packet Page 238 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS REGARDING ENVIRONMENTAL DOCUMENT FOR LIGHT RAIL TROLLEY GRADE SEPARATIONS AND STATIONS TO THE BLUE LINE LIGHT RAIL, AUTHORIZING THE CITY ATTORNEY TO MAKE SUCH NONSUBSTANTIVE CHANGES DEEMED NECESSARY FOR THE BENEFIT OF THE CITY, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City desires to work with SANDAG in order to make rail corridor improvements through Chula Vista; and WHEREAS, the City and SANDAG each have projects in the Regional Transportation Improvement Program (RTIP)related to making these rail corridor improvements; and WHEREAS, the projects lie entirely within the jurisdiction of the City of Chula Vista, but technical assistance on a regional level is required of SANDAG for improvements within and adjacent to the rail corridor; and WHEREAS, on June 19, 2012, in order to determine ultimate light rail trolley improvements and make at-grade rail crossing improvements through Chula Vista, the City Council approved Resolution 2012-118 entering into three Memoranda of Understanding (MOUs) with SANDAG to define funding, cost sharing and roles between City, SANDAG, and SANDAG's consultant team on three Capital Improvement Projects STM-361, TF-383 and TF- 319; and WHEREAS, the initial MOU for STM-361 is related to the preparation of an environmental document that will consider project alternatives for grade-separating the Blue Line Light Rail Trolley crossing at Palomar Street and commensurate station improvements; and WHEREAS, this initial MOU has an expiration date of December 31, 2014; however , it is necessary to extend the expiration date until June 30, 2016, in order to complete the environmental document, the final project invoicing, accounting and close out documentation to Caltrans and Federal Highway Administration; and WHEREAS, as of June 2014, the Palomar Street rail crossing is ranked as the County of San Diego's highest priority location for grade-separation; and WHEREAS, the project associated with the second MOU, construction of the ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersections with Moss St. and Naples St. (TF-383),has already been completed; and 2014-12-16 Agenda Packet Page 239 Resolution No. Page 2 WHEREAS, the project associated with the third MOU, construction of ultimate rail crossing improvements and roadway improvements at Industrial Blvd. and the intersection with Anita St. (TF-319), is currently under construction; and WHEREAS, approving the extension date for the STM-361 MOU from December 31, 2014 to June 30, 2016, will address the need to continue work on the Light Rail Grade Separation work at the Palomar Street rail crossing location; and WHEREAS, the extension date is the only change needed in the current MOU. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby agree to amend a Memorandum of Understanding with the San Diego Association of Governments for contract Number 5004169 regarding environmental document work for the Blue Line Light Rail crossing at Palomar Street, authorize the City Attorney to make such non-substantive changes deemed necessary for the benefit of the City and authorize and direct the Mayor to execute the agreement. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2014-12-16 Agenda Packet Page 240 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0599, Item#: 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SPONSORSHIP OF THE 2015 HARBORFEST EVENT; APPROVING THE AGREEMENT WITH MCFARLANE PROMOTIONS TO COORDINATE CHULA VISTA HARBORFEST 2015; AND APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF $7,500 FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in August 2015. The event continues to grow in popularity and generates positive publicity and awareness for the City of Chula Vista. The event will promote entertainment and outdoor activities on the Chula Vista Bayfront and Port of San Diego tidelands. ENVIRONMENTAL REVIEW The Development Services Department Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because the project is authorization of the City Manager to sign the agreement between the City of Chula Vista and the HarborFest Consultant is an administrative activity that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista is collaborating with local agencies and volunteers to hold HarborFest in the summer 2015. The event will support activation of the City of Chula Vista bayfront and Port of San Diego Tidelands. Proposed activities include entertainment, a youth zone, live music performances, a Culinary Festival and Wine, Beer and Spirits Garden, a car and boat show, paddle board demonstrations, and other harbor activities. The 2014 HarborFest attracted more than 17,000 participants to the Bayfront. Fundraising efforts generated sufficient funding to support HarborFest 2014 expenses. Sponsorship and fundraising activities are underway for HarborFest 2015 through a committee established by Councilmember Pamela Bensoussan. Grant funding from the County of San Diego, the Port of San Diego and other agencies and organizations are being pursued. The success of HarborFest 2015 depends upon expert coordination and planning with City of Chula Vista and Port of San Diego staff, vendors, musical groups, festival participants, and others. The City of Chula Vista Page 1 of 2 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 241 File#: 14-0599, Item#: 15. Office of Communications solicited proposals from event planning firms to coordinate HarborFest 2015. A committee reviewed the proposals received and determined McFarlane Promotions, with its experience, qualifications and success in planning large-scale public events, was the best qualified and provided the best value for coordinating HarborFest 2015. The attached resolution supports approval of an agreement with McFarlane Promotions to coordinate HarborFest 2015. Potential City risks and liabilities will be mitigated through standard levels of insurance required of the event provider and a special events policy to be purchased by the City and reimbursed out of event proceeds. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Chula Vista HarborFest attracts thousands to the Bayfront which advances the Economic Vitality goal by activating the Bayfront and bringing new and returning visitors to enjoy activities, shop, and dine. The connected Community Goal emphasizes activities, like HarborFest, that enrich the community's quality of life. CURRENT YEAR FISCAL IMPACT Staff is requesting an appropriation of $7,500 from the General Fund to allocate the initial payment for services outlined in the agreement for McFarlane Promotions. This amount will be reimbursed to the General Fund by HarborFest sponsorship dollars when they are received. HarborFest event costs should be funded by revenue generated from HarborFest 2015. There may be an impact to the General Fund if insufficient funds are generated through HarborFest revenues. ONGOING FISCAL IMPACT There are no anticipated ongoing financial impacts related to this item. The goal is for HarborFest to become a self-supporting signature event promoting the City of Chula Vista. ATTACHMENTS Agreement Staff Contact:Anne Steinberger City of Chula Vista Page 2 of 2 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 242 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) APPROVING THE SPONSORSHIP OF THE 2015 HARBORFEST EVENT 2) APPROVING THE AGREEMENT WITH MCFARLANE PROMOTIONS TO COORDINATE CHULA VISTA HARBORFEST 2015 AND 3) APPROVING AN APPROPRIATION FROM THE GENERAL FUND OF $7,500 FOR INITIAL PAYMENT TO MCFARLANE PROMOTIONS (4/5 VOTE REQUIRED) WHEREAS, the City of Chula Vista is actively engaged in establishing signature community events that attract residents and visitors; and WHEREAS, HarborFest 2014 attracted more than 17,000 residents and visitors to the Chula Vista Bayfront and Port of San Diego Tidelands; and WHEREAS, the success of HarborFest depends upon expert coordination and planning with vendors,musical groups, festival participants, and others; and WHEREAS, the City requires third-party accounting assistance to collect and manage funds from ticket sales,booth registration fees, and other fees; WHEREAS, McFarlane Promotions' experience, qualifications and success in planning large-scale public events makes the firm uniquely qualified; and WHEREAS, the consultant warrants and represents that the firm is experienced and staffed in a manner such that the consultant can coordinate and deliver the services within the timeframes herein provided in accordance with the terms and conditions of this agreement. NOW THEREFORE BE IT RESOLVED that the City Manager of the City of Chula Vista or his designee is hereby authorized and directed to execute said agreement with McFarlane Promotions on behalf of the City of Chula Vista in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council appropriate $7,500 to the Administration Department's Supplies and Services budget to make an initial payment to McFarlane Promotions to be reimbursed from HarborFest 2015 sponsorships and fees. Presented by Approved as to form by Gary Halbert Glen R. Googins 2014-12-16 Agenda Packet Page 243 City Manager City Attorney 2014-12-16 Agenda Packet Page 244 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COLTNCIL len oogins City Attorney Dated: Z `Z AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MCFARLANE PROMOTIONS, 1NC. TO PROVIDE EVENT PLANNING SERVICES FOR HARBORFEST 2015 Agreement between City of Chula Vista and McFarlane Promotions,Inc. To Provide Event Planning Services for HarborFest 2015 This agreement (Agreement), effective December 1, 2014, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form, place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista is actively engaged in establishing signature community events that attract residents and visitors; and WHEREAS, the success of HarborFest depends upon expert coordination and planning with vendors, musical groups, festival participants, and others; and WHEREAS, the City requires third-party accounting assistance to collect and manage funds from ticket sales, booth registration fees, and other fees; WHEREAS, McFarlane Promotions' experience, qualifications and success in planning large-scale public events makes the firm uniquely qualified; and WHEREAS, HarborFest is a day-long festival with music performances; vendors; culinary festivals; youth zone; community performances; interactive, educational children's activities; harbor activities; ship/boat tours; and more to attract residents and visitors to the Chula Vista Bayfront and Port of San Diego Tidelands; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. WHEREAS, the City solicited proposals for an event planning consultant to coordinate HarborFest and the committee selected McFarlane Promotions, Inc. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 1 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0LLt1ook\XIHU8LY1\McFarlane Two-Party Consultant 2014-12-ffir p iaERjAL_12_l0.docx Page 245 OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, terminate this Agreement. a. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Page 2 Two Party Agreement Between the City of Chula vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\LauraWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Onttook\XIHU8LY1\McFarlane Two-Party Consultant 2014-124WAMrPV&fl._12_10.docx Page 246 B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it, expeditiously. I. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain, during the period of performance of this Agreement, and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). b.Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c.WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d.E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 3 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\WppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.Outlook\XIHU8LY1\MCFarlalle Two-Party Consultant 2014-12-f6re*6V1A3fac —"—l0.d0cx Page 247 i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each employee If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. b. Primary Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Page 4 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Lawa\AppData\Loca[\Microsoft\Windows\Temporary Internet Files\Content.Outlook\X[HU8LYl\MCFarlane Two-Party Consultant 2014-12-J1reelp&A"#aEML_12_1O.docx Page 248 Consultant and in no way relieves the Consuliant from its responsibiliry to provide insurance. c. Cancellarion. The insurance policies reqtrired by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, reriun receipt requested. The words "will endeavor' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agenu, or representatives" shall be deleted from all ceriificates. d. Waiver of Subrogation. ConsultanYs insurer will provide a VJaiver of Subroga6on in favor of the City for each required policy providing coverage for the term required by this Ag�eement In addition, Consultant waives any right it may have or may obtain to subrogaiion for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liabiliry and/or Errors & Omissions coverage are written on a claims-made form: a Retro Date. The "Re�o Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement b. Marntenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least one year a8er complerion of the work requued by the Agreement. c. Copies. A copy of the claims reporting requuemenu must be submitted to the City for review. 7. Acceatabilitv of Insurers. Insurance is to be placed with licensed insurers admitted to . transact business in the State of California with a current A.M. BesYs rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of Califomia List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. BesYs rating of no less than A X. F�cception may be made for the State Compensation Fund when not specifically rated. 8. VeriScation of CoveraQe. Consultant shall furnish the City with original certificates and � amendatory endorsements effecting coverage required by Secrion I.C. of this Agreement. The endorsements should be on insurance industry focros, provided those endorsements or policies conform to the requirements ef :his .^_�eement. All certificates and endorsements aze to be received and approved by the City before work commences. The Ciry reserves the right to require, at any time, complete, certified copies of all required inc�,rance policies, including endorsements evidencing the coverage required by these specifications. Page 5 ' 7Yvo PMV Apreanertt Between f1+e GI�'ofChu/a Ytsfa artdAltFarfant Proma6ans.lncW Coordinrt/t HarbarFen 1015 I 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 11. Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recovery shall not be limited to the insurance minimums, but shall instead extend to the actual policy limits. D. Security for Performance 1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fnls.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. 3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. Page 6 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.0ut1ook\XIHU8LYI\McFarlane Two-Party Consultant 2014-12-MWWd ff aEML_I2_IO,docx Page 250 E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE 11. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. Allow 10 days for processing of invoice and mailing of check. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees, or subcontractors. a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. Page 7 Two Party Agreement Between the City of Chata vista and McFarlane Promotions,Inc to Coordinate HarhorFest 2015 C:\UsersVawa\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0ut1ook\X1HU8LYlMcFarlane Two-Party Consultant 2014-12-1� gen�aacice —l2_IO,docx Page 251 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Constiltant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Page 8 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 CA:\Users\La�ur�a\ ppData\Local\Microsoft\Windows\Temporaiy Intemet Files\Content.Outlook\XIHU8LY1\McFarlane Two-Party Considtant 2014-12-I�e/�genA Yac ce�L_l2_l0.docx Page 252 Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. Specific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest), other than as listed in Exhibit A, Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. 1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the Page 9 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFesl 2015 C:\Users\LauraWppData\Local\Microsoft\Windows\Temporary Intemet Fi1es\Content.Ont1ook\XIHU8LY I McFartane Two-Party Consultant 2014-12-if nda{ acl{e L 12_IO.docx Page 253 respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense, Indemnity, and Hold Harmless. 1. General Requirement. To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 2. Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.5, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3. Costs of Defense and Award. Included in the obligations in Sections A.I and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.I. and A.2. Subject to the limitations in Sections A.I. and Page 10 Two Party Agreement Between the City of CJmla Vista and McFarlane Promotions,Inc to Coordinate HarborFesl 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Intemet Fi1es\Content.0ut1ook\XIHU8LYI\McFarlane Two-Party Consultant 2014-12-��eAgm9ntlraa�idIeA _l2_l0.docx Page 254 A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, and/or volunteers. 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. 8. No Alteration of Other Obligations. This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. After City provides notice of violation, Consultant shall have five (5) days to cure the violation. If the violation is not cured, the City shall terminate this agreement. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby Page 11 Two Parry Agreement Between the City of Chula vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Lam'a\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XIHU8LYI\McFarlane Two-Party Consultant 2014-12-1�WWAd'a�a. —l2_l0.docx Page 255 expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. The deposit paid upon execution of this Agreement is not refundable should the event be canceled or if this Agreement is terminated by City. In addition, City shall pay Consultant upon such cancellation or termination a termination fee equal to 50% of any unpaid compensation where such cancellation or termination occurs on or before July 10, 2015, 75% where such cancellation or termination occurs on or before July 31, 2015 and 100% for any cancellation or termination occurring thereafter, plus any actual direct costs expended or incurred by Production Company as a result of such cancellation or termination. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS Page 12 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\La�ulraaa\ft�AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0utlook\X1HU8LYI\McFarlane Two-Party Consultant F 2014-12-1gen�aFaketL_12_l0.docx Page 256 A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shall not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of City. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. Page 13 Two Party Agreement Between the City of Chala vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\t.ocal\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XIHU8LYI\McFarlane Two-Party Consultant 2014-12-1jrVenda`V.c1Net_12_10.docx Page 257 D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Administration of Contract. Each party designates the individuals (Contract Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. The City may extend the Agreement for up to Three (3) additional One (1) year terms, by providing written notice to Consultant no fewer than Sixty (60) days prior to the end of any one year term. G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. I. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. Page 14 Two Party Agreement Between the City of Chula vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0utlook\XI1fU8LYI McFarlane Two-Party Consultant 2014-12 pp'W gn a a ININAL 12 t0.docx — — Page 258 L. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 15 Two Parry Agreement Seeweee the Cljy of Chula Mimi and A*Farlr►ae hwowatlons,lire to Coordinate HarberFesv 213 C:lUsersi[mvnlAppl7�la'Local'Micra4attlWituiowsll'ctnpamry lntcrecl FilLsCbntot.[hrtlonk\XIi iUHLY I%Md arlanc Two-I'a ly Cwml mill 2014-12-1WWWitd*faRM1._12_II}. —,, Page 259 Signature Page to Agreement between City of Chula Vista and McFarlane Promotions, Inc. To Provide Event Planning Services for HarborFest 2015 IN WITNESS WHEREOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista By: Mary Salas Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney m tions, In Laurel McFarlane CEO Exhibit List to Agreement: Exhibit A Page 16 Two Party Agreement Between the City of Chain Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Lama\AppData\L.ocalMicrosoft\Windows\Temporary Internet Fi1es\ContenL0utlook\XIHU8LY[\McFarlane Two-Party Consultant Agreement draft FINAL_12_l0.docx 2014-12-16 Agenda Packet Page 260 Exhibit A to Agreement between City of Chula Vista and McFarlane Promotions, Inc. 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) The Chula Vista Public Financing Authority, a ( ) The Chula Vista Industrial Development Authority, a ( ) Other: , a [insert business form] (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Laurel McFarlane 5. Business Form of Consultant: O Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 656 Fifth Ave, Suite B, San Diego, CA, 92101 Phone: 619-233-5008 Fax: 619-233-0898 7. General Duties: Page 17 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\L.aiva\AppData\L.ocal\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XIHU8LYI\McFarlane Two-Party Consultant 2014-12- .Fl _k 12 Page 261 The Consultant will develop and implement a strategic plan to coordinate all activities and logistics related to HarborFest 2015 which includes but is not limited to music performances, performance stages, engaging educational exhibits with interactive programs, boat and ship tours, harbor activities, fishing, exotic cars, a youth zone, and more. HarborFest also holds ticketed events including a Food/Culinary Festival and a Wine /Beer/Spirits Tasting Festival. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Production and Technical Services Consultant shall perform the following tasks: Scheduling & Optimization • Work with City to establish an event budget • Create a timeline for the event • Coordinate with City to decide on format of the evening • Attend four pre-event meetings • Produce a production schedule of items, with all appropriate parties, outlining all steps in pre-production, load in of the event, the event, and load out of the event • Oversee the event before, during and after the event • Write and disseminate appropriate thank you cards Management • Work with event managers to ensure that production expenses do not exceed budgeted costs • Order and coordinate the power • Order and coordinate the audio for the event • Order and coordinate staging • Order and coordinate lighting for stage and venue (if needed) • Order and coordinate clean up and dumpsters • Order and coordinate porta potties/restrooms • Order and coordinate the EMT • Secure event radios for entire production staff • Coordinate Wine/Beer/Spirits Garden • Coordinate Culinary Festival • Order all rentals for the entire event(i.e., belly bars, bars, tables, chairs, tent, etc.) • Be the onsite rental coordinator for the venue • Make sure the rentals are going up on schedule • Make sure every booth and area has the necessary rentals • CAD drawing and Mapping Services • Coordinate backstage green rooms, vendor booths, Front of House, stage rentals, VIP, event belly bars, etc. • Secure and coordinate the street closure plan • Order all street closure signs, barricades, delineators, no park signs, etc. • Act as onsite street closure coordinator • Secure all event signage as necessary for the venue Page 18 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content_Onttook\XIHU8LYI\NICFarlane Two-Party Consultant A ment draft FINAL 12 IO,docx 2014-12-1genda Packet — — Page 262 • Coordinate staff to assist with signage plans • Coordinate with City waste disposal design, scheduling, coordination, recycling and storm water plan. City to take lead on waste disposal and recycling. • Create pre, during and post-event cleaning plan • Budget, coordinate and schedule security • Secure and coordinate VIP/paid parking lots • Create all security post positions and instructions • Work with security on creating dot map • Create credential board for the security posts • Create all event credentials and credential definitions • Assist with all sponsor production requests Meetings and Permitting • Attend all community meetings • Attend all necessary internal, merchant and city meetings • Secure all special event permits the City of Chula Vista • Secure Health Department license for the event with the County of San Diego • Interact with Chula Vista city officials to secure appropriate approvals and permits including but not limited to; o ABC • Traffic • Police • Fire • Risk management • Special Events Office • Health Department—County of San Diego • Electrical • Recycle • EMS • Park and Rec • Port of San Diego • NITS • Etc. • Secure all necessary insurance from all production vendors naming the City of Chula Vista as additionally insured Retail & Food Vendor Coordination • Create vendor participation form • Mail & email out vendor form and follow up with phone calls • Secure all venue retail, food, food trucks and non-food vendors • Secure all vendor insurance and health permits necessary for the event • Secure all vendor payments ■ Coordinate all necessary rental and power needs for each vendor • Make sure all vendors follow recycling and storm water regulations • Communicate with all participating vendors prior to event to make sure they are aware of all regulations, guidelines, etc. Page 19 Two Party Agreement Between the City of Cluda vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XIHU8LYI\McFarlane Two-Party Consultant A gm �FA l0.docx g 2014-12-1e� en ent a ra ac INet L l2- - Page 263 • Create temporary load-in parking passes for vendors and long-term passes (if applicable) • Handle all vendor calls/emails before, during and after event • Assist non-profits with all of their needs for the event if they receive booths • Fulfill all sponsorship booths and day of needs • Map out placement of all vendors • Assist with load-in of all vendors to ensure they know their booth placement, stay within their allotted space and all of their needs are met • Act as liaison to all vendors during event • Coordinate the load out of all vendors to make sure residential and merchant guidelines are followed • Send thank you letters to participating vendors and follow up to make sure the event was successful from their perspective Youth Zone • Create participation form for arts & crafts and interactive booths • Secure all participants utilizing current database and use of research to find fresh and exciting ideas • Coordinate outdoor games and contests with prizes • Secure entertainment for stage • Communicate with participants before, during and after event • Assist with any additional logistics, permits, etc. (if needed) • Coordinate layout and design • Secure all rental and power requirements for area • Create signage for each participant that corresponds with the ticket value • Organize any vendors or sponsor needs • Inform all participants of day-of information to include load in and out logistics, regulations, etc. • Coordinate load in and out of venue on event day • Work with participants to make sure they are in correct booth space and all needs are taken care of • Communicate with all participants about ticketing procedures • Send out thank you letters to all participants • Create schedule of children's activities, contests, etc. • Assign coordinator to oversee the schedule of the children's area Car & Boat Show • Create car and boat registration forms • Mail, collect and manage entries for both car and boat show • Work with local Car Clubs & Boat Clubs to solicit their participation • Create a database of entries for both car and boat show • Send out acceptance letter for both car and boat show • Liaison for car and boat entrants prior and during the event • Coordinate load in and parking of cars and boats • Work with Fire Marshall to make sure all cars and boats are following rules and city regulations • Coordinate load out of vehicles and boats Page 20 Two Party Agreement Between the City of Chula Vista and McFarlane Promolions,Inc to Coordinate NarborFesl 2015 C:\Users\Lanra\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utIookWHU8LYI\McFarlane Two-Party Consultant A eement draft FINAL 12 10.docx 2014-12-16 Agenda Packet - - Page 264 Culinary Fest & Wine/Craft Beer/Spirits Garden • Create restaurant and wine/craft beer garden registration forms • Solicit participation for Culinary Fest and Wine/Craft Beer/Spirits Garden • Mail, collect and manage participants for both areas • Create a database for participants for the Culinary Fest and Wine/Craft Beer/Spirits Garden • Liaison for restaurants, wineries and breweries prior and during the event • Coordinate load in and load out for both areas • Work with health department to make sure all restaurants and beverage vendors are following the rules and regulations Entertainment Management • Research entertainment for the event • Secure and contract entertainment for all stages • Communicate all entertainment needs with appropriate vendors; i.e. sound, lighting, etc. • Review and follow through with all entertainment riders for event • Secure entertainment stage plots and input lists • Coordinate meals • Coordinate parking • Coordinate green room requirements • Finalize all equipment needs • Act as entertainment liaison for the show Sponsorship Information • Secure sponsor contracts once sponsors are confirmed • Obtain logos, company information, advertisements, special deals and website link from sponsors to use on collateral materials and website • Maintain open relationship with sponsors to ensure agreement and needs are met • Send thank you cards to sponsors after event and follow up to make sure they were pleased with participation Media/Press Plan Television • Pitch live spots for pre-event & day of coverage to the following TV Stations and act as media liaison, generate and distribute press release, PSA's media alerts, etc.: • KUSI—TV • KFMB —TV • KNSD —TV • KGTV—TV • SD6—TV • FOX 5 —TV • MYTV 13 —TV • U—T TV Page 21 Two Party Agreement Between the City of Chn[a Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0utlook\XlHU8LY[\McFarlane Two-Party Consultant A eg�nent raft_FVAL 12 10.docx g 2014-12-1� en a Pracet— — Page 265 Radio • Contact local radio stations to receive proposals for event promotion • Review Radio Contracts • Distribute event graphics, public service announcements, etc. to radio stations for promotions • Secure and distribute promotional materials (i.e. gift certificates, product, discounts, etc.) for Radio promotions • Make sure all event information is up on radio websites • Obtain sound clips from promotional spots for records Graphic Design • Create list of graphic design needs and send out for bids • Obtain bids from graphic designers and select graphics designer • Work with graphic artist to create and secure all collateral materials including but not limited to: -Advertising -Posters -Flyers -Wine/Beer/Spirits Garden Tickets, etc. for the event -Programs -Merchandise Additional PR/Promotion Plan • Initial Calendar Item release to all media • Initial Press Release • Media Alert • Work with graphic designer on all collateral material • Create and secure all collateral materials including but not limited to; advertising, posters, flyers & tickets • Placement of promotional material (flyer, poster, etc.) in area restaurants, retail, bars, etc. Web Promotions ■ Upload event information to over 100 event web listings Twitter • Create or work with existing Twitter account and build a strong follower list • Utilize Twitter to send updates to the public, publications and other followers with event updates including Youth Zone, Car Show and Entertainment, as well as sponsorship fulfillment and more Facebook • Create or work with existing Facebook account and build a strong friend list • Utilize Facebook to send status updates to friends with event updates including Youth Zone, Car Show and Entertainment, as well as sponsorship fulfillment and more Post Event Press Plan Page 22 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,lac to Coordinate HarborFest 2015 C:\Users\Laura\AppData\LocalWticrosoft\Windows\Temporary Oiternet Files\Content.Olttlook\XIHU8LYI\NkFarlane Two-Party Consultant Agreement draft FINAL 12 IO.docx 2014-12-16 Agenda Packet - - Page 266 ■ Organize, write and distribute media recap to include all articles, calendar notices, press, and television coverage Consultant shall contract directly with all event vendors, sponsors, advertisers, and all others necessary to accomplish the above tasks. B. Date for Commencement of Consultant Services: (X)Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Develop Overall Event Strategic Plan—by March 31, 2015 Deliverable No. 2: Develop and Implement Promotion/Public Relations Plan — by May 31, 2015 Deliverable No. 3: Develop and Implement Event Production Plan—by July 31, 2015 D. Date for completion of all Consultant services: November 30, 2015 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount:, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or Page 23 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conten t.OutlookWHUSLYI\McFarlane Two-Party Consultant A eement draft FINAL 12 10.docx 2014-12-1 Agenda Packet — — Page 267 such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X)Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. Upon Execution of Agreement $ 7,500 2. Develop Strategic Plan—March 30, 2015 $ 7,500 3. Develop Promotional Program—May 31, 2015 $ 7,500 4. Develop Event Production Plan—July 31, 2015 $ 7,500 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. O Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Page 24 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\L.awa\AppData\Local\Microsoft\Windows\Temporary lntemet Files\Content.Outlook\XIHUBLYI\McFarlane Two-Party Consultant Agreement draft FINAL 12 l0 docx 2014-12-16 Agenda Packet- - Page 268 Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other"reimbursables" (Maximum Compensation). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. O Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ $ O Copies, not to exceed $ $ ( ) Travel, not to exceed $ $ ( ) Printing, not to exceed $ $ ( ) Postage, not to exceed $ $ ( ) Delivery, not to exceed $ $ ( ) Outside Services: $ ( ) Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ Consultant to develop a budget for all direct costs for HarborFest 2015 including but not limited to advertising, printing, signage, audio visual, staging, musicians, rental items (tables, chairs, tents, etc.), porta potties, or other items agreed to by the parties. Actual direct costs expected to range from$110,000 to $120,000. Page 25 Two Party Agreement Between the City of Chula Vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Flles\Content.Ontloo MMHUCY[\McFarlane Two-Party Consultant Agreement draft FINAL 12 10.docx 2014-12-16 Agenda Packet— — Page 269 In addition to the above described compensation, City agrees to pay Consultant $1,000 monthly fee (effective June 15, 2015 —August 15, 2015) for collecting and processing HarborFest revenues and expenditures. City further agrees to reimburse Consultant for all credit card processing fees incurred collecting event revenues. Consultant will invoice City monthly for these services, including an accounting of credit card processing fees due. Fee Collection, Ticket Sales, Process and Pay Invoices Consultant agrees to collect and process all HarborFest revenues and security deposits for vendors, commercial and non-profit booth rentals, and ticket sales for Culinary Fest, Beer Fest, and Wine Fest. These payments may be in the form of a check, credit card, or cash. Consultant will contract with vendors and use funds collected to pay for expenses pre-approved by City, including but not limited to advertising, printing, signage, audio visual, staging, rental items (tables, chairs, tents, etc.), porta potties, or other items agreed to by the parties, but only to the extent of available funds. The City will advance funds to City to pay approved day-of expenses to the extent of available funds. City must provide an invoice for projected day-of expenses at least 10 days in advance of HarborFest event date. In addition to funds collected by Consultant, City will receive and process all sponsor and donation funds and pay for larger expenses such as staging, power, and rentals (to the extent of available funds). Within 90 days of event, Consultant will provide a full accounting of all payments received and expenses paid. This accounting will include a detailed accounting of all vendor, commercial and non-profit booth rentals and a summary accounting of ticket sales for Seafood Fest, Beer Fest and Wine Fest. In addition, Consultant will provide an itemized accounting of all expenses paid, including copies of invoices and cancelled checks. Any funds remaining on account with Consultant after payment of all event expenses will be remitted to City. 12. Contract Administrators: City: Anne Steinberger Consultant: Laurel McFarlane 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2.02): (X)Not Applicable. Not an FPPC Filer. Page 26 Two Parry Agreement Between the City of Chula vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laiva\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XIHU8LYIMcFarlane Two-Party Consultant A eemen[ draft FINAL 12 10_docx 2014-12-1�Agen a Packet- - Page 270 O FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. ( ) Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. ( ) List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly Page 27 Two Party Agreement Between the City of Chula vista and McFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.OLltlookUUHUBLYI\McFarlane Two-Party Consultant Agreement draft FINAL 12 10,docx 2014-12-16 Agenda Packet — — Page 271 ( ) Quarterly O Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month O 15th Day of each Month O End of the Month (X)Other: Per deliverable schedule detailed in l0A C. City's Account Number: TO BE ASSIGNEI)l 18. Security for Performance O Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or"Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: ( ) Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. Page 28 Two Party Agreement Between the City of Chula Vista and dlcFarlane Promotions,Inc to Coordinate HarborFest 2015 C:\Users\Laura\AppData\Local\Microsoft\Windows\Temporary Intemet Files\Content.0utIook\XIHU8LYI\MCFarlane Two-Party Consultant A emeat draft FINAL 12 l0.docx 2014-12-1 �genda Packet - - Page 272 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0628, Item#: 16. CONSIDERATION OF APPROVAL OF A TENTATIVE SUBDIVISION MAP TO SUBDIVIDE A .98- ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP AT 386 DATE STREET; APPLICANT: IBERIA PROJECT MANAGEMENT, LLC RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-13-01 TO SUBDIVIDE A .98-ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP LOCATED AT 386 DATE STREET RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY The Applicant has submitted a Tentative Subdivision Map application in regard to the subdivision of five (5) single-family lots for individual ownership. The .98-acre project site located at 386 Date Street, is south of Main Street and west of the 1-805 Freeway. The project site is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (see Locator Map, Attachment 1). 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 Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION The Planning Commission considered the Tentative Subdivision Map on November 12, 2014 and voted (5-0-2-0) to recommend that the City Council approve the proposed Tentative Subdivision Map to subdivide a .98 acre site into five (5) single-family lots for individual ownership. DISCUSSION Project Site Characteristics: The project is comprised of one parcel located in the urbanized southwestern portion of the City of Chula Vista (Attachment 1-Locator Map). The project site is relatively flat and gradually slopes downward towards the southwestern portion of the site. Vehicular access is currently provided from a driveway located on Date Street. The project site is currently vacant. The parcel is surrounded by residential and open space uses. General Plan, Zoning and Land Use City of Chula Vista Page 1 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 273 File#: 14-0628, Item#: 16. The following table specifies the existing land uses surrounding the parcel: General Plan Zoning Current Land Use Site: RLM Single-Family Residential (R1-5P) Vacant North: RLM Single-Family Residential (R1-5P) Single-Family Home South: Open Space Limited Agriculture (A70) Open Space East: RLM Single-Family Residential (R1-5P) Single-Family Home West: Open Space Agriculture (A8/F1)* Open Space * Located within the City of San Diego jurisdiction. Project Description: The Tentative Subdivision Map consists of five (5) residential lots served by a 24 ft. wide private road that narrows down to a 20-ft. wide private road within the Fire Department turn around area, connecting the project to Date Street (see Project Plans, Attachment 5). Each lot will eventually consist of a future single-family residence with a two-car garage. The homes will access the 2-car garages off of the private driveway. Street improvements within the right-or-way will include a 5-foot wide sidewalk, and curb and gutter to match the adjacent public improvements. The individual lots range in size from 5,074 sq. ft. to 6,734 sq. ft. Each lot has an approximately 2-ft. to 3-ft. slope generally surrounding the pad area (see Project Plans, Attachment 5). In order to create the building pads, grading of the site would consist of moving approximately 5,500 cu. ft. of soil from one location to another or bringing in additional soil to create a level pad area. ANALYSIS Tentative Map Subdivision Design The subdivision design consists of five lots served by a private driveway with access from Date Street. Each lot will consist of one (1) single-family home with a two-car garage. As part of the Tentative Subdivision Map the homeowners' association, will be responsible for the maintenance of the private driveway, landscaping, and bio-retention area. The proposed project would be consistent with surrounding single-family development and would complement the area. The subdivision design is in conformance with the City's Subdivision Manual, Zoning Ordinance and other associated regulatory documents. Drainage The proposed drainage improvements will consist of sheet flow along valley gutters that discharge the runoff into a bio-retention area. Additional Best Management Practices (BMPs) are included as City of Chula Vista Page 2 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 274 File#: 14-0628, Item#: 16. part of the project design. The proposed project will collect the existing runoff and treat it in accordance with current BMP methods and discharge to the bio-retention basin located on the southwest side of the lot. No adverse impacts to the City's drainage threshold standards will occur as a result of the proposed project. The proposed improvements are adequate to handle the project storm water runoff generated from the site. A final drainage study will be required prior to issuance of any building permit. Public Facilities Sewer The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Date Street including an existing off-site 8" sewer main, along the frontage of the proposed project site. The Applicant will be required to submit a final sewer study prior to connecting to the City's sewer system. Emergency Services The terminus of the private driveway will be a fire department turnaround area. The Fire Department has reviewed the proposal and approved the proposed turn-around radius. A private fire hydrant shall be installed adjacent to the bio-retention area along the southern property line in accordance with the requirement of the Fire Department. Parks and Open Space There is a recreation center and a park located near the Project site. The Otay Gym and Recreation Center is located .79 miles and Otay Park is located 1 .06 miles northwest of the Project site. The Otay Valley Regional Park staging area is located at the foot of Mace Street, .88 miles northwest of the Project site. The Applicant will be required to pay in-lieu park fees pursuant to the Park Acquisition and Development (PAD) Ordinance requirement. Schools The project is within the boundaries of the Chula Vista Elementary School District, which serves children Kindergarten through Grade 6. The nearest public school is Otay Elementary School, which is 0.97 miles from the site. The project is also within the boundaries of the Sweetwater Union High School District. The nearest public schools are Castle Park High School, 1 .29 miles, and Palomar High School 2.57 miles north of the Project site. The Applicant will be required to pay applicable developer fees based upon assessable area. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any 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 City of Chula Vista Page 3 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 275 File#: 14-0628, Item#: 16. The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Project implements the City's Strategy 2.1, which provides policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city. Furthermore, it implements the City Initiative 2.1.2; Foster Opportunities for Investment in Western Chula Vista, by developing a vacant site with the proposed development of a multi-family project. CURRENT YEAR FISCAL IMPACT Fiscal impact analysis are not required for small scale infill developments because they are located in areas that have existing city services and these small projects do not create a significant burden or a need to increase public services to serve these projects. Therefore, the estimated fiscal impact of the project is neutral or slightly positive based on the increases in assessed valuation of the property upon completion of the project. The application fees and processing costs are paid for by the Applicant. There is no impact to the General Fund. ONGOING FISCAL IMPACT Not applicable. ATTACHMENTS 1. Locator Map 2. Planning Commission Resolution, PCS-13-01 3. City Council Resolution, PCS-13-01 4. Disclosure Statement 5. Project Plans Staff Contact: Caroline Young City of Chula Vista Page 4 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 276 —------——-------------- INI S' N M 7 E)Si ............. 00,i jL -4 CITY OF CHULA VISTA CITY OF SAN DIEGO ........... --T- T, t PROJECT IOCATION F s b! M r r jo M J L t ry 7 R, T A., '7 .......... i 14 -------17 C H U L. A VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTIM APPLICANT. Joeria Project Management, LLC TENTATIVE MAP PROJECT ADDRESS: 386 Date St Project Summary: 386 Date St Tentative Map for(5)single family dwellings on 98 acres in the R1-5P zone SCALE: FILE NUPAeFR: N OR'TH No Scale 3-01 Related cases:IS 13-003 a!03.22 13 Page 277 Aftc1chment I RESOLUTION NO. PCS 13-01 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT TENTATIVE SUBDIVISION MAP PCS-13-01 TO SUBDIVIDE A.98 ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP AT 386 DATE STREET. APPLICANT: IBERIA PROJECT MANAGEMENT,LLC WHEREAS, on March 7, 2013, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Development Services Department by Iberia Project Management, LLC (Applicant); and WHEREAS, the application requests approval to subdivide five (5) single-family lots for individual ownership (Project); and WHEREAS, the area of land that is the subject of this Resolution is an existing .98-acre parcel located at 386 Date Street(Project Site); and WHEREAS, the Development Services Director reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to Section 15332 of the State CEQA Guidelines. Therefore,no further environmental review is required; and WHEREAS, the Development Services Director set the date for the hearing of the Tentative Subdivision Map application, and notice of the hearing, together with its purpose, was mailed to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the said hearing date; and WHEREAS, the hearing was held at the time and place as advertised, namely November 12, 2014 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed; and WHEREAS, the Planning Commission having received certain evidence on November 12, 2014, as set forth in the record of its proceedings therein, as set forth in their recommending Resolution PCS-13-01 recommends that the City Council approve the Project, based on certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached City Council Resolution approving Tentative Subdivision Map PCS-13-01, to subdivide a .98 acre site into five (5) single-family lots for individual ownership. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. Attachment 2 2014-12-16 Agenda Packet Page 278 Page 2 November 12, 2014 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of November, 2014, by the following vote, to- wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo,Chairperson ATTEST: Pat Laughlin, Secretary Presented by: Approved as to form by: Kelly Broughton, FSALA Glen R. Googins Development Services Director City Attorney J:\Planning\Caroline\DescretionaryPermits\386 Date Street\PCS-13-01 PC Reso.doc 2014-12-16 Agenda Packet Page 279 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TENTATIVE SUBDIVISION MAP PCS-13-01 TO SUBDIVIDE A .98 ACRE SITE INTO FIVE (5) SINGLE-FAMILY LOTS FOR INDIVIDUAL OWNERSHIP LOCATED AT 386 DATE STREET I. RECITALS 1. Project Site WHEREAS, the parcel, that is the subject matter of this resolution, is represented in Exhibit 1, attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 386 Date Street, Chula Vista; and 2. Project; Applications for Discretionary Approval WHEREAS, on March 7, 2013, a duly verified application for a Tentative Subdivision Map was filed with the City of Chula Vista Development Services Department by Iberia Project Management, LLC (Applicant) for the subdivision of a .98 acre site into five (5) single-family lots for individual ownership and associated site improvements at 386 Date Street(Project); and 3. Environmental Determination WHEREAS, the Development Services Director reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Categorical Exemption pursuant to Section 15332 (In-fill Development Projects) of the State CEQA Guidelines. Therefore, no further environmental review is required; and 4. Planning Commission Record on Application WHEREAS, on November 12, 2014, a hearing time and place was set by the Development Services Director for said Tentative Subdivision Map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised,namely November 12, 2014, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Tentative Subdivision Map PCS-13-01; and Attachment 3 2014-12-16 Agenda Packet Page 280 City Council Resolution No. 2014- Page 2 WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended by a vote of 5-0-2-0 that the City of Chula Vista City Council approve the Tentative Subdivision Map (PCS-13-01) for the subdivision of a .98 acre site into five (5) single-family lots for individual ownership at 386 Date Street; and 5. City Council Record on Application WHEREAS, a hearing time and place was set by the Development Services Director for consideration of the Project and notice of said hearing, together with its purpose,was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised, namely December 16, 2014 at 2:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine, and resolve as follows: IL TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein, is in conformance with the elements of the City's General Plan,based on the following: 1. Land Use The General Plan land use designation is Residential Low Medium (3-6 dwelling units per gross acre). The implementing zone is RI-5P Single-Family Residential which allows up to 5 dwelling units per net acre. The proposed 5-lot subdivision will be developed at a density of 5 dwelling units per gross acre, which is within the allowable density and permitted number of dwelling units. 2. Circulation All off-site public streets required to serve the subdivision already exist or will be constructed or paid for by the Applicant in accordance with the Conditions of Approval. The on-site public street is designed in accordance with the City design standards and/or requirements and provides for vehicular and pedestrian connections. 3. Public Facilities The Project has been conditioned to ensure that all necessary public facilities and services will be available to serve the Project concurrent with the demand for those services. There are no public service, facility, or phasing needs created by the Project that warrants the preparation of a Public Facilities Financing Plan. 2014-12-16 Agenda Packet Page 281 City Council Resolution No. 2014- Page 3 4. Housing The Project is consistent with the density prescribed within the Residential Low Medium General Plan designation, and provides additional opportunities for single- family residential home ownership in the southwestern portion of the City. 5. Growth Management The surrounding street segments and intersections including Date Street and Date Court and Date Street and Main Street will continue to operate at the same Level of Service in compliance with the City's traffic threshold standard with the proposed project traffic. No adverse impact to the City's traffic threshold standards would occur as a result of the proposed project. The Project site is located in the attendance area of Otay Elementary School, within the boundaries of the Chula Vista Elementary School District. The Project is also within the attendance area of Castle Park High School and Palomar High School, within the Sweetwater Union High School District. The Applicant will be required to pay applicable developer fees based upon assessable area. The proposed drainage improvements for the lot will consist of sheet flow along valley gutters that discharge the runoff into a bio-retention area. The proposed project will collect the existing runoff and treat it in accordance with current BMP methods and discharge to the Bio-retention basin located on the southwest side of the lot. The project site is within the boundaries of the City of Chula Vista wastewater services area. The existing area sewer facility system has sewer lines along Date Street including an existing off-site 8" sewer main, along the frontage of the proposed project site. The Applicant will be required to submit a final sewer study prior to connecting to the City's sewer system. 6. Open Space and Conservation The project proposes single-family homes that meet the minimum open space requirement per the Chula Vista Municipal Code. The project would also be required to pay in-lieu park fees towards the acquisition and development of future parks. The development of the site is consistent with the goals and policies of the Conservation Element. 7. Parks and Recreation The proposed project would not induce significant population growth, as it is a small residential infill project and would not impact existing or proposed recreational facilities. The Project has been conditioned to pay park acquisition and development fees prior to recordation of the Final Map. 2014-12-16 Agenda Packet Page 282 City Council Resolution No. 2014- Page 4 8. Safe The City Engineer, Fire and Police Departments have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets those standards. 9. Noise The Project has been reviewed for compliance with the Noise Element and will comply with applicable noise measures at the time of issuance of the building permit. 10. Scenic Highway This Project Site is not located adjacent to or visible from a designated scenic highway. B. Pursuant to Government Code Section 66473.1 of the Subdivision Map Act, the configuration, orientation, and topography of the site allows for the optimum siting of lots for natural and passive heating and cooling opportunities and development of the site will be subject to site plan and architectural review to insure the maximum utilization of natural and passive heating and cooling opportunities. C. Pursuant to Government Code Section 66412.3 of the Subdivision Map Act, the Council has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. D. The site is physically suited for residential development because it is generally level and is located adjacent to existing residential developments. The Project conforms to all standards established by the City for a residential development. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. III. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. 2014-12-16 Agenda Packet Page 283 City Council Resolution No. 2014- Page 5 BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. IV. TENTATIVE MAP GENERAL CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related Final Map as determined by the Development Services Director and the City Engineer, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances,unless otherwise excused by the City. Should conflicting wording or standards occur between these Conditions of Approval, any conflict shall be resolved by the City Manager or designee. GENERAL/DEVELOPMENT SERVICES 1. Applicant shall develop and maintain the Project Site in accordance with the approved plans, which include site plans, floor plan, and elevation plan on file in the Planning Division, the conditions contained herein, and Title 19. 2. Prior to, or in conjunction with the issuance of the first building permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DQ-1720. 3. If applicable, to avoid any direct impacts to nesting raptors and/or any migratory birds, removal of habitat that supports active nests on the proposed area of disturbance should occur outside of the breeding season for these species (January 15 to August 31). If removal of habitat on the proposed area of disturbance must occur during the breeding season, the applicant shall retain a City-approved biologist to conduct a pre-construction survey to determine the presence or absence of nesting birds on the proposed area of disturbance. The pre-construction survey must be conduction within 10 calendar days prior to the start of construction activities (including removal of vegetation). The applicant shall submit the results of the pre-construction survey to the City for review and approval prior to initiating any construction activities. If nesting birds are detected, a letter report or mitigation plan as deemed appropriate by the City shall be prepared and include proposed measures to be implemented to ensure that disturbance of breeding activities is avoided. The report or mitigation plan shall be submitted to the City for review and approval and implemented to the satisfaction of the City. The City's Mitigation Monitor shall verify and approve that all measures identified in the report or mitigation plan are in place prior to and/or during construction. 2014-12-16 Agenda Packet Page 284 City Council Resolution No. 2014- Page 6 Land Development Division/Landscape Architecture Division: 4. Developer shall comply with all standard tentative map conditions pursuant to Resolution 2010-278 and all the development conditions listed below: 5. Before issuance of the 1St building permit for the project, the Applicant is required to dedicate a 7.50' easement for public highway purposes, in addition to any right-of-way necessary to construct the other half of the existing cul-de-sac, or the proposed knuckle, at the terminus of Date Street. 6. Before issuance of the 1St building permit for the project, the Applicant is required to construct street improvements along the frontage of his/her property matching existing street improvements. Date Street is required to be constructed to ultimate City of Chula Vista design conditions to the satisfaction of the City Engineer. 7. Prior to building permit approval for each lot, the Applicant shall pay the appropriate park obligations fee for new single family homes per Chula Vista Municipal Code (CVMC) Chapter 17.10. Fire Department: 8. Fire Hydrants shall be located no greater than 500 feet apart (for single family residences) 9. The Applicant shall maintain a minimum 20 feet access driveway. 10. Grades for any access roadway shall be restricted to the following • Asphalt< 11% • Concrete => 11% The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 11. Approval of this request shall not waive compliance with any sections of the CVMC, and any other applicable City Ordinances in effect at the time of building permit issuance. 12. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval of this tentative map and (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated on the Project Site. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Resolution where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 2014-12-16 Agenda Packet Page 285 City Council Resolution No. 2014- Page 7 13. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 14. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head,with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 15. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; and/or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. V. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy returned to the City's Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant's desire that the project, and the corresponding application for building permits and/or a business license,be held in abeyance without approval. Signature of Property Owner Date Signature of Applicant Date VI. CONFORMANCE WITH CITY SUBDIVISION MANUAL The City Council does hereby find that the Project is in conformance with the City of Chula Vista Subdivision Manual, Section 18.12 and the requirements of the Zoning Ordinance. 2014-12-16 Agenda Packet Page 286 City Council Resolution No. 2014- Page 8 VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. BE IT FURTHER RESOLVED that the Chula Vista City Council does hereby approve Tentative Subdivision Map (PCS-13-01), subject to conditions listed above for the subdivision of a .98 acre site into five(5) single-family lots for individual ownership at 386 Date Street. Presented by: Approved as to form by: Kelly Broughton Glen R. Googins Development Services Director City Attorney 2014-12-16 Agenda Packet Page 287 P I a n n i n g & B u i I d i n g D e p a r t m e n t Q7YOF Planning Division Development Processing :HULA VISTA APPLICATION APPENDIX B 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 -14 A, .oa ,(, Wt&xFrr 44� 2., If any person*identified pursuant to(1)above is a corporation or,partnership, list the names of all individuals with a$2000 investment in the business (corporationlpartnership) entity.. j 1f� 3: If any person* identified pursuant to (1) above is a non-.profit organization or trust, list the names of any person serving as direcL&,tor of the non-profit organization or as trustee or beneficiary or trustor of the trust. 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: hut, 00VA6�1 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 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 Yes_If yes, which Council member? 2014-12-16 AgendaPa*St Fourth Avenue I Chula Vista I California I 91910 (619) 6 91-5 101 Page 288 Attaclunent 4 P t a n n i n g & B u i l d i n g D e p a r t rn e n t MY Of Planning Division Development Processing CHUTA VISTA APPLICATION APPENDIX B Disclosure Statement Page 2 T. 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? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No If Yes,which official'and what was the nature of item provided? Date: o •- nature of ontra rlAppii /V' `"' 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, 276 Fourth Avenue I Chula Vista California 91910 (619) 691-5101 2014-12-16 Agenda Packet Page 289 ---NOC iOl NOISIAlaens ioi 9 COO-EL-SI'LOCL-SOd NV-ld IdAONOO AdVOS(INVI dVN 3]AliV1NEU < A H—H N 'E 7 ��iyzs 011 c AM 11 HI&OAI 00 Lou �I/ P: l W co w R4 W 9DT Al F-- F-- -0—0-0 O Q) F--C � QD O Y Q � O� O / Li, 24 Q) I� IIF__ N < 0 F 11 C\l F--LnD O SIA v 7 -P--cl/0 VZS V 75 O 1( /1 Of Z6 167 0 0 000 HIVON //NVF:S-- s W Ncca N 0 2 � W OMEZ m w� 0 �z o JO W p o Q N �Q 5v i m^ h ogO rJ3e "� W °2 o zh °so ` m,? � k w 3 U 3 333 e�t3Z33 3 � 3 3 �H,�3HO � o¢e �Z WSWw °p w s20 o s s s o g O< OQ _ --- ___Ma --m �__� ��_ - -----ow____ - - __- 1."____r_----------- 7�1,5 -1 dc ° oM i �3x W° Wa as` G o _ � n e a o _�- / 2 z - r� Q) W O W N �u o o ^dam I LL 11 Q W 0 Q / s 0 Cry Q 4 11d] cl- M c:)� Y 3N11 M/i1 In 4 N N O' Q (A Ski d7 �1/ r/ — — b1S° b7/? O /7 �o —— — —— -- --- s --- �- ° 8_' yo- 3N11 M/2 7/ (31VNill0 also loll Uu 68�/ /i ^.10 / uQ2oh 2 B99 4 1 / k 66 a U3 e 1 Q w 0 � w V� o Q m W¢O Ti of o o C�Q _- O 77° �N w� o - O a �z iii� S. 1 �� z � = m d z - = O City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0684, Item#: 17. CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED FINANCING OF THE DEVELOPMENT OF A 126-UNIT SENIOR AND 84-UNIT AFFORDABLE HOUSING DEVELOPMENT IN THE MILLENIA COMMUNITY A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA SENIOR AFFORDABLE APARTMENTS B. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA SENIOR AFFORDABLE APARTMENTS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA AFFORDABLE APARTMENTS D. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA AFFORDABLE APARTMENTS RECOMMENDED ACTION Council conduct the public hearing, and adopt resolutions A and C; Authority adopt resolutions B and D. SUMMARY Chelsea Investment Corporation (CIC) and McMillin Land Development have proposed the development and construction of a 126-unit and 84-unit affordable housing development for low income senior and family households, respectively, known as Millenia Senior and Family Affordable Apartments ("Project"). The Project is located near the southwest corner of Birch Road and Eastlake Parkway within the Otay Ranch Eastern Urban Center (EUC and also known as Millenia) master planned community. To finance the Project, CIC is requesting that the Housing Authority of the City of Chula Vista be the conduit bond issuer for an aggregate amount of $38 million in tax exempt private activity bonds for multifamily projects. The bonds will be secured by the project and will not constitute a liability to or obligation of the City of Chula Vista or Housing Authority. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was City of Chula Vista Page 1 of 4 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 293 File#: 14-0684, Item#: 17. adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR 07- 01 . Therefore, no further CEQA review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION On November 20, 2014, the Housing Advisory Commission voted to recommend the development of Millenia Senior and Family Apartments as an affordable rental communities and the issuance of tax exempt private activity bonds. DISCUSSION The City of Chula Vista and its Housing Authority received a request from Chelsea Investment Corporation (CIC or Applicant) to consider issuance of up to $38 million in private activity bonds for multi-family projects to support the construction of a 126 units of senior and 84 units of family rental housing ("the Project") within Otay Ranch Eastern Urban Center (Exhibit 1 - Locator Map). The Project is proposed to satisfy the Balanced Communities Affordable Housing obligation The Applicant is currently preparing an application for both the California Debt Limit Allocation Committee (CDLAC) and the California Tax Credit Allocation Committee for bonds and Tax Credits to substantially finance the Project. The CDLAC application will be submitted in March 2015. At this time, staff is requesting that the Chula Vista Housing Authority express its preliminary intent to apply for and issue bonds for the Project. The City Council is also asked to hold a public hearing to consider the Housing Authority's issuance of tax exempt bonds for the financing of the Project at such time a bond allocation is received. The requested actions are preliminary and do not commit the Authority to issue the bonds. Such preliminary actions are requirements for application to the State bonding authority which will allow CIC to receive reimbursement out of bond proceeds for costs it incurs leading up to the actual sale of the bonds. If successful in obtaining a bond commitment from CDLAC, CIC will come back to the Authority to request final approval of the necessary documents for the issuance of the bonds. Resolutions presented for the City Council's and Housing Authority's consideration have been prepared by Stradling Yocca Carlson & Rauth, serving as bond counsel for the City of Chula Vista and its Housing Authority. The Applicant Chelsea Investment Corporation (CIC) has developed several projects in Chula Vista, primarily in eastern Chula Vista, to satisfy developers' Balanced Communities Affordable Housing obligations (Teresina Apartments, Rancho Buena Vista Apartments, Villa Serena and The Landings I and II). CIC has over 6,300 housing units in its portfolio. The company has a strong and experienced team of professionals. CIC has successfully managed low income housing units for over 30 years. CIC is qualified and has demonstrated an ongoing desire and commitment to partner with the City in the development of another affordable housing project. The Proposed Project and Benefits Millenia Affordable Housing development will be built within the Otay Ranch EUC subdivision of Chula Vista. As the urban heart of Otay Ranch, the EUC will contain the largest concentration of retail, employment, residential, civic and cultural uses. The Project site is located near the southwest corner of Birch Road and Eastlake Parkway and will provide future City of Chula Vista Page 2 of 4 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 294 File#: 14-0684, Item#: 17. residents an ideal location, with easy access to employment and education opportunities, neighborhood services within Millenia and the other adjacent neighborhoods and direct access to public transportation. The site is located along the proposed Bus Rapid Transit line and within walking distance to neighborhood services and facilities, less than a 1/3 mile is Otay Ranch Town Center, across the street is a grocery store, and within 1/3 mile are Chula Vista High Tech High and the University/Innovation District encouraging. The Project site supports a healthy living environment with its walkability. The Project will consist of a 5-story building with wrap around parking. The 210 affordable units are configured as stack flat units. 124 units will be offered as one and two-bedroom units for seniors and 86 one-three bedroom units for families. All 210 units will be available on a rent restricted basis to households whose income is at or below 50-60 percent (%) of the Area Median Income (AMI) as determined by HUD. The project will be affordable for 55-years and guarantees the availability of such housing and services for the long term. With affordable rents guaranteed, the financial strain on working families and limited income seniors is alleviated. This project will provide a balance of housing opportunities and fulfill a need in Chula Vista for rental housing for seniors and families, particularly in the neighborhoods east of Interstate 805, as outlined in the City of Chula Vista Housing Element (2013-2020). Income and Rent Restrictions Units are required to be restricted and available for occupancy by persons or families whose income does not exceed 30 to 60 percent of the area median income (AMI) for the San Diego Primary Metropolitan Statistical Area. The most restrictive rent and income limits of the applicable funding source is applied for the Project for a period not less than fifty- five (55) years, exceeding the 30-year term of the bonds, and ensures long term affordability. The income and rent restrictions are to be incorporated into the Regulatory Agreement, which will be recorded against the property (Exhibit 2 - Income Limits and Rents). Compliance with the income and rent restrictions will be subject annually to a regulatory audit and annual tax credit certification. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 55-year compliance period, and will bind all subsequent owners of Millenia Affordable Housing, so that the commitment remains in force regardless of ownership. Affordable Housing Financing CIC has requested that the Housing Authority of the City of Chula Vista consider the issuance of$38,000,000 million in private placement bonds to support the majority of the estimated $59 million ($280,300 per unit) cost of constructing the project. The tax exempt bonds will provide construction and permanent loans for both the senior and family developments ($21,019,000 for the senior and $16,981,000 for the family development). CIC will also apply for approximately $24.7 million in Low Income Housing Tax Credits. Upon allocation of a bond commitment from CDLAC, the final approval of the issuance of the bonds and the related bond documents will be presented to the Housing Authority. Conclusion Staff recommends approval of the City and Housing Authority resolutions based upon the following: • The Project offers opportunities to provide quality affordable housing to Chula Vista's working families and in a location within walking distance to neighborhood services, employment centers, and transportation links. • It is effective in serving the City's housing needs and priorities as expressed in the Housing Element of the General Plan and the HUD Consolidated Plan. • The Applicant has a proven track record in the development and operation of affordable housing within Chula Vista and California and securing the necessary public and private financing. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and Housing Authority and has found no property holdings City of Chula Vista Page 3 of 4 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 295 File#: 14-0684, Item#: 17. 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 or Housing Authority 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 development and provision of quality affordable housing for low income families and seniors within master planned communities supports the Economic Vitality goals as it promotes the development of quality neighborhoods that provide a full complement of uses and services in a balanced fashion. With only 16 percent of the housing within the areas east of Interstate-805 available as multifamily housing, the provision of 210 rental units within the Otay Ranch EUC community will expand the availability of housing opportunities for all economic segments of the community. With 57 percent of Chula Vista households earning less than the U.S. Department of Housing and Urban Development's area median income, the development of affordable housing addresses the City's Connected Community goals as it provides housing to meet residents' needs and priorities. CURRENT YEAR FISCAL IMPACT Bond financing is a self-supporting program with the owner responsible for the payment of all costs of issuance and other costs and repayment of the bonds. All costs related to the issuance of the bonds will be paid from bond proceeds or profits. The bonds will be secured by the project and will not constitute a liability to or obligation of the City of Chula Vista or Housing Authority. The City of Chula Vista Housing Authority will receive compensation for its services in preparing the bond issuance by charging an origination fee of 1/8 of 1% of the bond loan, approximately $47,500. ONGOING FISCAL IMPACT Staff costs associated with monitoring compliance of the regulatory restrictions and administration of the outstanding bonds will be reimbursed from an annual administrative fee of approximately $45,000 (based upon 1/8 of 1% of the permanent bond loan) paid to the Housing Authority by the owner. ATTACHMENTS 1. Locator Map 2. Income Limits and Rents Staff Contact:Leilani Hines, Housing Manager City of Chula Vista Page 4 of 4 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 296 EXHIBIT 1 MILLENIA AFFORDABLE HOUSING QC-xiaordw Wheran Ch-rch �S 125 1 , BIRCH- D (,t t Ora 4arketplace at (5; ndingwalk S wj r rA �N Disclaimer:Map and parcel data are believed to be accurate,but acc acy is not guaranteed.This is not a legal document and should not be substituted 1 inch=529 feet for a title search,appraisal,survey or zoning verlficabon. 11/14/2014 w 11 2014-12-16 Agenda Packet Page 297 EXHIBIT 1 MILLENIA AFFORDABLE HOUSING Income & Rent Restrictions Unit w 'Wrget Income Group Description . . . Income . Seniors 1 Bd/1 Ba 13 50% $ 31,600 $ 857 1 Bd/1 Ba 88 60% $ 37,920 $ 709 2 Bd/1 Ba 6 50% $ 35,550 $1 ,027 2 Bd/1 Ba 18 60% $ 42,660 $ 849 MGR 1 N/A N/A N/A Subtotal 126 Family 1 Bd/1 Ba 13 50% $ 31 ,600 $ 857 1 Bd/1 Ba 14 60% $ 37,920 $ 709 2 Bd/1 Ba 6 50% $ 35,550 $1 ,027 2 Bd/1 Ba 27 60% $ 42,660 $ 849 3 Bd/2 Ba 3 50% $ 39,450 $ 978 3 Bd/2 Ba 19 60% $ 47,340 $1 ,183 MGR 2 N/A N/A N/A Subtotal 84 Total 210 2014-12-16 Agenda Packet Page 298 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA SENIOR AFFORDABLE APARTMENTS WHEREAS, the Housing Authority of the City of Chula Vista (the "Authority") intends to issue not to exceed $21,019,000 aggregate principal amount of multifamily housing revenue bonds (the "Bonds") to finance the acquisition and development of a 126-unit multifamily rental housing project for seniors (the "Project") located near the southwest corner of Birch Road and Eastlake Parkway within the Otay Ranch Millenia master planned community in the City of Chula Vista, California(the"City"); and WHEREAS, the Project will be owned and/or operated by Chelsea Investment Corporation, or another limited partnership affiliated with Chelsea Investment Corporation (the "Owner"); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Bonds are required to be approved, following a public hearing, by an elected representative of the governmental unit having jurisdiction over the area in which the Project is located; and WHEREAS,the Project is located wholly within the geographic jurisdiction of the City; and WHEREAS,the City Council (the"City Council") is the elected legislative body of the City; and WHEREAS,the City has caused a notice to appear in the Star News,which is a newspaper of general circulation in the City, on November 28, 2014 to the effect that a public hearing would be held by the City Council on December 16, 2014, regarding the issuance of the Bonds by the Authority; and WHEREAS, on December 16, 2014,the City Council held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Chula Vista, as follows: Section 1. The City Council does hereby find and declare that the above recitals are true and correct. Section 2. Pursuant to Section 147(f) of the Code, the City Council hereby approves the issuance of the Bonds by the Authority in one or more series, in an aggregate principal amount not to exceed $21,019,000 and with a final maturity not later than 45 years from the date of issuance to finance the acquisition, construction and equipping of the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the applicable 2014-12-16 Agenda Packet Page 299 Resolution No. Page 2 elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f). Section 3. This Resolution shall take effect from and after its adoption. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-12-16 Agenda Packet Page 300 RESOLUTION NO. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA AFFORDABLE APARTMENTS ("MILLENIA SENIOR APARTMENTS") WHEREAS, the Housing Authority of the City of Chula Vista (the "Issuer") desires to assist Chelsea Investment Corporation (the "Applicant") in financing the costs of developing a multifamily rental housing project ("Millenia Senior Apartments"), as described Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the Issuer intends to assist in the financing of the development of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), which Obligations are expected to be issued pursuant to Chapter I of Part 2 of Division 24 the Health and Safety Code of the State of California; provided, however, that this Resolution shall not authorize the issuance of the Obligations and provided further that neither the faith and credit nor the taxing power of the Issuer shall be pledged to repay such Obligations if, and when, authorized; and WHEREAS, prior to the issuance of the Obligations the Applicant expects to incur certain expenditures with respect to the Project from its own available monies which expenditures it desires to have reimbursed from a portion of the proceeds of the sale of the Obligations if, and when, issued; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code") limits the amount of multifamily housing revenue bonds that may be issued in any calendar year by entities within a state and authorizes the governor or the legislature of a state to provide the method of allocation within the state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California (the "Government Code") governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue multifamily housing revenue bonds; and WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application with the California Debt Limit Allocation Committee ("CDLAC") prior to the issuance of multifamily housing revenue bonds; and WHEREAS, the Issuer desires to apply to CDLAC for an allocation for the Project. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 2014-12-16 Agenda Packet Page 301 Resolution No. Page 2 SECTION 1. The Issuer has received an application for the financing of the Project on behalf of the Applicant (the "Application"). The Applicant will incur costs with respect to the Project prior to the issuance of the Obligations. The Issuer hereby states its intention and reasonably expects to reimburse to the Applicant for such costs with proceeds of the Obligations; provided, however, that nothing herein obligates the Issuer to issue the Obligations or provides the Applicant with any legal right to compel the issuance of the Obligations, which decision remains in the final discretion of the Issuer. Exhibit A describes the general character, type, purpose, and function of the Project. SECTION 2. The reasonably expected maximum principal amount of the Obligations is $21,019,000. This Resolution is being adopted no later than sixty (60) days after the date (the "Expenditure Date or Dates") that the Applicant will expend moneys for the portion of Project costs to be reimbursed from proceeds of the Bonds. The expected date of issue of the Bonds is within eighteen (18) months of the later of the Expenditure Date or Dates and the first date the Project is placed in service and, in no event, later than three years after the Expenditure Date or Dates. SECTION 3. Proceeds of the Bonds to be used to reimburse for Project costs are not expected to be used directly or indirectly to pay debt service with respect to any obligation or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. SECTION 4. This Resolution is consistent with the budgetary and financial circumstances of the Issuer, as of the date hereof. No monies from sources other than the Obligations are, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer (or any related party) pursuant to their budget or financial policies with respect to the portion of the Project costs to be financed with the Obligations. This Board of Commissioners is not aware of any previous adoption of official intents by the Issuer that have been made as a matter of course for the purpose of reimbursing expenditures relating to the Project and for which tax-exempt obligations have not been issued. SECTION 5. This Resolution is adopted as official action of the Issuer in order to comply with Treasury Regulation § 1.103-8(a)(5) and Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of expenditures incurred prior to the date of issue of the Obligations, is part of the Issuer's official proceedings, and will be available for inspection by the general public at the main administrative office of the Issuer. SECTION 6. The officers and employees of the Authority are hereby authorized and directed to apply to CDLAC for a portion of the private activity bond allocation set aside for the calendar year 2015 for the Project in an aggregate amount not to exceed $21,019,000, to collect 2014-12-16 Agenda Packet Page 302 Resolution No. Page 3 from the Applicant and hold pursuant to CDLAC requirements the required CDLAC deposit for the requested allocation, and to certify to CDLAC that such amount has been placed on deposit in an account in a financial institution. Because the amount of private activity bond allocation is limited, such officers are also authorized to resubmit the application to CDLAC one or more times during the calendar year 2015 in the event the application is denied by CDLAC. SECTION 7. The officers and employees of the Issuer are hereby authorized and directed,jointly and severally, to take any actions and execute and deliver any and all documents which any of them deem necessary or advisable, with the advice of City Attorney, in order to effectuate the purposes of this Resolution, and such actions previously taken by such officers and employees are hereby ratified and confirmed; provided that the terms and conditions under which the Bonds are to be issued and sold must be approved by this Board in the manner provided by law prior to the sale of the Bonds. SECTION 8. All the recitals in this Resolution are true and correct. SECTION 9. This Resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-12-16 Agenda Packet Page 303 EXHIBIT A DESCRIPTION OF PROJECT A multifamily rental housing project of approximately 126 units for low income senior households known as "Millenia Senior Apartments" and located located near the southwest corner of Birch Road and Eastlake Parkway within the Otay Ranch Millenia master planned community in the City of Chula Vista, California. 2014-12-16 Agenda Packet Page 304 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR MILLENIA AFFORDABLE APARTMENTS WHEREAS, the Housing Authority of the City of Chula Vista (the "Authority") intends to issue not to exceed $16,981,000 aggregate principal amount of multifamily housing revenue bonds (the "Bonds") to finance the acquisition and development of a 84-unit multifamily rental housing project for seniors (the "Project") located near the southwest corner of Birch Road and Eastlake Parkway within the Otay Ranch Millenia master planned community in the City of Chula Vista, California(the"City"); and WHEREAS, the Project will be owned and/or operated by Chelsea Investment Corporation, or another limited partnership affiliated with Chelsea Investment Corporation (the "Owner"); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Bonds are required to be approved, following a public hearing, by an elected representative of the governmental unit having jurisdiction over the area in which the Project is located; and WHEREAS,the Project is located wholly within the geographic jurisdiction of the City; and WHEREAS,the City Council (the"City Council") is the elected legislative body of the City; and WHEREAS,the City has caused a notice to appear in the Star News,which is a newspaper of general circulation in the City, on November 28, 2014 to the effect that a public hearing would be held by the City Council on December 16, 2014, regarding the issuance of the Bonds by the Authority; and WHEREAS, on December 16, 2014,the City Council held said public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of Chula Vista, as follows: Section 1. The City Council does hereby find and declare that the above recitals are true and correct. Section 2. Pursuant to Section 147(f) of the Code, the City Council hereby approves the issuance of the Bonds by the Authority in one or more series, in an aggregate principal amount not to exceed $16,981,000 and with a final maturity not later than 45 years from the date of issuance to finance the acquisition, construction and equipping of the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the applicable 2014-12-16 Agenda Packet Page 305 Resolution No. Page 2 elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f). Section 3. This Resolution shall take effect from and after its adoption. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-12-16 Agenda Packet Page 306 RESOLUTION NO. RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR A PROPOSED DEVELOPMENT OF THE MILLENIA AFFORDABLE APARTMENTS WHEREAS, the Housing Authority of the City of Chula Vista (the "Issuer") desires to assist Chelsea Investment Corporation (the "Applicant") in financing the costs of developing a multifamily rental housing project ("Millenia Affordable Apartments"), as described Exhibit A attached hereto and incorporated herein(the "Project"); and WHEREAS, the Issuer intends to assist in the financing of the development of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"), which Obligations are expected to be issued pursuant to Chapter I of Part 2 of Division 24 the Health and Safety Code of the State of California; provided, however, that this Resolution shall not authorize the issuance of the Obligations and provided further that neither the faith and credit nor the taxing power of the Issuer shall be pledged to repay such Obligations if, and when, authorized; and WHEREAS, prior to the issuance of the Obligations the Applicant expects to incur certain expenditures with respect to the Project from its own available monies which expenditures it desires to have reimbursed from a portion of the proceeds of the sale of the Obligations if, and when, issued; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code") limits the amount of multifamily housing revenue bonds that may be issued in any calendar year by entities within a state and authorizes the governor or the legislature of a state to provide the method of allocation within the state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the Government Code of the State of California (the "Government Code") governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue multifamily housing revenue bonds; and WHEREAS, Section 8869.85 of the Government Code requires a local agency to file an application with the California Debt Limit Allocation Committee ("CDLAC") prior to the issuance of multifamily housing revenue bonds; and WHEREAS, the Issuer desires to apply to CDLAC for an allocation for the Project. NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS: 2014-12-16 Agenda Packet Page 307 Resolution No. Page 2 SECTION 1. The Issuer has received an application for the financing of the Project on behalf of the Applicant (the "Application"). The Applicant will incur costs with respect to the Project prior to the issuance of the Obligations. The Issuer hereby states its intention and reasonably expects to reimburse to the Applicant for such costs with proceeds of the Obligations; provided, however, that nothing herein obligates the Issuer to issue the Obligations or provides the Applicant with any legal right to compel the issuance of the Obligations, which decision remains in the final discretion of the Issuer. Exhibit A describes the general character, type, purpose, and function of the Project. SECTION 2. The reasonably expected maximum principal amount of the Obligations is $16,981,000. This Resolution is being adopted no later than sixty (60) days after the date (the "Expenditure Date or Dates") that the Applicant will expend moneys for the portion of Project costs to be reimbursed from proceeds of the Bonds. The expected date of issue of the Bonds is within eighteen (18) months of the later of the Expenditure Date or Dates and the first date the Project is placed in service and, in no event, later than three years after the Expenditure Date or Dates. SECTION 3. Proceeds of the Bonds to be used to reimburse for Project costs are not expected to be used directly or indirectly to pay debt service with respect to any obligation or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Issuer or any entity related in any manner to the Issuer, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. SECTION 4. This Resolution is consistent with the budgetary and financial circumstances of the Issuer, as of the date hereof. No monies from sources other than the Obligations are, or are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside by the Issuer (or any related party) pursuant to their budget or financial policies with respect to the portion of the Project costs to be financed with the Obligations. This Board of Commissioners is not aware of any previous adoption of official intents by the Issuer that have been made as a matter of course for the purpose of reimbursing expenditures relating to the Project and for which tax-exempt obligations have not been issued. SECTION 5. This Resolution is adopted as official action of the Issuer in order to comply with Treasury Regulation § 1.103-8(a)(5) and Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of expenditures incurred prior to the date of issue of the Obligations, is part of the Issuer's official proceedings, and will be available for inspection by the general public at the main administrative office of the Issuer. SECTION 6. The officers and employees of the Authority are hereby authorized and directed to apply to CDLAC for a portion of the private activity bond allocation set aside for the calendar year 2015 for the Project in an aggregate amount not to exceed $16,981,000, to collect 2014-12-16 Agenda Packet Page 308 Resolution No. Page 3 from the Applicant and hold pursuant to CDLAC requirements the required CDLAC deposit for the requested allocation, and to certify to CDLAC that such amount has been placed on deposit in an account in a financial institution. Because the amount of private activity bond allocation is limited, such officers are also authorized to resubmit the application to CDLAC one or more times during the calendar year 2015 in the event the application is denied by CDLAC. SECTION 7. The officers and employees of the Issuer are hereby authorized and directed,jointly and severally, to take any actions and execute and deliver any and all documents which any of them deem necessary or advisable, with the advice of City Attorney, in order to effectuate the purposes of this Resolution, and such actions previously taken by such officers and employees are hereby ratified and confirmed; provided that the terms and conditions under which the Bonds are to be issued and sold must be approved by this Board in the manner provided by law prior to the sale of the Bonds. SECTION 8. All the recitals in this Resolution are true and correct. SECTION 9. This Resolution shall take effect immediately upon its adoption. Presented by Approved as to form by Kelly Broughton Glen R. Googins Director of Development Services City Attorney 2014-12-16 Agenda Packet Page 309 EXHIBIT A DESCRIPTION OF PROJECT A multifamily rental housing project of approximately 84 units known as "Millenia Apartments" and located located near the southwest corner of Birch Road and Eastlake Parkway within the Otay Ranch Millenia master planned community in the City of Chula Vista, California. 2014-12-16 Agenda Packet Page 310 ��I/i City of Chula Vista �. CHU�LAVISTA Staff Report File#: 14-0640, Item#: 18. CONSIDERATION OF AMENDMENTS TO THE GROWTH MANAGEMENT ORDINANCE (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE), AND THE GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL; TO REPLACE THE THRESHOLD STANDARDS, GROWTH MANAGEMENT OVERSIGHT COMMITTEE POLICY AND THE GROWTH MANAGEMENT PROGRAM DOCUMENT RECOMMENDED ACTION Council open the public hearing and continue the item to January 13, 2015. Gry of Chula vsia Page 1 of 7 Pnnted on 72I722014 pcc.er o�v!e;is;ar" City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0656, Item#: 19. CONSIDERATION OF AMENDING CHAPTER 12 (SEWER FEES) OF THE CITY'S MASTER FEE SCHEDULE RECOMMENDED ACTION Council open the public hearing and continue the item to January 6, 2015. City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 312 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0591, Item#: 20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH Q2 DATA & RESEARCH, LLC TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES TO THE DISTRICTING COMMISSION; APPROVING THE PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City's inaugural Districting Commission held its first meeting of the full Commission on September 11 , 2014 and has continued to meet monthly since that time. The Commission has identified a mapping consultant to assist in its efforts, and has prepared a proposed budget. The Commission is requesting that the City retain the consultant, Q2 Data & Research, LLC ("Q2"), and appropriate the necessary funds. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the contemplated action is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD/COMMISSION RECOMMENDATION The Districting Commission recommends that the City retain Q2 and appropriate the funds necessary funds, as reflected in the Commission's proposed budget. The Commission adopted resolutions to this effect at its October meeting; copies of those resolutions are attached to this Agenda Statement. In addition, the Commission Chairman, Jerome Torres, will be in attendance at the City Council meeting to speak to these matters on behalf of the Commission. DISCUSSION Retention of Q2 The City Charter was amended in 2012 to provide that the four City Council members be elected by district. Charter section 300.5 created a Districting Commission to recommend a Districting Plan establishing four Council districts, beginning with the 2016 general municipal election. That section also provides that the Commission shall utilize one or more independent consultants to assist the Commission in developing Districting Plans and that the City Council shall ensure the appropriation of sufficient funds to allow the Commission to carry out its duties. City of Chula Vista Page 1 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 313 File#: 14-0591, Item#: 20. Accordingly, city staff and the Commission have undertaken to identify a mapping consultant to assist the Commission. In response to the City's Request for Proposals, two mapping consultants submitted proposals: Q2 and National Demographics Corporation. After reviewing the proposals and interviewing both candidates, the Commission resolved to recommend that the City retain Q2. Q2's scope of work general includes: (i) public outreach and engagement; (ii) Commission training on the Voting Rights Acts, districting criteria and the line-drawing process; (iii) compilation, analysis and reporting on census data and other relevant information; (iv) development of Draft and Recommended Districting Plan, as required by the Charter, and (v) attendance at Districting Commission and public outreach meetings. The contract amount for this work is a fixed fee of $68,000. The resolution and proposed consultant agreement between the City and Q2 are included as Attachment 1 to this Agenda Statement. Budget In its 2014-15 adopted budget, the City Council allocated $75,000 to be used by the Commission. The Commission has determined that additional funds will be needed to complete its work. The Commission prepared a draft proposed budget indicating both "hard costs" and "in-kind" services that it anticipates will be necessary. That proposed budget was adopted by the Commission at its November 10, 2014 meeting, with direction to staff to amend it as necessary after selection of the consultant. That budget is provided in Attachment 2. The attached proposed budget reflects "Hard Costs" for fiscal year 2015 in the amount of $120,500. This is $45,500 over the $75,000 allocated in the 2015 budget. The hard costs include $68,000 for the Q2 contract, as well as additional staff costs, video recording, advertising and printing costs, and miscellaneous supplies and services. The Commission and staff are in the process of developing the specific public outreach plan, retaining a public outreach consultant, and identifying the types of services and tools that will be necessary for its work, such as translation services, and various public outreach tools. The retention of Q2 will be key to developing the overall work plan and identifying related costs. Subsequent to the Commission's adoption of the proposed budget, it selected a public outreach consultant for retention by the City. The estimated budget for that consultant was $30,000; the proposal for the preferred consultant came in at roughly $41,000. Staff will be engaging in contract negotiations with that consultant and the final contract amount is subject to change based on those negotiations. In light of these negotiations, the fact that this is the first time the City has undertaken districting efforts, and in order to prepare for variations in cost estimates, staff would recommend that the City Council allocate $10,000 in contingency funds to ensure that the Commission has sufficient funds to complete its work. Although this was not in the Districting Commission proposed budget, we have notified Chairman Torres of this recommendation. Accordingly, an appropriation of $55,500 is being recommended. 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. City of Chula Vista Page 2 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 314 File#: 14-0591, Item#: 20. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action is the next step in implementing the voter-approved district election system for City Council members. Doing so will further the City's efforts toward its goal of a Connected Community, by implementing the will of the voters, and allowing the residents of each district to elect a City Council member from their own district. CURRENT YEAR FISCAL IMPACT There is a current year general fund fiscal impact of $55,500. This amount is in addition to the $75,000 already allocated. These amounts will cover the estimated costs of consultants, services and supplies, including videotaping meetings, and publication and printing costs, staff costs and contingencies which may arise as the work is carried out. ONGOING FISCAL IMPACT The requested funding for fiscal year 2016 of $1,400 for staff time and services and supplies for the Commission to complete its work will be included in the proposed budget. This work will be done by December 2015, so there is no ongoing fiscal impact beyond 2016. ATTACHMENTS Attachment 1: Districting Commission Resolution Recommending Retention of Q2; and Q2 Agreement Attachment 2: Districting Commission Proposed Budget, and Resolution Adopting Same Staff Contact: Jill Maland City of Chula Vista Page 3 of 3 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 315 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT AGREEMENT WITH Q2 DATA & RESEARCH, LLC TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES TO THE DISTRICTING COMMISSION; APPROVING PROPOSED DISTRICTING COMMISSION BUDGET, AND APPROPRIATING FUNDS, ACCORDINGLY WHEREAS, the Chula Vista Districting Commission was established pursuant to Charter Section 300.5; and WHEREAS, Charter Section 300.5.A.3.provides that the Commission shall utilize"one or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work"to assist the Commission in developing the Districting Plans required by the Charter; and WHEREAS, in order to identify such consultants, proposals were solicited in compliance with the City's purchasing procedures,including Chula Vista Municipal Code section 2.56.110;and WHEREAS,in response to the City's Request for Proposals,two firms submitted proposals: National Demographics Corporation and Q2 Data& Research, LLC; and WHEREAS, the Commission has considered the proposals submitted, the additional information provided by the consultants in advance of, and during the November 10, 2014 Commission meeting, and the qualifications required for serving as the consultant to the Commission; and WHEREAS,the Commission recommends that the City retain Q2 Data&Research,LLC as the Districting Commission's mapping consultant; and WHEREAS,the City adopted its Fiscal Year 2014-15 in June 2014,including an allocation of$75,000 for the Chula Vista Districting Commission; and WHEREAS, the Districting Commission was seated in August 2014, after the City had adopted its budget for Fiscal Year 2014-15; and WHEREAS,the Commission has met and considered the estimated costs for completing its work during Fiscal Years 2014-15 and 2015-16; and WHEREAS,the Commission has determined that additional funds will be necessary in order to complete the work it is charged with; and 2014-12-16 Agenda Packet Page 316 Resolution No. 2014 - Page 2 WHEREAS, the Commission has prepared a proposed budget and determined that it will need additional funds,as reflected in the Commission's proposed budget, staff recommends that the Commission budget also include$10,000 in contingency funds,requiring a total appropriation in the amount of$55,500 for fiscal year 2015. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the "Agreement Between City of Chula Vista and Q2 Data & Research, LLC, to Provide District Mapping Consultant Services," in the form presented, with such minor modifications as may be required or approved by the City Attorney,a copy of which shall be kept on file in the Office of the City Clerk,and authorizes and directs the Mayor to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Districting Commission's budget and appropriates$55,000 to the fiscal year 2014-15 Boards and Commission Department's budget as follows - $53,000 to Supplies and Services and $2,000 to Personnel Services. Presented By Approved as to form by Jerome Torres, Chair Glen R. Googins Districting Commission City Attorney Presented By Jill Maland Assistant City Attorney 2014-12-16 Agenda Packet Page 317 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Glefi R. Googins City Attorney Dated: 1 AGREEMENT BETWEEN Q2 DATA & RESEARCH, LLC AND THE CITY OF CHULA VISTA TO PROVIDE DISTRICT MAPPING CONSULTANT SERVICES 2014-12-16 Agenda Packet Page 318 Agreement between City of Chula Vista and Q2 Data & Research,LLC, To Provide District Mapping Consultant Services This agreement(Agreement), effective December 16, 2014, is between the City-related entity whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name,business form,place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts: RECITALS WHEREAS,the City amended the City of Chula Vista Charter in 2012 to provide that the four City Council members shall be elected by district; and WHEREAS, Section 300.5 of the Charter, as amended, created a Districting Commission to recommend a Districting Plan establishing four Council districts "in a timely manner,but no later than Fubruary 1, 2016, for use in the 2016 general municipal election" provided that the Commission shall utilize one or more independednt consultants; and WHEREAS, City staff circulated an Request for Proposals ("RFP") for a mapping consultant to assist the Districting Commission, in accordance with the City's procedures;'and WHEREAS, two consultants submitted proposals in response to the RFP; Q2 Data & Research, LLC ("Q2"), and National Demographics Corporation, submitted additional information in response to the Commission's request, and participated in interviews during the Districiting Commission's regular meeting on November 10, 2014;and WHEREAS, based on the proposals, additional information and interviews, the Commission voted to recommend that the City retain Q2 to serve as the mapping consultant, and City staff supports that recommendation; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. I E [End of Recitals.Next Page Starts Obligatory Provisions.] E E i Page 1 Two Party Agreement Between lire City of Dada Vista and Q2 Data&$esearch,LLC to Provide Dlsrrlci hlapping Cnnsuitant Services 2014-12-16 AgeT4, Vp Page 319 OBLIGATORY PROVISIONS PAGES NOW,THEREFORE,for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, 1 Paragraph 7(General Duties). 2. Scope of Work and Schedule. In performing and delivering the General Duties, Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the"Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City,terminate this Agreement. a. Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. City staff will advise the Districting Commission of amendments to this Agreement concerning Consultant's scope of work. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement, whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. a. No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages Page 2 Two Parry Agreement Between the City of Chula rista and Q2 Data&Research,LLC to Pravlde Distdct Mapping Consultant Services 2014-12-16 AgeKLV palpUG4chula vi&OQ2-2PartyCadsultantAg=ment-Final.docx Page 320 I I caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law, the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or, if necessary, amend or terminate this Agreement, or portions of it,expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants'utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation, in addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance 1. General. Consultant must procure and maintain,during the period of performance of this Agreement, and for twelve months after completion,policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under this Agreement and the results of that work by the Consultant, his agents, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 2. Minimum Scone of insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence [ Form CGQO©t). b. WC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. c. E&O. Professional Liability or Errors &Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: 1 Page 3 7'wo Por&,dgreemett Peiween the City of Chula rina and Q2 Daia&Research,LLCto Provide District.Vapphrg Consultant Services s 2014-12-16 Aga421ffi4ok&6aLu1a vista'Q2.2E'art)Consuium3Agsenwnt•finaLdocx Page 321 i I i. General liability: $1,000,000 per occurrence for bodily injury,personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Projectllocation or the general aggregate limit must be twice the operations,as required occurrence limit. a licable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. i E iii.Workers' Statutory Compensation $1,000,000 each accident € Employer's $1,000,000 disease-policy limit Liability: $1,000,000 disease-each employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liabilz If the Consultant maintains higher limits than the minimums shown above,the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 4. Deductibles,and Self-Insurcd Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers,officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration,and defense expenses. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment famished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CO 2010(11185) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage, I II II Page 4 rwo party Agreement Betwosn the City of Chula t1sla acid Q2 Data&Research,LLCta Prorlde District Mapping Consultant services L:ci2 ropmisl thuluvisia\Q2-2Patt}CousultantAg sncrit•i-inal.docx 2014-12-16 Agenda Packet Page 322 b, Primary .Insurance. The Consultant's General Liability insurance coverage must be primary insurance as it.pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the Consultant and in no way relieves the Consultant from its responsibility to provide insurance. c, Cancellation. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior written notice to the City by certified mail, return receipt requested. The words "will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents,or representatives"shall be deleted from all certificates. I d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by k this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. ! d. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors &Omissions coverage are written on a claims-made form: I a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. f b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. C. Cancellation. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Accgptability Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page S ?'wo Party Agreement between the City of Chula Vista and Q2 Data A Researeli,LLC to Provide Dlatrirt Alapping Consalrant Services 2014-12-16AgiZ%OOp9 Oltd1avisWQ2- Page 323 The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. I! I 9. Subcontractors. Consultant must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. E 10,Not a Limitation of Other Oblivations. Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 11.Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recovery shall not be limited to the insurance minimums,but shall instead extend to the actual policy limits. D. Security for Performance 1. Performance Bond, In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond, in the amount indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, i http:/Avww.fms.treas.uov/c574, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which also satisfy the requirements stated in Section 995.564 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. Z. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A,Paragraph 18. i Page 6 Two Pan),dgreement eenveen the City of Chula rista and Q2 D41a&Research,L1,00 Provide District Atappirrg Consullaar Services 2:ig2 pmpcsds'chutu vlsla'Q2-2P"ComauitanlAgrccmcnt•riiul.dNx 2014-12-16 Agenda Packet Page 324 i e i 3. Other Security, In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney, E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ARTICLE II. CITY OBLIGATIONS A. Consultation. and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. I 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on i Exhibit A, Paragraph 17(C)to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of the Consultant, its agents, employees,or subcontractors. i t Page 7 Two Party Agreemetrt Between the City of Chula iista and Q2 Data&Researelt,LLC to Provide District Mapping Consultant services 2014-12-16 AgZW p&pwft6u1avista\Q2.2P artyComutLnvlgcemenl-Fiiiatdax Page 325 { i i a. Errors and Omissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Al2proval.. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later'refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs, the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 1. Consultant is Desipmated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer," Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic i Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if ' none are specified, then as determined by the City Attorney. 2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently Page 8 Two Party Agreement Between ate City of Chuta testa and Q2 Data&Research,LLC to Provide District Mapping Consultant Serrices Z:sg2 pruposals'clmla vistsQ2=21'artyCoasuluintAgmenvat-FimLdcex 2014-12-16 Agenda Packet Page 326 conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. c 4. Promise Not to Ac uire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. J)uly to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 6. S eeific Warranties Against Economic Interests. Consultant warrants, represents and agrees that: a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents (Consultant Associates) presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (Prohibited Interest),other than as listed in Exhibit A,Paragraph 14. b. No promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. c. Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. d. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities tinder this Agreement,except with the written permission of City, IV. LIQUIDATED DAMAGES A. Application of Section. The provisions of this section apply if a liquidated Damages Rate is provided in Exhibit A, Paragraph 13. Page 9 Two Party Agreemenr Between the City of Chula Kstu and Q2 Data Ac Research,LLC to Praalde Distdcr Mapping Corjsuiraut Services 2014-12-16 AgWotOWaWkhuta Page 327 I I 7 33� 3 I. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time_. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, Iockouts, labor disputes, unusual governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other causes beyond the reasonable control of the Consultant, as determined by the City, Consultant shall be excused from performing that act for the period of time equal to the period of time of the prevention or delay. In the event Consultant claims the existence of such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in writing of that fact within ten calendar days after the beginning of any such claimed delay. Extensions of time will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. ARTICLE V. INDEMNIFICATION A. Defense,Indemnity, and Hold Harmless. 1. General Requirement, To the maximum extent allowed by law, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents and employees, from and Against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney's fees and actual costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents,officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees,agents or officers,or any third party. 2. Desio Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782,5, as may be amended from time to time, the defense and indemnity Page 10 Two Party Agreement Between the City of Chula vista and Q2 Data&Research,LLCto Fravrde District Mapping Consuhant Services Zl q2 pmposals'chuht visd!02-2PmyCansuhintAgrceni Cnt-FinaLdocx 2014-12-16 Agenda Packet Page 328 i E I obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above, is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the City, its directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.I. and A.2., Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees,agents, and/or volunteers, 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. b. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. S. No Alteration of Other Obligations, This Article V, shall in no way alter, affect or modify any of the Consultant's other obligations and duties under this Agreement. i ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to filfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive gust and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. 'Termination of Agreement: for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and j i Page 11 Two Party Agreement Betiveeti the City afChnla Vista and Q2 Data Researrlt,LLC to Provide District Mapping Consultant Services 2014-12-16Aggii&A €llvbV1W%Q2-2PanyCumu1=tAyceameot-F4m1dmx Page 329 i other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this section. City staff will inform the Districting Commission if this Agreement is terminated. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) years following completion, the Consultant agrees to maintain, intact and readily accessible, all data, documents,reports,records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit, and require its subcontractors to permit City or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Contractor and its subcontractors pertaining to the Project. i C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE VIII. PROJECT COMPLETION,AUDIT,AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or j termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS i i I i Page 12 Two Party Agreement Between the City of Chula Vista and Ql Data&Research,LLC to Provide District Mapping Consaltant Services Z,q2 ptapwlsktiuia vishlQ2.2PattyConsultanEAgmcmeni-Firktl.dccx 2014-12-16 Agenda Packet Page 330 i A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same(whether by assignment or notation),without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." B. Ownership, Publication, reproduction and Use of Material, All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City, No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish,disclose(except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part,any such reports, studies,data, statistics,forms or other materials or properties produced under this Agreement. C. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, independent contractors and shah not be deemed to be employees of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to them. 1. Actions on Behalf of Citw. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever, as an agent or otherwise. Consultant shall have no authority, express or implied, to bind City or its members, agents,or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. in Connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. Page 13 Two ParryAgreement Bowen the Clty of Chula Wra and Q2 Data&Researels,LLC to Provide Distrk7 Alapping ConStllranr Serviees 2014-12-16 Ag9fiftPpasld"tub vistaV 2PanyCosau1lanlAymesnesil-Fismi,dWK Page 331 it I I D, Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E i E. .Administration of Contract. Each party designates the individuals (Contract E Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator who is authorized by the party to represent it in the routine administration of this Agreement. F. 'Perm. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A,Paragraph 15 is marked, the Consultant and/or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. 1. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of j business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or i contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the i party against which enforcement of such amendment,waiver or discharge is sought. j K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. Page 14 Two Panyelgreeraent Between the Clty tfChnin Pista and Q2 Data c&research,LLCto Provide DlstriaNfappingConsidlant Services 1.: 2 pro Ischulu viskfQ2-2 PartyCaluuIWnEAgrecmeat.Firkal.docx 2014-12-16 Agenda�ac�cet Page 332 I I I L. Governing LaNvNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. (End of page.Next page is signature page.) I I Page 15 Two Party Agreement Between the City of Chula Vista and¢2 bala&Xesearrk,LLCto Provide DAIdVt Afappir+g Consultant Services 2014-12-16 AgZWfiT4"t*uIs vish1'Q2.2PartyCansulmnsAuccrucnl-Filml.doc.K i Page 333 I i 1 1 I Signature Page to Agreement between City of Chula Vista and Q2 Data& Research, LLC, To Provide Mapping Consultant Services i i IN WITNESS WHEREOF, City and Consultant have executed this Agreement, � indicating that they have read-and understood same, and indicate their full and complete consent I to its terms: City of Chula Vista By: Mayor Mary Salas Attest: Donna Norris,City Clerk Approved as to form: Glen R. Googins, City Attorney I Q2 Data&Research, LLC, { � E By: Karin Mae Donald,Manager j Exhibit List to Agreement: Exhibit A Page 16 Trva Party Agreement Belrveen the City of Chula Ksta acrd X11 Darn&Researels,LLC to Protlde District AlappinACoasallant Services Z,�q2 ptoposahkhula vistalQ2-2FattyConsuiLintAg event-Fltul.doex 2014-12-16 Agenda Packet Page 334 Exhibit:A to Agreement between City of Chula Vista and Q2 Data &Research,L,LC 1, Effective Date:The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page 1 of the Agreement. 2. City-Related Entity: (X)City of Chula Vista, a municipal chartered corporation of the State of California ( ) The Chula Vista Public Financing Authority, a [ ) The Chula Vista Industrial Development Authority,a ( ) Other: a[insert business form] (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista,CA 91910 4. Consultant: Q2 Data&Research, LLC Karin Mae Donald, Manager 5. Business Form of Consultant: { ) Sole Proprietorship { )Partnership ( )Corporation j (X) Limited Liability Company 6. Place of Business,Telephone and Fax Number of Consultant: 1225 Peralta Street i Page 17 Two Parry Agreement Benveen the City of Chula vista aml Q2 Data&Research,LLC to Provide Dhoitx Alapping Consultant Services 2014-12-16AgW,aftP0ff jtuhjvistaQ3.2PattyCasuultan tAgeetncnbFinaLdocz Page 335 i I I i Oakland, California 94607 510-839-2546 7. General Duties: Consultant shall assist the City's Districting Commission in establishing four City Council districts for recommending to the City Council the Council districts by which Councilmembers shall be elected, in accordance with the Chula Vista City Charter, including Section 300.5, and related ordinances and policies. Consultant's shall also participate in public meetings,provide training to the Commission and assist in providing � all necessary documents to the Registrar of Voters. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. PUBLIC EDUCATION AND ENGAGEMENT Consultant shall: a. Collaborate with Outreach Consultant in development and implementation of a multilingual Strategic Public Outreach/Communications Work Plan, including attending Commission meetings as required, establishing a timeline for public outreach, identifying venues for public meetings, and creating public education materials. b. Develop informational documents and a Frequently Asked Questions ("FAQ") handout that explains the process, how the public may participate, the districting criteria, and applicable laws and regulations. i c. Work with City staff to populate Commission website, to the satisfaction of the I Commission, d. Collaborate with City staff and the City's Outreach Consultant in the establishment of one or more Technical Assistance Centers ("TAC"). Each TAC shall be in a public forum, preferably at City Iibraries, when feasible. The TACs will be designed to train and assist interested stakeholder groups in the development of public input for consideration by the Districting Commission. e. Attend Standing and Special Meetings, as required,to: i. Conduct training sessions on districting process, VRA, districting criteria, and other matters, as directed by Commission, for targeted stakeholders and general public. ii, Solicit, compile and record public input from targeted stakeholders and general public in identifying and addressing communities of common interest and other relevant factors associated with development of districting maps. 2. COMMISSION TRAINING Consultant shall, in cooperation with the City Attorney, conduct in-depth training of i 3 Page 18 Trvo Parry AgreeHrent 8etweelt tiie City ofcletila riaYa and Q2 Data&Researcie,LLCto Provlde Ptorictettapping Coe(.stdlant Servlces Zc'n2pra Is`chulnulsia'Q2-2PutyCansultzn lrtgrccmrn(.F€3gl.docz 2014-12-16 Agenda Packet Page 336 i f l the Districting Commission prior to development of district maps. Training shall include: the Federal and California Voting Rights Acts (VRA), legal framework applicable to districting, City Charter requirements, districting criteria definitions and approaches to line drawing, collection of data, visual presentation of districting software, ability for Commissioners and public to access software, and explanation of"packing"and"cracking,"with examples of same from other jurisdictions. 3. DATA,REPORTS AND MAPS CONSULTANT shall: a. Gather and test a comprehensive data set of Chula Vista that includes, to the extent available and legally permissible, 2010 (PL94-171) census data, American Community Survey (e.g.., citizen voting age population, etc.), registration and turnout data, zoning maps, reaps reflecting school attendance boundaries and any other applicable demographic information required to create the districting maps at the census block level within the geographic boundaries of the City of Chula Vista. The district maps to be included in the Draft, Recommended and Final Districting Plans shall include no district that deviates from the mean district population by more than +1-5% The data set shall be available for download from the Commission website. b. Employ any software necessary, including statistical software and GIS software to create districting maps, analyze census data, statistics and demographics and provide the Commission and City with reports as requested and required. c. Assess the jurisdiction to determine whether a racially polarized voting analysis E (RPV) will have to be performed and advise the City and the Commission of the outcome of the assessment, If, based on that assessment, the Commission or City determines that it is necessary, the Consultant will conduct an RPV vulnerability assessment of past voting patterns of registered voters of Chula Vista. d. Cooperate with City staff in the uploading of all relevant documents, reports and maps to the City's webpage dedicated to the Districting Commission. e. Assist Commission in preparing report to 2020 Districting Commission. 4. DISTRICTING PLANS CONSULTANT shall: a. Pursuant to the City Charter, assist Districting Commission in the development of a: i. Draft Districting Plan (which shall contain preliminary districting maps, as appropriate, based on the Commission's determination in consultation with the Consultant)for distribution to targeted stakeholders and general public; ii. Recommended Districting Plan, pursuant to the City Charter to be submitted to City Council; and i I Page 14 Two Party Agreement Reltveelt the City of Chula Wsta and Q2 Data&Research,LLC to ProVlde District Mapping Causultant Services 2014-12-16 AgE""]gt ll,,a vistalQ2-2E'art)ConwtwntAgmemetlt-riiial.docx Page 337 I i iii. Final Districting Plan to be approved by the City Council,or Commission. b. Conduct"real time"line drawings to create preliminary and final district maps. c. Assist Commission and City staff in preparing report to City Council to accompany the Recommended Districting Plan. d. Develop all necessary documents for City to submit new Districting Plan to Registrar of Voters; draft metes and bounds as required; submit any remaining documents,maps and data to City. e. Assist Commission in considering and responding to City Council reasons for disapproving Recommended Districting Plan, and approval of same,if necessary. 5. MEETINGS CONSULTANT shall: a. Ensure that the Project Manager attend at least two of the Districting Commission's public outreach meetings and that at least one Senior Consultant and one Geographic Information System ("GIS") specialist attend all other public outreach meetings (up to eight such meetings). The Senior Consultant shall be available to serve as an informational resource and to provide short districting training to members of the public in advance of collecting public input. The GIS specialist will operate a computer with districting software to show members of the public the areas for which public E input is being received. f b. Be available for at least two"office hours" before or after each public hearing to work with members of the public individually and make available the districting software on a laptop for development of submissions. c. Participate,remotely, at three regular meetings of the Commission. d. Attend City Council meeting to present Recommended Districting Plan to the Council. B. Date for Commencement of Consultant Services: (X ) Same as Effective Date of Agreement I ( ) Other: i C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1. By January 31,2015, Consultant shall complete the following: 1. Public Education(A.l.a.-c.,above) 2. Commission Training(A.2.) Page 20 Two Party Agreement Between the City of Chata Ylsta and Q2 Data&Research,LLCta Provide District Afapping Consultant Services Z:'q2 pmpusatsl;hAt vista,QZ.2Pnu}ConsullonLAgmeititnt-Finot.dDCx 2014-12-16 Agenda Packet Page 338 Deliverable No.2: By March 31,2015,Consultant shall complete the following: 1. Establish Technical Assistance Center(A.l.d.) 2. Attend Public Meetings and Conduct Training, as necessary and at discretion of Commission, pursuant to A.l.e., and A.S., above Deliverable No. 3: By April 30, 2015,Consultant shall complete the following: 1. Attend additional Public Meetings, as necessary and at E discretion of Commission,pursuant to A.5., above 2. Draft Districting Plan,pursuant to AA.a.1. and b., above Deliverable No.4: By May 31, 2015,Consultant shall complete the following: Recommended Districting Plan and Accompanying Report to the City Council,pursuant to AA., above Deliverable No. 5: By June 30, 2015, Consultant shall complete the following: Attend City Council Meeting on Recommended Districting Plan and Provide Oral Presentation to Council on same, pursuant to A.5.d., above. Deliverable No. 6: By November 15,2015,Consultant shall complete the following: 1. Assist Commission in Responding to City Council Reasons for Disapproval of Recommended Districting Plan, if necessary, pursuant to AA.e.,above. 2. Provide all Documentation Necessary for Submittal to County Registrar(AAA., above) Deliverable No. 7: By December 15,2015,Consultant shall complete the following: Assist Commission in Preparing Report to 2020 Districting Commission(A.3.e., above) D. Date for completion of all Consultant services: December 15, 2015. The Deliverables dates set forth above may be adjusted by majority vote of the Commission, and with concurrence of City staff and the Consultant. 9. Materials Required to be Supplied by City to Consultant: None. i I 10. Compensation: I I A. (X)Single Fixed Fee Arrangement. i For performance of all of the.Defined Services by Consultant as herein required,City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Page 21 Two Parry Agreement between the Ctry of Ciutla Pasta and Q2 Data&Researeh,LLC to Provide District Mapping Consultant Semces 2014-12-16Ag96&F €t uEavisla%Q2-2PattyCmisultantAgenxni-Fitmtdoex Page 339 Single Fixed Fee Amount: $68,000.00,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Completion of Deliverable No. 1 $8.500 Completion of Deliverable No. 2 $8,500 Completion of Deliverable No. 3 $$,500 Completion of Deliverable No.4 $8500 Completion of Deliverable No.5 $8,500 Completion of Deliverable No. 6 $8.500 Completion of Deliverable No._7 $8,500 Completion of All Services $8.500 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase,the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City,or such other person as the City Manager shall designate,but only upon such proof demanded by the City that has been provided,but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are I separately identified below,City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverahles set forth.Consultant shall not i commence,Services under any Phase, and shall not be entitled to the compensation for a Phase, i unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ Page 22 Two Parry Agreement Between the City ofChrda Vista and Q2 Data&Research,LLC is ProUde Disidet Mapping Consuffant Services 4'yZ propos34'ehub vktaIQ2.21artyCoiau itantAlpeemeo€•Fiira4cloex 2014-12-16 Agenda Packet Page 3401 1 ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. 'The practice of malting interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( } Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( } Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other"reimbursables'(Maximum Compensation). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. ( ) Hourly rates may increase by 611/o for services rendered after[month], 20—, if delay in providing services is caused by City. i 11. Materials Reimbursement Arrangement I Page 23 rw Parry Agreement Behmen the C4 of Chrda K374 and Q2 Data&Research,LLCto Praulde Distrlet Mapping CanStdia t Senvices 2014-12-16 A�e1'1� Y#� l�uGtvisui:Q2 2PartyCot�ullatNgrcc�mm•!inal.dotx Page 341 1 1 3 f I I For the cost of out of pocket expenses incurred by Consultant in the performance of serviccs herein required,City shall pay Consultant at the rates or amounts set forth below: i (X)None, the compensation includes all costs. Cost or Rate ( } Reports,not to exceed$ $ } Collies, not to exceed$- . $ ( ) Travel,not to exceed$ $� ( } Printing, not to exceed$ ( } Postage, not to exceed$ $ ( ) Delivery, not to exceed$ $ ( ) Outside Services: $ ( } Other Actual Identifiable Direct Costs: $ not to exceed$ $ not to exceed$ $ 12. Contract Administrators: City: Jill Maand Assistant City Attorney 276 Fourth Ave. Chula Vista, CA 91910 619-691-5037 Consultant: Karin Mac Donald Manager 1225 Peralta Street Oakland, California 94607 510-839-2546 13. Liquidated Damages Rate: ( ) $ per day. O Othcr: 14. Statement of Economic Interests,Consultant Reporting Categories,per Conflict of Interest Code(Chula Vista Municipal Code chapter 2.02): (X) Not Applicable.Not an FPPC Filer. Page 24 Two Party Agreement Between the City ojChuia Vista and Q1 Data&Research,LLC to Pro vide District Alapping Consultant Services Z:'q2 proposalschuta vista%Q2.2PartyCor sulGanEAgmc"ns•f inal.docx 2014-12-16 Agenda Packet Page 342 (} FPPC Filer () Category No. 1. All investments; all positions in business entities located or doing business within the City's jurisdiction,or doing business with the City; and all sources of income(including gifts, loans, and travel payments); {) Category No. 2. All interests in real property within the jurisdiction of the City; ( } Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) Category No. 4. Investments and business positions in business entities and sources of I income that engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments and business positions in business entities and sources of income that, within the past two years, have contracted with the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. investments and business positions in business entities and sources of income that, within the past two years, have contracted with the department administering this Agreement to provide services, supplies, materials, machinery or equipment. ( ) List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants:None. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Page 25 Two Party Agreement Retweert the City of Chula Vista and Q1 Data&Research,LLCto Provide DisiddMapplug CarrsultaniServices i 2014-12-16Ag�n� i� Emlavista•(t2-2Part)ConsutlanNgrsamel•Firol.docx Page 343 i j I I I ( ) Monthly ( ) Quarterly (X)Other: Upon Completion of Each Deliverable B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( } 15th Day of each Month { ) End of the Month ( ) Other: C. City's Account Number: Districting Commission 18, Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit,S { } Other Security: Type: E Amount: $ { } Retention, If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner,the City shall be entitled to retain,at their option, either the following"Retention Percentage"or"Retention Amount"until the City determines that the Retention Release Event, listed below,has occurred: { ) Retention Percentage: ( ) Retention Amount: $ Retention Release Event: ( )Completion of All Consultant Services ( ) Other: { )Other: The Retention Amount may be released on a monthly basis provided that Consultant has performed said monthly services to the sole satisfaction of the Assistant City Manager/Director of Development Services or his designee. 1 i i I i I Page 26 Two Parry Agreement Between the City of Ctiula Wtsta and Q2 Data&Fteseareh,LLCto provide Distrlet Afapping Consultant Services Zlg2 pMmsalskbuln vlsWQ2-2PartyComuWutAg=Wnl-FinaLdxa 2014-12-16 Agenda Packet Page 344 2014-12-16 Agenda Packet Page 345 RESOLUTION NO. 2014-002 RESOLUTION OF THE CHULA VISTA DISTRICTING COMMISSION RECOMMENDING THE SELECTION OF Q2 DATA & RESEARCH, LLC AS THE DISTRICTING COMMISSION CONSULTANT WHEREAS, the Chula Vista Districting Commission was established pursuant to Charter Section 300.5; and 1 WHEREAS, Charter Section 300.5.A.3.the Commission shall utilize "one or more, as necessary, independent consultants experienced and competent in the skills necessary for the districting work" to assist the Commission in developing the Districting Plans required by the Charter; and E WHEREAS, in order to identify such consultants,proposals were solicited in compliance with the City's purchasing procedures, including Chula Vista Municipal Code section 2.56.110; and WHEREAS, in response to the City's Request for Proposals, two firms submitted proposals: National Demographics Corporation and Q2 Data&Research, LLC; and WHEREAS, the Commission has considered the proposals submitted, the additional information provided by the consultants in advance of, and during the November 10, 2014 Commission meeting, and the qualifications required for serving as the consultant to the Commission; and WHEREAS, the Commission recommends that the City retain Q2 Data & Research, LLC as the Districting Consultant. NOW, THEREFORE, BE IT RESOLVED by the Districting Commission of the City of Chula Vista, that it recommends that the City retain Q2 Data & Research, LLC to serve as the consultant to assist the Commission in completing its work, 1 PASSED,APPROVED, AND ADOPTED by the Districting Commission of the City of Chula Vista, California,this 10«' day of November, 2014, by the following vote: AYES: Commissioners: Chair Torres, Vice Chair Chavez, Andrews,Monzon and Richter NAYES: Commissioners: Goddard and Korey ABSENT: Commissioners: None Je ome lfes, Chair I 2014-12-16 Agenda Packet Page 346 ATTEST: . eryl Ponds-Poole, Commission Secretary STATE OF CALIFORNIA } COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Cheryl Ponds-Poole, Secretary of the Districting Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2014-004 was duly passed, approved; and adopted by the Districting Commission at its regular meeting held on the 8th day of December 2014. Executed this 8th day of December 2014. Cheryl Ponds-Poole. Commission Secretary 2014-12-16 Agenda Packet Page 347 i i RESOLUTION NO. 2014-004 i RESOLUTION OF THE DISTRICTING COMMISSION OF THE CITY OF CHULA VISTA ADOPTING ITS PROPOSED BUDGET AND AUTHORIZING THE COMMISSION CHAIRMAN TO: (1) PRESENT SAME TO THE CITY COUNCIL; AND (II) REQUEST BUDGET APPROPRIATIONS, ACCORDINGLY WHEREAS, the City adopted its Fiscal Year 2014-15 in June 2014, including an allocation of$75,000 for the Chula Vista Districting Commission; and WHEREAS, the City's full Districting Commission was seated in August 2014, after the City had adopted its budget for Fiscal Year 2014-15; and WHEREAS, the Commission has met and considered the estimated costs for completing its work during Fiscal Years 2014-15 and 2015-16; and WHEREAS, the Commission has determined that additional funds will be necessary in order to complete the work it is charged with; and WHEREAS, the Commission has prepared a draft budget and determined that it will need additional firnds, as reflected in the Commission's draft budget; and WHEREAS, the Commission has determined that the Commission Chairman is the appropriate representative to present the budget to the City Council, in coordination with City staff, and to request that the City make the requisite budget appropriations in order to provide the Commission with additional funds, as reflected in the draft Commission budget. NOW, THEREFORE, 133E IT RESOLVED by the City Council of the City of Chula Vista, that it adopts the proposed Commission budget, in the form presented with amendments approved by the Commission, including subsequent revisions as necessary to reflect award of the consultant contract, as its proposed budget, and authorizes the Commission Chairman to present the proposed budget to the City Council and request the necessary budget appropriations. PASSED,APPROVED,AND ADOPTED by the Districting Commission of the City of Chula. Vista,California,this 10"'day of November,2014,by the following vote: AYES: Commissioners: Chair Tories, Vice Chair Chavez, Andrews,Goddard, Korey,Monzon and Richter NAYES: Commissioners: None ABSENT: Commissioners: None Je; me rres, Chair 2014-12-16 Agenda Packet Page 348 Resolution No. Page 2 E ATTEST: 11—V C i Cheryl Ponds-Poole, tommission Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 3 I, Cheryl Ponds-Poole, Secretary of the Districting Commission of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2014-002 was duly passed, approved, and adopted by the Districting Commission at its regular meeting held on the 1 Oth day of November 2014. Executed this 10th day of November 2014. 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It is in my opinion that the process created an uneven playing field and was in violation of government procurement protocols. Of particular concern is that the Commission issued an RFP for services with a related budget that exceeded the level of funds available for that purpose. The attached RFP and addendum was issued by the city for the purposes of soliciting proposals from consultants. The addendum, which is part of the official RFP clearly indicates that the approved budget for services was 530,000.00. Upon reading the scope of services requested and understanding the available budget, I developed a work plan and assembled a team based on information available to me through the RFP issued by the city. It has always been my understanding that information and direction included in procurement documents is to be relied ' upon and that substantial divergence from those parameters is grounds for disqualification on the basis of non responsiveness. Accordingly, I structured my proposal based on the RFP issued by the city. At the selection hearing, I became aware that four (4) teams had submitted proposals to be reviewed and scored by the Commission. PRM Consulting was rated in the top two and received unanimous support to move to the final round of evaluation. The final vote during the selection process was 4-2 in favor of the winning proposer over PRM. The Commissioners had high praise for each finalist based on their experience, knowledge and familiarity of the community as well as project approach. But in the end, the majority's selection was largely based on the winning team's representation of multiple ethnicities and backgrounds. During the final discussion however, a commissioner that voted in opposition objected to the fact that the winning team's cost was 40% higher than the budget set by the Commission and which was included in the RFP. At that point I addressed the Commission to inform them that had I known that the RFP budget limit wasn'i a limit at all and that significantly higher cost proposals were to be accepted and ultimately awarded, I would have been in a position to propose a much larger and similarly broad based team. I believe the other teams would have as well. Thank you for your consideration. Sincerely, G � Steve Castaneda I Exewtive Complex 1010 Second Avenue,Suite 2370 San Diego,CA,92101 619-955-5177 .' • �� •� �1� �-v�� CIiY OF CHULA VISTA Request for Proposals Public Outreach and Communication Support for Chula Vista Districting Commission Activities The City of Chula Vista (City) is requesting proposals from qualified professional consultants to assist City staff and the Districting Commission in the development and implementation of a Strategic Public Outreach/Communication Work Plan ("Work Plan"). This Work Plan will become an integral part in the community education and vetting process for the preparation of a Districting Plan to establish four Council districts, in accordance with Chula Vista City Charter, Section 300.5. The Work Plan is designed to generate a high level of community awareness and involvement in the districting process. The plan will address such issues as media relations, stakeholder outreach, multilingual outreach material development, and public meetings/workshop participation of targeted stakeholders and tracking of results. Estimated Proposal Timeline Proposals must be received by December 1, 2014 at 4 p.m. The consultant_selection process will be conducted upon the close of the application period. It is anticipated that the selected consultant will commence work in January 2015 upon approval of the Work Plan by the Districting Commission. The estimated completion date for consultant work is June 30, 2015. General Information The City of Chula Vista seeks written proposals from interested and qualified firms with expertise in multi-lingual public outreach and communications. This campaign will support and interface with the scope of work for the mapping consultant. The City of Chula Vista Charter was amended by voters in November 2012 to require that the City establish electoral districts from which the City's four City Council members will be elected. The district elections are to be phased-in over two election cycles, beginning with the 2016 elections. Charter Section 300.5., requires the four City Council districts to be established no later than February 1 , 2016; however, the City is endeavoring to have the districts established by July 1 , 2015. The Charter requires significant public outreach, preparation of a Draft Districting Plan, numerous public meetings, preparation of a Recommended Districting Plan to be presented for City Council approval, implementation of the Final Districting Plan, preparation of a report to i the City, Council to accompany the Recommended Districting Plan, and compliance with established districting criteria. Accordingly, the City seeks a consultant to assist the � City's Districting Commission and City staff in this undertaking. More information is at www.chulavistaca.qov/d istrictinq. Specifications and Scope of Work The consultant will be tasked with working closely with the City's Districting Commission, City staff and the Mapping Consultant to meet the Charter requirements to establish Council districts, within the established timeframe. Specific tasks will include: 1 . Becoming familiar with relevant provisions of the City's Charter and Municipal Code. 2. Working with the Districting Commission, City staff and the mapping consultant in implementing the Work Plan to promote broad-based public input by residents and targeted Chula Vista stakeholders in the development of various districting maps. The targeted stakeholders may include, but are not limited to businesses, community, social and/or non-profit organizations. 3. Coordinating, scheduling, and attending up to ten (10) public outreach meetings/workshops in various areas of the City to educate and engage targeted stakeholders on the development of districting maps. 4. Providing translation services at public outreach meetings/workshops, as requested. 5. Developing a variety of written materials which may include: fact sheet(s), advertising, web content, public meeting fliers, social media posts, press releases, newsletter articles, and other documents. The consultant will also coordinate translation of certain materials, as requested. 6. Assisting the Districting Commission, City staff and mapping consultant in implementing an open and transparent process that promotes public consideration of, and comment on, the drawing of districting lines. 7. Attending standing and special Districting Commission meetings to assist in the implementation of the Work Plan and time line for establishing four Council Districts by no later than September 1 , 2015. The proposal must demonstrate that the Consultant has significant experience and expertise in the following areas: multi-lingual community outreach and education regarding electoral districting or other City initiatives; working with stakeholder groups; meeting coordination and facilitation; and working with local governmental agencies. The consultant must demonstrate working experience or strong familiarity with communify-based organizations, non-profit organizations and public agencies within Chula Vista. Proposal Form and Content The proposal should be no more than 20 pages, inclusive of responses to items 1 -6. To assist us in the evaluation process, the following information is required in your proposal: ' 1 . Cover letter and introduction 2. Methodology proposed 3. Experience related to promoting public agency services and/or initiatives 2 4.. Client References ' . Provide a list of three to five of your clients for whom you have performed similar • services. • Clients may be contacted randomly until at least two client references have been contacted. I • For each client please provide the client name, mailing address, contact name, telephone number and services provided. 5. Consultant Information — Provide information about your firm including: . Name, title, address, phone number, and email of the individual authorized to negotiate with the City and contractually bind the consultant • Location . Number of years in business • Number of employees • Resumes of project supervisor and other key staff members or others who will plan and direct activities, especially related to the pertinent experience of each key participant who would work on this project, including any sub-consultants • The firm's background and experience in assisting cities, counties, school districts or other districts with (re)districting, including the experience of the consultant in projects such as this one. If no experience, please describe background and experience in community outreach/education for public agencies. • Staff availability . Tentative Schedule of Performance . Scope of Services • The time constraints involved in the project 6. Cost Provide a cost proposal detailing all costs associated with providing the requested services. 7. Supplementallnformation Consultants may provide supplemental information in pdf format such as brochures, sample work, websites, or other supporting documentation that the vendor believes will assist the City in making its selection. All supplemental information or documentation must be marked as an appendix. 8. Disclosure Statement must be completed and included in submittal Evaluation Criteria The Districting Commission and City staff will select a consultant that demonstrates . Experience developing and implementing similar outreach programs • Experience working with and engaging stakeholder groups • Capacity and ability to meet timeline • Itemized cost proposal 3 � Insurance � � Insurance requirements for consultants are included in the sample two party agreement (attachment A). The agreement will only be executed between the City and the awarded consultant. I Business License A business license is required in the City of Chula Vista by any person who transacts, engages in or carries on any business within the corporate limits of the city (Chula Vista Municipal Code 5.02.020). City's Best Interests This RFP does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this RFP, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected bidder to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Submission of Proposal Your proposal must be submitted via email to Tricia McEwen, Procurement Specialist, tmcewen(c�chulavistaca.AOV, by December 1, 2014 no later than 4 p.m. Late submittals will not be considered for award. Questions Any questions you may have pertaining to this Request for Proposal should be addressed to Tricia McEwen, tmcewen(a�chulavistaca.pov. The deadline for questions is November 20 no later than 4 p.m. All questions and answers will be posted on our website on November 24 by 4 p.m. If you have not signed up for Planet Bids, visit www.chulavistaca.QOV/business, click on the link "Doing Business with Local Government," then register for the bid list. a � Questions and Answers for Public Outreach and Communication Support RFP ' 1. Does the cover page and table of contents count in the 20 page maximum? Yes. 2. Do resumes count as part of the page count? How about section dividers? Yes. 3. Is the business license required at the time of applying or once selected? Once selected. 4. Do we need to provide proof of insurance now or once selected? If so is that considered part of the 20 page maximum? Once selected. 5. Are resumes required for all key team members or can bios be substituted? Bios with related project experience are fine. 6. What is the maximum file size that can be received by the City of Chula Vista? Documents should be submitted in Microsoft Word or PDF. Maximum file size is 10 mg. 7. Can the final response be submitted using an FTP delivery site for larger files? There is no FTP site available. Please provide a link if you have large files (we are assuming these are the samples). There will be a committee reviewing the proposals and links are easier to manage. 8. How much is budgeted for the outreach effort? The Districting Commission discussed a proposed $30,000 budget for public outreach at its Nov. 10 meeting. View the agenda item and proposed budget at www.chulavistaca.gov/districting. It is on pages 155-157 of the Dec. 10 agenda. 9. How will consultant be selected? The Districting Commission is planning to invite Public Outreach Consultant finalists to make a brief presentation at its December 8, 2010 Districting Commission meeting or at a separate special Districting Commission meeting to be potentially scheduled the week of Dec. 15. The Dec. 8 meeting starts at 6 p.m. and is held at Chula Vista City Council Chambers, 276 Fourth Ave., Chula Vista 91910. City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0664, Item#: 21. Appointment of Deputy Mayor City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet powered by Leg age 352 City of Chula Vista CTY CHUILAVISTA Staff Report File#: 14-0665, Item#: 22. APPOINTMENT OF CITY COUNCILMEMBERS TO OUTSIDE AGENCIES: • Chula Vista Veterans Home Support Foundation - Member • Chula Vista Veterans Home Support Foundation - Alternate • International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead • International Council for Local Environmental Initiatives (ICLEI) - Alternate • League of California Cities, San Diego Division - Member • League of California Cities, San Diego Division - Alternate • Metropolitan Transit System Board of Directors (MTS) - Member • Metropolitan Transit System Board of Directors (MTS) - Alternate • Metropolitan Wastewater Commission (Metro) - Member • Metropolitan Wastewater Commission (Metro) - Alternate • Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Member • Otay Valley Regional Park (OVRP) Policy Committee and Preserve Owner Manager (POM) - Alternate • San Diego Association of Governments (SANDAL) Board of Directors - Member • San Diego Association of Governments (SANDAL) Board of Directors - Alternates (2) • San Diego Association of Governments (SANDAL) Bayshore Bikeway Committee • South County Economic Development Council (EDC) - Member • South County Economic Development Council (EDC) - Alternate City of Chula Vista Page 1 of 1 Printed on 12/11/2014 istar 2014-12-16 Agenda Packet powered by Leg age 353 It N M GD O � U O U U U U U U N N ~ � � vUi `n cd "" �• � � vUi W W � � cn .� $ QQ o Q � o 0 ,4, a ct � � o � a W N C/5 ° O o ct � � Zs � o U U xU Cj o `° i CIJ o `� o � UU o xa a; o � U � U o on• o o U ° oj y 'on• � O � � yUy � yy � O a� �a U � � � �a ° c U 1 � d v� UO a jv� Q �° UCXO . . . . . . . . . . . . . . . . . ■ O C H NN aZ NNZN rZ OJ � O =L City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0714, Item#: 23. CONSIDERATION OF HOLDING A SPECIAL MEETING TO CONDUCT INTERVIEWS TO FILL THE VACANCY ON THE CITY COUNCIL, AND DISCUSSION AND POSSIBLE DIRECTION TO STAFF REGARDING RELATED PROCESSES City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 355 Item 23 - Additional Information City Councilmember Appointment Timeline Date Event Responsible Party December 15 - Application period open; resume required with application. Potential Applicants December 29 December 31 Applications to be provided to Councilmembers. City Clerk January 5, Councilmembers to provide nomination(s) to City Clerk; City Councilmembers 2015 annlicants receiving two or more nominations will be considered "finalists." January 6 City Clerk will notify applicants who are selected as finalists. City Clerk January 7 Deadline for finalists to submit economic interests disclosure Applicants/ Finalists form. January 8, Open meeting of the City Council to conduct initial interviews. City Councilmembers 4:00 PM To be Additional meetings of the City Council, as required, to City Councilmembers determined conduct interviews and deliberate regarding appointment. January 23 Deadline for Council to complete appointment or vacancy will City Councilmembers be filled by special election. City of Chula Vista OF CHU�LAVISTA Staff Report File#: 14-0695, Item#: 24. COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF REGULAR CITY COUNCIL MEETINGS City of Chula Vista Page 1 of 1 Printed on 12/11/2014 2014-12-16 Agenda Packet Page 356