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2015-04-14 Agenda Packet
' I declare under penalty of perjury•that I am employed by the Ciry of Chula Vists in the office of the Ciry Clerk and that�posced the document according to Brown Act requiremrnts. _-- _-�r -., _ Dated: � ro Signed:_ � : — � �_ t, = � -- - ---'z:�" �sr' ,,,. • cm oF , " CHULA VISfA . s sr, �,.; j. - -- o • / '" ���l��^L���i(/ � 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 Steve Miesen, Councilmember Tuesday, April 14, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL Revised 4/10/15 CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A.. 15-0122 PRESENTATION BY POLICE CHIEF BEJARANO OF EMPLOYEE OF THE MONTH SHELLY ROBILLARD, SECRETARY B. 15-0128 PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DISPATCH SUPERVISOR CARLA EVEN, PROCLAIMING APRIL 12 THROUGH APRIL 18, 2015 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK IN THE CITY OF CHULA VISTA Ciryo/ChWa V'ista Page 1 PAnretl on M1NM75 City Council Agenda April 14,2015 C. 15-0093 PRESENTATION OF A PROCLAMATION ` TO SOUTHWESTERN SUN STUDENT EDITOR LINA CHANKAR FOR BEING NAMED 2014/2015 NATIONAL COLLEGE REPORTER OF THE YEAR BY THE ASSOCIATED COLLEGIATE PRESS D. 15-0097 PRESENTATION OF A PROCLAMATION TO TREE SAN DIEGO PRESIDENT LAURIE BROEDLING PROCLAIMING FRIDAY, APRIL 24, 2015 AS ARBOR DAY IN THE CITY OF CHULA VISTA E. 15-0098 PRESENTATION OF A PROCLAMATION TO CSA SAN DIEGO COUNTY EXECUTIVE DIRECTOR ESTELA DE LOS RIOS, EXECUTIVE BOARD PRESIDENT JOSE PRECIADO AND EXECUTIVE FAIR HOUSING DIRECTOR YVONNE KOVATCH PROCLAIMING APRIL 2015 AS FAIR HOUSING MONTH IN THE CITY OF CHULA VISTA F. 15-0126 PRESENTATION OF AN EPA CLIMATE LEADERSHIP AWARD FOR THE SAN DIEGO REGIONAL CLIMATE COLLABORATIVE BY LAURA ENGEMAN , COLLABORATIVE MANAGER, AND RECOGNITION OF CHULA VISTA'S CONTRIBUTIONS AS A FOUNDING MEMBER OF THE COLLABORATIVE G. 15-0135 EMPLOYEE SERVICE RECOGNITION HONaRING STAFF WITH MILESTONE SERVICE ANNIVERSARIES H. 15-0144 PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, APRIL 7, 2015 AS NATIONAL SERVICE RECOGNITION DAY IN THE CITY OF CHULA VISTA I. 15-0064 PRESENTATION OF THE RIDA DEVELOPMENT CORPORATION BY CHIEF EXECUTIVE OFFICER, IRA MITZNER CONSENT CALENDAR (Items 1 - 18) The Council wrll enac! the Consent Calendar staff recommendations by one motion. without discussion, unless a Councilmem6er, a member of the public, or sta(f requests that an item be removed for discussion. If you wish to speak on one ol these items, please fill out a °Request to Speal�' form (available in the IobbyJ and submit it fo the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. Ciry ol Chula Nsta Paga 7 Pnnted an MiW2075 City Council � Agenda April 14,2015 1. 15-0140 APPROVAL OF MINUTES OF MARCH 17, AND APRIL 2, 2015 ' swea�omme�dauo�: Councii approve the minutes. 2. 15-0112 WRITTEN COMMUNICATIONS A. Memorandum from Councilmember Aguilar requesting an excused absence from the March 17, 2015 City Council meeting. B. Letter of resignation from Aliitama Sotoa, Board of Ethics. C. Letter of resignation from Georgie Stillman, Historic Preservation Commission. D. Letter of resignation from Joseph Boehm, Parks and Recreation Commission. s:anae�omme„eaua�: Council excuse the absence and accept the resignations. 3. 15-0143 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 (SUNSET CLAUSE) OF CHAPTER 10.68 (CAR SHARING PROGRAM AND PERMIT) OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) oePa�m,em: Public Works Department ; s�anRe�omme�eaua�: Council adopt the ordinance. 4. 15-0087 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (SECOND READING AND ADOPTION) oePa.m,e�f: Development Services Department swnae�omme�daso�: Council adopt the ordinance. Ciry o/Chula Irista Paga 7 PdneM on VfNZ075 City Council Agenda April 14,2015 \ 5. 15-0102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA "VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA, INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN-LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT (Continued from March 17, 2015) oePa�enr: Development Services Department StaNRecommendalion: C�,OUf1Cl� 2dOP��h8 fOSO�UtIOfI. . 6. 15-0058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT 1515 OLEANDER AVENUE" (DR201); APPROPRIATING $191,987 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CIP DR201; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR DR201; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND RATIFYING THE CONTRACT WITH TC CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR (4/5 VOTE REQUIRED) oePartme�r Public Works Department StaflRecommendation: COUf1C�� 2dOPt tf12 f2SO�UflOf1. 7. 15-0061 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO MECHANICAL ENERGY IN THE AMOUNT OF $62,128 TO UPGRADE Tric CcNTRAL PLANT CONTROLS AT THE POLICE HEADQUARTERS oePartme�c Public Works Department sr�nae�omme�dauao: Council adopt the resolution. City o/Chola Ysta Paga 0 Pnnretl on NiN4415 City Council Agenda Apri114,2015 8. 15-0100 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA ' VISTA APPROVING MULTIPLE PROPOSAL SUBMITTALS TO THE SAN DIEGO FOUNDATION AND THE SAN DIEGO REGIONAL CLIMATE COLLABORATIVE'S BUILDING REGIONAL RESILIENCE GRANT PROGRAM oePa�e�r. Public Works Department s:anaecomme�aauo�: Council adopt the resolution. 9. 15-0103 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2O18/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) (Continued from March 17, 2015) oepa.v�e�t: Public Works Department StaHRecommendafion: C.OUf1Cl� BdOPt lh2 f@SO�UtIOfI. 10. 15-0113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) COMBINATION SEWER CLEANING TRUCKS IN � ACCORDANCE WITH THE TERMS AND CONDITIONS OF - THE CITY OF VENTURA BID NUMBER B-130000153 AND PURCHASE ORDER NIJIVI6CK 100G02553, AM1�D THE CITY OF ESCONDIDO BID NUMBER 13-07, 2014 AND PURCHASE ORDER NUMBER ESC-0000034389 oePa,n,�e�t: Public Works DepaRment sana�omme�eauo�: Council adopt the resolution. City o/Chula Vsta Page 5 Printed on NiWM15 City Council Agenda April 14,2015 11. 15-0115 , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA " VISTA REJECTING ALL BIDS FOR THE "OUTDOOR SOCCER ARENA RENOVATIONS" (PR322) PROJECT AT SALT CREEK PARK AND DIRECTING STAFF TO RE-ADVERTISE THE PROJECT oePa,ur�e„e: Public Works Department StaNRecommentlation: C,OUf1Cl� 8d0(lt fh2 (2SO�UtlOf1. 12. 15-0116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) VEHICLES FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 AND ONE (1) VEHICLE FROM ALTEC, INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 031014 AND APPROPRIATING $180,000 TO THE EQUIPMENT REPLACEMENT FUND (4/5 VOTE REQUIRED) oePa�e�t: Public Works Department sweaecomme�aauo�: Council adopt the resolution. 13. 15-0099 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 2.52 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2016 (FIRST READING) oeparrment: City Cle�k � sr�eaecommendauo�: CounCil plaCe the ordinanCe on first reading. 14. 15-0104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $566,925 FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES, WAIVING i nE CONSULTANT SELECTION PROCESS, APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES AND APPROPRIATING $94,488 TO THE POLICE GRANT FUND FOR THE DOMESTIC VIOLENCE RESPONSE TEAM (4/5 VOTE REQUIRED) oePan,,,em: Police Department sr�nae�omme�eauo�: Council adopt the resolution. Gty ol Chala Ysta Paga 8 Pdnfed on G1N10f 5 City Council Agenda April 14,2015 � 15. 15-0107 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA 'VISTA ACCEPTING $16,000 FROM THE COUNTY OF SAN DIEGO AND 5173,188 FROM THE CITY OF SAN DIEGO AND APPROPRIATING $69,188 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/5 VOTE REQUIRED) oeParur�e�r: Police Department StaXRecommenaatlon: COUl1CII BdOpf fh@ fBSOIUfiOf1. 16. 15-0109 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY . OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO PURCHASE UNIFORMS FROM ACE UNIFORMS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO RECEIVE SERVICES FROM MERZ CONSTRUCTION COMPANY FOR CAPITAL IMPROVEMENT PROJECTS oePanrt,e�e Police Department stanae�omme�eauo�: Council adopt the resolutions. 17. 15-0132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BID OF THE FIRST LOW BIDDER AS NON-RESPONSIVE ACCEPTING AND AWARDING THE °PLAYGROUND EQUIPMENT AND INSTALLATION" PROJECT (PR320) TO PACIFIC PLAY SYSTEMS TO FURNISH AND INSTALL PLAYGROUND FACILITIES AT VALLE LINDO, LOS NINOS AND LOMA VERDE PARKS oePa.u�e�t: Public Works Department sranae�omme�eauo�: Council adopt the resolution. Ciry o/Chula Vftta Paga 7 Pnntetl on L1M1075 City Council Agenda April 14,2015 18. 15-0133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA ' VISTA APPROVING AN AGREEMENT TO PROVIDE SEWER AND PARKING CITATION BILLING SERVICES BETWEEN THE CITY AND INFOSEND, INC. AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT oePa�e�r. Finance Department SW//Recommentlatlon: COUf1Cl� 2dOPf the f2SO�UfiOf1. � 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 f�om discussing or taking actron on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limifed to fhree minutes. PUBLIC HEARINGS The following item(s) have been adveRised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a °Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 19. 14-0604 CONSIDERATION OF AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN AND RELATED REZONING ACTIONS A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN TO: 1) REZONE CERTAIN APARTMENT RESIDENTIAL (R-3) ZONED PARCELS AND CERTAIN COMMERCIAL ZONED PARCELS FOR CONSISTENCY WITHIN THEIR UCSP SUBDISTRICT AREA EXCLUDING THE FOLLOWING SUB�IST°�CTS: V-1; V-2; V-3; UC-12; AND UC-14; 2) REMOVE THE MINIMUM FLOOR AREA RATIO IN CERTAIN SUBDISTRICTS; 3) REMOVE LOT COVERAGE AS A MANDATORY DEVELOPMENT STANDARD; AND 4) MAKE MINOR MODIFICATIONS TO ENSURE CONSISTENCY WITH CITY POLICIES, PROCEDURES, AND PROCESSES (FIRST READING) Ciry oiChWa Ysta Paga 8 Pnnred on NiWM15 City Council Agenda April 14,2015 B. ORDINANCE OF THE CITY OF CHULA ,VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN TO: 1) REZONE CERTAIN APARTMENT RESIDENTIAL (R-3) ZONED PARCELS AND CERTAIN COMMERCIAL ZONED PARCELS FOR CONSISTENCY WITHIN THEIR UCSP AREA; 2) REMOVE THE MINIMUM FLOOR AREA RATIO IN CERTAIN SUBDISTRICTS; 3) REMOVE LOT COVERAGE AS A MANDATORY . DEVELOPMENT STANDARD; AND 4) MAKE MINOR MODIFICATIONS TO ENSURE CONSISTENCY WITH CITY POLICIES, PROCEDURES, AND PROCESSES (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN LAND USE MATRIX TO ALLOW CERTAIN DELETIONS AND ADDITIONS OF LAND USES AND PERMIT PROCESSES (FIRST READING) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE REZONING OF PROPERTIES CURRENTLY BEING OPERATED AS TRAILER PARKS HAVE COMPLIED WITH REQUIRED _ PROVISIONS OF LUT SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN oepartrt,e�r: Development Services Department StaNRxommendation: �� Council conduct the public hearing, place the ordinances on first reading, and adopt the resolution; 2) provide direction to staff as to whether or not to pursue additional zoning changes as recommended by the Planning Commission. 20. 15-0076 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION ' Ciryo/Chu/allisfa Paga9 � PnnfeEOnQiN2015 City Council Agenda April 14,2015 oePa�n�e�t: Finance Department s�anRe�omme�aaao�: Council conduct the public hearing and adopt the resolution. 21. 15-0077 CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION oePa,u�em: Finance Department sr�nrse�omme�aano�: Councii conduct the public hearing and adopt the resolution. 22. 15-0121 CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; APPROPRIATING. $150,000 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CAPITAL IMPROVEMENT PROJECT STL400; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE II, FROM NORTH OF MADRONA STREET TO °F° STREET (CIP#STL400)" TO PALM ENGINEERING CONSTRUCTION CO., INC. IN THE AMOUNT OF $2,295,775.55; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN THE AMOUNT NOT TO EXCEED $230,000 (4/5 VOTE REQUIRED) oePnrur,e�r: Public Works Department s�anaeoomme�anuo�: Council conduct the public hearing and adopt the resolution. Ciryo/Chula Ysta Page 10 Pnnfetl on Gf0/M15 City Council Agenda Apri114,2015 ACTION ITEMS = The Item(s) listed in this section of the agenda will be conside�ed individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Cferk prior to the meeting. 23. 15-0130 CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.56 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES IN WESTERN CHULA VISTA (FIRST READING) oepa.m,e�f: Development Services Department s�naeoomme�dauo�: Council place the ordinance on first reading. 24. 15-0105 CONSIDERATION OF APPROVING THE PROPOSED CONTRACTS FOR PROFESSIONAL CONSULTING SERVICES RELATED TO CONTINUED PLANNING AND IMPLEMENTATION OF THE UNIVERSITY AND INNOVATION DISTRICT A. RESOLUTION OF THE CITY COUNCIL OF THE CITY - � OF CHULA VISTA WAIVING . THE FORMAL SELECTION PROCESS, APPROVING A TWO-PART'Y AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND U3 ADVISORS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF THE CHULA VISTA UNIVERSITY PARTNERSHIP AND ASSISTANCE IN THE UNIVERSITY RECRUITMENT PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Ciry o/Chv/a Vista Page 1 f Pnnted on LiQ�2015 City Council Agenda April 14,2015 , B. RESOLUTION OF THE CITY COUNCIL OF THE� CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS, APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AYERS SAINT GROSS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF A SECTIONAL PLANNING AREA PLAN AND DEVELOPMENT OF VISION DOCUMENTS FOR THE UNIVERSITY AND INNOVATION DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT oePanme�r: Development Services Department Sta//RecommenGafion: COUf1Cl� BdOPt�h2 f2SO�UtIOf15. CITY MANAGER'S REPORTS MAYOR'S REPORTS 25. 15-0147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING CERTAIN EXECUTIVE ACTIONS ON IMMIGRATION TAKEN BY PRESIDENT OBAMA ON NOVEMBER 20, 2014 COUNCILMEMBERS' COMMENTS CLOSED SESSION Should the Council conclude Special Orders of the Day and the Consent Calenda� prior to 6:00 p.m.. it may convene in Closed Session pno� to 6:00 p.m. to hea� items listed on the agenda under Clased Sessron. Announcements of actions taken in Cfased Session shall be made available by noon on Wednesday following the Council Meeting at the City Attomey's o�ce in accordance with the Ralph M. Brown Act(Govemment Code 54957.7). 26. 15-0138 CONFERENCE WITH LEGAL COUNSEL REGARDING . EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: A) John Hess v. Dave Hanneman, et al., United States District Court, Case No. 14cv2271 CAB JMA; B) Chris Shilling, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2015-00006097 -CU-MGCTL Ciry o/Chufa Yufa Page 12 Pdnfed on L1N1015 City Council Agenda ' April 14,2015 C) City of Chula Vista. v. Bay & E, Inc., et al., San� Diego Superior Court, Case No. 37-2013-00055103-CU-MC-CTL ADJOURNMENT to the .Regula� City Council Meeting on April 21, 2015, at 5:00 p.m., in the Council Chambers. Materials provrded to the City Council related to any open-session item on this agenda are available (or public review at the City Clerk's O(fice, located in City Hall at 276 FouAh Avenue, Building A, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista 2quests rndividuals who requiie special accommodations fo access, attend, and/or paKicipate in a City meeting, activity, or service, contact the City.Clerk's O�ce at(619J 691-5041(Califomia Relay Service is available for the hearing impaired by dialing 711)at least , foRy-eight hours in advance of the meeting. Sign up at,nvw.chulavistaca.gov to receive email notifrcations when City Council agendas are published online. Ciry olChula Nsta Page 1J Pnnted on NiN20f5 CITY OF CHULA VISTA File #: 15 -0122, Item #: A. City of Chula Vista Staff Report PRESENTATION BY POLICE CHIEF BEJARANO OF EMPLOYEE OF THE MONTH SHELLY ROBILLARD, SECRETARY City of Chula Vista Page 1 of 1 -- m1;rTIzMING&7 2015 -04 -14 Agenda Packet Page 14 CITY OF CHULA VISTA File #: 15 -0128, Item #: B. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION TO CHULA VISTA POLICE DISPATCH SUPERVISOR CARLA EVEN, PROCLAIMING APRIL 12 THROUGH APRIL 18, 2015 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK IN THE CITY OF CHULA VISTA City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 15 CITY OF CHUTA VISTA File #: 15 -0093, Item #: C. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION CHANKAR FOR BEING NAMED 2014/201 5 THE ASSOCIATED COLLEGIATE PRESS City of Chula Vista 2015 -04 -14 Agenda Packet TO SOUTHWESTERN SUN STUDENT EDITOR LINA NATIONAL COLLEGE REPORTER OF THE YEAR BY Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 16 CITY OF CHULA VISTA File #: 15 -0097, Item #: D. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION TO TREE SAN DIEGO PRESIDENT LAURIE BROEDLING PROCLAIMING FRIDAY, APRIL 24, 2015 AS ARBOR DAY IN THE CITY OF CHULA VISTA City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 17 PROCLAIMING FRIDAY, APRIL 24, 2015, AS ARBOR DA YIN CHULA VISTA WHEREAS, Arbor Day works to unite and educate communities and businesses on the value trees provide to build successful, healthy cities and neighborhoods. It is a chance for all ages to celebrate our natural wonders and most treasured resources together; and WHEREAS, the best way to observe the holiday is to encourage planting and caring for existing trees, joining in community events and teaching our youth; and WHEREAS, the idea of Arbor Day originated in Nebraska in 1872 by founder J. Sterling Morton. The first Arbor Day (Latin for tree day) was held on April 1, 1872 with an estimated one million trees planted that single day; and WHEREAS, trees are valuable economic assets playing roles in energy conservation, improving air quality, protecting water resources, providing wildlife habitat, providing shade that reduces the Urban Heat Island Effect and addresses local adverse climate change impacts, beautifying neighborhoods, and contributing to the overall health of our residents; and WHEREAS, National Arbor Day is celebrated in the United States, every year on the last Friday in April, this year the 24th. Several states, including California, observe the holiday at a time best suited for tree planting; and WHEREAS, the City is renewing its commitment to being a Tree City USA by planting additional trees to improve the quality of life for Chula Vista residents and support the City's environmental goals, NOW, THEREFORE, I, MARY CASILLAS SALAS, 40th Mayor of the City of Chula Vista, do hereby proclaim April 24, 2015 as Arbor Day in Chula Vista. Residents, businesses and organizations are encouraged to celebrate by planting trees in our community or by supporting organizations whose tree planting, care and maintenance mission benefits the environment. 2015 -04 -14 Agenda Packet Page 18 CITY OF CHULA VISTA File #: 15 -0098, Item #: E. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION TO CSA SAN DIEGO COUNTY EXECUTIVE DIRECTOR ESTELA DE LOS RIOS, EXECUTIVE BOARD PRESIDENT JOSE PRECIADO AND EXECUTIVE FAIR HOUSING DIRECTOR YVONNE KOVATCH PROCLAIMING APRIL 2015 AS FAIR HOUSING MONTH IN THE CITY OF CHULA VISTA City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 19 CITY OF CHULA VISTA File #: 15 -0126, Item #: F. City of Chula Vista Staff Report PRESENTATION OF AN EPA CLIMATE LEADERSHIP AWARD FOR THE SAN DIEGO REGIONAL CLIMATE COLLABORATIVE BY LAURA ENGEMAN, COLLABORATIVE MANAGER, AND RECOGNITION OF CHULA VISTA'S CONTRIBUTIONS AS A FOUNDING MEMBER OF THE COLLABORATIVE City of Chula Vista Page 1 of 1 -- m1;rTIzMING&7 2015 -04 -14 Agenda Packet Page 20 CITY OF CHULA VISTA File #: 15 -0135, Item #: G. EMPLOYEE SERVICE ANNIVERSARIES City of Chula Vista City of Chula Vista Staff Report RECOGNITION HONORING STAFF WITH MILESTONE SERVICE Page 1 of 1 -- m1;rTIzMING&7 2015 -04 -14 Agenda Packet Page 21 CITY OF CHULA VISTA File #: 15 -0144, Item #: H. City of Chula Vista Staff Report PRESENTATION OF A PROCLAMATION PROCLAIMING TUESDAY, APRIL 7, 2015 AS NATIONAL SERVICE RECOGNITION DAY IN THE CITY OF CHULA VISTA City of Chula Vista Page 1 of 1 -- m1;rTIzMING&7 2015 -04 -14 Agenda Packet Page 22 CITY OF CHULA VISTA File #: 15 -0064, Item #: I. City of Chula Vista Staff Report PRESENTATION OF THE RIDA DEVELOPMENT CORPORATION BY CHIEF EXECUTIVE OFFICER, IRA MITZNER City of Chula Vista Page 1 of 1 -- m1;rTIzMING&7 2015 -04 -14 Agenda Packet Page 23 CITY OF CHUTA VISTA File #: 15 -0140, Item #: 1. City of Chula Vista Staff Report APPROVAL OF MINUTES OF MARCH 17, AND APRIL 2, 2015 RECOMMENDED ACTION Council approve the minutes. City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 24 City of Chula Vista Meeting Minutes - Draft Tuesday, March 17, 2015 4:00 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 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Absent: Councilmember Aguilar Also Present. City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. CONSENT CALENDAR (Items 1 - 10) Mayor Salas stated that Items 5 and 10 would be removed from the Consent Calendar and continued to the meeting of April 14, 2015. 1. 15 -0095 APPROVAL OF MINUTES of March 3, and March 5, 2015. Recommended Action: Council approve the minutes. 2. 15 -0083 WRITTEN COMMUNICATIONS Memorandum from Councilmember McCann requesting an excused absence from the March 3, 2015 City Council meeting. Recommended Action: Council excuse the absence. 3. 15 -0088 ORDINANCE NO. 3336 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FINANCE AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 1 2015 -04 -14 Agenda Packet Page 25 City Council Meeting Minutes - Draft March 17, 2015 4. 15 -0089 ORDINANCE NO. 3337 OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. Item 5 was removed from the Consent Calendar. 6. 15 -0072 RESOLUTION NO. 2015 -061 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) AND APPROPRIATING $288,900 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT STL399 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 7. 15 -0065 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 (SUNSET CLAUSE) OF CHAPTER 10.68 (CAR SHARING PROGRAM AND PERMIT) OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Recommended Action: Council place the ordinance on first reading. 8. 15 -0070 RESOLUTION NO. 2015 -062 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "USED MOTOR OIL AND FILTER RECYCLING MEDIA CAMPAIGN" TO MJE MARKETING SERVICES FOR MEDIA BUYING, EDUCATION AND PROMOTION, AND GRAPHICS SUPPORT IN THE AMOUNT OF $600,000 Recommended Action: Council adopt the resolution. 9. 15 -0050 RESOLUTION NO. 2015 -063 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CO- LOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF OLYMPIC PARKWAY AND LA MEDIA ROAD, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT Recommended Action: Council adopt the resolution. Item 10 was removed from the Consent Calendar. City of Chula Vista Page 2 2015 -04 -14 Agenda Packet Page 26 City Council Meeting Minutes - Draft March 17, 2015 ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember McCann, 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, McCann, Miesen and Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR 5. 15 -0092 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) (Continued from March 3, 2015) Item 5 was continued to the meeting of April 14, 2015. 10. 14 -0748 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA, INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT Item 10 was continued to the meeting of April 14, 2015 PUBLIC COMMENTS There were none. CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Sa /as announced the upcoming State of the City Address and wished everyone a happy Saint Patrick's Day. City of Chula Vista Page 3 2015 -04 -14 Agenda Packet Page 27 City Council Meeting Minutes - Draft March 17, 2015 COUNCILMEMBERS' COMMENTS Deputy Mayor Bensoussan announced the opening of the new dog park in Eucalyptus park on March 21, 2015. Mayor Salas thanked Deputy Mayor Bensoussan for her work on the dog park. Councilmember McCann wished Mayor Salas well on her first State of the City Address. He congratulated Deputy Mayor Bensoussan on the opening of the dog park and wished everyone a happy Saint Patrick's Day. Councilmember Miesen wished Mayor Salas happy birthday and well on her State of the City Address. Mayor Salas recognized the staff and volunteers who participated in the planning and implementation of the State of the City Address. ADJOURNMENT At 4:13 p.m., Mayor Salas adjourned the meeting to the State of the City Address at 6:00 p.m., in the Council Chambers; and thence to the regular City Council Workshop on April 2, 2015 at 4:00 p.m., in the Council Chambers. City of Chula Vista Page 4 Kerry K. Bigelow, Assistant City Clerk 2015 -04 -14 Agenda Packet Page 28 City of Chula Vista Meeting Minutes - Draft Tuesday, March 17, 2015 6:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 MAYOR MARY CASILLAS SALAS STATE OF THE CITY ADDRESS A Special Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas 15 -0096 STATE OF THE CITY ADDRESS OPENING REMARKS City Attorney Googins welcomed the audience to the 2015 State of the City Address, and introduced special guests and dignitaries present at the meeting. COLOR GUARD PRESENTATION Members of the City's Fire and Police Departments presented the colors. PLEDGE OF ALLEGIANCE TO THE FLAG City Attorney Googins introduced children of Chula Vista employees and officials who led the Pledge of Allegiance. NATIONAL ANTHEM Maya Mendez, Otay Ranch High School student, performed the National Anthem. INVOCATION City Attorney Googins introduced Pastor Frank Goring, who offered the invocation. COMMUNITY AWARDS PRESENTATION Members of the Council presented community awards. Mayor Salas recognized Anthony Rivera and Alejandro Hernandez. Deputy Mayor Bensoussan recognized Kevin O'Neill. Councilmember Aguilar recognized Penny Vaughn. Councilmember McCann recognized Cheryl and Rob Shields. Councilmember Miesen recognized Jay Norris. STATE OF THE CITYADDRESS City Attorney Googins introduced Mayor Salas. Mayor Salas presented the State of the City Address. ADJOURNMENT At 7:06 p.m., the meeting was adjourned to a reception. City of Chula Vista Page 1 Kerry K. Bigelow, Assistant City Clerk 2015 -04 -14 Agenda Packet Page 29 City of Chula Vista Meeting Minutes - Draft Thursday, April 2, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 CITY COUNCIL WORKSHOP CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Deputy Mayor Bensoussan, Councilmember McCann, Councilmember Miesen and Mayor Salas Absent: Councilmember Aguilar Also Present. City Manager Halbert, City Attorney Googins, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember McCann led the Pledge of Allegiance. PUBLIC COMMENTS David Danciu, Chula Vista resident, spoke regarding the importance of infrastructure to residents. WORKSHOP City of Chula Vista Staff presentation on the evolution and current status of each of the nine Asset Management Systems (Building, Drainage, Fleet, General Government, Open Space, Parks, Roadway, Urban Forestry, and Wastewater) which comprise the City's Asset Management Program (AMP). The summary will include: confidence level in the data, estimates of the overall health of the systems, critical needs, and potential funding mechanisms. Comments by the Asset Management Program Advisory Committee Suggested Council referrals to staff: Continue progress over the next year in completing the remaining inventory and condition assessments. Further explore funding options including public outreach and surveys to secure community input. Page 1 2015 -04 -14 Agenda Packet Page 30 City Council Meeting Minutes - Draft April 2, 2015 Public Works Director Hopkins provided an overview of the Asset Management Program and spoke regarding civic engagement efforts. Colin Chung and Michelle Kim, consultants, representing GHD Consulting, provided information on their data collection and analysis efforts related to the City's asset management program. Mr. Chung spoke regarding the life cycle of assets and cost of ownership. He provided a demonstration of an asset management tool that had been developed for the City. In response to a question from Mayor Salas, Public Works Director Hopkins stated that staff anticipated placing a link to the asset management tool on the City's website. Director of Public Works Hopkins gave a presentation about the City's nine asset management programs, including information on past spending and estimated deferred maintenance costs: Wastewater Management System (WMS), Drainage Management System (DMS), Roadway Management System (RMS), Urban Forestry Management System (UFMS), Parks Management System (PMS), Fleet Management System (FMS), Building Management System (BMS), Open Space Management System (OSMS), and General Government Management System (GGMS). Open Space Manager Oludunfe spoke regarding the care and preservation of trees. In response to questions from Councilmember McCann, Public Works Director Hopkins spoke regarding funds allocated for tree trimming. In response to a question from Mayor Salas, Public Works Director Hopkins spoke regarding leasing vehicles instead of purchasing for City use. Public Works Director Hopkins spoke regarding the continuing efforts toward managing the City's assets. He introduced the following members of the Asset Management Program Advisory Committee, who spoke regarding the item: - Bob Coleman, Chula Vista resident, commended the efforts of staff and the consultants in evaluating the City's assets. He spoke in support of prioritizing needs and provided his insights from touring the City's assets. He suggested a public education campaign to educate the community on the topic. - Luanne Hulsizer, representing the Third Avenue Village Association (TAVA), expressed concern regarding the degradation of the City's infrastructure. - David Cromwell, representing Aquatica, commended staff and the consultants on their work in evaluating and addressing the City's assets. He spoke in support of the City being transparent and allowing the information on assets to be easily accessible to the public. - Jack Boda, Chula Vista resident, expressed support for the asset evaluation tool and commended staff. Councilmember Miesen commended City staff and spoke regarding his experience in touring the City's assets. He expressed support for educating the community on the needs and soliciting public input. Councilmember McCann thanked the citizens and members of the Asset Management Program Committee for their participation, and commended staff. He spoke in support of identifying specific projects and programs on which to spend revenue. David Danciu, Chula Vista resident, expressed concern regarding the cost of managing assets. He spoke in opposition to increasing taxes and suggested the City consider the use of bond funds. City Manager Halbert spoke regarding addressing asset needs and funding sources. Deputy City Manager Kachadoorian spoke regarding the past issuance of bonds and stated that the City's General Fund did not have the capacity to address the magnitude of the existing asset management needs. City of Chula Vista Page 2 2015 -04 -14 Agenda Packet Page 31 City Council Meeting Minutes - Draft April 2, 2015 Jane Gerber, Chula Vista resident, expressed concern regarding the condition of the City's assets. She spoke in support of using a volunteer workforce to address some of the asset repair and maintenance needs. Brad Barnum, Associated General Contractors, commended the staff and volunteers who worked on the Asset Management Program Advisory Committee. He spoke regarding some potential funding sources. There was consensus of the Council to direct staff to continue to refine the asset management tool and continue the public outreach efforts. At the request of Mayor Salas there was consensus of the Council to add an item to the meeting of April 14, 2015, to consider supporting President Obama's recent executive action regarding immigration. ADJOURNMENT At 5:39 p.m., Mayor Salas adjourned the meeting to the Regular City Council Meeting on April 14, 2015, at 4:00 p.m., in the Council Chambers. City of Chula Vista Page 3 Kerry K. Bigelow, Assistant City Clerk 2015 -04 -14 Agenda Packet Page 32 CITY OF CHUTA VISTA File #: 15 -0112, Item #: 2. WRITTEN COMMUNICATIONS City of Chula Vista Staff Report A. Memorandum from Councilmember Aguilar requesting an excused absence from the March 17, 2015 City Council meeting. B. Letter of resignation from Aliitama Sotoa, Board of Ethics. C. Letter of resignation from Georgie Stillman, Historic Preservation Commission. D. Letter of resignation from Joseph Boehm, Parks and Recreation Commission. RECOMMENDED ACTION Council excuse the absence and accept the resignations. City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT" Page 33 \I fl, Councilmember Patricia Aguilar City Of Chula Vista 276 Fourth Avenue CITY - F CITY OF CHULA VISTA 619.691.5044 — 619.4.4 76.5379 Fax Chula Vista, Ca 919 MEMO DATE: March 19, 2015 TO: Mayor and City Councilmembers CC: City Manager, City Clerk, City Attorney FROM: Councilmember Patricia Aguilar RE: Absence from Office pt 1 61 GC1 Dear Mayor and Council members, Please excuse my absence from the City Council meeting of March 17, 2015. 1 was unable to attend due to a prior business commitment. Thank you, Pat Aguilar Cc? "-4 %A <--c rn- a n m;. Ln X M 0 rn C Q 2015 -04 -14 Agenda Packet Page 34 From: Aliitama Sotoa Sent: Thursday, July 31, 2014 1:00 AM To: Simon Silva Cc: Joyce Malveaux; Kerry Bigelow Subject: Re: Board of Ethics Hi Simon, I trust that all is well with you... Everything is going fairly well with me here in American Samoa. Slowly but very surely... I'm very sorry and apologize for not getting back to you in a timely fashion. it's that time of the year here toward the end of the current fiscal year with budget annual reports, reconciliation and etc.; as well as budget hearings for the new fiscal year (2014 - 2015). I've been in this new appointment for 7 months now and confident that I've gotten the hang of it. with all regrets this email will serve as a confirmation of my resignation from the Board of Ethics. An official and formal resignation letter will be followed shortly. I've truly enjoy the time with you, staff and members of the Board and you all will always have a place in my heart. I missed you all. Thank you for everything and sharing your legal experience in "Ethics 101" and more. Of course I will definitely contact you for your assistance in the future; and perhaps a trip to American Samoa. Have a blessed evening and the rest of the week. Aliitama (AI) Sotoa Director, State Energy Office Territory of American Samoa 2015 -04 -14 Agenda Packet Page 35 Georgie Stillman ASA A P P R A I S A L S E R V I C E S I N C E 1 9 7 4 ASA S USPAP Certified Professional Appraiser March 31, 2015 The Honorable Mayor of Chula Vista and City Council Lynnette Tessitore -Lopez Marilyn Ponseggi The City of Chula Vista Historic Preservation Commission Dear Mayor, Council, Commissioners and Staff, With this letter I tender my resignation as a Commissioner on the Chula Vista Historic Preservation Commission, effective immediately. I am honored to have served as an advocate for historic preservation in our city since my appointment to the Resource Conservation Commission, as a member of the Citizens Advisory Committee on Historic Preservation, and as member of the Historic Preservation Commission. Respectfully, Georgie Stillman, ASA Cc: Donna Norris, City Cleric Pli: 619.-129.0 X37 E -mat ge.orgie.s@coa.net 580 Twi:i Oaks Avenue, C iub Vista, CA 91910 -,i'R'w.georgiesilHman-com 2015 -04 -14 Agenda Packet Page 36 6 April 2015 Attn: Margarita Cellano City of Chula Vista Building C 276 Fourth Avenue Chula Vista, CA 91910 Joseph R. Boehm Chula Vista CA 91913 Dear Mayor, City Council, Director of Parks and Recreation and PRC Commission members: This is to officially advise you that I am obligated to tender my resignation as a PRC Commissioner effective 6 April 2015. 1 recently applied for, and was fortunate to get a great new job at Marine Corps Air Station Miramar. Additionally, along with the new job, we have decided to sell our Chula Vista home of 15 years. 1 will be relocating to the Mission Valley area of San Diego on 10 April 2015. I have thoroughly enjoyed my time with the Parks and Recreation Commission. The challenges the City of Chula Vista employees take on each and every day in trying to balance City services with available resources is very daunting. Despite these challenges, I have not met a single City of Chula Vista employee that was not positive in their approach to meet these challenges. City Staff has been nothing but impressive during my time with the PRC. A very special thank you to the Director of Recreation, Kristi McClure Huckaby, and Margarita Cellano of the Recreation Department. They made serving on the PRC fun and enjoyable. Respectfully Submitted. /Joseph R. Boehm 2015 -04 -14 Agenda Packet Page 37 CITY OF CHULA VISTA File #: 15 -0143, Item #: 3. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 (SUNSET CLAUSE) OF CHAPTER 10.68 (CAR SHARING PROGRAM AND PERMIT) OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Car sharing is a newer car rental model, in which customers rent cars for short periods of time, often by the hour. Car sharing services typically offer an easily - accessible, affordable alternative transportation option for residents and visitors and help improve local air quality. The City Council adopted a Car Sharing Program ordinance in 2013, which included a "sunset clause." As such, staff is proposing to repeal the sunset clause, so that current car sharing services can continue to operate and additional car sharing companies can be solicited. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines, because the proposed actions will result in the ongoing operation of car sharing services, which helps to improve local air quality. Thus, no further environmental review is required. BOARD /COMMISSION RECOMMENDATION At their January 12th meeting, the Resource Conservation Commission unanimously recommended that City Council repeal the Car Sharing Program's "sunset clause." DISCUSSION Car sharing is a newer car rental model, in which customers rent cars for short periods of time, often by the hour. Car sharing services typically offer an easily - accessible, affordable alternative transportation option for residents and visitors without or with limited access to a personal vehicle. Although car sharing services have been around since the 1970s, their popularity has increased in recent years, especially in urban areas. Car sharing has been shown to provide environmental benefits for communities by reducing the need for residents to own a vehicle (or a second household vehicle) and helping "fill the gap" in public transit networks by allowing users to more easily link trips using buses, trolleys, bicycles, and walking. In 2013, the City Council amended Chapter 10 (Vehicles & Traffic) of the Chula Vista Municipal Code to establish a Car Sharing Program and Permit, which provided guidelines for car sharing services operating within the jurisdiction (Ordinance #2013 - 3266). Specifically, the Car Sharing Program City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 2 Printed on 4/9/2015 powered by LegistarT" Page 38 File #: 15 -0143, Item #: 3. outlines rules and regulations for parking meter fee payments, requires certain indemnification and insurance levels, and authorizes the City Manager to issue permits according to the guidelines. Shortly after the ordinance was adopted, staff worked with Car2Go to expand their all- electric car sharing services into the City's more densely - populated western areas. The original ordinance included a "sunset clause" that would automatically terminate the Car Sharing Program two years after its adoption unless City Council decided to continue it. As such, staff is proposing to repeal the sunset clause and continue the Car Sharing Program. Car sharing services have been successfully operating within the City's boundaries for approximately 18 months with no major incidents or issues. In addition, car sharing was recently recommended by the Climate Change Working Group, comprised of residents, business, education, non - profit, and utility representatives, as an important strategy in reducing greenhouse gas emissions and improving local air quality. City staff hopes to attract additional car sharing services into the community over the next couple years. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18705.2 (a)(11), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Continuation of the Car Sharing Program will support the Healthy Community goal by reducing greenhouse gas emissions and improving local air quality. CURRENT YEAR FISCAL IMPACT There is no additional fiscal impact in approving this item as the administrative costs for this program are budgeted within the Public Works Conservation Section program. ONGOING FISCAL IMPACT There is no ongoing fiscal impact in approving this item as the administrative costs for this program are budgeted within the Public Works Conservation Section program. ATTACHMENTS None Staff Contact: Brendan Reed City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 39 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 [SUNSET CLAUSE] OF CHAPTER 10.68 [CAR SHARING PROGRAM AND PERMIT] OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, Chapter 10.68 of the Chula Vista Municipal Code provides for the establishment of a Car Sharing Program and attendant City Manager issued permit. WHEREAS, Section 10.68.500 of Chapter 10.68 provides that the Chapter shall "sunset," meaning expire, two (2) years after its adoption unless Section 10.68.500 is repealed; WHEREAS, the City desires to continue the Car Sharing Program and attendant City Manager issued permit process as set forth in Chapter 10.68; WHEREAS, the Resource Conservation Commission unanimously recommended that City Council continue the Car Sharing Program at their meeting on January 12, 2015; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 10.68.500 [Sunset Clause] of Chapter 10.68 [Car Sharing Program and Permit] is hereby repealed. Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. 2015 -04 -14 Agenda Packet Page 40 Ordinance Page 2 Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 41 CITY OF CHULA VISTA File #: 15 -0087, Item #: 4. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY The City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy ( "Policy ") in 1987 and the Growth Management Program document and "Growth Management" ordinance in 1991, establishing Chula Vista's Growth Management Program. During the last high growth period in the early 2000's, questions arose as to whether our Growth Management Program provisions, largely developed almost 20 years prior, were still appropriate and effective. Council subsequently directed that a "top -to- bottom" review be conducted. The proposed updated "Growth Management" ordinance and Growth Management Program Implementation Manual are the outcome of that effort. Chula Vista experienced a growth boom that began in 1999 and continued through 2005. During that time period, the City Council requested that a comprehensive review of the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) and threshold standards for eleven city services or topics be conducted to make certain that they worked "in today's world." Therefore, staff undertook the process of comprehensively reviewing the city's Growth Management Program from "top -to- bottom," and hired a consultant (Economic & Planning Systems) to help work on an initial review of the Growth Management Program, which resulted in a white paper with observations and suggestions that was presented to Council in 2004. (This was in conjunction with the General Plan Update that was occurring at that time.) Council accepted the white paper and authorized a work program for undertaking a top -to- bottom review, and the preparation of resultant revisions to the city's Growth Management Program provisions. Some of the key policy questions in the white paper included: ■ Should threshold standards be revised to recognize the emerging urban policy objectives within Western Chula Vista (Urban Core) versus the suburban development focus of the existing threshold standards? ■ Should threshold standards be updated to reflect new service delivery, measurement techniques, and review of their overall utility? Candidate updates included traffic modeling techniques and congestion monitoring methods, and fire and police service standards. ■ Should the city establish criteria and techniques that allow additional control of development activity, including requirements above and beyond the current focus on tentative maps? This City of Chula Vista Page 1 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 42 File #: 15 -0087, Item #: 4. included introducing building permit -based controls into the threshold standards, and considering whether to add the prospective use of annual development metering tools. ■ Should regional and intergovernmental cooperation efforts be improved? A specific example was formalization of increased cooperation with the school districts to assure that their respective school construction programs would be as timely as possible. With input from the consultant, all city departments, stakeholders and a series of GMOC commissioners (various GMOC annual reports since 2005 have recommended changes to the "Growth Management" ordinance and threshold standards), staff drafted proposed changes to the current "Growth Management" ordinance, which revises some of the threshold standards and adds or modifies some of the goals, objectives and implementation measures currently outlined in the Policy. Other proposed changes to the ordinance are discussed below, along with a discussion on the Growth Management Program Implementation Manual proposed to replace the existing Threshold Standards and Growth Management Oversight Committee Policy and Growth Management Program document. A meeting was held with stakeholders, including members of civic organizations and the development community, to seek input on the documents prepared. As a result, some changes were made and are discussed where applicable. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD /COMMISSION RECOMMENDATION At their November 12, 2014 meeting, the Planning Commission recommended that the City Council adopt an ordinance approving amendments to the "Growth Management" ordinance (5- 0 -0 -2) and adopt a resolution adopting the Growth Management Program Implementation Manual (5- 0 -0 -2). DISCUSSION Overview of Main Aspects of Revised Growth Management Documents 1. New Growth Management Program Implementation Manual (see Attachment 1) Currently, there is not a single document that brings together all of the Growth Management Program components and processes into one integrated reference resource. The Growth Management Program document from 1991 has been outdated for several years, and primarily consists of initial facility and service status evaluations, similar to the ongoing evaluations that are done every year in the GMOC annual report. The document does not include information on programs such as Development Impact Fees (DIFs), which were developed after 1991, or an evolution of growth City of Chula Vista 2015 -04 -14 Agenda Packet Page 2 of 11 Printed on 4/9/2015 powered by LegistarT" Page 43 File #: 15 -0087, Item #: 4. management considerations in the development process. The 1987 Threshold Standards and Growth Management Oversight Committee Policy stipulates the GMOC's and the city's growth management responsibilities, in addition to establishing the threshold standards and all of their components. The fundamental purpose of the Growth Management Program Implementation Manual is to combine relevant information from both of these documents and create the reference resource that is missing from the Growth Management Program. The Growth Management Program Implementation Manual: ■ Explains the structure and organization of the Growth Management Program; ■ Outlines development review processes, standards and requirements as they relate to growth management; ■ Addresses the role of Facility Master Plans; ■ Explains financing programs; ■ Outlines implementation measures (such as issuing a "Statement of Concern" or considering a moratorium) ■ Includes content guides /requirements for Air Quality Improvement Plans, Water Conservation Plans and Public Facilities Finance Plans in its appendices. 2. Changes to the "Growth Management" Ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)) (see Attachments 2 & 3) The primary revisions to the "Growth Management" ordinance are listed below: ■ Inserted the threshold standards' goals, objectives and implementation measures that are currently part of the Threshold Standards and Growth Management Oversight Committee Policy document. Significant changes were made to the goals for Traffic and Fiscal; less significant changes were made to the goals for Schools, Sewer and Water. ■ Implementation measures updated, for all of the threshold standards. ■ Added references to Facility Master Plans in threshold standards for Fire and Emergency Services, Parks and Recreation, Libraries and Schools. ■ Made "Statement of Concern" available for any threshold standard, except Fiscal and Parks and Recreation, which have other implementation measures more appropriate for those topics. ■ Established applicable moratorium considerations to building permit level instead of tentative maps. ■ Moved detailed PFFP content requirements to the appendices section of the Growth Management Program's Implementation Manual. ■ Refreshed and updated policy statements, findings and definitions to reflect current context. ■ Updated threshold standards to reflect contemporary considerations, as further described below. City of Chula Vista Page 3 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 44 File #: 15 -0087, Item #: 4. The following is an overview of the specific changes to each of the threshold standards: Police- Priority 2 The Police- Priority 2 threshold standard has been out of compliance for 16 consecutive years. The GMOC's 2010 Annual Report reviewed the history of non - compliance and concluded that a change was appropriate. The current Priority 2 threshold standard requires that 57 percent of the Priority 2 calls be responded to within 7 minutes and that an average response time to all Priority 2 calls of 7.5 minutes or less be maintained. As part of the top -to- bottom process, the Police Department conducted research on the origins of the city's Priority 2 threshold standard and the standards of other police agencies both in California and nationally. They discovered that the current threshold's response times may be a poor reflection of the actual real -world time for two reasons: 1) a "normalization" calculation currently applied is not appropriate; and 2) the reporting method is not consistent with industry standards. For example, the Chula Vista and San Diego police departments are the only police departments in San Diego County that calculate their response times on "route to arrive," which is the time from when the call is routed from the call -taker to the dispatcher who dispatches an officer to the call, until the time an officer arrives on scene. The other police departments in the County calculate their response time averages by "received to arrive," which is the time from when the call is initially received to when the officer arrives on scene. Consequently, those response times are longer, and average between 12 and 13 minutes. Based on this information, and in an effort to be more consistent industry -wide, the proposed Police - Priority 2 threshold standard as proposed is: Priority 2 Urgent Calls *. Properly equipped and staffed police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually). *Priority 2 - Urgent Calls are misdemeanors in progress; possibility of injury; serious non - routine calls (domestic violence or other disturbances with potential for violence); burglar alarms. Response: Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.). Police- Priority 1 The current threshold standard requires properly equipped and staffed police units to respond to 81 percent of Priority 1 calls within 7 minutes and maintain an average response time to all Priority 1 calls of 5.5 minutes or less. Based on the discussion above regarding using the industry standard "Received to Arrive ", the proposed Police- Priority 1 threshold standard reflects that change, and is proposed as follows: Priority 1- Emergency Calls *. Properly equipped and staffed police units shall respond to at least 81 of Priority 1 calls throughout the city within 7 minutes 30 seconds and shall maintain an average City of Chula Vista Page 4 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 45 File #: 15 -0087, Item #: 4. response time of 6 minutes or less for all Priority 1 calls (measured annually) *Priority 1- Emergency Calls are life - threatening calls; felony in progress; probability of injury (crime or accident); robbery or panic alarms; urgent cover calls from officers. Air Quality The Air Quality threshold standard, as currently written, does not incorporate a quantifiable benchmark or mechanism to measure whether or not specific growth management goals are being met. Also, reporting on air quality conditions is done on a subregional basis, and is influenced by factors outside of the City's control. The Air Quality Annual Report required by the threshold standard is more of an informational report to provide updates on Chula Vista's involvement with air quality issues. The GMOC's 2009 Annual Report brought up this issue, noting that it is "difficult to determine whether or not compliance is maintained." The GMOC also noted that because greenhouse gas emissions are influenced by a variety of environmental issues, such as water use, energy consumption, transportation levels and solid waste disposal, a more specific greenhouse gas emissions standard could be especially useful for assessing cumulative growth impacts. A new quantitative standard would also allow City staff to more effectively identify actions and resources to address related air quality compliance concerns. This would also better align with the City's other Climate Action Planning efforts. The report recommended that the threshold standard should be revised to include incremental, quantitative benchmarks, such as including a benchmark to attain a 20% decrease in greenhouse gas emissions per capita, compared to the Climate Protection Program's 1990 emissions inventory. And since Chula Vista has been actively implementing the council- adopted Climate Control Program since 2008, combining "climate protection" with the Air Quality threshold standard made sense. The proposed Air Quality and Climate Protection threshold standard, below, establishes a quantifiable benchmark that factors in greenhouse gas emissions: The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the following, subject to the discretion of the Development Services Director. 1. Residential projects of 50 or more residential dwelling units or greater, or 2. Commercial projects of 12 or more acres (or equivalent square footage), or 3. Industrial projects of 24 or more acres (or equivalent square footage), or 4. Mixed use projects of 50 equivalent dwelling units or greater. The existing threshold measure, which requires an annual report and distributing it to the Air Pollution Control District (APCD), becomes an Implementation Measure. A previous draft of this threshold standard did not include the language "for SPA plans" or "subject to the discretion of the Development Services Director ". This was added after input from the stakeholder meeting to ensure that subsequent SPA implementing projects would not be required to meet additional standards other than those prescribed in the Air Quality Improvement Plan (AQIP) City of Chula Vista Page 5 of 11 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 46 File #: 15 -0087, Item #: 4. Guidelines. Fiscal Similar to Air Quality, the current Fiscal threshold standard does not incorporate quantifiable benchmarks or mechanisms to measure whether or not specific growth management goals are being met. Therefore, the following two new threshold standards are proposed: 1. Fiscal Impact Analyses and Public Facilities Finance Plans, at the time they are adopted, shall ensure that new development offsets the cost of development. 2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth consistent with the threshold standards, development impact fee, capital improvement funding, and other necessary funding programs or mechanisms. The existing threshold standard provisions, which require that the GMOC be provided with an annual fiscal impact report and a development impact fee report, become implementation measures. The Growth Management Implementation Manual states that Fiscal Impact Analyses are required "with all SPA Plans and TMs, and for the following, subject to the discretion of the Development Services Director: development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater." As a result of the stakeholder's meeting, the language "subject to the discretion of the Development Services Director" was added to ensure that subsequent SPA implementing projects would not be required. Traffic There are currently two threshold standards for Traffic. The first one is for citywide maintenance of level -of- service (LOS) "C" on identified arterial and major roadway corridors. The second one has been outdated for many years and is specific to certain intersections "West of Interstate 805" that were not meeting the threshold when it was adopted (1991), stating that signalized intersections that do not meet the first threshold standard may continue to operate at their current LOS, but not worsen. The proposed changes to the threshold standards follow up and incorporate provisions of the 2005 General Plan Update (GPU). The focus of the first threshold standard continues to be "arterial level - of- service" (ALOS), while the second threshold standard addresses "urban level -of- service" (ULOS), which the GPU allows to have a lesser vehicular LOS on a select set of arterial roadway segments, primarily within the city's Urban Core area, as identified therein. The intent is to slow automobile traffic in favor of promoting pedestrian activity, bicycles and transit. The two threshold standards proposed are below: 1. Arterial Level of Service (ALOS) for Non -Urban Streets: Those Traffic Monitoring Program (TMP) roadway segments classified as other than Urban Streets in the "Land Use and Transportation Element" of the city's General Plan shall maintain LOS "C" or better as measured by observed average travel speed on those segments, except that during peak hours, LOS `D" can occur for no more than two hours of the day. City of Chula Vista Page 6 of 11 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 47 File #: 15 -0087, Item #: 4. 2. Urban Street Level of Service (ULOS): Those TMP roadway segments classified as Urban Streets in the "Land Use and Transportation" Element of the city's General Plan shall maintain LOS "D" or better, as measured by observed or predicted average travel speed, except that during peak hours, LOS "E" can occur for no more than two hours per day. At the stakeholder's meeting, there was discussion about S13743, which requires the governor of California to amend CEQA to provide an alternative to LOS for evaluating transit impacts. Since those amendments have not yet been made, it would be premature to amend the Traffic threshold standards by substituting LOS with other methodology. After the CEQA amendments have been made, however, the proposed Traffic threshold standards may be amended. Parks and Recreation The GMOC's 2009 Annual Report recommended that the existing threshold standard for Parks and Recreation be changed to apply citywide. The existing threshold standard specifies that three acres of neighborhood and community parkland with appropriate facilities shall be provided per 1,000 residents east of Interstate 805. However, as development in western Chula Vista occurs, population growth will require additional park and recreation facilities in that area as well. In fact, the City's Parkland Development Ordinance (PDO) already applies citywide, and all new development is required to contribute to provision of parkland at the rate of three acres /1000 new residents created by that development. Revising the threshold standard will make it consistent with the PDO. Therefore, the following threshold standard is proposed: 1. Three acres of public parkland, with appropriate facilities, shall be provided per 1,000 residents for new development, citywide. The 2009 report also recommended a second threshold standard: That park demand created by new development west of Interstate 805 shall be met by new park facilities in Chula Vista west of Interstate 805. This was in recognition of the fact that much of western Chula Vista was historically developed absent contemporary parks standards, making it all the more important that new development in the area provide for parks in the area. At this time, however, staff is not recommending that a second threshold standard be adopted, but rather that it be considered in conjunction with forthcoming actions on the city's parks master plan and Parkland Acquisition and Development (PAD) fee structure. The threshold standard would be inconsistent with a potential citywide combined park development impact fee, where projects could be prioritized throughout the system. Libraries The existing threshold for libraries requires construction of 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the area east of Interstate 805 by build - out, phased such that that the citywide ratio of 500 GSF per 1,000 population will be maintained. The library facilities are to be adequately equipped and staffed. The city has been unable to maintain the ratio of 500 GSF per 1,000 population for the past ten years and is not expected to achieve compliance with the threshold standard for several more. However, City of Chula Vista Page 7 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 48 File #: 15 -0087, Item #: 4. the standard of 500 GSF per 1,000 population is a commonly used standard throughout the country, which was confirmed by the consultant who worked on the library facility master plan. Therefore, the proposed threshold standard does not change the existing ratio, but eliminates the section regarding construction of new facilities because that is a statement of an end result, not a threshold standard. The proposed threshold standard is: The city shall not fall below the city -wide ratio of 500 gross square feet (GSF) of library space, adequately equipped and staffed, per 1,000 population. Fire and Emergency Services The proposed changes to the threshold standard for Fire and Emergency Services are minor, simply adding the words "at least" before "80 percent ", and clarifying how response time is measured: Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the city within 7 minutes in at least 80 percent of the cases (measured annually). Notes: For growth management purposes, response time includes dispatch, turnout and travel time to the building or site address. Drainage There are two threshold standards for Drainage, and the first one currently specifies complying with the subdivision manual. The proposed threshold standard states: 1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as may be amended from time to time. The words "with respect to the impacts of new development" have been added to the second threshold standard to make the focus clearer: 2. The GMOC shall annually review the performance of the city's storm drain system, with respect to the impacts of new development, to determine its ability to meet the goal and objective for drainage. Schools Minor modifications are proposed to the Schools threshold standard. The names of the school districts are now spelled out, and "5- year" forecast replaces the words "12 to 18- month" forecast because the existing language is outdated. The following threshold standard is proposed: The city shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the city's annual 5 -year residential forecast and request an evaluation of their ability to accommodate forecasted growth, both citywide and by subarea. Replies from the school districts should address the following: 1. Amount of current classroom and "essential facility" capacity now used or committed; 2. Ability to absorb forecasted growth in affected facilities and identification of what facilities need to be upgraded or added over the next five years, City of Chula Vista Page 8 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 49 File #: 15 -0087, Item #: 4. 3. Evaluation of funding and site availability for projected new facilities identified; and 4. Other relevant information the school district(s) desire(s) to communicate to the city and the Growth Management Oversight Commission (GMOC). VVatPr There are two threshold standards for Water, and the first one requires a service availability letter from the water district for each project. To make the threshold standard clearer, the sentence "Adequate water supply must be available to serve new development" has been added to the beginning of it: 1. Adequate water supply shall be available to serve new development. Therefore, developers shall provide the city with a service availability letter from the appropriate water district for each project. The wording in the second threshold standard has been changed slightly, and refers to the growth forecast as a "5 -year residential growth forecast, rather than a "12- to18 -month development forecast" because the existing language is outdated. The following threshold standard is proposed: 2. The city shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water District with the city's annual 5 -year residential growth forecast and request that they provide an evaluation of their ability to accommodate forecasted growth. Replies should address the following: a. Water availability to the city and planning area, considering both short- and long -term perspectives, b. Identify current and projected demand, and the amount of current capacity, including storage capacity, now used or committed; c. Ability of current and projected facilities to absorb forecasted growth, d. Evaluation of funding and site availability for projected new facilities, e. Other relevant information the district(s) desire(s) to communicate to the city and Growth Management Oversight Commission (GMOC). Sewer There are two threshold standards for Sewer, and the words "existing and projected facility" and "current system and budgeted improvements" have been added to the first one to make it clearer. The proposed threshold standard states: 1. Existing and projected facility sewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements, as set forth in the Subdivision Manual. The second threshold standard has been amended to include the possibility of wastewater treatment sources other than the San Diego Metropolitan Wastewater Authority and reads as follows: City of Chula Vista Page 9 of 11 Printed on 4/9/2015 powered by Leg 2015 -04 -14 Agenda Packet Page 50 File #: 15 -0087, Item #: 4. 2. The city shall annually ensure adequate contracted capacity in the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Updates to the Growth Management Program maintain the threshold standards that support the Strategic Plan's major goals, including the Fiscal threshold standard, which supports the Economic Vitality goal, "encouraging policies, planning, infrastructure, and services that are fundamental to an economically strong, vibrant city." The Air Quality, Libraries and Parks and Recreation threshold standards support the Healthy Communities goal, promoting "an environment that fosters health and wellness and providing parks, open spaces, outdoor experiences, libraries and recreational opportunities that residents can enjoy." And the Police, Fire and Emergency Services, Traffic, Sewer and Drainage threshold standards support the Strong and Secure Neighborhoods goal, ensuring "a sustainable and well- maintained infrastructure to provide safe and appealing communities to live, work and play" and maintaining "a responsive Emergency Management Program." CURRENT YEAR FISCAL IMPACT Staff costs associated with the preparation of the proposed documents are covered within the adopted budgets of the various participating City departments. Adoption of the updated documents will not directly result in fiscal impacts. ONGOING FISCAL IMPACT City Departments' monitoring efforts needed to report annual compliance with any revised threshold standards will continue as they have in prior years. Actual field measured conditions will now simply be reported in relation to the revised standards. Staff costs associated with these monitoring efforts will continue to be included for Council consideration as part of each involved department's annual City budget adoption process. General Fund support for these efforts will continue to be offset by development fees, to the extent legally permissible. Any new project level requirements will be implemented through the development review process, which is funded by development processing fees. The fiscal impacts from the new standards will also be evaluated through the City's fiscal impact analysis process for future new development. These project specific analyses will continue to be funded by private development. While the anticipated fiscal impact of each project will be presented to the City Council in conjunction City of Chula Vista 2015 -04 -14 Agenda Packet Page 10 of 11 Printed on 4/9/2015 powered by LegistarT" Page 51 File #: 15 -0087, Item #: 4. with the project approval process, actual fiscal impacts will vary based upon regional economic factors and local legislative actions. As such, the ongoing ability of the City to meet the threshold standards may vary, and cannot be directly attributed to new development. ATTACHMENTS 1. Draft Growth Management Program Implementation Manual 2. Draft "Growth Management" Ordinance (CVMC 19.09) - Strike -out Underline Version Staff Contact: Kimberly Vander Bie, Associate Planner, Advance Planning, Development Services Department City of Chula Vista 2015 -04 -14 Agenda Packet Page 11 of 11 Printed on 4/9/2015 powered by LegistarT" Page 52 CHL U LA VISTA GROWTH MANAGEMENT PROGRAM 7'su t, IMPLEMENTATION MANUAL MARCH 2015 2015 -04 -14 Agenda Packet Page 53 CITY OF CHULA VISTA, CALIFORNIA 4t CITY Mayor Ma Patric Pamela John - u CONSULTANT ECONOMIC & PLANNING SYSTEMS 2295 GATEWAY OAKS DRIVE, SUITE 250 SACRAMENTO, CA 95833 ADOPTED MARCH 3, 2015 RESOLUTION NO. Pi 2015 -04 -14 Agenda Packet Page 54 TABLE OF CONTENTS PAGE No. I. INTRODUCTION 5 -6 II. BACKGROUND 6 -7 III. SUMMARY OF GROWTH MANAGEMENT PROGRAM 7 -10 IV. COMPONENTS OF THE GROWTH MANAGEMENT PROGRAM 10 -31 A. GROWTH MANAGEMENT PROGRAM DOCUMENTS 10 -23 1. THRESHOLD STANDARDS AND GROWTH MANAGEMENT OVERSIGHT COMMISSION POLI 12 -13 2. "CONTROLLED RESIDENTIAL DEVELOPMENT" (AKA "CUMMINGS INITIATIVE ") (CHAPTER 19.80 OF CHULA VISTA MUNICIPAL CODE 13 3. "GROWTH MANAGEMENT ELEMENT" OF CHULA VISTA'S GENERAL PLAN 13 -14 4. "PUBLIC FACILITIES AND SERVICES ELEMENT" OF CHULA VISTA'S GENERAL PLAN 14 5. GROWTH MANAGEMENT PROGRAM 14 -15 6. "GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC)" ORDINANCE 15 (CHAPTER 2.40 OF THE CHULA VISTA MUNICIPAL CODE jW 7. "GROWTH MANAGEMENT" ORDINANCE 4mb, % 15 -18 (CHAPTER 19.09 OF THE CHULA VISTA MUNICIPAL CODE) 8. "GENERAL RULES FOR BOARDS AND COMMISSIONS" ORDINANCE 18 (CHAPTER 2.25 OF THE CHULA VISTA MUNICIPAL CODE) 9. GROWTH MANAGEMENT OVERSIGHTCOMMISSION's (GMOC'S) ANNUAL REPORT 18 10. ANNUAL RESIDENTIAL GROWTH FORECAST AND AGENCY RESPONSES 19 11. FACILITY MASTER PLANS 19 -20 12. AIR QUALITY IMPROVEMENT PLANS 20 13. WATER CONSERVATION PLANS 20 14. PUBLIC FACILITY FINANCE PLANS 20 -21 15. FISCAL IMPACT FEES 21 16. GROWTH MANAGEMENT PROGRAM IMPLEMENTATION MANUAL 21 -22 B. GROWTH MANAGEMENT - RELATED REGULATORY PROGRAMS 21 -31 1. GROWTH MANAGEMENT OVERSIGHT COMMISSION (GMOC) 23 -24 2. DEVELOPMENT IMPACT FEES 2 -25 3. CAPITAL IMPROVEMENT PROGRAM 26 4. COMMUNITY FACILITIES DISTRICTS, ASSESSMENT DISTRICTS AND BONDS 26 5. INTERGOVERNMENTAL AGREEMENTS 27 -28 3 2015 -04 -14 Agenda Packet Page 55 V. PAGE No. 6. DEVELOPMENT REVIEW PROCESS 28 -29 7. ENVIRONMENTAL ANALYSIS 29 8. DEVELOPMENT AGREEMENT 30 9. TRAFFIC MONITORING PROGRAM 30 10. BUILDING PERMIT MORATORIUM 30 -31 ADMINISTERING THE GROWTH MANAGEM A. CITY STAFF RESPONSIBILITIES B. GROWTH MANAGEMENT OVERSIGHT COMMISSION C. PLANNING COMMISSION AND CITY COUNCIL RESPOP LIST OF TABLES TABLE 1- GROWTH MANAGEMENT PROGRAM DOCUMENTS TABLE 2 - SUMMARY OF THRESHOLD STANDARDS TABLE 3 -GROWTH MANAGEMENT - RELATED REGULATORY PROGRAMS TABLE 4- THREE - TIERED DEVELOPMENT REVIEW PROCESS LIST OF FIGURES 31 -34 31 32 33 -34 11 -13 17 -18 22 -23 29 21 2015 -04 -14 Agenda Packet Page 56 I. Introduction The purpose of the Growth Management Program Implementation Manual (Manual) is to provide direction for implementing the city of Chula Vista's Growth Management Program, outlined in the "Growth Management Element" of the city's General Plan and in its "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code (CVMC)). The Manual sets out the procedures and requirements for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. The multi- faceted Growth Management Program is comprised of and executed through several documents and related regulatory programs, and includes a systematic application of land use regulations and policies, facility and service threshold standards, environmental review, financing mechanisms, and monitoring and enforcement functions. All are designed to ensure that development occurs only when necessary public facilities and services are provided to meet the demands of new development, so that quality of life in Chula Vista can be maintained or enhanced. The city's Growth Management Oversight Commission (GMOC) annually measures the city's quality of life by measuring the effects of growth against established performance threshold standards that reflect desired levels of services for eleven issues, and evaluates the city's ability to meet quality of life objectives at the build - out of its General Plan. While the focus is on the effects of new development, other factors not entirely related to new development can influence threshold compliance and /or quality of life. For instance, response times for Police and Fire /EMS encompass all calls for service citywide, not just those related to new development, and thereby may be impacted by circumstances unrelated to growth. In addition to the GMOC, other city boards and commissions or city departments may take the lead in addressing issues related to the city's quality of life. For example, the Police Department annually provides response time data to the Public Safety Subcommittee and the Chief's Advisory Committee, the Board of Library Trustees and the Parks and Recreation Commission advise on subjects such as facilities and master plans, and the Resource Conservation Commission makes recommendations on topics such as climate change and energy efficiency. The eleven quality of life issues that are measured annually by the GMOC have been integrated into the day -to -day workings of city business and that of involved agencies for the 25 -plus years since growth management was instituted. Preservation of quality of life lies at the heart of the city's Growth Management Program and, as Chula Vista continues to grow, it will remain a vital component of the growth management process. In essence, the Growth Management Program has three primary objectives in managing quality of life: • To assure the concurrency of new infrastructure and public service delivery capacity to maintain or improve levels of public service for the residents and businesses of Chula Vista as new growth occurs; • To maintain the city's fiscal well -being by assuring that new development pays its proportional share of infrastructure and service costs while it strengthens the city's ability to sustain high - quality municipal services; and 2015 -04 -14 Agenda Packet Page 57 ■ To assure that growth does not negatively affect the public health, safety and welfare or diminish the city's ability to achieve its urban development goals as expressed in the General Plan. The Growth Management Program Implementation Manual begins by providing background information on the Growth Management Program ( "GMP "). Next, it provides a summary of how the elements of the GMP function and interface with each other. Finally, the Manual explains the processes and procedures for administering the GMP. II. Background Chula Vista, the second largest city in San Diego County, was incorporated in 1911 and grew steadily and incrementally until the 1980s, when large -scale development began to occur in the eastern part of the city. In that decade, Chula Vista expanded its boundaries with large undeveloped ranch lands east of Interstate 805, establishing significant opportunities for the city to work with developers in providing high - quality master - planned communities, such as Rancho del Rey and Eastlake, the first of many master - planned communities in eastern Chula Vista. At that time, there was serious concern that poorly managed growth could strain the city's ability to provide public services, worsen existing traffic problems, and lead to an overall reduction in service levels and the quality of life of its residents. To ensure that adequate infrastructure and services were keeping pace with development and that quality of life was being maintained, the Chula Vista city council appointed an ad hoc committee to develop quality of life threshold standards for the city. The concept was to establish performance standards reflecting either current or desired levels of service, and then measure the effects of growth against those standards each year. In this way, the city could use the standards to evaluate its ability to meet quality of life objectives at the build -out of its General Plan, and also monitor the standards annually as growth occurred to ensure that they were being met. The ad hoc committee, consisting of representatives from community groups, the city's planning commission, and the development community, met several times over a period of months. They selected and defined threshold standards for eleven topics, including Police, Fire and Emergency Medical Services, Schools, Libraries, Parks and Recreation, Water, Sewer, Drainage, Traffic, Air Quality and Fiscal, which were introduced in a document called Threshold Standards and Growth Management Oversight Committee Policy (approved by city council in November 1987). The Policy defined a program that could preserve and enhance Chula Vista's public services and quality of life while growth occurs, requiring an annual citywide threshold compliance review assigned to a Growth Management Oversight Committee (GMOC) (now a commission), who must report through the planning commission to the city council, which holds a public hearing to discuss the report and take any necessary actions. The GMOC's review and report are intended to be completed prior to council budget workshops so that threshold situations, which may require funding for solution, can be accommodated during the regular budget process. Initiated by the Threshold Standards and Growth Management Oversight Committee Policy, the city adopted the following growth management documents between 1987 and 1991: 2015 -04 -14 Agenda Packet Page 58 1. "Controlled Residential Development" ordinance (aka the "Cummings Initiative ") (Chapter 19.80 of the Chula Vista Municipal Code) (1988); 2. "Public Facilities and Services" element of the Chula Vista General Plan (1989); 3. "Growth Management Element" of the Chula Vista General Plan (April 17, 1990); 4. Growth Management Program (April 23, 1991); 5. "Growth Management Oversight Commission (GMOC)" ordinance (Chapter 2.40 of the Chula Vista Municipal Code) (May 7, 1991); and 6. "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) (May 28, 1991). AV Since 1989, some minor changes have been made to the threshold standards, and the Threshold Standards Policy and the "Growth Management" ordinance have been updated, accordingly. The "Growth Management Components" section (Section IV) of this Manual goes into greater detail regarding these documents and various others, which are vital tools in accomplishing the Growth Management Program's ultimate goal of maintaining and improving a high quality of life for current and future residents of Chula Vista. In addition to growth management documents, the "Components" section summarizes various growth management regulatory programs that have been established to fund and /or are essential for the Growth Management Program to function effectively, inclu 1. Development Impact Fees; 2. Intergovernmental Agreements; 3. Capital Improvement Programs; and 4. Community Facility Districts, amongst othe In rs. 409 The growth management documents and regulatory programs are supplemented by coordination with other agencies (school districts, water districts and the Air Pollution Control District) to monitor the effects of growth on the city. In the 25 plus years since the Growth Management Program was established, additional master - planned communities have evolved in the east, including Otay Ranch, Rolling Hills Ranch, and San Miguel Ranch, resulting in over 30,000 new housing units between 1986 and 2014. Concurrent with this growth has been the provision of public facilities and services that have generally maintained the community's quality of life, consistent with the intent of the Growth Management Program. As development continues in both eastern and western Chula Vista, the city will continue to implement the Growth Management Program to help maintain and improve the quality of life for its citizens. III. Summary of Chula Vista's Growth Management Program Chula Vista's Growth Management Program (GMP) is based upon policies set forth in the Chula Vista General Plan's "Growth Management Element ", and in the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code), which outlines the procedures for threshold standards and related regulatory actions, and the imposition of growth controls. The GMP policies are implemented through three fundamental aspects — Forward Planning, Development Processing, and Monitoring /Tracking, providing a stable and balanced method for carrying out the GMP. 2015 -04 -14 Agenda Packet Page 59 The roles and functions of each of these three aspects are illustrated in Figure 1, below, and are subsequently introduced and explained. FIGURE 1— GROWTH MANAGEMENT PROGRAM PROCESS Forward Planning Development Processing Monitoring / Tracking General Plan- f]ex.elopment proposal submitted Annual Development Forecasts - • Establishes land uses for facilities • 5- }eartimeframe and services ■ Supports completion of annual GWC • Groudh Management Element and PC Zone Non-PC Zone threshold corrpliance questionnaires Public Facilities and Services Element Prepare General Prepare crtysponwred D&.elopned Phan [GOP) specil�c plan GMOCAnnualReport - . Yeady balance check and on effects of actual development adivty0n threshold compliance F acility and Service Master Pla ns - + lkeGP land uses toidentifyfacility& Prepare CEQA PrepareCEQA Identification of any necessary remedial • actions forPCK)7 consideration service needsto ensure Threshold decunrani document Standard compliance at bulld0ut Development Tracking - Prepare SPA Plan and PreparePFFPandF� cal I , Table updated monthly bytWe (res, corrmercial, industrial) (EDUs) . Regularly reuened for need inupdate considering changing land uses, costs, anWor other circumstances PFFP and FtscalAn Analysis . Shows# of units [SF,MF]ateach stage of project implementation MA(F) Plan, TM, FM, BP issued,occupanc)j Assists PFFP & conditions monitoring PFFP & Project Conditions Monitoring - • Track timelyimplementati0n of phasing requirements & other SPAlFM conditions relative to maintaining thresholds compliance Ktigation Monitoring & Reporting Programs PA RP)- • Ensures anyGEQA mitigation measures related to threshold compliance are implemented. inception of the city's Growth Management Program in 1987. Threshold standards are incorporated in the General Plan as policies and, when the General Plan is updated or amended, are used to analyze and provide technical analysis of the facility and service demands of the General Plan's land use proposals to determine whether they would comply with the threshold standards at General Plan build -out. The General Plan's "Growth Management Element" establishes policy basis for growth management provisions, and the "Public Facilities and Services Element" establishes the city's plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. 2015 -04 -14 Agenda Packet Page 60 Based upon the General Plan's land uses, the city's operating departments prepare various Facility and Service Master Plans, which underpin long -term threshold standard compliance by clarifying the obligations of new development with regard to a particular type of facility, such as parks or fire stations. The operating departments, as well as other agencies providing services in Chula Vista, also develop "strategic plans" that outline service demands and how these demands will be met. The city regularly interfaces with the water districts and school districts when they prepare their master plans and facility needs analyses. To ensure that capital facilities will be constructed for the benefit of new development, Development Impact Fees (DIF) are to be paid for each development project within the city. DIFs are one -time charges that fund capital construction of additional sewer systems, roads, libraries, parks and recreation facilities, etc. made necessary by the presence of new residents in the area and as outlined in the facility master plans. Costs are apportioned to individual units of remaining development by type (residential, commercial, industrial) and are regularly reviewed for potential updates considering changing land uses, costs and /or other circumstances. B. Development Processing The GMP is woven throughout the citywide development review process for projects to determine the possible impacts of the project and to apply appropriate conditions and requirements in order to mitigate those impacts. For projects in the Planned Community zone, threshold standards are integrated into the city's development review process in a three - tiered manner, involving preparation of a General Development Plan (GDP), the preparation of a Sectional Planning Area (SPA) Plan with a corresponding Public Facilities Finance Plan (PFFP) /Fiscal Impact Analysis (FIA), and a Tentative Map. This process establishes basic land use and development provisions, completes initial environmental review under CEQA, provides a framework for subsequent environmental review and actions, and establishes mechanisms and assurances that threshold standards can be met as development is actually occurring. This approach has served the city well in managing growth in eastern Chula Vista. For projects outside of the PC zone, a different approach to regulation has been established to manage development and redevelopment. This approach relies upon the preparation of city- sponsored specific plans and corresponding PFFPs (or equivalents), as well as a regulatory framework that accounts for the smaller size of urban infill projects and the related need for public investments. Growth management considerations for smaller projects outside of the PC zone are addressed through the CEQA process, which may result in mitigation measures; through conditions of approval, which may require improvements or dedications; and through payment of Development Impact Fees. C. Monitoring /Tracking- Given that the above noted project reviews and condition are based on assumptions about phasing and growth patterns, monitoring and evaluation of actual development is necessary to determine if assumptions were correct, and, if not, to be able to make adjustments as needed. Monitoring the status of development and compliance with the city's Growth Management Program is also done to ensure that the cumulative impacts of new growth do not result in deterioration of 2015 -04 -14 Agenda Packet Page 61 quality of life, as measured by the threshold standards. The monitoring is accomplished through various methods. One such method is the GMOC's Annual Report, which analyzes the effects of actual development activity on threshold standard compliance and identifies any necessary remedial actions for the planning commission and city council to consider. The report relies on responses to questionnaires completed by city departments and service agencies related to threshold standard topics. The questionnaires include a Residential Development Forecasts looking out five years, to provide agencies and departments with growth projections that may generate the need for additional services. Development Tracking is another tool used to monitor growth. The Development Services Department produces a table monthly to track the number of single - family and multi - family units at each stage of project implementation: SPA Plan, Tentative Map, Final Map, Building Permit Issued and Occupancy. The information is useful in tracking timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. J0%, % — Implementation of CEQA mitigation measures through Mitigation Monitoring & Reporting Programs (MMRPs) is another method used to assure threshold compliance. lor IV. Components of the Growth Management Program The Threshold Standards and Growth Management Oversight Committee Policy adopted by city council in 1987 was the first of several documents and regulatory programs that have established the framework of Chula Vista's Growth Management Program, and provide for its implementation. The functions of the various documents and regulatory programs are outlined in Tables 1 and 3 of this chapter, respectively, followed by detailed descriptions of each. The status of each document and program is also noted in the tables, as some of them have been amended or consolidated with others since their inception. TABLE 1— GROWTH MANAGEMENT PROGRAM DOCUMENTS Document Function Status 1. Threshold Standards and Growth Established Chula Vista's Growth Adopted by city council in Management Oversight Management Program, identifying November 1987; replaced and Committee [Commission]Policy* goals, objectives, threshold incorporated into the Growth standards, and implementation Management Program measures for 11 topics, and outlining Implementation Manual in 2014. responsibilities of Growth Management Oversight Commission. (See item 7, below, for more discussion on threshold standards.) 2. "Controlled Residential Required council to adopt growth Adopted by city voters in 1988. Development" ordinance (aka management documents and Cummings Initiative) (Ch. 19.80 of restricted timing for upzoning of 10 2015 -04 -14 Agenda Packet Page 62 14 Document Function Status Chula Vista Municipal Code) residential property in non - planned community areas. 3. "Growth Management Establishes policy basis for growth Established in 1989 General Plan Element" of General Plan management provisions. and revised in 2005 as part of General Plan update. 4. "Public Facilities and Services Establishes the city's plan to provide Established in 1989 General Plan Element" of General Plan and maintain infrastructure and and revised in 2005 as part of public services for future growth, General Plan update. without diminishing services to existing development. &, 7 N_ 5. Growth Management Program Implementation system to meet the Adopted by city council in April goals and objectives of the General 1991; replaced and incorporated Plan and the "Growth Management into the Growth Management Element." Program Implementation Manual in 2014. 6. "Growth Management Oversight Outlines functions, duties and 40 Adopted by city council in May Commission" Ordinance (Ch. 2.40 of regulations of the GMOC. It is 1991 and last amended in 2011. Chula Vista Municipal Code) supplemented by Ch. 2.25, described in no. 8, below. 7. "Growth Management" Ordinance Legally establishes threshold Adopted by city council in 1991 (Ch. 19.09 of Chula Vista Municipal standards, administration, and and last amended in 2014. Code) compliance requirements and mechanisms. 8. "General Rules for Boards and Outlines membership and operations Adopted by city council in 2008 Commissions" (Ch. 2.25 of the information for city commissions, and last updated in 2011. Chula Vista Municipal Code) including the GMOC. It supplements ikCh. 2.40, described in no. 6, above. 9. "Growth Management Oversight Updates planning commission and 2014 Annual Report presented to Commission's Annual Report" city council re: status of threshold planning commission and city °¢ standards compliance, identifies council May 2014. Available concerns, makes recommendations. online. 10. "Annual Residential Growth Prepared by city staff with developer 2015 Forecast published in Forecast" and Agency Responses input, includes historical data and September 2014 and distributed to projected number of building permits city departments and outside to be issued over the next five years. agencies that monitor threshold It is used to assist city departments standards. Included in Appendices and outside agencies to evaluate to each GMOC Annual Report and possible threshold compliance issues. available online. 11. Facility Master Plans Based on the General Plan, provide Completed and periodically plans and preliminary design revised since 1987 by individual specifications for various major city departments. See page 20 for infrastructure and facilities to ensure a list. threshold compliance at build -out. 12. Air Quality Improvement Plans Provide an analysis of air pollution Required with all SPA Plans, TMs 11 2015 -04 -14 Agenda Packet Page 63 Document Function Status impacts and a means of improving air and development proposals of 50 quality for development proposals. dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. See Appendix A for preparation requirements. 13. Water Conservation Plans Provide an analysis of water usage Required with all SPA Plans, TMs and a plan of conservation measures. and development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. See Appendix B for preparation requirements. 14. Public Facility Financing Plans Identify cost, financial responsibility, Required with all SPA Plans, TMs (PFFPs) and proposed financing method for and development proposals of 50 each public facility, and a phasing dwelling units or more, and plan to ensure threshold compliance commercial or industrial projects during project construction. with 50 equivalent dwelling units (EDUs) or greater. See Appendix C for preparation requirements. 15. Fiscal Impact Analyses (FIA) To estimate the impact of a Required with all SPA Plans and development or a land use change on TMs, and for the following, subject the costs and revenues to the city to the discretion of the associated with the development. Development Services Director: Developments must have a positive development proposals of 50 fiscal impact, or provide backstop dwelling units or more, and funding for any negative years. commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. 16. Growth Management Program Sets out the procedures and Adopted by city council in 2014, it Implementation Manual establishes requirements for how the incorporates and replaces both the Growth Management Program is prior Threshold Standards and administered, including how growth Growth Management Oversight management policies integrate with Commission Policy and the Growth other aspects of development Management Program documents. regulation, finance, and municipal operations. A. Growth Management Program Documents 1. Threshold Standards and Growth Management Oversight Commission Policy (Adopted by the City Council in November 1987) The Threshold Standards and Growth Management Oversight Commission Policy ( "Policy') established Chula Vista's Growth Management Program, identifying goals, objectives, threshold standards, and 12 2015 -04 -14 Agenda Packet Page 64 implementation measures for eleven topics, and outlining responsibilities of the Growth Management Oversight Commission. The eleven topics identified include: Air Quality, Drainage, Fiscal, Fire and Emergency Services, Libraries, Parks and Recreation, Police, Schools, Sewer, Transportation and Water. The information was updated and subsequently incorporated into the Chula Vista Municipal Code (chapters 2.40 and 19.09), which were most recently updated in 2011 and 2014, respectively, and replaces the Policy document. See item 7, below, for more discussion on threshold standards. 2. "Controlled Residential Development" Ordinance (aka the "Cummings Initiative "), Chapter 19.80 of the Chula Vista Municipal Code (1988) In 1988, Chula Vista voters adopted the Cummings Initiative (Initiative), which is codified in the Chula Vista Municipal Code as Chapter 19.80, entitled "Controlled Residential Development." It directed the city council to ensure that the city's General Plan had a "Public Services and Facilities" element and that developers, after receiving discretionary approvals for any development project, participated in the timely construction and financing of facilities, and that city council should expend all funds collected solely for the purpose for which they were advanced. It also directed the city to "adopt such further ordinances, resolutions, policies, or procedures consistent with the purposes, intents and requirements of the ordinance," which resulted in adoption of the city's "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) in 1991. The Initiative included the finding that intense residential development was adversely affecting the health, safety and welfare of the citizens of Chula Vista, and that its purpose was to better plan for and control the rate of residential growth in the city and to preserve quality of life. It also establishes that rezoning of property designated for residential development outside of Planned Community (PC) zoned areas could only be permitted to the next highest residential density category in any two -year period (for example, RE, R1, R2, R3). 3. "Growth Management Element" of Chula Vista's General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the "Growth Management Element" is "to describe the various components that, together, create the overall Growth Management Program that guides future development in the City." The General Plan's "Growth Management Element" also provides the policy framework for Chula Vista's Growth Management Program, whose overall goal is "To direct and coordinate growth and development in ways that maintain, and consistently endeavor to improve, the quality of life for current and future residents of Chula Vista." The General Plan establishes the vision of the type of community Chula Vista will become, and the "Growth Management Element" serves as a guide to assure that the vision is achieved, without sacrificing the quality of life enjoyed in the community; it contains the tools to allow the development patterns described in the "Land Use and Transportation Element" to take place over time. It considers capacities and generation rates described in the "Public Facilities and Services Element" and supporting documents to establish standards for new development, redevelopment and revitalization. It recognizes the importance of resources described in the "Environmental Element" and the 13 2015 -04 -14 Agenda Packet Page 65 contribution they make to the overall quality of life enjoyed by existing and future residents. Where applicable, cross - references are provided in the "Growth Management Element" to identify where interrelationships with other General Plan elements exist. 4. "Public Facilities and Services Element" of Chula Vista's General Plan (Adopted by City Council April 17, 1990 and updated in 2005) The purpose of the "Public Facilities and Services Element" is to establish the city's plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. Public facilities collectively refer to utilities, such as water, sewer, drainag ower and telecommunications services, and to infrastructure such as parks and recreation centers, s ols, libraries, fire stations and police stations. Public services collectively refer to delivery of ser es such as law enforcement and fire protection and to other services that support and enrich the community, such as art and cultural facilities and programs, childcare opportunities, and health and human services. California state law does not require this element in the city's General P ; however, it permits a general plan to include other elements and subjects that relate to e p ysical development of a city and subjects that relate to quality of life. Once an optional a ent s been adopted, it carries the same legal force and effect as a mandatory element. S. Growth Management Program (Adopted by City Counci rii z3, 1) The Growth Management Program (Program) document, ng with the "Growth Management Element" of the General Plan and the "Growth Management" ordinance, created a comprehensive system to manage future growth. The Program established a foundation for carrying out the development policies of the city by directing and coordinating future growth in order to guarantee the timely provision of p lic flities and services, with primary focus being on the area east of Interstate 805. The Program reviewed the *s and o �ectives of the General Plan and the "Growth Management Element" and how the goals and objectives were met. It also: ■ Outlined the function and responsibilities of the Growth Management Oversight Commission; ■ Provided gverviews of the different community planning areas, describing the existing developm t process and the status of specific development projects for planning purposes; ■ Discussed each of the eleven topics with adopted threshold standards; ■ Provided a description of the various components of the overall phasing policy, proposed specific development phasing policies, and presented a development phasing forecast; ■ Provided an overview of finance, discussing the existing finance approaches being used and listed the various methods available to finance public facility improvements; 14 2015 -04 -14 Agenda Packet Page 66 ■ Summarized the key components of implementation, describing threshold standards, facility master plans, project processing requirements, the development phasing policies /forecast, the GMOC, pacing of development, prioritizing projects, financial management and proposed finance policies, and the organizational structure necessary to operate the program; and ■ Provided a summary of the current status of the facilities in relation to threshold standard compliance, as reported in the second annual report by the GMOC. The information in the Growth Management Program was updated and incorporated into this Growth Management Program Implementation Manual, which replaces the Growth Management Program document. K -",v -I 6. "Growth Management Oversight Commission" Ordinance, Chapter 2.40 of the Chula Vista Municipal Code (Adopted by City Council May 7, 1991 and last updated in 2011) According to the ordinance, the city council's purpose and intent in establishing the Growth Management Oversight Commission was to "create an advisory body to provide an independent annual review of the effectiveness of the General Plan regarding development issues," using "threshold criteria to make determinations regarding the impact of development on the 'quality of life' in Chula Vista; publish findings; and make recommendations thereon." Chapter 2.40 also outlines functions and duties, membership and meeting schedule information for the GMOC. One of the duties of the GMOC is to prepare an annual report, as described in no. 9, below. This ordinance is supplemented by Chula Vista Municipal Code Chapter 2.25, described in no. 8, below. ff 1W 7. "Growth Management Ordinance" Chapter 19.09 of the Chula Vista Municipal Code (Adopted by City Council May 28, 1991 and last updated in 2014) Consistent with the General Plan's "Growth Management Element" and in order to protect the public health, safety and welfare the "Growth Management" ordinance accomplishes the following: A. Ensures that public facilities, infrastructure, and services continuously meet threshold standards and are provided in advance of or concurrently with the demands created by new development; Assures that individual development projects measure potential impacts upon public facilities, infrastructure and services and provide a plan for funding improvements needed to meet threshold standards; C. Limits or prevents additional development if public facilities, infrastructure, and services improvements meeting established threshold standards are not provided in a timely and logical fashion; D. Controls the timing and location of development by tying the pace of development to the provision of public facilities and improvements to conform to the goals and objectives of the General Plan, the threshold standards, and procedures set forth in the Growth Management Implementation Manual; and 15 2015 -04 -14 Agenda Packet Page 67 E. Promotes revitalization and redevelopment of older portions of the city, including the "Urban Core" area and the commercial corridors. The "Growth Management" ordinance sets forth the basis of the procedures involved with growth management, including both the monitoring of threshold standards and related regulatory actions and the imposition of growth controls. Its purpose is to ensure that, as new development occurs, public facilities, infrastructure and services will concurrently be provided to meet the demands generated by new development, and that service levels to existing residents will not be reduced. Therefore, it establishes requirements (in accordance with the General Plan) and specifies goals, objectives, threshold standards, and implementation measures for eleven topics, including: Air Quality, Drainage, Fiscal, Fire and Emergency Medical Services, Libraries, Parks and Recreation, Police, Schools, Sewer, Transportation and Water. NX 4; Each goal describes a desired condition or "end state ", while the objectives represent measureable steps toward achieving the goal. ■ Threshold standards are levels of service or maintenance standards, adherence to which will achieve the objectives and goal. ` ■ Implementation measures are those techniques that will be used to encourage or enforce maintenance of the threshold standards. These are the actions the city can take to preserve the current quality of life while development progresses. Three key implementation measures can be applied: Issuance of a "Statement of Concern "; Adopt and fund tactics; and Development Moratorium. Statement of Concern A Statement of Concern is an implementation tool that may be used by the Growth Management Oversight Commission in its annual report, should the GMOC determine that a potential problem exists with respect to any of the threshold standard topics. When issued for an externally controlled threshold standards (e.g. Water, Schools, Air Quality), the Statement of Concern will highlight what action the city and /or other agency can take in order to solve the specified issue and encourages further or additional inter- agency cooperation /coordination. There may also be a recommendation to issue correspondence or a resolution by the city council to the external agency if the situation so warrants, as determined by the GMOC and city council. ■ When issued to a city department regarding a current or forecasted failure of a threshold standard, the Statement of Concern may include elements dealing with city management, organization and budget priorities. ■ When issued in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non- growth- related issue, the Statement of Concern can offer a finding, or make recommendations regarding city management, organization and budget priorities. 16 2015 -04 -14 Agenda Packet Page 68 Adopt and Fund Tactics Capital, operational, or program elements may be identified as needing to be established in order to correct a current or future threshold issue or deficiency. Development Moratorium The "Growth Management" ordinance provides that the city council may, by ordinance, at their discretion or on the basis of recommendations provided by the GMOC, make specific findings and impose a causal moratorium on the issuance of building permits in the city. This limitation, consistent with the provisions of the "Growth Management" ordinance, must be directly related to a cause associated with non - compliance of threshold standards and may be for the entire city or a designated sub -area. Any such growth limitation would endeavor to minimize unintended consequences and would be balanced and equitable. The moratorium would specify the corrective action(s) to address the problem and a time frame for resolving the failure. See section IV.13.10 "Building Permit Moratorium" for additional information. Table 2, below, identifies the review mechanism and implementation measure associated with threshold compliance for each of the eleven topics. TABLE 2 — SUMMARY OF THRESHOLD STANDARDS 17 2015 -04 -14 Agenda Packet Page 69 Application /Timing Implementation Measures Topic Project Level Annual City- "Statement of Plan of Action Public Hearing Conformance wide Concern" to Considering Review by Conformance Council Timing Moratorium to Staff Review by Benchmarks Achieve GMOC Finance Plan Conformance Fire /EMS X X X X Police X X X Tra20010S X X X X Parks/ X X X X Recreation Drainage X X X X Libraries X X X Air Quality X X Fiscal X' X X 17 2015 -04 -14 Agenda Packet Page 69 'Fiscal Impact Analyses required for SPA Plans, or projects of 50 units or more, or equivalent for non - residential projects. 2Required for SPA Plans, or projects of 50 units or more. Not applicable for non - residential projects. The Growth Management Program implements the threshold standards through five procedural steps: A. Determining the regulatory requirements to be imposed upon discretionary development projects as defined by various state and local regulatory laws and rules and the growth management threshold standards; B. Applying these requirements when conducting discretionary review of individual project proposals and modifying project proposal and /or applying appropriate mitigation measures; C. Requiring a financing and phasing plan that assures the required public improvements will be adequately funded, pay for themselves, and be available when needed; D. Providing an annual review by a citizen commission (the GMOC) on the status of the city's quality of life, how the growth management program is functioning to meet its stated objectives, and to issue recommendations to the city council regarding findings related to meeting growth related threshold standards and the growth management program in general; and E. Providing the city council with the opportunity to take growth management actions needed to preserve, protect, and enhance the quality of life for current and future residents of the city. 8. "General Rules for Boards and Commissions" Ordinance, Chapter 2.25 of the Chula Vista (Adopted by City Council in 2008 and last updated in 2011) This ordinance supplements the "Growth Management Oversight Commission" ordinance described in no. 6, above. It goes into greater detail regarding membership, attendance requirements, ethics, compensation, operations, vacancies, etc. for all city commissions, including the GMOC. 9. Growth Management Oversight Commission's Annual Report Chapter 2.40 of the Chula Vista Municipal Code requires that the GMOC prepare an annual report for the city council regarding the current and potential future compliance status of the quality of life threshold standards. The report is intended to serve as a basis for recommending changing the capital investment program, making changes to city organization and management, engaging in interagency 18 2015 -04 -14 Agenda Packet Page 70 Application /Timing Implementation Measures Schools X2 X X Sewer X X X Water X X X 'Fiscal Impact Analyses required for SPA Plans, or projects of 50 units or more, or equivalent for non - residential projects. 2Required for SPA Plans, or projects of 50 units or more. Not applicable for non - residential projects. The Growth Management Program implements the threshold standards through five procedural steps: A. Determining the regulatory requirements to be imposed upon discretionary development projects as defined by various state and local regulatory laws and rules and the growth management threshold standards; B. Applying these requirements when conducting discretionary review of individual project proposals and modifying project proposal and /or applying appropriate mitigation measures; C. Requiring a financing and phasing plan that assures the required public improvements will be adequately funded, pay for themselves, and be available when needed; D. Providing an annual review by a citizen commission (the GMOC) on the status of the city's quality of life, how the growth management program is functioning to meet its stated objectives, and to issue recommendations to the city council regarding findings related to meeting growth related threshold standards and the growth management program in general; and E. Providing the city council with the opportunity to take growth management actions needed to preserve, protect, and enhance the quality of life for current and future residents of the city. 8. "General Rules for Boards and Commissions" Ordinance, Chapter 2.25 of the Chula Vista (Adopted by City Council in 2008 and last updated in 2011) This ordinance supplements the "Growth Management Oversight Commission" ordinance described in no. 6, above. It goes into greater detail regarding membership, attendance requirements, ethics, compensation, operations, vacancies, etc. for all city commissions, including the GMOC. 9. Growth Management Oversight Commission's Annual Report Chapter 2.40 of the Chula Vista Municipal Code requires that the GMOC prepare an annual report for the city council regarding the current and potential future compliance status of the quality of life threshold standards. The report is intended to serve as a basis for recommending changing the capital investment program, making changes to city organization and management, engaging in interagency 18 2015 -04 -14 Agenda Packet Page 70 cooperation, and imposing development restrictions or other actions to assure that the threshold standards and related quality of life in the city are sustained. The report: • Assesses the accomplishments and deficiencies of the Growth Management Program over the last year; • Makes determinations as to whether each of the Growth Management Program's threshold standards have been met during the review cycle; ■ Comments on the likely future compliance status of each of the threshold standards, for up to five years; ■ Identifies issues and concerns related to growth management and quality of life; ■ Prepares recommendations to the city council related to threshold standard compliance, which may include: city management and organizational changes; capital investments; budgetary and fiscal matters; areas needing interagency cooperation; and need to restrict or reduce the rate of growth; and ■ Recommends changes or additions to growth management threshold sta and their respective implementing actions. n. V One of the tools used to acquire information for the annual report is the Annual Residential Growth Forecast and responses from agencies, described below. 10. Annual Residential Growth Forecast and Agency Responses 410 The Annual Residential Growth Forecast (Forecast) is prepared in the first quarter of each fiscal year by city staff. It includes historical information, as well as the number of building permits projected to be issued each year over the next five years. The projections are based on disclosures from developers and builders regarding residential projects that have been or are undergoing the entitlement process, and could potentially be approved and permitted for construction within the next five years. These projects are under the city's control with respect to the standard entitlement process time frames. As such, the projections do not reflect market conditions outside the city's control and do not represent a goal or desired growth rate. They represent a "worst- case" or more liberal estimate to assess maximum possible effects to the city's threshold standards. Using more aggressive development figures in the forecast allows the city and service providers to evaluate the maximum potential effect on maintaining quality of life, and the ability to provide concurrent development of necessary public facilities and services. The Forecast is distributed to the city departments and outside agencies that monitor the Growth Management Program's threshold standards. Each department and agency is asked for the compliance status of the relevant threshold(s), and any future compliance issues relative to the level of projected growth. The responses of the city departments and other agencies are then assembled and presented to the Growth Management Oversight Commission as part of the Commission's annual review activities. 19 2015 -04 -14 Agenda Packet Page 71 11. Facility Master Plans Facility master plans are the means by which public facilities (such as libraries and fire stations) and services are planned for future adequacy at build -out. Adopted by city council, these plans are prepared by applicable city departments and periodically updated. They contain assumptions regarding existing and projected land uses and development projections, and identify specific facilities that will serve the build -out of future development, along with phasing and cost estimates. Development Impact Fees and other associated funding programs are established based on the needs identified in the master plans. The operating departments may also develop "strategic plans" that outline service demands and how these demands will be met. The city also regularly interfaces with the water districts, school districts and the Air Pollution Control District when they prepare their master plans and facility needs analyses. Future development proposals utilize facility master plans to determine the adequacy of specific facilities and to demonstrate compliance with the adopted threshold standards. A development proposal must be consistent with these various facility master plans, which currently include: ■ Libraries Strategic Vision Plan (April 8, 2014) and Strategic Facility Plan (April 8, 2014) ■ Fire and Emergency Medical Services Master Plan (2014) ■ Parks and Recreation Master Plan (Draft December 2010) ■ Circulation Element of the General Plan (Updated in 2013) ■ Bikeway Master Plan (February 1, 2011) ■ Pedestrian Master Plan (June 15, 2010) ■ Greenbelt Master Plan (September 16, 2003) ■ Wastewater Master Plan (July 2014) ■ Drainage Master Plan (2004) 12. Air Quality Improvement Plans Air Quality Improvement Plans (AQIPs) analyze air pollution impacts that would result from development of proposed projects, and define methods for mitigating development impacts and improving air quality. To enhance opportunities to improve air quality and energy conservation, Section 19.09.050(B) of the Chula Vista Municipal Code requires AQIPS for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 equivalent dwelling units (EDUs) of air quality impacts or greater; and 3) all Sectional Planning Area (SPA) Plans and Tentative Maps (TMs). The specifics for preparing AQIPs are attached in Appendix A. 13. Water Conservation Plans In order to reduce future water consumption for approved development proposals, Section 19.09.050(C) of the Chula Vista Municipal Code requires Water Conservation Plans (WCPs) for: 1) all major development projects of 50 dwelling units or greater; 2) commercial and industrial projects with 50 EDUs or greater; and 3) all SPA Plans and TMs. The plans must include detailed information, such 20 2015 -04 -14 Agenda Packet Page 72 as: a project description, identification of water service and supply, projected water use, and implementation measures. The specific requirements are attached in Appendix B. 14. Public Facility Finance Plans Public Facility Finance Plans (PFFPs) detail infrastructure and service requirements for particular projects and indicate how the improvements will be phased and funded to ensure continued compliance with threshold standards as development proceeds. They are the critical link between the threshold standards and development entitlements. When specific thresholds are projected to be reached or exceeded based upon the analysis of the proposed phased development of the project, the PUP prescribes specific timing benchmarks for delivery of new infrastructure and services necessary for continued compliance with the Growth Management Program and threshold standards. Per Section 19.09.080 of the Chula Vista Municipal Code, PFFPs are required for all SPA Plans and TMs, and may be prepared at various times in the development review process. Instructions and requirements for preparing PFFPs are outlined in Appendix C. 15. Fiscal Impact Analyses J1 The purpose of fiscal impact analysis (FIA) is to estimate the impact of a development or a land use change on the expenditures and revenues to the city for serving the development. The analysis is generally based on the fiscal characteristics of the community land values, needed facilities and services, etc. The analysis enables the city to estimate the difference between the costs of providing services, such as police and fire services, park maintenance, etc., to a new development and the revenues (taxes and user fees, for example) that will be generated by the development. Because a FIA is primarily based on an analysis of city revenues and expenditures, key players conducting an assessment include the Director of Finance, the county tax assessor, and typically a consultant to gather information and to prepare the analysis. The city's Finance Department maintains the current FIA models that applicants must use. Two models exist. One is used for large -scale analysis of build -out conditions, such as for General Plan level analysis. The other is used for individual projects, such as SPA plans and Tentative Maps, which evaluate conditions throughout the project's phased implementation. At the discretion of the Development Services Director, a FIA may be required for development proposals of 50 dwelling units or more, and commercial or industrial projects with 50 equivalent dwelling units (EDUs) or greater. Also, FIAs may be required for individual projects within SPA plans if they propose amendments to the General Plan, General Development Plan or SPA. Projects must be fiscally positive, and the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) requires offsets for any negative years. 21 2015 -04 -14 Agenda Packet Page 73 16. Growth Management Program Implementation Manual 4 Adopted by city council in 2014, the Growth Management Program Implementation Manual ( "Manual ") incorporates and replaces both the Threshold Standards and Growth Management Oversight Commission Policy and the Growth Management Program documents. It provides direction for implementing the city of Chula Vista's Growth Management Program, outlined in the "Growth Management Element" of the city's General Plan and in its "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code). The Manual sets out the procedures for how the Growth Management Program is administered, including how growth management policies integrate with other aspects of development regulation, finance, and municipal operations. TABLE 3 — GROWTH MANAGEMENT - RELATED REGULATORY PROGRAMS Growth Management - Related Function Status Regulatory Programs 1. Growth Management Monitors and guides the Growth Established pursuant to the 1987 Oversight Commission Management Program, prepares Threshold Standards and GMOC annual report on threshold standards Policy, and updated in Chapter compliance. 2.40 of the Chula Vista Municipal Code adopted by city council in 1991 and amended in 2011. 2. Development Impact Fees (DIF) Provide financing for development- Originally adopted in 1986 for and other Funding Mechanisms related infrastructure improvements. Eastlake and extended to the eastern area in 1998. The transportation development impact fee (TDIF) has expanded to western Chula Vista. Updated in accordance with updated facility master plans, and periodically for changes in conditions or construction costs. 3. Capital Improvement Program To fund new infrastructure and /or to Updated annually looking out one (CIP) increase the useful life or value of and five years. the city's physical assets or existing infrastructure. The CIP funds infrastructure not otherwise required to be built by developers. 4. Community Facilities Districts A special taxing authority that may The city has numerous CFDs, (CFDs), Assessment Districts (ADs) be formed to finance certain particularly in eastern Chula Vista, and Bonds designated public services and capital covering facilities such as schools, facilities by levying special taxes drainage, and open space which are continuing liens levied maintenance. Levies are against real property within the periodically reviewed and service area. updated. 5. Intergovernmental An agreement between agencies to The City has agreements with the 22 2015 -04 -14 Agenda Packet Page 74 Growth Management - Related Function Status Regulatory Programs Agreements upgrade services, consolidate city of San Diego for dispatching resources and save money. fire services, the San Diego Metropolitan Wastewater District for sewage treatment capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6. Development Review Process Technical studies, PFFPs and In the PC zone, the threshold conditions of approval are used to standards are integrated into the evaluate and ensure projects comply development review process in a with the threshold standards and 3- tiered manner: General related requirements. Development Plan (GDP), SPA & PFFP /FIA and Tentative Map. 7. Environmental Analysis Compliance with threshold standards Conducted on all discretionary is analyzed through environmental proposals deemed to be "projects" review of development projects under CEQA; some result in consistent with state law (California preparation of Environmental Environmental Quality Act or Impact Reports (EIRs). "CEQA "). 8. Development Agreement An optional contract between the The city has development agree - city and a developer to specify ments for property associated with standards and conditions governing property. Otay Ranch, including Millenia. 9. Traffic Monitoring Program (TMP) The collection of traffic monitoring The city routinely monitors traffic data (traffic volume and travel times) at specific intersections and along carried out under a variety of programs and used to determine select roadway corridors identified level -of- service (LOS) performance on the TMP's Arterial Segments pursuant to the Traffic threshold. Map. 10. Building Permit M m City council may, by ordinance, Used only on a case -by -case basis, impose a limit on building permits if if determined necessary by city specific findings are made. Limits are council in a public hearing. to avoid exacerbation of a problem until threshold compliance issue is remedied. B. Growth Management - Related Regulatory Programs 1. Growth Management Oversight Commission As outlined in Chapter 2.40 of the Chula Vista Municipal Code, the Growth Management Oversight Commission (GMOC) consists of nine citizens appointed by the city council and represent four geographic areas in the city (southwest, southeast, northwest, and northeast), four interest areas (education, business, development, and environmental), and a representative from the planning 23 2015 -04 -14 Agenda Packet Page 75 commission. The purpose of the GMOC is "to provide an independent annual review of the effectiveness of the General Plan in regard to development and growth- oriented issues; to make determinations in regard to the impact of development on the quality of life in Chula Vista, using the threshold standard criteria; and to publish findings and make recommendation on the same." In addition, the GMOC looks at facility master plans, development activity, financing plans for constructing new facilities, development phasing, and other growth management issues. The city provides secretarial support and a liaison who serves as lead staff support and contact for the GMOC, acts as facilitator for functioning the commission, and writes reports, including the annual report that evaluates compliance of threshold standards and makes determinations regarding the impact of development on the quality of life within the city. The GMOC's review is structured around three timeframes: ■ A Fiscal Year Cycle (July 1 —June 30) to accommodate city council review of GMOC recommendations that may have budget implications; 2. • The period after June 30 until completion of the annual report to address pertinent issues identified during this timeframe, and to assure that the GMOC can and does respond to current events; and • A five -year forecast, beginning in the first quarter of the fiscal year and ending in December five years later to assess potential threshold compliance concerns. 2. Development Impact Fees and Other Funding Mechanisms for Public Facilities Development Impact Fees (DIFs) are one -time charges applied to new developments. Their purpose is to raise revenue for the construction or expansion of capital facilities located either within or outside the boundaries of the new development, and to benefit the contributing development. Impact fees are assessed and dedicated principally for the provision of additional sewer systems, roads, libraries, fire stations and parks and recreation facilities made necessary by the presence of new residents in the area. The funds collected cannot be used for operation, maintenance, repair, alteration or replacement of capital facilities. Below is a list of established DIF funds as of Fiscal Year 2014 -15: ■ Eastern Transportation TDIF Western Transportation TDIF Traffic Signal ■ Telegraph Canyon Drainage ■ Telegraph Canyon Gravity Sewer ■ Poggi Canyon Sewer Basin ■ Salt Creek Sewer Basin ■ Pedestrian Bridges (Otay Ranch Villages 1, 2, 5, 6, 11 and Millenia) ■ Public Facilities (Administration, Civic Center Expansion, Police Facility, Corp. Yard Relocation, Libraries, Fire Suppression Systems, Recreation Facilities) 24 2015 -04 -14 Agenda Packet Page 76 Chula Vista originally adopted DIFs in 1986 for the Eastlake master planned community and subsequently adopted DIFs for all of eastern Chula Vista in 1998. Typically, the DIFs are updated in accordance with updated Facility Master Plans, and on a periodic basis to reflect changes in construction costs, etc. The terms for collection of Development Impact Fees are outlined in various authorizing ordinances. Fees are generally to be paid upon the issuance of building permits for each development project within the city of Chula Vista, except that, at the discretion of the City Manager, prepayment arrangements may be made. Also, whenever a developer is required to construct or finance a facility that services more than just the demands of their project (such as a portion of a ma'or roadway), procedures are followed to receive DIF credit or reimbursement. There are a number of financing options available for developer obligated capital improvJJnts, including the following: OPM& V ■ Cash /Pay -as- You -Go Financing: In this method the city charges the development community a series of fees that provide the source of income to pay for capital improvement projects. Once enough cash has been collected the city constructs the next capital project in order of its priorities. ■ Reimbursement Agreements: The city may, under certain circumstances, be asked by a developer to reschedule a project to an earlier date and to construct the facility before funds have been collected under the pay as you go or fee system. When this occurs, the city adopts a policy of having the interested developer construct the project based on a reimbursement agreement. The city pays the developer back for the portion of the project that was to be funded by city resources when funds are available. The use of this method of project financing does not eliminate the developer's obligations to pay city fees associated with their specific development project. ■ Credit for City Fees: When the city determines that the public interest is served by a developer constructing certain public facilities earlier than possible under a pay as you go program the city can consider giving the developer credit for fees that would otherwise be paid at building permit issuance. These credits would reduce the amount of fees payable in future years from a certain development. The use of fee credits is carefully examined to avoid reducing the amount of available funds necessary to build other capital improvements. Options exist when considering fee credits in the following areas: Full fee credit immediately: Under this alternative, the developer who builds a public improvement is eligible to deduct 100 percent of the cost of this improvement from the required city fees. Once the fee credit is exhausted the developer begins paying fees as normally assessed by the city. Under this option the developer gets immediate credit for the total cost of the project. 25 2015 -04 -14 Agenda Packet Page 77 ■ Full fee credit overtime: Under this alternative the developer who builds a public improvement receives credit for the cost of the public improvement. However, the use of the credit is spread over a number of years or payments. This would allow the city to continue receiving some fees while at the same time crediting the developer for partial fee payments ■ Debt Financing: The city has a maximum special tax of 1% of the sales price of new properties, as of the date of close of escrow. The statewide ad valorem property tax rate is also 1 %. Some of the other debt financing options available are described below. 3. Capital Improvement Program N, -W^1 The city's Capital Improvement Program is the annual council- approved compilation of all of the capital improvement projects designed to foresee and address the city's future capital needs. A Capital Improvement Project (CIP) is a public infrastructure project that increases the useful life of the city's physical assets or infrastructure and /or adds to their value. Specific funding is granted by city council. Implementation of CIPs may have a direct effect on threshold compliance. For example, CIPs to lengthen turn lanes or to add extra travel lanes may be necessary to improve traffic flow so that it will comply with the level of service that meets the traffic threshold standard. Recommendations in GMOC annual reports can, and have in the past, resulted in proposed CIPs to remedy issues such as these. 4. Community Facilities Districts, Assessment Districts and Bonds Various special districts within the city collect fees, which are used for capital improvements defined within their capital improvement programs. A Community Facilities District (CFD), such as a Mello- Roos district, is a special taxing authority that may be formed to finance certain designated public services and capital facilities by levying special taxes which are continuing liens levied against the real property within the service area. ■ Mello Roos Community Facilities Act of 1982: The Mello Roos Community Facilities District Act provides governmental entities with the ability to finance infrastructure through the creation of a special tax as allowed by section 4 of Article XIIIa of the State Constitution. This special tax may be created with the approval of two - thirds of the property owners based on the amount of property owned or registered voters based on one vote per person if more than twelve registered voters reside within the district. A Mello Roos district may finance a wide variety of facilities, including schools. Libraries, parks, streets and civic buildings. The act generally provides that a governmental entity, a city a school or a joint powers authority may use a Mello Roos district to finance any facility that the legislative body for that government is empowered to construct. 26 2015 -04 -14 Agenda Packet Page 78 Capital facilities that may be funded by a CFD include: police and fire protection stations, open space improvements, cultural facilities, and elementary and secondary schools. CFDs also fund maintenance for a range of facilities and open space districts. An Assessment District may be formed by the city when it embarks on a public works project — such as a new road or a sewer system upgrade — to raise the funds needed to cover the expense. It is a specially designated area encompassing properties that stand to benefit from a particular improvement. ■ Assessment Districts: Assessment districts generally fall into the Municipal Improvement Act of 1913 Division 12 of the Streets and Highways Code of the State of California and the Improvement Act of 1915 is Division 10 of the Streets and Highways Code. The city may use assessment districts to assist the developer in the construction of various public improvements that may be financed through either the use of a 1913 or 1915 assessment district. There must be a significant public benefit from this improvement to use these districts. Property owners in Assessment Districts collectively pay in proportion to their share of benefits received. Usually, the type or amount of use on the property and the size of the lot will determine the amount due. The resulting assessment will appear as part of the property owner's tax bill. These special taxes occur over the course of several years, because homeowners are actually repaying bonds sold by the city to finance the project. Since the life of a bond issue is an average of 15 to 20 years, special assessments do not disappear quickly. Due to Proposition 218, however, California State law now requires that property owners who would benefit from a public improvement — and thus pay for it — approve the creation of the Assessment District. State law also allows for the formation of special benefit districts. ■ Special Benefit Districts: State law allows for the formation of a variety of special benefit districts. These districts may be used to fund the construction of parks, libraries, police or fire facilities and street lighting systems, to name just a few. These districts are formed by a vote of the property owners who are assessed for the cost of improvements. The developer and or land owner bears the burden of debt service payments. City participation in a district of this type must be in proportion to the construction for which the city is responsible. • New Revenue Bonds: The city may elect to issue revenue bonds to finance improvements related to utility functions or other city services that generate a fee for service. If the public improvements are being installed ahead of the expected schedule to accommodate the developer, the developer must offset many of the costs of issuing the revenue bonds. • Certificates of Participation: Certain public facilities such as buildings can be financed through certificates of participation. This is in effect a lease agreement between the city and another agency. A developer wishing to move projects forward might consider constructing facilities such as a library, park, or fire station using this finance tool. 27 2015 -04 -14 Agenda Packet Page 79 ■ General Obligation Bonds: The city can issue general obligation bonds to fund the construction of public improvements. As required by state law, this can only be accomplished with the approval of two - thirds of the voters in an election. General obligation bonds can probably best be used in the older portions of the city. They provide facility improvements in areas where there is no new development to provide facilities. S. Intergovernmental Agreements Most intergovernmental agreements are made to upgrade services, consolidate resources and save money. They can be made between or among a broad range of governmental or quasi - governmental entities, such as a city and a county or a city and a school district. A typical intergovernmental agreement might involve a contract between two small cities to share police, fire and paramedic services. Intergovernmental agreements can improve services, save money through economies of scale, and lead to a culture of inter - community cooperation in many areas The city currently has an intergovernmental agreement with the city of San Diego for dispatching fire services, the San Diego Metropolitan Wastewater District for sewer capacity, and San Diego County for shared sewer lines in portions of the city of Chula Vista. 6. Development Review Process f, lub" a Integration of the Growth Management Program into the development review process varies from projects in the Planned Community (PC) zone and projects not in the PC zone. The approach for each is explained below. Development in PC Zone *k X-t, The Growth Management Program's threshold standards are integrated into the city's development review process of large -scale projects, or those in the Planned Community (PC) zone, in a three - tiered manner, as shown on Table 4. ■ Tier 1 involves preparation of a General Development Plan, which establishes the basic land use and development policies. Initial environmental review is completed, which provides a framework for subsequent environmental review and actions. ■ Tier 2 involves preparation of a detailed Sectional Planning Area Plan and a corresponding Public Facilities Finance Plan, consistent with the requirements of the "Growth Management" ordinance. The SPA and the PUP are the basis of land development standards and infrastructure requirements, along with any related Development Agreement entitlements and responsibilities. ■ Tier 3 involves creating the Tentative Map and meeting key requirements, such as establishment of financing mechanisms and assurances that threshold standards can be met as development is actually occurring. 28 2015 -04 -14 Agenda Packet Page 80 TABLE 4 — THREE - TIERED DEVELOPMENT REVIEW PROCESS Tier 1 Tier 2 Tier 3 General Development Sectional Planning Tentative Map Plan and Area Plan and Public Environmental Analysis Facilities Finance Plan Threshold Tests feasibility of project Demonstrates Standards and at build -out per consistency of each CEQA Review threshold standards and phase with threshold analyzes environmental standards impacts Public Facilities Allocates project share of Locates and describes Requirements public facilities at build- public facilities needed out for each phase Financing of Identifies financing Identifies cost, financial Facilities options responsibility, and proposed financing method for each public facility Project must guarantee conformance to threshold standard prior to building Construction of public facilities guaranteed Specific financing mechanisms established This approach has served the city well in managing expansion in eastern Chula Vista. Development Outside of PC Zone A different approach to regulation has been established to encourage and manage desirable development and redevelopment in western Chula Vista, given the unique development challenges faced in this area. This regulatory approach relies upon the preparation of city- sponsored specific plans and corresponding PFFPs. The western Chula Vista regulatory framework accounts for the smaller size of urban infill projects and the financial hurdles often facing infill and redevelopment projects (e.g., parking, hazardous materials remediation, etc.) and the related need for public investments. 7. Environmental Analysis California Environmental Quality Act (CEQA) review is conducted on all discretionary proposals deemed to be "projects" under CEQA; some result in preparation of Environmental Impact Reports (EIRs) or Mitigated Negative Declarations (MNDs). The process of analyzing a development project's impact on public services, consistent with CEQA, involves determining compliance with "thresholds of significance ". Such thresholds may be actual GMP thresholds or a combination of GMP thresholds and other requirements from the General Plan, MSCP, etc. 29 2015 -04 -14 Agenda Packet Page 81 8. Development Agreement A development agreement is a regulatory tool that can be used to provide, enhance or advance a Capital Improvement Project. It is an elective contract between the city and a developer and specifies the standards and conditions that will govern the development of the property and provide assurance to the developer that they may proceed to develop the project subject to the rules and regulations in effect at the time of approval — generally, the development will not be subject to subsequent changes in regulations. For instance, a current agreement between the city and a developer stipulates that "If city amends its 'Growth Management' ordinance, the amended 'Growth Management' ordinance shall apply to the project upon master developer's written acceptance by a clarification pursuant to..., which acceptance shall not constitute an amendment to this agreement. This provision shall not affect any mitigation measures required of master developer under the environmental document certified for the project." The agreement should also benefit the city and may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system -wide community improvements, and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and the city. 9. Traffic Monitoring Program The city's engineering department has various methods of monitoring level -of- service (LOS) (physically driving or remote sensing) at key intersections and along corridors throughout the city on an annual basis. An "Arterial Segments" map defines the location and length of roadways to be measured for compliance, and each year findings are reported on arterial segment maps that show the LOS (A -F) for three time periods of the day: AM Peak, Mid -Day Peak and PM Peak. The Growth Management Oversight Commission reviews this information in determining whether or not traffic in the city is in compliance with the traffic threshold standard. 10. Building Permit Moratorium As provided in the city's "Growth Management" ordinance (section 19.09.070 of the Chula Vista Municipal Code), the city council has the ability to adopt an ordinance imposing a limit on building permits for construction of residential and /or non - residential development after making one or more of the following findings in regard to health, safety and welfare: ■ That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the "Growth Management" element of the General Plan and this chapter. 30 2015 -04 -14 Agenda Packet Page 82 ■ That continued development will cause deterioration of the city's quality of life, and compromise the health, safety and welfare in the city of Chula Vista. ■ That continued development will strain the city's fiscal resources and ability to deliver high quality services to all of its residents. Limits are imposed to avoid exacerbation of a problem until threshold compliance issue is remedied. If the city council makes the necessary required findings to impose a limit on building permits, then it shall adopt an ordinance that specifies: ■ Area where the moratorium applies; ■ Duration of the moratorium (when it begins and ends); ■ Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include "affordable" housing units (units sold or rented at below market rates to meet the city's Housing Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.g., a development agreement); ■ Any conditions that would allow the moratorium to be lifted prematurely; and ■ How the building permits shall be allocated. N, lah, V. Administering the Growth Management Program Administering Chula Vista's Growth Management Program is led by the city's Development Services Department as a part of the overall development review process; however, administration is a joint effort by other city departments, the Growth Management Oversight Commission, the planning commission and the city council. A. City Staff Responsibilities SO As illustrated in Figure 2, city staff activities include monitoring threshold standards, forecasting growth - related impacts, reviewing and conditioning development projects, reviewing compliance with PFFPs, tracking and monitoring development, and preparing the GMOC's annual report. The city attorney provides oversight and assistance, and many departments contribute their technical expertise. 1. Tracking Development City staff tracks development to monitor growth, track timely implementation of Public Facility Financing Plans (PFFPS) phasing requirements and other SPA Plan or Tentative Map conditions relative to maintaining compliance with threshold standards. Tables are updated monthly to show the number of single - family and multi - family units at each stage of project implementation: SPA Plan, Tentative Map, Final Map, Building Permit Issued and Occupancy. 31 2015 -04 -14 Agenda Packet Page 83 2. Threshold Compliance Reports Staff also tracks and prepares threshold compliance reports for Police and Fire response times, and Traffic's level of service. Threshold compliance reports are also submitted by staff on an annual basis for Air Quality, Drainage, Fiscal, Libraries, Parks and Recreation and Sewer. 3. GMOC Support The Development Services Department currently provides administrative, technical and clerical staff support for the GMOC. City staff tasks include, but are not limited to, the following: ■ In the first quarter of each fiscal year, preparing a residential growth report containing a 5 -year development forecast, running from the first quarter of the fiscal year through December five years later. ■ Scheduling an annual organizational meeting of the GMOC for the purpose of electing a chair and vice - chair, and setting the schedule for the current review cycle. ■ Providing administrative and clerical support to the GMOC for its meetings, and in the preparation of its annual report. • Advising the GMOC on technical and policy matters. • Requesting information from city departments and outside agencies, as may be necessary, for the GMOC to adequately perform its function. • Providing responses to GMOC requests for information related to their evaluation of threshold standard compliance and other related requests, as reasonable, and in a timely manner. This may include attending one or more GMOC meetings, in addition to providing written information. • Assisting the GMOC as it prepares its annual report, providing technical assistance and production. • Scheduling a publicly noticed joint workshop with the GMOC, planning commission and city council to present the annual report to the decision - making bodies for their consideration of findings and recommendations included in the report and in a "Recommendation / Implementing Actions Summary." Any actions from the planning commission and city council are accomplished by resolution. ■ After the planning commission and city council have acted on the GMOC's annual report, ensuring that any policy changes directed by the city council are returned to the city council in the form of a draft resolution initiating the recommended policy changes. The resolution and a related staff report are intended to be a ready and thorough reference for the public, city staff, developers and decision - makers documenting the changes needed are implemented. 32 2015 -04 -14 Agenda Packet Page 84 FIGURE 2 — IMPLEMENTING ROLES AND RESPONSIBILITIES City Staff Activities GMOC Review and Recommendations Planning Commission & City Council Review and Actions 6vtoi� B. Growth Management Oversight Commission Responsibilities The functions and duties of the Growth Management Oversight Commission are outlined in Chapter 2.40 of the Chula Vista Municipal Code and discussed in sections IV.A.3. "Growth Management Oversight Commission Annual Report" and IV.13.9 "Growth Management Oversight Commission." C. Planning Commission and City Council Responsibilities The planning commission shall annually appoint a member from the planning commission to serve as a GMOC commissioner. The GMOC's Annual Report shall be submitted to both the planning commission and the city council to discuss findings and recommendations, and to request, by resolution, acceptance of the report at a joint workshop /public hearing, to be held before adoption of the budget each year. The planning commission may comment on the findings and recommendations and shall, by resolution, make a recommendation to the city council, who shall take action. Both the planning commission and the city commission are also responsible for reviewing documents and programs associated with development including, but not limited to: SPA Plans, PFFPs, EIRs, Financial Impact Analyses and Development Impact Fees. 33 2015 -04 -14 Agenda Packet Page 85 Sections: Chapter 19.09 GROWTH MANAGEMENT 19.09.010 Purpose /-aPA41ntent, Policies and Findings. 19.09.020 Definitions. 19.09.030 Growth Management p rogram Implementation Manual. 19.09.040 Quality e tThreshold &Standards for City Facilities and S 4 es. 19.09.050 Threshold Standards for External Facilities and Services. 19.09.0960 Amendments and Supplemental Threshold Standards. R8g648M8R+ f9F publi^ 19.09.0970 19.09.07-80 Requirement for - Public (Facilities (Finance p. tans (PFFP), Air Quality Improvement Plans and Water Conservation Plans }rte 19.09.0990 — Public (Facilities (Finance p lan (PFFP) Contents. review 19.09.91900 Public (Facilities (Finance p lan (PFFP) Preparation.im^' °m° ^ +., +i^., 19.09.1910 Public (Facilities (Finance p lan (PFFP) Review. amend T 19.09.1420 Public Facilities Finance Plan (PFFP) Implementation. )(^°^ +i^^^ anom 19.09.1 -230 Public Facilities Finance Plan (PFFP) Amendment. )(t8RGi9.,^ of pFieF appFeval^ 19.09.1940 Exceptions and Exclusions. QbligatiGR +^ pay f°°^ ^ RStA -11 f-e^ili +i °^ FeQquiFed by aRy 19.09.1450 Extensions of Prior Approvals.'m^' °m°^ +i^^ ^6lid8li^86 19.09.1960 Obliqation to Pay Fees or Install Facilities Required by Any Other Law.Geeasil 19.09. 970 Implementing Procedures. 09.1 80 Council Actions, Fees, Notice.F^^i'i +„ ^ +°, plaR . °f °r °n^° GI^^,,,,,°., +^ 19.090.190 Severability. 19.090.200 Facility Master Plans. 2015 -04 -14 Agenda Packet Page 86 19.09.010 Purpose / +Intent Policies and Findings. A It is th8 nnlinv of Oho pity of Gh, ila Vista t,,-Purpose/Intent The purpose and intent of this chapter is to: 1) Implement the policy framework established by Chula Vista's General Plan for Chula Vista's Growth Management Program; 2) Codify threshold standards desiqned to assure that, as new development occurs, public facilities, infrastructure and services will exist, or concurrently be provided, to meet the demands generated by new development, and service levels to existinq residents will not be reduced: and 3) Establish administration and compliance mechanisms. B. Policies It is the policy of the city of Chula Vista to: 1. PFeyide quality hni king n nrfi initi8G fnr -ell o ontinnc of 4ho n !MMURity� . ®® ®® E s6ippei:t the residential areas of 4h8 pity' EI 2. Assure that individual development projects measure potential impacts upon public facilities, infrastructure and services, and provide a plan for fundinq improvements needed to meet the threshold standards set forth in this ch C qxx 4. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city: 45. Balance the regional housing needs of the R against the public service needs of Chula Vista residents and available fiscal resources, a44d-envi ron mental constraints, wand quality of life considerations; Provide that all development is consistent with the Chula Vista general plan; 2015 -04 -14 Agenda Packet Page 87 97. Provide the City Council the regulatory framework to limit or P-prevent gadditional development - in4ess adeq 4ate-if certain public facilities, infrastructure and servicesim ^r^V8M8Rt° meeting the threshold standards set forth in this chapter are not provided in a timely, phased and logical mannerfas#+er as required by the g.General pElan; 8. Control the timing and location of development by tying the pace of development to the provision efthat public facilities, infrastructure and services ;n, ^r^ °m ° ^ +° +^ conform to the city's threshold standards and to meet the goals and objectives of the gGrowth Management Program; the commercial corridors; 910. Provide that the air quality of the city of Chula Vista standardsimpFeves fFem ° ;6tiRg ^^^d; +;^.,^, 4,IN % 3 2015 -04 -14 Agenda Packet Page 88 1. New development creates incremental demands for public facilities, infrastructure and services provided by the city and other public agencies servinq the area; 2. New development demand for public facilities, infrastructure and services, if not concurrently met with expansion of public facilities, infrastructure and services, would result in facility and service shortages, including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages keep pace with growth. n q* 5. Chula Vista's adopted General Plan includes provisions requiring facilities and services in advance of, or concurrent with,growth. IV J6% 0 36. Prohibiting Pew- limiting development unless adequate public facilities, infrastructure and services are available in advance of, or concurrent¢ with dev q ipmer is consistent with the city's policy to provide housing opportunities for all economic segmentsseeters of the community_, besease G, iffini8Rt „rr,,.+,,.,; +iRS fAF RAY In .,d& i, . Development of housing for low- and moderate - income persons and families would most likely occur in areas of the city thatwh eG# are designated for highest development priority. 47. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities and services t& will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the Fiblic health, safety and welfare of the whole region is enhanced. 4 2015 -04 -14 Agenda Packet Page 89 98. This chapter will further the policies_, ^ als and ^hj°^ +ives set forth above, and Will h°'^ 810MOR^ +° the r„hr^ faGili +„ chGFtag8G ;18^ +ified -ebeye by_ requiring identification for ef-all public facilities, infrastructure and services ;n, ^r^ °m ° ^ +° required fe+-as a result of development,, -- 1b-)�-prohibiting or limiting development until adequate provisions for t4&certain public facilities infrastructure and services ;n, ^r^V°m°^ +° are made within the city, as herein provided,, -.- and 1d)�-giving development priority to areas of the city where public facilities infrastructure and OMPFGV8M8Rtsservices are already in place. (Ord. 2448 § 2, 1991) services to the residents of Chula Vista includinq school districts and water service urve ors.- is 19.09.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended: ® ®® ®®® B. "Available facility and service capacity" shall be determined by the direeter Af Development Services Director, using generally accepted planning standards and criteria, including the threshold standards set forth in this chapter°° + - h4ch°r! he4 :e Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development. �C. "Developed areas of th cit " means those areas of a predominantly urban character where develo ment has already occurred and public facilities, infrastructure and services servinq that development are in place. D. "Development" means any land use, building or other alteration of land and construction incident thereto. E. "Development Services Director" or "Director" means the Director of the city's Development Services Department or their desiqnee. 5 2015 -04 -14 Agenda Packet Page 90 GF. "Discretionary planning approval" means any permit, entitlement or approval issued under the authority of the zoninq and subdivisiontN& titles of the Chula Vista Municipal Code (CVMC), and any legislative actions such as zone changes, gaeneral pElan amendments, &Sectional Planning aArea (SPA) plans or g eneral GDevelopment p lan approvals or amendment_. G. "External public facilities and services" means the threshold standard topics that pertain to facilities and services provided from outside the city, such as schools, water and air quality. "Facilities" means any schools, public safety facilities, infrastructure, civic buildings, s, corporation yards 49r-park/recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a p. ublic (Facilities +r-inance elan. it W I. "Facility Master Plan" means any adopted master plan for future facility needs for services associated with police, fire and emergency services, libraries and parks. €J. "Facility and service capacity" means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard. Im "Growth Management Program Implementation Manual" means a plan prepared and approved according to CVMC 19.09.030, which establishes compliance with the threshold standards, as provided in CVMC 19.09.040 ana649.09.64 Adlsvhh� %r L. "Moratorium" means building permits will not be issued for an area that has been identified as havinq a direct causal relationship to a specified threshold standard failure. City council must make specific findings and follow specific procedures as provided in CVMC 19.09.070. GM. "Project' means the activity for which either an application for a &Sectional p fanning aArea (SPA) plan e+ a Jentative Map (TM), a Conditional Use Permit (CUP), or a similar activity has been or is required to be submitted and which may be subject to discretionary approvals by the city. 0 2015 -04 -14 Agenda Packet Page 91 "Public facilities finance plan (PFFP)" means a project specific p ublic (Facilities (Finance p lan prepared and approved in accordance with CVMC 19.09.0580 through 19.09.130, and Appendix C of the Growth Management Program Implementation Manual. JO. "SPA plan" means a sSectional p fanning sArea plan as prescribe d in CVMC 1 P. "Statement of Concern" means an implementation measure the Growth Management Oversight Commission (GMOC) may issue in its annual report: 1) for an external public facilities and services threshold standard, to hi ,ghli ,ght what action the city can take in order to solve a specified issue and encourage further or additional inter- a ,gency cooperation /coordination. There may also be a recommendation for the issuance of correspondence or a resolution by the city council to the external agency, if the situation so warrants, as determined by the GMOC: or 2) for a threshold standard that is currentiv failina or forecasted to fail. and may include elements dealing with city management and organization, budget p rities, and responsiveness to previous GMOC requests: or 3) in response to an overall or general quality of life consideration, irrespective to whether a particular threshold standard has been exceeded, or if it is a non - ,growth- related issue. It can offer a findina or make recommendations reaardina city manaaement. oraanization and budaet priorities. KQ. "Substantial compliance" means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. (Ord. 2448 § 2, 1991). R_"Quality of life th.echeld- , +-enra-r -G "Threshold standards_3 means those certain standards identified in CVMC 19.09.040 and 19.09.050 specifying the facilities and services required to support the present and future needs of the city. NW C 40*,X suburban arterials with average weekday traffic volumes greater than 20,000 vehicles per day. The TMP shall be based on the current Highway Capacity Manual, as may be amended from time -to -time. The technical analysis shall be conducted annually or as directed by the city council in order to monitor actual traffic operations and to predict future traffic levels and related deterioration in the level of service. T. "Water Conservation Plan" means a project- specific water conservation plan prepared and approved in accordance with CVMC 19.09.080, and Appendix B of the Growth Management Program Implementation Manual. 7 2015 -04 -14 Agenda Packet Page 92 19.09.030 Growth n}Management pErogram Implementation Manual. A. Its are available te s6ipp94 that develepM8Rt, th8 Gity G96IRGOI shall adept, by F86916409R, a gFe;A4h the finanning methed n metheds; felp o nh facility and ; 8n +.The city council shall adopt, by resolution, a Growth Management Program Implementation Manual that specifies how the policies and threshold standards set forth in this chapter are to be implemented, and, in so doing, assure that new development does not occur advance of, or concurrently with, development. B. The garowth 4gWanagement pErogram Implementation Manual wi4shall incorporate and interpret the threshold standards as set forth in this chapter refer sed i ^'` � - 19.0-9.94G. ANL C. The garowth PManagementoprogram Implementation Manual w4shall incorporate, by reference, the adopted facility master plans prepared by certain city departments, and fnr fire n.n +on +inn cnhnnlc libFaFies ^ 011 a;,,;o shall address air quality and e�fiscal issues. D. The garowth PManagement Program Implementation Manual w4shall provide procedures for implementinq any limits on Iding permits established pursuant to CVMC 19.09.070, and address growth- E. The Growth Management Program Implementation Manual shall define the contents of Public Facilities Finance Plans (PFFPs) that are required for all development projects pursuant to CVMC 19.09.080. €F. The city council shall appoint a G[Growth Management eOversight 49Commission (GMOC), and the GMOC shall shA, -ld annually Feview +he g n,^hh m on+ n nA prepare an- Ann, —a4 report and, upon doing 0 2015 -04 -14 Agenda Packet Page 93 so, the GMOC shall submit such report to the planning commission for input and recommendation, and to the city council for their action. G. The city council shallshe, ild annually review and, by resolution, act upon the g rowth - anagement eOversight eCommission's annual report. 2. Priority 2 — Urgent Calls2. Properly equipped and staff police units shall respond to all Priority 2 calls within 12 minutes or less (measured annually).o8°^^^d to 57- P8FG8Rt of "PF;eFity Twe" ,,.,.oRt Galls within seven 0 2015 -04 -14 Agenda Packet Page 94 'Priority 1 — Emergency Calls are life - threateninq calls: felony in progress; probability of injury (crime or accident): robbery or panic alarms: urgent cover calls from officers. Response: Immediate response by two officers from any source or assignment, immediate response by paramedics /fire if injuries are believed to have occurred. 2Priority 2 — Urgent Calls are misdemeanor in progress; possibility of injury: serious non - routine calls (domestic violence or other disturbances with potential for violence): burglar alarms. Response: Immediate response by one or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.) Note: For growth management purposes, response time includes dispatch and travel time to the buildinq or site address, otherwise referred to as "received to arrive." Implementation Measures: 1. Should the GMOC determine that the Priority 1 — Emergency Calls T-threshold &standard is not being satisfiedmet due to growth impacts, then the Gcity Gcouncil shallcan, within 60 days of the GMOC's report, schedule and hold a public hearing to_f ^. + "° ^,,. ^ ^ °° ^f a) consider adopting a moratorium on the (EMS) in the Gcity of Chula Vi sta. Ob e: 4-, Ensure that Fire /EMS staff are properly equipped,- and trained And f, inded-to provide the desired level of service throughout the �_uity. shall brinq a fire and emergency medical services master plan to the city council for their consideration. The master plan shall include provisions for facilities, equipment and deployment. Threshold Standard: Emergency Response: Properly equipped and staffed fire and medical units shall respond to calls throughout the Gcity within 7 minutes in at least 80% of the cases (measured annually). 10 2015 -04 -14 Agenda Packet Page 95 Note: For growth management purposes, response time includes dispatch, turnout and travel time to the buildinq or site address. Implementation Measures: 1. Should the GMOC determine that the T-threshold &standard is not being met due to growth imipa tssatisfied, and the Facility Master Plan milestone targets are not beinq met, then the Scity Gcouncil &4&14can, within 60 days of the GMOC's annual report, schedule and hold a public hearing to a f ^r- ^,,. ^^°^ address the adequacy of the Facility Master Plan. ^ j establichedl and A igh= quality, contemporary library system that -hiA } meets the varied needs of the : #�_— ting libraries at'F=" Street ^wog QraRge Aveaue by providing and operatinq add+t+eaallibrary facilities sufficient to meet the needs of city residents.in the area- ^ ^s+ Af InterstA +^ Facility Master Plan: A minimum of every five years, or whenever an update is needed, the city manager shall brinq a libraries master plan to city council for their consideration. The master plan shall define the 11 2015 -04 -14 Agenda Packet Page 96 adequacy of library facilities and equipment and what constitutes adequate staffinq and appropriate hours of operation, and identify library square footage needs consistent with the threshold standard at build -out. Threshold Standard: PepulatiGR Fatie� 5QQ squaFe feet (gFess) ef adequately equipped and staffed IibFaFy The city shall , faA- ilitioc shall be phased ci inh that the A-ity will not fall below the city -wide ratio of 500 gross square feet (GSFI within 60 days of the GMOC's report, schedule and hold a public hearinq to: a) consider adoptinq a moratorium on the issuance of new buildinq permits: or b) adopt other actiditsufficient to rectify the deficiency(ies). equipment and operatinq hours of library facilities over the past year, current year operation, and anticipated hours of operation. Should the GMOC determine that the libraries are not adequately staffed, equipped, or are not maintaininq appropriate hours of operation, it may issue a Statement of Concern in its annual report. N 0 0 ®® No 0 ®® ®® ®� ®® ®® ®® Goal: To provide a diverse and flexible park system, which meets both the active and passive recreational, needs of the citizens of Chula Vista. Objective: Provide public park and recreational opportunities in a timely manner, implementing a 5 -year master plan, which describes the location, facility improvements and funding program for proposed neighborhood and community parks. 12 2015 -04 -14 Agenda Packet Page 97 Threshold Standard Population ratio: Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of 1 -805. Implementation Measures: Should the GMOC determine that the Threshold Standard is not being satisfied, then the City Council shall formally adopt and fund tactics to bring the park and recreation system into conformance. Construction or other actual solution shall be scheduled to commence within three years. If construction of needed new park and recreation facilities is not started within three years of the deficiency reported by the GMOC, then the City Council shall, within 60 days of the GMOC's report, schedule and hold a public hearing for the purpose of adopting a moratorium on the acceptance of new tentative map applications, based on all of the following criteria: 1. That the moratorium is limited to an area wherein a causal relationship to the problem has been established; and, Is ®® ®® L-01 R-1-7 a ®� 2. That the moratorium provides mitigation measure to a specifically identified impact. AW Should a moratorium be established, the time shall be used to expeditiously prepare specific mitigation measures for adoption, which are intended to bring the condition into conformance. Any such moratorium shall be in effect until construction of the needed new park and recreation facilities has commenced. E. Sewer:144;UQ Goal: To provide a healthful and sanitary sewer collection and disposal system for the residents of the Gcity of Chula Vista consistent with the city's Wastewater Master Plan. Ob ec Individual projects will provide necessary improvements consistent with co,.,o, nn +o, oiaR(G) and-Gcity .zngineering :, tanclarcls. Treatment capacity should be acquired in advance of demand. Threshold Standards: 1. Existinq and projected facility &sewage flows and volumes shall not exceed city engineering standards for the current system and for budgeted improvements, as set forth in the &Subdivision Manual. 13 2015 -04 -14 Agenda Packet Page 98 2. The city shall annually ensure adequate contracted capacity in e-the San Diego Metropolitan Sewer Authority or other means sufficient to meet the projected needs of development. � ^,M +h a 12 +e , Q McRth depaFtM8Rt staff shall gather then i data Implementation Measures: IN 1. The city engineering department shall annually gather and provide the followinq information to the GMOC: adept a ferrv.-el "Statement f (`enn ' +h' '+ I 4 h °C +-e+ +" e riff, G9 innil +e en}eat- �r- �,oe�r�;�s -aTep� ��en}ea��e absorb forecasted growth over the next five years; c. Evaluation of funding and site availability for budgeted and projected new facilities; and d. Other relevant information. 2. Should the GMOC determine that a potential problem exists with meetinq the projected needs of development with respect to sewer, it may issue a Statement of Concern in its annual report. NhL G�ewer. err. Drainage. Goal: To provide a safe and efficient storm water drainage system to protect residents and property in the Gcity of Chula Vista. 14 2015 -04 -14 Agenda Packet Page 99 Objective: Individual projects will provide necessary improvements consistent with the DFaiR^^^ Master D a d -current Gcity €engineering tandards and local, state and federal regulations. Threshold Standards: 1. Storm water flows and volumes shall not exceed city engineering standards and shall comply with current local, state and federal regulations, as set f, r+h ;^ the ^„h �;.,,^, ^. ,, . ,, ^d^^ +^d by ^, +„ ^^i in^ll R81,69- We 11175 ,.n FebF aFy 23 1993 as may be amended from time to time. 2. The GMOC shall annually review the performance of the city's storm drain systemSwith nect the impacts of new development, to determine its ability to meet the goalti and objectives for drainageabeve. Implementation Measures: 1. Should the GMOC determine that the T-threshold &standards +&are r4FbbTfYftet&4ff4imed, with respect to new development, then the Gcity #aad ast+es -9 bring the storm drain system into conformance. Construction or other actual solution shall be scheduled to commence within three years. 2. Should the GMOC determine that the thresholdWandard is not beina met. with respect to existin Chula Vista. 2 Te ^c +-ehlosh ^ eFf ^.w,^.,^^ ,, ^. + w,^ +hGdGI gY 8R-Ming +h^ G; +„ Jo accurately determine existing and projected levels of service (LOS) for motorists, using the Highway Capacity Manual (HCM) performance measurement methodology. 3. To recognize the unique nature of urbanizinq neighborhoods as destinations, and to establish a commensurate street classification and LOS threshold that encourages alternative modes of transportation, such as public transit, bikinq and walking. 15 2015 -04 -14 Agenda Packet Page 100 4. To def0nLQmaintain a level of service value that represents hi ^a- �rr quality -an acceptable level of traffic flow under constrained operating conditions during peak periods of traffic activity. growth and maintain+4g acceptable levels of service (LQS). NO — 2. Plan, desiqn and construct new roadway segments and signalized intersections to maintain acceptable LOS standards at build -out of the General Plan's "Land Use and Transportation Element ". Bikeway Master Plan and Pedestrian Master Plan. Threshold Standards: Mor 1. Arterial Level of Service (ALOS) for Non -Urban Streets: G#y-wkie —Those Traffic Monitoring Program (TMP1 roadway segments classified as other than Urban Streets in the "Land Use and Transportation Element" of the city's General Plan shall AAmaintain LOS "C" or better as measured by observed average travel speed on a4 SigRalized arterial those segments; except, that during peak hours LOS "D" can occur for no more than two ho 2. "Land Use and Transportation Element" of the city's General Plan shall maintain LOS "D" or better, as measured by observed or predicted average travel speed, except that during peak hours, LOS "E" can occur for no more than two hours per day. Inof of Infarsfa +° Qn eSe SigRalized ;. + °.° +;°. ° ,n,hinh d° net ,,°°+ Notes to Standards. a1. Arterial egment LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations. 16 2015 -04 -14 Agenda Packet Page 101 c 48 -phi i44inn r er4�i 48 -phi ittiRg r 814086 06 ImMitAd e3. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards. %"AN f4. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in GhapteF „ of the 1995 he most recent Highway Capacity Manual (HCM) and shall be confirmed by the city's traffic engineer. 45. Level of service values for arterial segments shall be based on the HCM. . 17 2015 -04 -14 Agenda Packet Page 102 Level .J of Seeryir... A. eFa a T -Fay.J Speed /r..r.h\ I CIA';I; 2 c4a&S4 A >-95 >-30 >--2- >-24 >49 r— >-2-2 >49 >49 9 >44 >-9 4-44 44-G hearing for the purpos to consider adopting a moratorium on the acceptance of new building 2. The GMOC may issue a Statement of CofflWi in its annual report if it determines that the threshold standard will likely not be met within three years, due to growth impacts. 3. The Department of Public Works shall annually report on progress made in implementing construction of facilities listed in the Bikeway Master Plan, Pedestrian Master Plan, the Transportation Development Impact Fee Program (TDIF), and the Western TDIF. =-. M 18 2015 -04 -14 Agenda Packet Page 103 Monitorinq Methodology 1. Identify all Traffic Monitorinq Program (TMP) corridors and classify accordinq to the latest Hiqhwav Capacity Manual (HCM) methodology. Typically, a TMP roadway is four lanes with a volume of 16,500 trips and at least one mile and a half in lenqth. If the Average Daily Trip (ADT) -based level of service is "C" or worse on a street segment located within a city TMP corridor, then the city shall consider period measurement, and a two -hour PM peak period measurement. 4. Any speed collection and volume data methodology that utilizes the latest technology consistent with HCM iprotocol can be used in obtaininq arterial LOS subJW to approval by the city's traffic engineer. KH. Fiscal. Goal: To pFevide land uses and activities that enerate an ade a tax and revenue base that meets WhiGh,=aepeRd4e the economic needs of the residents a444of -the Gcity of Chula Vista, with new project development providinq self - financinq of capital projects. Objectives: capital improvement costs and revenues. and timely use of such funds. 3. NXitor and update the effectiveness of various public facility master plans to ensure adequate funding will be available to meet the demands of growth. 1is- 19 2015 -04 -14 Agenda Packet Page 104 Threshold Standards: 1. Fiscal Impact Analyses and Public Facilities Financinq Plans, at the time they are adopted, shall ensure that new development generates sufficient revenue to offset the cost of providinq municipal services and facilities to that development. 2. The city shall establish and maintain, at sufficient levels to ensure the timely delivery of infrastructure and services needed to support growth, consistent with the threshold standards, a Development Impact Fee, capital improvement funding, and other necessary fundinq programs or mechanisms. new development requiring the preparation of a SPA plan, or equivalent, pursuant to CVMC 19.09.040 and 19.48, contribute to the city's fiscal well -beinq by erating revenues and related economic activity that, at a minimum, offset the cost of providinq municipal services for the new development. 2. The GMOC shall be provided with an annual fiscal impact report which hat provides an evaluation of the impacts of growth on the city, - in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12 -month period, as well as projected growth over the next 12 to I A MGRth period and f^V° t9 68V8^5-year period. loo® EW The GMOC shall be provided with an annual "development impact fee report," which provides an analysis of development impact fees collected and expended over the previous 12 -month period and projected for expenditure for projects included within the DIF programs. 19.09.050 Threshold Standards for External Facilities and Services. JA. Air Quality and Climate Protection. Goal: To maintain and improve the ambient air quality enjoyed by the Ritizens residents of Chula Vista. 20 2015 -04 -14 Agenda Packet Page 105 Objectives: 1 00naGnKnnpim n that aiF quality ilslsue �nihinh needs; +„ be addressed In an effort to address the impacts of transportation and building- related energy use at both the regional and local level, the Gcity shall endeavor to implement applicable air quality improvement strategies and programs that meet or exceed those established through the currently adopted Regional Air Quality Strategy (RAQS), California's Global Warming Solutions Act of 2006 (AB32), and the Chula Vista Climate Protection Program and tho RAnts s bsegiion+ OMP18M8Rtati n measuFes. jh� %4w 2. In an effort to maintain and improve ambient air quality, the city shall endeavor to locally mitigate any new stationary source development project's criteria air pollutant emissions that exceed local air quality standards. Threshold Standard: rJor X The city shall pursue a greenhouse gas emissions reduction target consistent with appropriate city climate change and energy efficiency regulations in effect at the time of project application for SPA plans or for the b. Commercial projects of 12 or more acres (or equivalent square footage); C. Industrial projects of 24 or more acres (or equivalent square footage); or 21 2015 -04 -14 Agenda Packet Page 106 Implementation Measures: 1. In order to determine compliance with the air quality and climate protection threshold standard, city staff shall provide the GMOC with an annual report that evaluates the city's progress toward adherence with report shall include the followinq: W-JI'M compliance levels and proaress towards meetina the air aualitv and climate protection threshold standard meetinq or furtherinq the air quality and climate protection threshold standard, includinq the city's most recent ,greenhouse gas emissions inventory. 40 2. After T-the city s a44- prepares an annual evaluation report, it shall provide a copy of thesa4 report to the aAir p ollution sControl dDistrict (APCD) for its responserevie� ^, and ^ °mm° ^4 ,, ''^ ",- e The APCD s4a4should provide the city with a report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the "Regional aAir Quality trategy and related federal and state programs, and the effect of those efforts /programs on the city of Chula Vista and local planning and development activities. IML 3. Should the GMOC determine that a deficiency p9t8Rtially seFieus pFeblem exists with respect to any of the above air quality and climate Drotection implementation measures iM M8Rt °ffG_ 4c at either t#_- localL er regionals or both, it may adeo ssue a fermal"Statement of Concern" wi##in its annual report. a 22 2015 -04 -14 Agenda Packet Page 107 B. Schools Goal: To ensure that the Chula Vista Elementary School District CV( ESD) and Sweetwater Union High School District SU( HSD) have the necessary school sites, infrastructure and funding mechanisms to meet the needs of students in new development areas in a timely manner. Objective: Provide school district personnel with current development forecasts so that they may plan and implement school building and /or allocation programs in a timely manner. Facility Master Plan: The GMOC will request updates of the school districts' facility master plans or accommodation. Threshold Standard: M 0 NONE 0 0 im The city shall annually provide the Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) with the city's annual 5 -year residential growth 12 +„ , Q ,,.GRth d8V8l9PM8Rt forecast and request an evaluation of their ability to accommodate t#_—forecast And RAnton., growth, both citywide and by subarea. The distriAts' rReplies from the school districts should address the following: 0 1. Amount of current classroom and "essential facility" (as defined in the Facility Master Plan) capacity now used or . -. 2. Ability to absorb forecast -H growth in affected facilities and identification of what facilities need to be 3. Evaluation of funding and site availability for projected new facilities identified; and W 4. Other relevant information the school district(s) desire(s) to communicate to the city and th_g rowth Management eOversight GCommission (GMOC). 23 2015 -04 -14 Agenda Packet Page 108 Implementation Measure: Should the GMOC determine that a ^^+°^+i^" y seFieus2qpacity problem exists with respect to physically accommodating students, either currently or within the next five years, seheels, it may Lssuea4W a fermal "Statement of Concern" wi44in its annual report. The annual report shall be provided to both school districts, with follow -up, to assure appropriate response.S�_.h A- F8q6IiF8G th8 Gity G°,,.,^;I +° ^°.,qtr C. Water planned growth. 2. Ensure that water quality standards requirements are met ^ ^+ ° ^ ^^rdize' during growth and construction 3. Encouraae diversification of water supply. conservation and use of recvcled water where appropriate and DeyelepeF will Fequest ^^d +^ the Gcity with a service availability letter from the appropriate Wwater 9district for each project. {P-} IW 2. The Gcity shall annually provide the San Diego County Water Authority, the Sweetwater Authority and the Otay Municipal Water District with the city's annual 5 -year residential growth.;-; 12 +^ I Q m^^ +h d8V8l^ ^w, °. t forecast and request that they provide an evaluation of their ability to accommodate t#_- forecasted a444 growth. The DistriAts' Replies should address the following: a. Water availability to the Gcity and D1^^^i^^ "r°^ considering both short- and long -term perspectives. 2015 -04 -14 Agenda Packet 24 Page 109 b. Identify current and projected demand, and the Aamount of current capacity, including storage capacity, now used or committed. C. Ability of current and proiectedaf�ed facilities to absorb forecasted growth. d. Evaluation of funding and site availability for projected new facilities. 0 6. AxMfand.M.8Rts a^d plementa'�t -Q&49 a -These standards may be amended from time to time on approval by the city council. (Ord. 2860 §§ 1, 2, 2002; Ord. 2859 § 1, 2002; Ord. 2748 § 3, 1999; Ord. 2486 § 1, 1991; Ord. 2448 § 2, 1991). 19.09.070 Moratorium on Building Permits Allowed A. Imposinq Temporary Limits on Buildinq Permits residential development after makinq specific findings as to the health, safety and welfare concerns of continued development, as set forth in "B" below. 25 2015 -04 -14 Agenda Packet Page 110 B. Findings Required Prior to adoptinq an ordinance imposinq a limit on buildinq permits, the city council shall consider makinq one or more of the followinq findings: 1. That continued development will make it unlikely for the intent of the Growth Management Program to be achieved, as expressed by the "Growth Management Element" of the General Plan and this chapter. W health, safety and welfare in the city of Chula Vista. services to all its residents. C. Procedures for Implementinq Limits on Buildinq Permits. 40%% adopt an ordinance that specifies: 1. Area where the moratorium applies; 2. Duration of the moratorium when it begins and e 3. Any exemptions or exceptions or conditions. These shall be consistent with the overall objectives of the city action and broader land use policy. Exemptions could include "affordable" housinq units (units sold or rented at below market rates to meet the city's Housinq Element requirements). Exceptions might include units that have been allocated as part of a separate agreement (e.q., a development agreement); 4. Any conditions that would allow the moratorium to be lifted prematurely: and 5. How the buildin ermits shall be allocated. 19.09. 0 Requirement for pEublic #Facilities #Finance pRians P( FFP), aAir q.Quality +Improvement palans,...and wWater GConservation pPlans ........................................................................................ ............................... A. Public Facilities Financing Plans. No application for a SPA plan, or, if an SPA plan is not required, no application for a Jentative Map, shall be deemed complete or accepted for review unless: 1. It is accompanied by a PFFP which has been approved by the city; or 26 2015 -04 -14 Agenda Packet Page 111 2. A PFFP wh eG# that includes the project has already been initiated; or 3. The applicant initiates the preparation of a PFFP. The PFFP may be waived by the city council upon a showing that there are no public ePiee- facilities infrastructure and servicey 9F needs warranting the preparation of a PFFP. B. Air Quality Improvement Plans. No application for as SPA plan, or, if an SPA plan is not required, no application for a entative Map, shall be deemed complete or accepted for review unless: MM" 1W , ON 1. It is accompanied by an aAir q uality +Improvement p. Elan whiAh hat has been approved by the city; or 2. An aAir G[Quality +. mprovement Plan w#+ef_ that includes the project has already been initiated; or 3. The applicant initiates the preparation of an aAir G[Quality mprovement Ian in such form and /or containing such information, including maps, drawings, diagrams, etc., as the city d+reeter of Development Services Director shall require. The required contents of an Air Quality Improvement Plan are outlined in Appendix A of the city's Growth Management Implementation Manual, as may be amended from time to time. C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a entative ap, shall be deemed complete or accepted for review unless: such information, including maps, drawings, diagrams, etc., as the city d+reeter of Development Services DirectoEpIaRRiRg and buildiRg shall require. The required contents of a Water Conservation Plan are outlined in Appendix B of the city's Growth Management Implementation Manual, as may be amended from time to time. D. No SPA plan, nor any Jentative salad+vis+en mmap, shall be approved, or deemed approved, without an approved PFFP, an approved aAir G[Quality +Improvement p lan and an approved wWater eConservation p lan. To provide consistency and implementation of said plans, the city council may impose any condition to 27 2015 -04 -14 Agenda Packet Page 112 the approval of a SPA plan or Jentative °w iladivismen mMap necessary to implement the PFFP, the it G[Quality +Improvement Plan, the wWater eConservation Plan, the g rowth Management € rogram, or the master Facility Master p fans. E. No #Final Map shall be approved until all the conditions of the PFFP, the Air Quality Improvement Plan and the wWater GConservation Plan and the a;r quality plan have been met, or the project applicant has provided adequate security to the city that said plans will be implemented. F. No other discretionary planning approvals shall be granted unless the city council finds that the project is consistent with an approved PFFP, an aAir G[Quality +Improvement p lan, and a wWater eConservation p lan. G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the aAir G[Quality +Improvement Plan and the wWater eConservation Plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council, have first been paid or provision for their payment has been made to the satisfaction of the city council. H. No development shall occur in a PFFP area if the demand for any public facilities, infrastructure and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless the means, schedule and financing for increasing the capacity +care established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the city's phasing schedule. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.0690 Public fa €Finance -PPlan PPFFP) GContents. A. The required c& nts of a Public Facilities Finance Plan A4(PFFP), including a fiscal impact analysis, are project and the project shall be conditioned to provide fundinq for periods where expenditures exceed projected revenues. plans and the throcheld- ,StAndArds 28 2015 -04 -14 Agenda Packet Page 113 1. 2- e,V;cc° 'areas, F draonage 9F sea/yeF b- as FFio�,h OR—h seP�etne- pFsiesr 1*�� NONE ® ® ®0 ®® EN ® ®� 0 ®� Apo, al diis +.m,.+ e Ir ® ® ® ® ®® ® ®® ® ® ® ® ®® Page 114 11. G9Fp9FatiGR yaFds. Is 30 2015 -04 -14 Agenda Packet Page 115 4'mohi maRR8F. J"% 10 31 2015 -04 -14 Agenda Packet Page 116 PFGj8Gt8d n nn4ri in4inn r! A4916 fnr nAid fAnili4ioc N4,% distrOR-ts req6iested by the develepeF shall Ret be give y4 nrl i4innn nn the a al of tho r ono by 4h8 pity G961 nil %&'W®®® ■- d8V8lGPM8Rt. 'z'27g9, 1 999� QFd.z'2449 § 2, 1991 T 19.09.97100 Public €Facile €Finance -PPlan PP FP pPreparation. ....... ;............ .......... ....... ....................................................... ............................... A. A PFFP, an aAir -Duality ''mprovement p lan, and a wWater eConservation Plan may be processed concurrently with the SPA plan or entative Map. B. A PFFP may be initiated by filing an application with the d+rester of Development Services DirectorplaRRORg and buildiRg. The applicant shall pay a deposit at the time any application for a PFFP is accepted. C. A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the procedures established by this chapter. 32 2015 -04 -14 Agenda Packet Page 117 D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 § 2, 1991). 19.09.08110 Public €Facilities €Finance -PPlan PFFPReview ............................................ ............................... A. PFFPs shall be reviewed according to the following procedure: 1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by city council resolution, may be submitted to the d+rester of DevelO m L.. "cervices Director for processing. If the d+rester Af Develoipment Services ector determines that the plan complies with the provisions of this chapter, the dDirector shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan. 2. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing. M-1-1.0"M-0-0i 3. The planning commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the city council. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant. Me- 4. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of CVMC 19.12.070. 5. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve, or deny the plans. The city council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city ordinances in order to implement the rowth anagement Program, the facility master plans and the PFFP. 19.09.00120 Public €Facilities €Finance -pPlan P�FFP +Implementation. A. The Gity maRageF Development Services Director °ha" M. .R49 -F +ho d8V8IGPM8Rt tiVit„ fGF o ^hshall ensure that PFFPs are prepared for all SPA plans and Tentative Maps, or equivalent projects pursuant to CVMC 33 2015 -04 -14 Agenda Packet Page 118 19.48. , Gh B. In the event that the Gity Services Director or his designee finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer sha4Tay be deemed to be in designation or any particular development proposal. gFe;A4h m nt n ght GGMMOSSOGR aRR6ial r er4 GB. If the ^der Development Services Director, pursuant to CVMC 19.09.110, determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, then development shall cease or be metered until a remedy is imiplemente d +h° Gity w,.,.,ageF shall immediately rG14 tho d8fini8nn„ +„ +ho Gity nail If the Gity ee4eG4 Development Services Director determines that such events or changed circumstances adversely affect the health, safety or welfare of the city, the city may require the amendment, modification, suspension, or termination (hereinafter "change ") of an approved PFFP. If the city requires such change, the city shall (1) give notice to applicant or owner of (a) the city's intended action to change the PFFP, and (b) the reasons and factual basis for the city's determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the city shall find that (i) the circumstances were unknown or that the circumstances have changed; and (ii) the health, safety or welfare of the community require the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property. If, after notice and hearing, the council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area and development shall cease until an amendment to the applicable PFFP which mitigatinn es the deficiency is approved by the city council. 34 2015 -04 -14 Agenda Packet Page 119 The city council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. (Ord. 2448 § 2, 1991). 19.09.1x-40 Exceptions and eExclusions. .............................. . ..................................... ............................... ................................................................................................ ............................................................................................ ............................... A. Exceptions. Nothinq in this chapter shall alter or amend the terms and conditions of any development agreement entered into between the city and a developer. oil ®® -T- - - - - - - - - - - - - - - - - - imm ■_ GB. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the city has authority to regulate such development projects, such projects shall not be exempt. For example, any private development occurrinq on land leased from a public agency would not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. (Ord. 2448 § 2, 1991). 19.09.1250 Extensions ... of pPrior aApprovals ........................................................................................................................................ ............................... After approval of an applicable PFFP for a development project, an extension of the expiration date of a Jentative si iladivismen mmap may only be granted if the project is in conformance with the PFFP and the g rowth Management p rogram. The extension may be conditioned on such matters as the city deems 35 2015 -04 -14 Agenda Packet Page 120 p4s#aippropriate or necessary to make the Tentative Map conform to the PFFP and the Growth Management Program, including, but not limited to, requiring the developer to submit any information, studies, plans and diagrams to show compliance with the applicable PFFP (Ord. 2448 § 2, 1991). 19.09.1360 Obligation to jaPay €Fees or +Install €Facilities r-Required by aAny GOther €Law. Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any city council policy. (Ord. 2448 § 2, 1991). The city council may adopt any iprocecluLres it deems necessary to implement this chapter, including procedures for administering the a-g rowth rRManagement p rogram or waste- facility master plans. (Ord. 2448 § 2, 1991). 19.09.1860 Council aActions,..€ Fees, -nNotice........ A. Whenever this chapter requires or permits an action or decision of the city council, that action or decision shall be accomplished by resolution and /or ordinance, as appropriate. B. The city council shall establish application and processing fees for the submission and processing of Public #Facilities financing Plans P( FFPs). C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 2448 § 2, 1991). L4, ®® 19.09.1690 Severabilit, 19.09.4-7200 Facility mMaster Plans pefepenne loan -mPntc The city shall maintain a series of facility master plans, as may be amended from time to time, for infrastructure and services throughout the city that regard the threshold standards in this chapter, including, but not limited to, 36 2015 -04 -14 Agenda Packet Page 121 police, fire and emergency services, libraries, parks and recreation, wastewater, drainage and circulation. In anticipation of service demands, these master plans shall contain an analysis of existinq facilities, existinq and projected demand, and proposed maintenance and capital improvement projects. They shall also identify financinq plans to accomplish identified improvements. €. Sevver: " S+ t.f rhula Vista- n�n-ster�olaR -" - dat ediuly T1�� 1999. M. ®mom ... Mill FA j -00000 ®No r""''cr`v�- rsFa�TFaR •+-,s rc ti())R °Phas+Rg Pla., " al date p8Rad,�iRg. 37 2015 -04 -14 Agenda Packet 0 Page 122 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) WHEREAS, in response to growth and in anticipation of additional growth in Chula Vista, the City Council adopted the Threshold Standards and Growth Management Oversight Committee Policy in 1987 and the Growth Management Program and "Growth Management" ordinance in 1991; and WHEREAS, in 2003 the City Council, in response to a growth boom that began in 1999, requested that a comprehensive review of the "Growth Management" ordinance and threshold standards be conducted to make certain that they worked "in today's world "; and WHEREAS, in 2004 a white paper with observations and suggestions to explore updates to the "Growth Management" ordinance and threshold standards, was presented to Council, and Council accepted the white paper, authorizing a work program for undertaking a "top -to- bottom" review and the preparation of resultant revisions to the City's Growth Management Program provisions; and WHEREAS, subsequent to Council authorization, a consultant and City staff prepared a draft "Growth Management" ordinance update; and WHEREAS, the Growth Management Oversight Commission (GMOC) participated in discussions with the consultant and City staff in revising the "Growth Management" ordinance; and WHEREAS, various GMOC annual reports since 2005 have recommended changes to the "Growth Management" ordinance and threshold standards; and WHEREAS, on October 22, 2014, the GMOC reviewed and accepted the final proposed revisions to the "Growth Management" ordinance; and WHEREAS, the Director of Development Services set a hearing before the Planning Commission for the consideration of and recommendation on changes to the "Growth Management" ordinance. Notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on November 12, 2014 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning Commission of the City of Chula Vista to receive the recommendation of City staff and to hear public testimony with regards to the proposal, and the hearing was thereafter closed; and 1 2015 -04 -14 Agenda Packet Page 123 SECOND READING AND ADOPTION WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to the "Growth Management" ordinance; and WHEREAS, the Planning Commission did find and determine that the proposed ordinance is consistent with the City of Chula Vista General Plan and local, state, and federal law, and that the public necessity, convenience, general welfare and good zoning practice support the requests; and WHEREAS, the Planning Commission, after considering all evidence and testimony presented, recommended by a vote of 5 -0 -0 -2 that the City of Chula Vista City Council approve the revisions to the "Growth Management" ordinance; and WHEREAS, a hearing time and place was set by the City Council of the City of Chula Vista for consideration of the proposal and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City at least ten 10 days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held at the time and place as advertised on January 13, 2015 at 2:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the City Council to receive the recommendation of City staff and to hear public testimony with regards to the proposal; and WHEREAS, the hearing was continued to January 27 and then to February 17, 2015 at 6:00 p.m. with regards to the proposal, and the hearing was thereafter closed. NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and determine as follows: Section I: Environmental That the City Council has reviewed the proposed activity for compliance with the California Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Section II: General Plan That the proposed changes to the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code) are consistent with the elements of the City's General Plan. Section III. Adoption The City Council does hereby approve the Ordinance that would amend the "Growth Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code). K 2015 -04 -14 Agenda Packet Page 124 SECOND READING AND ADOPTION Section 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. Section 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. Section VI. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section 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 Glen R. Googins Development Services Director City Attorney 3 2015 -04 -14 Agenda Packet Page 125 SECOND READING AND ADOPTION PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary Casillas Salas, Mayor ATTEST: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. had its first reading at a regular meeting held on the 17d' day of February, 2015 and its second reading and adoption at a regular meeting of said City Council held on the 3rd day of March, 2015; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 3rd day of March, 2015. Donna R. Norris, CMC, City Clerk rd 2015 -04 -14 Agenda Packet Page 126 CITY OF CHULA VISTA File #: 15 -0102, Item #: 5. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA, INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT (Continued from March 17, 2015) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On March 13, 2013 Council approved a Security Agreement for the Lake Pointe (the "Project ") in Eastlake III in order to establish methods of compliance for their Affordable Housing Obligation. Tonight's action will approve a Regulatory Agreement between the City and Lennar Homes of California Inc. (the "Developer ") in compliance with the Security Agreement. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only the approval of an agreement for implementation of a development project that has already been approved; 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 Balanced Communities Policy ( "Inclusionary Housing ") requires the provision of housing for all economic groups and distribution of affordable housing throughout the City. The City requires 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate - income families (5% low and 5% moderate). The primary objective of this policy is to increase affordable housing opportunities in the new master planned communities in the eastern part of the City. Lake Pointe Inclusionary Housing Obligation On March 13, 2013, an Agreement to Post Security ( "Security ") was approved for the Lake Pointe project located at Olympic Parkway and Wueste Road in eastern Chula Vista. Based on a total of two hundred twenty -one (221) residential housing units, currently allowed for the Project, the City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 3 Printed on 4/9/2015 powered by LegistarT"^ Page 127 File #: 15 -0102, Item #: 5. developer has a 22.1 unit Affordable Housing Obligation (11.05 units for low and 11.05 moderate - income households). The Agreement to Post Security provided alternative methods of compliance to meet the obligation including Section 1.2.b which the developer is choosing to exercise: Constructing 11 Affordable Units (11 units of Moderate Income) within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval, which shall not be unreasonably withheld, and the payment to the City in the amount of $1,378,842 (11.1 units), which payment shall be placed in the Inclusionary Housing Fund. Accordingly, City staff is recommending that the City and Lennar Housing of California Inc. enter into the "Affordable Housing Regulatory Agreement" (the "Agreement" see Attachment 1) in fulfillment of Section 2.1.d.1 of the Security, which requires "within two years of posting of the bond, Developer shall enter into a regulatory agreement with the City that identifies specific terms and conditions related to the construction of the Units ". Once the Agreement has been recorded on each the eleven designated moderate units and the Developer has paid the in -lieu fee of $1,378,842 for 11.1 units for low- income households, the Security shall be released. The Security has been entered in to through June 2016 with a potential extension for an additional two years. It is unknown when the in -lieu fee payment of $1,378,842 will be paid by the Developer during this period; however upon payment these funds will be placed into the Inclusionary Housing Fund for future affordable housing production. For -Sale Housing Policy Waiver On December 9, 2003, City Council Policy No. 435 -02 was approved establishing guidelines for for - sale housing to low- and moderate - income first -time homebuyer households. These guidelines establish the City's Silent Second Loan (gap between the Affordable Sales Price and the Market Rate Price) and the restricting documents to be recorded on the first -time buyer household. Based upon industry standards for financing through the Federal Housing Administration ( "FHA ") and Department of Veterans Affairs ( "VA "), staff is recommending the equity share for this project be altered and based on the percent of the City's Silent Second Loan to the initial Market Rate Price of the home (i.e. if upon initial purchase the market price is $350,000 and City's Silent Second Loan is $50,000, the equity share for the City would be $50,000/$350,000 = 14 %), as reflected in substantial form in the Agreement's First -Time Homebuyer documents, Exhibits B -D. Staff will bring forward proposed changes to reflect updated industry standards for Policy 435 -02 in the future. 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 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 development and City of Chula Vista Page 2 of 3 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 128 File #: 15 -0102, Item #: 5. provision of quality for -sale affordable housing for moderate income households 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 and the Connected Community goals as it provides housing to meet residents' needs and priorities. CURRENT YEAR FISCAL IMPACT The developer has paid all costs associated with the processing of the Affordable Housing Agreement. No financial assistance and or incentives are required from the City of Chula Vista. Staff support costs are budgeted in the personnel portion of the Housing Authority budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Staff support costs associated with the ongoing monitoring for compliance with the regulatory restrictions and administration of the Declaration are budgeted in the personnel portion of the Housing Authority budget. ATTACHMENTS 1. Lake Pointe Affordable Housing Regulatory Agreement Staff Contact: Stacey Kurz, Senior Project Coordinator Housing Division, Development Services Department City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 129 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 Glen R. Googins City Attorney Dated: 3- I J - /,hr- AFFORDABLE HOUSING REGLUATORY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LENNAR HOMES OF CALIFORNIA, INC. 2015 -04 -14 Agenda Packet Page 130 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attn: Housing Manager No fee for recording pursuant to Government Code Section 27383 (Space above for Recorder's Use) AFFORDABLE HOUSING REGULATORY AGREEMENT THIS AFFORDABLE HOUSING REGULATORY AGREEMENT (this "Agreement ") is entered into as of March 10, 2015, between the CITY OF CHULA VISTA, a municipal corporation ( "City "), and LENNAR HOMES OF CALIFORNIA, INC., a California corporation ('Developer ") and /or its successors or assignees. ARTICLE I - Recitals 1.1 Authority. The City is a municipal corporation, organized and existing under the laws of the State of California. City is authorized to enter into binding agreements for the purpose of protecting public health, safety, and welfare. 1.2 Developer. Developer is the legal owner of the fee title to the real property which is described in the attached Exhibit "A ", which is hereby incorporated herein (the "Real Property "). The Real Property will be a condominium project established pursuant to Section 1350, et seq. of the California Civil Code. 1.3 Project. Developer proposes to construct a multifamily housing project (the "Project ") with 221 town home styled condominiums. Each condominium dwelling unit in the Project is referred to as a "Unit" in this Agreement. The Project will consist of eleven (11) Units affordable to Moderate Income Buyers, with the remaining two hundred ten (2 10) Units unrestricted in any manner by this Agreement. The two hundred ten (2 10) unrestricted Units are referred to as the "Unrestricted Units ". Developer shall not be bound by any provisions contained hereinbelow with respect to the Unrestricted Units. 1.4 Implementation of City Council Resolution 2013 -046. This Agreement is intended to meet a requirement of City Council Resolution 2013 -046 and the Agreement to Post Security previously entered into between Developer and the City on March I3, 2013, Section 2.1.d.1 which requires within two years of posting of the bond, Developer enters into a Regulatory Agreement restricting Units. The parties intend that this Agreement constitute the agreement referred to in City Council Resolution 2013.046 and the Regulatory Agreement described in this Section 1.4. The remaining in -lieu fee obligation of $1,378,842 (11.1 units), shall be placed into the City's Inclusionary Housing Fund in order to satisfy Section 1.2.b. of the Agreement to Post Security. 1.5 Implementation of City Council Policy No. 453 -02. This Agreement is also intended to implement City Council Policy No. 453 -02, "Development of Affordable For Sale Housing for Low- and Moderate- Incorne Buyers ", which became effective on December 9, 2003. 2015 -04 -14 Agenda Packet Page 131 1.6 Binding On Successive Owners. Pursuant to California Govermnent Code Section 2728 1.5, the parties intend that this Agreement constitute ail encumbrance against the Real Property (other than the Unrestricted Units) which, during the Term of this Agreement, is binding on the owners and successive owners of the Real Property (other than the Unrestricted Units) for the benefit of the City. NOW THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOLLOWS: ARTICLE 2 - Definitions The following definitions apply for purposes of this Agreement: 2.1 "Affordable Unit" means a Moderate Income Unit. 2.2 "Area Median Income" means the latest median income from time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area, and as established by regulation of the State of California pursuant to Health and Safety Code Section 50093. 2.3 "Buyer - Elected Options and Upgrades" means options and upgrades included in a Unittliat are not included within the plans and specifications for standard production Units and that are paid for in cash by the buyer. 2.4 "Buyer- Qualified Interest Rate" means the interest rate a buyer qualifies for and obtains under a loan, the proceeds of which are used to purchase the Affordable Unit. 2.5 " Homeowner's Regulatory Agreement" shall refer to the covenants that fun with the land to regulate and restrict the occupancy and ownership of the qualifying household. The form ofthe Homeowner's Regulatory Agreement shall be in substantial form to the approved First -Time Homebuyer Regulatory Agreement, as provided in Exhibit `B ". 2.6 "Market Rate Price(s)" shall be as described in Section 3.2 below. 2.7 "Moderate Income Affordable Sales Price" shall be a price set by the City, as more particularly described in Sections 3.3.2 and 3.8. 2.8 "Moderate Income Buyers" means individuals or families with an income which does not exceed one hundred twenty percent (120 %) of the Area Median Income, as adjusted for household size pursuant to Exhibit B attached hereto; provided, however, all income from members of the household who are under the age of twenty - three (23) years old and are full -time students, upon submission to the City of sufficient verification thereof, shall be excluded from the calculation of a Moderate Income Buyer's income. 2.9 "Moderate Income Unit" means any of the eleven (11) Units which shall be sold by Developer to and initially occupied by a Moderate Income Buyer. 2.10 "Monthly Housing Cost" means the sum of monthly payments for all of the following with respect to a Moderate Income Unit: 2. 10.1 Principal and interest, amortized over thirty (30) years, at the then current fixed interest rate, payable under the First Trust Deed Loan (as defined below), which is used to acquire an Affordable Unit; 2 2015 -04 -14 Agenda Packet Page 132 2.10.2 Any special tax district assessments, Mello -Roos special taxes, prorated monthly, which apply to the Affordable Unit; 2.10.3 The monthly homeowners' association regular assessments which apply to the Affordable Unit; 2.10.4 A monthly utility allowance based on the City approved utility schedule; and 2.10.5 A reasonable allowance for real estate taxes and insurance not included in the above costs, prorated monthly. 2.11 "Mortgage Amount" shall be as described in Sections 3.3.1. 2.12 "Silent Second Note" shall refer to the promissory note made by a Moderate Income Buyer in favor of the City which is equal to the difference between the Market Rate Price and the Moderate Income Affordable Sales Price of a Moderate Income Unit. The form of the Silent Second Note shall be insubstantial form to the approved First -Time Homebuyer Program Silent Second Note, as provided in Exhibit "C ". 2.13 "Silent Second Trust Deed" shall refer to a deed of trust which secures a Silent Second Note. The form of the Silent Second Trust Deed shall be in substantial form to the approved First -Time Homebuyer Program Silent Second Trust Deed, and shall be subordinate to any First Deed of Trust securing a mortgage for the purchase of the units. The form of the Silent Second Trust Deed shall be in substantial form to the approved First -Time Homebuyer Program Silent Second Trust Deed, as provided in Exhibit "D ". 2.14 "Term" shall be described in ARTICLE 4 below. ARTICLE 3 - Marketing of Affordable Units 3.1 Moderate Income Units. Of the two hundred twenty one (221) Units in the Project, Developer shall sell eleven (11) Units only to Moderate Income Buyers. The eleven (11) Moderate Income Units shall be comprised as follows: (a) four 2 bedroom homes in Palermo Plan I (Units 7, 77, 115 and 125); (b) five 3 bedroom homes in Siena Plans 1 & 2 (Units 37, 42, 68,72 and 77); (c) one 4 bedroom home iii Palermo Plan 2 (Unit 64); and (d) one 4 bedroom home in Palermo Platt 3 (Unit 92). The sales price of each such Moderate Income Unit shall be the Market Rate Price, with the Silent Second Note being of an original principal amount equal to the difference between the Market Rate Price and the Moderate Income Affordable Sales Price of such Moderate Income Unit. The Silent Second Note shall be secured by the Silent Second Trust Deed encumbering the Moderate Income Unit which is sold to a Moderate Income Buyer. The Silent Second Trust Deed shall be subordinate in priority to the institutional trust deed loan ( "First Trust Deed Loan ") which the Moderate Income Buyer obtains to purchase the property. Stich documents shall be in substantial form to the City standard documents as established through the City's First -Tune Homebuyer Program. If the Market Rate Price is equal to or less than the Moderate Income Affordable Sales Price as calculated in Section 3.3.2, no restrictions in the form of a Silent Second Note, Trust Deed or Regulatory Agreement shall be placed on such Moderate Income Unit or the real property on which it is situated or the Moderate income Buyer and the actual sales price of such Moderate Income Unit shall be the Market Rate Price, provided, however that all qualification procedures set forth hereinbelow for Moderate Income Buyers shall remain in effect. 3.2 Market Rate Price. The Market Rate Prices for the Affordable Units shall initially be the amounts set forth in the attached Schedule "1 ". Pursuant to the procedures set forth in this Section 3.2 and subject to the procedure set forth herein, the Market Rate Prices for the Affordable Units in an upcoming phase may be revised at any time prior to the release of such phase. No less than ten (10) days prior to the scheduled release date of a phase, Developer shall submit to the City Housing Manager, Developer's proposed revisions, 2015 -04 -14 Agenda Packet Page 133 if any, to the Market Rate Prices and adjustments for assessments for the Affordable Units in such phase. Within five (5) days after such submission, the City Housing Manager shall review and determine whether or not any of the Affordable Units within such phase will be subject to the requirements of Section 3.1 regarding the delivery of the Silent Second Note and Silent Second Trust Deed by the Moderate Income Buyer purchasing such Affordable Unit. If the City disapproves and objects to Developer's proposed revisions within such five (5) -day period, Developer may re- submit further revisions to the Market Rate Prices to address the City's grounds for objection, and the City shall thereafter have five (5) days to approve or disapprove Developer`s proposed revisions. If, however, the City Housing Manager fails to provide notice to Developer regarding its proposed revisions and any need for the Silent Second Note or Silent Second Deed of Trust within the initial five (5) -day period, Developer's proposed revisions shall be deemed approved. 3.3 Calculation of Moderate Income Affordable Sales Price. The Moderate Income Affordable Sales Price of a Moderate Incorne Unit shall be composed of the sum of the Mortgage Principle Amount plus a down payment of 3% of the Moderate Income Affordable Sales Price. 3.3.1 The Mortgage Amount. For loans, the Mortgage Amount for Moderate Income Buyers shall be a First Trust Deed Loan in that original principal amount which requires equal monthly payments, amortized over thitty (30) years at file Buyer-Qualified Interest Rate, which when added to the other Monthly Housing Costs results in Monthly Housing Costs that shall not exceed 36% of 120% of the Area Median Income for the applicable household size for FHA loans and 40% of 120% of the Area Median Income for the applicable household size for conventional loans. 3.3.2 Moderate Income Affordable Sales Price. The calculation of the Moderate Income Affordable Sales Price for a Moderate Income Unit pursuant to this Sectioit 3.3.2 shall be the lesser of the Market Price or the maxirnurn purchase price that will result in a Monthly Housing Cost, as defined in Section 2.10, equal to or less than one - twelfth of thirty six percent (36 %) of 110% of the Area Median Income based on presumed occupancy count equal to the bedroom count plus one (1) persons and the factors fiuther described in Section 3.8. 3.4 Proof of Qualification. Developer will obtain from each prospective purchaser of an Affordable Unit a "Supplemental Buyer Application" (the "Application ") in the form of Exhibit "E" attached hereto (or such other. form as the City may from time to time adopt and of which the City will notify Developer in writing). Developer will be entitled to rely on the Application and the supporting documents thereto in determining the eligibility of such person(s) to buy such Affordable Unit. Developer will retain the Application and supporting documents for a period of at least seven (7) years after the buyer thereof closes escrow for the purchase of the Affordable Unit. 3.5 Records, Audits. Developer will submit to the City monthly copies of all Applications, available settlement or closing statements with respect to each Affordable Unit that has closed escrow, and documents submitted containing information with respect to each Affordable Unit including (i) the monthly amortized Mortgage Amount, (ii) the number of occupants for which the Affordable Unit is sold, (iii) the income of such occupant(s), (iv) the Market Rate Price of the Affordable Unit and (v) the Moderate Income Affordable Sales Price or the Market Rate Price of the Moderate Income Unit, whichever is applicable. Stich submission shall be in the form of Exhibit "E" attached hereto (or such other form as the City may from time to time adopt and of which the City notifies Developer in writing). If the City reasonably believes that violations of the sales price, occupancy and/or income requirements of this Agreement have occurred, and that an audit is necessary to verify submitted Applications and documentation, !twill so notify Developer in writing thereof. Within ten (10) days after delivery of said notice, Developer will deliver to the City fire names ofthree certified public accountants doing business in the metropolitan San Diego area. The City will promptly deliver to Developer the former's approval of one or more of said names. The audit will be completed by an approved 4 2015 -04 -14 Agenda Packet Page 134 certified public accountant, at Developer's cost, within 60 days after the delivery to Developer of the City's said approval. The certified public accountant will promptly deliver a copy of the written audit to the City and Developer, Developer shall regularly evaluate its compliance with the sales price, occupancy and income requirements of this Agreement and exercise good faith efforts to avoid any violations thereof. 3.6 City Approval of Marketing Plan; Selection of Moderate Income Unit Bu rers. Thefollowing requirements shall apply with respect to Developer's marketing of the Moderate Income Units: 3.6.1 Marketing Plan. Developer shall prepare a marketing plan in compliance with Federal and State Fair Housing laws, and the City shall review the same for compliance with City laws. Such marketing plan shall include a plan for publicizing the availability of the Moderate Income Units within the City, such as notices in any City sponsored newsletter, newspaper advertising in local newspapers and notices in City offices. The marketing plan shall require Developer to obtain from the City the navies of moderate income households who have been displaced, and to notifypersorrs on such list of the availability of Moderate Income Units in the Project prior to undertaking other forms of marketing. The marketing plan shall provide that the persons on such list of displaced persons be given not fewer than fifteen (15) days after receipt of such notice to respond by completing application forms for purchase of Moderate Income Units, as applicable. 3.6.2 Income Requirements. All buyers of each Moderate Income Unit shall meet the income requirements set forth in this Agreement. Selection of Moderate Income Buyers shall be made based upon the Buyer Selection Criteria as established by the City's Policy for the Development of Affordable For Sale Housing for Moderate Income Buyers within the following levels of priority. A point system has been established so that applicants with a higher number of points will receive preference for Moderate Income Units. 5 points Households which are displaced from their primary residence as a result of any of the following (i) expiration of affordable housing covenants applicable to such residence; (ii) an action of the City; (iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 3_points Households with at least one member who has worked within the City, as that person's principal place of full -time employment, for at least one year prior to the date of application for such housing. 2 points Households with at least one member who is a Public Safety employee (fire and police) or Credentialed Teacher. 1 point All other applicants who do not meet any of the above criteria. In the situation where there are applicants with equal number of points but not enough Moderate Income Units are available, the tie will be broken by determining which of the most qualified applicants completed the application first, including pre - qualification for a mortgage to purchase the property. 3.7 Ci . 's Evaluation of Qualification of Moderate Income Buyers; Authority of To Receive Loan Applications. Developer shall obtain from each Moderate Income Buyer (or prospective Moderate Income Buyer) a form signed by the Moderate Income Buyer authorizing the release to the City of the prospective buyer's 1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal Surrmaty (1008) or similar form from the applicable lender. The City shall have the right to require eacli such lender to forward to the City the loan documentation for any loan to a Moderate Income Buyer. The City will 2015 -04 -14 Agenda Packet Page 135 evaluate these forms and communicate its evaluation to Developer. After the City's review and verification that a prospective buyer is qualified as a Moderate Income Buyer, and in no event more than five (5) days after submittal of the above referenced forms by the applicable lender, the City will send an Approval Notice to the lender and Developer confirming the prospective buyer's eligibility. At least five (5) business days prior to the close of escrow on any Affordable Unit as to which a Silent Second Deed of Trust will be recorded, Developer shall cause copies of all escrow documents to be sent to the City to assist the City in preparing the Silent Second Deed of Trust and Silent Second Note; the City shall have three (3) business days after such submittal to submit the Second Deed of Trust to escrow. 3.8 Qualification Criteria. The Citywill utilize tine following criteria in evaluating an application by a Moderate Income Buyer (or prospective Moderate Income Buyer): 3.8.1 Neither the Moderate Income Buyer nor such Moderate Income Buyer's spouse has owned a home during the three (3) year period immediately preceding the purchase of the Moderate Income Unit. 3.8.2 The Moderate Income Buyer's down payment must not be less than three percent (3°/a) of the Moderate Income Affordable Sales Price. 3.8.3 The Moderate Income Buyer's liquid assets after down payment, Moderate Income Buyer's closing costs and Moderate Income Buyer's cash payments for Buyer - Elected Options and Upgrades must not exceed $25,000.00, excluding any retirement accounts, to include without limitation any 401K or IRA accounts, as well as any other exclusions set forth in City Council policy. 3.8.4 Non - occupant co- borrowers are not allowed. 3.8.5 The maximum Monthly Housing Costs must not exceed 36% of monthly income for FHA insured loans and 40% of monthly income for all other loans. 3.8.6 The maximunn debt- to- incomc ratios must not exceed forty -one percent (41 %) for FHA insured loans and 45% for all other loans. ARTICLE 4 - Ternx 4.1 Affordable Housing Regulatory A reement. The Tern of this Agreement commences on the date of this Agreement. The Ternu ends on the date the close of escrow occurs for the sale by Developer of-the last Affordable Unit pursuant to the requirements of this Agreement. Immediately following the close of escrow of the last Affordable Unit pursuant hereto, the City shall record a termination ofthis Agreement in the Office of the County Recorder of San Diego County, California. Each Affordable Unit shall automatically be released from the encumbrance of this Agreement at the close of the buyer's escrow for the Affordable Unit for the purchase of the Affordable Unit from Developer. Any portion of the Real Property that is conveyed by Developer to the condominium homeowner's association established for the Real Property shall be automatically released from the encumbrance ofthis Agreement upon such conveyance. 4.2 Agreement to Post Security. Satisfaction of the terns of the Agreement to Post Security ( "Security Agreement"), referenced in Section 1.4, shall be met and all obligations under such Security Agreement shall be released upon the recordation of this Affordable Housing Regulatory Agreement on each of the eleven (11) Moderate Income Units and payment of the in -lieu fee into the City's Inclusionary Housing Fund totaling $1,378,842 (11.1 units) per Section 1.2.b. of such Security Agreement. In 2015 -04 -14 Agenda Packet Page 136 ARTICLE 5 - Subordination Upon request, the City shall subordinate this Agreement to any first deed of trust which Developer obtains for construction of the Project and the First Trust Deed Loans obtained by buyers to purchase their Affordable Units. However, any subordination agreement entered into by the City shall contain written cornmitmcnts which the City finds are reasonably designed to protect the City's interests in the event of default, such as any of the following: (a) a right of the City to cure a default on the loan prior to foreclosure, (b) a right of the City to negotiate with the lender after notice of default from the lender and prior to foreclosure, (c) an agreement that if prior to foreclosure of the loan, the City takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the City, and (d) a right of the City to acquire through foreclosure (and subject to the First Trust Deed Loan) under the Silent Second Trust Deed the Affordable Unit from the buyer at any time after a material default on the First Trust Deed Loan. ARTICLE 6 - Additional Provisions Regarding The Real Property 6.1 Condition of the Real Propcity. The following provisions shall apply only during the period of time that Developer is developing and marketing the Project. 6.1.1 Developer shall take all necessary precautions to prevent the release, by Developer or its contracts, into the environment of any Hazardous Materials which may be located in, on or under the Real Property. Stich precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. 6.1.2 Developer shall indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys' fees), resulting from, arising out of, or based upon Developer's or its contractor's (i) release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Real Property, no matter when such claim, action, suit or proceeding is fast asserted or begun and no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or disposed of on, under, in or about, to or from the Real Property, or by whom or how they are discovered, or (ii) violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Real Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity or action at law, for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic Ioss, damage to the natural resource or the cliviromnent, nuisance, contamination, leak, spill, release or other adverse effect on the environment. This indemnity shall survive the Term or earlier termination of this Agreement. 6.1.3 For purposes of this Agreement, "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, San Diego County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25 115,25117 or 25122.7, or listed pursuant to Section 25130 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined 7 2015 -04 -14 Agenda Packet Page 137 as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 ofthe California Code ofRegulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, etseq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 US.C, Section 9601, et seq. 6,1.4 For purposes of this Agreement, "Govermnental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County of San Diego, the City, or any other political subdivision in which the Property is located, and of any other political subdivision or instrumentality exercising jurisdiction over the City, Developer or the Real Property. 6.1.5 Developer shaII pay prior to delinquency all real estate taxes and assessments properly assessed and levied on portions of the Real Property which are owned by Developer. Nothing herein contained shall be deemed to prohibit Developer from contesting the validity or amounts of any tax, assessment, encumbrance, or lien, nor to limit the remedies available to Developer in respect thereto. 6.2 Hold Harmless. Developer agrees to indemnify, protect, defend and hold harmless the City, and their elected officials, officers, agents, employees, volunteers, representatives and successors, from and against any and all claims, damages, actions, costs, demands, expenses or liability, including without limitation, reasonable attorneys' fees and court costs, which may arise from the direct or indirect actions or inactions of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developers' behalf which relate to Developer's construction, marketing, and sales activities ofthe Real Property or Project. This hold harmless agreement applies, without limitation, to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Section 6.2, regardless of whether or not tiie City prepared, supplied or approved plans or specifications, or both, for the Real Property or Project. Notwithstanding anything to the contrary contained herein, this indernnity shall not apply to any claims, damages, actions, costs, demands, expenses or liability which arises out of either: (a) the exclusive marketing requirements contained in Section 3.6.1, or (b) the use of the point system contained in Section 3.6.2. This indemnity by Developer, and all other indemnities set forth herein shall survive any foreclosure of the Real Property by the City pursuant to the terms of the Silent Second Trust Deed and the Term or earlier termination of this Agreement. 6.3 Obligation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the enjoyment of the Real Property. Developer shall further comply with all the requirements of the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines (collectively, "ADA "). 6.4 Form of Nondiscrimination and Clauses. Developer shall refrain from restricting the sale of any portion of the Real Property, or contracts relating to the Real Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person and shall comply with 2015 -04 -14 Agenda Packet Page 138 all the requirements for the ADA. All such deeds, leases or contracts, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 6.4.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through hirn, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed and further covenants that all such individuals and entities shall comply with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines. The foregoing covenants shall run with the land." 6.4.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregations of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment ofthe land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein lease and the lease shall be carried out in compliance with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from tithe to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines 6.4.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy oftenants, lessees, subtenants, sublessees, or vendees of Iand and all such activities shall be conducted in compliance with all the requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12 10 1, et seq.), and the Americans with Disabilities Accessibility Guidelines." ARTICLE 7 - Breach 7.1 Breach by City. If the City breaches any of its covenants contained in this Agreement, Developer will have available to it all legal and equitable remedies afforded by the laws of the State of California. 7.2 Breach by Developer of Sale Price Limit Requirements, If, with respect to any Affordable Unit, Developer intentionally breaches this Agreement by charging a higher sales price than a Moderate Income Affordable Sales Price, Developer will, immediately upon the City's demand, (i) reduce the sales price to a Moderate Income Affordable Sales price, and (ii) refiuld to any buyers who theretofore paid such higher sales price to Developer for the purchase of an Affordable Unit the amount of the excess, together with interest thereon at the rate of ten percent (10 %) per annum or the maximum legal rate, whichever is less, computed from the datc(s) of payment of the excess by said buyers to the date of said refund. The provisions of this Section 7.2 constitute a third -party beneficiary contract in favor of such buyers, Further, the City is hereby granted the power (but not the duty) to act as attorney -in -fact of such buyers in enforcing this Section 7.2. I 2015 -04 -14 Agenda Packet Page 139 7.3 Breach by Developer of Sales Requirements. If, with respect to any Affordable Unit, Developer intentionally breaches this Agreement by selling to buyers who are not Moderate Income Buyers qualified by the City pursuant to Section 3.7, Developer will, immediately upon the City's written demand, and at Developer's sole cost, use its reasonable best and lawful efforts to terminate such sale or otherwise substitute an Unrestricted Unit in such sale. 7.4 Breach by Developer of Other Requirements. If Developer breaches any of its covenants contained in this Agreement, the City shall have available to it all legal and equitable remedies afforded by the laws of the State of California. 7.5 Remedies Not Exclusive. The remedies set forth in this ARTICLE 7 are not exclusive, but are in addition to all legal or equitable remedies otherwise available to the City and Developer. ARTICLE 8 - Conflicts of Law 8.1 Conflict of City and State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by the City, the parties will: 8.1.1 Notice and Copies: Provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and statement of conflict with the provisions of this Agreement. 8.1.2 Modification Conferences: The parties will, within 30 days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. 8.2 _City Council Hearings. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the unatter will be scheduled for consideration by the governing board of the City Council. The City Council, at such meeting, will detennine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the meeting, will have the right to offer oral and written testimony. Any modification or suspension will be taken by the affirmative vote of not less than a majority of the authorized voting members of the governing board of the City Council. 8.3 Cooperation in Securing Permits. The City shall cooperate with Developer in the securing of any permits which may be required as a result of such modifications or suspensions. ARTICLE 9 - General Provisions 9.1 Seve_rability. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in fill force and effect unless amended or modified by mutual consent of the parties. 9.2 Entire Agreement, Waivers and Amendments. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived, cancelled or discharged except by an instrument in writing executed by the party against which enforcement or such amendment, modification, waiver, cancellation or discharge is sought, 10 2015 -04 -14 Agenda Packet Page 140 9.3 Capacities of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 9.4 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 hereunder, shall be the City of Chula Vista. 9.5 Assi tg anent. Subject to the City's prior review and approval, which review and approval shall not be unreasonably withheld, delayed or conditioned, the rights and obligations of Developer snider this Agreement may be transferred or assigned and Developer May be released from such obligations upon such transfer or assigmnent, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Developer contained in this Agreement as such duties and obligations pertain to the portion of the Real Property so conveyed. 9.6 Enforcement. Unless amended or cancelled as provided in Section 9.2, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the rules, regulations or policies governing permitted uses of the land, density and design. 9.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the parties' successors or assignees in interest. 9.8 Relationship of Parties. It is understood that the contractual relationship between the City and Developer is such that Developer is an independent contractor and not an agent of the City. 9.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party shall be decnted to have been properly given or served if (i) personally served, (ii) deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, or (iii) electronically transmitted with a backup copy given or served pursuant to the methods set forth in (i) or (ii) above and addressed to such party at the e-mail and places of business addresses identified herein for each of the designated parties. Cam: Developer: City of Chula Vista Lennar Homes of California, Inc. 276 fourth Avenue 25 Enterprise, Ste. 300 Chula Vista, CA 91910 Aliso Viejo CA 92656 Attn: Housing Manager, Development Services Department Attn: John Baayoun and Dana Bracco A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address. SIGNATURE PAGE FOLLOWS 11 2015 -04 -14 Agenda Packet Page 141 IN WITNESS WHEREOF the parties Hereto have caused this Agreement to be executed as of the day and year first written above, ATTEST: Donna Norris, City Clerk APPROVED AS TO FORM: Glen Googins, City Attorney "CITY" CITY OF CHULA VISTA, a municipal corporation of the State of California IC Mary Salas, Mayor "DEVELOPER" LENNAR HOMES OFjLIFORNIA, INC., a California corporation I! 12 Vice President 2015 -04 -14 Agenda Packet Page 142 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On March 11, 2015, before me M, Sue Rudolph, Notary Public, personally appeared Johnyaayoun, who proved to me on the basis of satisfactory evidence, to be the persory whose name is/,afe subscribed to the within instrument and acknowledged to me that he /s�ZIlWy executed the same in his/l�r'•/Yeir authorized capacity), and that by his /VrOeir signature(s) on the instrument the persopo, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. avl—m & 6 . . ... ..... — (SEAL) Notary Public 2015 -04 -14 Agenda Packet Page 143 Y'''�. Comm €sslon # 2003559 a "t � „� Notary Putrlla - Ca€iforn €a WITNESS my hand and official seal z ;' ��.� Orange County avl—m & 6 . . ... ..... — (SEAL) Notary Public 2015 -04 -14 Agenda Packet Page 143 EXHIBIT A LEGAL PROPERTY DESCRIPTION All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: TO BE INSERTED AS APNs ARE ASSIGNED EXHIBIT A 2015 -04 -14 Agenda Packet Page 144 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO. City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 (SPACE ABOVE FOR RECORDER'S USE ONLY) APN- FTHB # HOMEOWNER'S REGULATORY AGREEMENT THIS REGULATORY AGREEMENT ( "REGULATORY AGREEMENT" OR "AGREEMENT ") IS ENTERED INTO AS OF THIS DAY OF , 201 BETWEEN THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ( "CITY "), AND A QUALIFYING HOUSEHOLD, ON BEHALF OF ITSELF AND ( "OWNER "). PREFACE WHEREAS, the Owner is interested in participating in the City's First -Time Homebuyer Program, and will comply with all program rules and requirements, and WHEREAS, the City and Owner have entered into a Deed of Trust and Promissory Note Agreement dated (the "Loan Agreements "), pursuant to which City will make a certain loan to Owner; and WHERAS, Owner will use the proceeds of such loan for the acquisition of the real property with the street address of , Chula Vista California 9191 more particularly described in Exhibit A attached and incorporated by this reference ( "Property "), and other costs as provided in the Loan Agreement; and WHEREAS, as further consideration for the loan and to further the interests of City, Owner has agreed to enter into and record this Agreement; and initials Regulatory Agreement (rev. 3- 10 -15) Page 1 2015 -04 -14 Agenda Packet Page 145 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT WHEREAS, the purpose of this Agreement is to regulate and restrict the occupancy and ownership of the project for the benefit of project occupants and the people of the City of Chula Vista. The covenants in this Agreement are intended to run with the land and be binding on Owner for the full term of this Agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: Owner shall receive City investment in real property owned by the Owner, as evidenced by legal title or a valid contract of sale. Acting in this capacity, the Owner will comply with all aspects of the City's First -Time Homebuyer Program including, but not limited to, the following: A. DEFINITIONS The following terms have the meanings and content set forth in this Section A where used in this Agreement or attached exhibits. 1. "AREA MEDIAN INCOME" means the median income for the San Diego County Primary Metropolitan Statistical Area (PMSA), with adjustments for household size, as adjusted from time to time by the U.S. Dept. of Housing and Urban Development (HUD). 2. "CITY" is the City of Chula Vista, a municipal corporation. 3. "DEED OF TRUST" means any deed of trust, assignment of rents, and security agreement placed on the Property or any part thereof as security for any Loan and other obligations with Owner as trustor and the City as beneficiary, as well as any amendments to, modification of, and restatements of said deed(s) of trust. 4. "EQUITY SHARE" means the split of appreciation between the City and Owner, as further defines in Section F.I. 5. "HUD" means the United States Department of Housing and Urban Development. 6. "HOMEOWNER INVESTMENT" is defined as the amount of down payment made by the owner towards the purchase price at time of purchase (excluding normal costs of a loan transaction) and City approved capital improvements made by the owner since purchase. 7. "HOUSE" means a residential dwelling unit that is located on the Property. 8. "LOAN" is any investment of funds provided by the City to any Owner for the purchase of any House. 9. "LOAN AGREEMENT" means any loan agreement executed by any Owner and the City which governs any Loan, as well as any amendments to, modifications of, or restatements of said loan agreement(s). The Loan Agreements will be on file with the City of Chula Vista. 10. "LOAN DOCUMENTS" are collectively the Loan Agreement, Deed of Trust, Note, this Agreement and any loan agreement, deed of trust, or promissory note entered into between the City and Owner with respect to any of the Property, as they may Initials Regulatory Agreement (rev. 3- 10 -15) Page 2 2015 -04 -14 Agenda Packet Page 146 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT be amended, modified or restated from time to time, along with all exhibits and attachments to these documents. 11. "NOTE" means the promissory note and note rider executed by Owner in favor of the City evidencing any part of a Loan, which is secured by a Deed of Trust, as well as any amendments to, modifications or, or restatements of said promissory note. The Notes will be on file with the City of Chula Vista. 12. "ONE HUNDRED TWENTY PERCENT" means annual income, which does not exceed one hundred twenty percent (120 %) of the Area Median Income. 13. "OWNER" or "OWNERS" is the qualifying household that is the purchaser of a House within the Project. 14. "PROJECT" means the purchase of the Property, which will be affordable to households earning one hundred twenty percent (120 %) of Area Median Income. 15. "PROPERTY" means the real property described in the attached Exhibit A, which is hereby incorporated into this Agreement by this reference, and any buildings or improvements now or hereafter situated on said real property. 16. "QUALIFYING HOUSEHOLD" means a household whose income is One Hundred Twenty Percent of Area Median Income (120% of AMI), as determined periodically by HUD, with adjustments in accordance with 24 CFR 52.252, and who is otherwise eligible to purchase a House. 17. "QUALIFYING SALES PRICE" means an affordable price set at 110% of the Area Median Income based on the bedroom count plus one (1) persons, and as further described in the Regulatory Agreement between the Developer and City of the Inc[usionary Housing Project, B. TERM OF AGREEMENT The term of this Agreement shall remain in full force and effect for the life of the loan as defined on the Promissory Note, unless terminated earlier by City in writing or extended by the mutual consent of the parties. However, failure to record this Agreement by City shall not relieve Owner of any of the obligations specified herein. The covenants in this Agreement will run with the land for the benefit of City and its heirs, assigns and successors and be binding on Owner and Owner's heirs, assigns and successors for the full term of this Agreement. C. CITY INVESTMENT The City's investment is being made through the Balanced Communities ( "Inclusionary") Policy. The investment is an assistance program, which will effectively allow the Qualifying Household to acquire the Property. All funds recaptured from this Loan will be placed in the City's Inclusionary Housing Fund for the development of future affordable housing. D. AFFORDABILITY 1. The House will qualify as affordable housing and will have: a. an initial purchase_ price that is a Qualifying Sales Price; and Initials Regulatory Agreement (rev. 3- 10 -15) Page 3 2015 -04 -14 Agenda Packet Page 147 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT b. an appraised value at acquisition that is the Market Rate Price. 2. The House must be the principal residence of an Owner that is a Qualifying Household at the time of purchase. 3. The Loan Agreement for the City- assisted House is $ or percent (_ %) of the total purchase price. E. MONITORING It is contemplated that, during the term of this Agreement, the City will perform the following monitoring functions: (a) prepare and send an Annual Occupancy Form for the Owner to complete and return. (b) review the documentation submitted by Owner in connection with the annual occupancy verification process. (c) inspect the Property to verify it is being maintained in accordance with Section G, below. Notwithstanding the foregoing description of City functions, Owner shall have no claim or right of action against the City based on any alleged failure to perform such function. F. RECAPTURE OF CITY INVESTMENT The City of Chula Vista requires that First -Time Homebuyer funds be recaptured if the housing does not continue to be the principal residence of the family for the duration of the loan. if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Owner is sold, rented, refinanced, conveyed, or transferred and Owner is not a natural person), the "Equity ", as hereafter defined, in the Property shall be shared between the Owner and the City on the following basis: "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. Initials Regulatory Agreement (rev. 3- 10 -15) Page 4 2015 -04 -14 Agenda Packet Page 148 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT The remaining balance ( "Equity ") shall be split between the City and Borrower using the following formula: City investment (Principal amount of the Silent Second Note) = city% of Equity to be recaptured Fair Market Value of the Property at time of initial purchase G. PROPERTY MANAGEMENT 1. Maintenance and Security. Owner shall at his or her own expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary and habitable living conditions for the benefit of that Owner's household and any prospective occupants. Owner shall maintain the Property in conformance with all applicable state, federal and local laws, ordinances, codes and regulations. 2. In the event that Owner fails to maintain the Property in accordance with these standards and after at least thirty (30) business days prior notice to Owner, the City or the City's contractor or agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the City's discretion, and provide for payment thereof. Any amount advanced by the City to make such repairs, together with interest thereon from the date of such advance at the rate of seven (7) percent (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowable by applicable law), shall become an additional obligation of the Owner to the City and shall be secured by any Deed of Trust, if not previously reconveyed. H. REPAYMENTS Funds that are loaned to the Owner are to be remitted (principal, interest, and equity, as warranted) to the City to be retained and used as program income for additional affordable housing opportunities. I. PROJECT REQUIREMENTS Compliance with the following project requirements is required as follows: 1) Occupancy Requirements,. The Program requires that occupancy standards must be maintained for the Effective Period for each of the assisted House as follows: a. The prospective purchaser must be low income; that is, the purchaser must have an annual (gross) income that does not exceed One Hundred Twenty Percent (120 %) of Area Median Income, which will be determined at the time the household initially occupies the property. b. Each Owner must occupy the property as a principal residence. Only loan default and subsequent foreclosure negates the principal residence limitation. 2) Ownership Interest. The purchaser must have fee simple title upon sale of an assisted unit or cooperative ownership interest upon sale of an assisted unit. Initials Regulatory Agreement (rev. 3- 10 -15) Page 5 2015 -04 -14 Agenda Packet Page 149 EXHIBIT B HOMEOWNER'S REGULATORY A GREEMENT 3) Refinance. The City will subordinate to the following refinance situations only, subject to City approval and additional documentation is required: a. FHA streamline refinance, with a reduction in total PITI and no cash out. b. VA rate reduction refinance, with a reduction in total PIT[ and no cash out. c. Conventional rate and term refinance, with a reduction in total PITI and no cash out. J. REVERSION OF ASSETS. Owner must transfer to the City any funds remaining in the Property when there is a change to title on the Property or any sale, rental, refinance, conveyance or transfer of Property. Any funds received as a result of this reversion of assets shall be used for additional eligible activities. K. DEFAULTS AND REMEDIES. In the event of any breach or violation of any agreement or obligation under this Agreement, the City may proceed with any or all of the remedies as described in paragraph 18 of the Deed of Trust. L. NON - LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No officer, official, director, employee, agent or representative of the City shall be personalty liable to Owner for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. M. INDEMNITY. Notwithstanding the insurance coverage required herein, Owner shall indemnify and hold the City and its officers, officials, directors, employees, agents and authorized representatives (each, an "Indemnified Party," and collectively, "Indemnified Parties "), free and harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorney's fees) which any Indemnified Party may incur as a direct or indirect consequence of (1) Owner's failure to perform any obligations as and when required by this Agreement; (2) any failure of any of Owner's representations or warranties to be true and complete; or (3) any act or omission by Owner or any contractor, subcontractor, management agent, or supplier with respect the Property, except where such losses are caused by the sole negligence or willful misconduct of Indemnified Parties. Owner shall pay immediately upon the City's demand any amounts owing under this indemnity. The duty of the Owner to indemnify includes the duty to defend Indemnified Parties in any court action, administrative action, or other proceeding brought by any third party arising from the Property. Owner's duty to indemnify Indemnified Parties shall survive the term of this Agreement. N. SUBORDINATION. initials Regulatory Agreement (rev. 3- 10 -15) Page 6 2015 -04 -14 Agenda Packet Page 150 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT This Agreement shall be subordinated in priority only to the liens and encumbrances approved by the City in the Loan Agreement or otherwise in writing by the City in its sole and absolute discretion. O. GENERAL PROVISIONS 1. Governing Law: This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. 2. This Agreement Controls: In the event that any provisions of this Agreement and any Loan Documents conflict, the terms of this Agreement shall control. 3. Time: Time is of the essence in this Agreement. 4. Consents and Approvals: For those provisions of this agreement which are expressly subject to consent or approval of the City, said consent or approval shall not be unreasonably withheld. Any approval must be in writing and executed by an authorized representative of the City. 5. Notices, Demands and Communications: Formal notices, demands and communications between Owner and the City shall be sufficiently given and shall not be deemed given unless dispatched by mailing it first class mail or by certified mail, return receipt requested, to the principal offices of Owner and City as follows: City: Owner: City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 Any such written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. '6. Severability: Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 7. Attorney's Fees: In the event of any litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Initials Regulatory Agreement (rev. 3- 10 -15) Page 7 2015 -04 -14 Agenda Packet Page 151 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT IN WITNESS HEREOF, The City and the Owner have executed this Agreement as of the date first hereinafter set forth. CITY OF CHULA VISTA, a municipal corporation Leilani Hines, Housing Manager OWNER: Name: Print Name: Name: Print Name: ACKNOWLEDGMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAT_) 11110als Page 8 WITNESS my hand and official seal. Signature of Notary 8 Regulatory Agreement (rev. 3- 10 -15) 2015 -04 -14 Agenda Packet Page 152 EXHIBIT B HOME'OWNER'S REGULATORY AGREEMENT ACKNOWLEDGMENT: A notary public or other officer compietirrg this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that he /shelthey executed the same in his/her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. certify Linder PENALTY OF PE=RJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) initials Page 9 WITNESS my hand and official seal. Signature of Notary 9 Regulatory Agreement (rev. 3- 10.15) 2015 -04 -14 Agenda Packet Page 153 EXHIBIT E HOMEOWNER'S REGULATORY AGREEMENT EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS: (INSERT LEGAL. DESCRIPTION) ASSESSOR'S PARCEL NUMBER: 10 initials Regulatory Agreement (rev. 3- 10 -15) Page 10 2015 -04 -14 Agenda Packet Page 154 EXHIBIT C SILENT SECOND PROMISSORY NOTE FIRST -TIME HOMEBUYER PROGRAM PROMISSORY NOTE APN: FTHS N NOTICE: THIS NOTE MAY REQUIRE PAYMENT OF PRINCIPAL AND INTEREST UPON THE SALE OR TRANSFER OF THE PROPERTY OR UPON A PREPAYMENT. FURTHER, THIS NOTE IS A SHARED APPRECIATION NOTE AS DEFINED IN SECTION 1917, ET SEQ. OF THE CALIFORNIA CIVIL CODE. PROMISSORY NOTE SECURED BY DEED OF TRUST $ .00 _.201_ Amount Date , Chula Vista California 9191 [Property Address] Borrower's Promise to Pay._ For value received, the undersigned, ( "Borrower"), promises to pay to the City of Chula Vista ('City'), or order, the sum of Thousand Dollars and 00 /cents ($. .00) with interest accruing thereon as hereinafter provided, and the Equity portion payable as set forth below. It is understood that the City may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder ". 2. No Interest. This Note will bear no interest unless the Borrower defaults under the terms of this Note, the Deed of Trust securing it and/or the Covenants, Conditions and Restrictions affecting the Property. In the event of default, interest from the Date of this Note shall be calculated at: a) The rate equal to the interest rate of the senior trust deed or, in the event of no senior trust deed, b) The prevailing rate of the Prime Rate as published in the Wall Street Journal, on the date of default. 3. Payments and Term. No periodic payments are required hereunder. Borrower agrees to pay the unpaid principal balance, unpaid accrued interest, and any other amounts due under this Note upon the earlier of: 1. 30 years from the date of this Note, may be extended by 5 years with prior written consent of the City: or 2. Upon refinancing of any debt that is secured by a lien on the Property, except for refinancing due to reduce interest rate due to favorable market conditions; or 3. Upon sale, transfer, or encumbrance of all of any interest in the Property without City prior written consent, except for a transfer permitted as defined below; or 4. Upon the maturity date, or full repayment, of any debt that is secured by a lien on the Property that is senior to the Deed of Trust; or 5. Upon Borrower's failure to occupy the Property as Borrower's principal place of residence. A transfer constitutes sold, or otherwise conveyed, by operation of law or otherwise. No delay or omission on the part of the City shall operate as a waiver of such right of repayment or of any other right of this Note. The principal amount of this Note, together with interest (if any) accruing Initials Promissory Note (rev. 3- 10 -15) 2015 -04 -14 Agenda Packet Page 155 EXHIBIT C SILENT SECOND PROMISSORY NOTE thereon from the date hereof, and any shared equity (if any), as set forth in Section 5, shall be due and payable on or before the date provided by the City in the Notice of Acceleration, which shall not be less than thirty (30) days, if all or any part of the Properly or any interest in it is sold, rented, refinanced, conveyed, or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person) (herein called "Transfer) without the prior written consent of the City. The City shall not exercise this right of acceleration if prohibited by federal law as of the date of the Deed of Trust or in the City has executed a separate written waiver of this option. The following shall not constitute a Transfer: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower if the surviving spouse is also named as a Borrower; (b) A transfer of the Property by a Borrower to his/her spouse pursuant to which the spouse becomes a co -owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; (d) A transfer of the Property to a Borrower to an inter -vivos trust in which the Borrower is the sole beneficiary; and (e) A transfer by means of encumbering the Property with a lien that is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. All payments made under this Note shall be paid in lawful money of the United States to the City of Chula Vista at 276 Fourth Avenue, Chula Vista, CA 91910, Attention: Development Services Department, Housing Division. 4. Prepayment. Borrower has the right to prepay the principal without incurring any penalty, apart Tom any interest that may be due under default provisions above. In the event that Borrower chooses to prepay the Note, Borrower must notify Note Holder in writing. Upon, such prepayment, the City's share of the Equity shall become immediately due and payable to the Note Holder. If the property is for sale or in escrow at the time of notification, the Note will be part of the escrow and Borrower will incur appropriate equity share as an obligation. Upon full repayment under this Section 4, all related Loan Documents shall be released. 5. Ectulty. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and Initials Promissory Note (rev. 3- 10 -15) 2015 -04 -14 Agenda Packet Page 156 EXHIBIT G SILENT SECOND PROMISSORY NOTE (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The remaining balance ( "Equity") shall be split between the City and Borrower using the following formula: City, investment (Principal amount of the Silent Second Note) =c;ri horE� "Rveonefe�� �a Fair Market Value of the Property at time of initial purchase 6. Default Under Deed of Trust. Notwithstanding any other provisions of the Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing this Note, this Note shall immediately become due and payable in full at the option of the City. In the event the City exercises such option, the amounts due and payable shall be the principal balance remaining on the Note and other amounts owing, together with accrued but unpaid interest as described above. 7. Acceleration of Payment. The principal amount of this loan, together with any then outstanding accrued interest thereon shall become immediately due and payable, at the option of the holder and without demand or notice, upon the occurrence of any of the following events: a. In the event of a default under the terms of this Note, Deed of Trust, or Regulatory Agreement; b. In the event as Borrower shall cease to occupy the Property as Borrower's principal place of residence; or c. In the event of any sale, transfer, lease, or encumbrance of the Property without City's prior written consent in violation of Paragraph 3 of this Note. 8. Attorneys' Fees. Should suit be commenced to collect on this Note, or any portion thereof, such sum as the court may deem reasonable shall be added hereto as attorneys' fees. 9. Time. Time is of the essence herein. 10. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention and signed by an authorized representative of the City and Borrower. 11. Severability. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity and binding effect of the remainder of this Note upon the parties. 12. Borrower's Waivers. Borrower waives any rights to require the City to perform certain acts. Those acts are: (a) To demand payment of amounts due (known as "presentment"). (b) To give notice that amounts due have not been paid (known as "notice of dishonor"). (c) To obtain an official certification of non - payment (known as "protest'). 13. Giving of Notices. Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it first class mail or by certified mail, return receipt requested, addressed to Borrower at the address set forth above. A notice that must be given to the City under this Note will be given by mailing it certified mail, return receipt request, to the City at the address Initials Promissory Note (rev. 3- 10 -15) 2015 -04 -14 Agenda Packet Page 157 EXHIBIT C SILENT SECOND PROMISSORY NOTE stated in Section 3 above. Any party may change its address by a notice given to the other party in the manner set forth in this Section. 14. Joint and Several Responsibility. If more than one person executes this Note, each is fully and personally obligated to pay the full amount owed and to keep all promises in this Note. NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. Borrower: Date: (INSERT BORROWER NAME) Borrower: Date: (INSERT BORROWER NAME) Initials Promissory Note (rev. 3- 10 -15) 2015 -04 -14 Agenda Packet Page 158 EXHIBIT D SILENT SECOND TRUST DEED FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO: City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 APN: (SPACE ABOVE FOR RECORDER'S USE ONLY) FTHB # NOTICE: THIS DEED OF TRUST SECURES A SHARED APPRECIATION LOAN WITHIN THE MEANING OF CIVIL CODE SECTION 1917, ET SEQ. DEED OF TRUST (SHARED APPRECIATION) THIS DEED OF TRUST, is made this day of 201_, among the Trustor, , as (Insert Vesting) (herein "Borrower"), and the City of Chula Vista (herein "Beneficiary") a public body, corporate and politic, whose address is 276 Fourth Avenue, Chula Vista, CA 91910. BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to (Insert Title Company) (herein "Trustee "), in trust, with power of sale, the following described property located in the City of Chula Vista, County of San Diego, State of California (which has the address of , Chula Vista California 9191T (herein "Property Address"A: SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION Said Deed of Trust is second and subsequent in lien to a First Deed of Trust recording concurrently herewith in favor of the first lien holder, Lender is a Corporation organized and existing under the laws of the State of California, first lien in the amount of Dollars and 00 /cents ( .00); TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to the Beneficiary to collect and apply such rents), all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property; TO SECURE to the Beneficiary the repayment of the indebtedness evidenced by Borrower's promissory note, dated and extensions and renewals thereof (herein "Note"), in the principal sum Initials Deed of Trust (rev. 3- 10 -15) 1 2015 -04 -14 Agenda Packet Page 159 EXHIBIT D SILENT SECOND TRUST DEED of Dollars and 00 /cents ($__- .00), with default interest thereon, if any, and the Equity portion payable to Beneficiary as provided hereinafter, if not sooner paid, which shall become immediately due and payable if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), (each of which is called a 'Transfers) without the prior written consent of Beneficiary; the payment of all other sums, with default interest thereon, if any, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Borrower's subject property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS Borrower and Beneficiary covenant and agree as follows: I. Payment of Principal and interest. Borrower shall promptly pay when due the principal, interest, and shared equity (if any) indebtedness evidenced by the Note. If payment of the indebtedness is.required due to a Sale of the Property where the purchase price is equal to or less than the Acquisition Cost of the Property, assuming an open and competitive sale, then repayment shall be made in the following order and amount: (a) Outstanding principal balance of the primary lender's loan; (b) Borrower's net down - payment investment and normal cost of sale (3% minus closing costs /fees); (c) The principal and interest amount of the Beneficiary's loan; (d) Shared Equity; and (e) Any remainder to borrower. 2. Funds for Taxes and Insurance. To protect the security of the Deed of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and assessments affecting said property; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; and all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary, without obligation to do so and without notice to or demand upon Truster and without releasing Truster from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his/her reasonable fees. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under section 1 and 2 shall be applied; first, to any prepayment charges due under the Initials Deed of Trust (rev. 3- 10 -15) 2 2015 -04 -14 Agenda Packet Page 160 EXHIBIT D SILENT SECOND TRUST DEED Note; second, to amounts payable under section 2; third, to principal due; fourth, to shared equity due; and last, any remainder to the borrower. 4. Prior Mortgages and Deeds of Trust; Charges; [.iens. Borrower shall perform alt of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage', and such other hazards as Beneficiary may require and in such amounts and for such periods as Beneficiary may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Beneficiary; provided, that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Beneficiary and shall include a standard mortgage clause in favor of and in a form acceptable to Beneficiary. Beneficiary has the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Borrower. If Property is abandoned by Borrower, or if Borrower fails to respond to Beneficiary within 30 days from the date notice is mailed by Beneficiary to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Beneficiary is authorized to collect and apply the insurance proceeds at Beneficiary's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property, Condominium,. Cooperatives, Planned Unit Developments. Borrower will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall maintain property including the principle house, garage, and out buildings as well as lawn maintenance, and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Beneficlary Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficlary's interest in the Property, then Beneficiary, at Beneficiaryrs option, upon notice to Borrower, may make such appearances, disburse such sums including reasonable attorneys` fees, and take such action as is necessary to protect Beneficiary's interest. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrowers and Beneficiary's written agreement or applicable law. Any amounts disbursed by Beneficiary pursuant to this Paragraph, with interest thereon, at the original Note rate, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and' Beneficiary agree to other terms of payment, such amounts will be payable initials Deed of Trust (rev. 3- 10.15) 3 2015 -04 -14 Agenda Packet Page 161 EXHIBIT D SILENT SECOND TRUST" DEED upon notice from Beneficiary to Borrower requesting payment thereof. Nothing contained in this Paragraph will require Beneficiary to incur any expense or take any action hereunder. 8. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, provided that Beneficiary will give the Borrower notice prior to any such. inspection specifying reasonable cause therefore related to Beneficiary's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, 10. Borrower Not Released; Forbearance by Beneficia Not a Waiver. Extension of the time for payment or modification of payment of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or to extend time for payment or otherwise modify payment of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary and Borrower, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co- signs this Deed of Trust, but does not execute the Note: (a) Is co- signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) Is not personally liable on the Note or under this Deed of Trust, and (c) Agrees that the Beneficiary and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrowers consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12, Notice. Except for any notice required under applicable law to be given in another manner, any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to Beneficiary as provided herein, and (a) Any notice to Beneficiary will be given by certified mail, return receipt requested, to Beneficiary address stated herein or to such other address as Beneficiary may designate by notice to Borrower as provided herein. (b) Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Beneficiary when given in the manner designated herein. 13. Governing Law Severabilit . The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Initials Deed of Trust (rev. 3- 10 -15) 4 2015 -04 -14 Agenda Packet Page 162 EXHIBIT SILENT SECOND TRUST DEED Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy,. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 15. Regulatory, Agreement. Borrower shall fulfill all of Borrowers other loan agreement(s) which Borrower enters into with the City, including, without limitation, the Regulatory Agreement with the City. 16. Rehabilitation Loan Agreement (if applicable). Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Beneficiary. Beneficiary, at Beneficiarys option, may require Borrower to execute and deliver to Beneficiary, in a form acceptable to Beneficiary, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 17. Transfer of the Property, or a Beneficial Interest in Borrower during Regulatory Agreement's Effective Period. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), the "Equity=', as hereafter defined, in the Property shall be shared between the Borrower and the Beneficiary on the following basis: "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The remaining balance ( "Equity") shall be split between the City and Borrower using the following formula: City investment (Principal amount of the Silent Second Note) = City % of Equity to be recaptured Fair Market Value of the Property at time of initial purchase NON - UNIFORM COVENANTS Borrower and Beneficiary further covenant and agree as follows: Initials Dead of Trust (rev. 3- 10 -15) 5 2015 -04 -14 Agenda Packet Page 163 EXHIBIT D SILENT SECOND TRUST DEED 18.. Acceleration, Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, and those contained in paragraph 17 hereof, the Beneficiary, prior to acceleration, shall give notice to Borrower as provided in Paragraph 12 hereof specifying: (a) The breach; (b) The action required to cure such breach; (c) A date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (d) That failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration of sale. If the breach is not cured on or before the date specified in the notice, Beneficiary, at Beneficiarys option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Paragraph 17, including, but not limited to, reasonable attorneys' fees. If Beneficiary invokes power of sale, Beneficiary shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Beneficiarys election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Beneficiary or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terns designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or Beneficiarys designee may purchase the Property at'any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) To all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) To all sums secured by this Deed of Trust; and (c) The excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Reinstate. Not withstanding Beneficiarys acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of ajudgment enforcing this Deed of Trust if: Initials Deed of Trust (rev. 3- 10 -15) 6 2015 -04 -14 Agenda Packet Page 164 EXHIBIT D SILENT SECOND TRUST DEED (a) Borrower pays Beneficiary all sums, which would be then due under this Deed of Trust, and the Note, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Beneficlary's and Trustee's remedies as provided in Paragraph 18 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiarys interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Asslanment of Rents, Appointment of Receiver; Boneficlary in Possession. As additional security hereunder, Borrower hereby assigns to Beneficiary the rents of the Property, provided that Borrower shall, prior to any default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, have the right to collect and retain such rents as they become due and payable. Upon any such default, the Beneficiary, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the property including those past due. All rents collected by Beneficiary or the receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Beneficiary and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of said property and the collection of such rents and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 21. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property and will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 22. Substitute Trustee. The Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Beneficiary and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 23. Request for-Notices. Borrower requests that copies of the Notice of Default and Notice of Sale be sent to Borrower's address, which is the Property Address. Beneficiary requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Initials Deed of Trust (rev. 3- 10 -15) 7 2015 -04 -14 Agenda Packet Page 165 EXHIBIT D SILENT SECOND TRUST DEED Beneficiary's address, as set forth on Page One of this Deed of Trust as provided by Section 2924b of the Civil Code of California. 24. Fee for Requested, Statements. The Beneficiary may charge a fee not to exceed Sixty Dollars ($60,00) for furnishing the statement of obligation as provided in Section 2943 of the Civil Code of California. 26. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is attached and made part of this Deed of Trust. 26. Covenants Conditions and Restrictions. The Property is subject to Covenants, Conditions and Restrictions ( "Restrictions ") between the Beneficiary and the Borrower, that are not attached hereto but are incorporated by reference. Borrower acknowledges receipt of said Restrictions and agrees for him /herself/ his/her heirs, successors and assigns to be bound by the same. Restrictions refer to any and all program specific documents including any and all certifications made by the Borrower and Lender to the Beneficiary in order for the Borrower to receive First Time Homebuyer assistance. 27. Warranties of Borrower. Borrower warrants to City that: (a) Borrower is a first -time homebuyer; that is, s /he and/or spouse has not owned a home, or had any ownership interest in a home within a three -year (3 year) period immediately preceding the date of this Deed of Trust, and (b) That Borrower's annual gross income does not exceed one hundred twenty percent (120 %) of the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by the U.S. Department of Housing and Urban Development (HUD), on the latter of: 1. The date of initial application to the City; or The date of the recordation of this Deed of Trust. (c) That for so long as Borrower owns the Property, Borrower will reside in the Property as Borrower's principal place of residence. Borrower agrees not to sublet, lease or rent out the Property during the term of this Deed of Trust. 28. Subordination. The Beneficiary and Borrower acknowledge and agree that this Deed of Trust is subject to and will subordinate in all respects to the liens, terms, covenants and conditions of the First Trust Deed and to all advances heretofore made or which may be hereafter be made pursuant to the First Trust Deed including all sums advanced for the purpose of: (a) Protecting or further securing the lien of the First Trust Deed, curing defaults by the Borrower under the First Trust Deed or for any other purpose expressly permitted by the First Trust Deed; and (b) Constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Trust Deed are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure of deed in lieu of foreclosure of the First Trust Deed, any provisions herein or any provision in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his/her successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property Initials Deed of Trust (rev. 3- 10-15) 8 2015 -04 -14 Agenda Packet Page 166 EXHIBIT D SILENT SECOND TRUST DEED through a foreclosure or deed in lieu of foreclosure of the First Trust Deed shall receive title to the property free and clear from such restrictions. Further, if the Primary Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatically terminate upon the Primary Lender's acquisition of title, provided that: (a) The Beneficiary has been given written notice of a default under the First Trust Deed; and (b) The Beneficiary shall not have cured the default under the First Trust Deed, or diligently pursued curing the default as determined by the Primary Lender, within the 60 -day period provided in such notice sent to the Beneficiary. The Beneficiary and Borrower further acknowledge and agree that this Deed of Trust will only subordinate for a rate and term refinance of the First Trust Deed at the discretion of the Beneficiary and shall not be subject to subordination for a cash out refinance, equity line of credit or any other such form of refinance as deemed inappropriate by the Beneficiary. 29. Funds for Taxes and Insurance. The Beneficiary will waive collection of impounds for taxes and assessments (including condominium, planned unit development and planned residential development assessments, if any). Borrower will make all payments for impounds to First Trust Deed holder. 30. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) ❑ Transfer Rider ❑ 1-4 Family Rider ❑ Other(s) [specify): ❑ Condominium Rider ❑ PUD Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. BORROWER BORROWER Initials Deed of Trust (rev. 3- 10 -15) 9 2015 -04 -14 Agenda Packet Page 167 EXHIBIT D SILENT SECOND TRUST DEED ACKNOWLEDGMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, orvalidity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that helshe /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WITNESS my hand and official seal. Signature of Notary Initials Deed of Trust (rev. 3- 10 -15) 10 2015 -04 -14 Agenda Packet Page 168 EXHIBIT D SILENT SECOND TRUST DEED 00 NOT RECORD THIS PAGE REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST BE DELIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. Initials Deed of Trust (rev. 3- 10 -15) 11 2015 -04 -14 Agenda Packet Page 169 EXHIBIT D SILENT SECOND TRUST DEED EXHIBIT "A" Legal Description Initials Deed of Trust (rev. 3- 10 -15) 12 2015 -04 -14 Agenda Packet Page 170 EXHIBIT E SUPPLEMENTAL APPLICATION Siena and Palermo at Lake Pointe Lake Pointe offers attached town homes in the master planned community of Eastlake III in Chula Vista, Each unit has a garage, 2 -4 bedrooms, and 1.5-3 baths. Community amenities include a swimming pool, picnic /barbeque facilities, tot lot and access to a public trail system. 11 Affordable Units Available (4) 2 bd /1.5 bath $281,990 (5) 3 bd/ 2 -3 bath $335,990- $339,990 (1) 4 bd /2.5 bath $369,900 (1) 4 bd /3.5 bath $371,990 210 Market Rate Units Available (X) 2 bd /1.5 bath (X) 3 bd/ 2 -3 bath (X) 4 bd /2.5 bath No Income Verification Required No Income Verification Required No Income Verification Required For more information about Lalce Pointe, the units, floorplans, etc, please visit the website at www.lennar.com or stop by the Sales Center in Eastlake at Olympic Parkway between Olympic Vista Road and Wueste Road. The purpose of this program is to provide affordable homeownership opportunities for moderate - income households. The City of Chula Vista and Lennar Homes thanks you for your interest in Lake Pointe and requests that you read this information in its entirety. It is very important that you understand ALL of the program requirements, AFFORDABLE HOUSING UNITS The City of Chula Vista has established an Affordable For Sale Housing Policy that governs all affordable for sale housing units constructed within the City. In order to qualify to purchase an Affordable Housing Unit, applicants must meet ALL of the requirements outlined within this document and provide the required documentation. Income restrictions apply, Please refer to the chart below for the MAXIMUM gross income based upon household size, which is defined as the total number of people residing within the household, You must be able to provide evidence that the people you list as household occupants will reside in the affordable unit. Gross income is the total amount of income earned by all persons, over the age of 18, within the household before all standard withdrawals (including federal tax, state tax, social security, etc.) Household Size 1 2 3 4 5 6 7 Maximum Gross Income $61,100 $69,800 $78,550 $87,250 $94,250 $101,250 $108,200 2015 -04 -14 Agenda Packet Page 171 EXHIBIT E SUPPLEMENTI4L APPLICATION ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS Buyer must be a First time Homebuyer, which is defined as a person who has not had ownership interest in a property within the last three years. Have sufficient funds available to contribute the required downpayment of three percent (3 %) of the Purchase Price plus closing costs (approximately 3 %). ® Maximum liquid assets after down payment and closing cost contribution must not exceed $25,000. Must be able to qualify for the loan with the incomes of only the members who will occupy the Affordable Unit. Non - occupant co- borrowers are NOT allowed. Be a citizen or other national of the United States or a qualified alien as defined by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). ® Be pre - qualified by a designated Mortgage sales representative using their credit, income and loan requirements. BUYER SELECTION CRITERIA The Developer will use the following criteria in order to determine priority for purchase of an Affordable Unit. A point system has been established so that applicants with a higher number of points will receive preference for units. 5 points Households which are displaced from their primary residence as a result of any of the following: (i) expiration of affordable housing covenants applicable to such residence; (ii) an action of the City; (iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 3 points Households with at least one member who has worked or lived within the City, as that person's principal place of full -time employment or residency, for at least one year prior to the date of application for such housing. 2 points Households with at least one member who is a Public Safety employee (fire and police) or Credentialed Teacher. 1 point All other applicants who do not meet any of the above criteria. In addition to the established point system, larger families will be given consideration for larger units with a greater number of bedrooms. Please be advised that you will be required to verify each household member that you indicate will occupy the unit. 2015 -04 -14 Agenda Packet Page 172 EXHIBIT E S UPPLEMENTA L APPLICATION LAKE POINTS AFFORDABLE MOUSING UNIT APPLICATION 2015 -04 -14 Agenda Packet Page 173 EXHIBIT E SUPPLEMENTAL APPLICATION HOUSEHOLD INFORMATION: List ALL household members Including Applicant(s) that will reside in the Affordable Housing Unit. Attach proof of tnis intormation. Total # of persons in Household Total yearly Household Income $ Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant BUYER SELECTION CRITERIA INFORMATION: if you respond YES to any of the questions below, you MUST provide written evidence with your application or you may not receive all eligible points. 1) Do /Did you have to leave your most recent PRIMARY residence due to either: 1) the expiration of affordable housing covenants; 2) an action of the City of Chula Vista; 3) closure of the mobilehome park that you reside in; or 4) the conversion from rental condominiums to for -sale condominiums. Please note that in order for you to be eligible under this category at least one member of your household must have resided in the unit for at least one year. In addition, the displacement must have occurred within the last year or is scheduled to occur within one year. You must submit evidence of your displacement with your application in order to be awarded points in this category. ❑ Yes ❑ No 2) Do you have one member of your household whose principal place of full -time employment or residency is located within the City of Chula Vista for a minimum year prior to this application? ❑ Yes ❑ No 3) Do you have any member of your household who is a full -time Public Safety employee (fireman /woman or policeman /woman) or full -time CREDENTIALED teacher? You must submit evidence of your employment position in order to be Q Yes ❑ No 2015 -04 -14 Agenda Packet Page 174 EXHIBIT E SUPPLEMENTAL APPLICATION AFFORDABLE HOUSING APPLICATION CHECKLIST This checklist contains a list of documents that you are REQUIRED to submit, along with the completed Application as part of the application review process. Please review the list carefully and include COPIES of all documents that you are submitting. If there are any documents listed that you do not believe you are required to submit please indicate N/A and state the reason why the information is not attached. You must attach this signed checklist as part of your application packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE CONSIDERED. ❑ Six months of most current and consecutive bank /investment /retirement statements for ALL accounts (all pages) ❑ Most recent paycheck stubs covering a 30 -day period for each borrower a Most recent three (3) years W -2s and /or 1099s for each borrower ❑ Most recent three (3) years Federal Tax Returns for each borrower (all schedules) ❑ Complete divorce decree(s) with all attachments, if applicable ❑ Complete bankruptcy papers with all schedules and discharge papers for bankruptcies within the last 7 years, if applicable ❑ Copy of Green Card, front and back, if applicable or other appropriate proof of legal U.S. residency If you are self - employed, also provide the following: ❑ Most recent three (3) years tax returns and copies of 1040s, W -2s, 1099s and /or K -1s for each borrower ❑ Limited or General Partnership returns (if ownership interest is 25% or greater)- copies of form 1065 ❑ Sub Chapter S Corporation returns (if ownership interest is 25% or greater)- copies of form 1120 S ❑ U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120 u YTD Profit and Loss Statement (in some cases this may need to be audited) 2015 -04 -14 Agenda Packet Page 175 EXHIBIT E SUPPLEMENTAL APPLICATION AFFORDABLE HOUSING UNIT AFFIDAVIT By signing below each applicant makes the following certifications; I, the undersigned, as part of my application for an Affordable Housing Unit within the Lennar Homes Lake Pointe development (the "Program "), and in connection with a purchase of a multi - family condominium (the "Residence ") and an application for a mortgage loan (the "Mortgage Loan ") from a lender (the "Lender`) of my choosing, do hereby state that I have carefully reviewed this document. I understand and agree with the answers I have provided, and do furthermore certify the following: 1. That those people who I expect to share occupancy of the Residence with me are listed under the Household Information section of the Application. 2. That my spouse, whether on title or not, is an Applicant for the Program and must sign this Application. 3. That I am a first -time homebuyer, who has not had an ownership interest in a principal residence within the three years immediately preceding the date of this application, and I do not and will not have an ownership interest in a principal residence prior to the date of loan closing. (An ownership interest means ownership by any means, whether outright or partial, including property subject to mortgage or other security interest; it also includes a fee simple ownership interest, a joint ownership interest by joint tenancy in common, or tenancy by the entirety or a life estate interest.) 4. That I will submit true and complete copies of all requested documentation. 5. That the Residence will be occupied and used as my principal place of residence within 30 days of the date of Mortgage Loan closing. 6. That the Residence will not be used as an investment property or second home 7. That the Mortgage Loan is a first mortgage, not a replacement mortgage. S. That my income does not exceed the program income limits. 9. That no person related to me has, or is expected to have, an interest as a creditor in the Mortgage Loan being acquired for the Residence. 10. That I may seek financing from any Lender of my choosing, and that I am in no way prohibited from seeking financing from any potential Lender, so long as the Lender executes and complies with the terms of the Program Guidelines. AFFORDABLE HOUSING UNIT CERTIFICATION I acknowledge and understand that this Affidavit, as completed above, will be relied on for determining my eligibility for An Affordable Housing Unit. I acknowledge that a material misstatement negligently made by me in this Affidavit or in any other connection with my Application for an Affordable Housing Unit will constitute a violation punishable by a fine and possible criminal penalties imposed by law, and will result in the cancellation or revocation of the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of any instrument, facility, article, or other valuable thing or service pursuant to my participation in the Program is punishable by fine. BUYER DATE BUYER DATE 2015 -04 -14 Agenda Packet Page 176 SCHEDULEI LIST OF MARKET RATE PRICES* FOR PHASE 2 PALERMO PLAN 1 (2 bedroom) $281,990 SIENA PLAN 1 (3 bedroom) $335,990 SIENA PLAN 2 (3 bedroom) $339,990 PALERMO PLAN 2 (4 bedroom) $369,990 PALERMO PLAN 3 (4 bedroom) $371,990 =NOTE: Prices of market rate units are subject to change with each subsequent sales release. SCHEDULEI 2015 -04 -14 Agenda Packet Page 177 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT WHEREAS, the City's Balanced Communities Policy ( "Inclusionary Policy ") requires 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate - income families (5% low and 5% moderate); and WHEREAS, an "Agreement to Post Security for Affordable Housing Obligation" ( "Security Agreement ") was entered into on March 13, 2013 with Lennar Homes of California, Inc. ( "Developer "), to secure the satisfaction of their Affordable Housing Obligation "; and WHEREAS, the Developer desires to exercise the alternative method of compliance identified in Section 1.2.b of the Security Agreement which requires the construction of eleven moderate income housing units and payment of an in -lieu fee to the City of $1,378,842 (for 11.1 units) to be placed into the Inclusionary Housing Fund; and WHEREAS, the Security Agreement requires the Developer within two years to posting of the bond to enter into a regulatory agreement related to any units to be constructed; and WHEREAS, to comply with the Security Agreement, the City has prepared an Affordable Housing Regulatory Agreement between the City and Lennar Homes of California Inc., ( "Developer ") for City Council's consideration and approval, a copy of which is on file with the City Clerk's Office; and WHEREAS, City Policy No. 453 -02 sets forth the equity requirements for homebuyers in affordable housing projects; and WHEREAS, the Federal Housing Administration ( "FHA ") and Department of Veterans Affairs ( "VA ") have changed their financing underwriting requirements, and City Policy 453 - 02's equity requirements do not yet reflect the changed FHA and VA underwriting requirements; and WHEREAS, given the current FHA and VA underwriting requirements, the equity share requirements set forth in Policy No. 453 -02 have been modified for initial homebuyers of this project in order to meet current FHA and VA financing underwriting requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Affordable Housing Regulatory Agreement for Lake Pointe between the City and Lennar Homes of California Inc., in substantial form, and authorize the City Manager to release the Security Agreement and bond upon completion of the recordation of the Regulatory Agreement on the eleven moderate units and payment of the required in -lieu fee to the City's Inclusionary Housing Fund. The City Council further authorizes the City Manager to make such minor modifications that may be approved or required by the City Attorney. 2015 -04 -14 Agenda Packet Page 178 Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 179 CITY OF CHULA VISTA File #: 15 -0058, Item #: 6. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT 1515 OLEANDER AVENUE" (DR201); APPROPRIATING $191,987 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CIP DR201; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR DR201; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND RATIFYING THE CONTRACT WITH TC CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In accordance with the emergency provisions of Section 1009 of the City Charter, the services of TC Construction, Inc. (General Engineering Contractor License No. 402459) were secured for the repair of failed storm drain facilities located at 1515 Oleander Avenue. The emergency repairs were completed on March 26, 2015. This report presents the total expenditures for the repair. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 2 categorical exemption pursuant to Section 15302(c) (Replacement or Reconstruction) of the State CEQA Guidelines because it involves only repairs to a storm drain and repairs to the street (Oleander) and does not result in an expansion of the storm drain capacity. Thus, no further environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not applicable. DISCUSSION On February 10, 2015, after normal work hours, a sinkhole was discovered at 1515 Oleander Avenue, near Valle Lindo Elementary School. The sinkhole was approximately 10'x16'x5' and was created by the collapse of an existing 18 -inch Corrugated Metal Pipe (CMP) storm drain under the southbound lane. The area is located east of 1 -805 and about one block south of Olympic Parkway. Upon discovery and notification, Public Works crews immediately deployed to investigate and secure the site. Precautionary measures were taken to temporarily secure the site and provide the public safe passage until the permanent repair could be implemented. Public Works staff conducted a video inspection of the drainage system associated with the sinkhole and discovered approximately 770 linear feet of heavily corroded and perforated 18 -inch CMP storm drain between Inlet ID No. 3407 and Inlet ID No. 2585 located south and crossing Olympic Parkway City of Chula Vista Page 1 of 3 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 180 File #: 15 -0058, Item #: 6. (see Attachment 1). The video inspection also located a section where the CMP bottom was completely gone and another hole was developing. Due to imminent threat to public safety and public and private property, the Director of Public Works and the City Manager concurred with the necessity to proceed with the repairs under emergency provisions of Section 1009 of the City Charter. Contractor Selection Process On February 11, 2015, staff solicited three informal bids for the repair work. The three contractors were: • Arrieta Construction, 1215 N Marshall Avenue El Cajon, CA 92020 • Cass Construction, 1100 Wagner Drive El Cajon, CA 92020 • TC Construction, 10540 Prospect Avenue Santee, CA 92071 TC Construction was the only one available with the required material to perform the work. TC Construction was selected and immediately commenced the storm drain rehabilitation work on an emergency basis in accordance with provisions in Section 1009 of the City Charter in order to assure the protection of the public and of public and private properties. TC Construction has performed many City CIP projects in the past and has proven to be very fair and reliable. On February 17, 2015, a memo (see Attachment 2) was provided to the City Manager's Office indicating the selection of TC Construction and estimated cost of the emergency repair work. The work has now been completed. The damaged pipe at the sinkhole location has been replaced and the work associated with the remaining segments of failed pipe to be replaced /relined was completed on March 26, 2015. The storm drain emergency work included replacing 200 -feet of existing 18 -inch CMP with 18 -inch Reinforced Concrete Pipe and the relining of 570 linear feet of failed 18 -inch CMP along Oleander Avenue between Inlet ID No. 3407 and Inlet ID No. 2585 located south and across from Olympic Parkway. The approval of this resolution would: (1) amend the FY14/15 CIP budget and establish new CIP Project "Emergency Storm Drain Repairs at 1515 Oleander Avenue" (CIP DR201); (2) accept the final report of expenditures for CIP DR201; (3) appropriate $191,987 from the available balance of the Gas Tax Fund to CIP DR201; (4) make a finding that an emergency existed, and (5) ratify the contract with TC Construction, Inc. for said emergency repair work. A breakdown of the total costs is provided in Attachment 3. 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 for this matter. LINK TO STRATEGIC GOALS City of Chula Vista 2015 -04 -14 Agenda Packet Page 2 of 3 Printed on 4/9/2015 powered by LegistarT"^ Page 181 File #: 15 -0058, Item #: 6. 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 supports the Operational Excellence, Economic Vitality, and Strong and Secure Neighborhood in the City's Strategic Plan. It provides funding for emergency repairs of storm drain infrastructure, which is a key City function in minimizing traffic delays and providing protection of the public and private properties in a timely manner. CURRENT YEAR FISCAL IMPACT A breakdown of the project costs is as follows: EMERGENCY STORM DRAIN REPAIR FUNDS REQUIRED FOR CONSTRUCTION A. Informal Contract Amount (Prevailing Wage) $171,987 B. Staff Costs (Public Works Operations, Inspection and Engineering) $ 20,000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION J$191,987 Approval of this resolution will result in the establishment of a new CIP, DR201 and appropriate $191,987 from the available balance of the Gas Tax Fund to CIP DR201. There is sufficient fund balance in this fund for this appropriation. This new CIP project will fund the construction and staff costs associated with this emergency storm drain repair. Approval of this resolution will also ratify the actions taken under Section 1009 of the City Charter in order to assure the protection of the public and of public and private properties. ONGOING FISCAL IMPACT Annual routine maintenance will be required after completion of the project. ATTACHMENTS Attachment 1: Project Location Attachment 2: Informational Memo dated February 17, 2015 Attachment 3: Final Report of Expenditures for 1515 Oleander Avenue Attachment 4: Disclosure Statement Staff Contact: Luis Pelayo, Associate Civil Engineer City of Chula Vista 2015 -04 -14 Agenda Packet Page 3 of 3 Printed on 4/9/2015 powered by Legistar Page 182 Attachment 1 0211612015 WEA a �OZ�m v v m 3 o n 3 m ZZ3 W m o D o °3 :E m3 r0 �. 5 0 T� D. Cf) v m � m a (7 v o m W. s G v m T� 3 v (n a o 3 a X o Q � T (D (D Legend Access Point Repair CMP Repairs Access Points MainSubType Channel Pipe X11 f� MEMO CITY OF CHULAVISTA Department of Public Works DATE: February 17, 2015 TO: Gary Halbert, City Manager VIA: Maria Kachadoorian, Assistant City Mariager R.A. Hopkins, Director of Public Works FROM: William Valle, Assistant Director of Enginee-rng /City Engineer Ui) SUBJECT: Emergency Storm Drain Repairs at 1515 Oleander Avenue (CIP No. D 201) This is to inform you that on February 10, 2015, after normal work hours, a sinkhole was discovered at 1515 Oleander Avenue, near the Valle Lindo elementary school. The sinkhole was approximately 10'xl6'x5' and was created by the collapse of an existing 18" Cornigated Metal Pipe (CMP) storm drain under the southbound lane. Upon discovery and notification, Public Works crews immediately deployed to investigate and secure the site. Precautionary measures were taken to temporarily secure the site and provide the public safe passage until the permanent repair could be implemented. Additionally, crews were present the next morning to address traffic control issues due to the vicinity of the school. Public Works Staff conducted a video inspection of the drainage system associated with the sinkhole and discovered approximately 800 -LF of heavily corroded and perforated 18" CMP storm drain between Inlet ID No. 2585 and Inlet ID No. 3407, crossing Olympic Parkway(see attached plat). The video inspection also located a section where the CMP bottom was completely gone and another hole was developing. Because a failure had already occurred in this drainage system, immediate action was taken to protect the public and avoid further damage to public and private property. On February 11, Staff solicited three informal bids for use repair work. The three contractors were: * TC Construction, 10540 Prospect Avenue Santee, CA 92071 o Arrieta Construction, 1215 N Marshall Avenue El Cajon, CA 92020 e Cass Construction, 1100 Wagner Drive El Cajon, CA 92020 TC Construction was the only one available with the required material to perform the work. TC Construction was selected and immediately commenced the storm drain rehabilitation work on an emergency basis in accordance with provisions in Section 1009 of the City Charter in order to assure the protection of the public and of public and private properties. TC Construction has performed many City CIP projects ih the past and has proven to be very fair and reliable. The damaged pipe at the sinkhole location has been replaced. The work is now continuing to replace /reline the remaining pipe in the system (approx. 720'). The material required to replace/line the rest of the failed pipe has been ordered. 2015 -04 -14 Agenda Packet Page 184 Gary Halbert Page 2 February 17, 2015 FISCAL IMPACT There are no direct or dedicated funding sources for the maintenance and repair of storm drain facilities. This Project will cost an estimated total of $240,000 from the general fund reserve. Staff will return with a Council Agenda item to report final emergency repair costs and to ratify the actions taken under the stated provision of the City charter. PRE, L.IM7NARYY ESTIMATES OF FUNDS RU UIRE,D FOR CONSTRUCTION A. Informal Contract Amount (Prevailing Wage) B. Staff Costs (Public Works Operations, Inspection and Engineering) $ 220,000 $ 20,000 TOTAL PRELIMINARY ESTIMATE OF FUNDS RE, QUIRLO FOR CONSTRUCTION $ 240,400 BFS cc Glen Googins, City Attorney Iracsema QuiIantan, Assistant Director of Public Work Operations Siivester Evetovich, Principal Civil Engineer Frank Rivera, Principal Civil Engineer Roberto Yario, Senior Civil Engineer Robert Beamon, Administrative Services Manager, Public Works- Engineering Kalani Camacho, Sr. Public Works Inspector Attachment 1— location plat Attachment 2 - Sink hole pictures 2015 -04 -14 Agenda Packet Page 185 ead puu9go odxlgnSul�1'� qu�dj t%a O "1190-73 d{9D " --V pu882"j r o a ua n IL E n m E u n t3 r L �OOo� u v y u 9 f- amZO d 0. Attachment 2 Co Co ATTACHMENT 3 FINAL REPORT OF EXPENDITURES FOR EMERGENCY STORM DRAIN REPAIR AT 1515 OLEANDER AVENUE (DR201) FINAL EXPENDITURES A. Contract Amount (Prevailing Wage) B. Staff Costs (Public Works Operations, Inspection and Engineering) $ 171,987 $ 20,000 TOTAL EXPENDITURES $ 191,987 2015 -04 -14 Agenda Packet Page 188 CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101 -01, prior to any action upon matters that will require discretionay 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. JList 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. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non - profit organization or trust, list the names of any person serving as director of the non -profit organization or as trustee or beneficiary or trustorr /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. 5. Has any person* associated with this contract had any financial dealings with an official ** f the City of Chula Vista as it relates to this contract within the past 12 months? Yes No 2015 -04 -14 Agenda Packet Page 189 If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 5. 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 XYes ^ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (Thi 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:`��� Signature of Contractor /Applicant 1- Print or type name of Contractor /Applicant Person is defined as: any individual, firm, co partnership, joint venture, association, social club, rn frateal 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. 2015 -04 -14 Agenda Packet Page 190 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "EMERGENCY STORM DRAIN REPAIRS AT 1515 OLEANDER AVENUE" (DR201); APPROPRIATING $191,987 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CIP DR201; ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR DR201; MAKING A FINDING THAT AN EMERGENCY EXISTED; AND RATIFYING THE CONTRACT WITH TC CONSTRUCTION, INC. FOR SAID EMERGENCY REPAIR WHEREAS, on February 10, 2015, a sinkhole was discovered at 1515 Oleander Avenue, near Valle Lindo Elementary School; and WHEREAS, the sinkhole was approximately 10'xI6'x5' and was created by the collapse of an existing 18 -inch Corrugated Metal Pipe storm drain under the southbound lane; and WHEREAS, in accordance with City Charter Section 1009 and based upon the urgent necessity for the preservation of life, health and property, City staff solicited three informal bids and contracted the services of TC Construction, Inc., which was the only available contractor with the required material to perform the emergency repair work; and WHERAS, the repair was completed on March 26, 2015. An informational memo was submitted on February 17, 2015 with the plan to report back to City Council after the full cost of the project was identified; and WHEREAS, after the project was completed, the final costs were identified in the amount of $191,987; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 2 categorical exemption pursuant to Section 15302(c) (Replacement or Reconstruction) of the State CEQA Guidelines because it involves only repairs to a storm drain and repairs to the street (Oleander) and does not result in an expansion of the storm drain capacity. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the fiscal year 2014/2015 CIP budget and establishes a new capital improvement project "Emergency Storm Drain Repairs at 1515 Oleander Avenue" (DR201); appropriates $191,987 to the expense category of the Gas Tax Fund to CIP DR201; accepts the final report of expenditures for DR201; makes a finding that an emergency existed; and ratifies the contract with TC Construction, Inc. for said emergency repair. 2015 -04 -14 Agenda Packet Page 191 Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 192 CITY OF CHULA VISTA File #: 15 -0061, Item #: 7. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO MECHANICAL ENERGY IN THE AMOUNT OF $62,128 TO UPGRADE THE CENTRAL PLANT CONTROLS AT THE POLICE HEADQUARTERS RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Chula Vista Police Department Headquarters (PDHQ) was constructed in 2003, and the Heating, Ventilation and Air Conditioning (HVAC) system has been operating continuously (7/24) there. The HVAC system provides thermal comfort acceptable indoor air quality for the entire facility. Over the last 12 years it is estimated that the plant, air - handlers and associated control systems are nearing over 100,000 hours of operation. Many components of the HVAC system are reaching the end of their life cycle and are in need of comprehensive maintenance and /or replacement. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment because it involves only retrofit of an existing chiller plant that is enclosed entirely within the existing Police Department facility roof top and equipment room; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION N ®t Applicable DISCUSSION In 2008, the City implemented an energy conservation measure (ECM) to lower the electrical usage and consumption of energy by the HVAC system (chilled water plant and air - handlers) at PDHQ. The project encompassed modifying one of the original TRANE chillers from a constant single speed compressor to a multi (2) compressor variable speed system, which could modulate and adapt to changes in the building load. The project required a complex proprietary control program and required the services of a third party energy monitoring service provided by Optimum Energy (OE) at an annual reoccurring cost to the City. While the ECM project did reduce energy consumption, it also affected the overall performance of the City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 3 Printed on 4/9/2015 powered by Legistar Page 193 File #: 15 -0061, Item #: 7. HVAC system components (i.e. chilled water plant, air handlers and associated controls). The integration of new programs and/ or lack of communication between the existing Circon Building Automation System (BAS) and the proprietary TRAV and LOOP programs made it impossible to make changes that are essential for maintenance. Basic set -point and equipment changes, such as changing the sequence operation, are essential for a shutdown to perform routine maintenance. This upgrade is considered Phase I and should be considered as a starting point to several other phases that are needed to address other failing BAS controllers and HVAC components throughout the facility. Phase I includes the replacement of the (BAS) controllers, failed and failing variable speed pump drives and extensive maintenance and service to both chillers. Upon completion, the OE equipment will be removed, and all optimization processes will reside in the new supervisory controller, which will function independently without any outside third party involvement. The new controller will broaden staff's ability to remotely monitor and control the Police HVAC system and will create the foundation for a building -wide energy management system in the future. These types of building controls and systems also contribute to Chula Vista's transition to a "Smart City" framework, in which real -time data collection and processing is used to inform municipal operations decision - making In January 2014 three qualified firms that have done work for the City provided proposals for the chiller plant control and maintenance project. Staff has spent the last year providing access to the PDHQ facility and reviewing proposals. Staff has determined that San Diego Mechanical Energy's proposal for $62,128 represents the best value for the first phase of this project. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that 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 project supports Strong and Secure Neighborhoods by upgrading and extending the life of the central plant at the PDHQ and jail facility through the asset management program. CURRENT YEAR FISCAL IMPACT Funding for this project will be from the General Fund. No appropriations are needed at this time; sufficient funds for this project are included in the Fiscal Year 2014/2015 budget of the Police Department. ONGOING FISCAL IMPACT Costs for future upgrades and repairs in Phase II will be considered by the City Council as part of the normal budget process by adding it to the Critical Needs list. City of Chula Vista Page 2 of 3 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 194 File #: 15 -0061, Item #: 7. ATTACHMENTS Agreement Disclosure Statement Project Scope Staff Contact: Gordon Day, Building Project Manager, Public Works Division, Engineering Section City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 195 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 Glen R. Googins City Attorney Dated: 41—i! 6t clots AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO MECHANICAL ENERGY FOR THE POLICE DEPARTMENT CENTRAL PLANT CONTROLS UPGRADE 2015 -04 -14 Agenda Packet Page 196 Agreement between City of Chula Vista and San Diego Mechanical Energy, For the Police Department Central Plant Controls Upgrade This agreement (Agreement), effective . 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 Chula Vista Police Headquarters Heating; Ventilation and Air Conditioning system (HVAC) originally constructed in 2003 has been operating continuously (7124) since its construction providing the facility with thermal comfort and data center cooling; and WHEREAS. Over the last 12 years it is estimated that the plant, air - handlers and, associated control systems are nearing over 100,000 hours of operation, many are reaching their end of life cycle and are in need of replacement or comprehensive maintenance; and WHEREAS, In 2008, the City implemented an energy conservation measure (ECM) to lower the electrical usage and consumption of energy by the HVAC (chilled water plant and air - handlers) at PDHQ by installing a multi (2) compressor variable speed system which could modulate and adapt to changes in building load; and WHEREAS, The ECM project did reduce energy consumption it lacked the integration of programs and communication between the existing Circon Building Automation System (BAS) and the proprietary TRAV and LOOP programs making it virtually impossible to make changes for proper operation and maintenance; and WHEREAS, this project's scope of work includes the replacement of the chiller plants (BAS) controllers, failed and failing variable speed pump drives. extensive comprehensive maintenance and service to both chillers: and WHEREAS, a request for proposals was sent out to three (3) companies qualified to do the work and San Diego Mechanical Energy responded with the lowest comprehensive and best valued proposal; 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; and ]End of Recitals. Next Page Starts Obligatory Provisions.] Page t Two Parry Agreement Between the City of Chula Vista and San Diego Mechanical Energy jar the Police Department Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 197 H: �2 PuryCmsxd= Apvcmew Rc%ised 091714.doe 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 Ch) of Chula Vista and San Diego Mechanical EnerV for the Police Department Central Plant Controls Upgrade, 2015 -04 -14 Agenda Packet Page 198 H:1� PwrC.onsWtmLAgranwtl Rerised 091714.doc 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 "'ith 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 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 Paray Agreement Between the Clay of Chula Viva and San Diego blechanical EnerU far the Polio Deparrnwnt Central Plant Controls Upgrade - 2015-04-14 Agenda Packet Page 199 H -.Vx wyV PuKonsi =AgcerncM Revised 091714.doc i. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers" Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease- policy limit Liability: $1,000,000 disease -each employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: If the Consultant maintains higher limits than the minimums show=n above, the Cite 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. Page 4 Two Parry Agreemrxt Between the City of Chula Kura and San Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade- 2015-04-14 Agenda Packet Page 200 RVaune31k2 PamCt =uAge== Raised 091714.doe 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. d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims -made form: a. Retro Date. The "Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a "Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page Two Parry Agreement Between the Ciry of Chula Ksto and San Diego Merhamcal Energy for the Police Department Central Plant Controls Upgrade- 2015-04-14 Agenda Packet Page 201 H:IAt mryl2 Pmt}Canst�lMMAV=mcM Revised 091714.doe 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. 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 Citv 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://v,.,mNr.ftns.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. Page 6 Two Parry Agreemew Between the City of Chula Vista and Sae Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade- 2015-04-14 Agenda Packet Page 202 KkAawxy12 P=VConmimmApvemcni Re%isod 091714.doc 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. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant. submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A. Paragraph 17. City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: I ) 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. Page 7 Two Parry Agreement Between the On) of Chula Hasa and San Diego Meehanlcal Energy jor the Police Department Central Plant Controls Upgrade- 2015-04-14 Agenda Packet Page 203 RkAnnrnEyU PaztyConmiftmtAge=ew Rc%uW 091714.doc 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 Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant acknowledges that City will not make a final determination about the eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by the City has been completed, whichever occurs latest. If City- determines that the Consultant is not entitled to receive any portion of the compensation due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant agrees that Project closeout will not alter the Consultant's responsibility to return any funds due City as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter the right of City to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific amounts are owed to City, whether for excess payments or disallowed costs. the Consultant agrees to remit to City promptly the amounts owed, including applicable interest. ARTICLE III. ETHICS A. Financial Interests of Consultant 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 Page 8 Two Pan) Agreentent Between the Gay of Chula V sta and San Dugo Meehmeal Energy for the Police Department Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 204 WAnomeyV Pam%oQadt=LAge®mt Raiscd 091714.doc 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 Conflictin 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. S. Dutv 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. Page 9 Two Parry Agremwnt Betwem the City of Chula rota and Sol+ Diego Merimmo l EntrV far the Police Deparwwnt Central Plmrt C -trols Upgrade. 2015 -04 -14 Agenda Packet Page 205 H_%AUorneyl2 PanyCmSLdLMUAgeCM= Revisod04iTl4.doe 1. Estimating Damages. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A. Paragraph 13 (Liquidated Damages Rate). s. 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. Desivn 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 AgremuW Between the Cay of Chula trwa and San Diego Mechanical Energy for the Police DVeparMwnt Central Plmd Cantrohr Upgrade. 2015 -04 -14 Agenda Packet Page 206 H- ,V=mieyi2 PmtyCam&=Aff0CM= Re ised 091714 Am 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.l. 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. 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. 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 ConsuItant'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 Page 11 Two Parry Agrramni Bawem the Crty of Chtda Vats and San Dingo Mech=ra! Energy for the Police Diepart ww Cenral Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 207 H:Wlo nrA2 ftlyCaasailafftAgcz®mt Re%ised 091714.doc 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. 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, record& 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 (94) 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 DX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. Page 12 Two Parry Agreernrnt Between the City of Chula Vista and San Diego bferhante i Energy far the Police Department Central Plum Covurols Upgrade, 2015 -04 -14 Agenda Packet Page 208 MAM=wyl2 PaftyCcnuALmUAgreemeEd Revised 091714.doc 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. 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 Page 13 Two Parry Agreement Berween the Cny of Chula V=a and San Diego Mechanical Energy for the Police Department Cenwal Plow Canftvb Upgrade- 2015-04-14 Agenda Packet Page 209 KkAromneyl2 Raised 091714.doc 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. 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. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing- All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Page 14 Two Parry Agreement Between the Ctry of Chula FL%a and San Diego Merhamcal Energy jar the Police Deparmtent Central Phud Controls Upgrade - 2015-04-14 Agenda Packet Page 210 F1:lAttar=)A2 Revised 091 T 14.doe (End of page. Next page is signature page.) Page l Two Parry Agreement Between the Ctty of Chula Vista and San Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 211 MAttemeyl2 PmrjCbmm&mmAgccmc= Revised 091714.doc Signature Page to Agreement between City of Chula Vista and San Diego Mechanical Energy, For the Police Department Central Plant Controls Upgrade 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 Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney Ile Exhibit List to Agreement: Exhibit A Exhibit B Project Scope Mary Casillas Salas, Mayor Sao Diego Mechanical Energy, Neil Gibson General Manager Page 16 Twm Petry Agrraneatt &vwem the City of Chula Pima and San Diego Med=uoal Energy far the Police Department Central Plant Controls r r„ nAo 2015 -04 -14 Agenda Packet Page 212 Exhibit A to Agreement between City_ of Chula Vista and San Diego Mechanical Energy, 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: Citv of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 4. Consultant: San Diego Mechanical Energy, 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( x ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 7568 Trade Street San Diego, Ca 92121 858 - 566 -8200 858 -566 -8203 fax 7. General Duties: Page 17 Two Parry Agreenwnt Between the Cory of Chula Vista and San Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade- 2015-04-14 Agenda Packet Page 213 H -.\&Wx ey\2 PmtyCmsdt=Agoenrmt Rnixd 091714.dDc Central Plant Controls Upgrade, chiller annuals and Four 25 hp. VFD drives with bypasses 8. Scope of Work and Schedule: A. Detailed Scope of Work: Remove existing chiller plant controllers (4 total) and replace with new programmable controllers. Perform annual service on both chillers including eddy current testing of condenser tube bundle and Evaporator tube bundle .Replace four 25 horse power VFD units with bypass on condenser and secondary chilled water pumps. 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: 5/4/15 --- 5/22/15 Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: 5122115 9. Materials Required to be Supplied by City to Consultant: 14. Compensation: A. (x) 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 $52,128.00, payable as follows: ( X ) Total due upon completion. 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. Page 18 Two Party Agreement Between the City of Chula Vista and San Diego Mechanical Energy for the Police Depamtent Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 214 H %Anmxyl2 Rnised 091714.doc 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 separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 0 () 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 1$ 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. Page 19 Two Petry Agreement Ber eea the Cay of Chula Vista and San Diego Merhamcal PneW for the Police Depwvwni Central Plmu Controls Upgrade- 2015-04-14 Agenda Packet Page 215 H:Wunnevl2 ParryCOMAdmatAgremad Revised 091714.doc 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 Lin - nation 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 ConsuItant's own cost and expense. See Exhibit B for wage rates. () Hourly rates may increase by 6% for services rendered after [month], 20, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Page 20 Two Party Agreement Between the City of Chula Vista and San Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 216 H.MnmwyU Rc%,SW 091714.doc Cost or Rate {) Reports, not to exceed $ $ {) Copies, not to exceed $ $ O Travel, not to exceed $ $ O Printing, not to exceed $ S O Postage, not to exceed $ $ O Delivery, not to exceed $ (} Outside Services: $ () Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ Page 20 Two Party Agreement Between the City of Chula Vista and San Diego Mechanical Energy for the Police Department Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 216 H.MnmwyU Rc%,SW 091714.doc 12. Contract Administrators: City: Gordon Day Building Project Manager Consultant: Neil Gibson, General Manager 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): ( ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. 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. O 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. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Fill] IN Page 21 Two Parry Agreement Between the Crry of Chula t1vla and San Diego Afrekarrica! Energf for the Police Deparnnent Central Plant Controls Upgrade. 2015 -04 -14 Agenda Packet Page 217 H -Vmw eyl2 Re"sed 091714.doc 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: (X ) Monthly ( ) Quarterly O Other: 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: 18. Security for Performance (X )Performance Bond, $ $62,128. O Letter of Credit, $ () Other Security: Type: Amount: $ ( X )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: { X ) Retention Percentage: 5% ( ) Retention Amount: $ Retention Release Event: Page 22 Two Party Agreement Berm+ the City of Chula Kwa and San Dingo Mechanical Energy for the Police Department Central Plant Con &a& Upgrade. 2015 -04 -14 Agenda Packet Page 218 R Anorne3l2 Pan.yCbnadmnLkgreemccd Rewsed D91714.doc ( X ) 35 days after Completion of All Consultant Services ( NOC) ( ) 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 23 Two Parry Agreemm Between the City of Chula rata and San Diego Merhanical Energy for the Police Deparaw a Central Plant Conn-cis Upgrade - 2015-04-14 Agenda Packet Page 219 H:Vm me)A2 Rmiscd091714.doc '4:�m LO CHULAVISTA DISCLOSURE STATEMENT "* Pursuant to City Council Policy 101 -01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interests, payments, and campaign contributions must be filed. The following information must be disclosed: 1. List the names of all persons* having a financial interest in the project that is the subject of the application, project or contract (e.g. owner, applicant, contractor, subcontractor, material supplier). 2. If any person* identified in section 1. is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the entity. X e Al a "i; ,&r o4l �4 c R e: Al 3. If any person* identified in section 1. is a non - profit organization or trust, list the names of any person who is the director of the non -profit organization or the names of the trustee, beneficiary and trustor of the trust. 4. Please identify every person,* including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. i3 it, L9 Al R � 5. Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official ** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No &,-' If Yes, briefly describe the nature of the financial interest the official* * may have in this contract. 276 Fourth Avenue Chula Vista I California I 91910 I (619) 585 -5722 Revised 0 i 0714.DTD 2015 -04 -14 Agenda Packet Page 220 with this contract, project or application, made a campaign contribution of more than $250 within the past twelve (12) months to an official of the City of Chula Vista? Yes Nom If yes, which official? 7. Has any person's identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $460 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past twelve (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No t,," If Yes, which official ** and what was the nature of item provided? Has any person* identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official ** of the City of Chula Vista in the past twelve (12) months? Yes Nom If Yes, identify the official ** and the nature of the income provided? Date: � /2 311Z 2 a 1 La Signature of Contractor /Applicant IV,,5-1 G 6 / 8.5' o Al Print or type name of Contractor /Applicant This Disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by the legislative body. * 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, and City employees or staff members. 276 Fourth Avenue Chula Vista California ! 91910 (619) 585 -5722 Revised 010714.DTD 2015 -04 -14 Agenda Packet Page 221 PDHQ Central Plant Controls Upgrade R.F.P. Information Proiect Description and Summary The PDHQ controls upgrade project will consist of upgrading and replacing (4) existing Circon UHC -300 chiller plant controllers, (4) 25 horsepower variable frequency drives (VFD' S) with bypass for condenser water pumps P -5 & P -6 and for secondary chilled water pumps P -3 & P -4, annual service / maintenance for chillers CH -1 and CH -2, eddy current testing of both condenser and evaporator tube bundles as well as mechanical brushing of the tubes, replacement of actuator and linkage for cooling tower condenser water modulating bypass valve as well as start -up, commissioning, verification of proper operation and training for City staff. Upon completion, the Optimum Energy equipment should be removed and all optimization processes will reside in the new supervisory controller and will function independently without any outside 3rd party involvement. Proiect Scope Chiller Plant controller replacement 1. Replace the (4) existing Circon UHC plant controllers 2. Provide and install new controllers to existing sensors and end devices 3. Replace well temperature sensors with new sensors as needed. 4. Provide as -built control drawings referencing the original drawings. 5. Provide programming to new controllers 1/0 points to existing JACE controller and plant sequence of operation. 6. Provide temporary manual operation of chiller plant during the controller change out. 7. Upon completion of project contractor is to provide a minimum of 8 hours of comprehensive operational controls training for City HVAC staL. 8. Provide point to point start -up and checkout of new system. 9. Validate and verify the control sequences for the following: a) Chiller /s (lead /lag), chiller failure alarm and switch over for CH -1 Trane /Turbocor retrofit and CH -2 Trane screw chiller. b) Pump /s (lead /lag), pump failure alarm and switch over for primary and secondary chilled water pumps P -1, P -2, P -3 & P -4 and condenser water pumps P -5 & P -6 c) VFD programming and sequence of operation. d) Modulating chilled water low flow de- coupler valve for Turbocor operation. e) Cooling tower isolation valves f) Cooling tower modulating 3 -way bypass valve 2015 -04 -14 Agenda Packet Page 222 Trane (Turbocor converted) Chiller Annual Service 1. Brush condenser and evaporator tubes. 2. Perform eddy current test on both condenser and evaporator tubes. Document and record findings. 3. Check for leaks. 4. Check main power supply voltages. 5. Check / tighten and inspect all electrical connections and terminals for hot spots and discoloration. 6. Check amperage per manufactures specifications. 7. Check DC bus voltage. 8. Check and verify operation of all system safety devices and interlocks. 9. Check IGV assembly operation. 10. Check control cabinet fan/s cooling operation. 11. Check motor cooling system. 12. Perform log check, review fault /s analysis, and analyze operation and performance of chiller. Trane Screw Chiller Annual Service Perform full annual service / maintenance per manufactures specifications. 2. Brush Condenser and evaporator tubes. 3. Perform eddy current test on both condenser and evaporator tubes. 4. Annual service should include the following: a) Document and record findings b) Perform oil Analysis. c) Replace oil filter. d) Check for refrigerant leaks. e) Check calibrate operating and safety controls. f) Check and calibrate flow switches devices. g) Perform controls test. h) Check main starter / and control panel i) Inspect and tighten j) Inspect and tighten electrical connections. k) Inspect contacts / wiring for hot spots and discoloration. 1) Meg compressor. m) Check oil sump heater operation. n) Perform log check, review fault /s analysis, and analyze operation and performance of chiller. 2015 -04 -14 Agenda Packet Page 223 Pump /s VFD Replacement 1. Remove existing failed VFD drives from pumps. 2. Provide and install (4) new 25- Horsepower variable frequency drives with bypass for secondary chilled water pumps and condenser water pumps. 3. Install, modify electrical conduit and connections for new VFD installation. 4. Provide Programming to VFD /S / pump /s per required plant sequence of operation. 5. Perform startup and commissioning of VFD drives, verify and validate the control sequences for chilled water secondary pumps P -3 & P -4 and condenser water pumps P -5 & P -6. 2015 -04 -14 Agenda Packet Page 224 RESOLUTION 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SAN DIEGO MECHANICAL ENERGY IN THE AMOUNT OF $62,128 TO UPGRADE THE CENTRAL PLANT CONTROLS AT THE POLICE HEADQUARTERS WHEREAS, the Chula Vista Police Headquarters Heating, Ventilation and Air Conditioning system (HVAC) originally constructed in 2003 has been operating continuously (7/24) since its construction providing the facility with thermal comfort and data center cooling; and WHEREAS, over the last 12 years it is estimated that the plant, air - handlers and, associated control systems are nearing over 100,000 hours of operation, many are reaching their end of life cycle and are in need of replacement or comprehensive maintenance; and WHEREAS, in 2008, the City implemented an energy conservation measure (ECM) to lower the electrical usage and consumption of energy by the HVAC (chilled water plant and air - handlers) at PDHQ by installing a multi (2) compressor variable speed system which could modulate and adapt to changes in building load; and WHEREAS, the ECM project did reduce energy consumption it lacked the integration of programs and communication between the existing Circon Building Automation System (BAS) and the proprietary TRAV and LOOP programs making it virtually impossible to make changes for proper operation and maintenance; and WHEREAS, this project's scope of work includes the replacement of the chiller plant's (BAS) controllers, failed and failing variable speed pump drives, extensive comprehensive maintenance and service to both chillers; and WHEREAS, a request for proposals was sent out to three (3) companies qualified to do the work and San Diego Mechanical Energy responded with the lowest comprehensive and best valued proposal; 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. NOW, THEREFORE BE IT RESOLVED the City Council of the City of Chula Vista; that it approves the agreement in the amount of $62,128 with San Diego Mechanical Energy to upgrade the HVAC central plant controls at the Police Headquarters, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which 2015 -04 -14 Agenda Packet Page 225 shall be kept on file in the office of the City Clerk, and authorizes and directs the Mayor to execute the same. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 226 CITY OF CHULA VISTA File #: 15 -0100, Item #: 8. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MULTIPLE PROPOSAL SUBMITTALS TO THE SAN DIEGO FOUNDATION AND THE SAN DIEGO REGIONAL CLIMATE COLLABORATIVE'S BUILDING REGIONAL RESILIENCE GRANT PROGRAM RECOMMENDED ACTION Council adopt the resolution. SUMMARY Climate change poses a serious challenge to Chula Vista and the greater San Diego region and expected local impacts include escalating temperatures and heat waves, changing precipitation patterns, rising sea levels, and increasing extreme natural events. To help better prepare local communities, the San Diego Foundation and the San Diego Regional Climate Collaborative have released a request for grant proposals to help build regional resilience to climate change. In response, City staff has worked with community partners to develop three proposals for submission. The proposals align with the City's current climate action strategies and will contribute to reducing future climate change - related risks and costs. 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 the activity consists of an administrative action involving the submittal of grant applications which will not result in a direct or indirect adverse physical impact to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Climate change poses a serious challenge to Chula Vista and the greater San Diego region. In 2011, the City of Chula Vista was the first jurisdiction in southern California to develop comprehensive strategies to reduce the future risk and associated costs from local climate change impacts. Expected local impacts include escalating temperatures and heat waves, changing precipitation patterns, rising sea levels, and increasing extreme natural events. These challenges were recently highlighted by the "San Diego, 2050 is Calling. How Will We Answer ?" report released by Climate Education Partners and the San Diego Foundation with a call to action for communities to work together and invest today in solutions to prepare for a changing climate. In late February, the San Diego Foundation and the San Diego Regional Climate Collaborative City of Chula Vista Page 1 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 227 File #: 15 -0100, Item #: 8. released a request for proposals for a new Building Regional Resilience grant program. The grant program is designed to help local governments and public agencies implement plans and projects that address local climate change impacts. As a result, City staff has worked with partner agencies and non - profit organizations to develop three grant proposals for submission. These proposals align with the City of Chula Vista's current climate action strategies and are outlined below: • Fire Training Facility Water Reuse Demonstration Project - $45,000 One of the most serious climate change impacts in our region will likely be diminished water supplies. The proposed project would fund the installation of a spray wall and water capture system at Fire Station #4 allowing water emitted during firefighting training exercises to be recycled. It is estimated that over 1,000,000 gallons will be reused annually. Because the facility trains personnel from multiple jurisdictions' fire departments, the project would also serve as a regional educational asset and align with new water reuse objectives in the regional Multi- Jurisdictional Hazard Mitigation Plan. Project partners include the Otay Water District. • South Bay Climate Ready Communities Project - $25,000 Climate change is predicted to disproportionally affect low- income and minority community members. The proposed project seeks to educate and to build capacity within these vulnerable populations through workshops, community surveys, and trainings for community - based organizations serving those populations, so that they are better prepared to respond to climate change. The project will target neighborhoods in Chula Vista and other South Bay cities that were recently identified as "disadvantaged" through the State of California's CalEnviroScreen Tool. Project partners include the Climate Action Campaign (Lead), National City, Port of San Diego, and local public health groups. • #Plan Diego Project - $75,000 To both mitigate and adapt to climate change, new development must be designed to be more efficient, compact, and resilient. The proposed project would fund events, trainings, and publications to broaden community engagement and education around smart growth. Project partners include Circulate San Diego (Lead), City of San Diego, American Planners Association (San Diego Chapter), and the Urban Land Institute. Proposals are due to the San Diego Foundation and the San Diego Regional Climate Collaborative by April 201h with funding announcements expected in late May. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that one of the grants, specifically, the Fire Training Facility Water Reuse Demonstration Project, would be site - specific. As such, 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 City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 228 File #: 15 -0100, Item #: 8. Community, Strong and Secure Neighborhoods and a Connected Community. The grant proposals support the Healthy Community goal as they seek to improve the community's resilience to climate change impacts. CURRENT YEAR FISCAL IMPACT If funded, the proposed project would have no net fiscal impact to the General Fund: one -time project expenditures would be offset by one -time grant revenues. ONGOING FISCAL IMPACT If funded, the proposed project would be a one -time activity, so there would be no ongoing fiscal impact associated with it. ATTACHMENTS Attachment A - Building Regional Resilience Grant Guidelines Staff Contact: Brendan Reed City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 229 1 TM The San Die . o Climate Foundation Collaborative Growing a Greater San Diego SAN DIEGO REGION Building Regional Resilience - Grant Guidelines Proposals due by noon on April 20, 2015 Building Regional Resilience - Summary of Opportunity San Diegans throughout the County have a long and rich history of local community pride and protection of our region's clean air and water, spectacular outdoors and quality of life. Our region boasts a world- renowned climate that supports many aspects of our regional economy and quality of life. But our region faces significant challenges, like others throughout the world, from the impacts of climate change on the health and well -being of today's communities and future generations. The "San Diego, 2050 is Calling. How Will We Answer ?" report released in 2014 by Climate Education Partners and The San Diego Foundation outlines many of those challenges, with a call to action for communities to work together and invest today in solutions to manage those risks and prepare for a changing climate. It is with this in mind that The San Diego Foundation is partnering with the San Diego Regional Climate Collaborative to help local governments prepare for climate change. This partnership reflects a broader effort by The San Diego Foundation to protect and enhance our region's environment and quality of life around four core areas - Work, Enjoy, Live and Learn (WELL) - embodied in Our Greater San Diego Vision. The San Diego Foundation and the San Diego Regional Climate Collaborative issue this request for grant proposals to help local governments and public agencies build resilience to climate change. Primary goals of these grants are to support projects that: Advance community efforts to prepare for climate change and put the San Diego, 2050 is Calling. How Will We Answer? report into action. 2. Build capacity of local governments and public agencies to develop or implement plans and policies that address the local impacts of climate change AND /OR advance on- the - ground projects that prepares the community for the local impacts of climate change. 3. Specifically address (1) communities most vulnerable to climate change impacts, (2) public health risks worsened by climate change, (3) implementation of water reuse, conservation programs or urban greening measures, (4) implementation of the San Diego Bay Sea Level Rise Adaptation Strategy or new, climate - related measures in the 2015 San Diego Multi - Jurisdictional Hazard Mitigation Plan, or (5) cost - benefit analysis of resilience strategies to advance decision - making. Total available funding for this grant program is approximately $200,000, from which applicants may request between $20,000 to $100,000. Project partnerships and collaborations are strongly encouraged to maximize impact. Approximately $40,000 of the $200,000 must fund activities that address the economic or public health implications of a changing climate (for example, conducting a cost - benefit analysis of relevant policies, partnerships with the private sector to advance key aspects of the project, or conducting a vulnerability assessment and action plan to address community health risks from heat waves, wildfires or coastal flooding). 2015 -04 -14 Agenda Packet Page 230 Overall Grant Timeline: Monday, March 2nd Grant seekers webinar for interested applicants. Please RSVP to at noon -1 pm kimf@sdfoundation.ora for simple log -in instructions. As requested, Staff from The San Diego Foundation or Climate Collaborative will be February 12 through available throughout the process to discuss project ideas or answer April 20 questions. Please feel free to contact us! Email Kim Fields at kimf@sdfoundation.ora to set up a time. March 16, 2015 at Informal Letters of Interest (LOI) due from interested applicants. LOIs are not required, but are encouraged in hopes we can provide early feedback on noon proposal ideas. Instructions for LOIs are on the following page. April 20, 2015 at Proposals due. Instructions on proposal requirements and how to submit are noon on the following page. Proposals reviewed by The San Diego Foundation staff, volunteers and April 21 - May 7 Climate Collaborative staff. Further information from applicants may be requested by email or through a brief interview with applicants. Week of May 18 Grant awards announced. June 1, 2015 Grants period starts (grant period will be for up to 18 months). Preference will be given to projects that also incorporate as many of the below as possible: • Collaboration with more than one city /public agency to address shared challenges and avoid duplication of efforts. • Likelihood to leverage other public or private funding. • Engagement of community residents in decision - making or project implementation through municipal activities or partnerships with community -based organizations. • Commitment to share lessons learned with other agencies by working with the Climate Collaborative or other means to disseminate results and share findings. • Involvement of an AmeriCorps member from the statewide CivicSpark program to help on implementation of the project. • Likelihood of completion within 18 months. Important eligibility information for all applicants: The lead applicant must be a local government (city or county) or public agency serving within San Diego County, though collaboration with other agencies, community -based organizations or nonprofits is highly encouraged. A nonprofit may lead an application if there is strong evidence of collaboration with local government(s) or public agency(ies), including letters of commitment to confirm their partnership. Ineligible Projects: Projects that are primarily research -based or lacking practical application. Projects without a local government (city or county) or public agency as lead or without demonstrated commitment from local governments or public agencies. 2015 -04 -14 Agenda Packet Page 231 A completed letter of interest includes the following sent to kerri @sdfoundation.org by noon on March 16th: A one page letter on organizational letterhead summarizing (a) the lead organization(s) and proposed project name, (b) a brief description of project purpose and goals, (c) collaborating organizations, (d) the amount requested, and (e) contact information including name, title, telephone number and email for the person serving as primary grant contact. Please note, these LOIs are encouraged but not required and submitting an LOI does not commit your organization to applying for that project. A completed proposal includes the following sent to kerri @sdfoundation.org by noon April 20th: A cover letter summarizing the lead organization(s) and proposed project name, a brief description of project purpose and goals, collaborating organizations, the amount requested, and contact information including name, title, telephone number and email for the person serving as primary grant contact. 2. A PDF narrative no longer than seven pages including the following (in this order, where possible): a. A summary of your agency's key goals, policies or past activities to address climate change. b. A summary of the proposed program description, timeline and expected outcomes with the following components: • Proposed project goals and purpose. • A description of how your project will help to achieve the aforementioned three goals of this Building Regional Resilience program. ■ Specific tasks and anticipated timeline for activities the grant will fund. ■ Proposed metrics that will be used to evaluate the project's impact, for example: Plan or policy adopted by certain date; # community residents engaged; cost - benefit analysis completed for # adaptation measures. ■ Related city plans, policies or programs this project will help to develop or implement (e.g. element of general plan, climate action plan, local coastal plan) c. A description of roles, responsibilities and qualifications of personnel critical to the project's success (key personnel at both the lead and collaborating organizations). d. A description of your plan for community engagement. e. A bulleted list of co- benefits this project will have for your agency or community. 3. Additional required attachments (not included in the seven pane maximum): a. A project budget with a brief narrative. Include total project cost, requested amount from The San Diego Foundation, and other secured, in -kind or anticipated funding. b. Collaborations should include brief letters of confirmation from each partner. Please submit your completed proposal including cover letter, narrative PDF and attachments to Kerri Favela at kerri @sdfoundation.org by noon on April 20th. Please include the name of the lead applicant in the file name of your PDF and attachments, and ensure all attachments do not total more than l OMB in size. Relevant reference materials: • San Diecio, 2050 is Callinci. How Will We Answer? • Climate Adaptation Knowledge Exchange (CAKE) for adaptation case studies • Other Foundation - funded research to understand the local implications of climate change • City Resilience Framework from 100 Resilient Cities and Rockefeller Foundation • Sea Level Rise Adaptation Strategy for San Diego Bay • San Diego Multi- Jurisdictional Hazard Mitigation Plan and related climate change trainings • Statewide CivicSpark website or San Diego -based CivicSpark project examples • Urban Sustainability Directors Network's Innovation Products, Tools and Strategies 2015 -04 -14 Agenda Packet Page 232 About the review process: Proposals will be reviewed by a committee comprised of staff from The San Diego Foundation and the Climate Collaborative, as well as volunteers from The San Diego Foundation's Climate Initiative Advisory Committee and /or the San Diego Regional Disaster Fund Board. The committee will evaluate proposals based on relevance to the goals and preferences listed above, as well as merits presented in answering the proposal questions. The committee will adhere to a strict conflict of interest policy and other internal controls to ensure that grant funding is distributed in an objective manner based on the merits of each proposal. The Committee will submit final recommendations to The San Diego Foundation's Board of Governors for final review and approval. Interested but need more information? Not sure whether to apply? Want to find other local government or nonprofit partners for your project? Join us for a grantseekers webinar on Monday, March 2nd from noon to 1 pm. Foundation and /or Climate Collaborative staff will also be available by appointment to answer questions or discuss proposal ideas. Please contact kimMsdfoundation.ora to sign up for either. For more information or any questions, contact: Nicola Hedge Laura Engeman Director, Environmental Initiatives Manager The San Diego Foundation San Diego Regional Climate Collaborative 619.235.2300 949 -361 -8929 nicolaMsdfoundation.ora IenaemanMsandieao.edu 2508 Historic Decatur Rd, Ste 200 San Diego, CA 92106 Thank you! This grant cycle and other projects of The San Diego Foundation's Climate Initiative would not be possible without ongoing guidance from volunteers on the Climate Initiative Advisory Committee, as well as generous support from philanthropic partners such as the Kresge Foundation, Qualcomm Foundation, Marisla Foundation, Engel Family Fund, Bank of America, and Blasker -Mich Rose Fund, as well as other individual donors and partner organizations. 2015 -04 -14 Agenda Packet Page 233 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MULTIPLE PROPOSAL SUBMITTALS TO THE SAN DIEGO FOUNDATION AND THE SAN DIEGO REGIONAL CLIMATE COLLABORATIVE' S BUILDING REGIONAL RESILIENCE GRANT PROGRAM WHEREAS, climate change poses a serious challenge and the City of Chula Vista was the first jurisdiction in southern California to develop comprehensive strategies to reduce the future risk and associated costs from local climate change impacts, WHEREAS, expected local impacts include escalating temperatures and heat waves, changing precipitation patterns, rising sea levels, and increasing extreme natural events, WHEREAS, the San Diego Foundation and the San Diego Regional Climate Collaborative released a request for proposals for a new Building Regional Resilience grant program to help local governments and public agencies implement plans and projects that address local climate change impacts, and WHEREAS, City staff has worked with partner agencies and non - profit organizations to develop three grant proposals for submission, which align with the City of Chula Vista's current climate action strategies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves submittal of multiple proposals to the San Diego Foundation and the San Diego Regional Climate Collaborative's Building Regional Resilience grant program. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Public Works Director City Attorney 2015 -04 -14 Agenda Packet Page 234 CITY OF CHULA VISTA File #: 15 -0103, Item #: 9. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) (Continued from March 17, 2015) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Association of Governments (SANDAL) notified all local agencies that requests for third amendments to the 2014 Regional Transportation Improvement Program (RTIP) may be submitted beginning January 30, 2015. Signed resolutions supporting the request must be submitted to SANDAG by March 20, 2015. Staff recommends several adjustments to the TransNet allocations adopted as part of the 2014 RTIP in order to included proposed new projects in the City's Fiscal Year 2015 -16 Capital Improvement Program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, consisting of approval to submit a funding request for various TransNet Projects to SANDAL, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary at this time. Although environmental review is not necessary at this time, once the scope of the individual projects proposed to be funded have been more specifically defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD /COMMISSION RECOMMENDATION Not applicable. DISCUSSION City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 3 Printed on 4/9/2015 powered by LegistarT"^ Page 235 File #: 15 -0103, Item #: 9. Background On May 6, 2014, Council adopted the Chula Vista portion of the 2014 RTIP through adoption of Resolution 2014 -066 (Attachment 1). SANDAG provided the member agencies with the most recent version of the financial projection for Fiscal Years 2014 -15 through 2018 -19. This projection was used to plan the City's TransNet allocation program for the next five years. The 2014 RTIP was approved by the SANDAG Board of Directors on September 26, 2014. Council subsequently approved an amendment to the 2014 RTIP through adoption of Resolution No. 2014 -222 on November 18, 2014 (Attachment 2). The first amendment to the 2014 RTIP was approved by the SANDAG Transportation Committee on January 16, 2015. The proposed revision to the City's TransNet allocations is provided in the attached spreadsheet (Attachment 3). The amounts allocated for Fiscal Year 2014 -15 reflect the original 2014 RTIP, the changes made in the first amendment, as well as changes proposed in this amendment. For Fiscal Years 2015 -16 through 2018 -19, the estimated annual allocation reflects the TransNet revenue forecasts calculated as of January 30, 2015. Changes to Fiscal Years 2014 -15 and 2015 -16 This item originally included three resolutions regarding the RTIP Amendment that were proposed for adoption on March 3, 2015. A public hearing was conducted on that date and two of the resolutions were adopted by Council. Because the Third Avenue Phase 3 project required a 4 /5ths vote, it needed to be continued to the meeting of March 17, 2015. Since a 4 /5ths vote could not be obtained on March 17, this item has been continued to April 14, 2015. This project was originally established to cover the matching funds needed for Phase 2 of the project. Additional funds ($150,000 in Fiscal Year 2014 -15 and $150,000 in Fiscal Year 2015 -16) are needed to begin design of Phase 3 of this project, which is generally located between E Street and F Street. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and found that property - related conflicts of interest exist, in that Mayor Mary Casillas Salas has property holdings within 500 feet of the boundaries of the properties which are the subject of this action and that project is related to new construction that may have a reasonably foreseeable financial effect on such property holding. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The TransNet Local Street Improvement Program supports the Strong and Secure Neighborhood strategy in the City's Strategic Plan. It provides funding for the maintenance and rehabilitation of public infrastructure, which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the establishment of a new CIP, STL406, and the appropriation of $150,000 in Fiscal Year 2014 -15 to STL -406. There are sufficient TransNet funds available for this appropriation. Changes that result in a fund allocation for Fiscal Year 2015 -16 will be approved as part of the Fiscal Year 2015 -16 City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 236 File #: 15 -0103, Item #: 9. Capital Improvement Program. There are sufficient funds available in current and projected TransNet allocations for the allocation in Fiscal Year 2015 -16. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Since the improvements are anticipated to increase the life of the street included, there should be a positive long term fiscal impact. ATTACHMENTS 1. Resolution No. 2014 -066 2. Resolution No. 2014 -222 3. TransNet Allocation FY 2016 -2019 Staff contact: Elizabeth Chopp, Senior Civil Engineer City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 237 RESOLUTION NO. 2014 -066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMN IITY STATEMENTS NECESSARY TO OBTAIN` TRANSNET FUN q:)S WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan ( TransNet Extension Ordinance); and WHEREAS. the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission ("Commission "), shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2014 the City of Chula Vista ( "City ") was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2015 through 2019, and WHEREAS, staff recommends adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) as shown on the attached table (Exhibit A); and WHEREAS. Section 5(A) of the TransNet Ordinance ("Section 5A ") requires each local agency to hold a public hearing on the proposed list of projects prior to submitting the project list to the Commission for approval; and WHEREAS. the City published notice that it would hold a public hearing to consider the approval of the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2016 through 2018 /2019 for inclusion in the Regional Transportation Program ( "Notice"); and 'vVHEREAS. on the time, date, and at the location identified in the notice. namely May 6th; 2014 at 2:00 p.m. in the City Council Chambers, and in accordance with Section 5(A) and Rule 7 of SANDAG Board Policy No. 31. the City of Chula Vista held a public hearing agenda item on the City Council Agenda clearly identified the purpose of the hearing and the proposed list of projects; and WHEREAS, prior to approval of the Amendment. City Council considered all of the evidence presented in written and oral form. 2015 -04 -14 Agenda Packet Page 238 Resolution No. 2014 -066 Page 2 NOW_ THEREFORE; BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance; the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance - related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAL. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNel revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 3l have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify; hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 as shown on Exhibit A for inclusion in the RTIP. 2015 -04 -14 Agenda Packet Page 239 Presented by Resolution No. 2014 -066 Page 3 Approved as to form by Richard A. Hopkins Glen R. GooQing Director of Public Works Ci r Anorne� PASSED, APPROVED, and ADOPTED by the City Council of the City_ of Chula Vista. California, this 6th day of May 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Council members: None ABSENT: Councilmembers: None Cheryl Cox. IV ayor ATTEST: i 0 Donna R. Norris, CMC. City Clerk STATE OF CALIFORNIA } COUNTY OF SALT DIEGO } CITY OF CHULA VISTA } I. Donna R. Norris. City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2014 -066 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May 2014. Executed this 6th day of May 2014. Donna R. Norris, CMC, City Clerk 2015 -04 -14 Agenda Packet Page 240 E W H W 0 oo z t= 0 O - TRANSNET ALLOCATION - FY 2015 THROUGH FY 2019 tltti� MI M'011 10PROJ r_CTE�� ,�1 R� IPi !l P 9 0 } I�F�Y (�I„4 161 �EY � 6� I P� M 000VN3J1 1 il+ 121,811iM Estimated Annual Allocation $5,522,000 $5,739,000 $5,965,000 $6,200,000 $6,512,000 Closed Projects + Unallocated Carryover + Remainder $1,506,275 $998,220 Major Pavement Rehabilitation (Overlays) (STM379)(STM383) CHV48 $2,451,003 $3,050,000 $3,996,000 $4,221,000 $4,396,000 Traffic Signal System Optimization (TF350) CHV39 $141,000 $125,000 $100,000 $125,000 $100,000 South Broadway Improvements (STM367)(STM381) CHV54 $1,600,001 $550,000 1 -805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356) CHV44 $40,000 $40,000 $40,000 $40,000 New Sidewalks: Oxford, Moss and Palomar Streets (STL366, 369) CHV58 $979,900 $500,000 $250,000 $526,000 Naples St. New Sidewalks (STL367) CHV59 $408,318 $250,000 Traffic Signal Upgrade: Third & Naples; Industrial & Anita, Mass, Naples, Hilltop & L, Fourth & J (TF382, TF319, TF383) CHV60 $250,000 $500,000 $250,000 $500,000 Minimum Required Congestion Relief $4,781,039 $4,156,054 $4,175,500 $4,340,000 $4,558,400 SUBTOTAL Congestion Relief $5,580,222 $4,765,000 $4,636,000 $4,886,000 $5,562,000 Bikeway Master Plans (STL404)(S'I'M384) CHV53 $115,000 $150,000 Congestion Relief (TF354) CHV43 $66,529 $75,000 $75,000 $75,000 $75,000 Lmergency Storm r3rain and Bridge Culvert Repair (DR198)(STM385) CHV50 $275,000 $300,000 $350,000 $300,000 $300,000 Neighborhood Traffic /Ped Safety Program (TF327) CH V34 $122,220 $129,000 $150,000 $50,000 School Zone Traffic Calming (E. H St.) (TF345, STM380) CHV33 $109,304 $75,000 $75,000 $75,000 $75,000 Minor Pavement Rehabilitation Program (011219) CFIV06 $150,000 $100,000 $200,000 $150,000 Advance Planning Studies (OP202) CHV22 $134,000 $80,000 $80,000 $80,000 $80,000 Traffic Monitoring Program (TF274, TF321) CI-I V45 $100,000 $70,000 $70,000 $70,000 $70,000 Traffic Signing and Striping (TF332)(STM369)(TF385), Studies & Signal/Streetlight Upgrade (TF366) and Maint. CI-IV35 $150,000 $150,000 $150,000 $150,000 Claire Ave. /I Street Drainage Improvements (DRi91) CI-IV66 $100,000 Main Street Streetscape Master Ilan (S`I'M378) CI -I V71 $50,000 ADA Curb Ramps (STL405) CI-IVNew $300,000 $300,000 $214,000 SUBTOTAL Alaintenance $1,249,833 $1,172,220 $1,329,000 $1:,314,000 $950,1100 TOTAL- $6,830,055 $5,937,220 $5,965,000 $6,200,000 $6,512,000 REMAINING FUNDS $198,220 $0 $0 $0 $0 Revised 414114 2015 -04 -14 Agenda Packet Page 241 RESOLUTION NO. 2014 -222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION 1N THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AUTHORIZING THE TRANSFER OF FUNDS AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAII`i TRANSNET FUNDS. AND AMEI`iDIN IG THE FISCAL YEAR 2014115 BUDGET ACCORDINGLY 'A'-HEREAS. on November 4. 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance): and WHEREAS. the TransAlet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission. shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransAlet) funds; and WHEREAS. in February 2014. the City of Chula Vista was provided with an estimate of annual TransAlet local street improvement revenues for Fiscal Years 2015 through 2019; and WHEREAS, staff adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation- Improvement Program (RTIP) on Mav 6.2014 through passage of Resolution 2014 -066; and WHEREAS, San Marcos Place is located adjacent to Jamul Avenue, which is part of a pavement overlay project (STM379) being funded by CHV48. San Marcos Place is currently not included on the list for either ST1\4379 or the' RTIP under project CHV48. Staff recommends that San Marcos Place be added to the STM379 list and CHV48-. and WHEREAS, staff recommends various fund transfers bet—Ween projects funded by TransNet in order to cover costs to be incurred during Fiscal Year 2014/2015. These proposed transfers are shown on Exhibit A; and WHEREAS. the City of Chula Vista has held a noticed public meeting on November 18, 2014, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransAlet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. 2015 -04 -14 Agenda Packet Page 242 Resolution No. 2014 -222 Page No. 2 NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransAlet Extension Ordinance, the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance- related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransAret Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransAret revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted b-, SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransAret Extension Ordinance, the City of Chula Vista certifies that it will collect 52,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransAret Extension Ordinance, the City of- Chula Vista certifies that it has established a separate Transportation Improvement Account for TransAret revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransAret project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TiwnsAret Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransAret funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopt the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the RTIP and authorize the transfer of funds as shown on Exhibit A. 2015 -04 -14 Agenda Packet Page 243 Resolution No. 2014 -222 Page No. 3 BE IT FURTHER RESOLVED that the Cite Council of the City of Chula Vista approve the following budget appropriations and/or transfers in the CIP Projects expense category in the Fiscal Year 201 5 budget to reflect the proposed chances to the RTIP: 11 Transportation Sales Tax 5TM -383 $ (1,143,780) Transportation Sales Tax TF -344 $ 100,000 Transportation Sales Tax STM -379 $ $3$,505 Transportation Safes Tax STL -406 $ 205,275 Transportation Safes Tax STM -373 $ (130,000) Transportation Sales Tax SW -266 $ 180,OC!0 Transportation Safes Tax STM -381 $ {94,725} Transportation Safes Tax STL -406 $ 44,725 Subtotal Fund 227 $ - Western MF STM-381 $ 94,725 Subtotal Fund 593 Total Appropriations $ 94,725 $ 94,72-5 Presented by Approved as to form by 2015 -04 -14 Agenda Packet Page 244 Resolution No. 2014 -2?? Page No. 4 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan. Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M yor / ATTEST: Donna R. Norris, C117i'C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, Donna R. Norris; City Clerk of Chula Vista; California, do hereby certify that the foregoing Resolution No. 2014 -222 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2014. Executed this 18th day of November 2014. Donna R. Norris, CMC, City Clerk 2015 -04 -14 Agenda Packet Page 245 Resolution No. 2014-2222 PaQe No. 5 EXIMIT A TRAIN'SNET FUND TRANSFERS TO FROM PRO T M- XSTI- WHIPLO-0 Of, ti70 T t-MMOT-i -9--13T-M W-m-p-9-D YON STM379 CR CH-V48 5838.505 STN4383 CR CH-V48 5838.505 4 4 K2 t�GW 43b P-89RCt IM 100 SW266 CR CHN'48 5180,000 S TN 1 73 CR CHV48 S180.000 NMIMUS—& EMPIRE 2015-04-14 Agenda Packet Page 246 ATTACHMENT 3 TRANSNET ALLOCATION - FY 2016 THROUGH FY 2019 PROJECT MPO ID FY 14/15 $5,522,000 FY 15116 FY 16117 FY 17118 FY 18119 Estimated Annual Allocation $5,886,000 $6,178,000 $6,492,000 $6,818,000 Closed Projects + Unallocated Carryover+ Remainder $1,506,275 $1,231,000 $0 $0 $0 Major Pavement Rehabilitation (Overlays /Reconstruct) CHV48 $2,351,003 $4,000,000 $4,000,000 $4,200,000 $4,500,000 Traffic Signal System Optimization (TF350) CHV39 $141,000 $75,000 $150,000 $150,000 $150,000 South Broadway Improvements (STM367)(STM381) CHV54 $1,600,001 $50,000 1 -805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356) CHV44 $100,000 $40,000 $40,000 $40,000 New Sidewalks (STL366, STL369) CHV58 $979,900 Naples Street New Sidewalks (STL367) CHV59 $408,318 Bikeway Facilities Gap Projects CHV70 $50,000 $50,000 $50,000 $50,000 Third Avenue Streetscape Phases II and III (STL406) CHV73 $150,000 $150,000 Traffic Signal System Plan (TSM /TDM) CHV64 $250,000 SANDAG Main Street Fiber Optics (TFNew) CHVNew $400,000 Traffic Signal Upgrade CHV60 $300,000 $500,000 $400,000 Minimum Required Congestion Relief $4,886,039 $4,981,900 $4,324,600 $4,544,400 $4,772,600 SUBTOTAL Congestion Relief $5,730,222 $4,975,000 $4,540,000 $4,940,000 $5,140,000 Bikeway Master Plans (STLNew) CHV53 $115,000 $50,000 Congestion Relief Study/ Implementation CHV43 $66,529 $75,000 $75,000 $75,000 mergency onn ram and Bridge Culvert Kepair (DR198)(STM385) CHV50 $375,000 $430,000 $400,000 $400,000 $400,000 Neighborhood Traffic/Ped Safety Program (TF327, TFNew) CHV34 $400,000 $150,000 $150,000 $150,000 School Zone Traffic Calming (E. H St.) (TF345, TF384,TFNew) CHV33 $109,304 $154,000 $70,000 $70,000 $70,000 Minor Pavement Rehabilitation Program (OP219) CHV06 $50,000 $361,000 $361,000 $701,000 Advance Planning Studies (OP202) CHV22 $134,000 $32,000 $32,000 $32,000 $32,000 Traffic Monitoring Program (TFNew, TF321) CHV45 $100,000 $186,000 $50,000 $50,000 $50,000 Traffic Signing and Striping (TF332)(TFNew), Studies & Signal /Streetlight Upgrade (TF366) and Maint. CHV35 $325,000 $200,000 $200,000 $200,000 Raised Median Improvements (TFNew) CHVNew $440,000 Claire Ave. /I Street Drainage (DR 191) CHV66 $0 Main St. Streetscape Master Plan (STM378) CHV71 $50,000 Sweetwater River Pathway Study (STLNew) CHVNew $75,000 ADA Curb Ramps (STL405) CHV75 $300,000 $300,000 $214,000 SUBTOTAL Maintenance $1,249,833 $2,142,000 $1,638,000 $1,552,000 $1,678,000 TOTAL $6,980,055 $7,117,000 $6,178,000 $6,492,000 $6,818,000 REMAINING FUNDS $48,220 $0 $0 $0 $0 2015 -04 -14 Agen ftVI%VT�/l6 /15 Page 247 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406) ", APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2015 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, Council adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) on May 6, 2014 through passage of Resolution 2014 -066; and WHEREAS, Council subsequently adopted the modification of the Chula Vista portion of the 2014 RTIP on November 18, 2014 through passage of Resolution 2014- 222; and WHEREAS, in order to initiate design for Phase 3 of the Third Avenue Streetscape Project, the FY 2014/15 CIP must be amended to include a new CIP project STL406 and appropriate $150,000 from the available balance of the TransNet Fund to STL406. Additional funding of $150,000 will also be requested in Fiscal Year 2015 -16; and 2015 -04 -14 Agenda Packet Page 248 Resolution No. Page 2 WHEREAS, the City Of Chula Vista has held a noticed public meeting on March 3, 2015, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance - related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5 -year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAL. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAL, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. 2015 -04 -14 Agenda Packet Page 249 Resolution No. Page 3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista amends the Fiscal Year 2014/2015 CIP budget by establishing a new CIP project, "Third Avenue Improvement Project Phase 3 (STL406) ", approves a revenue offset appropriation of $150,000 to the CIP Project expense category of the Transportation Sales Tax Fund (TransNet) for CIP STL406, and allocates this amount to CHV73 in the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the RTIP. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 250 CITY OF CHULA VISTA File #: 15 -0113, Item #: 10. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) COMBINATION SEWER CLEANING TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE CITY OF VENTURA BID NUMBER B- 130000153 AND PURCHASE ORDER NUMBER 100002553, AND THE CITY OF ESCONDIDO BID NUMBER 13 -07, 2014 AND PURCHASE ORDER NUMBER ESC - 0000034389 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Fiscal Year 2014 -15 Sewer Service Revenue Fund budget provides for the replacement of two 2008 International Vactor combination sewer cleaning trucks. The City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of Ventura bid for one truck and a City of Escondido bid for another truck on favorable terms and pricing. 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 -15 Sewer Service Revenue Fund budget provides for the replacement of two 2008 International Vactor combination sewer cleaning trucks. Due to the unique nature of this equipment, wastewater maintenance staff conducted extensive research into the types of equipment available in the industry, and evaluated each prospective piece of equipment for its functionality and suitability for its intended purpose. Equipment built by three different manufacturers was evaluated during this process. Staff determined that the equipment manufactured by GapVax, Inc., and sold by Plumber's Depot, Inc., best meets the needs of the department. Current purchase orders for such trucks have been issued by the City of Ventura and by the City of Escondido. In the past, the City of Chula Vista has entered into purchasing agreements with various agencies for City of Chula Vista Page 1 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 251 File #: 15 -0113, Item #: 10. miscellaneous pieces of equipment. The City of Ventura and the City of Escondido separately issued bid specifications, and as a result of the size of the municipalities, received favorable terms and pricing based upon volume discounts. The City of Chula Vista has an opportunity to take advantage of the City of Ventura and City of Escondido bids and realize these cost benefits. Purchasing staff concurs in this assessment. Replacing the two existing sewer cleaning trucks at this time will yield improvements in the ability of the Wastewater Maintenance program to maintain the City's assets that are represented by sewer lines, and will lead to lower costs of maintaining such assets in the immediate future, and to extend the useful life of these assets. 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. This action supports the goal of providing Healthy Communities, as having service vehicles in good working condition allows staff to maintain and operate community and neighborhood wastewater facilities. CURRENT YEAR FISCAL IMPACT The net total cost including taxes is $828,564. Sufficient funds have been budgeted in the current fiscal year budget. There is no net fiscal impact to the General Fund approving this resolution. ONGOING FISCAL IMPACT Since these are replacement vehicles for existing aging fleet, maintenance costs are already included in the current fiscal year budget. There is no additional ongoing fiscal impact as a result of approving this resolution. ATTACHMENTS None Staff Contact: Steve Dorsey, Fleet Manager, Public Works City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 252 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) COMBINATION SEWER CLEANING TRUCKS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF VENTURA BID NUMBER B- 130000153 AND PURCHASE ORDER NUMBER 100002553, AND CITY OF ESCONDIDO BID NUMBER 13 -07, 2014 AND PURCHASE ORDER NUMBER ESC - 0000034389 WHEREAS, the Fiscal Year 2014 -15 Sewer Service Revenue Fund budget provides for the replacement of two 2008 International Vactor combination sewer cleaning trucks; and WHEREAS, the City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, the City has an opportunity to participate in a current City of Ventura bid for one truck and a City of Escondido bid for another truck on favorable terms and pricing; and WHEREAS, replacing the two existing sewer cleaning trucks at this time will yield improvements in the ability of the Wastewater Maintenance program to maintain the City's assets that are represented by sewer lines, will lead to lower costs of maintaining such assets in the immediate future, and will help extend the useful life of these assets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the purchase of two (2) combination sewer cleaning trucks in accordance with the terms and conditions of City of Ventura bid number B- 130000153 and purchase order number 100002553, and City of Escondido bid number 13 -07, 2014 and purchase order number esc- 0000034389. Presented by Approved as to form by Richard A. Hopkins Director of Public Works /City Engineer Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 253 CITY OF CHULA VISTA File #: 15 -0115, Item #: 11. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING ALL BIDS FOR THE "OUTDOOR SOCCER ARENA RENOVATIONS" (PR322) PROJECT AT SALT CREEK PARK AND DIRECTING STAFF TO RE- ADVERTISE THE PROJECT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 21, 2015, the Director of Public Works received two (2) sealed bids for the "Outdoor Soccer Arena Renovations" (PR322) project at Salt Creek Park. Upon reviewing the bids, staff determined the bids were non - responsive. It is recommended that council reject the two bids and direct staff re- advertise the project. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with 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 it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. BOARD /COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Soccer Arena Renovation project at Salt Creek Park includes the removal, replacement and installation of a new synthetic turf field and the repair, replacement or installation of additional fencing to enclose the spectator and goal areas of the arena and secure the facility. The Salt Creek soccer arena was opened in 2006 as a part of the Salt Creek Park and Recreation Center. The arena is one of kind in Chula Vista and is used seven days a week for Recreation programming. The field is heavily used by soccer teams with community use taking advantage of breaks between scheduled events. This asset has reached the end of its useful life cycle requiring restoration. The constant use of the soccer arena has contributed to substantial wear and tear of the synthetic turf. The Public Works Department on December 26, 2014 advertised the "Outdoor Soccer Arena Renovations" (PR322) project at Salt Creek Park. On January 21, 2015, the Director of Public Works received two (2) sealed bids for the "Outdoor Soccer Arena Renovations" project. Upon reviewing the bids, staff determined the bids were non - responsive. The bid proposal submitted by Sports Surfacing City of Chula Vista Page 1 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 254 File #: 15 -0115, Item #: 11. Distributing is non- responsive because the Contractor did not meet the Contractor's license requirement for this contract. The bid proposal submitted by Asphalt, Fabric & Engineering is non- responsive because the Contractor did not list the percentage of subcontract work to be performed by subcontractor as required on the "List of Subcontractor" form for this contract. It is recommended that Council reject the two bids and staff to re- advertise the project. Bids received from contractors were as follows: DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The renovation of the outdoor soccer arena at Salt Creek Park supports the Healthy Community goal by sustaining a safe and well maintained field within the community for recreational opportunities that residents can enjoy. CURRENT YEAR FISCAL IMPACT The current budget includes $145,000 in one- time funding from the settlement related to TUT from wireless customers. There is no General Fund impact anticipated. ONGOING FISCAL IMPACT None at this time, however, when the project is successfully bid and ready for award, staff will return to Council to award the contract and provide estimated on -going maintenance costs at that time. ATTACHMENTS None Staff Contact: Silvia Cosio, Sr. Management Analyst, Public Works City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 255 Contractor BID 1 Sports Surfacing Distributing $142,490.90 2 Asphalt, Fabric & Engineering $159,449.00 DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The renovation of the outdoor soccer arena at Salt Creek Park supports the Healthy Community goal by sustaining a safe and well maintained field within the community for recreational opportunities that residents can enjoy. CURRENT YEAR FISCAL IMPACT The current budget includes $145,000 in one- time funding from the settlement related to TUT from wireless customers. There is no General Fund impact anticipated. ONGOING FISCAL IMPACT None at this time, however, when the project is successfully bid and ready for award, staff will return to Council to award the contract and provide estimated on -going maintenance costs at that time. ATTACHMENTS None Staff Contact: Silvia Cosio, Sr. Management Analyst, Public Works City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 255 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING ALL BIDS FOR THE "OUTDOOR SOCCER ARENA RENOVATIONS" (PR322) PROJECT AT SALT CREEK PARK AND DIRECTING STAFF TO RE- ADVERTISE THE PROJECT WHEREAS, the Soccer Arena Renovation project at Salt Creek Park includes the removal, replacement and installation of a new synthetic turf field and the repair, replacement or installation of additional fencing to enclose the spectator goal areas of the arena and secure the facility; and WHEREAS, on January 21, 2015, the Director of Public Works received two (2) sealed bids for the "Outdoor Soccer Arena Renovations" (PR322) project at Salt Creek Park; and WHEREAS, the City received bids from two (2) contractors as follows: WHEREAS, Staff reviewed the two (2) bids and determined that both bids were unresponsive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it reject all bids for the "Outdoor Soccer Arena Renovations" (PR322) project at Salt Creek Park and direct staff re- advertise the project. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 256 CONTRACTOR BID 1 Sports Surfacing Distributing $142,490.90 2 Asphalt, Fabric & Engineering $159,449.00 WHEREAS, Staff reviewed the two (2) bids and determined that both bids were unresponsive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it reject all bids for the "Outdoor Soccer Arena Renovations" (PR322) project at Salt Creek Park and direct staff re- advertise the project. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 256 CITY OF CHULA VISTA File #: 15 -0116, Item #: 12. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) VEHICLES FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 AND ONE (1) VEHICLE FROM ALTEC, INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 031014 AND APPROPRIATING $180,000 TO THE EQUIPMENT REPLACEMENT FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City has an opportunity to participate in a current National Joint Powers Authority (NJPA) bid on favorable terms and pricing to purchase vehicles from National Auto Fleet Group in accordance with the terms and conditions of Bid Number 102811 and from Altec, Inc. in accordance with the terms and conditions of Bid Number 031014. The Public Works Department is recommending the purchase two (2) compact hybrid sedans from National Auto Fleet Group under NJPA Bid 102811 and an aerial man -lift truck from Altec, Inc. under NJPA Bid 031014. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary BOARD /COMMISSION RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. Fleet staff has conducted research on vehicle costs and has determined that the bids from the National Joint Powers offer favorable terms and pricing. The Public Works Departments is requesting authorization to purchase two (2) vehicles from National Auto Fleet Group under NJPA Bid 102811 and one vehicle from Altec, Inc. under NJPA Bid 031014. The vehicle assigned to the Open Space Manager was damaged in a traffic collision, such that the City of Chula Vista Page 1 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 257 File #: 15 -0116, Item #: 12. vehicle was deemed a total loss. It is necessary to replace that vehicle at this time. There was an insurance recovery from the at -fault driver, as well as the revenue resulting from the sale of the vehicle for salvage value to a wrecking yard. National Auto Fleet Group is willing to sell the City a compact hybrid sedan under the terms and conditions of the National Joint Powers Authority master contract number 102811. Staff recommends combining the amount of $3,764 realized as a recovery from the at -fault driver in the traffic accident, as well as the amount of $850 realized from the sale of the vehicle for its salvage value towards the purchase of the replacement vehicle. Purchasing concurs in this recommendation. A new position in the Construction & Repair Program of the Public Works Department was created in FY2014 -15 and was recently filled. In order to provide transportation for the new employee to conduct facility work during business hours it is necessary to acquire an additional vehicle at this time. Staff recommends acquiring an intermediate -size sedan from the National Auto Fleet Group under the terms and conditions of the National Joint Powers Authority master contract number 102811, as described above. An aerial man -lift truck assigned to the Traffic Signals & Street Lighting program in the Public Works Department has reached the point at which it has become very unreliable, due to the age and high rate of usage. Such unreliability puts an undue burden on the staff to perform its mission of maintain traffic signals and street lights. Staff recommends acquiring such a vehicle from Altec, Inc., under the terms and conditions of National Joint Powers Authority master contract 031014. Purchasing concurs in this recommendation. Portable diesel powered equipment is regulated by the state Air Resources Board (ARB), and standards for exhaust emissions are in place. The standards relate to the average exhaust emissions for an entire fleet, and the standards grow progressively more stringent over time. The City fleet of such equipment currently meets the standard, but when the standard becomes more stringent in a couple of years, the fleet will no longer be in compliance. One step that can be taken at this time, in order to be prepared for the next required decrease in exhaust emissions, is to replace older, more heavily polluting engines with newer, less polluting engines. Such an engine replacement will lower the City exhaust emissions average to keep the fleet in compliance with the state regulations through 2019. The specific engine is the auxiliary engine on the street striping truck. It is estimated the auxiliary engine replacement will cost $20,000. 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 City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 258 File #: 15 -0116, Item #: 12. The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the goal of providing Healthy Communities, as having service vehicles in good working condition allows staff to maintain and operate community and neighborhood facilities. CURRENT YEAR FISCAL IMPACT The net total cost is $180,000 for the acquisition of the three vehicles and to replace the auxiliary engine on the street striping truck: two (2) compact hybrid sedans $60,000; aerial man -lift truck $100,000; auxiliary engine on street striping truck $20,000. Sufficient funds are available in the Equipment Replacement Fund. Staff is requesting an appropriation of $180,000 for these purchases. ONGOING FISCAL IMPACT The vehicle purchase for the Open Space Manager and the purchase of an aerial man -lift truck are replacing existing vehicles and maintenance costs are included in the existing budget. There is no additional ongoing fiscal impact to the General Fund. The addition of a new vehicle to be assigned to the Construction & Repair program will require future on -going vehicle maintenance and operating costs estimated at $4,000 per year. This addition results in a net fiscal impact of $4,000 to the General Fund on annual basis. These costs will be incorporated into the Proposed Budget for fiscal year 2016 and will be considered by Council as part of the annual budget process. ATTACHMENTS None Staff Contact: Steve Dorsey, Fleet Manager, Public Works City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 259 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TWO (2) VEHICLES FROM NATIONAL AUTO FLEET GROUP IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 102811 AND ONE (1) VEHICLE FROM ALTEC, INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF NATIONAL JOINT POWERS AUTHORITY BID NUMBER 031014 AND APPROPRIATING $180,000 TO THE EQUIPMENT REPLACEMENT FUND WHEREAS, The City of Chula Vista Municipal Code Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, the Public Works Department is recommending the purchase of two (2) compact hybrid sedans from National Auto Fleet Group under NJPA Bid 102811 and an aerial man -lift truck from Altec, Inc. under NJPA Bid 031014; and WHEREAS, the vehicle assigned to the Open Space Manager was damaged in a traffic collision, such that the vehicle was deemed a total loss and it is necessary to replace that vehicle at this time; and WHEREAS, a new position in the Construction & Repair Program of the Public Works Department was created in FY2014 -15 and was recently filled; and WHEREAS, an aerial man -lift truck assigned to the Traffic Signals & Street Lighting program in the Public Works Department has reached the point at which it is highly unreliable due to age and high past usage; and WHEREAS, the Equipment Replacement Fund has sufficient fund balance for this appropriation; and WHEREAS, the City fleet of diesel powered equipment currently meets the current state emissions standards, but when the standard becomes more stringent in a couple of years, the fleet will no longer be in compliance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the purchase of two (2) vehicles from National Auto Fleet Group in accordance with the terms and conditions of national joint powers authority bid number 102811 and one (1) vehicle from Altec, Inc. in accordance with the terms and conditions of National Joint Powers Authority bid number 031014 and authorizes the appropriation of $180,000 to the Equipment Replacement Fund's Capital Expenditure category . 2015 -04 -14 Agenda Packet Page 260 Presented by Richard A. Hopkins Director of Public Work /City Engineer Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 261 CITY OF CHULA VISTA File #: 15 -0099, Item #: 13. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 2.52 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2016 (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY As required by Chula Vista Municipal Code section 2.52.040 (D), the City Clerk has adjusted the campaign contribution limits for individuals and political party committees for any election occurring on or after January 1, 2016. Adoption of the ordinance amends various sections of the Municipal Code to reflect the adjusted limits. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that that the activity is not a "Project" as defined under Section 15378(b)(3) of the State CEQA Guidelines because the project consists only of amendments to the City of Chula Vista Municipal Code to adjust campaign contribution limits and does not involve physical changes to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA and no further environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Chula Vista Municipal Code section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limit every odd - numbered year to reflect any changes in the Consumer Price Index for the San Diego area for the two -year period ending on December 31st of the previous year, and requires these adjustments to be rounded to the nearest $10. The Consumer Price Index for the San Diego area for the periods ending December 2012 and December 2014 were 256.961 and 265.145, respectively, demonstrating an increase of 3.18 percent. The contribution limits were previously set at $310 for individuals and $1,050 for political party committees by Chula Vista Municipal Code section 2.52.040 (A) and (B), respectively. Applying the percentage of change of the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limits to $320 for individuals and $1,080 for political party committees. The City Clerk will publish the Notice of Campaign Contribution Limit Adjustment in the Star News as City of Chula Vista Page 1 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 262 File #: 15 -0099, Item #: 13. required by Chula Vista Municipal Code section 2.52.040 (D). Additionally, the federal Voting Rights Act, together with an agreement between the U.S. Department of Justice and the San Diego County Registrar of Voters, requires translation of all election - related materials and notices into covered languages predominantly spoken by 10,000 voters or more in the County. Therefore, the City Clerk will cause the notice to be translated into Chinese, Filipino, Spanish, and Vietnamese and published in language- specific newspapers. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18705.2 (a)(11), 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. CURRENT YEAR FISCAL IMPACT Adoption of the proposed ordinance has no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS Attachment 1: Proposed Amendment to Chula Vista Municipal Code Chapter 2.52 Staff Contact: Kerry Bigelow City of Chula Vista 2015 -04 -14 Agenda Packet Page 2 of 2 Printed on 4/9/2015 powered by LegistarT"^ Page 263 Attachment 1 Proposed Amendment to Sections of Chula Vista Municipal Code Chapter 2.52 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $3209 -00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $3209 90 from a person for a single election contest. A candidate may receive up to $320210 90 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. B. No political party committee, as that term is defined in California Government Code Section 85205, shall make a contribution in excess of $1,0804 -950 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $1,080450 from a political party committee for a single election contest. A candidate may receive up to $1,080450 from a political party committee in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. [Sections 2.52.040 C through I remain unchanged] 2.52.050 Loans. A. A candidate shall not personally loan to his or her campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election contest. B. A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $320080 -90 per person, pursuant to CVMC 2.52.040. The $320880 -99 contribution limit does not apply to loans made to a candidate for the purpose of a campaign by himself or herself or by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. 2015 -04 -14 Agenda Packet Page 264 Attachment 1 2.52.100 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign for City elective office shall include the following written notice in no less than six point type on each such solicitation: NOTICE The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to three hundred twenty dollars per person.* *The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution limit made pursuant to CVMC 2.52.040(D). 2015 -04 -14 Agenda Packet Page 265 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 2.52 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2016 WHEREAS, Chula Vista Municipal Code section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limits every odd - numbered year to reflect any changes in the Consumer Price Index for the San Diego area for the two -year period ending on December 31St of the previous year, and requires these adjustments to be rounded to the nearest $10; and WHEREAS, the Consumer Price Index for the San Diego area for the periods ending December 2012 and December 2014 were 256.961 and 265.145, respectively, demonstrating an increase of 3.18 percent; and WHEREAS, the contribution limit for individuals, other than a candidate, was previously set at $310 by Chula Vista Municipal Code section 2.52.040 (A), and the contribution limit for political party committees was previously set at $1,050 by Chula Vista Municipal Code section 2.52.040 (B); and WHEREAS, based on applying the percentage of change in the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limit to $320 for individuals and $1,080 for political party committees; and WHEREAS, the City Clerk will publish the Notice of Campaign Contribution Limit Adjustment in the Star News, and will have the notice translated into Chinese, Filipino, Spanish, and Vietnamese and published in covered language- specific newspapers as required by the Federal Voting Rights Act. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. The following sections in Chula Vista Municipal Code chapter 2.52 are hereby amended to adjust the Campaign Contribution limit to $320 for individuals and $1,080 for political party committees for any election held on or after January 1, 2016, and shall read as follows: 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $320 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $320 from a person for a single election contest. A candidate may receive up to $320 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. C:\ Users\ GRANIC— l\AppData\Local \Temp\BCL Technologies \easyPDF 7\@ BCL @1406B53D \@BCL @1406B53D.docx 2016 -04 -14 Agenda Packet Page 266 Ordinance Page 2 B. No political party committee, as that term is defined in California Government Code Section 85205, shall make a contribution in excess of $1,080 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $1,080 from a political party committee for a single election contest. A candidate may receive up to $1,080 from a political party committee in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. [Sections 2.52.040 C through I remain unchanged] 2.52.050 Loans. A. A candidate shall not personally loan to his or her campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election contest. B. A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $320 per person, pursuant to CVMC 2.52.040. The $320 contribution limit does not apply to loans made to a candidate for the purpose of a campaign by himself or herself or by a commercial lending institution in the lender's regular course of business on terms available to members of the general public for which the candidate is personally liable. 2.52. 100 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign for City elective office shall include the following written notice in no less than six point type on each such solicitation: NOTICE The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to three hundred twenty dollars per person.* *The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution limit made pursuant to CVMC 2.52.040(D). Section IL Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 2015 -04 -14 Agenda Packet Page 267 Ordinance Page 3 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Donna R. Norris, CMC City Clerk Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 268 CITY OF CHULA VISTA File #: 15 -0104, Item #: 14. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $566,925 FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES, WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES AND APPROPRIATING $94,488 TO THE POLICE GRANT FUND FOR THE DOMESTIC VIOLENCE RESPONSE TEAM (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The Police Department and South Bay Community Services have been working in partnership for the past 18 years providing domestic violence services to the community. Adoption of this resolution will accept grant funding from the California Governor's Office of Emergency Services for Domestic Violence Response Team services and approve a contractual agreement with South Bay Community Services to provide services for domestic violence cases. 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)(4) of the State CEQA Guidelines because the proposed action consists only of accepting a grant and approving a contract for the Domestic Violence Response Team, which would not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Since 1985, the Chula Vista Police Department (CVPD) and South Bay Community Services (SBCS) have partnered to address issues with juveniles. And since 1997, CVPD has been working in a partnership with SBCS to provide direct services to domestic violence victims and protect them from abuse. The partnership between CVPD and SBCS resulted in the formation of a 24- hour /7 -day per week Domestic Violence Response Team (DVRT). The Police Department was recently notified of grant funding through the Law Enforcement Specialized Units Program of the California Governor's Office of Emergency Services (Cal OES). The Department has been awarded $188,975 annually for the 3 -year funding cycle of January 1, 2015 to December 31, 2017 for the DVRT program. Because of the established working relationship with SBCS, CVPD is seeking to waive the consultant selection process and approve the contractual agreement with SBCS to provide services for domestic violence cases. SBCS has tailored their programs to meet the needs of the City and their City of Chula Vista Page 1 of 3 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 269 File #: 15 -0104, Item #: 14. experience, qualifications and community presence make them a unique service provider. The Domestic Violence Response Team consists of detectives from the Family Protection Unit of the Police Department and Advocates from South Bay Community Services. The Advocates work closely with the Detectives, provide more intensified follow -up services after the violent incident, and help prevent the need for further intervention by law enforcement. SBCS Advocates are mandated to provide 24 -hour immediate mobile crisis intervention in response to 911 calls to the CVPD on all family violence cases involving children. Immediate response is construed to mean 20 minutes and current average response time is 19 -22 minutes. SBCS emergency staff meets CVPD officers at the scene of domestic violence crimes to assess for child abuse as well as offer services to victims. Additionally, CVPD has dedicated personnel from the Family Protection Unit to arrive in such cases. This dedicated staffing will allow both CVPD and the SBCS Advocate to have increased access to victims after the incident. The following business day, the Advocate will follow -up with victims (alone or with a CVPD Detective), set up home visits with those not sheltered and provide case management and additional services to those placed in shelter. These visits will be coordinated with a Detective, depending on the severity of the abuse and if the perpetrator is still at large. Other SBCS Advocate services include safety planning, support groups and counseling, Temporary Restraining Order information and assistance, and transportation to a domestic violence shelter. Calendar Year 2014 DVRT Accomplishments ➢ Investigated 475 cases of suspected domestic violence ➢ Made contact and offered advocacy to 100% of victims with cases assigned to the unit ➢ Provided advocacy, including crisis intervention, resource and referral assistance, emergency assistance, and /or restraining order assistance to 475 victims ➢ Provided 6 training sessions to officers, highlighting the DVRT process as well as other agency -wide services available to the community 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. Funds received from Cal OES supports the goal of Strong and Secure Neighborhoods by providing domestic violence law enforcement and advocacy services to the community. CURRENT YEAR FISCAL IMPACT The grant funding from the California Governor's Office of Emergency Services in the amount of $566,925 will completely offset the DVRT Program costs during the 3 -year grant period of January 1, 2015 to December 31, 2017. The grant will fund subcontracted costs from South Bay Community Services, and the City will receive 5% of the subcontracted costs to administer the grant. A detective assigned to the Family Protection Unit will fulfill the 25% match requirement of the grant. Adoption of this resolution will result in an appropriation of $89,988 to supplies & services and $4,500 to the other City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 270 File #: 15 -0104, Item #: 14. expenses category of the Police Grant Fund to cover the current fiscal period of January 1 to June 30, 2015. ONGOING FISCAL IMPACT Appropriations for the remaining grant amount of $472,437 will be considered by the City Council as part of the normal budget process for fiscal years 2016 to 2018. Continuing services for the DVRT Program beyond December 31, 2017 is contingent upon additional grant funding from Cal OES to support the program. ATTACHMENTS Agreement with South Bay Community Services for Domestic Violence Response and Advocacy Services Staff Contact: Jonathan Alegre City of Chula Vista 2015 -04 -14 Agenda Packet Page 3 of 3 Printed on 4/9/2015 powered by LegistarT"^ Page 271 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 Glen R. G ogins City Attorney Dated: 3 — /?—c2o t.5 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SOUTY BAY COMMUNITY SERVICES TO PROVIDE DOMESTIC VIOLENCE RESPONSE AND ADVOCACY SERVICES 2015 -04 -14 Agenda Packet Page 272 Agreement between City of Chula Vista and South Bay Community Services, To Provide Domestic Violence Response and Advocacy Semites This agreement (Agreement); effective January 1. 2015, is between the City- related entity whose name and business form is indicated on Exhibit A. Paragraph 2, (City), and the entity „chose 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, since 1997, the City has worked with South Bay Community Services to provide Domestic Violence Response and Advocacy services: and WHEREAS. South Bay Community Services has partnered with the Police Department since 1985 and tailored their programs to meet the needs of the City; and their experience, qualifications and conununity presence make them a unique service provider; 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. ]End of Recitals. Next Page Starts Obligatory Provisions] Page 1 Two Parn• Agreemenl Bem,een the Cif• ojChula :rrsra and South Bad• Communinv Services to Provide Domestic Kolence Response and Adrocae}, Services 2015 -04 -14 Agenda Packet Page 273 OBLIGATORY PROVISION'S PAGES NOW, THl-- 1RI?F0RE, 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 it? 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 Park' Agreement Between the 00' of Chula Vista and Sorrth Brit' Commanit , Services to Provide Domenic Miolence Response and Advocaev Services 2015 -04 -14 Agenda Packet Page 274 B. Application of Lags. Should a federal or state law pre -empt a local lacy, 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. 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 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 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.Allto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). c. 11'C. 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. 4 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 3 Two Parry Agreement Between the Cit)- of Chula Jima and South Bap Community Services 10 Provide Domestic 1 iolence Response and Advocacy Services 2015 -04 -14 Agenda Packet Page 275 i. General Liability: $1;000,000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project /location or the general aggregate limit must be twice the operations; as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death, and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1,000,000 disease- policy limit Liability: $1,000,000 disease -each employee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 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. Addillonal Insilreds. 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 Consultants insurance using ISO CG 2010 (11185) or its equivalent. Specifically, the endorsement must not exclude Products /Completed Operations coverage. Page 4 Two Part), Agreerneut Between the GO- of Chula Pula and Soulh Brie Conn uritI, Services to Provide Domestic Violence Response and Advocai r Services 2015 -04 -14 Agenda Packet Page 276 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. d. H,`ah,er of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. b. 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. illaintenance 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 xyith 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. Col)ies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Pate Two Parry'Agreement Between the City of Chula Vista and South Bay Communin' Services to Provide Domestic 1 iolence Response and Advocacy Services 2015 -04 -14 Agenda Packet Page 277 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. Consultant must include all subconsultants as insureds Linder its policies or tarnish separate certificates and endorsements for each sLibconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligation . Insurance provisions under this Article shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 1. Additional Coverage. To the extent that Insurance coverage exceeds the minimums identified in section 3, recover), shall not be limited to the insurance minimums, but shall instead extend to the actual policy limits. D. Security for Performance 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, htt : / /www.fins.treas. ,,ov /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 fbrm 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. Page 6 Two Part}, Agreement Between the Cih• of Clmhi Vista and South BaY Communiri• Services 10 Provide Domestic i rolence Response and AdvacarO' Services 2015 -04 -14 Agenda Packet Page 278 �. Other Security. In the event that Exhibit A. at Paragraph 18, indicates the need for Consultant to provide security than a Performance Bond or a Letter of Credit (indicated by a check marl: 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 alloy 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. Cite 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. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly_ on the day of the period indicated in Exhibit A; Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A; and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices; contracts, or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A; Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors; omissions. negligence or acts of willful misconduct of the Consultant; its agents; employees, or subcontractors. Page 7 Two Partr Agreement Between the Citr ojChula Vista and South Bali Communhy Services to Provide Domestic Kolence Response and Adrocacy Services 2015 -04 -14 Agenda Packet Page 279 a. Errors and Onlissions. In the event that the City Administrator determines that the Consultant's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval, The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment wider the Project and does not constitute a Nvaiver 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. 11' 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 Consultant is Desivated as an FPPC Filer. III 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 Page 8 Two Par4,Agreement Between the 00- of Chula 15sta and South BaY Conuru ni(v Services to Provide Domestic 14olence Response and Advocac }v Services 2015 -04 -14 Agenda Packet Page 280 conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire. obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. 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 0. Page 9 Two Parq Agreement Between the City ojChula [rota and South Buy Communitr Services to Provide Domestic fNotence Response and Advoeacy Services 2015 -04 -14 Agenda Packet Page 281 1. Estimatim 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. Rec nest 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 f'or 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. 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 Page 10 Two Paro, Agreement Between the Ch), of Chula Vista and South Bap Comrrui++itt• Sert ices io l'ratdde Dontestic i tolence Response and A drocaiZv Services 2015 -04 -14 Agenda Packet Page 282 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 Cite, its directors, officials; officers; employees, agents and/or volunteers, subject to the limitations in Sections A.l. 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 oblic ation 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. 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 y reason. by giving specific written notice to Consultant of such at any time and for an 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 Patre l I Two Parn• Agreement Between the Cif . of Chula Vista and South Sap Community Services to Provide Domestic 1 rolenee Response and Advocacv Services 2015 -04 -14 Agenda Packet Page 283 other materials described hercinabove 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. ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and fbr 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 notllles the ConSLlltailt 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 fironl City ARTICLE IX. MISCEIILANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not translbr any interest in the same (whether by assignment or notation), without prior written consent of City. Page 12 Two Parr, Agreement Between the City of Chula 1 ista and South Bal, Conunuuity Services to Provide Domestic 15olence Response and Advocagv Services 2015 -04 -14 Agenda Packet Page 284 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. Cite 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 Cite, and none of them shall be entitled to any benefits to which Cite 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 speciA, in writing, Consultant shall have no authority, express or implied, to act on behalf of City in an), capacity whatsoever, as an agent or otherwise. Consultant shall have no authority; express or implied, to bind City or its members, agents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No Obligations to Third Parties. In connection with the Project; Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation_ subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in umiting 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 Page 13 Two Part}' Agreement Between the Citr of Chula 1 esta and South Bap Community Services to Provide Domestic 111olenceRespanse and Advocacy Services 2015 -04 -14 Agenda Packet Page 285 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 taith 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. P. Term. This Agreement shall terminate when the parties have complied with all executory provisions hereof. G. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services. Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Ilea] 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. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing Law /Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Page 14 Two Parr, A, reearenl Between the Cio- of Chula Vista and Sonth Bap ContntuuitP Services to Provide Domestic J tolence Response and Adrocacy Services 2015 -04 -14 Agenda Packet Page 286 (End of page. Next page is signature page.) Page 15 Two Parriv Agreement Between the Cin• ojChula [itsta and South BaY Communitr Services to Provide Domestic < <olence Response and Adrocacy Services 2015 -04 -14 Agenda Packet Page 287 Signature Page to Agreement between City of Chula Vista and South Bay Community Services, To Provide Domestic Violence Response and Advocacy Services IN WITNESS WI-II -REOF, City and Consultant have executed this Agreement, indicating that they have read and understood same, and indicate their hill and complete consent to its terms: City of -Chula Vista By: Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney Mary Casillas Salas, Mayor South Bay I3y-1 Exhibit Dist to Agreement: Exhibit A unity Services Page 16 Two Part), Agreemem Between the Ciq• cf Chula i rsta and South Bai, Comurwiip• Sen-ice.v to Prarirle Domestic i ioleuce Respolne and Advocacy Services 2015 -04 -14 Agenda Packet Page 288 Exhibit A to Agreement between City of Chula Vista and South Bay Community Services 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 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: O Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 430 F Street Chula Vista. CA 91910 (619) 420 -3620 7. General Duties: Domestic Violence Response and Advocacy Services 8. Scope of Work and Schedule: A. Detailed Scope of Work: Page 17 Txn Party Agreement Between the City of Chula { tsta and South Bay Community Services to Provide Domestic Holence Response and Ad►macy Services 2015 -04 -14 Agenda Packet Page 289 Provide the 24 hour/ 7 days a week Community Assessment Workers for the Domestic Violence Response Team, to respond to calls from Chula Vista Police Department officers Provide and coordinate a continuum of services to the families identified by the project which may include: crisis intervention, assessment, case management, individual group and family counseling, confidential shelter or transition housing, and a temporary restraining order clinic Provide cooperation and information for evaluation and measurement of components of the project 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: Domestic Violence Response and Advocacy Services during the three - year period of 1/1/2015 to 12/31/2017 as outlined in the grant proposal submitted to the Law Enforcement Specialized Units Program of the California Governor's Office of Emergency Services (Cal OES). D. Date for completion of all Consultant services: 12/31/2017 9. Materials Required to be Supplied by City to Consultant: None. 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: 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. Page 18 Two Party Agreement Between the City ajChata 1 wo and South Bay Community Services to Provide Domestic Koience Response and Advocacy Services 2015 -04 -14 Agenda Packet Page 290 Phase DVRT services from 1/1/2015 to 3/31/2015 2 DVRT services from 4/1/2015 to 5/3 1/2015 3 DVRT services from 6/1/2015 to 6/30/2015 4 DVRT services from 7/1/2015 to 9/30/2015 5 DVRT services from 10/1/2015 to 12/31/2015 6 DVRT services from 1/1/2016 to 3/31/2016 7 DVRT services from 4/1/2016 to 6/30/2016 8 DVRT services from 7/1/2016 to 9/30/2016 9 DVRT services from 10/1/2016 to 12/31/2015 10 DVRT services from 1/1/2017 to 3/31/2017 11 DVRT services from 4/1/2017 to 6/30/2017 12 DVRT services from 7/1/2017 to 9/30/2017 13 DVRT services from 10/1/2017 to 12/31/2017 Fee for Said Phase $44,482 529.655 $14,891 544,674 544.674 544,994 544.994 544,994 $44,994 544.994 S44,994 S44,994 S44.994 Year 1 (111/2015 to 1213112015) fees: 5178,376. Phases are broken down by funding allocations from Cal OES award # LEI 01 6364. Year 2 (11112016 to 1213112016) and Year 3 (1/1/2017 to 12/31/2017) fees: 5179,976 per year (544,994 per quarter). 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 12. Contract Administrators: City: Jonathan Alegre, Administrative Services Manager Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 (619) 476 -2570 Consultant: Kathryn Lembo, President /CEO South Bay Community Services 430 F Street Chula Vista, CA 91910 (619) 420 -3620 13. Liquidated Damages Rate: None. Page 19 Tw ParV Agreement Betwen the Ciz)- of Chula 111sta and South Bap Community Sertices to Pro vide Dom ade Holence Response and Ad rocacp Senices 2015 -04 -14 Agenda Packet Page 291 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. ( ) FPPC Filer 15. ( ) Consultant is Real Estate Broker and /or Salesman 16. Permitted Subconsultants: None. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly (X) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month {) 15th Day of each Month O End of the Month (} Other: C. City's Account Number: 25203 -6301 18. Security for Performance: None required. Page 20 Two Partp Agreement Between the City ojChula rism and South Bays Communitp Services to Provide Domestic Violence Response and Advocacy Services 2015 -04 -14 Agenda Packet Page 292 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $566,925 FROM THE CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES, WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES AND APPROPRIATING $94,488 TO THE POLICE GRANT FUND FOR THE DOMESTIC VIOLENCE RESPONSE TEAM WHEREAS, the California Governor's Office of Emergency Services has awarded a three -year grant to the Police Department for the Domestic Violence Response Team; and WHEREAS, the Domestic Violence Response Team provides advocacy, crisis intervention, resource and referral assistance, emergency assistance and /or restraining order assistance to the community; and WHEREAS, the Police Department is seeking to waive the consultant selection process as South Bay Community Services has partnered with the Police Department since 1985 and tailored their programs to meet the needs of the City; and their experience, qualifications and community presence make them a unique service provider; and WHEREAS, acceptance of this grant award will offset the cost of domestic violence advocacy services from South Bay Community Services during the three -year period of January 1, 2015 to December 31, 2017. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby 1. Accept $566,925 from the California Governor's Office of Emergency Services, and 2. Authorize a revenue offset appropriation of $89,988 to the supplies & services expense category and $4,500 to the other expenses category of the Police Grant Fund; and 3. Waive the consultant selection process pursuant to Chula Vista Municipal Code section 2.56.070.B.3 because of the long partnership between the City and South Bay Community Services, a unique service provider; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the contractual agreement between the City and South Bay Community Services for Domestic Violence Response and Advocacy 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. 2015 -04 -14 Agenda Packet Page 293 Presented by: David Bejarano Police Chief Page 2, Item: Meeting Date: 4/14/15 Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 294 CITY OF CHULA VISTA File #: 15 -0107, Item #: 15. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $16,000 FROM THE COUNTY OF SAN DIEGO AND $173,188 FROM THE CITY OF SAN DIEGO AND APPROPRIATING $69,188 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY In 2011, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation to enable California to close the revolving door of low -level inmates cycling in and out of state prisons. This legislation implemented the Public Safety Realignment, which provides funding to counties to develop and implement evidence -based practices and alternatives to incarceration to limit future crimes and reduce victimization. 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 In 2011, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117, historic legislation to enable California to close the revolving door of low -level inmates cycling in and out of state prisons. It is the cornerstone of California's solution to the U.S. Supreme Court order to reduce the number of inmates in the state's 33 prisons to 137.5 percent of original design capacity. Under the 2011 Public Safety Realignment, newly- convicted low -level offenders without current or prior serious or violent offenses stay in county jail to serve their sentence. This has reduced the annual state prison admissions to less than 35,000 a year. Prior to the realignment efforts, there were approximately 55,000 to 65,000 new admissions from county courts to state prison. Overall, the diversion of low -level offenders and parole violators to county jail instead of state prison has resulted in a population decrease of about 28,000 ( -17 %). The San Diego Sheriff's Department has been designated as the fiscal agent of the Regional Realignment Response (R3) funds for the San Diego County region. A Memorandum of Agreement City of Chula Vista Page 1 of 2 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 295 File #: 15 -0107, Item #: 15. between the County of San Diego and participating cities in the county has been created to outline the disbursement of R3 funds. The City of Chula Vista was originally allocated $75,507 of R3 funding. A recent amendment to the agreement will allocate an additional $16,000 to the City for overtime operations to conduct regional compliance checks on probationers within the county. Additionally, the City of San Diego has been designated as the fiscal agent of AB 109 Public Safety Realignment funds for the San Diego County region, which is a separate allocation than the Sheriff's R3 funding. A Memorandum of Agreement between the City of San Diego and participating cities in the county has been created to outline the disbursement of Public Safety Realignment funds. For the fiscal year 2014/2015 AB 109 funding, the City of San Diego has allocated $173,188 to the City of Chula Vista. The Police Department will allocate $60,000 for the Juvenile Diversion Program, $27,500 for the Domestic Violence Response Team, $60,000 for two unmarked vehicles in the Investigations division, $17,567 to equip task force vehicles with emergency equipment and $8,121 for computers in the Investigations division. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 -foot rule found in California Code of Regulations section 18704.2 (a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Funds received for realignment efforts support the goal of Strong and Secure Neighborhoods by providing additional law enforcement presence in the community. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one -time appropriation of $16,000 to personnel services and $53,188 to the supplies and services category of the Police Grant Fund. The funding from the County and City of San Diego will completely offset these costs, resulting in no net fiscal impact to the General Fund. Since the costs for the Juvenile Diversion Program and unmarked vehicles will occur next fiscal year, $120,000 will be included in the proposed fiscal year 2015/2016 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 296 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $16,000 FROM THE COUNTY OF SAN DIEGO AND $173,188 FROM THE CITY OF SAN DIEGO AND APPROPRIATING $69,188 TO THE POLICE GRANT FUND FOR THE PUBLIC SAFETY REALIGNMENT WHEREAS, in 2011, Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 and AB 117 legislation, which enable California to close the revolving door of low - level inmates cycling in and out of state prisons; and WHEREAS, this legislation implemented the 2011 Public Safety Realignment, which provides funding to counties to develop and implement evidence -based practices and alternatives to incarceration to limit future crimes and reduce victimization; and WHEREAS, the San Diego Sheriff's Department has been designated as the fiscal agent of the Regional Realignment Response (R3) funds and has allocated an additional $16,000 to the City of Chula Vista for overtime operations to conduct regional compliance checks on probationers within the county; and WHEREAS, the City of San Diego has been designated as the fiscal agent of AB 109 Public Safety Realignment funds and has allocated $173,188 to the City of Chula Vista; and WHEREAS, the Police Department will spend $53,188 in the current fiscal year for the Domestic Violence Response Team, equipment for task force vehicles and computers, as well as $120,000 next fiscal year for the Juvenile Diversion Program and vehicles for the Investigations division. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $16,000 from the County of San Diego and $173,188 from the City of San Diego and appropriate $16,000 to personnel services and $53,188 to the supplies and services category of the Police Grant Fund for the Public Safety Realignment. Presented by: Approved as to form by: David Bejarano Police Chief Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 297 CITY OF CHULA VISTA File #: 15 -0109, Item #: 16. City of Chula Vista Staff Report A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO PURCHASE UNIFORMS FROM ACE UNIFORMS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO RECEIVE SERVICES FROM MERZ CONSTRUCTION COMPANY FOR CAPITAL IMPROVEMENT PROJECTS RECOMMENDED ACTION Council adopt the resolutions. SUMMARY Pursuant to Chula Vista Municipal Code 2.56.070 relating to contracts exceeding $100,000, City staff is requesting to waive the competitive formal bid requirement and authorize staff to purchase uniforms from Ace Uniforms and to receive services from Merz Construction Company for capital improvement projects. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activities for compliance with the California Environmental Quality Act (CEQA) and has determined that the activities are not a "Project" as defined under Section 15378(b)(2) of the State CEQA Guidelines because they involve only the authorization to receive services from Merz Construction Company for capital improvement projects and to purchase uniforms from Ace Uniforms, all of which are on -going administrative and maintenance activities; 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. Although environmental review of the CIP projects that Merz Construction Company will be working on is not necessary at this time, once projects have been defined, environmental review will be required for each CIP and a CEQA determination completed prior to Merz Construction Company commencing any constructions activities. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Chula Vista Municipal Code Section 2.56.070(B)(4) permits the City Council to waive formal competitive bidding requirements when a commodity or service is available from only one known source as the result of unique performance capabilities and manufacturing processes. City staff is requesting to waive the competitive formal bid requirement for Ace Uniforms and Merz Construction Company. City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 3 Printed on 4/9/2015 powered by Legistar Page 298 File #: 15 -0109, Item #: 16. Ace Uniforms provides the City with uniform pants, uniform shirts, bulletproof vests, boots, duty belt gear and uniform alteration services. In the current fiscal year, the Police Department, Fire Department and Animal Care Facility anticipate to spend $87,000, $32,500 and $6,500 respectively from Ace Uniforms. Cumulatively, the total cost from this vendor exceeds the $100,000 spending threshold per the City's purchasing policies. City staff, including the Purchasing Division, have researched other uniform suppliers, but Ace Uniforms is currently the only local vendor that can meet both the uniform and tailoring requirements in the most expeditious manner. This is important because Ace is uniquely familiar with the tailoring requirements and has extensive experience tailoring the uniforms that they sell. Their vertical integration of the uniform purchase with the tailoring provides the best service to the City. There are other uniform vendors that sell uniforms, but since they are not within the San Diego County region, a separate tailor would need to be identified. Overall, the convenience for the staff (primarily sworn officers) who are getting new uniform garments is significantly enhanced by having a "one stop shop" for uniform outfitting. The Police Department, Fire Department and Animal Care Facility are currently working with the Purchasing Division to issue a Request for Bid (RFB) to competitively bid for uniform needs. On January 13, 2015, City Council accepted $80,000 grant funding from the U.S Department of Homeland Security to reinforce the front counter in the Police Department's lobby with bullet resistant glass and paneling and reinforce the Police Department's south facing door that leads onto Center Street with steel mesh screening covering blast resistant glass. After seeking multiple proposals, Merz Construction Company was selected for this facility security enhancement project. Since the Public Works Department also uses the services of Merz Construction Company for other capital improvement projects, the total cost from this vendor will exceed the $100,000 spending threshold per the City's purchasing policies. Because of the City's experience in dealing with Merz Construction Company and the knowledge of their quality of service, the Police Department is requesting to waive the competitive formal bid requirement for the facility security enhancement project. 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. The purchase of uniforms supports the goal of Operational Excellence by equipping city personnel with necessary resources to serve the community in a professional manner. The bullet resistant glass project supports the goal of Strong and Secure Neighborhoods by enhancing the security of the Police Facility and the readiness of law enforcement personnel. CURRENT YEAR FISCAL IMPACT Approval of Resolution A will authorize the City to purchase uniforms from Ace Uniforms. City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 299 File #: 15 -0109, Item #: 16. Approval of Resolution B will authorize the City to receive services from Merz Construction Company for capital improvement projects. These costs are already included within the fiscal year 2014 -15 budget, resulting in no additional fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None. Staff Contact: Joseph Walker City of Chula Vista 2015 -04 -14 Agenda Packet Page 3 of 3 Printed on 4/9/2015 powered by Legistar Page 300 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING THE CITY TO PURCHASE UNIFORMS FROM ACE UNIFORMS WHEREAS, Ace Uniforms provides the City of Chula Vista with uniform pants, uniform shirts, boots, duty belt gear and uniform alteration services; and WHEREAS, the City of Chula Vista anticipates to spend approximately $126,000 from Ace Uniforms in the current fiscal year; and WHEREAS, the total cost from this vendor exceeds the $100,000 spending threshold per the City's purchasing policies; and WHEREAS, City staff have researched other uniform suppliers, but Ace Uniforms is currently the only local vendor that can meet the City's uniform and tailoring requirements; and WHEREAS, Chula Vista Municipal Code Section 2.56.070(B)(4) permits the City Council to waive formal competitive bidding requirements when a commodity or services is available from only one known source as the result of unique performance capabilities and manufacturing processes, which is the case here with Ace Uniforms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the competitive formal bid requirements and authorize the City to purchase uniforms from Ace Uniforms. Presented by: Approved as to form by: David Bejarano Police Chief Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 301 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND AUTHORIZING CITY TO RECEIVE SERVICES FROM MERZ CONSTRUCTION COMPANY FOR CAPITAL IMPROVEMENT PROJECTS WHEREAS, on January 13, 2015, City Council accepted $80,000 grant funding from the U.S Department of Homeland Security to reinforce the front counter in the Police Department's lobby with bullet resistant glass and paneling and reinforce the Police Department's south facing door that leads onto Center Street with steel mesh screening covering blast resistant glass; and WHEREAS, after seeking multiple proposals, Merz Construction Company was selected for this facility security enhancement project; and WHEREAS, since the Public Works Department also uses the services of Merz Construction Company for other capital improvement projects, the total cost from this vendor will exceed the $100,000 spending threshold per the City's purchasing policies; and WHEREAS, because of the City's experience in dealing with Merz Construction Company and the knowledge of their quality of service, the Police Department is requesting to waive the competitive formal bid requirement; and WHEREAS, Chula Vista Municipal Code Section 2.56.070(B)(4) permits the City Council to waive formal competitive bidding requirements when a commodity or services is available from only one known source as the result of unique performance capabilities and manufacturing processes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the competitive formal bid requirements and authorize the City to receive services from Merz Construction Company for capital improvement proj ects. Presented by: Approved as to form by: David Bejarano Police Chief Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 302 CITY OF CHULA VISTA File #: 15 -0132, Item #: 17. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BID OF THE FIRST LOW BIDDER AS NON - RESPONSIVE ACCEPTING AND AWARDING THE "PLAYGROUND EQUIPMENT AND INSTALLATION" PROJECT (PR320) TO PACIFIC PLAY SYSTEMS TO FURNISH AND INSTALL PLAYGROUND FACILITIES AT VALLE LINDO, LOS NINOS AND LOMA VERDE PARKS RECOMMENDED ACTION Council adopt the resolution. SUMMARY On January 14, 2015 the City received three (3) bids to furnish and install three (3) turnkey children's playground facilities at Valle Lindo, Los Ninos and Loma Verde Parks. The proposed resolution, if approved, would reject the bid of the first low bidder as non - responsive, accept remaining bids and award the "Playground and Equipment and Installation" (PR320) project to Pacific Play Systems in the amount of $104,728. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project, to furnish and install playground facilities at Valle Lindo, Los Ninos, and Loma Verde Parks, for compliance with the California Environmental Quality Act (CEQA) and has determined that the project is exempt per CEQA Section 15303, Class 3, new construction or conversion of small structures. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD /COMMISSION RECOMMENDATION Not Applicable DISCUSSION The U.S. Consumer Product Safety Commission, Handbook for Public Playground Safety, publishes guidelines for the purchase, installation and maintenance of public playground equipment to promote greater playground safety. The Parks section uses the U.S. Consumer Product Safety Commission Handbook guidelines to ensure the safest possible age appropriate play experience at every City park. Playground safety compliance is key, not only to provide a safer play experience but to reduce the risk of injury especially to the younger age groups. In the interest of playground safety, pre - school age playground equipment will be installed at Valle Lindo, Los Ninos and Loma Verde parks. On January 14, 2015 the City received three (3) bids to furnish and install three (3) turnkey children's playground facilities at Valle Lindo, Los Ninos and Loma Verde Parks. City of Chula Vista Page 1 of 2 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 303 File #: 15 -0132, Item #: 17. The following bids were received: CONTRACTOR BID 1 JMJ Construction $ 97,527.40 2 Pacific Play Systems $104,728.00 3 Zazueta Contractors, Inc. - Option 1 $113,614.00 Zazueta Contractors, Inc. - Option 2 $115,842.00 The apparent lowest bid submitted by JMJ Construction was determined to be non - responsive because the Contractor did not include the signed addenda in the bid package. Staff is recommending award of contract (PR320) to second lowest responsible bid submitted by Pacific Play Systems in the amount of $104,728.00 The bid package submitted by Pacific Play Systems is complete, with no errors or omissions. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Installation of age - appropriate playground equipment to serve children in different age groups and offer balanced and safe playgrounds for kids, families and communities to stay healthy and active together supports the City's Healthy Community goal. CURRENT YEAR FISCAL IMPACT The current budget includes $125,000 in one -time funding from the settlement related to TUT from wireless customers. There is no General Fund impact. ONGOING FISCAL IMPACT Maintenance of park playground equipment is included in the Park Maintenance annual budget. ATTACHMENTS 1. Pacific Play Systems RFP Staff Contact: Agnes Bernardo, Park Operations Manager, Public Works City of Chula Vista Page 2 of 2 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 304 I— CONTRACT Customer Contractor Project Pacific Play Systems, Xnc. City of Chula Vista Pacific Play Systems, Inc. Date 1/12/2015 276 Fourth Avenue Contractor Lic. # 957776 Chula Vista. CA 91910 Class A /8/C61/D34/D12 Terms See Payment ... Valid for 30 Days Phone (760) 599 -7355 www.pacificplayinc . com Description Qty Rate Total Scope of Work: Furnish & Install Playcraft play equipment submitted as equal to specs (typical for all structures and components outlined here) at Los Ninos Park, Valle Lindo Park & Loma Verde Park. Furnish & Install 200 cubic yards of engineered wood fibers. Acknowledging Addendum #1 & #2. 1. Los Ninos Park Playcraft PR -R5 SN: 41319EA, Custom 5" OD Steel Play System, 2 -5 age -group w/Talk Tubes. 1 19,877.00 19,877.00T PC -2475 Stand -n -Spin 1 957.00 957.00T PC -2454 Spinner Seat 1 435.00 435.00T Playcraft PC- 1420 -R5 Talk Tubes 1 1,250.00 1,250.00T Special VIP Customer Discount, valid if accepted within 15 days - 4,000.00 - 4,000.00 Freight & delivery costs 1 798.00 798.00 Installation labor, playground equipment with in- ground concrete footings 1 8,950.00 8,950.00 CPSI Audit & Report 1 500.00 500.00 Sub -total 28,767.00 2. Vallle Lindo Park Playcraft PR -R5 SN# 8292DA, Custom 5" OD Steel Play System, 2 -5 age -group 1 19,887.00 19,887.00T Playcraft PR -R5 SN# BCBBBA, Custom 5" OD Steel Play System Clubhouse, 2 -5 age -group 1 5,631.00 5,631.00T Playcraft PR -R5 SN #7FFDBA, Custom 5" OD Steel Play Panels, 2 -5 age -group 1 2,968.00 2,968.00T Special VIP Customer Discount, valid if accepted within 15 days - 4,000.00 - 4,000.00 Freight & delivery costs 1 850.00 850.00 Installation labor, playground equipment with in- ground concrete footings 1 9,850.00 9,850.00 CPSI Audit & Report 1 500.00 500.00 Sub -total 35,686.00 3. Loma Verde Park Playcraft SN C97A7A Clubhouse Structure, 5" OD posts 1 5,557.00 5,557.00T Playcraft PC- 1420 -R5, Talk Tubes 1 1,250.00 1,250.00T Playcraft SN 85C19A Panel Structure 1 2,125.00 2,125.00T Special VIP Customer Discount, valid if accepted within 15 days - 2,000.00 - 2,000.00 Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3226 Grey Hawk Court, Carlsbad, CA 92010 - Phone 760 -599 -7355 or 855- 599 -7355 - Fax 760 -599 -7385 2015 -04 -14 Agenda Packet Page 305 CONTRACT Customer Contractor Project 1 3,850.00 3,850.00 City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Pacific Play Systems, Inc. Contractor Lit. # 957776 Class A /B/C61/D34/D12 Phone (760) 599 -7355 Date 1/12/2015 Terms See Payment ... Valid for 30 Days Description www.pacificplayinc.com Qty I Rate I Total Freight & delivery costs 1 400.00 400.00 Installation labor, playground equipment with in- ground concrete footings 1 3,850.00 3,850.00 CPSI Audit & Report 1 500.00 500.00 Sub-total 11,682.00 Surfacing & Misc. Work: Labor to stock pile the existing wood fibers on each site prior to the installation of 3 500.00 1,500.00 equipment and then its re- installation New Engineered Wood Fibers, Approx 200 cubic yards (includes a 30% compaction factor) 200 28.00 5,600.00T Freight & delivery costs 200 10.00 2,000.00 +nstallation labor, blown in material at three locations 200 10.00 2,000.00 Temporary Fencing at three sites 1 1,250.00 1,250.00 Payment & Performance Bond 1 2,500.00 2,500.00 Project mobilization, administration, coordination of various trades, contractor's O &P 1 8,500.00 8,500.00 CA Sales Tax (is excluded) and shall be added to the contract sum (Amount = $5,243) 1 0,00 0.00 EXCLUSIONS: This Contract only covers the cost of equipment, materials and services that are clearly outlined in the Scope of Work. All other equipment, materials and /or services that are not clearly outlined in the Scope of Work are excluded. Exclusions include, but are not limited to the following: 1. CA Sales Tax, site work, site drains, filter fabric, builders risk insurance, furnishing plans, obtaining permits, etc. 2.Surveying, barricades, traffic control, flagging, erosion control, dust control, modifications and /or repairs to any existing or damaged utilities as a result of this work. 3. Dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined in this Contract. See Terms and Conditions for a description of Unforeseen Conditions. Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3226 Grey Hawk Court, Carlsbad, C4 92010 - Phone 760 -599 -7355 or 855- 599 -7355 - Fax 760- 599 -7385 2015 -04 -14 Agenda Packet Page 306 CONTRACT Customer City of Chula Vista 276 Fourth Avenue Chula Vista. CA 91910 Contractor I Project Pacific Play Systems, Inc. Date 1 1/12/2015 Contractor Lic. # 957776 Class A /B/C61/D34/D12 Terms See Payment ... Phone (760) 599 -7355 1 Valid for I 30 Days Description Required Statement for California Projects: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is field within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. This Contract is executed between Pacific Play Systems, Inc., a California corporation, hereafter referred to as Contractor, and Customer (also refereed to as Owner), identified in the Customer section of this Contract. Either Customer or Contractor may be referred to as Party, together as Parties. The purpose of this Contract is for Contractor to provide Customer with equipment, materials and /or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract. By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law. ACCEPTED BY CUSTOMER: Customer's Name: Signature: ACCEPTED BY CONTRACTOR: Pacific Play Systems, Inc. California Contractors License #957776 Date accepted: Signed By: Date accepted: t -1 try'! 5 Classifications: A, B, C61 -D12, C61 -D34 Federal Tax I.D. #: 27- 4620108 Signature: Signed By: Ali Bemanian, President CA Sales Tax, Tax x t Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. www.pacificplayinc.com Qty j state I Total 0.00%1 0.00 Total $99,485.00 PACIFIC PLAY SYSTEMS, INC. 3226 Grey Hawk Court, Carlsbad, CA 92010- Phone 760- 599 -7355 or 855-S99-7355- Fax 760 -1599 -7385 l 5 `ro. .` f —I 2015 -04 -14 Agenda Packet Page 307 EXHIBIT A TERMS AND CONDITIONS 1. ATTORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary, Contractor shall be entitled to collecting interest and all reasonable costs incurred to the extent allowed by law. 2. BUSINESS LICENSE: If obtaining a business license becomes necessary for a particular city in which Contractor does not have a current license with, Contractor shall obtain the required license and Customer shall reimburse Contractor for its cost (including staff time) at cost plus 16 %. 3. CHANGE ORDERS: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. 4. DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Contractor in a manner selected by Contractor. 5. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract, including making timely payments per Payment Terms outlined in this Contract. Customer's failure to pay amounts due under this Contract in a timely fashion shall constitute forfeiture of any and all discounts provided under this Contract and shall increase Contract sum by the amount of discounts provided. 6. ENGINEERED WOOD FIBERS (EWF) is sold in quantities of cubic yards. EWF will settle after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking, 18" of material settles to a compacted depth of 10" -12 ". EWF requires maintenance and some topping off from time to time. 7. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they related in any way to the subject matter hereof. 8. EXPANSIVE SOILS: Contractor shall not be responsible for undesirable affects (poor drainage, settlement, expansion, contraction, etc.) of expansive soils (clay soils, etc.), unless all unsuitable materials are removed and replaced (at Customer's cost) with a proper sub -base, prior to installation. 9. FINAL INSPECTION: Customer shall perform a final inspection of the project while Contractor or his agents are still on site and shall report any concerns to Contractor at that time so that valid concerns can be corrected right away in order to avoid additional trips to the job site. Pacific Play Systems, Inc. - 3226 Grey Hawk Court, Carlsbad, CA 92010, Phone 760 -599 -7355 - California Contractors Lic. #957776 2015 -04 -14 Agenda Packet Page 308 10. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domestic laws of the State of CA without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction shall be the County of San Diego, North County Judicial District. 11. INSURANCE: Contractor agrees to carry the following insurance limits during the course of project: Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate. Excess Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate. Workers Compensation: $1000,000 Commercial Auto Insurance: $1,000,000 Proof of insurance or additional insured certificates (issued to Customer only) shall be provided upon request. Any custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or certificates to multiple entities shall be provided at additional cost (Contractor's cost plus 15 %), if requested and only if available. 12. LEAD TIME: Unless otherwise noted, lead time for delivery of equipment is approximately 8 -10 ( + / -) weeks AFTER receipt of the signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for different projects, depending on size and Scope of Work. 13. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired items associated with this Contract, after completion, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. 14. NOTICES: All notices required by this Agreement shall be in writing and be delivered via United States Certified Mail, Return Receipt Requested, addressed to the party to whom such notices are directed. Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein. 15. OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it is considered delivered and Customer shall become responsible for its security. 16. OPTIONS: Options are considered equipment, materials and /or services that are not included in the Scope of Work, but can be utilized to modify the Scope of Work, enhance quality or lower cost. If Customer chooses to utilize any of the Options listed in the Contract, Customer shall notify Contractor in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate such Options. Once equipment is ordered, it may be too late to make any changes, without affecting cost. 17. PAYMENT TERMS: All payments are due per Payment Terms outlined in this Contract. Past due balances are subject to an annual interest rate of 18 %, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, the -- 2 Pacific Play Systems, Inc. - 3226 Grey Hawk Court, Carlsbad, CA 92010, Phone 760- 599 -7355 - California Contractors Lic. #957776 2015 -04 -14 Agenda Packet Page 309 prevailing party shall be entitled to costs incurred plus attorney fees to the full extent allowed by the applicable laws. 18. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and properly barricade the site until repairs are made. 19. RETURNS: Equipment and materials associated with this Contract are highly customized and shall be considered Non - Returnable. Once the Contact is signed and equipment and materials are ordered, it cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by Contractor. In the event that Contractor agrees to a change involving a reduction in the Scope of Work or the Contract sum after the award of Contract, Contractor shall be entitled to charge customer a fee in the range of 15 -30% (as determined by Contractor) of the cost of items deleted for the time and effort put forth into processing those items. Additionally, any discounts (if any), associated with the deleted items shall be reversed. 20. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. 21. SHADE STRUCTURES: Shade structures, shelters and canopies included in the Scope of Work (if any) are non - engineered (no calculations or engineering drawings) and non -rated (fire, wind, earthquake, etc.), unless otherwise noted in writing. -- 22. SITE WORK: Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials /sub -base/ drainage/ curbing/ sidewalks /slabs /etc. and creating sufficient space to accommodate the Use Zone of the equipment. If site work is excluded from the Scope of Work: A. Customer shall prepare site so that it is ready for the Contractor to move in. B. It shall be Customer's responsibility to coordinate site requirements with Contractor and provide the proper rough grade elevation in order to have the site ready for installation. C. If site is determined to not be ready upon move -in by Contractor and additional move -ins become necessary, a $1,500 extra move -in charge shall apply for each additional move -in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the job site until Contractor is able to return and re -start installation. 23. SLAB: All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 1/2" thick) without any reinforcement, unless otherwise noted. 24. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Parry. Customer shall not assign this Contract to any third party implementation agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Contractor. 3 Pacific Play Systems, Inc. - 3226 Grey Hawk Court, Carlsbad, CA 92010, Phone 760 -599 -7355 - California Contractors Lic. #957776 2015 -04 -14 Agenda Packet Page 310 25. SUB - CONTRACTORS: Contractor reserves the right to use subcontractors for the labor portion of project without prior consent from the Customer as long as subcontractors used are licensed and insured. 26. TERMINATION: This Contract shall not be terminated by either party without material cause. Contractor may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer. If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered and services rendered to the full extent allowed by law. 27. UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (irrigation, wiring, water, sewer, electric, phone, data, gas, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that can't be cored through or excavated with a shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as existing footings, curbing, border, pavement, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and /or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Contractor's out of pocket cost plus 15 %. Customer shall indemnify Contractor from any liability associated with damage to underground utilities as a result of Unforeseen Conditions. 28. UTILITIES: Utilities include but are not limited to water, sewer, gas, electricity, irrigation and data. In order to minimize damage to utilities, Customer shall mark, cap or relocate all underground utilities that are located within the work area, prior to the start of work by Contractor. Contractor shall not be responsible for damage to underground utilities which are not clearly located and marked by Customer or marked incorrectly. 29. WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Contractor. Materials' warranties are provided by the supplier of materials and not by Contractor. When available, Contractor shall provide copies of equipment and materials' warranties to Customer upon request. Contractor shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion. .4 >.. r 4 Pacific Play Systems, Inc. - 3226 Grey Hawk Court, Carlsbad, CA 92010, Phone 760- 599 -7355 - California Contractors Lic. #957776 2015 -04 -14 Agenda Packet Page 311 /I— BID BOND CONTRACTOR: (Name, legal status and address) Pacific Play Systems, Inc. 3226 Grcy Hawk Court Carlsbad, CA 92010 OWNER: (Name, legal vales and address) City of Chula Vista 276 Fourth Avenue, Building A Chula Vista, CA 91910 BOND AMOUNT: Ten percent (10 1%) of amount bid PROJECT: (Name, location or address, and Projecl number, ifany) Play Ground Equipment and Installation (PR3200 RFP P07 -14/15 SURETY: North American Specialty Insurance Company 6 Hutton Centre Drive, Ste. 850 Santa Ana, CA 92707 legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed 4d seal ,d thi 9d, day of January (Witness) (Witness) This Document conforms to the AIA Document A310r "r-- 2010 2015 -04 -14 Agenda Packet Pacific PllAy Systems, Inc 2015 (Princip (Seal) (Title) Lt TN a+�/u�tlwwh V,P, North American Specialty Insurance Company (Surety) (Seal) (Title) nne ht. Attorney -in -Pact Page 312 lol- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On Jan_ uary 9, 2015 before me, Dana L. Michaelis Date Insert Name of Notary exactly as it appears on the official seal personally appeared Anne Wright Name(s) of Signer(s) • • DANA L. MIC�AELIS Commission # Z '� -` Notary p a Y ublic - California z San Diego County a My Comm. Expires Jun 27, 2016 Place Notary Seal Above , Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h and official seal. Signature ; S �6 /nl� C ignature of Notary Public Dana L. Michaelis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name ❑ Individual ❑ Corporate Officer ❑ Partner [Limited ❑General [ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 2015 -04 -14 Agenda Packet Number of Pages: Signer's Name ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other; Signer is Representing: Page 313 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORIINEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State ofNew Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: CYNDI BEILMAN, ANNE WRIGHT and DANA NCHAELIS JOINTLY OR SEVERALLY Its true and lawful A uorney(s)-in- Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000.00) DOLLARS _ This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 20121 "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the sea] of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." `yaQ IAUiTYIrf,�4prrr Koo pS40NA By Sieven P. Anderson. 5enlar Vlee Prclidem of Waahlnoon Internath,uAl InaaraAee Company L 79 Q, & Senior Vice I'midenr of North American Spedaltr Insumnce Company , m i nHN I 4p�_.� BY David ht. Layman, Vice Presldeal orwaahinyeon tntematiadal lmurance company ' u & Vice Preaidenr of North Amertean Spedd[y lnruranee Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this26th day of June , 2012 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of June 2012 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. LaE!an , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by the duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ��J f " "OFFICIALSEAL" /�sc�+v'u+ ol./. ffiley�+ul DONNA D. SKLENS Notary Public,State of illino]s Donna D. Sklens, Notary Public MyComfaissionEx 10M MIS I, Jeffrey Goldberg the duly elected Assistant Secretary f North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9th day of January '20 15 lcfrrcy GolJlxry„ Vicc Prcaidcnl C A.Viaren[ Sccicmry of Wwhinslon Intemntioanl insumnce Coopany & North American Spcoulty Insurantt C'ompnoy 2015 -04 -14 Agenda Packet Page 314 ^0 w 9'12' VALLE LINDO PARK- SITE PLAN I DATE: I SCALE; NTS I RFP 07 -14115 6 DRAWING NUMBER: SHEET 1 OF 3 0 N 0 a G. w ro w m .t aro V L- VALLE LINDO PARK TOP VIEW Poly Wave Slide w/ Hood Poly Double Wave Slide w/ Hood Playseat (below) Hex Roof Open Store Panel (below) Slide STRUCTURE #: 8292DA PROJECT #: DC79DA -2 DATE: 1/8/2015 1 DRAWN BY: MDM Wheel on Post Gear Panel 42" ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES a 814 0 5/3 3/3 Deluxe Grip Climber Q Q 1� a Q ON 48" 48° ,4 36" Disc P Climber Mosaic Panel Track 1--, limber w! Playseat Handrails (below) Talk Tube Transfer Station MIN. USE ZONE: 35'x 32' PLAYCRAFT REP: DIMENSIONS: 23'x 22' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. SPLAYCRUT 0 0 a G. w ro w m r. b ro w Co Co VALLE LINDO PARK TOP VIEW STRUCTURE #: BCBBBA PROJECT #: DC79DA -2 DATE: 1/8/2415 1 DRAWN BY: MDM F-r Clubhouse Peek Panel Talk Tube ADA ACCESSIBILITY GUIDELINE- ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES R 0/0 0 310 310 Shingled Gable Roof ' !1 I :11 MIN. USE ZONE: Six 10' PLAYCRAFT REP: DIMENSIONS: 6'x 11' Pacific Play Systems, Inc FOR KIDS AGES 2-5 GENERAL NOTES: This conceptual plan is based on information provided prior to Con5truction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions, WARPING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment Refer to the CPSC'S Handbook For Public Playground Safety. Section 4: Surfacing. IlPLAVICRUT 0 0 a G. w ro w m r. ro aro VALLE LINDO PARK TOP VIEW ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0 3/0 210 Tic -Tac -Toe Pinball Memory Panel Panel Panel STRUCTURE #: 7FFDBA PROJECT #: DC79DA -2 DATE: 1/8/2015 1 DRAWN BY: MDM MIN. USE ZONE: 12'x 1' PI_AYCRAFT REP: DIMENSIONS: 12'x 1' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall sleight) appropriate for the highest accessible part of this egvipment, Refer to the CPSCS Handbook For Public playground Safety, Section 4, Surfacing. NPLAYCRAFT N 0 0 a as a w ro w m r. VALLE LINDO PARK SW VIEW FOR KIDS AGES 2 -S STRUCTURE #:8292DA PROJECT #: DC79DA -2 PLAYCRAFT REP: SPLAYCRAFT o DATE: 1/8/201 S I DRAWN BY: MDM Pacific Play Systems, Inc m W N VALLE LINDO PARK NE VIEW STRUCTURE #:8292DA PROJECT #: DC79DA -2 DATE: 7/8/2015 1 DRAWN 8Y: MOM PLAYCRAFT REP: Pacific Play Systems, Inc FOR KID$ AGES 2 -5 SPLAYCRAFTI 0 0 a as a w ro w m r. ro aro N N VALLE LINDO PARK SW VIEW STRUCTURE # :BCBBBA PROJECT #: DC79DA -2 DATE: 1/8/2015 1 DRAWN BY: MDM PLAYCRAFT REP: Pacific Play Systems, Inc FOR KIDS AGES 2 -5 SPLAYCRAFT VALLE LINDO PARK SW VIEW FOR KIDS AGES 2 -5 STRUCTURE #: 7FFDBA PROJECT #: DC79DA -2 PLAYCRAFT REP! RIPLAYCRAFT w DATE: 1/8/2015 I DRAWN BY: MDM Pacific Play Systems, Inc N W MPLAYCRAFT VALLE UNDO PARK City of Chula Vista Bill of Materials Project# DC79DA -2 1/8/2015 Item Description Quantity 8292DA 3 GF -7002 Dome Cap, R5 3 S- 1010 -R5 -1 Oft Post, 1Oft R5 2 S- 1011- R5 -11ft Post, 11 ft R5 1 S- 1013- 115 -13ft Past, 13ft R5 6 S- 1101 -R5 Square Deck 1 S- 1102 -RS Tri -Deck 1 S- 1106 -R5 Hex Deck, Half (4 Post) 2 S- 1209 -24 -RS Transfer Station, 36in -L 1 5- 1216- DLX3R5 Climber, Deluxe Grip 30 -36in 1 S- 1232- 4RS -HR Climber, Track 42 -48in (w/ Hand Rails) 1 S- 1233- 3R5 -HWMC Climber, Disc 30 -36in (w/ HW, MC) 1 S- 1644 -R5 Gear Panel 1 S- 1645 -R5G Store Panel (Open) 1 S- 1685 -R5 Mosaic Panel 1 S- 1702 -4R5H Slide, Wave 48in (Double w/ Hood) 1 5- 1704 -4R5H Slide, Wave 48in (Single w/ Hood) 1 S- 1710 -4115 -R Slide, Twister 48in (R) 1 S- 1803 -R5 Roof, Hex 1 S- 1812 -R5 Driver Wheel (Post Mounted) 1 S- 1910 -115 Talk Tube (Post Mounted, Right) 1 S- 1962 -R5 Play Seat (Double Post) 2 BCBBBA 2 GF -7002 Dome Cap, R5 2 S- 1007- R5 -07ft Post, 07ft R5 1 S- 1008- R5 -08ft Post, 08ft RS 1 Page 1 of 2 2015 -04 -14 Agenda Packet Page 324 PLAYCRAFT Bill of Materials r (continued) Item I Description I Quantity S- 1009- R5 -09ft Post,09ft R5 4 S- 1605 -R5G Clock Panel 1 S -1610 -115G Peek Panel 1 S- 1639 -R5 Clubhouse 1 S- 1808 -R5 Roof, Gable (Shingled) 1 S- 1910 -R5 Talk Tube (Post Mounted, Right) 1 7FFDBA 2 GF -7002 Dome Cap, R5 4 S- 1007- R5 -07ft Post, 07ft R5 4 S- 1608 -R5G Memory Panel 1 S- 1616 -RSG Tic -Tac -Toe Panel 1 S- 1631 -R5G Pinball Panel 1 Page 2 of 2 2015 -04 -14 Agenda Packet Page 325 le `i 2015 - 04 -14 A g e ncta P a.c ke� Page' N O N N O N a w w ro w .Ly w V DnTM / 3¢nS J wnIJ9lw \ \ r � �sris� / ST NA n- -SPIN\ / GFT MINIMUM 4C 2454 USE SPINNER Z[NE�/ SEAT / 14 61T / MINIMUM USE / DOTD6 STmvT= 5-12 ZONE mw We PACIFIC PLAY SYSTEMS, INC, 3226 GREY HAWK COURT DATE: CARLSBAD, CA 92010 LOS NINOS PARK- SITE PLAN SCALE: NTS RFP 07 -14115 6 DRAWING NUMBER: SHEET 2 OF 3 0 0 H+ a as G. w ro w m m Co Co LOS NINOS PARK TOP VIEW Poly Wave Slide w/ Hood Poly Double Wave Slide w/ Hood Playseat (below) Hex Roof Open Store/ Panel (below) Twister Slide STRUCTURE #: 41319EA PROJECT #: DE887A -2 DATE: 1/8/2015 1 DRAWN BY: MDM ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE FOR KIDS ELEVATED ACCESSIBLE RAMPACCESSIBLE GROUND TYPES AGES B 8/4 0 5/3 3/3 2-5 GENERAL NOTES: Deluxe Grip Climber Q Q Q I Wheel p p I on Post QQ Q Gear Panel 42 336" GO 48" 48" 36" Disc Q 0 Climber of Mosaic Panel Track Playseat Climber w/ (below) Handrails Talk Tube Tra nsfer Station MIN. USE ZONE: 35'x 32' PIAYCRAFT REP: DIMENSIONS: 23'x 22' Pacific Play Systems, Inc This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing, S N 0 0 a as to w G. w ro w ro r. b aro N LOS NINOS PARK TOP VIEW STRUCTURE #: PC2454 PROJECT #: DE887A -2 DATE: 1/8/2015 E DRAWN 8Y: MDM r ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0 1/0 110 PC 2454 SPINNER SEAT 0 MIN. USE ZONE 14'x 14' PLAYCRAFT REP: DIMENSIONS: 2'x 2' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site infonnatian, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. IMPLAYCRUT N 0 0 a as G. w ro w M ro aro w 0 LOS NINOS PARK TOP VIEW STRUCTURE #: PC2475 PROJECT #: DE887A -2 DATE: 1/8/2015 1 DRAWN 8Y: MDM ADA ACCESSIBILITY GUIDELINE- ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 oio o vo vo PC 2475 STAND -N- SPIN MIN. USE ZONE: 14'x 14' PLAYCRAFT REP: DIMENSIONS: 2'x 2' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, sail conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. ISPLRYCRUT N 0 0 a as G. w ro w M ro aro W LOS NINOS PARK TOP VIEW STRUCTURE #: PC1420R5 PROJECT #: DE887A -2 DATE: 1/8/2015 j DRAWN BY: MDM 1 r ADA ACCESSIBILITY GUIDELINE- ADAAG CON FORNIANCE - ELEVATED ACCESSIBLE RAMPACCFSSIBLE GROUND TYPES 0 010 0 110 1/0 PC- 1420 -R5 TALK TUBE MIN. USE ZONE: 2'x 3' PLAYCRAFT REP: DIMENSIONS: 2'x 3' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be ohtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. SPLAYCRAFT 0 0 a as a w ro w m r. m W W N LOS NINOS PARK SW VIEW STRUCTURE #:4B19EA PROJECT #: DE887A -2 DATE: 1/8/2015 1 DRAWN BY: MDM PLAYCRAFT REP: Pacific Play Systems, Inc FOR KIDS AGES 2 -5 SPLAYCRAFT EMEMMEMEMEMMEM m W W LOS NINOS PARK NE VIEW STRUCTURE #:4B19EA PROJECT #: DE887A -2 DATE: 1/8/2015 I DRAWN BY: MDM PLAYCRAFT REP: Pacific Play Systems, Inc FOR KIDS AGES z -s MPLAYCRAFTI MPLAYCRAFT LOS NINOS PARK City of Chula Vista Bill of Materials Project# DE887A -2 1/8/2015 Item Description Quantity 4819EA 3 GF -7002 Dome Cap, R5 3 S- 1010- R5 -10ft Post, 1Oft R5 2 S- 1011- 115 -11ft Post, 11 ft R5 1 S- 1013- R5 -13ft Post, 13ft R5 6 S- 1101 -115 Square Deck 1 S- 1102 -R5 Tri -Deck 1 S- 1106 -RS Hex Deck, Half (4 Post) 2 S- 1209 -24 -115 Transfer Station, 36in -L 1 S- 1216- DLX3R5 Climber, Deluxe Grip 30 -36in 1 S- 1232- 4R5 -HR Climber, Track 42 -48in (w/ Hand Rails) 1 S- 1233- 3R5 -HWMC Climber, Disc 30 -36in (w/ HW, MC) 1 S- 1644 -R5 Gear Panel 1 S- 1645 -R5G Store Panel (Open) 1 S- 1685 -RS Mosaic Panel 1 S- 1702 -4R5H Slide, Wave 48in (Double w/ Hood) 1 S- 1704 -4R5H Slide, Wave 48in (Single w/ Hood) 1 S- 1710 -4R5 -R Slide, Twister 48in (R) 1 S- 1803 -R5 Roof, Hex 1 S- 1812 -115 Driver Wheel (Post Mounted) 1 S- 1910 -115 Talk Tube (Post Mounted, Right) 1 S- 1962 -115 Play Seat (Double Post) 2 PC2454 A2 -2454 PC 2454 Spinner Seat 1 PC247S S -1949 PC 2475 Stand -n -Spin 1 Page 1 of 2 2015 -04 -14 Agenda Packet Page 334 V� id R ;a, W, Bill of Materials (continued) Item Description Quantity PC1420R5 2 G F -7002 S- 1008- R5 -08ft 5- 1910 -R5 Dome Cap, R5 Post, 08ft R5 Talk Tube (Post Mounted, Left) Page 2 of 2 2015 -04 -14 Agenda Packet Page 335 N► DRAWING NUMBER: .�y LOMA VERDE PARK- SITE PLAN <v PACIFIC PLAY SYSTEMS, INC. QO 3226 GREY HAWK COURT DATE: SCALE: NITS w w CARL$6AD, CA 92010 a RFP 07 -14-15 SHEET 3 OF 3 0 0 a as to G. w ro w M ro aro A w w V LOMA VERDE PARK TOP VIEW STRUCTURE #: C97A7A PROJECT #: 3806CA DATE: 1/9/2015 DRAWN BY: CDH Store Panel Clock Panel L—: Shingled Gable Roof l- ADA ACCESSIBILITY GUIDELINE - AOAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 010 0 5/0 4/0 Talk Tube Driver Wheel to Post Clubhouse MIN. USE ZONE: 6'x 9' PLAYCRAFT REP: DIMENSIONS: Tx 9' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the fallowing, should be obtained, evaluated, and utilized in the final pfaject design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. SPLAYCRAFT 0 0 a as G. w ro w m ro aro W co co LOMA VERDE PARK TOP VIEW l ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0 210 210 Pinball Tic -Tac -Toe Panel Panel STRUCTURE #: 85C19A PROJECT #: 3806CA MIN. USE ZONE: 8'x 1' DATE: 1/9/2015 DRAWN BY: CDH DIMENSIONS: 9'x 1' PLAYCRAFT REP: Pacific Play Systems, Inc FOR KIDS AG ES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topog raphy, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. NPLAYCRAFT Im 0 0 a R w ro w I# m r. ro aro ro W W LOMA VERDE PARK TOP VIEW STRUCTURE #: PC1420 PROJECT #: 3806CA DATE: 1/9/2015 DRAWN BY: CDH 1 ADA ACCESSIBILITY GUIDELINE - ADAAG CO N FORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 .. 0 1/0 1/0 Talk Tube a MIN. USE ZONE: 2'x 3' PLAYCRAFT REP. DIMENSIONS: Tx 3' Pacific Play Systems, Inc FOR KIDS AGES 2 -5 GENERAL NOTES: This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design- Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height vaiue (Fall Height) appropriate for the highest accessible part of this equipment Refer to the CPSC'S Handbook For Public Playground Safety, Section 4- Surfacing. SPLAYCRUT 0 0 a as a w ro w m r. ro aro 0 i l LOMA VERDE PARK NE VIEW STRUCTURE #:C97A7A PROJECT #: 3806CA DATE: 1/9/2015 1 DRAWN BY: CDH PLAYCRAFT REP: Pacific Play Systems, Inc FOR KIDS AGES 2 -5 SPLAYCRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING THE BID OF THE FIRST LOW BIDDER AS NON - RESPONSIVE ACCEPTING AND AWARDING THE "PLAYGROUND EQUIPMENT AND INSTALLATION" PROJECT (PR320) PROJECT TO PACIFIC PLAY SYSTEMS TO FURNISH AND INSTALL PLAYGROUND FACILITIES AT VALLE LINDO, LOS NINOS AND LOMA VERDE PARKS WHEREAS, the U.S. Consumer Product Safety Commission Handbook for Public Playground Safety publishes guidelines for the purchase, installation and maintenance of public playground equipment to promote greater safety; WHEREAS, in the interest of playground safety, on December 12, 2014 the City advertised a Request for Proposal RFP P07 -14 -15 "Playground Equipment and Installation" (PR320) to furnish and install three (3) turnkey children's playground facilities at Valle Lindo, Los Ninos and Loma Verde parks; and WHEREAS, on January 14, 2015 the City received three (3) sealed bids for RFP PO -14 -15 "Playground Equipment and Installation" (PR320) project; and WHEREAS, the City received bids from three (3) contractors as follows: CONTRACTOR BID 1 JMJ Construction $ 97,527.40 2 Pacific Play Systems $ 99,485.00 3 Zazueta Contractors, Inc. — Option 1 $113,614.00 Zazueta Contractors, Inc. — Option 2 $115,842.00 WHEREAS, the apparent lowest bid submitted by JMJ Construction was determined to be non - responsive because the contractor did not include the signed addenda in the bid package; and WHEREAS, staff is recommending award of contract for this project to second lowest responsible bid submitted by Pacific Play Systems in the amount of $99,485; and WHEREAS, the bid package submitted by Pacific Play Systems is complete with no errors or omissions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby reject the bid of the first low bidder as non - responsive and 2015 -04 -14 Agenda Packet Page 341 award "Playground Equipment and Installation" (PR320) project to Pacific Play Systems in the amount of $99,485 Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 342 CITY OF CHULA VISTA File #: 15 -0133, Item #: 18. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE SEWER AND PARKING CITATION BILLING SERVICES BETWEEN THE CITY AND INFOSEND, INC. AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE -YEAR OPTIONS TO EXTEND THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City has contracted for printing and mailing services for sewer bills since 2002. In 2010, the City began contracting the same services for parking citations issued by the Chula Vista Police Department. A Request for Proposals to provide sewer and parking citation billing services was issued and award to InfoSend, Inc. is recommended. 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 mailing sewer bills and parking citations 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 Finance Department followed Municipal Code Section 2.56 and City Council Policy No. 102 -05 in the consultant selection process. A Request for Proposals (RFP) was issued on September 5, 2014 for sewer and parking citation billing services. The RFP was posted electronically on PlanetBids.com, a web -based vendor and bid management system that is widely used by other local agencies. In addition, the RFP was sent directly to the current vendor, InfoSend, Inc. No other vendors indicated interest in future procurements. Three proposals were received and technical criteria: • Pricing of services; • Quality of online user interface; • Reporting capabilities; • Quality control measures; City of Chula Vista 2015 -04 -14 Agenda Packet evaluated by a Selection Committee based on the following Page 1 of 3 Printed on 4/9/2015 powered by LegistarT"^ Page 343 File #: 15 -0133, Item #: 18. • Data security and archiving; • Payment Card Industry (PCI) compliance; and • Overall quality of the proposal. Proposals were received from DATAMATX, Electronic Output Solutions (EOS), and InfoSend. Staff calculated a projected annual cost for each proposal based upon unit pricing and annual data access and storage charges. DATAMATX is projected to be the most expensive vendor, followed by EOS, with InfoSend projected to be the least expensive vendor. The City currently contracts with InfoSend, Inc. for the subject services. Based upon scores assigned for the above referenced criteria, the quality of services currently provided to the City, and InfoSend's position as lowest -cost bidder, the Selection Committee recommends awarding the contract to InfoSend, Inc. The City generates approximately 90,000 sewer bills and 3,000 parking citation notices annually. In fiscal year 2013 -14, the City paid InfoSend $14,504 for printing and mailing services, with an additional $33,179 paid for postage. No significant change in the annual cost of printing and mailing services is anticipated under the new contract. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18705.2 (a)(11), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Awarding a contract for sewer and parking citation billing services supports the Operational Excellence goal by providing a cost effective means of invoicing monies due to the City. CURRENT YEAR FISCAL IMPACT All costs associated with preparation and mailing of sewer invoices are borne by the Sewer Service Fund. All costs associated with preparation and mailing of parking citation reminder notices are borne by the General Fund. Projected annual costs by fund and activity are summarized in the table below. Sewer Parking Citations Total Printing & Related Services $ 15,000 $ 1,000 $ 16,000 Postage $ 30,000 $ 1,500 $ 31,500 Total $ 45,000 $ 2,500 $ 47,500 Sufficient funds were included in the adopted fiscal year 2014 -15 budget. No additional appropriation is requested. City of Chula Vista Page 2 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 344 File #: 15 -0133, Item #: 18. ONGOING FISCAL IMPACT All costs associated with preparation and mailing of sewer invoices are borne by the Sewer Service Fund. All costs associated with preparation and mailing of parking citation reminder notices are borne by the General Fund. Projected annual costs by fund and activity are summarized in the table below. Sewer Parking Citations Total Printing & Related Services $ 15,000 $ 1,000 $ 16,000 Postage $ 30,000 $ 1,500 $ 31,500 Total $ 45,000 $ 2,500 $ 47,500 The initial term of the agreement shall be three years. The City Manager shall have the authority to approve the extension of this agreement for two one -year terms, at the City's sole discretion. Fees may be adjusted once every twelve months to account for increases in the cost of materials, labor, and other overhead costs. The maximum annual increase shall be limited to the Consumer Price Index (CPI) for the State of California, plus 1.5 %. Postage fees can be changed at any time per USPS regulations and do not require an amendment to the Agreement. ATTACHMENTS 1. Agreement between City of Chula Vista and InfoSend, Inc. to Provide Sewer and Parking Citation Billing Services Staff Contact: Tiffany Allen, Finance Department City of Chula Vista Page 3 of 3 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 345 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 n s Ci Attorn y Dated: AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND INFOSEND, INC. TO PROVIDE SEWER AND PARKING CITATION BILLING SERVICES 2015 -04 -14 Agenda Packet Page 346 Agreement between City of Chula Vista and InfoSend, Inc. To Provide Sewer and Parking Citation Billing Services This agreement (Agreement). effective January 1. 2015, 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 Finance DirectorfTreasurer is responsible for collecting all City revenue; and WHEREAS, the City requires invoice printing, inserting and mailing services for sever and parking citation billings; 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. [End of Recitals. Next Page Starts Obligator' Provisions.] Page 1 Two Parry Agreement Between the City of Chula 111sta and InfoSend Inato Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 347 C:%Use Td&-�rnAV)OcunxnmNF=rc R&R%Corsultwz\Pnjmug Services RFP 2014UnSoSend Agnzn'& 1 201 5-03 A[n. App%'d,dOCs OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually agree as follows: All of the Recitals above are incorporated into this Agreement by this reference. ARTICLE 1. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope of Work_ and Schedule. In performing and delivering the General Duties; Consultant shall also perform the services, and deliver to City the "Deliverables" described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule." according to, and within the time frames set forth in Exhibit A, Paragraph 8. time being of the essence of this agreement. The General Duties and the work and Deliverables required in the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not; except at the option of the City, terminate this Agreement. a. Reductions in Scope of Work. City may independently, or upon request from Consultant; from time to time, reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so; City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. b. Additional Services. In addition to performing the Defined Services, City may require Consultant to perform additional consulting services related to the Defined Services (Additional Services), and upon doing so in Writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. I 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. Alo 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 Cup of Chula Vista and injoSend. far-to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 348 C:lilsenXTif hmAVWwrr=T n we R&RIConstA=LslPn=a Services RFP 2014UnfoScM ApemLenl 2015-03 Am Amd,docy B. Application of Laws. Should a federal or state law pre -empt a local law, or regulation, the Consultant must comply with the federal or state law and implementing regulations. No provision of this Agreement requires the Consultant to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of federal, state, territorial, or local law, regulation, or ordinance. If compliance with any provision of this Agreement violates or would require the Consultant to violate any law. the Consultant agrees to notify City immediately in writing. Should this occur, the City and the Consultant agree that they will make appropriate arrangements to proceed with or. if necessary, amend or terminate this Agreement, or portions of it, expeditiously. 1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that all participants utilized by the Consultant to complete its obligations under this Agreement, such as subcontractors, comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local, affecting Project implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, the Consultant shall ensure that the subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. C. Insurance I . General. Consultant must procure and maintain, during the period of performance of this Agreement. and for twelve months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work 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 InjoSend Inc to Praride Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 349 C:1UsesslTiffmn-AV ocunrntsTftw ce R&RConsWtaros\Prmdng Smices RFP 20141InfoSeM Agrmyv= 2015-03 Am Apptddocx 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 em to �ee iv. Professional $1,000,000 each occurrence Liability or Errors & Omissions Liability: 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 w=orker'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. Page 4 Two Parry Agreement Between the City of Chu1a i ista and InfoSend Inc to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 350 C:1Usu51Tiffan, A1Do wmntslFir== R&R1ConstiltantslPrind% senices RFP 2014VnfoSmd Agmenx'nt 2015-03 Am• Appt•d,docx b. Primar}, 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. d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition. Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are «ritten 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. 1Vfaintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a " Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting" coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESL1) 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 Covers e. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page Two Part}• Agreement Between the City of Chula {'ista and InfoSend Intro Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 351 C % tJserslTifrw yA\Docn:t>etttslFircaz R&RConsultanulRintiag Smices RFP 20144WbSend Aprenwnl 2015-03 Atty Appvddm -, 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. 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 I. 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, hrtp : /h%,N %,%v.fnis.treas.gov /c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement; and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City. 2. Letter of Credit. In the event that Exhibit A. at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit'), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at its unfettered discretion by submitting to the bank a letter. signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in Exhibit A, Paragraph 18. Page 6 Two Party Agreement Between the City of Chula Vista and InfoSend Inc to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 352 C:NUsers%Titimn-A'Donu tmm\Firw= R&R1ConstdtamsrPrii Senices RFP 2014Vnfo5eod Ap=ncnt ?01503 Aay Appvddoc, 3. Other Securitv. 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. 1. Following Receipt of Billin . Upon receipt of a properly prepared bill from Consultant, submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A. Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A. Paragraph 10. adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement. subject to the requirements for retention set forth in Paragraph 18 of Exhibit A. and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing, including properly executed payrolls, time records, invoices, contracts. or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors, omissions. negligence or acts of willful misconduct of the Consultant. its agents. employees, or subcontractors. Page 7 Two Party Agreement Between the Cite of Chula t'ista and InfoSend Inato Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 353 CA serslTiffamnAUN)cu=nts\Fwo" R&- ZCawLdtanrs)Pnndng Senices RFP 20 WVnfoSend Ag n=l 2015 -03 Am- Appvd docr 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 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 am: 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 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. I 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 Parry Agreement Between the Cite of Chula 1'Ista and InfoSend Inc-to Provide Sewer and Parking Cilation Billing Services. 2015 -04 -14 A�ggenda Packet Page 354 c:lUsc5lTiffam A&mx.=T,=tce R&RtConsultwts`Pr JJ* Senicea RFP 201411nfoScnd Ageemcm 3015-03 Am- App. -ddocx 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 know =ledge. have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer. Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. 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 an), 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. Page 9 Two Part} ,agreement Between the City ojChula N7sta and 1njoSend lncto Praride Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 355 C:I serslTiffamAtDocunrrrslFirw= R&RtConsaltmns\Prh" Services RFP 2014UnMend Agteenm 2015 -03 Art Appr,d.docx 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 Penalh . 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 B (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. 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 Page 10 Two Part] Agreement Between the Qv of Chula i isia and InjoSend Inc to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 356 C:1Users%Tifrzm•A1i xwTKnt5Tu== R&RCDnstdum)Pris Senicts RFP 2014UnfoScM AgrwnrM 20B-03 Amy AMddocx obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. I Costs of Defense and Award. Included in the obligations in Sections A.1 and A2, 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.1. and A2., 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 (3) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City. and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. In that event, all finished and unfinished documents and Page I 1 Two Parry Agreenwiv Between the City of Chula NAsta and InfoSend. Inc to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 357 C :\tJsasCfMmyA\DocumcmTft re R&WConsuhanmTftra Smim RFP 2014VnfaSc nd Agreement 2015 -03 Any App%,d docx 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. 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 VIIL PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. Within ninety (90) calendar days following Project completion or termination by City, Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. Page 12 Two Parr}• Agreement Between the City of Chula iirsra and InjoSend. Ine to Provide Sewer and Parking Citation Billing services. 2015-04-14A ggenda Packet Page 358 C: 1lTxrs4riffasnAlDocumentslFinnce RRRC0nsLdMnJslPrin* Seniws EiFP 20141Lsfasad Ageemen[ 201 5-03 An Appvd,docx 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 Croy, 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. ?. No Obligations to Third Panics. In connection with the Project, Consultant agrees and shall require that its agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors. or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in or approved any solicitation. subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code. as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth Page 13 Two Party Agreement Between the City of Chula Vista and InfoSend Inato Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 359 C:IUserslT1ffan-A\Docu==XF=wt R&R1CoasulsantslPrinring Senices RFP 2014UnfaSend Agreement 2015 -03 A=% App%+ddocr 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. 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 1 is marked, the Consultant and/or its principals is /are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. 1. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail. addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement as the places of business for each of the designated parties. J. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision of it may be amended, modified. waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing La"Wenue. 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 Dieoo 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 Agreerwnt Between the City of Chula Vista and lnfoSend Incto Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 360 CALTsersMffam-AU)ocumc=\Fmr,-e RgR\Consul= slP m3ng Senim RFP 2014\1nfosend Awn 2015-03 Am AM-d,docx Signature Page to Agreement between Cite of Chula Vista and InfoSend, Inc., To Provide Sewer and Parking Citation Billing Services IN WITNESS WHEREOF. City and Consultant have executed this Agreement. indicating that they have read and understood same, and indicate their full and complete consent to its terms: Citv of Chula Vista Bv• Mary Casillas Salas, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney InfoSend, Inc., By Russ Rezai, Chief Operating Officer Exhibit List to Agreement: Exhibit A Page 15 Two Party Agreement Between the City of Chula Vista and InfoSend, Inc. to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 361 C:1UscrMTifram•A\Docunx- rm\Fu== R& WConsulta=Trinting Smices RFP 20 W\1nf0ScW Apwnrm 2015 -03 Am Ap{nd.docx Exhibit A to Agreement between City of Chula Vista and InfoSend, Inc. 1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page I of the Agreement. 2, City- Related Entitv: (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: (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: InfoSend. Inc. 5. Business Form of Consultant: () Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 4240 E. La Palma Avenue Anaheim, CA 92807 Phone: (800) 955-9330 a (insert business form] Page 16 Two Party Agreement Between the Cite of Chula 1 isra and InfoSend Inato Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 362 C:ILfse MifbmA\DocunrnsrFmmm P &MCotnult=\Printisg Seriees RFP 201311nfoSetd AQeeuml 2015-03 Amy Apptid.docx 7. General Duties: Services shall include provision of invoice printing, inserting, and mailing services for sewer and parking citation billings. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. Sewer Billing Services a. Consultant shall process, print, insert, and mail approximately 1,000 sewer invoices on a bimonthly basis. b. Consultant processing shall include address validation and presorting. C. Invoices shall be generated using billing data provided electronically by the City' 2. Parking Citation Billing Services a. Consultant shall process, print, insert, and mail approximately 500 parking citation billinJreminder notices on a bimonthly basis. b. Consultant processing shall include address validation and presorting. c. Invoices shall be generated using billing data provided electronically by the Cite. 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: Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: This agreement shall be for a term of three years, commencing on the effective date, with two one -year options to extend the term beyond the initial three -year period. The City may exercise each one -year option at its sole discretion, upon written notification of the City Manager. or designee, to Consultant. 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( ) Single Fixed Fee Arrangement. Page 17 Two Part• Agreement Between the Citr of Chula [ rsta and InfoSend. Inalo Provide Sewer and Parking Citation Billing Services. C .Tsas1'3tffanyAg)ocumsntsTuunce R&,R1Con&W=tsTriuEng Senices RFP 2014VnfoSend Agtem=t 2015-03 A[n-Appvddocc 2015 -04 -14 Agenda Packet Page 363 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 O 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 malting interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below; City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase. and shall not be entitled to the compensation for a Phase. unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. S ?. S O 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that. at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily Page 18 Two Part}• Agreement Between the Cup of Chula Kim and lnfoSend Inc to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 364 C:lUscslTifianyA\Docunx-= Fimnce RRRConsWtantsNPnn* Smiccs RFP 201411nfoSe d Agseemem 2015 -03 Am AMd.docx completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 18 is to be applied to each interim payment such that; at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City. or such other person as the City Manager shall designate. but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For 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 S including all Materials. and other "reimbursables" (Maximum Compensation). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $ (Authorization Limit), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. { } Hourly rates may increase by 6% for services rendered after [month]; 20 if delay in providing services is caused by City. D. (X) Other See Exhibit B. 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: Page 19 Two Party .-agreement Between the City ojChala Vista and InfoSend Inc.to Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 365 C.1 serslTiffmn-A1�oca:rrntsSFina�rr R &R�Cor�sul rRiiling Services RFP 2014Unfo5a�d Agreenrrn 2015-03 Au} A d.docx ( ) None, the compensation includes all costs. Cost or Rate O Reports, not to exceed $ $ O Copies, not to exceed $ $ O Travel, not to exceed $ S O Printing, not to exceed S S () Postage. not to exceed $ S O Delivery. not to exceed S S O Outside Services: S O Other Actual Identifiable Direct Costs: S not to exceed $ $ not to exceed $ S 12. Contract Administrators: City: Tiffany Allen Treasury Manager City° of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 -2631 (619) 691-5179 Consultant: Russ Rezai Chief Operating Officer 4240 E. La Palma Avenue Anaheim. CA 92807 (800) 955-9330 U. Liquidated Damages Rate: ()S () Other: (X) None per day. 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. ( ) FPPC Filer Page 20 Two Parry Agreement Between the City of Chula Vista and InfoSend lnato Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 366 C:IUscrslTiffffin-AU)ocwner \Fu== R&RlConsu1mnrs\Pnnuw Senices RFP 20I45Info5ead Ageemem 2015 -03 Any AppWAocr O Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. O Category No. 3. Investments; business positions; interests in real property_ and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. ( ) 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. O 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. O List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: None 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly { } Quarterly {) Other: Page 21 Two Patty Agreement Between the City of Chula Vista and InfoaSend Inalo Provide Sewer and Parking Citation Billing Services. 2015 -04 -14 Agenda Packet Page 367 C :1UsoslTifiam•A1Documenrs\Fuwre RRRCortsid=arrPrittiistg Seni= RFP 201411niaSend Agreement 2015-03 Am. ApFn ddocr B. Dav of the Period for submission of Consultant's Billine: O First of the Month O 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: Multiple. 18. Security for Performance (X) None O Performance Bond, S O Letter of Credit. S O Other Security: Type: Amount: $ O 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: S_ 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. Paae 22 Two Parry Agreement Between the City of Chula 11sra and Info Send Incto Provide Sewer and Parking Chation Billing Services. 2015-04-14A ggenda Packet Page 368 C:1UsesslTiffamA&unentsWmmce RBRtCoasuliastrs\Prinring Srnices RFP 2014Vnfosend Agreement 20] 5 -03 Atn Apptd,docs Exhibit B to Agreement between City of Chula Vista and InfoSend, Inc. Compensation: Primary Services 11K i Per Item Regular Bills (per sheet) 50.0790 Price includes black plus blue, green or red duplex printing Price is per physical of variable data and form elements on the front and back of page. Includes the page onto white form with a perforation processing of unique data. CASS address OR validation, presorting, printing, and mail Price includes simplex printing of variable data on the front insertion. Finished of the page in black toner onto a pre-printed form. mail pieces are Parking Notices (per sheet) 50.10 delivered to the USPS within one (1) Price includes black plus blue, green, or red duplex printing business day. If of variable data and form elements on the front and back of samples (proofs) are the page onto white form with a perforation. requested then the Multiple Page Mail Piece Surcharge (handwork) 50.40 mailing will be completed within one Surcharge only applies to multiple page bills that have too day of sample many pages to be inserted into the 910 envelope by approval. machine. Postage (all job types) Actual Excludes materials, cost sales tax, and postage. City will be invoiced for the exact postage used. City must Pricing assumes Consultant's ability to use one of the two LISPS approved Move Update methods to receive presort discounts. Electronic Address Updates (NCOALink or ACS) 50.35 combine data files. Higher pricing applies Per reported update. Consultant electronically reports the if files must be printed addresses received in City data that need to be updated separately. because the customer filed a Change of Address Report with USPS. 2015 -04 -14 Agenda Packet Page 369 2. Compensation: Optional Services Per Item Per Item Drop - Shipped Inserts & Inserting of InfoSend- Printed Inserts 7 Regular Bills (per sheet) $0.0142 City may print and fold inserts and ship them to Consultant to be Paper is 8.5 x 11" and 24 lb., with a static pre - printed mailed with the statements. If folding is required. an additional fee of backer. Variable data is printed on the front of the bill. request. No additional service cost to use selective inserting to Price includes all inventory costs. OR 8.5 x 1 I ". 24 lb. white paper stock with perforation. Price Forms includes all inventory costs. Forms use regular paper stock. 30% post - consumer recycled paper stock is available for S0.0035 additional per iece. Late Notices (per sheet) $0.0142 Paper is 8.5 x 1 1" and 24 lb. Price includes all inventory costs. Standard Window Envelopes #10 InfoSend $0.0143 (per standard envelope) Standard Double Window Outgoing Envelopes include security tint Envelope printed on the inside of the paper stock and clear film that prevent #9 InfoSend Standard $0.0139 the contents of the envelope from being viewed. Envelopes use Single Window Envelopes sustainably logged paper (SFI). Return Envelope 30% post- consumer recycled paper stock is available for $0.003 additional per piece. Flat Single Window Envelopes (per standard envelope) $0.16 Only used for multiple page statements that do not fit in the #10 envelope. 2. Compensation: Optional Services Per Item Drop - Shipped Inserts & Inserting of InfoSend- Printed Inserts $0.01 (per insert) City may print and fold inserts and ship them to Consultant to be mailed with the statements. If folding is required. an additional fee of $0.01 shall apply. Consultant printed inserts shall be quoted upon request. No additional service cost to use selective inserting to 2015 -04 -14 Agenda Packet Page 370 selectively include inserts with certain bill types as long as at least 3,000 customers are targeted (setup costs may apply in situations for advanced selective inserting criteria). Cost includes all inventory costs. Print Image Archive (per PDF) $0.00 (3 months retention) Each bill is stored as a PDF and indexed in a database. Search by account number or other key fields. City shall be charged one upfront $0.008 fee per document to process it, index it, and store it for a set number (6 months retention) of months. 50.011 No setup fee. (12 months retention) $0.02 (24 months retention) FinalDoc CD (per CD) CD archiving service. Documents are stored on the CD in PDF format. 3. Other Provisions A. Custom Forms/Envelopes The Chula Vista has selected the Printing and Mailing Service and if at any time requests that InfoSend Fees include the cost of custom Client- specific materials (either in this Agreement or after its execution), then the Chula Vista understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per -unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend's Service for any reason. Client agrees to purchase the remaining supply of custom forms /envelopes upon Client's request to change the custom forms /envelopes before the supply has been depleted. B. Price Escalations to InfoSend Fees InfoSend Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials; labor, and other overhead costs. InfoSend reserves the right to increase InfoSend Fees on a yearly basis (starting with the first anniversary of the Agreement) not to exceed the Consumer Price Index (CPI) for the State of California, plus 1.5%. This information can currently be found at: htt : /hv,,vw.dof ca.gov /HTMUFS DATA /LatestEconData/FS Price.htm The Client will be notified. in writing. at least 30 days prior to such price increase. An amendment to this Agreement will not be required if the Fees are changed, unless the terms or conditions of the Agreement have changed. Postage fees can change at any time per USPS regulations and do not require an Agreement amendment. 2015 -04 -14 Agenda Packet Page 371 C. USPS Postage Rates Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail. D. Postage Deposit InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client's payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid. The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all. The postage deposit amount is calculated by multiplying the estimated number mail pieces per month by the current 5 -Digit pre -sorted first class postage rate. The postage deposit amount due for your account is: 15,500 mail pieces per bi -month (7,750 per month) x S0.3$1 = S2,952.75 2015 -04 -14 Agenda Packet Page 372 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO PROVIDE SEWER AND PARKING CITATION BILLING SERVICES BETWEEN THE CITY AND INFOSEND, INC. AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE -YEAR OPTIONS TO EXTEND THE AGREEMENT WHEREAS, on September 5, 2014, the City of Chula Vista issued a Request for Proposals (RFP) for sewer and parking citation billing services; and WHEREAS, the RFP was posted on the City's Planet Bids website and distributed directly to the current service provider; and WHEREAS, the City received three responsive bids; and WHEREAS, City staff conducted a review to determine the best qualified firm to provide sewer and parking citation billing services; and WHEREAS, InfoSend, Inc. has demonstrated the ability and the expertise to provide cost effective sewer and parking citation billing services in accordance with the scope of work requirements of the RFP; and WHEREAS, in consideration of the quality of services provided by InfoSend, Inc. to the City in the past and the fee structure proposed, contract award to InfoSend, Inc. is recommended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement to provide sewer and parking citation billing services, between the City and InfoSend, Inc., 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 authorizes the City Manager to exercise two one -year options to extend the agreement. Presented by Maria Kachadoorian Deputy City Manager /CFO Approved as to form by Glen R. Googins City Attorney C:\ Users\ GRANIC— l\AppData\Local \Temp\BCL Technologies \easyPDF 7 \@BCL @00063507 \@BCL @00063507.docx 2016 -04 -14 Agenda Packet Page 373 CITY OF CHULA VISTA File #: 14 -0604, Item #: 19. City of Chula Vista Staff Report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ouncil conduct the public hearing, place the ordinances on first reading, and adopt the resolution; 2) provide direction to staff as to whether or not to pursue additional zoning changes as recommended by the Planning Commission. SUMMARY The Urban Core Specific Plan (UCSP) was adopted by City Council in April 2007. As an implementing plan for the 2005 General Plan, the UCSP contains land use regulations and design City of Chula Vista Page 1 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet powered by Leg age 374 File #: 14 -0604, Item #: 19. guidelines for both private and public development to facilitate the visions provided by the General Plan. In 2011, the City Council approved amendments to the UCSP including: • Re- designation of portions of Third Avenue in the Village to a two -lane Downtown Promenade; and • Revisions to the residential parking standard in the Corridor subdistricts to be consistent with the citywide multi - family residential standard; and • Addition of the "Third Avenue Outdoor Dining Guidelines" as Appendix E. The UCSP requires periodic review of the Plan to ensure proper functioning and implementation over time. In 2013, the City Council requested staff to conduct the 5 -year review of the UCSP. This is consistent with the administration of the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended to be a document which responds to changing development trends in the urban core area. Over the last few years, several projects have benefited from the UCSP's form -based code development standards and design guidelines. Projects such as Urbana, The Colony and Lofts on Landis have been approved, with the Lofts on Landis project currently undergoing construction. During the review and approval process of these projects staff identified several development issues that needed to be addressed to better facilitate urban development. With the exception of these recent projects, staff found limited development activity had actually occurred likely due in large part to the economy. ENVIRONMENTAL REVIEW The Development Services Department Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and /or have already been considered and would not result in new, significant, adverse environmental impacts not previously considered in Final Environmental Impact Report (FEIR) 06 -01 prepared for the UCSP and certified on April 26, 2007. BOARD /COMMISSION RECOMMENDATION On August 27, 2014 the Planning Commission held a public hearing to consider the proposed amendments. Staff received a letter from Crossroads II dated August 26, 2014 requesting the letter be included as public testimony at the August 27th Planning Commission hearing (see Attachment 9). In summary, the letter stated that the one space /unit minimum parking requirement for the UC- 10, UC -12, and UC -15 subdistricts is inadequate, and urged increase in the requirement for these areas; and that the zero -foot rear yard setback at Roosevelt Street in the UC -3 subdistrict would create a "shadow" effect on residential units along Vance Street, and requested consideration of adding a building stepback requirement for rear property lines. The Planning Commission received and considered the requests, but did not recommend them. Staff is not proposing any amendments at this time, as further presented in the Discussion section. The Commissioners conveyed their support for the rezones and amendments, and voted 5 -0 -1 -1 recommending that the City Council approve the draft Resolution and Ordinance presented amending the UCSP and rezoning certain properties based on the findings. City of Chula Vista Page 2 of 12 Printed on 4/9/2015 istar 2015 -04 -14 Agenda Packet powered by Leg age 375 File #: 14 -0604, Item #: 19. The Commission also passed a separate motion (5- 0 -1 -1) recommending that Council consider directing staff to explore the following two additional changes: rezoning the R -3 area north of the H Street trolley station to the UC -12 designation to provide an area of more sufficient size to achieve future TFA development; and, rezoning the nearby MHP area to UC -14 given their observation that the MHP area is surrounded by the UC -14 zone and creates a void in the density concept. Should Council desire to direct staff to pursue these additional amendments, the effort would require a thorough analysis of the conditions and variables originally studied for the 2007 and 2011 versions of the UCSP and potentially new conditions and variables, as well as additional environmental review. DISCUSSION The hearing is intended to provide the City Council with recommendations regarding changes to the UCSP including rezoning certain R -3 and commercially zoned trailer park sites, removing certain development standards to facilitate development, allow additional commercial /office businesses in the East Village (V -1) subdistrict, ensure the UCSP is consistent with policies established by the General Plan for "Complete Streets" and the Bikeway Master Plan, and make minor text edits to update information. Staff did the reassessment over the last year and recommends the following items be approved: • Rezone Apartment Residential (R -3) zoned parcels and certain commercial zoned parcels developed with trailer parks to provide consistency with the City's General Plan and existing adjacent land use subdistricts in the UCSP, making all parcels in the UCSP area uniformly and properly zoned. This action was deferred by Council with the original adoption of the Plan in 2007. The rezone would not result in the requirement to change the current use of property (Attachment 4). • Remove the minimum floor area ratio to allow less intense property development in areas other than Transit Focus Areas (TFAs) (Attachment 5). • Remove lot coverage as a mandatory development standard to allow more flexibility in form - based development. • Allow some commercial /office uses by right in the East Village (V -1) subdistrict in addition to residential uses (Attachment 6). • Modify the Land Use Matrix for the Village District to reflect changes in uses and permit processing. • Add text to ensure the UCSP is consistent with the City's Bikeway Master Plan and adequately addresses Complete Streets policies. • Make minor text edits to clarify and update information relative to the processes that have been implemented in the last five plus years (full text amendments provided on compact disc). • Provide a map which clearly identifies the zoning for the Northwest Urban Core area which includes the urban core subdistricts as well as adjacent Single - Family (R -1); Two - Family (R -2) and Mobile Home Park (MHP) zones (Attachment 1). Crossroads II: City of Chula Vista Page 3 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 376 File #: 14 -0604, Item #: 19. As mentioned under the Board /Commission Recommendation section, staff received a letter from Crossroads II dated August 26, 2014 requesting their letter be included as public testimony at the August 27th Planning Commission (Attachment 10), which it was. The Crossroads II letter explained two issues of concern: minimum parking requirements; and no required rear yard setbacks in a select area. Crossroads II stated that the one space /unit minimum parking requirement for the UC -10, UC -12, and UC -15 subdistricts is inadequate, and urged staff to increase the requirement for these areas. These subdistricts are classified as Transit Focus Areas (TFAs) with higher density as they are located adjacent to the existing trolley stations at E Street and H Street. Consistent with contemporary urban parking standards, the UC -10 residential parking requirement is 1.5 spaces /du, and the UC -12, and UC -15 subdistricts require 1 space /du. These minimum parking requirements are intended to discourage typical automobile use, and encourage usage of the available multi -modal options. Chula Vista's urban core was established to encourage new urban development using urban land use principles. The General Plan (LUT 30.1) also states 'A neighborhood or district's parking supply should be appropriate for the area's land uses and level of transportation service. Parking facilities should fit well within the area and not negatively affect its pedestrian- oriented environment...'; and the General Plan's Urban Core Circulation element states "...that the automobile is just one of several modes of transportation that can move people in urbanized environments, and more intensive developments in built -up areas that should not be constrained by policies that focus exclusively on moving vehicular traffic." Crossroads II also stated a concern about the potential "shadow" effect on residential units along Vance Street since properties have a zero -foot rear yard setback on Roosevelt Street in the UC -3 subdistrict. Crossroads recommends that staff consider a building stepback requirement along rear property lines. New development that includes tall buildings is subject to the UCSP Section D - Special Provisions for Neighborhood Transition Combining Districts and Transit Focus Areas in Chapter VI Land Use and Development Regulations. Application of these development regulations and design standards would consider a tall building's potential effect on existing one or two -story buildings. Accordingly, reasonable measures would be taken to ensure the potential effect of tall buildings is addressed. Given the above reasons, staff is not proposing these two items as amendments at this time. Planning Commission Additional Zoning Input: The Commission passed a separate motion for City Council to consider directing staff to explore rezoning the R -3 area north of the H Street trolley (Holiday Gardens) to the UC -12 designation in order to create an area of sufficient size to achieve meaningful future TFA development. In 2007, the area was originally proposed for the UC -12 designation however, City Council removed that R -3 zoned area from consideration because some residents of the existing condominium complex raised concerns at that time. The 164 residential units are individually owned condominiums and therefore the likelihood of the complex being comprehensively redeveloped seemed speculative. The motion also included the Commission's observation that the MHP area surrounded by UC -14 creates a void in the density concept, and recommends Council similarly consider directing staff to explore rezoning this MHP area to UC -14. Staff did not include the MHP zoned areas in the original UCSP zoning recommendations as the MHP is a mobile home - exclusive zone viewed as a source of affordable housing. City of Chula Vista Page 4 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 377 File #: 14 -0604, Item #: 19. Public Outreach: On February 5, 2014 staff met with the Third Avenue Village Association (TAVA) Executive Board and Design Committee. Subsequently, TAVA provided staff with recommended modifications that include adding /removing uses and use limitations, and modifying permit requirements from the Village District. On February 26, 2014 staff presented the proposed amendments to the Chamber of Commerce Executive Board; no issues were raised and the Board unanimously supports the amendments. On May 7, 2014, staff presented the recommended updates to the Development Services Oversight Committee comprised of developers, business owners, community organizations, engineers, architects, and contractors. The Oversight Committee recommended approval of the proposed amendments. On May 8, 2014, staff held a public information meeting to inform attendees about the proposed amendments. During the meeting, a few property owners raised concern about the affect the rezoning would have on their property, and the transition of new development to existing development. On July 17, 2014, staff explained the proposed amendments and rezone at the Mobile Home Park Rent Review Commission meeting. Commission members support the rezone and no residents raised objections or concerns. Staff also reached out to Crossroads II to offer a briefing on the proposed changes, but they declined. ANALYSIS Rezone: The adopted UCSP includes three land use districts: the Village, Urban Core, and Corridor which are further broken down into 26 subdistricts. The Village subdistricts allow multi - family residential, mixed - uses, institutional, office, and commercial uses; the Urban Core subdistricts allow a variety of uses including multi - family residential, mixed -uses, office and commercial uses; and the Corridor subdistricts allow a variety of mixed -uses, residential, commercial, retail, and auto - related uses. Several commercially zoned areas with trailer parks and numerous parcels zoned R -3 were deferred for rezoning by the City Council with the adoption of the UCSP in 2007. These areas are now proposed to be rezoned to the appropriate UCSP subdistrict, making the zones consistent with residential and /or mixed use land use districts described above. The rezoned parcels will have expanded development opportunities if the property owner chooses to redevelop them with other allowed uses, or the existing uses may remain. The trailer parks currently operating within the Urban Core area include Broadway, Caravan, Flamingo, Fogerty Brothers, Mohawk, Rose Arbor, and Trailer Villa. These trailer parks were established many years ago under commercial or higher residential density zones prior to the adoption of the UCSP and are considered previously conforming uses. Although these trailer parks will be rezoned, they may continue operating, and the proposed rezone action would not require any change to the current use of the trailer parks. In addition, the existing R -1 and R -2 zones within the UCSP will not be rezoned, and mobile home parks, currently zoned Mobile Home Park (MHP), are not proposed to be rezoned and would retain their single family and /or MHP zoning designation. Cummings Analysis: The proposed rezones were evaluated for compliance with the "Controlled Residential Development" provisions in Chula Vista Municipal Code (CVMC) Chapter 19.80 (aka the "Cummings Initiative "), and have been determined to be in compliance. The Cummings Initiative (Ordinance 2309) provides a means of controlling residential growth relative to infrastructure needs. Rezoning properties designated for residential development is permitted to occur to the next highest residential density City of Chula Vista Page 5 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 378 File #: 14 -0604, Item #: 19. category in any two -year period according to the following schedule: A Agricultural R -E Residential Estate Zone R -1 Single Family Residential Zone R -2 One- and Two- Family Residential Zone R -3 Apartment Residential Zone When the UCSP was approved in April 2007, the City Council deferred the rezoning of select properties that were residentially zoned or had mobile home or trailer parks located on the property. Since the deferral, staff has conducted an analysis of the residentially zoned properties and their potential rezoning for compliance with the Cummings Initiative. The Cummings Initiative did not identify a higher residential zone than R -3, nor did it address the fact that within R -3, there are various levels of density allowed. For example, R -3H allows densities of approximately 55 units per acre, which is roughly equivalent to an Urban Core zone (allows up to 60 units per gross acre). Also, the Cummings Initiative did not account for mixed -use zoning. Mixed -use zones currently exist in the City's Urban Core that allow residential densities of 28 -60 units per gross acre. Since the Cummings Initiative was established in 1988, several changes have taken place that ensures the City's growth does not impact environmental quality or the quality of life in general. The changes include: • Development Impact Fees have been instituted (and are updated regularly); ensuring new development pays its fair share of infrastructure costs in a timely manner. Impact fees are based on anticipated infrastructure needs such as roads, police, libraries, sewers and parks. • In 2005, the City of Chula Vista's General Plan was updated, redefining the City's vision for the Urban Core Subarea portion of the General Plan. • In 2007, the Urban Core Specific Plan was adopted, and its EIR made provisions for mitigation and infrastructure programs. • Pursuant to Cummings Initiative CVMC section 19.80.030 the City enacted a specific element to the City's General Plan identified as Chapter 8, Public Facilities and Services Element which ensures that development shall not occur in the City that would degrade existing public services and facilities below acceptable standards until all additional necessary public services and facilities required for that development are assured or scheduled for timely completion. In addition to the General Plan Public Facilities and Services Element, the City also enacted General Plan Chapter 10, Growth Management and CVMC Chapter 19.09, Growth Management all of which provide that public facilities and services are adequate to meet the present and future needs of the City. The tools are in place to plan for and control the rate of residential growth; however, since the Controlled Residential Development Ordinance is still in place, an analysis is done for zoning modifications to ensure compliance with the CVMC. Areas Subject to Rezone: The General Plan Update in 2005 foresaw the need for new more dense land use designations for the Urban Core to allow a mix of residential, office and retail uses in areas that are pedestrian- City of Chula Vista 2015 -04 -14 Agenda Packet Page 6 of 12 Printed on 4/9/2015 powered by Legistar Page 379 File #: 14 -0604, Item #: 19. friendly and have a strong linkage to provision of transit within the context of a changing urban environment surrounded by single - family and two - family zones. The proposed rezone includes certain commercial zones with trailer parks and R -3 zones within the various subdistricts. The areas proposed to be rezoned are urban in character, with surrounding uses including commercial, retail, office, high density multi - family residential and institutional uses such as churches and schools. The subject properties are all within the UCSP boundary. In order to ensure compliance with CVMC Chapter 19.80, staff has analyzed the impact of the rezone shown on the following table: Comparison of Village and Urban Core Subdistricts to the R -3 Zone: Zone or Land Use Maximum Minimum Open Minimum Front Rear Subdistrict Building Space Parking Yard Yard Height Requirement Requirement Setback Setback Per Unit R -3 Residential 45' 400 s.f. 2:1 (no guest) 15' 10' V -1 Mixed -Use, 45' 200 s.f. 1.5:1 + guest 0 0 Residential, Office (proposed) V -3 Mixed -Use, 84' 200 s.f. 1.5:1 + guest 0 0 Residential, Office, Retail V -4 Mixed -Use, 60' 100 s.f. 1.5:1 + guest 15' 0 Residential, Office, Retail, Public /Quasi- Public UC -1 Mixed -Use, 84' 100 s.f. 1:1 (Res) + 0 0 Residential, guest 2/1000 Office, Retail s.f. (Non -res) UC -2 Mixed -Use, 84' 100 s.f. 1:1 (Res) + 8' 0 Residential, guest 2/1000 Office, Retail s.f. (Non -res) UC -3 Residential 60' 200 s.f. 1.5:1 + guest 15' 0 UC -5 Office, Retail 60' NA 2/1000 s.f. 8' 0 (Non -res) UC -10 Mixed -Use, 72' NA 1:1 (Res) 16' 0 Residential, 2/1000 (Non - Office, Retail res) UC -12 Mixed -Use, 210' 100 s.f. 1:1 (Res) 16' 0 Residential, 1/1000 s.f. Office, Retail, (Non -res) Hospitality UC -14 lResidential 84' 1200 s.f. 11.51 + guest 15' 10 City of Chula Vista 2015 -04 -14 Agenda Packet Page 7 of 12 Printed on 4/9/2015 powered by Legistar Page 380 File #: 14 -0604, Item #: 19. UC -15 Mixed -Use, 210' 100 s.f. 1:1 (Res) 11' 0 Residential, 1/1000 s.f. Office, Retail, (Non -res) Hospitality UC -16 Retail, 60' NA 2/1000 s.f. 20' 0 Hospitality (Non -res) As shown above, there are differences in development standards for the zoning classifications. The regulations for the Village and Urban Core are urban in nature and appropriate for the location - in proximity to the downtown village and close to transit hubs. The Village and Urban Core subdistricts allow taller buildings, more compact open space and less parking to encourage alternatives forms of mobility such as walking and bicycling. The rezone of the R -3 and commercial zones to these subdistricts is compatible with the existing zoning on the adjacent properties. General Plan Consistency: The proposed rezoning is in compliance with the General Plan's Urban Core Residential, Mixed -Use Residential, Mixed -Use Transit Focus Area and Mixed -Use Commercial designations. Conformance with Chapter 19.80 of the Chula Vista Municipal Code: The proposed rezone would result in the area converting to a residential intensity that is the next level of density. The proposed action is in compliance with this provision, as follows: 19.80.070 Chula Vista Zoning Code Modification: A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two - Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the properties to the next highest residential density level, as detailed below: 1. Some of the subject properties are currently zoned R -3 as shown on Attachment 5. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per acre. 2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) within the Urban Core subdistricts, for transit - focused mixed uses and mixed -use development. According to GPU policies (LUT 53.2; 53.3; 55.6; 55.7; 57.3; 57.4), the residential component of the Mixed Use Transit Focus Area designations are intended to have a TFA wide gross density of 60 dwelling units (du) per acre (72 du /net acre) in addition to a commercial FAR of 1.5 - 2.0. This density would be the next highest residential density category as identified and approved in General Plan Land Use. Designation and Zoning Table 5 -4 and is consistent with adjacent properties that have already been rezoned. City of Chula Vista Page 8 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 381 File #: 14 -0604, Item #: 19. 3. The General Plan Density for Urban Core Residential is 28 -60 units per gross acre (or 72 du /net acre). The proposed change in zoning from R -3 to various Urban Core Residential subdistricts is consistent with the above provision of the Cummings Initiative, since the change would be to the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4. 4. High (and very high) density multi - family residential already exists within the Urban Core including Congregational Towers (an affordable senior facility) located at 288 F Street, is zoned R -3H with a density of 248 units per acre, and Parkwoods (market -rate condominiums) located at 376 Center Street, is zoned R -3HP with a density of 31 units per acre. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the pre- zoning approved for the subject property cannot be amended or changed in any way for a two -year period. The provision shall apply only to pre - zones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. Several parcels currently zoned Commercial Thoroughfare (CT) and developed with trailer parks are proposed to be rezoned to UC -13 (mixed -use residential, residential, office, retail, hospitality) and UC -14 (residential) districts. This would be a rezone from commercial to mixed uses, including residential and is consistent with CVMC 19.80.070(D). The rezone to mixed use would result in less traffic compared to commercial development. For the proposed rezone, the comparison would be between the potential traffic generation associated with future development under the existing CT zone and the corresponding maximum residential density that could be permitted under the rezone. Based on standard traffic generation rates (SANDAL 2002), commercial and office uses generate greater traffic than residential uses. For example, a one acre parcel zoned CT would have the potential to develop up to 65,340 square foot commercial building. This is based on the CT development standards, which allow 50% of lot coverage, and up to three stories. Based on the trip generation rates for commercial uses (e. g. 40 trips /1000 square feet), a total of 2,614 trips would be generated. Based on CVMC 19.80.070(D) criteria, the maximum residential density could not be more than the potential traffic generated by the commercial use. By comparison, SANDAG's standard traffic generation rates for multi - family development (six trips /du), this degree of trip generation would equate to about 435 dwelling units on the one acre parcel. City of Chula Vista Page 9 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 382 File #: 14 -0604, Item #: 19. The UC -13 district has a maximum floor are ratio (FAR) of 2.0 which could allow up to 48 du /acre and the UC -14 district has a maximum FAR of 3.0 which could allow up to 72 du /net acre resulting is significantly less traffic than a commercial use. Because commercial and office uses generate greater traffic volume, the rezone from commercial to a mixed use or multi - family residential category could never result in residential traffic volumes greater than the corresponding potential traffic generation from a commercial development. Therefore, the rezone from commercial to residential and /or mixed use that allows residential development would not conflict with CVMC 19.80.070(D). Floor Area Ratio: Floor Area Ratio (FAR) is a development standard that regulates the size and bulk of development on a property. It is the ratio of building size to parcel size. For example, a FAR of 1.0 on a 10,000 square foot (sf) parcel would allow a 10,000 sf building. In the past, the city's zoning regulations have typically contained maximum FAR. To encourage more urban development, the UCSP also included a minimum FAR to discourage underdeveloped lots. However, implementing the UCSP's minimum FAR has been a challenge for property owners who want to develop, or sell their property because the minimum FAR requires a building to be a certain size, at a minimum, which may not be feasible or practical in the current market as this area transitions to more urban development. Therefore, the proposal is to remove the "Minimum" floor area ratio development requirement for all subdistricts where it applies except for the TFAs. It is anticipated that this will encourage less intense property development in some subdistricts while requiring more intense development in the transit focus areas such as Third /H Street, and the E and H Street Transit sites. The maximum FAR would remain for all subdistricts (Attachment 5). Lot Coverage: Lot coverage was another issue that was evaluated to determine if it was a necessary development standard. Lot coverage is the area of the lot covered by the building footprint represented as a percentage. As a form -based code, the UCSP emphasizes the physical form of development focusing on building placement; rather than how much building can occupy space on a lot. Site development relies on other development standards, such as FAR, street wall frontage, setbacks, building height, open space, and parking requirements to shape new development and guide its placement on a lot. Staff researched several jurisdictions with form -based land use codes including Escondido and National City, and found that lot coverage is not a development standard used in these codes. In Chula Vista, this standard has been applied primarily to residential and industrial zones. Other citywide commercial zones such as the Central Commercial (CC) and Commercial Office (CO) zones do not use lot coverage as a development standard, but rely on setbacks and parking requirements to facilitate design. The recently adopted Palomar Gateway Specific Plan and Eastern Urban Center Sectional Planning Area (SPA) Plan are form -based codes and do not include lot coverage as a mandatory development standard. Several of the mixed use projects that were processed over the last five years had to request and were granted development exceptions from this standard in order to create successful designs. The proposal is to remove lot coverage as a required development standard. Removing this requirement would facilitate infill development, including mixed uses, emphasize pedestrian scale, provide for urban amenities, encourage creative and flexible site design, and help revitalize the area. City of Chula Vista Page 10 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 383 File #: 14 -0604, Item #: 19. New Uses in the East Village W -1) Subdistrict: Another area that was evaluated for revision was the V -1 (East Village) subdistrict located to the east of the Third Avenue Village. The UCSP envisioned this area as primarily a residential subdistrict to create feet on the street to support commercial uses along Third Avenue. Towards the end of the UCSP adoption process, requests were made to allow some neighborhood serving commercial or office uses without impacting the Third Avenue Village commercial corridor. Staff surveyed the uses along Church Avenue and Del Mar Avenue between E Street and G Street and found the V -1 subdistrict currently has about a 50/50 mix of residential and commercial /office uses (Attachment 6). The V -1 subdistrict currently prohibits any new nonresidential uses therefore; the proposal is to allow some new commercial /office uses by right in the (V -1) subdistrict in addition to residential uses similar to that which currently exists. The change in the land use matrix would not affect existing uses but would apply as new uses are proposed. TAVA met with staff on this proposed changes and supports this proposal. Additionally, staff also requested TAVA to review the uses allowed in the Village District and provide any recommendations which they did. Staff reviewed TAVA's recommendations and supports the majority of them, however, some changes to their recommendations are proposed based on state law and provisions of the CVMC regarding Unclassified Uses. Amend the UCSP Land Use Matrix: Staff reviewed the UCSP Land Use Matrix and identified some existing uses, mainly in the Village District, that can be permitted without a conditional use permit process, and a few that require this process. The recommended changes are included in (Attachment 7). Miscellaneous Updates: Staff is proposing other minor clarifications including providing consistency with the Bikeway Master Plan, "Complete Streets" policies, reorganizations of departments and decision - making bodies, and new permit approval processes that have been implemented since the adoption of the UCSP in 2007. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a property- related conflict of interest exists, in that Councilmember Salas has real property holdings within 500 feet of the boundaries of some of the properties which are the subject of this action. In addition, staff has conducted a decision maker conflict of interest review concerning Councilmember Miesen and has determined that a potential conflict of interest may exist because it may be reasonably foreseeable that a financial effect on a business entity in which Councilmember Miesen has a financial interest may be material. 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 (Attachment 10). 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 amendments and rezones of the UCSP supports the Economic Vitality goal 2.1.2 as it seeks to lower barriers to new development in western Chula Vista. City of Chula Vista Page 11 of 12 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 384 File #: 14 -0604, Item #: 19. CURRENT YEAR FISCAL IMPACT There are no anticipated current year fiscal impacts to the City associated with the adoption of the amendments and rezone actions. ONGOING FISCAL IMPACT As a planning document, the adoption of the UCSP will have no direct fiscal impact to the City. However, as projects, both private and public, are implemented both a revenue stream and cost factors will be realized. As implementation of the UCSP occurs, additional information regarding specific fiscal impacts of future individual projects will be evaluated. ATTACHMENTS 1. Proposed UCSP Map 2. Draft City Council Resolution 3. Draft Ordinances A, B, C 4. Proposed Rezones to the UCSP Map 5. Proposed TFA FAR Minimum 6. Existing V -1 Non - residential /Residential Parcels 7. Staff - TAVA UCSP Land Use Matrix Recommendations 8. August 27, 2014 Planning Commission Minutes 9. Crossroads II Letter 10. Decision Maker Conflict Map Staff Contact: Michael W. Walker, Project Manager /Senior Planner, Development Services Department City of Chula Vista 2015 -04 -14 Agenda Packet Page 12 of 12 Printed on 4/9/2015 powered by Legistar Page 385 1-- Pa ... ,. I----------------------------- Noll INN I INN go mill 1111111 IN -•- • _ Corridor District Chula Vista Urban i Existing . - Urban . • CC, CT - - 1-- Pa Attachment 2 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE REZONING OF PROPERTIES CURRENTLY BEING OPERATED AS TRAILER PARKS HAVE COMPLIED WITH REQUIRED PROVISIONS OF LAND USE AND TRANSPORTATION (LUT) SECTION 7.17 OF THE CHULA VISTA GENERAL PLAN WHEREAS, General Plan Section 7.17 - Evaluation of Mobilehome Developments — Mobilehome Overlay District, within the Land Use and Transportation Element was established on October 24, 2006 to ensure due evaluation of the effects of closure on existing mobilehome residents, and that the property owner and /or project proponent has prepared and carried out a plan to address those affects; and WHEREAS, the General Plan requires that prior to rezoning any property within the Mobilehome Overlay District, specific findings must be made to insure that analysis and planning on the effects of closure of existing mobilehome residents has been conducted; and WHEREAS, the City Council intends to take action to rezone those properties currently operated as trailer parks within the City of Chula Vista, as identified in Exhibit 1, namely Broadway, Caravan, Flamingo, Fogerty Brothers, Mohawk, Rose Arbor, and Trailer Villa; and WHEREAS, the Development Services Director has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that since the proposed rezone was adequately covered in previously adopted Urban Core Specific Plan (UCSP) Final Environmental Impact Report, FEIR 06 -01, no further environmental review or documentation is required; and WHEREAS, the Development Services Director set the time and place for a hearing by the Planning Commission for the proposed amendments and rezone actions for August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, a hearing time and place was set for the Planning Commission for consideration of the amendments and rezone, and a notice of said hearing, together with its purpose, was given a 1/8 display advertisement by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the Planning Commission considered the report and testimony presented at the public hearing, recommended approval, with a 5 -0 -1 -1 vote, of the Resolution and or the amendment and rezoning ordinance at a public hearing held at a time and place advertised, namely 6:00 pm on August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the City Clerk set the time and place for a hearing on said zoning changes (PCM- 14 -04) and notice of said hearing together with its purpose was given by its publication of 2015 -04 -14 Agenda Packet Page 387 Attachment 2 a 1/8 display advertisement in a newspaper of general circulation in the City and the notice was mailed to affected property owners 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. on April 14, 2015 in the Council Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby finds and determines as follows: That the proposed change in use and /or rezoning will not adversely affect attainment of the city's goal to provide a variety of housing options within the City. The City's General Plan land use designation for the sites subject to this action include: mixed use residential, mixed use commercial, commercial visitor, urban core — residential, and transit focus area. The rezoning would result in the existing zoning to be brought into conformance with the General Plan. The proposed rezone will not adversely affect the City's housing goals since the rezoning of the properties will allow on most parcels for multi - family development and help achieve the City's goal of achieving a variety of housing types. This will help achieve the goal of General Plan Policy LUT 1.9, which is to provide opportunities for development of housing that respond to diverse community needs in terms of density, size, location and cost. Multifamily allows for either rental or condominium units to be developed on the site. This would help achieve the City's General Plan policy of achieving a variety of housing options. Policy LUT 1.19 requires that land use intensities be evaluated in conjunction with any zone change and /or General Plan Amendment to permit density or modify intensity. Factors to be considered include, but are not limited to, the maximum intensity allowed for the applicable land use designation in the General Plan, traffic circulation patterns, environmental constraints, and compatibility with surrounding land uses. The proposed change of use and /or rezoning is supported by sound planning principles, and higher density, affordable replacement housing within the city will remain in sufficient supply. The General Plan designation for most of the sites calls for multi - family development at a gross density range up to 28 -60 dwelling units per gross acre, a higher density than is typical for a trailer park type development. Thus, the proposed zoning is consistent with the City's desire for higher density development in the area. Since the proposed zoning will allow for multi - family housing consistent with the urban core; mixed uses residential; and transit focus area higher residential density designations of the General Plan, it will provide for more affordable housing units than other types of 2015 -04 -14 Agenda Packet Page 388 Attachment 2 residential development. Future development of the sites will provide housing opportunities to many in the form of affordable rental or ownership units. That the proposed change of use /and rezoning will not result in severe or undue hardship on any affected mobilehome resident. State laws govern the closure procedure for mobilehome and trailer parks upon conversion, closure, or cessation of use and allows local implementing agencies to either implement this law on a case by case basis or codify supplemental requirements. In 1989, the City of Chula Vista adopted Chula Vista Municipal Code (CVMC) Chapter 9.40 to implement state law and provide supplemental requirements, specifically outlining the items required in a Relocation Plan and defining "reasonable costs of relocation" through the identification of financial benefits upon displacement. Although the zoning regulations that are being proposed to implement the General Plan will change the current zones, this will not require trailer parks to close. These trailer parks have operated for several decades under a commercial or higher residential zone designation. Those designations give owners the opportunity to redevelop their sites for another use at any time, which will not change under the proposed rezonings. Any changes to the use of the land such as new development must be requested by park owners, and go through an extensive public review and public hearing process, per the requirements of Chapter 9.40 to ensure there is not severe or undue hardship on affected residents at the time of an actual closing. That the property owner and /or project proponent plan complies with applicable City and state mobile home park conversion and relocation regulations, and prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure conformance of a detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable state regulations, and to the satisfaction of Development Services Director. In accordance with the above, any proposed closure of a trailer park would need to comply with both local and state laws pertaining to park closures. The process under Chapter 9.40 would adequately address the property owner or project proponent's compliance with applicable laws. That prior to the commencement of any closure of the mobilehome development, that the property owner(s) will prepare and ensure conformance of a detailed closure and relocation plan consistent with the requirements of CVMC Section 9.40 and applicable state regulations, and to the satisfaction of Development Services Director. The specific requirement to prepare and ensure conformance of a detailed closure and relocation plan "prior to the commencement of any closure" is a requirement under Chapter 9.40. 2015 -04 -14 Agenda Packet Page 389 Attachment 2 BE IT FURTHER RESOLVED THAT THE City Council hereby finds that the rezoning of the subject properties complies with the provisions of LUT Section 7.17 of the Chula Vista General Plan. Presented by: Kelly G. Broughton, FASLA Development Services Director Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 390 Caravan Trailer Park Prom `CT Commercial to UC '13 (Mixed Use Residential) & UC44 (Residential) Trailer Villa Park From CT Commercial to UC -13 ; (Mixed Use Residential) & UC -14 (Residential) 5 Flamingo Trailer Park From CT Commercial to UC -1 3 fl (Mixed Use Residential) & Will UC -14 (Residential) 1ar�` Fogerty Bros Trailer Park From CCP Commercial to UC -16 (Mixed Use Commercial) Mohawk Trailer Park l ■ From CT Commercial & R3 Residential to UC -13 (Mixed Use Residential) & U.0 -14 (Residential) Terry's Broadway Trailer Park From CT Commercial & R3 Residential to UC -13 (Mixed Use Residential) & WIN". UC -14 (Residential) Rose Arbor Trailer Park From CT Commercial & R3 Residential to UC -13. (Mixed,Use Residential) &' ,�`UC -14 (Residential) Attachment 3 ORDINANCE NO. A. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN TO: 1) REZONE CERTAIN APARTMENT RESIDENTIAL (R -3) ZONED PARCELS AND CERTAIN COMMERCIAL ZONED PARCELS FOR CONSISTENCY WITHIN THEIR UCSP SUBDISTRICT AREA EXCLUDING THE FOLLOWING SUBDISTRICT& V -1; V -2; V -3; UC -12; AND UC -14; 2) REMOVE THE MINIMUM FLOOR AREA RATIO IN CERTAIN SUBDISTRICTS; 3) REMOVE LOT COVERAGE AS A MANDATORY DEVELOPMENT STANDARD; AND 4) MAKE MINOR MODIFICATIONS TO ENSURE CONSISTENCY WITH CITY POLICIES, PROCEDURES, AND PROCESSES WHEREAS, the Urban Core Specific Plan (UCSP), which is the subject of this Ordinance, and for the purpose of description is generally located east of I -5, west of Second Avenue, north of L Street, and south of C Street as shown on Exhibit "1 "; and WHEREAS, the General Plan Update was approved by City Council on December 13, 2005; and WHEREAS, the 2005 General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the 2005 General Plan Vision for traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character, architectural style, pedestrian- friendly environment and enhanced access to facilities and services; and WHEREAS, the General Plan's Land Use and Transportation Element calls for the Urban Core, and other zoning regulations to implement the new land uses and vision of the Urban Core Sub Area identified in the 2005 General Plan; and WHEREAS, the UCSP was adopted by the City Council on April 26, 2007 (Ordinance No. 3070); and WHEREAS, the UCSP was amended by the City Council on February 23, 2011 (Ordinance No. 3184) that included minor amendments reclassifying Third Avenue as a two -lane downtown promenade, modifying residential parking standards for the Corridor District, and added outdoor dining design guidelines; and WHEREAS, in June 2013, the City Council requested staff to conduct the 5 -year review of the UCSP and make recommendations if any, which is consistent with the administration of 2015 -04 -14 Agenda Packet Page 392 Ordinance Page 2 the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended to be a document which responds to changing development trends in the urban core area; and WHEREAS, staff identified modifications to the UCSP including rezoning parcels that were deferred in 2007 and amendments to development standards and uses to facilitate new development. Apartment Residential (R -3) zoned parcels and certain commercial zoned parcels developed with trailer parks would be rezoned for consistency with other land use districts in the UCSP area, making all parcels in the UCSP area uniformly and properly zoned (Exhibit "1 "); and WHEREAS, on February 5, 2014, the amendments were presented to the Third Avenue Village Association (TAVA) Executive Board and Design Committee, which unanimously recommended the amendments and changes to the Village District Land Use Matrix including adding and removing certain uses and applicable limitations, and the permit requirements for certain uses be approved by the City Council; and WHEREAS, on February 26, 2014, the amendments were presented to the Chamber of Commerce Executive Board, which unanimously recommended the amendments be approved by the City Council; and WHEREAS, on May 7, 2014 the amendments were presented to the Development Services Oversight Committee which recommended approval of the proposed amendments; and WHEREAS, on May 8, 2014 staff held a public information meeting to inform the public about the proposed amendments; and WHEREAS, on July 17, 2014 staff held an information meeting for the Mobile Home Rent Review Commission to inform the Commission about the proposed amendments; and WHEREAS, the Development Services Department Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in the Final Environmental Impact Report (FEIR- 06 -01) prepared for the UCSP; and WHEREAS, FEIR -06 -01 was certified for the UCSP on April 26, 2007; and WHEREAS, the Development Services Director set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) for the Planning Commission for consideration of the amendments and rezone, and a notice of said hearing, together with its purpose, was given a 1/8 display advertisement by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on said UCSP rezone and amendments of certain parcels at a time and place as advertised, namely August 27, 2015 -04 -14 Agenda Packet Page 393 Ordinance Page 3 2014 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue and said hearing was therefore closed; and WHEREAS, the Planning Commission recommended approval with a 5 -0 -1 -1 vote for the UCSP rezoning and amendments at a public hearing held at a time and place advertised, namely 6:00 pm on August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the proceedings and all the evidence presented before the Planning Commission at their public hearing held on August 27, 2014 and the Minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding; and WHEREAS, the City Clerk set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) and notice of said hearing together with its purpose was given by its publication of a 1/8 display advertisement in a newspaper of general circulation in the City and the notice was mailed to affected property owners at least ten days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held before the City Council at the time and place as advertised, namely 6:00 p.m. on April 14, 2015, in the Council Chambers located at 276 Fourth Avenue, on the rezone and amendments to the UCSP and receive recommendation from the Planning Commission, and hear public testimony with regard to the same. and said hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Environmental Determination That the City Council has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in FEIR -06 -01 previously prepared and certified for the UCSP on April 26, 2007. Section II. Findings Finding l: Changes have occurred in the community since the approval of the original UCSP, which warrant approving the proposed amendments. The current UCSP land use subdistricts include the Village, Urban Core, and Corridor. Each subdistrict allows a variety of uses including residential, commercial /office, institutional, public quasi - public, retail, and a combination of some of these uses called mixed -use. These areas were rezoned in 2007. The Village subdistricts allow residential, mixed use, institutional, office, and commercial uses; the Urban Core subdistricts allow a variety of uses including multi- family residential, mixed use, office and commercial; and the Corridor subdistricts allow a variety of multi - family residential, mixed use, commercial, retail, and auto - related uses. 2015 -04 -14 Agenda Packet Page 394 Ordinance Page 4 Several commercially zoned areas with trailer parks and numerous parcels zoned R -3 were deferred for rezoning by the City Council with the adoption of the UCSP in 2007 to allow further analysis for consistency with Chula Vista Municipal Code (CVMC) Chapter 19.80. The areas where rezoning was deferred include commercial retail sites with some parcels developed as trailer parks, and multi - family (R -3) zoned sites which currently allow duplexes, multi - family development, professional offices, noncommercial recreational facilities, and commercial parking lots. Staff has conducted an analysis for consistency with CVMC Chapter 19.80, as further described below, and has determined that the rezoning is consistent with CVMC Chapter 19.80. These areas are now proposed to be rezoned to the appropriate UCSP subdistrict, making the zones consistent with residential and /or mixed use land use districts described above. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. The trailer parks currently operating within the Urban Core area include Broadway, Caravan, Flamingo, Fogerty Brothers, Mohawk, Rose Arbor, and Trailer Villa. These trailer parks were established many years ago under commercial or higher residential density zones prior to the adoption of the UCSP and are considered previously conforming uses. Although the trailer parks on commercially zoned or R -3 zoned properties will be rezoned, they may continue operating, and the proposed rezone action would not require any change to the current use of the trailer parks. In addition, the existing Single - Family (R -1) and Two - Family (R -2) zones within the UCSP will not be rezoned, and mobile home parks, currently zoned Mobile Home Park (MHP), are not proposed to be rezoned. Finding 2: The amendments are consistent with the General Plan for the City of Chula Vista. The General Plan vision for the Urban Core is an area containing the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City. The diverse character, architectural style, pedestrian- friendly environment and access to facilities and services will enhance the traditional residential neighborhoods that surround the Urban Core and is consistent with the vision of the City's General Plan for the Urban Core area. Finding 3: The amendments will result in a benefit to the Urban Core Specific Plan. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. Although the existing trailer parks on commercially zoned properties will be rezoned, they may continue operating as trailer parks. The proposed rezone action would not require any change to the current use of the trailer parks. In addition, with the removal of the "minimum floor area ratio" development requirement for all subdistricts where it applies, it is anticipated that this will encourage less intense property development during a transition period to more urban development. Maintaining the minimum Floor Area Ratio (FAR) for the Transit Focus Areas will help meet the goal of high density development surrounding transit facilities. The maximum FAR would remain in all subdistricts. 2015 -04 -14 Agenda Packet Page 395 Ordinance Page 5 Site development relies on development standards, such as FAR, street wall frontage, setbacks, building height, open space, and parking requirements to shape new development. Removing lot coverage as a mandatory development standard would facilitate infill development, including mixed uses, emphasize pedestrian scale, provide for urban amenities, encourage creative and flexible site design, and help revitalize the area. Finding 4: The amendments will not result in significant unmitigated impacts. The amendments to the UCSP do not introduce a new land use designation not previously contemplated in the UCSP; would not result in changes to the circulation system or other community facilities, which would materially affect a planning concept detailed in the UCSP; would not result in changes or additions to the design guidelines which materially alter the stated intent of the UCSP; nor result in new, significant, direct adverse environmental impacts not previously considered in FEIR- 06 -01. FEIR 06 -01 was previously reviewed and certified on April 26, 2007. Finding 5: The proposed rezoning is in compliance with the General Plan's Mixed -Use Residential, Urban Core Residential, Transit Focus Areas and Commercial designations and would result in areas converting to a residential intensity that is the next level of density in compliance with CVMC Chapter 19.80, as follows: 19.80.070 Chula Vista Zoning Code Modification: A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two-Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the properties to the next highest residential density level, as detailed below: A number of subject properties are currently zoned R -3. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per gross acre. 2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) within the Urban Core subdistricts, for transit- focused mixed use development, including residential, office and commercial. According to GPU policies (LUT 53.2; 53.3; 55.6; 55.7; 57.3; 57.4), the residential component of the Mixed Use Transit Focus Area designation is intended to have a TFA wide gross density of 60 dwelling units (du) per acre (72 du /net acre) in addition to a commercial FAR of 1.5 - 2.0. This density is the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4 and is consistent with adjacent properties that have already been rezoned. 2015 -04 -14 Agenda Packet Page 396 Ordinance Page 6 3. The General Plan Density for Urban Core Residential is 28 -60 dwelling units per gross acre (or 72 du /net acre). The proposed change in zoning from R -3 to various subdistricts is consistent with the above provision of the Cummings Initiative, since the change would be to the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4. 4. High (and very high) density multi - family residential already exists within the Urban Core including Congregational Towers, an affordable senior housing facility, which is located at 288 F Street and is zoned R -3H with a density of 248 units per acre, and Parkwoods (market -rate condominiums) located at 376 Center Street, which is zoned R -3HP with a density of 31 units per acre. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the pre- zoning approved for the subject property cannot be amended or changed in any way for a two-year period. The provision shall apply only to pre -zones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. Several parcels currently zoned Commercial Thoroughfare (CT) and developed with trailer parks are proposed to be rezoned to the UC -13 (mixed use, residential, office, and retail) and UC -14 (residential) subdistricts. This would be a rezone from commercial to mixed uses, including residential and is consistent with CVMC 19.80.070(D). The rezone to mixed use would result in less traffic compared to currently permitted commercial development. For the proposed rezone, the comparison would be between the potential traffic generation associated with future development under the existing CT zone and the corresponding maximum residential density that could be permitted under the rezone. Based on standard traffic generation rates (SANDAG 2002), commercial and office uses generate greater traffic than residential uses. For example, a one acre parcel zoned CT would have the potential to develop up to a 65,340 square foot commercial building. This is based on the CT development standards which allow up to 50% lot coverage and up to three stories. Based on the trip generation rates for commercial uses (e. g. 40 trips /1000 square feet), a total of 2,614 trips would be generated. 2015 -04 -14 Agenda Packet Page 397 Ordinance Page 7 Based on CVMC 19.80.070(D) criteria, the maximum residential density could not be more than the potential traffic generated by the commercial use. By comparison, SANDAG's standard traffic generation rates for multi - family development (six trips /du), this degree of trip generation would equate to about 435 dwelling units on the one acre parcel used in this example. The UC -13 district has a maximum floor are ratio (FAR) of 2.0 which could allow up to 48 du /acre and the UC -14 district has a maximum FAR of 3.0 which could allow up to 72 du /net acre resulting is significantly less traffic than a commercial use. Because commercial and office uses generate greater traffic volume, the rezone from commercial to a mixed use or multi - family residential category could never result in residential traffic volumes greater than the corresponding potential traffic generation from a commercial development. Therefore, the rezone from commercial to residential and /or mixed use that allows residential development would not conflict with CVMC 19.80.070(D). BE IT FURTHER ORDAINED that the City Council amend Chula Vista Zoning Map established by 19.18.010 and as depicted in Exhibit "1." BE IT FURTHER ORDAINED that the City Council amend the Urban Core Specific Plan (UCSP) to: 1) rezone certain apartment residential (R -3) zoned parcels and certain commercial zoned parcels for consistency within their UCSP subdistrict area excluding the following subdistricts: V -1; V -2; V -3; UC -12; and UC -14; 2) remove the minimum floor area ratio in certain subdistricts; 3) remove lot coverage as a mandatory development standard; and 4) make minor modifications to ensure consistency with city policies, procedures, and processes as depicted in Exhibit "2." Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication 2015 -04 -14 Agenda Packet Page 398 Ordinance Page 8 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: Kelly G. Broughton, FASLA Development Services Director Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 399 Attachment 3 ORDINANCE NO. B. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN TO: 1) REZONE CERTAIN APARTMENT RESIDENTIAL (R -3) ZONED PARCELS AND CERTAIN COMMERCIAL ZONED PARCELS FOR CONSISTENCY WITHIN THEIR UCSP AREA; 2) REMOVE THE MINIMUM FLOOR AREA RATIO IN CERTAIN SUBDISTRICTS; 3) REMOVE LOT COVERAGE AS A MANDATORY DEVELOPMENT STANDARD; AND 4) MAKE MINOR MODIFICATIONS TO ENSURE CONSISTENCY WITH CITY POLICIES, PROCEDURES, AND PROCESSES WHEREAS, the Urban Core Specific Plan (UCSP), which is the subject of this Ordinance, and for the purpose of description is generally located east of I -5, west of Second Avenue, north of L Street, and south of C Street as shown on Exhibit "1 "; and WHEREAS, the General Plan Update was approved by City Council on December 13, 2005; and WHEREAS, the 2005 General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the 2005 General Plan Vision for traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character, architectural style, pedestrian- friendly environment and enhanced access to facilities and services; and WHEREAS, the General Plan's Land Use and Transportation Element calls for the Urban Core, and other zoning regulations to implement the new land uses and vision of the Urban Core Sub Area identified in the 2005 General Plan; and WHEREAS, the UCSP was adopted by the City Council on April 26, 2007 (Ordinance No. 3070); and WHEREAS, the UCSP was amended by the City Council on February 23, 2011 (Ordinance No. 3184) that included minor amendments reclassifying Third Avenue as a two -lane downtown promenade, modifying residential parking standards for the Corridor District, and added outdoor dining design guidelines; and WHEREAS, in June 2013, the City Council requested staff to conduct the 5 -year review of the UCSP and make recommendations if any, which is consistent with the administration of the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended to be a document which responds to changing development trends in the urban core area; and 2015 -04 -14 Agenda Packet Page 400 Ordinance Page 2 WHEREAS, staff identified modifications to the UCSP including rezoning parcels that were deferred in 2007 and amendments to development standards and uses to facilitate new development. Apartment Residential (R -3) zoned parcels and certain commercial zoned parcels developed with trailer parks would be rezoned for consistency with other land use districts in the UCSP area, making all parcels in the UCSP area uniformly and properly zoned (Exhibit "1 "); and WHEREAS, on February 5, 2014, the amendments were presented to the Third Avenue Village Association (TAVA) Executive Board and Design Committee, which unanimously recommended the amendments and changes to the Village District Land Use Matrix including adding and removing certain uses and applicable limitations, and the permit requirements for certain uses be approved by the City Council; and WHEREAS, on February 26, 2014, the amendments were presented to the Chamber of Commerce Executive Board, which unanimously recommended the amendments be approved by the City Council; and WHEREAS, on May 7, 2014 the amendments were presented to the Development Services Oversight Committee which recommended approval of the proposed amendments; and WHEREAS, on May 8, 2014 staff held a public information meeting to inform the public about the proposed amendments; and WHEREAS, on July 17, 2014 staff held an information meeting for the Mobile Home Rent Review Commission to inform the Commission about the proposed amendments; and WHEREAS, the Development Services Department Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in the Final Environmental Impact Report (FEIR- 06 -0 1) prepared for the UCSP; and WHEREAS, FEIR -06 -01 was certified for the UCSP on April 26, 2007; and WHEREAS, the Development Services Director set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) for the Planning Commission for consideration of the amendments and rezone, and a notice of said hearing, together with its purpose, was given a 1/8 display advertisement by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on said UCSP rezone and amendments of certain parcels at a time and place as advertised, namely August 27, 2014 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue and said hearing was therefore closed; and 2015 -04 -14 Agenda Packet Page 401 Ordinance Page 3 WHEREAS, the Planning Commission recommended approval with a 5 -0 -1 -1 vote for the UCSP rezoning and amendments at a public hearing held at a time and place advertised, namely 6:00 pm on August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and WHEREAS, the proceedings and all the evidence presented before the Planning Commission at their public hearing held on August 27, 2014 and the Minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding; and WHEREAS, the City Clerk set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) and notice of said hearing together with its purpose was given by its publication of a 1/8 display advertisement in a newspaper of general circulation in the City and the notice was mailed to affected property owners at least ten days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held before the City Council at the time and place as advertised, namely 6:00 p.m. on April 14, 2015, in the Council Chambers located at 276 Fourth Avenue, on the rezone and amendments to the UCSP and receive recommendation from the Planning Commission, and hear public testimony with regard to the same. and said hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Environmental Determination That the City Council has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in FEIR -06 -01 previously prepared and certified for the UCSP on April 26, 2007. Section II. Findings Finding 1: Changes have occurred in the community since the approval of the original UCSP, which warrant approving the proposed amendments. The current UCSP land use subdistricts include the Village, Urban Core, and Corridor. Each subdistrict allows a variety of uses including residential, commercial /office, institutional, public quasi - public, retail, and a combination of some of these uses called mixed -use. These areas were rezoned in 2007. The Village subdistricts allow residential, mixed use, institutional, office, and commercial uses; the Urban Core subdistricts allow a variety of uses including multi- family residential, mixed use, office and commercial; and the Corridor subdistricts allow a variety of multi - family residential, mixed use, commercial, retail, and auto - related uses. Several commercially zoned areas with trailer parks and numerous parcels zoned R -3 were deferred for rezoning by the City Council with the adoption of the UCSP in 2007 to allow further analysis for consistency with Chula Vista Municipal Code (CVMC) Chapter 19.80. The areas where rezoning was deferred include commercial retail sites with some parcels developed 2015 -04 -14 Agenda Packet Page 402 Ordinance Page 4 as trailer parks, and multi - family (R -3) zoned sites which currently allow duplexes, multi - family development, professional offices, noncommercial recreational facilities, and commercial parking lots. Staff has conducted an analysis for consistency with CVMC Chapter 19.80, as further described below, and has determined that the rezoning is consistent with CVMC Chapter 19.80. These areas are now proposed to be rezoned to the appropriate UCSP subdistrict, making the zones consistent with residential and /or mixed use land use districts described above. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. The trailer parks currently operating within the Urban Core area include Broadway, Caravan, Flamingo, Fogerty Brothers, Mohawk, Rose Arbor, and Trailer Villa. These trailer parks were established many years ago under commercial or higher residential density zones prior to the adoption of the UCSP and are considered previously conforming uses. Although the trailer parks on commercially zoned or R -3 zoned properties will be rezoned, they may continue operating, and the proposed rezone action would not require any change to the current use of the trailer parks. In addition, the existing Single - Family (R -1) and Two - Family (R -2) zones within the UCSP will not be rezoned, and mobile home parks, currently zoned Mobile Home Park (MHP), are not proposed to be rezoned. Finding 2: The amendments are consistent with the General Plan for the City of Chula Vista. The General Plan vision for the Urban Core is an area containing the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City. The diverse character, architectural style, pedestrian- friendly environment and access to facilities and services will enhance the traditional residential neighborhoods that surround the Urban Core and is consistent with the vision of the City's General Plan for the Urban Core area. Finding 3: The amendments will result in a benefit to the Urban Core Specific Plan. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. Although the existing trailer parks on commercially zoned properties will be rezoned, they may continue operating as trailer parks. The proposed rezone action would not require any change to the current use of the trailer parks. In addition, with the removal of the "minimum floor area ratio" development requirement for all subdistricts where it applies, it is anticipated that this will encourage less intense property development during a transition period to more urban development. Maintaining the minimum Floor Area Ratio (FAR) for the Transit Focus Areas will help meet the goal of high density development surrounding transit facilities. The maximum FAR would remain in all subdistricts. Site development relies on development standards, such as FAR, street wall frontage, setbacks, building height, open space, and parking requirements to shape new development. Removing lot coverage as a mandatory development standard would facilitate infill development, including mixed uses, emphasize pedestrian scale, provide for urban amenities, encourage creative and flexible site design, and help revitalize the area. 2015 -04 -14 Agenda Packet Page 403 Ordinance Page 5 Finding 4: The amendments will not result in significant unmitigated impacts. The amendments to the UCSP do not introduce a new land use designation not previously contemplated in the UCSP; would not result in changes to the circulation system or other community facilities, which would materially affect a planning concept detailed in the UCSP; would not result in changes or additions to the design guidelines which materially alter the stated intent of the UCSP; nor result in new, significant, direct adverse environmental impacts not previously considered in FEIR- 06 -01. FEIR 06 -01 was previously reviewed and certified on April 26, 2007. Finding 5: The proposed rezoning is in compliance with the General Plan's Mixed -Use Residential, Urban Core Residential, Transit Focus Areas and Commercial designations and would result in areas converting to a residential intensity that is the next level of density in compliance with CVMC Chapter 19.80, as follows: 19.80.070 Chula Vista Zoning Code Modification: A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two-Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the properties to the next highest residential density level, as detailed below: A number of subject properties are currently zoned R -3. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per gross acre. 2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) within the Urban Core subdistricts, for transit- focused mixed use development, including residential, office and commercial. According to GPU policies (LUT 53.2; 53.3; 55.6; 55.7; 57.3; 57.4), the residential component of the Mixed Use Transit Focus Area designation is intended to have a TFA wide gross density of 60 dwelling units (du) per acre (72 du /net acre) in addition to a commercial FAR of 1.5 - 2.0. This density is the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4 and is consistent with adjacent properties that have already been rezoned. 3. The General Plan Density for Urban Core Residential is 28 -60 dwelling units per gross acre (or 72 du /net acre). The proposed change in zoning from R -3 to various subdistricts is consistent with the above provision of the Cummings Initiative, since 2015 -04 -14 Agenda Packet Page 404 Ordinance Page 6 the change would be to the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4. 4. High (and very high) density multi - family residential already exists within the Urban Core including Congregational Towers, an affordable senior housing facility, which is located at 288 F Street and is zoned R -3H with a density of 248 units per acre, and Parkwoods (market -rate condominiums) located at 376 Center Street, which is zoned R -3HP with a density of 31 units per acre. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the pre- zoning approved for the subject property cannot be amended or changed in any way for a two-year period. The provision shall apply only to pre -zones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. Several parcels currently zoned Commercial Thoroughfare (CT) and developed with trailer parks are proposed to be rezoned to the UC -13 (mixed use, residential, office, and retail) and UC -14 (residential) subdistricts. This would be a rezone from commercial to mixed uses, including residential and is consistent with CVMC 19.80.070(D). The rezone to mixed use would result in less traffic compared to currently permitted commercial development. For the proposed rezone, the comparison would be between the potential traffic generation associated with future development under the existing CT zone and the corresponding maximum residential density that could be permitted under the rezone. Based on standard traffic generation rates (SANDAG 2002), commercial and office uses generate greater traffic than residential uses. For example, a one acre parcel zoned CT would have the potential to develop up to a 65,340 square foot commercial building. This is based on the CT development standards which allow up to 50% lot coverage and up to three stories. Based on the trip generation rates for commercial uses (e. g. 40 trips/ 1000 square feet), a total of 2,614 trips would be generated. Based on CVMC 19.80.070(D) criteria, the maximum residential density could not be more than the potential traffic generated by the commercial use. By comparison, SANDAG's standard traffic generation rates for multi - family development (six trips /du), this degree of trip generation would equate to about 435 dwelling units on the one acre parcel used in this example. 2015 -04 -14 Agenda Packet Page 405 Ordinance Page 7 The UC -13 district has a maximum floor are ratio (FAR) of 2.0 which could allow up to 48 du /acre and the UC -14 district has a maximum FAR of 3.0 which could allow up to 72 du /net acre resulting is significantly less traffic than a commercial use. Because commercial and office uses generate greater traffic volume, the rezone from commercial to a mixed use or multi - family residential category could never result in residential traffic volumes greater than the corresponding potential traffic generation from a commercial development. Therefore, the rezone from commercial to residential and /or mixed use that allows residential development would not conflict with CVMC 19.80.070(D). BE IT FURTHER ORDAINED that the City Council amend Chula Vista Zoning Map established by 19.18.0 10 and as depicted in Exhibit "1." BE IT FURTHER ORDAINED that the City Council amend the Urban Core Specific Plan (UCSP) to: 1) rezone certain apartment residential (R -3) zoned parcels and certain commercial zoned parcels for consistency within the UCSP area; 2) remove the minimum floor area ratio in certain subdistricts; 3) remove the lot coverage development standard; and 4) make minor modifications to ensure consistency with City policies, procedures, and processes as depicted in Exhibit "2." Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. 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. 2015 -04 -14 Agenda Packet Page 406 Ordinance Page 8 Presented By: Kelly G. Broughton, FASLA Development Services Director Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 407 Attachment 3 ORDINANCE NO. C. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING AMENDMENTS TO THE URBAN CORE SPECIFIC PLAN LAND USE MATRIX TO ALLOW CERTAIN DELETIONS AND ADDITIONS OF LAND USES AND PERMIT PROCESSES WHEREAS, the Urban Core Specific Plan (UCSP), which is the subject of this Ordinance, and for the purpose of description is generally located east of I -5, west of Second Avenue, north of L Street, and south of C Street as shown on Exhibit "1 "; and WHEREAS, the General Plan Update was approved by City Council on December 13, 2005; and WHEREAS, the 2005 General Plan Vision for the Urban Core of the City states that the Urban Core will contain the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City; and WHEREAS, the 2005 General Plan Vision for traditional residential neighborhoods that surround the Urban Core states that the attractiveness of living in these areas will be enhanced by the Urban Core's diversity in character, architectural style, pedestrian- friendly environment and enhanced access to facilities and services; and WHEREAS, the General Plan's Land Use and Transportation Element calls for the Urban Core, and other zoning regulations to implement the new land uses and vision of the Urban Core Sub Area identified in the 2005 General Plan; and WHEREAS, the UCSP was adopted by the City Council on April 26, 2007 (Ordinance No. 3070); and WHEREAS, the UCSP was amended by the City Council on February 23, 2011 (Ordinance No. 3184) that included minor amendments reclassifying Third Avenue as a two -lane downtown promenade, modifying residential parking standards for the Corridor District, and added outdoor dining design guidelines; and WHEREAS, in June 2013, the City Council requested staff to conduct the 5 -year review of the UCSP and make recommendations if any, which is consistent with the administration of the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended to be a document which responds to changing development trends in the urban core area; and WHEREAS, staff identified modifications to the UCSP including rezoning parcels that were deferred in 2007 and amendments to development standards and uses to facilitate new development. Apartment Residential (R -3) zoned parcels and certain commercial zoned parcels developed with trailer parks would be rezoned for consistency with other land use districts in the 2015 -04 -14 Agenda Packet Page 408 Ordinance Page 2 UCSP area, making all parcels in the UCSP area uniformly and properly zoned (Exhibit "1 "); and WHEREAS, on February 5, 2014, the amendments were presented to the Third Avenue Village Association (TAVA) Executive Board and Design Committee, which unanimously recommended the amendments and changes to the Village District Land Use Matrix including adding and removing certain uses and applicable limitations, and the permit requirements for certain uses be approved by the City Council; and WHEREAS, on February 26, 2014, the amendments were presented to the Chamber of Commerce Executive Board, which unanimously recommended the amendments be approved by the City Council; and WHEREAS, on May 7, 2014 the amendments were presented to the Development Services Oversight Committee which recommended approval of the proposed amendments; and WHEREAS, on May 8, 2014 staff held a public information meeting to inform the public about the proposed amendments; and WHEREAS, on July 17, 2014 staff held an information meeting for the Mobile Home Rent Review Commission to inform the Commission about the proposed amendments; and WHEREAS, the Development Services Department Director reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in the Final Environmental Impact Report (FEIR- 06 -01) prepared for the UCSP; and WHEREAS, FEIR -06 -01 was certified for the UCSP on April 26, 2007; and WHEREAS, the Development Services Director set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) for the Planning Commission for consideration of the amendments and rezone, and a notice of said hearing, together with its purpose, was given a 1/8 display advertisement by its publication in a newspaper of general circulation in the City, at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing on said UCSP rezone and amendments of certain parcels at a time and place as advertised, namely August 27, 2014 at 6:00 p.m. in the Council Chambers located at 276 Fourth Avenue and said hearing was therefore closed; and WHEREAS, the Planning Commission recommended approval with a 5 -0 -1 -1 vote for the UCSP rezoning and amendments at a public hearing held at a time and place advertised, namely 6:00 pm on August 27, 2014, in the Council Chambers, 276 Fourth Avenue; and 2015 -04 -14 Agenda Packet Page 409 Ordinance Page 3 WHEREAS, the proceedings and all the evidence presented before the Planning Commission at their public hearing held on August 27, 2014 and the Minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding; and WHEREAS, the City Clerk set the time and place for a hearing on said amendments and rezoning actions (PCM- 14 -04) and notice of said hearing together with its purpose was given by its publication of a 1/8 display advertisement in a newspaper of general circulation in the City and the notice was mailed to affected property owners at least ten days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held before the City Council at the time and place as advertised, namely 6:00 p.m. on April 14, 2015, in the Council Chambers located at 276 Fourth Avenue, on the rezone and amendments to the UCSP and receive recommendation from the Planning Commission, and hear public testimony with regard to the same. and said hearing was thereafter closed. NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Environmental Determination That the City Council has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed amendments to the UCSP are minor and would not result in new, significant, adverse environmental impacts not previously considered in FEIR -06 -01 previously prepared and certified for the UCSP on April 26, 2007. Section II. Findings Finding 1: Changes have occurred in the community since the approval of the original UCSP, which warrant approving the proposed amendments. The current UCSP land use subdistricts include the Village, Urban Core, and Corridor. Each subdistrict allows a variety of uses including residential, commercial /office, institutional, public quasi - public, retail, and a combination of some of these uses called mixed -use. These areas were rezoned in 2007. The Village subdistricts allow residential, mixed use, institutional, office, and commercial uses; the Urban Core subdistricts allow a variety of uses including multi- family residential, mixed use, office and commercial; and the Corridor subdistricts allow a variety of multi - family residential, mixed use, commercial, retail, and auto - related uses. Several commercially zoned areas with trailer parks and numerous parcels zoned R -3 were deferred for rezoning by the City Council with the adoption of the UCSP in 2007 to allow further analysis for consistency with Chula Vista Municipal Code (CVMC) Chapter 19.80. The areas where rezoning was deferred include commercial retail sites with some parcels developed as trailer parks, and multi - family (R -3) zoned sites which currently allow duplexes, multi - family development, professional offices, noncommercial recreational facilities, and commercial parking lots. Staff has conducted an analysis for consistency with CVMC Chapter 19.80, as further described below, and has determined that the rezoning is consistent with CVMC Chapter 2015 -04 -14 Agenda Packet Page 410 Ordinance Page 4 19.80. These areas are now proposed to be rezoned to the appropriate UCSP subdistrict, making the zones consistent with residential and /or mixed use land use districts described above. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. The trailer parks currently operating within the Urban Core area include Broadway, Caravan, Flamingo, Fogerty Brothers, Mohawk, Rose Arbor, and Trailer Villa. These trailer parks were established many years ago under commercial or higher residential density zones prior to the adoption of the UCSP and are considered previously conforming uses. Although the trailer parks on commercially zoned or R -3 zoned properties will be rezoned, they may continue operating, and the proposed rezone action would not require any change to the current use of the trailer parks. In addition, the existing Single - Family (R -1) and Two - Family (R -2) zones within the UCSP will not be rezoned, and mobile home parks, currently zoned Mobile Home Park (MHP), are not proposed to be rezoned. Finding 2: The amendments are consistent with the General Plan for the City of Chula Vista. The General Plan vision for the Urban Core is an area containing the greatest diversity of public, commercial, civic, financial, cultural, and residential uses emphasizing its role as the hub of the City. The diverse character, architectural style, pedestrian- friendly environment and access to facilities and services will enhance the traditional residential neighborhoods that surround the Urban Core and is consistent with the vision of the City's General Plan for the Urban Core area. Finding 3: The amendments will result in a benefit to the Urban Core Specific Plan. The rezoned parcels will have expanded development opportunities if the property owner chooses to develop them with other allowed uses, or the existing uses may remain. Although the existing trailer parks on commercially zoned properties will be rezoned, they may continue operating as trailer parks. The proposed rezone action would not require any change to the current use of the trailer parks. In addition, with the removal of the "minimum floor area ratio" development requirement for all subdistricts where it applies, it is anticipated that this will encourage less intense property development during a transition period to more urban development. Maintaining the minimum Floor Area Ratio (FAR) for the Transit Focus Areas will help meet the goal of high density development surrounding transit facilities. The maximum FAR would remain in all subdistricts. Site development relies on development standards, such as FAR, street wall frontage, setbacks, building height, open space, and parking requirements to shape new development. Removing lot coverage as a mandatory development standard would facilitate infill development, including mixed uses, emphasize pedestrian scale, provide for urban amenities, encourage creative and flexible site design, and help revitalize the area. The V -1 subdistrict currently has about a 50/50 mix of residential and commercial /office uses. These uses can remain, and would only change by the property owner's action. The V -1 subdistrict currently restricts new nonresidential uses. The amendments allow some new service commercial /office uses by right in the (V -1) subdistrict in addition to residential uses similar to 2015 -04 -14 Agenda Packet Page 411 Ordinance Page 5 what currently exists. Other changes to the Village Subdistricts Land Use Matrix expands the list of uses, removes certain limitations, and requires certain uses to obtain a conditional use permit to facilitate harmonious development. Finding 4: The amendments will not result in significant unmitigated impacts. The amendments to the UCSP do not introduce a new land use designation not previously contemplated in the UCSP; would not result in changes to the circulation system or other community facilities, which would materially affect a planning concept detailed in the UCSP; would not result in changes or additions to the design guidelines which materially alter the stated intent of the UCSP; nor result in new, significant, direct adverse environmental impacts not previously considered in FEIR- 06 -01. FEIR 06 -01 was previously reviewed and certified on April 26, 2007. Finding 5: The proposed rezoning is in compliance with the General Plan's Mixed -Use Residential, Urban Core Residential, Transit Focus Areas and Commercial designations and would result in areas converting to a residential intensity that is the next level of density in compliance with CVMC Chapter 19.80, as follows: 19.80.070 Chula Vista Zoning Code Modification: A. Rezoning of property designated for residential development under the City's zoning code shall be permitted only to the next highest residential density category in any two year period according to the following schedule: A Agricultural Zone RE Residential Estates Zones R -1 Single Family Residential R -2 One and Two-Family Residential Zone R -3 Apartment Residential Zone This proposal would rezone the properties to the next highest residential density level, as detailed below: A number of subject properties are currently zoned R -3. Pursuant to the General Plan designation, a high density R -3 zoning has a density range of 18 to 27 dwelling units per gross acre. 2. The General Plan Update (GPU) designates all Transit Focus Areas (TFA) within the Urban Core subdistricts, for transit- focused mixed use development, including residential, office and commercial. According to GPU policies (LUT 53.2; 53.3; 55.6; 55.7; 57.3; 57.4), the residential component of the Mixed Use Transit Focus Area designation is intended to have a TFA wide gross density of 60 dwelling units (du) per acre (72 du /net acre) in addition to a commercial FAR of 1.5 - 2.0. This density is the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4 and is consistent with adjacent properties that have already been rezoned. 2015 -04 -14 Agenda Packet Page 412 Ordinance Page 6 3. The General Plan Density for Urban Core Residential is 28 -60 dwelling units per gross acre (or 72 du /net acre). The proposed change in zoning from R -3 to various subdistricts is consistent with the above provision of the Cummings Initiative, since the change would be to the next highest residential density category as identified and approved in General Plan Land Use Designation and Zoning Table 5 -4. 4. High (and very high) density multi - family residential already exists within the Urban Core including Congregational Towers, an affordable senior housing facility, which is located at 288 F Street and is zoned R -3H with a density of 248 units per acre, and Parkwoods (market -rate condominiums) located at 376 Center Street, which is zoned R -3HP with a density of 31 units per acre. B. Any annexation of lands within the City's sphere of influence shall conform to the purposes, intent and requirements of this ordinance. This proposal does not involve the annexation of any lands. C. After property is annexed by the City, the pre- zoning approved for the subject property cannot be amended or changed in any way for a two-year period. The provision shall apply only to pre -zones approved after the effective date of this ordinance. This proposal does not involve the annexation of any lands. D. Rezoning commercial or industrial property to a residential zone shall be permitted only to the maximum residential density corresponding to the potential traffic generation that was applicable prior to the rezoning to residential. In addition, property which is rezoned from residential to commercial or industrial may not be rezoned to a residential category of higher density than that which was applicable prior to the rezoning to commercial or industrial. Several parcels currently zoned Commercial Thoroughfare (CT) and developed with trailer parks are proposed to be rezoned to the UC -13 (mixed use, residential, office, and retail) and UC -14 (residential) subdistricts. This would be a rezone from commercial to mixed uses, including residential and is consistent with CVMC 19.80.070(D). The rezone to mixed use would result in less traffic compared to currently permitted commercial development. For the proposed rezone, the comparison would be between the potential traffic generation associated with future development under the existing CT zone and the corresponding maximum residential density that could be permitted under the rezone. Based on standard traffic generation rates (SANDAG 2002), commercial and office uses generate greater traffic than residential uses. For example, a one acre parcel zoned CT would have the potential to develop up to a 65,340 square foot commercial building. This is based on the CT development standards which allow up to 50% lot coverage and up to three stories. Based on the trip generation rates for commercial uses (e. g. 40 trips/ 1000 square feet), a total of 2,614 trips would be generated. Based on CVMC 19.80.070(D) criteria, the maximum residential density could not be more than the potential traffic generated by the commercial use. By comparison, 2015 -04 -14 Agenda Packet Page 413 Ordinance Page 7 SANDAG's standard traffic generation rates for multi - family development (six trips /du), this degree of trip generation would equate to about 435 dwelling units on the one acre parcel used in this example. The UC -13 district has a maximum floor are ratio (FAR) of 2.0 which could allow up to 48 du /acre and the UC -14 district has a maximum FAR of 3.0 which could allow up to 72 du /net acre resulting is significantly less traffic than a commercial use. Because commercial and office uses generate greater traffic volume, the rezone from commercial to a mixed use or multi - family residential category could never result in residential traffic volumes greater than the corresponding potential traffic generation from a commercial development. Therefore, the rezone from commercial to residential and /or mixed use that allows residential development would not conflict with CVMC 19.80.070(D). BE IT FURTHER ORDAINED that the City Council amend Chula Vista Zoning Map established by 19.18.010 and as depicted in Exhibit "1." BE IT FURTHER ORDAINED that the City Council amend the Urban Core Specific Plan (UCSP) to: 1) allow certain commercial/office uses by right in the East Village (V -1) subdistrict; 2) update the land use matrix; and 3) make minor modifications to ensure consistency with City policies, procedures, and processes as depicted in Exhibit "2." Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. 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. 2015 -04 -14 Agenda Packet Page 414 Ordinance Page 8 Presented By: Kelly G. Broughton, FASLA Development Services Director Approved as to form by: Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 415 1-- Pa ... ,. I----------------------------- Noll INN I INN go mill 1111111 IN -•- • _ Corridor District Chula Vista Urban i Existing . - Urban . • CC, CT - - 1-- Pa Exhibit 2 Draft UCSP Text Amendments (provided separately in CD format) 2015 -04 -14 Agenda Packet Page 417 R3 Multi - Family to V -1 (Mixed Use Residential) R3 Multi - Family to V -3 (Mixed Use Residential) R3 Multi - Family to V -4 (Mixed Use Residential) CCP Commercial to UC -16 (Mixed Use Commercial) R3 Multi - Family to UC -15 Transit Focus Area (Mixed Use Residential) R3 Multi - Family to UC -3 (Residential) R3 Multi - Family to UC -12 Transit Focus Area (Mixed Use Residential) R3 Multi - Family to UC -1 Transit Focus Area (Mixed Use Residential) R3 Multi - Family to UC -5 (Mixed Use Commercial) R3 Multi - Family to UC -2 Transit Focus Area (Mixed Use Residential) CT Commercial to UC -13 (Mixed Use Residential) CT Commercial and R3 Multi - Family to UC -14 (Residential) R3 Multi - Family to UC -10 Transit Focus Area (Mixed Use Residential) R2P —14 R3P21 R3P2x c0 'IS Co RJ Rt R3 - UC2 Gateway � R3 V -1 Transit Focus Area R3PI2 - R3(:' Rsu (Minimum FAR 2.5) uc_1 7HIRO AV — C-1 7FJ t131_ Ravxx V-3 Rasp cn V -3 cc R9 C,n fi3:: CC CDO UC-3 - V -4 R] uC -s CO FRS `II f L UC -4 �w«,n�,wwnn 5 -04 -14 Agenda Packet Page, k5 UC -6 R1 W R1 JIIII LL F = I<t UC -i Rl j'� R1 R1 U C -g R3P33 R1 R2 R2 UC-9 R^ TP CTS R3 C -3 UC -16 UC -13 BKO DWar R2 C -Z P rFYC15 E Street Trolley UC12 H Street Trolley Transit Focus Area ILO Transit Focus Area R1 R3 (Minimum FAR 4.0) (Minimum FAR 4.0} R3 R' UC -19 JUC-1,13 UC -14 R7 'I IF UC -11 R1 .. .. R1 IL L R3P YIIP UC -1 L3 R2 RS SRG UC -14 R3 R3 ❑l- I'! CV I - 5 FREEWAY UC -10 IP ICI I �Mr Chula Vista Urban 0 Subdistrict with Minimum Flear Area Ratio to be Retained Core Transit Focus Areas o Existing zoning 0 300 6DP 900 3 2D0 CHULA VISTA (TFA) uC -# Subdistrict Name Feet �w«,n�,wwnn 5 -04 -14 Agenda Packet Page, O N It v b0 m n. Ld x o. d' d' O 1 j ' 1 - I c ` I 11 +• k C t �� - 01 s . -�,��- •il Vic. j' - ,. .. _� y+,+• —., yrin ', nY2 i P �. # _ f L- -y 41fi . s I}L tot a W L h Iri e 16 1 �..t a � y u � ��� ��� �m-ti._ �� � k 1.7 l�, i I 1 � _ AL� l� • .'nom 1.. + -' =..� � �• . .�'k; OEE_ J I� � 1 � �4 } a • s. / f0" -p. L �1 QD lemp 4. Jam. - .,. •.G 1 L O N It v b0 m n. Ld x o. d' d' O Attachment 7 ViLLAGE May 7- 2014 Michael .Walker City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Urban Cote Specific Plan Review Recommendations Dean Mr•.. Walker, On behalf'of'the Third Avenue Village Association (TAVA) Board of Directors and our Economic Development Committee, we would like to present the following recommended changes to the Urban Core Specific Plan (UCSP) Land Use Matrix for consideration during the City's current review process Both TAVA entities have spent several hours reviewing the current matrix and believe strongly that the recommended changes support the mission of TAVA and its members as we continue to work with the City to create a vibrant pedestrian-friendly business district, leading to increased sales, property values and community pride.. Included in the following pages are the recommended Iand use changes as approved by the TAVA Board of Directors_ We thank you for your consideration. Respectfully submitted, (1�e Hulsizer, Executive Director (619) 422 -1982 ext 2 Page 1 353 Third Avenue, Chula Vista, California 91910 wWw.thirdaverr uevillage:corn 2015 -04 -14 Agenda Packet Page 421 Recommended Changes CATEGORY Residential V -1 V -2, V -3, V4 NOTES Family Day Cate homes, large (9 -14 children) Not permitted Not permitted Family Day Care homes, small (8 or fewer children Professional Office Not permitted Full -time foster homes Cu? Permitted remove a Financial offices Nursing homes Not peirnitted Permitted Residential Care Facilities Medical, optical. and dentallabozator Not permitted Public, Quasi - Public & Permitted insutuuonat Ambulance services Not permitted Not permitted Cemeteries Not permitted Not permitted Professional Office Administrative and Executive ofircea Permitted. Financial offices Permitted Medical and dental offices /clinic _ Permitted Medical, optical. and dentallabozator CUP (b) Professional offices (architectural, engineering, law Permitted Real estate offices Permitted Research and develo went Permitted Veterinaty clinics /animal hospitals Permitted CUP w/o (b) Commercial - Service Body axt/tattoo /piercing salon CUP Cobbler Permitted i Permitted w/o (a) Da nursery CUP Day spa Permitted Page 2 353 Third Avenue, Chula Vista, California 91910 www thirdavenuevillage,com 2015 -04 -14 Agenda Packet Page 422 Y11 CAT'EGQRY I V -1 V -2, V -3, V -4 NOTES Cominercial — Service (up to 5,000 N. ft.) (continued) Permitted and rentals Electronic repairs Permitted Permitted Fortune telling CUP Manicure and pedicure shops Permitted Permitted w/o (e) Photography studios Permitted 15 Tailor sho s Permitted Permitted w/o e) adult oriented Commer -cial - Retail Convenience stores CUP Home furnishing stones Permitted w/o (e) (up to 5,000 N. ft.) Marixze Sales, supplies Permitted and rentals Automotive and Boat Boat and equipment sales Permitted and rentals Hos ilg Bed and breakfast Permitted Dance hall (excludes CUP (b,d,h) adult oriented emtettaimnent Liquor stores (excluding CUP s . altX wine retail) Agriculture Uses Plant nurseries (up to Permitted Permitted 5,000 s . ft. Accessory Uses Roof - mounted satellite Permitted Permitted dishes Page 3 353 Third Avenue, Chula Vista, California 91910 www.thirdavenuevillage .corn 2015 -04 -14 Agenda Packet Page 423 2015 -04 -14 Agenda Packet Page 424 Page 42 5 2015 -04 -14 Agenda Packet Page 426 Page 427 2015 -04 -14 Agenda Packet Page 428 CITY of CHULA VISTA Punning Commission �T REGULAR MEETING OF THE CITY OF CHULA VISTA PLANNING COMMISSION Date: August 27, 2014 Council Chambers 6:00 p.m. Public Service Building A 276 Fourth Avenue CALL TO ORDER at 6:00 p.m. ROLL CALL: Present: Commissioners Anaya, Livag, Nava, Vinson and Chair Calvo Absent: Commissioners Fragomeno and Moctezuma MOTIONS TO EXCUSE: Chair Calvo made a motion to excuse Commissioners Fragomeno and Moctezuma as requested. Commissioner Vinson seconded the motion and it passed 5 -0 -2 -0 PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE OPENING STATEMENT: 1. APPROVAL OF MINUTES August 13, 2014 Motion by Vinson; Second by Anaya Motion passed 5 -0 -2 -0 with Fragomeno and Moctezuma absent 2. Announcement of New Commissioners Julio C. Fuentes Gabriel E. Gutierrez PUBLIC COMMENTS: Persons speaking during Public Comments may address the Board /Commission on any subject matter within the Board /Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board /Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the board /Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. 2015 -04 -14 Agenda Packet Page 429 Planning Commission Agenda August 27, 2014 Page -2- CONSENT ITEMS: The Planning Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Planning Commissioner, a member of the public, or staff requests that the item be removed for discussion. If you wish to speak on this item, please fill out o "Request to Speak" form (available in the lobby) and submit it to the Secretary prior to the meeting. An item pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. PUBLIC HEARINGS: The following item(s) have been advertised as public heoring(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the Commission Secretary prior to the meeting. 3. PUBLIC HEARING: PCM 1404 Planning Commission recommendation to the City Council to approve a resolution and adopt an ordinance amending the City of Chula Vista Urban Core Specific Plan and related rezoning actions. Project Manager: Michael Walker Commissioner Anaya recused himself Michael Walker gave a PowerPoint presentation that included the following information: INTRODUCTION The Urban Core Specific Plan (UCSP) was adopted by City Council in April 2007. As an implementing plan for the 2005 General Plan, the UCSP contains land use regulations and design guidelines for both private and public development to facilitate the visions provided by the General Plan. In 2011, the City Council approved amendments to the UCSP including: • The re- designation of portions of Third Avenue in the Village to a two -lane Downtown Promenade; and • Revisions to the residential parking standard in the Corridor subdistricts to be consistent with the citywide multi - family residential standard; and • Addition of the "Third Avenue Outdoor Dining Guidelines" as Appendix E. The UCSP requires periodic review of the Plan to ensure proper functioning and implementation over time. In 2013, the City Council requested staff to conduct the 5 -year review of the UCSP. This is consistent with the administration of the UCSP which anticipates periodic reassessment of the Plan's implementation as it is intended to be a document which responds to changing development trends in the urban core area. Over the last few years, several projects have benefited from the UCSP's form -based code development standards and design guidelines. Projects such as Urbana, The Colony and Lofts on Landis have been approved, with the Lofts on Landis project currently undergoing 2015 -04 -14 Agenda Packet Page 430 Planning Commission Agenda August 27, 2014 Page -3- construction. During the review and approval process of these projects staff identified several development issues that needed to be addressed to better facilitate urban development. With the exception of these recent projects, staff found limited development activity had actually occurred likely due in large part to the economy. DISCUSSION The hearing is intended to provide the Planning Commission with recommendations regarding changes to the UCSP including rezoning certain R -3 and commercially zoned trailer park sites, removing certain development standards to facilitate development, allow additional commercial /office businesses in the East Village (V -1) subdistrict, ensure the UCSP is consistent with policies established by the General Plan, particularly, "Complete Streets" and the Bikeway Master Plan, and make minor text edits to update information. Staff did the reassessment over the last year and recommends the following items be approved: • Rezone Apartment Residential (R -3) zoned parcels and certain commercial zoned parcels developed with trailer parks to provide consistency with the City's General Plan and existing adjacent land use subdistricts in the UCSP, making all parcels in the UCSP area uniformly and properly zoned. This action was deferred by Council with the original adoption of the Plan in 2007. The rezone would not result in the requirement to change the current use of property (Attachment 4). • Remove the minimum floor area ratio to allow less intense property development in areas other than Transit Focus Areas (TFAs) (Attachment 5). • Remove lot coverage as a mandatory development standard to allow more flexibility in form -based development. • Modify the Land Use Matrix for the Village District to reflect changes in uses and permit processing (Attachment 6). • Allow some commercial /office uses by right in the East Village (V -1) subdistrict in addition to residential uses (Attachment 7). • Add text to ensure the UCSP is consistent with the City's Bikeway Master Plan and adequately addresses Complete Streets policies. • Make minor text edits to clarify and update information relative to the processes that have been implemented in the last five plus years. • Provide a map which clearly identifies the zoning for the Northwest Urban Core area which includes the urban core subdistricts as well as adjacent Single - Family (R -1); Two - Family (R -2) and Mobile Home Park (MHP) zones. 2015 -04 -14 Agenda Packet Page 431 Planning Commission Agenda August 27, 2014 Page -4- Miscellaneous Updates: Staff is proposing other minor clarifications including providing consistency with the Bikeway Master Plan, "Complete Streets" policies, and new permit approval processes that have been implemented since the adoption of the UCSP in 2007. CONCLUSION The UCSP amendments will provide consistent zoning and land use designations in the urban core area, allow for better Plan implementation by removing limiting development standards and clarifying Plan language to facilitate property development trends, allow new commercial /office uses in the East Village (V -1) subdistrict, modify the Village Land Use Matrix, and ensure consistency with the citywide Bikeway Master Plan and "Complete Street" policies. The amendments would better incorporate the surrounding residential zones providing a broader urban core community. Adoption of the amendments would provide opportunities to revitalize the economic vitality of the urban core. Development pursuant to the UCSP would afford greater array of housing choices for residents of Chula Vista, and create more choices to work, shop, and play. RECOMMENDATION That Planning Commission adopts a Resolution recommending that the City Council approve the draft Resolution and Ordinance presented amending the UCSP and rezoning certain properties based on the findings set forth therein. Questions to Staff: Vinson: Questioned whether there was "more" or "less" density in the development. Michael Walker gave an explanation and then Ed Batchelder, Planning Manager, focused in on the wording of "minimum floor ratio" which would allow more development because the "minimum floor ratio" was going to allow more development. Livag: The letter from Crossroads 11 addressed minimum parking requirements. Are there proposed changes to those? Batchelder: There are no changes proposed. He explained that there was a minimum of one space per unit. He also gave some discussion on the zoning districts adjacent to the trolley stations. Chair Calvo introduced the letter from Crossroads 11 — of which all Commissioners had a copy that was e- mailed to them prior to the meeting and a hard copy placed on the dais. Livag: Why was the mobile home park on Broadway skipped over and not incorporated into the section of the Urban Core Specific Plan at the bottom? 2015 -04 -14 Agenda Packet Page 432 Planning Commission Agenda August 27, 2014 Page -5- Batchelder: spoke on the area north of the Trolley Station and explained the original intent. If the Planning Commission wished to recommend an expansion of the area, they could send that recommendation to Council for consideration. He then addressed the mobile home park issue saying that they have purposely not rezoned those areas because the zone is almost like a protective zone for mobile homes vs the zoning for "trailer parks" which are on commercial land. Nava: What is the reason the properties were deferred from the zoning in 2010? Batchelder: At the time, there were some questions late in the process, specifically that we were going to rezone R -3 areas to a zone not previously on the books. There were questions whether rezoning them would be consistent with the "Cummings Initiative" and since it was late in the process there was not sufficient time to analyze it. PUBLIC HEARING OPENED Mike Spethman, a Chula Vista resident and previous Planning Commission Commissioner, spoke in favor of the project and clarified why the residential component was originally removed from the Urban Core Specific Plan. He stated that the " anti - business /anti - development/ anti - growth group in the community who got the ear of a Councilperson — who in turn was able to get a majority vote and had the component removed. Without a residential component, there will be no development and he urged the Commission to adopt the item. Chair Calvo again referenced and brought into evidence, the letter that was received from Crossroads II — from the President and Vice President. It specified concerns and she made it known that the Commissioners had received it and been able to read it prior to the meeting. [011.34144:11 -11N 101ICI0 X93.14 C Commissioner Deliberations /Questions Livag: Agreed with Spethman that we should adopt the plan, but asked if it could amend the zoning (R3) regarding the mobile home area. Batchelder: If that's what the Commission wants to do, he suggests they make an additional motion to refer it to Council for consideration. There was further discussion between Livag and Batchelder. Vinson: Also supports the passing of this project. As Spethman said, we worked hard and it was well vetted. Time to bring it to fruition. Nava: Supports the project, but would like to 'see some of the other properties that are getting redeveloped come through the Commission i.e. like some of the smaller projects that went to the Design Review Board. Batchelder: Presently whether in or out of the Urban Core area, through the process improvement and depending on the square footage, some of it is done through administrative 2015 -04 -14 Agenda Packet Page 433 Planning Commission Agenda August 27, 2014 Page -6- design review at the staff level or comes to the Planning Commission which was combined with the Design Review Board. Michael Walker gave the Commission some information as to which projects qualify for the Administrative Staff review or the Planning Commission review. There was more discussion regarding the subject to include residential and /or commercial areas. Batchelder addressed the Crossroads II letter, specifically addressing the parking issues and the set -backs along Roosevelt Street. He wanted to be sure to address any questions the Commission had regarding anything in the fetter. There were no questions regarding anything addressed in the letter. Chair Calvo also supports the project and thinks it's definitely something that is needed, especially along Third Avenue. ACTION: Motion by Vinson; second by Livag Vote: 5 -0 -1 -1 with Nava absent and Anaya abstaining ACTION: Motion to recommend the City Council to direct staff to look at incorporating MHP and R -3 adjacent to UC12 and UC14 and to bring those areas into the Urban Core Specific Plan. Vote: 5 -0 -1 -1 with Nava absent and Anaya abstaining OTHER BUSINESS 4. DIRECTOR'S REPORT: The item originally on the docket for Sept. 101h has been delayed so there will be no meeting on that date. The next meeting will be on Sept. 24th and include an item on the Village 2 Spa Plan amendment. S. COMMISSIONERS COMMENTS: As this is his last meeting, the Commission thanked Commissioner Vinson for his service. ADJOURNMENT: At 6:46 p.m. to the next Regular Planning Commission Meeting on September 10, 2014 at 6:00 p.m. in the Council Chambers. Pat Laughlin, Secretary 2015 -04 -14 Agenda Packet Page 434 TO: Chula Vista Planning Commission August 26, 2014 FROM: David Danciu and Peter Watry President and Vice - President of Crossroads II respectively We are both too ill to appear before you at your August 27 meeting, so we ask that this letter be included as "public testimony "for Item 3, Public Hearing: PCM 14 -04. Crossroads continues to be concerned about the inadequate minimum parking requirements. In the original 2005 first -draft of the Urban Core Specific Plan, the "minimum parking requirements" for UC -10, UC -12, and UC -15 was 0.5 space per dwelling unit. That is not how many spaces per dwelling unit -- that is how many dwelling units per parking space! And the answer was TWO dwelling units for every ONE parking space. Councilman Jerry Rindone was on the MTS Board at the time and wanted to force people near the trolley to take the trolley. Crossroads and others eventually talked him out of it, so now the minimum parking requirement is one parking space per dwelling unit. But that is still unrealistic. In this very dense area between Broadway and I -5, in fact, six of the seven sectors call for I or 1.5 parking spaces per DU. The overflow will have nowhere to park, and the single- family neighborhoods are too far away to use for the overflow, as is so often the case in Chula Vista. We urge you to increase the minimum parking spaces per dwelling unit in this very dense area. A second area we would like to bring to your attention is UC -3, Roosevelt Street. That is a very narrow street, presently about half single - family houses and half multi - family units. It is very difficult now to find a parking space on the street in the middle of a work -day, much less in the evenings or weekends. Imagine it all being 5 -story multi- family in the future, and only a minimum parking requirement of 1.5 space per unit -- that's scary. In addition, the "Rear Yard Setback" of 0 -feet, means there will be very significant shadow effects on the much shorter residential units behind them on Vance Street. We would recommend a required step -back on the REAR of these buildings to ameliorate this situation. The final UCSP as it was adopted in 2007 extended the UCSP urban parking requirements to the corridors. Years later, someone wanted to build a condo project or something like that south on Broadway, maybe around I or K Street. The South Broadway Corridor is nowhere near the trolley nor near urban -dense 1 2015 -04 -14 Agenda Packet Page 435 development, so Crossroads argued that the corridors ought to reflect the normal parking requirements of the city, not the unique ones of the UCSP. The city did, indeed, change the requirement for this project to do so, thus now "Revisions to the residential parking standard in the Corridor subdistricts to be consistent with the citywide multi - family residential standard." We urge you to re- consider the minimum parking requirements of the Urban Core Specific Plan in view of reality. David Danciu Peter Watry 4 2015 -04 -14 Agenda Packet Page 436 CITY OF CHULA VISTA File #: 15 -0076, Item #: 20. City of Chula Vista Staff Report CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER- OCCUPIED PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change of ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that the payments will be received on a timely basis. This is the identical process approved by the City Council since August 1998. 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(b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION Section 13.14.150 of the Chula Vista Municipal Code allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties, and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted, or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 4 Printed on 4/9/2015 powered by LegistarT"^ Page 437 File #: 15 -0076, Item #: 20. parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once each year in August, staff is recommending assessing liens on the affected properties midyear to better ensure the City's chances for collection. If the City were to address these delinquent charges only once each year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens ensure the City's receipt of payment in a timely manner, as the delinquent charges are paid through escrow during the refinancing process. In July 2014, the City Council approved 388 delinquent accounts valued at $226,851 to be placed on property tax bills for collection. These accounts were in addition to the 188 delinquent accounts valued at $146,405 approved by the City Council for placement on the property tax bill in February 2014. Of these 576 total delinquent accounts approved by the City Council for collection via property tax billing, 297 were resolved and 279 were submitted to the County of San Diego in August 2014 for placement on the property tax bill. Since the July 2014 action, staff has identified 1,113 accounts totaling $436,117 as being over 60 days delinquent. Through preliminary collection efforts, 185 accounts have been resolved, and the remaining 928 accounts valued at $363,656 are now being submitted (listing available at the Finance Department). Collection Process These property owners have been notified of their delinquencies within the last 60 days, and two weeks ago they were notified of the public hearing and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. Delinquency Trends Rates of delinquent sewer accounts appear to be stabilizing slightly above pre- recession levels. The chart below illustrates the average number of delinquent accounts (blue line) and the average value of those accounts (red line), on a monthly basis since December 2006. Also shown are the average number of delinquent accounts included in the public hearing process (green line) and the average value of the accounts included in the public hearing process (purple line), on a monthly basis for the same period. The gap between the original delinquent accounts and the public hearing accounts reflects the efforts of Finance Department staff to resolve delinquencies prior to the public hearing City of Chula Vista 2015 -04 -14 Agenda Packet Page 2 of 4 Printed on 4/9/2015 powered by Legistar Page 438 File #: 15 -0076, Item #: 20. process. $200,000 $180,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 Aunt ©eiinguent $/Month Avg Public Hearing $/Month L,D t• t• Co CO CO 0 M M C� CD CD r r r N cV N rfi ci c`7 "%T lf3 O [] 0 0 Q 0 0 0 Q Q r r r r r r r r r r r r r r r r V L 1 i L M U L I L 1 U L V L , i L 1 6 L 1 i L Q< Q Q << i Q Q fl Q< a Q Q 0< t) Q 0 Chart 1 - Delinquent Sewer Account Trends 700 600 600 400 300 200 100 DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by protecting revenues. Implementing policies to protect/generate revenues is an objective of City Initiative 1.1.1 - "Implement Fiscal Recovery and Progress Plan." CURRENT YEAR FISCAL IMPACT Approval of the resolution supports collection of delinquent sewer service charges totaling $363,656. All expenses associated with this action are borne by the City's sewer funds; all sewer service charges collected as a result of this action will be deposited into the City's sewer funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The delinquent sewer charges will ultimately be recovered via tax bill or property lien release payments. City of Chula Vista Page 3 of 4 Printed on 4/9/2015 powered by LegistarT' 2015 -04 -14 Agenda Packet Page 439 File #: 15 -0076, Item #: 20. ATTACHMENTS None Staff Contact: Tiffany Allen, Finance Department City of Chula Vista Page 4 of 4 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 440 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after the sixty -day delinquency period has passed, with advance notice to be mailed to the affected property owners, notifying them that failure to pay the delinquent account will result in a lien upon the property bill and the amount owed will be charged to the property owner on the next regular tax bill; and WHEREAS, City staff has identified certain properties for which the sewer service charges are over sixty days delinquent; and WHEREAS, many of the property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid; and WHEREAS, the property owners have been notified of their delinquencies within the last sixty days, were notified of the time and place of the public hearing and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests presented by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent sewer service charges, as detailed in the final list of delinquent sewer service accounts presented to the City Council for this matter, as recorded liens on the affected properties; (2) has heard and overruled any and all protests or 2015 -04 -14 Agenda Packet Page 441 objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Maria Kachadoorian Deputy City Manager /CFO Approved as to form by Glen R. Googins City Attorney 2015 -04 -14 Agenda Packet Page 442 CITY OF CHULA VISTA File #: 15 -0077, Item #: 21. City of Chula Vista Staff Report CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING THE PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that collection efforts are directed toward the responsible property owner in the event of a change of ownership, staff is recommending approval of liens against affected properties as a preliminary action to placing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent solid waste service charges by reducing the amount of uncollectible losses and ensure that payment will be received on a timely basis. This is the identical process approved by the City Council on a regular basis since mid -2001. 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, Proposed Assessment of Certain Delinquent Solid Waste Service Charges and Placement of Delinquent Charges On The Next Regular Tax Bill for Collection, is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION In November 1998, the City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over 90 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 4 Printed on 4/9/2015 powered by LegistarT"^ Page 443 File #: 15 -0077, Item #: 21. on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Republic Services (formerly Allied Waste), less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once each year in August, staff is recommending assessing liens on the affected properties midyear to better ensure the City's chances for collection. If the City were to address these delinquent charges only once each year in August, the effectiveness of using the property tax bill as a means of collection would be reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens ensure the City's receipt of payment in a timely manner, as the delinquent charges are paid through escrow during the refinancing process. In July 2014, the City Council approved 961 delinquent accounts valued at $237,054 to be placed on property tax bills for collection. These accounts were in addition to the 1,171 delinquent accounts valued at $162,353 approved by the City Council for placement on the property tax bill in February 2014. Of these 2,132 total delinquent accounts approved by the City Council for collection via property tax billing, 632 were resolved and 1,500 were submitted to the County of San Diego in August 2014 for placement on the property tax bill. Since the July 2014 Council action, Republic Services has identified and submitted 3,450 delinquent accounts valued at $565,954 to the City for collection. Through the City's collection efforts, 1,874 accounts have been resolved, and the remaining 1,576 accounts valued at $337,049 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Republic Services and City staff. Collection Process These property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection. City staff sent out past due letters within the last 60 days, and two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property. City staff has been working with Republic Services to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. Delinquency Trends City of Chula Vista Page 2 of 4 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 444 File #: 15 -0077, Item #: 21. Rates of delinquent solid waste accounts turned over to the City for collection appear to be stabilizing slightly above pre- recession levels. The chart below illustrates the average number of delinquent accounts (blue line) and the average dollar value of those accounts (red line) turned over to the City for collections, on a monthly basis since December 2006. Also shown are the average number of delinquent accounts included in the public hearing process (green line) and the average dollar value of the accounts included in the public hearing process (purple line), on a monthly basis for the same period. The gap between the original delinquent accounts and the public hearing accounts reflects the efforts of Finance Department staff to resolve delinquencies prior to the public hearing process. $'120,000 $100,000 $80,000 $60,000 $40,000 $20,000 $0 Chart 1 - Delinquent Solid Waste Account Trends Aun nj:4innn, -nt'MAnnth Avn Piihlir. H¢arinn I�AAnnth 1--co CQ W M M M CF Cf m r — — CV CV N M n n �r =t It to C7 C7 C3 M O Q M C7 C7 0 r r r r —= r r r = r — — r 1,200 1 ,000 800 1300 400 200 DECISION -MAKER CONFLICT Staff has reviewed this matter and has determined that Councilmember Miesen may have a prohibited financial interest related to his financial interest in Republic Waste (as a business entity interest) because Republic Waste, in part, is a named subject of this matter within the meaning of FPPC regulations 18701(a), 18706(a), and 18705.1, and, as such, should recuse himself. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by protecting revenues. Implementing polices to protect/generate revenues is an objective of City Initiative 1.1.1. - "Implement Fiscal Recovery and Progress Plan." CURRENT YEAR FISCAL IMPACT City of Chula Vista 2015 -04 -14 Agenda Packet Page 3 of 4 Printed on 4/9/2015 powered by LegistarT"^ Page 445 File #: 15 -0077, Item #: 21. Approval of the resolution supports collection of delinquent solid waste charges totaling $337,049. Of this amount, the City is projected to realize Franchise Fee, AB939 and late charge revenues totaling approximately $53,400, with the balance of $283,649 being forwarded to Republic Services. The $53,400 to be realized by the City is already reflected in the adopted fiscal year 2014 -15 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. The delinquent solid waste charges will ultimately be recovered via tax bill or property lien release payments. ATTACHMENTS None Staff Contact: Tiffany Allen, Finance Department City of Chula Vista 2015 -04 -14 Agenda Packet Page 4 of 4 Printed on 4/9/2015 powered by LegistarT"^ Page 446 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION WHEREAS, in November 1998, the City Council amended Municipal Code Section 8.24. 180 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program the ordinance allows for delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, Section 8.24.180 requires that, once solid waste fees become more than ten days delinquent, the City's contract or franchise agent shall issue late notices to the responsible owners and occupants; and WHEREAS, the Section further requires that, if an owner or occupant is delinquent on payment of a solid waste bill for a period of 90 days, the account shall be assigned to the City for collection, which must send a "final notice of delinquency," including the amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior to setting the matter for hearing to consider a lien; and WHEREAS, the Section provides that, if a solid waste service charge is not paid within 15 days after the final notice of delinquency, the matter may be set for a public hearing, at least seven calendar days after the 15 -day period, following notification to the property owners; and WHEREAS, the account status and property ownership of these accounts have been verified by both Republic Services (formerly Allied Waste Services) and City staff, and WHEREAS, these property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection; 2015 -04 -14 Agenda Packet Page 447 WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests presented by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent solid waste service charges, as detailed in the final list presented to the City Council for its consideration of this matter, as recorded liens on the affected properties; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by Maria Kachadoorian Glen R. Googins Deputy City Manager /CFO City Attorney 2015 -04 -14 Agenda Packet Page 448 CITY OF CHULA VISTA File #: 15 -0121, Item #: 22. City of Chula Vista Staff Report CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE II RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CAPITAL IMPROVEMENT PROJECT STL400; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE II, FROM NORTH OF MADRONA STREET TO "F" STREET (CIP #STL400)" TO PALM ENGINEERING CONSTRUCTION CO., INC. IN THE AMOUNT OF $2,295,775.55; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN THE AMOUNT NOT TO EXCEED $230,000 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY On January 28, 2015, the Director of Public Works received two (2) sealed bids for the "Third Avenue Streetscape Improvement Project, Phase II, from north of Madrona Street to "F" Street in the City of Chula Vista, California (CIP #STL400)" project. The project will install pavement, colored sidewalk, raised medians, crosswalk pavers, ADA pedestrian ramps, ornamental lighting, landscaping, transit stop improvements, storm drain improvements, and other miscellaneous items of work. A minor mathematical error in the low bid requires a public hearing to waive the error and accept the bid. Additionally, an appropriation is required from the Gas Tax to adequately fund the 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 covered in previously adopted Final Environmental Impact Report for the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report -06 -01 ( "FEIR- 06 -01 "). Pursuant to the California Environmental Quality Act (CEQA) on April 26, 2007 the City, acting as Lead Agency certified FEIR - 06-01 for the UCSP. On January 25, 2011 the City, acting as Lead Agency, having found and determined that certain amendments to the UCSP, including the referenced Third Avenue Streetscape Improvements, would not result in significant unmitigated impacts and that only minor technical changes or additions to FEIR -06 -01 were necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental document had occurred, adopted an Addendum to FEIR- 06 -01. Therefore, no further CEQA actions or determinations are necessary. BOARD /COMMISSION RECOMMENDATION City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 4 Printed on 4/9/2015 powered by Legistar Page 449 File #: 15 -0121, Item #: 22. Not Applicable DISCUSSION The purpose of the project is to improve pedestrian safety and circulation, encourage outdoor dining, and use of public transit; and to enhance community gateway features. Engineering staff prepared the contract documents and advertised the project on January 2, 2015. On January 28, 2015, the Director of Public Works received two (2) bids as follows: Contractor Base Bid * Additive Alternate A Palm Engineering Construction $2,295,775.55 $2,000.00 Co., Inc. San Diego, California (corrected) $2,293,075.55 (submitted) 3 -D Enterprises, Inc. San Diego, $2549,726.00 $2,000.00 California (corrected) $2,569,726.00 (submitted) * Basis for determining the low bidder is the Base Bid, as specified in the bid documents. Base Bid: All work from north of Madrona Street to "F" Street Additive Alternate A: Furnish and Install Survey Well Monument Staff's review of the low bid by Palm Engineering Construction Co., Inc. found a mathematical error in the base bid amount. The corrected base bid amount is $2,295,775.55, which is an increase of $2,700.00 from the submitted base bid. This correction did not change the ranking order of the bids or affect the unit price of the bid items. Palm Engineering Construction Co., Inc. submitted a letter dated March 3, 2015, as shown in the Attachment 1, acknowledging their mathematical error and confirming the corrected total bid amount of $2,295,775.55. This corrected low bid is above the Engineer's estimate of $2,249,598.50 by $46,177.05 (approximately 2 %). Palm Engineering Construction Co., Inc. is a currently an active licensed Class A, General Engineering Contractor (License No. 853930) and has performed similar work in the City with satisfactory performance. In addition, Palm Engineering Construction Co., Inc. is a Chula Vista registered Contractor, and all companies associated with this contract are registered as public works contractors with the California Department of Industrial Relations. Staff recommends waiving the minor mathematical error and awarding a construction contract to Palm Engineering Construction Co., Inc. in the amount of $2,295,775.55. The proposed resolution would also authorize the Director of Public Works to approve change orders over and above existing policy limits. Under City Council Policy No. 574 -01, if an individual change order causes the cumulative increase in change orders to exceed the Director's authority, ( "Maximum Aggregate Increase in Change Orders "), City Council approval is required. The corresponding maximum aggregate contract increase that may be approved by the Director of Public Works under City of Chula Vista Page 2 of 4 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 450 File #: 15 -0121, Item #: 22. Policy No. 574 -01 is $137,788.78. Approval of the resolution would increase the Director of Public Works authority to approve change orders, as necessary, up to contingency amount of $230,000.00 (approximately 10% of contract), an increase of $92,211.22 over Policy No. 574 -01. Increasing the Director's authority will allow the project to continue without delay should unforeseen circumstances arise resulting in increased project costs during the course of construction. Wage Statement The Contractor and its subcontractors are required by bid specifications to pay prevailing wage ( "Prevailing Wage Rates ") to persons employed by them for work under this Contract. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. Disclosure Statement Attachment 2 is a copy of the Contractor's Disclosure Statement. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the properties, which are the subject of these actions. 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. Third Avenue, between "H" Street and "E" Street is designated in the City's Urban Core Specific Plan as a Smart Growth area. Smart Growth is characterized as providing a variety of transportation choices, pedestrian - friendly access, and strong links between land uses and regional transportation. Smart Growth fosters distinctive and attractive communities with strong and unique identities, drawing people to them, thereby enhancing the area's overall vitality and economic stability. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $150,000 in Gas Tax funds to STL400 for Construction Inspection and Land Surveying Staff costs. There are sufficient Gas Tax funds available for this appropriation. Sufficient Transportation Sales Tax (Smart Growth Grant), Gas Tax and Tax Allocation Bond (TAB) funds for this project were included in the Fiscal Year 2014 -15 CIP budget for STL400. The table below summarizes the project costs and the funding sources: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $2,295,775.55 B. Contingency (Approximately 10% of cont $230,000.00 C. Construction Inspection and Land Surve $360,000.00 D. Material Testing 1$26,976.45 TOTAL FUNDS REQUIRED FOR CONST $2,912,752.00 City of Chula Vista 2015 -04 -14 Agenda Packet Page 3 of 4 Printed on 4/9/2015 powered by LegistarT"^ Page 451 File #: 15 -0121, Item #: 22. ONGOING FISCAL IMPACT Assuming the existing agreement with the Third Avenue Village Association JAVA) is extended, TAVA will assume responsibility for a majority of the streetscape's maintenance. The City will maintain the street trees, roadway and roadway pavers (for line and grade only) which will require routine maintenance. If the agreement is allowed to lapse, the City will be responsible for maintenance. ATTACHMENTS 1. Contractor's Bid Correction Letter 2. Contractor's Disclosure Statement Staff Contact: Patrick C. Moneda, Senior Civil Engineer City of Chula Vista Page 4 of 4 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 452 Funding Source Smart Growth Grant (SANDAL) - Transport $1,228,478.00 Gas Tax Funds $260,207.00 TAB Bond Funds $1,274,067.00 Appropriation (Gas Tax Funds) $150,000.00 Total Funding $2,912,752.00 ONGOING FISCAL IMPACT Assuming the existing agreement with the Third Avenue Village Association JAVA) is extended, TAVA will assume responsibility for a majority of the streetscape's maintenance. The City will maintain the street trees, roadway and roadway pavers (for line and grade only) which will require routine maintenance. If the agreement is allowed to lapse, the City will be responsible for maintenance. ATTACHMENTS 1. Contractor's Bid Correction Letter 2. Contractor's Disclosure Statement Staff Contact: Patrick C. Moneda, Senior Civil Engineer City of Chula Vista Page 4 of 4 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 452 PALM ENGINEERING CONSTRUCTION COMPANY, INC. 7330 Opportunity Road, Suite 1, San Diego, CA 92111 (619) 291 -1495, fax (619) 291 -0452 March 3, 2015 City of Chula Vista Department of Public Works Engineering 276 Fourth Avenue Chula Vista, CA 91910 Re: 3rd Avenue Streetscape improvements Phase 11 To Whom It May Concern: Palm Engineering Construction Company acknowledges two mathematical errors in our bid submitted for 3rd Avenue Streetscape Improvements Phase II. Bid Item 2 should be $62,675.00 and Bid Item 146 should be $33,075.00. We acknowledge that these corrected numbers are valid through April 30, 2015. Sincerely, �1 Rasoul Shahbazi, President RS /ra 2015 -04 -14 Agenda Packet Page 453 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. TZAI -)uvL� SiliaWR z1 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity, 3. If any person* identified pursuant to (1) above is a nonprofit organization or trust, list the natnes of any person serving as director of the non - profit organization or as trustee or beneficiary or trustor of the trust. y 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. NOUL- PI A 11 Gil z, i 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__�__ 40 QARngineering\AU Projects%STLXSTL400 3rd Ave Ph t[ISpecifieationlSpeciftcation Fino -Fdoc 2015 -04 -14 Agenda Packet Page 454 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? W/ 3. Have you provided more than $39.0 (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 .X If Yes, which official ** and what was the nature of item provided? IWA Date: Signature of Contractor/Applicant PALM MCI NEW I NG CONr4 ION e LN_ K) '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, SWA, 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. 41 Q:iEngineeringWI Proj ectslSTUSTLA00 3 rd Ave Ph tilSpecificationl5peci -5 cation Final, doc 2015 -04 -14 Agenda Packet Page 455 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE GAS TAX FUND TO CAPITAL IMPROVEMENT PROJECT STL400; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT, PHASE II, FROM NORTH OF MADRONA STREET TO "F" STREET (CIP# STL- 400)" TO PALM ENGINEERING CONSTRUCTION CO., INC. IN THE AMOUNT OF $2,295,775.55; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL CHANGE ORDERS; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN THE AMOUNT NOT TO EXCEED $230,000 WHEREAS, the purpose of CIP Project STL400, "Third Avenue Streetscape Improvement Project, Phase II, from north of Madrona Street to "F" Street ", is to improve pedestrian safety and circulation, encourage outdoor dining, and use of public transit; and to enhance community gateway features; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Environmental Impact Report for the Chula Vista Urban Core Specific Plan (UCSP), Final Environmental Impact Report -06 -01 (TEIR -06 -01 "); and WHEREAS, only minor technical changes or additions to FEIR -06 -01 were necessary and no further CEQA actions or determinations are necessary; and WHEREAS, On January 28, 2015, the Director of Public Works received two (2) sealed bids for the "Third Avenue Streetscape Improvement Project, Phase II (CIP #STL400) project; and WHEREAS, the two (2) bids are as follows: 2015 -04 -14 Agenda Packet Page 456 Resolution No. 2015 - Page 2 CONTRACTOR BID $2,295,775.55 B. Contingency (Approximately 10% of Contract) $2,295,775.55 1 Palm Engineering Construction Co., Inc. - San Diego, CA corrected $2,293,075.55 as submitted $2,549,726.00 2 3 -D Enterprises, Inc. — San Diego, CA corrected $2,569,726.00 *(as submitted WHEREAS, during the review of the bid proposals, the low bid submitted by Palm Engineering Construction Co., Inc. of San Diego, CA was determined to contain a minor mathematical error that did not change the ranking order of the bids or affect the unit price of the bid items; and WHEREAS, Palm Engineering Construction Co., Inc. submitted a letter dated March 3, 2015 acknowledging their mathematical error confirming the corrected total bid amount of $2,295,775.55; this corrected bid amount is above the Engineer's estimate of $2,249,598.50 by $46,177.05 (approximately 2 %); and WHEREAS, Palm Engineering Construction Co., Inc. is currently an active licensed Class A - General Engineering Contractor (License No. 853930) and has performed similar work in the City with satisfactory performance; and WHEREAS, Palm Engineering Construction Co., Inc. is a Chula Vista registered Contractor, and all companies associated with this contract are registered as public works contractors with the California Department of Industrial Relations; and WHEREAS, insufficient funds from Smart Growth Grant (SANDAL), Prop 42 (Gas Tax) and Department of Finance Funds are available in the CIP #STL400 to complete the project; and WHEREAS, the transfer and appropriation of $150,000 in Gas Tax funds into STL400 is recommended in order to provide sufficient fund for construction costs associated with this project; and WHEREAS, a breakdown of construction costs is as follows: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $2,295,775.55 B. Contingency (Approximately 10% of Contract) $230,000.00 C. Construction Inspection and Land Surveying Staff Costs $360,000.00 2015 -04 -14 Agenda Packet Page 457 Resolution No. 2015 - Page 3 D. Material Testing $26,976.45 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,912,752.00 Funding Source Smart Growth Grant (SANDAL) — Transportation Sales Tax $1,228,478.00 Gas Tax $260,207.00 TAB Bond Funds $1,274,067.00 Appropriation (Gas Tax) $150,000.00 Total Funding $2,912,752.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby waive a minor mathematical error; accept bids; award a contract for the "Third Avenue Streetscape Improvement Project, Phase II, from north of Madrona Street to "F" Street (CIP# STL- 400)" project to Palm Engineering and Construction Co., Inc. in the form presented, with such minor modifications as may be required or approved by the City Attorney, in the amount of $2,295,775.55; and BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby appropriate $150,000 to the CIP Project category of the Gas Tax Fund for STL400 to cover for Construction Inspection and Land Surveying staff costs associated with this project; and BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby waive Council Policy 574 -01 and authorize the Director of Public Works to approve change orders, as necessary, and expend all available contingency funds in an amount not to exceed $230,000. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2015 -04 -14 Agenda Packet Page 458 ��I/j City of Chula Vista �d � ����STA Staff Report File#: 15-0130, Item#: 23. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENTIMPACTFEES ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.56 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES IN WESTERN CHULA VISTA (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY The proposed amendment to the municipal code will allow the City Council to defer development impact fees for projects within Western Chula Vista. The deferral of impacts fees can be accomplished by agreement or by projects annexing into a Community Facilities District (CFD). In a separate action, staff will propose establishing a CFD that would be available to projects located in industrial, commercial and high density residential zones located throughout Western Chula Vista and the Main Street Auto Park. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Qualiry Act (CEQA) and has determined that the activity is not a "Project° as defined under Section 15378(b)(4) and( 5) of the State CEQA Guidelines because it involves only approval of a fee deferral agreement program for developments in Western Chula Vista and not any specific development project; Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and no environmental review is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION Investment in Western Chula Vista continues to present a financing challenge for potential investors and developers. Financing challenges derive primarily from the lending industry's increased equiry requirements imposed upon infill development projects in Western Chula Vista. To help address the additional equity burden being placed on infill development in the subject area, staff proposes to allow the deferral of impact fees to incentivize future investment in this area. The proposed amendment to the Municipal Code will allow the City Council to defer development impact fees within Western Chula Vista. The deferral of impacts fees can be accomplished by agreement or by projects annexing into a Community Facilities District (CFD). Ciry of Chula Vsia Page 7 of 3 Printed on 4/102015 pewr.e��y!�yisar" File#: 15-0130, Item#: 23. Prior to the establishment of a Western Chula Vista CFD this ordinance will allow the City Council to enter into a fee deferral agreement provided the project satisfies the following conditions: 1. The property is within the boundaries of Western Chula Vista as defined by the Ordinance; and 2. A request has been filed with the Development Services Director prior to the issuance of a building permit; and 3. The request identifies in detail the reason the project requires the deferral with enough detail that staff can evaluate that the project qualifies based on its location, public benefit and need; and 4. The property owner will not oppose the formation of a Western Chula Vista CFD; and 5. Interest will accrue at a fair market rate on the outstanding balance of the fee's being deferred from the date the fees were originally due and payable;and 6. The deferral agreement will be recorded against the property; and 7. If the property is sold or transferred the outstanding balance of the fee(s) will be paid in full prior to any sale or transfer Within the next few weeks, staff will bring forward to the City Council a fee deferral agreement for the Stone Creek 97-unit apartment project located along Main Street consistent with the provisions contained within the proposed ordinance. Proposed Community Facilities District: The future action on the establishment of a CFD will also come forward in the near future. The voluntary annexing of individual project sites into the CFD for the payment of impact fees would reduce the additional equity burden by an amount equal to the fees. The CFD would also enable the developer to shift the impact fee burden from the construction/development cost side of their ledger to the operating side of the development. The CFD is not proposed to be utilized as a mechanism to issue debt but rather as a way to finance impact fees. It is not recommended that the CFD be available for more than a five year window or until a maximum number of units has been reached, whichever occurs first. It is anticipated that this limitation will provide enough time for projects currently in process and those previously approved to be constructed, sold and/or leased out. These projects will provide the comparables necessary to reduce the risk to the lending industry. Once lending standards are in accordance with other markets, the CFD financing mechanism will no longer be necessary. The establishment of a CFD will take approximately four to six months and is anticipated to be available to all multi-family, commercial and industrial zones located between Interstate 5 and the I-805, including the Palomar Gateway and Urban Core Specific Planning Areas and the Auto Park located east of I-805. The proposed terms currently being considered for projects that annex into the CFD are as follows: • City agrees to finance the Public Facilities Development Impact Fee, Parkland Acquisition and Development Fee and the Transportation Development Impact over thirry (30) years from the date of annexation into the CFD. . The deferred fees will accrue interest at two percent (2%) per annum. • No payments will be due during the first ten (10) years of annexation. City of Chula Vsia Page 2 ot 3 Pnntetl on 4n0/2075 poweretl�y Legis:ar° File#: 15-0130, Item#: 23. . Payments toward the deferred fee will be due following the tenth (10"') anniversary of the date of annexation and continue until the fees have been paid in full by 30'" year. Projects that annex into the CFD will still be required to mitigate the direct impacts associated with development (i.e. sidewalks, curb, gutter, sewer and water). Over the next several months staff wili work with our community partners and outside legal counsel on the development of the CFD provisions. We have heard from some of our partners that the proposed provisions may negatively impact homeowners (e.g. condominiums, townhomes) so we will take the next few months to work through some of these issues. Staff will return to the City Council in the late summer/early fall with a formal presentation on the final terms and conditions of the proposed CFD. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no properry 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, Health Community, Strong and Secure Neighborhoods and a Connected Community. The deferral agreement furthers the Economic Vitality initiative 2.1.2 to "foster opportunities for investment in Western Chula Vista" by removing impediments for development projects in the subject area, accelerating the completion of planned and future developments. CURRENT YEAR FISCAL IMPACT There is no fiscal impact in the current fiscal year. Fiscal impacts of fee deferrals will be analyzed in conjunction with future fee deferral agreements and annexations into the proposed CFD. ONGOING FISCAL IMPACT Fiscal impacts of fee deferrals will be analyzed in conjunction with future fee deferral agreements and annexations into the proposed CFD. ATTACHMENTS 1. Proposed changes adding section 3.56 to the Chula Vista Municipal Code. Staff Contact: Eric Crockett, Economic Development Department Kelly Broughton, Development Services Department City of Chula Vsia Page 3 of 3 Printed on 4/102015 pavaea oy!-rir.aP" ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 3.56 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES IN WESTERN CHULA VISTA WHEREAS, the Chula Vista Municipal Code establishes certain development impact fees that apply to development projects in the western portion of the City; and WHEREAS, payment of these development impact fees at the time of permit issuance or occupancy has been found, in the absence of the redevelopment agency, to create an impediment to needed development in the western portion of the City; and WHEREAS, in order to encourage needed development in the western portion of the City while also requiring payment of impact fees, the City Council desires to allow for the deferral of the payment of impact fees, subject to the terms and conditions of this ordinance. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 3.56 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 3.56 Development Impact Fees In Western Chula Vista Sections: 3.56.010 Generallntent 3.56.020 Definitions 3.56.030 Requirements for Fee Deferral 3.56.040 Contents of Development Fee Deferral Agreement 3.56.050 Western Chula Vista Development Impact Fee Financing Community Facilities District 3.56.010 Generallntent The City Council has determined that new development and redevelopment in Western Chula Vista, as defined herein, is an essential element to the overall growth and prosperity of the City, and is beneficial to the health, safety and welfare of its residents. In the absence of a state-authorized redevelopment 60297.00044\96346332 -�- program or a community facilities district, which would assist in such development, certain projects that may have otherwise been developed and that would have provided significant benefit to the City may not currently be financially teasible, due to the upfront costs related to development impact fees. To encourage such development, the City Council believes it is imperative to allow for the deferral of certain development impact fees for those projects that it finds: (a) will provide a significant public benefit; and (b) would be infeasible absent . such a deferral. This chapter is intended to set forth the requirements under which such a deferral may be granted. This chapter is also intended to provide a framework for the possible creation, in the City Council's sole discretion and if deemed appropriate by the City Council in the future, of a Western Chula Vista Development Impact Fee Financing Community Facilities District. 3.56.020 Definitions For the purposes of this chapter, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Developer" means the person applying for the development permit for the development project. B. "Development fee deferral agreemenY' means an agreement between the City, the developer, and the property owner, if different than the developer, which obligates the developer and properry owner, if different than the developer, to pay the development impact fees applicable to the development project. C. "Development impact fee" means the Public Facilities Development Impact Fee, the Western Transportation Development Impact Fee or the Park Development Fee, as established by chapters 3.50, 3.55 and 17.10 of the Chula Vista Municipal Code. D. "Development permiY' means any discretionary permit, entitlement, or approval for a development project issued under any zoning or subdivision ordinance of the City. E. "Development project" or "developmenY' means any of the activities described below that occur within western Chula Vista: 1. Any new residential dwelling unit; 2. Any new commercial/office or industrial development; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (E)(1) and (2) of this section, if the result is a net increase in dwelling units; 4. Any new or expanding special land use project; 60297.00044\9634633.2 -2- 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units; and 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. F. "Property owner" means the owner of the fee title to the land on which the development project is developed. G. "Special land use" means any nonresidential, noncommercial/office on nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. H. "Special purpose project" means any for-profit community purpose facility (e.g., day care). I. "Western Chula Vista" means the area of the City of Chula Vista located between Interstate 5 on the west, Interstate 805 on the east, the City boundary on the north and the City boundary on the south. 3.56.030 Requirements for Fee Deferral For development projects located in western Chula Vista that are required to pay a development impact fee, the developer, and property owner, if different than the developer, may receive a deferral of the payment of those fees if the following conditions are satisfied: � A. The developer submits an application for a deferral of the develogment impact fee(s) to the Development Services Director prior to issuance of any ' building permit for the development project. B. The application for the fee deferral shall state in detail the factual basis for the deferral sufficient to allow the City to evaluate the application to determine if the project qualifies for deferral based on its location, public benefit and need. C. Based on the evidence presented in the application for deferral and any additional evidence provided at the hearing on the deferral, the City Council makes the findings identified in Section 3.56.010 and, in its sole discretion, approves the deferral. D. Concurrently with the approval of the deferral, the City Council approves a development fee deferral agreement consistent with the requirements of Section 3.56.040 below. E. The developer and property owner executes a development fee deferral agreement, the form and content of which is approved by the City Attorney. 60297.00044\96346332 -3- 3.56.040 Contents of Development Fee Deferral Agreement The development fee deferral agreement shall, at a minimum, contain the following provisions: � A. The developer or property owner, as applicable, shall not oppose the formation of the Western Chula Vista Development Impact Fee Financing Community Facilities District. B. Interest shall accrue on the outstanding balance of the fee(s) from the date the fees would have othenvise been due and payable at a fair market rate as determined by the City Council at the time of approval of the development fee deferral agreement. C. The development fee deferral agreement shall be recorded against the property to be developed and shall be enforceable as a lien on the property. D. The outstanding balance of the fee(s) shall be paid in full prior to any transfer, including sale or devise, of the development and associated entitlements to another parry or entity. E. Such other provisions as may be approved or required by the City Manager and the City Attorney, as necessary to secure performance from the developer and property owner. 3.56.050 Western Chula Vista Development Impact Fee Financing Community Facilities District ("CFD") If the City Council in the future establishes a CFD to help developers finance development impact fees in western Chula Vista, a developer who has previously entered into a development fee deferral agreement may annex into that CFD at its election and subject to the terms and conditions of the CFD. Section II. Severability If any portion of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the ordinance, or its application to any other person or circumstance; provided, however, that if the invalid, unenforceable or unconstitutional portion cannot be severed from the remaining portions of the ordinance without defeating the general intent of the ordinance, the remaining portions shall not apply. 60297.00044\96346332 -4- Section III. Construction The City Council of the City of Chula Vista intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted according to law. Eric Crockett Glen R. Googins Interim Director City Attorney Economic Development , 60297.00044\96346332 -5- CITY OF CHULA VISTA File #: 15 -0105, Item #: 24. City of Chula Vista Staff Report CONSIDERATION OF APPROVING THE PROPOSED CONTRACTS FOR PROFESSIONAL CONSULTING SERVICES RELATED TO CONTINUED PLANNING AND IMPLEMENTATION OF THE UNIVERSITY AND INNOVATION DISTRICT A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS, APPROVING A TWO -PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND U3 ADVISORS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF THE CHULA VISTA UNIVERSITY PARTNERSHIP AND ASSISTANCE IN THE UNIVERSITY RECRUITMENT PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS, APPROVING A TWO -PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AYERS SAINT GROSS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF DEVELOPMENT OF VISION DOCUMENTS DISTRICT, AND AUTHORIZING THE MAYOR RECOMMENDED ACTION Council adopt the resolutions. SUMMARY A SECTIONAL PLANNING AREA PLAN AND FOR THE UNIVERSITY AND INNOVATION TO EXECUTE SAID AGREEMENT In December 2014 the City completed its acquisition of approximately 375 acres of land for the University and Innovation District (UID). City staff is currently working on several activities that are foundational to the planning and development of the UID, including a Sectional Planning Area (SPA) Plan and an Environmental Impact Report (EIR). This item requests City Council approval of a two - party contract between the City and U3 Advisors to provide consulting services for the establishment of the Chula Vista University Partnership, a non - profit entity facilitating the development of the UID, and assistance in the University recruitment process. Additionally, this item also requests City Council approval of a two -party agreement between the City and Ayers Saint Gross (ASG) to assist in the preparation of the UIP SPA Plan and the development of vision documents to aid in recruitment efforts. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed contract approvals for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 6 Printed on 4/9/2015 powered by Legistar Page 460 File #: 15 -0105, Item #: 24. environmental review of contract approval is required. BOARD /COMMISSION RECOMMENDATION N/A DISCUSSION Background Chula Vista University Partnership Establishment and Recruitment Process (U3 Advisors) While the City holds the land for the UID, establishment of a body to oversee recruitment and development of the UID has become timely. U3 Advisors will assist the City in establishing the Chula Vista University Partnership (CVUP), a new non- profit entity that will be responsible for: Facilitating the development of the University Campus and ensuring implementation of the University Development Goals; Preparing a comprehensive plan for founding or attracting institutions of higher education; Seeking and attracting potential projects for the University Campus; Recommending revisions to the University Recruitment Guiding Principles and the University Development Goals; Evaluating proposed projects to determine whether such project meet the University Development Goals; and Seeking philanthropic capital to help fund university development. In addition to the establishment of CVUP, U3 Advisors will prepare a 3 -year budget for CVUP, participate in the ongoing planning and review of the draft SPA Plan, provide pre- recruitment research and support, research and explore UID funding opportunities and work with the City to develop the CVUP board. Assistance with Section Planning Area Plan and Vision Documents (ASG) In 2014, the City initiated work on the UID SPA Plan by entering into a contract with William Hezmalhalch Architects (WHA) to prepare the SPA Plan. While WHA has served as the primary author and completed a first draft document, it became clear that additional consulting services were necessary to supplement their work. Additional work with regards to programming assumptions, regulating plans that detail street hierarchies and frameworks for a variety of types of universities (i.e. single entity, multi - institutional, mixed -use district, etc.) and exploration of additional residential opportunities for the UID is necessary. In conjunction with the SPA work that is ongoing, City staff also wanted to have vision documents created that would position the City's UID as a new unique opportunity for prospective academic and industry partners. These documents would all combine to tell "the story" of the UID and would include 2D and 3D diagrams, illustrative drawings and graphics for use in brochures and on the internet. These documents would supplement the recruitment work being proposed for U3 Advisors. Waiver of Consultant Services Selection Process With acquisition of land for the UID being recently completed, completion of work on the SPA Plan, the establishment of CVUP and beginning the recruitment process is timely. However, the City does not employ staff with all of the level of expertise to complete these documents and processes. As such, staff is proposing that the City enter into agreements with consultants to complete these work efforts. While considering consultants who might be most qualified to serve in this capacity, City staff has come to the conclusion that U3 Advisors and Ayers Saint Gross are uniquely qualified to fill these roles due to the following facts: City of Chula Vista Page 2 of 6 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 461 File #: 15 -0105, Item #: 24. • U3 Advisors is an establish ed universit y recruitm ent firm with a national reputatio n for matching potential higher educatio provider s with higher educatio n destinati ons and locations especiall y with regards to universiti es partnere d with innovatio n districts. U3 has participated in the Master Development Agreement negotiations and the SPA Planning efforts for the adjacent Village 9 which has given them unique in -depth knowledge of the UID and surrounding projects. ASG are recognized experts in the highly specialized and technical field of university design and development with university projects worldwide. ASG has been working on the UID project since 2012 and as such has acquired in -depth knowledge of the UID and surrounding projects through past work on the site. U3 and ASGs comprehensive familiarity with the UID project, coupled with their knowledge of the surrounding developments, makes them uniquely qualified to serve as the consultants for these projects. Pursuant to Chula Vista Municipal Code Section 2.56.070, staff is recommending that the Council waive the formal bidding process and hire U3 and ASG as a sole source. Scope of Work City of Chula Vista Page 3 of 6 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 462 File #: 15 -0105, Item #: 24. Chula Vista University Partnership Establishment and Recruitment Process (U3 Advisors) U3 will provide guidance and direction in the recruitment process and establishment of the CVUP through the proposed two -party agreement. The responsibilities of U3 Advisors include the following: • Hire a full - time Project Manag erfor the develo pment of the CVUP. Develop a 3 -year budget for the CVUP. Develop the Recruitment Strategies for the UID for City Council approval. Provide a Pre - Recruitment Research Report including a Short -List of University "Targets." Develop Marketing Package for Institutional Visits and Provide Institutional Exploration Report with Recommendations. Develop Funding Opportunity Report and Funder Exploration Final Report and Recommendations. Provide CVUP Board Exploration and Candidate Recommendations Report. Assistance with Section Planning Area Plan and Vision Documents (ASG) ASG will function as a Consultant to the City of Chula Vista under the proposed two -party agreement. The responsibilities of the Consultant will include the following: City of Chula Vista 2015 -04 -14 Agenda Packet Page 4 of 6 Printed on 4/9/2015 powered by LegistarT"^ Page 463 File #: 15 -0105, Item #: 24. • Lead and provide materials for up to 5 worksho ps with the City and its stakehol ders to provide solutions to key issues. Prepare a refined program analysis. Review and comment on up to three draft SPA Plans. Create a refined set of regulating plans that define key building relationships, build -to lines, building heights, etc. Quantify and characterize the amount of residential development in the UID. Create 2D and 3D analytical info - graphic diagrams and design guideline graphics for the UID SPA. Create illustrative drawings and diagrams depicting various aspects of Phase 1 and buildout of the UID. Collaborate with the City and its stakeholders to identify goals and create a marketing narrative outlining the UID vision and demonstrating that the site is a great location for a next- generation university. Create graphics collateral (brochures, web content, etc.). Contract Costs and Payment Chula Vista University Partnership Establishment and Recruitment Process (U3 Advisors) The total cost of the contract for consulting services with U3 Advisors is $488,000. Assistance with Section Planning Area Plan and Vision Documents (ASG) The total cost of the contract for consulting services with ASG is $225,900, with an additional 25% contingency ($56,475) for additional services to cover unforeseen issues that may arise during the preparation of the SPA Plan, and if determined to be necessary solely by the Development Services Director. The contract also includes up to $17,000 in reimbursable costs for travel and printing if necessary, for a total compensation maximum of $299,375. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property, which is subject to this action. Staff is not independently aware, nor has staff 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. Planning and implementation of the UID is a key initiative City of Chula Vista Page 5 of 6 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 464 File #: 15 -0105, Item #: 24. under the City's goals for Economic Vitality. CURRENT YEAR FISCAL IMPACT Approval of these agreements will not result in current year fiscal impacts to the General Fund. The consultants will be compensated from an established deposit account containing funds from Otay Land Company's Land Offer Agreement. ONGOING FISCAL IMPACT Approval of these agreements will not result in on -going fiscal impacts to the General Fund. The consultants will be compensated from an established deposit account containing funds from the Otay Land Company's Land Offer Agreement. ATTACHMENTS 1. Two -Party Agreement between the City of Chula Vista and U3 Advisors 2. Two -Party Agreement between the City of Chula Vista and Ayers Saint Gross City of Chula Vista Page 6 of 6 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 465 !,5-010,9 A 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 mw� �- i� City Attorney Dated: / AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND U3 ADVISORS FOR THE UNIVERSITY INNOVATION DISTRICT (UID) RECRUITMENT 2015 -04 -14 Agenda Packet Page 466 Tivo -Party Agreement Bet",een the Cih of Chula Vista And U3 Advisors, Consultant For Consulting Work to be rendered For the University Innovation District (UID) Recruitment This agreement (Agreement), dated 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 is in the process of preparing a University Innovation District (UID) Sectional Planning Area (SPA) Plan for the 375 acres of land recently acquired by the Cite for purposes of creating the UID; and WHEREAS, the City believes that specialized consultant services are necessary and appropriate to assist with the recruitment and development of the Chula Vista University Partnership (CVUP), a non -profit entity facilitating the development of the UID; and WHEREAS, the City believes that Consultant should be engaged for this purpose based on Consultants extensive and unique expertise in this area; and WHEREAS, the City has evaluated Consultants credentials and agree to engage Consultant as set forth herein; and 'W'HEREAS, the Consultant has indicated that it is willing and able to perform the consultant services desired on the terms and conditions set forth in this Agreement; and WHEREAS, pursuant to Chula Vista Municipal Code Section 2. 6.070 and the above facts. Consultant is uniquely qualified to serve as the Consultant for this project and staff is recommending that the formal bidding process be waived and retain Consultant. and WHEREAS, the Consultant represents that it is experienced and staffed in a manner such that it can prepare and deliver the services required of Consultant to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement, and that time is of the essence. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 1 Two Page• 4greement Berween the Gn• of Chula 1•151a and U3 Adrisors jor Unirershy Innoration Districl (UID) Recruitment 2015 -04 -14 Agenda Packet Page 467 C1Usexs} ShceeK% AMD =aURo=mng�L5kTemjMf4aee8b5aa8 s92d989 >c5+75fa1dSf6.doc 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 L 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 IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly warrants that the work to be performed pursuant to this Agreement. whether Defined Services or Additional Services, shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 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 Part), Agreement Between the 00- of Chula Nista and U3 Advlsors for Unireni{P Innovation District (UID) Recruitment 2015 -04 -1 ' P Pa}cNppD..a Ro vninp1L51Temp18faaee8b- 5aa8492d- 9895- c5375faId8fr.doc Page 468 rs ieree B. Application of La,.,;,s. Should a federal or state law pre -empt a local lacy. 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 anv 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 notiA, Citv immediately in wn'ting. 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. 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 General. Consultant must procure and maintain. during the period of performance of this Agreement, and for ten (10) years following project 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 Liabilitv coverage (occurrence Form CGOOO I). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liabilitv, Code 1 (any auto). v c. TiIC. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. d. E &O. Professional Liabilitv 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 PaTrr Agreement Between the Ch), of Chula Irish and O Advisors for Unirersirr Innovation District (UID) Recruitment 2015 -04 -14 Aggenda Packet Page 469 C:`IIsm%shert, EK' AppD=\ Ro= ing1L 5kTemplSf4aee8b5aa8- 192d- 9895 -c5315faId8ffi.doc i. General Liability: $1,000.000 per occurrence for bodily injury, personal injury, (Including (including death), and property damage. If Commercial General operations, Liability insurance with a general aggregate limit is used, either products and the general aggregate limit must apply separately to this completed Project/location or the general aggregate limit must be twice the operations, as required occurrence limit. applicable) ii. Automobile $1,000,000 per accident for bodily injury, including death. and Liability: property damage. iii. Workers' Statutory Compensation $1,000,000 each accident Employer's $1.000,000 disease - policy limit Liability: $1.000.000 disease -each employee iv. Professional $1.000,000 each occurrence or claim; $2,000.000 aggregate Liability or Errors & Omissions Liability: 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 (1 1185) or its equivalent. Specifically, the endorsement must not exclude Products /Completed Operations coverage. Page 4 Two Par-0- Agreement Between the Cin• of Chula Nina and U.i Advisors far Unirersio, lrrtrovation Di- ctriet (UID) Recruitment 2015 -04 -14 n%Pa�cK, � i�iC5lTemp18f4aee81r5aa8 -792d -9895 c5375faId8ffi.doc Page 470 b. Priman, 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. d. Kaiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against the City. 6. Claims Forms. If General Liability. Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims -made form: a. Retro Date. The " Retro Date" must be shown, and must be before the date of the Agreement or the beginning of the work required by the Agreement. b. Alaintenance 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 }rears 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. Acceptabilivy of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements Page 5 Two Part►• Agreement Between the 0tp of Chula I ista and U3 Adrisorsfor Unirersiti, Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 471 C.%Users'SberocKWpDaraVR=ni2sU�Temp'Sf4aee8b-5aa &4926-9895 -c53i5faldgf6dm 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. 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 : / /wvA ,",.fms.treas.gov /c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the Agreement, and which 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 Page 6 Two Par{)- Agreement Between the Cite• of Chula Vista and U3.4 dvisors for Unin ersiq- Innovation Distrief (UID) Recruitment 2015-04-14 Mn Pa et pDaalR.ingU\ Temp%8f4aee8kr5aa8 492d- 9895 -c5375faldgfkdoc Page 472 (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 Citv Attomey. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply �yith Title 7 of the Chula Vista Municipal Code. ARTICLE 11. CITY OBLIGATION'S A. Consultation and Cooperation. Cite shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities. files and records, as deemed necessary and appropriate by the City. throughout the term of this Agreement. In addition. City agrees to provide the materials identified at Exhibit A. Paragraph 9. with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant. submitted to the City as indicated in Exhibit A. Paragraph 17. but in no event more frequently than monthly, on the day of the period indicated in Exhibit A. Paragraph 17. City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A. Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A. and shall compensate Consultant for out of pocket expenses as provided in Exhibit A; Paragraph 11. 2. Supporting Information. Any billing submitted by Consultant shall contain sufficient information as to the propriety of the billing. including properly executed payrolls. time records, invoices. contracts. or vouchers describing in detail the nature of the charges to the Project in order to permit the City to evaluate that the amount due and payable is proper, and such billing shall specifically contain the City's account number indicated on Exhibit A. Paragraph 17(C) to be charged upon making such payment. 3. Exclusions. In determining the amount of the compensation City will exclude any cost: 1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to the errors. omissions_. negligence or acts of Nyillful 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 Page 7 Two Pany Agreement Between the On, of Chula Lista and U3.4drisorsfor Universin• lnnoration District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 473 C.lUsm ShffmKV,ppDam) Roaming )L5kTemp1Sf4ace8MSaa849?d- 9995- c; °,75faid8f6 doe i resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a 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 I. 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 Page 8 Two Parts' Agreement Between the 00, of Chula Vista and U.? AthIsors for University Innovation District (UID) Recruitment 2015 -04 -14 , ftLa C VippDat. lR ,,.i.p1L51Temp%f4aeeSb-5aa8493d- 9695 -c5375faId8f(i.doc Page 474 determined that Consultant does not, to the best of Consultant's knowledge. have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 5. 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, w- hatsoever 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 Paee 9 Two Parry Agreement Between the Ch), of Chula [ 7sta and U3 Advisors for University Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 475 C:%Usus'ShermK%AppD=a Roami2€'i5Uemp%8f4a=gb�5aag492d- 9895 -c53 7 5fa l dS%.dce from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 2. Amount of Penalty. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the .following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 (Liquidated Damages Rate). 3. Request for Extension of Time. If the performance of any act required of Consultant is directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual 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. 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. Page 10 Two Page, Agreement Between rite Chy of Chula ! rsla and U3 Adrisars for University Innovation Distriel (UID) Recruitment 2015 -04 -14 ns�SfiePree lAppData\ Roaming1L51Temp18f4aeeSb- 5aag -492d- 9895 -c5375fal<1816.doe Page 476 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.l. and A.2.. Consultant shall pay and satisA, any judgment, aNvard 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 wav 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 w itten notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event. all finished or unfinished documents. data. studies. surveys. drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation. in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach. for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination. B. Termination of Agreement for Convenience of City. Cite 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. Page I 1 Two PaM Agreement Between the 0tv of Chula Nsta and U3 Advisors for Universin• Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 477 C:`Usai'Shereef l AMDamaRoaming1 L51TmoSf4aec8b-5aa849?d- 9895 <5'75faidgfb.doc 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. 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 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. Page 12 Two Part,, Agreement Between the Cin' of Chula Ova and U_i Advisors for Unirersh), Innovation District (UID) Recruitment 2011-04-14A . Fen, a,, ppD. t. lRoamingU \Temp18f4aee8i}SaaB -992d- 9895 c5?75f<31d81Y,doc Page 478 sers eree 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 anv 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 anv 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 speciA, in writing. Consultant shall have no authority_ express or implied, to act on behalf of City in any capacity whatsoever, as an anent 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 partm including its agents. employees, subcontractors, or other person or entity that is not a party to this Agreement. NTot«rithstandina that Citv may have concurred in or approved any solicitation, subagreement. or third part 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 134 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 Page 13 Two PaM Agreement Berween the Ch)- of Chula Vista and U3.4 drisors for Unirersin' Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 479 C:1ilsera`She[e K'AppL)=\R=i gd3kT® p` Sf4aee8b-iaiS A92d-9895c5575faYdgfb.doc 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. G. Statement of Costs. In the event that Consultant prepares a report or document; or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. H. Consultant is Real Estate Broker and /or Salesman. If the box on Exhibit A, Paragraph 15 is marked, the Consultant and /or its principals is/are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant. nor its principals are licensed real estate brokers or salespersons. 1. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified. with return receipt requested. at the addresses identified in this Agreement as the places of business for each of the designated parties. Integration. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any\provision of it may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all necessary resolutions or other actions have been taken so as to enable it to enter into this Agreement. L. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Page 14 Two Part4• Agreement Between the Cit4• of Chula Ova and U3 Adrisor. for Universio, Innoralion Districr (UID) Recruitment 2015- 04- 1C.`[J3e,s* �a eta. �R.in$U.51Temp%f4aee8b- 5aag -492d- 9895 -c5375faldgfo.dm Page 480 Signature Page to Agreement between City: of Chula Vista and U3 Advisors, Consultant For Consulting Work to be rendered For the University Innovation District (UID) Recruitment L\1 WITNESS WHEREOF. Cite and Consultant have executed this Agreement. indicating that they have read and understood same, and indicate their full and complete consent to its terms: Citv of Chula Vista Attest: Donna Norris. Citv Clerk Approved as to form: Glen R. Googins, City Attorney US a Exhibit List to Agreement: Exhibit A 1: VAnome %wichaelShlUniversil }iAPt U3- 2PanyAgrmnt-43.15- FINALAm Mary Casillas. Salas. Mayor U3 Advisors. Incorporated Omar Blaik, Co -Chief Executive Officer (CEO). U3 Advisors* * Consultant to provide signature authority for signatory. Paae 15 Two Parr!, Agreement Between the Cin' of Chula i ista and U3 Adrisors for University Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 481 C: lUsas' ShffmKkAppDWaVtoamin ?W3XTanpl8faaee8h5aa8 -t92d- 9895 -c5 ?75fa1 d8fh.doc Exhibit A to Agreement between City of Chula Vista and U3 Advisors, Consultant For Consulting Work to be rendered For the University Innovation District (UID) Recruitment 1, Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of the effective date stated on page I of the Agreement. 2. City - Related Entity: (X) City of Chula Vista; a municipal chartered corporation of the State of California ( ) Other: 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: U3 Advisors, Incorporated 5. Business Form of Consultant: ( ) Sole Proprietorship O Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 30 S. I5th Street, I5th Floor Philadelphia, PA 19102 (610) 316 -0648 Attn: Omar Blaik. Co -CEO (215) 279 -8385 N- AAv.u3advisors.com 7. General Duties: a [insert business form] Assist the City in the creation of the Chula Vista University Partnership (CVUP); guide the City and the CVUP in the marketing, fundraising and recruitment for the development of the 375 -acre University and Innovation District. Page 16 Two Parer Agreement Between the CW of Chula 1 11cta and U3 Advisors far Univercin' Innovation District (UID) Recruitment 2015- 04 -1�: ey* PA p��aUtoaming1L51Temp18faaee8b5aa8 492d- 9895t5375r8Id8fb,doe Page 482 8. Scope of Work and Schedule: The scope of work under this contract entails a focused work effort in the following different areas to be completed between Mav and December 2015: 1. Hire full -time Project Manager for the development of the Chula Vista University Partnership (CVUP). 2. Develop a 3 -gear budget for the CVUP. 3. Develop the Recruitment Strategies for University Innovation District (UID) for City Council Approval. 4. Provide a Pre - Recruitment Research Report including a Short-List of University .:Targets. 5. Develop Marketing Package for Institutional Visits and Provide Institutional Exploration Report with Recommendations. 6. Funding Opportunity Report and Funder Exploration Final Report and Recommendations. 7. CVUP Board Exploration and Candidate Recommendations Report. A. Detailed Scope of Work: 1. Hire full -time Project Manager for the development of the Chula Vista University Partnership (CVUP). Consultant will hire a Chula Vista based project manager no later than 75 days after contract execution. The Chula Vista based Project Manager will be assisted by Consulting Project Manager Alex Feldman and Consulting Principal Omar Blaik who will be in charge of the project. 2. Develop a 3 -gear budget for the CVUP. Consultant will assist City in the development of the bylaws. articles and other documents necessary to create the CVUP non - profit university recruitment corporation and develop a 3 -year budget needed to support the CVUP within 3 months of the contract execution. 3. Develop the Recruitment Strategies for University Innovation District (UID) for Cityf Council Approval. Consultant will prepare and refine recruitment guiding principles through collaboration with the City. and their consultants such as Avers Saint Gross (ASG) and William Hezmalhalch Architects (NN,-HA) who are in the process of preparing the UID SPA Plan. In addition. the consultant will solicit feedback from City Councilmembers and Civic Leaders. The City Council will approve the recruitment guiding principles. which will provide the recruitment strategy for CVUP. 4. Provide a Pre - Recruitment Research Report including a Short-List of University " Targets." Consultant shall meet with respected higher education leaders and administrators for interviews and discussions regarding trends in higher education. Page 17 Two Pam' Agreement Bemwen the City of Chula Fula and U3 Advisors for Universiq Innovation District {UID} Recruitment 2015 -04 -14 Agenda Packet Page 483 C NUsers` ShemeKkAppDamIRoamine l-5lTemVSf4aee8b-5aa8a92d- 9895 -c5375fai d8f6.doc Consultant will also research and develop a "scan" of Mexican Universities to better understand higher education markets and potential connections. These efforts will result in the development of a short-list of approximately 5 — 10 public /private institutional targets and a Pre - recruitment Research Report. 5. Develop Marketing Package for Institutional_ Visits and Provide Institutional Exploration Report with Recommendations. Consultant shall develop metrics for assessing short-list institutions resulting in a marketing package for recruitment visits. Consultant will organize and conduct site visits for potential partner institutions, including members of City staff to understand institutional priorities, current campus and facilities, and gauge early interest in partnership. An Institutional Exploration Report with Recommendations will be provided to highlight potential institutional partners and next steps for recruitment. 6. Funding Opportunity Report and Funder Exploration Final Report- and Recommendations. Consultant shall develop a Funding Opportunity Report assessing and sizing the project funding needs, identifying potential sources of philanthropic funding (Kresge, Gates, Rockefeller, Ford, etc). In addition, Consultant shall identify potential sources of public funding from local, state and federal government sources. The Funding Opportunity Report will be supplemented by a Final Report based on the development of metrics for a short-list of funders, based on site visits, conversations. and follow -up meetings with short-list of potential funding partners. The Funder Exploration Final Report and Recommendations will identify, public and private funding opportunities for the UID project and next steps. 7. CVUP Board Exploration and Candidate Recommendations Report. Consultant shall work with the City to develop a short-list of potential CVUP Board candidates. Consultant will provide metrics for assessing board candidates, schedule, participate, and follow -up visit potential board candidates with members of the City. This effort will culminate in the provision of a CVUP Board Candidate Recommendations Report for presentation to the City Council. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Page 18 Two Party Agreement Between the Ch)- of luila Vista and U3 Advisors for UniversitP Innovation District (UID) Recruitment 2015 -04 -1 eiP RefAl&e pDara lRomningU.5lTern ;)%f4aeegb-5aa - 492d- 9995c5375faldgfb.doc Page 484 Deliverable No. 1: Hire full -time Project Manager for the development of the Chula Vista University Partnership (CVUP). Deliverable Date: July 15. 2015 Deliverable No. 2: Develop a 3 -year budget for the CVUP. Deliverable Date: August 1. 2015. Deliverable No. 3: Develop the Recruitment Strategies for University Innovation District (UID) for Cite Council Approval. Deliverable Date: September 1, 2015. Deliverable No. 4: Provide a Pre - Recruitment Research Report including a Short -List of Universitv ` Tarsets." Deliverable Date: October 1. 2015. Deliverable No. 5: Develop Marketing Package for Institutional Visits and Provide Institutional Exploration Report with Recommendations. Deliverable Date: November J. 2015. Deliverable No. 6: Funding Opportunity Report and Funder Exploration Final Report and Recommendations. Deliverable Date: November 1. 2015. Deliverable No. 7: CVUP Board Exploration and Candidate Recommendations Report. Deliverable Date: December 1. 2015. D. Date for completion of all Consultant services: Approximately seven (7) months from commencement of Consultant Services. 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: Milestone or Event or Deliverable Amount or Percent of Fixed Fee O 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 Page 19 Two Pare, Agreement Between the Citr of Chula bista and U3 A dvisors jar Universit<• Innovation District {UID} Recruitment 2015 -04 -14 Agenda Packet Page 485 C: 1Uscs`ShereelClAppD=\RoaminiiUS Temp) Sf4aee8b •5aaW92d- 9895•c5375iald8f6.doc 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 separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase. unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ O 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 \:citing 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. (X) Hourly Rate Arrangement Page 20 Two Part - Agreement Between the Ory of Chula 1 tsta and U3 Advisors for University, Innovation District (UID) Recruitment 2015 -04 -1 .\ en6Tieree�j D..\ Roami ngU-51T.p18faaeegb- 5aa8 -19?d- 9895 -c5i15faId8(Y.doc Page 486 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: Omar Blaik, Co -CEO 5475.00 Alex Feldman, Project Manager S275.00 Shea O -Neill S150.00 Research Analvst $111.47 Local Hire (TBD) Sl 10.00 (1) (X)Not -to- Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount. Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $488,000. including all Materials, and other "reimbursables' (Maximum Compensation). Y (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to S (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 belo« : (X)None, the compensation includes all costs. Page 21 Two Parr Agreemenl Betx•een the Gtr offhula Vista and U3 Adrisors for University Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 487 C:1Useis'ShermK: AMDataURoaming' kL5% TcmVZ f4aee8b-5aa8 492d- 9895c5375faid8f6.doc Cost or Rate () Reports. not to exceed S S {) Copies. not to exceed S S () Travel, not to exceed S S () Printing, not to exceed S S O Postage, not to exceed S S () Delivery_ not to exceed S S O Outside Services: S Page 21 Two Parr Agreemenl Betx•een the Gtr offhula Vista and U3 Adrisors for University Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 487 C:1Useis'ShermK: AMDataURoaming' kL5% TcmVZ f4aee8b-5aa8 492d- 9895c5375faid8f6.doc (} Other Actual Identifiable Direct Costs: $ not to exceed $ $ not to exceed $ $ 12. Contract Administrators: City: Scott D. Donaghe, Principal Planner Public Services Building C 276 Fourth Avenue Chula Vista, CA 91910 (619) 476 -5341 Consultant: Omar Blaik_ Co -CEO U3 Advisors, Incorporated 30 S. 15th Street, 15th Floor Philadelphia, PA 19102 (215) 279 -8385 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. ( ) FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. O Category No. 3. Investments, business positions, interests in real property; and sources of income subject to the regulatory, permit or licensing authority of the department administering this Agreement. O Category No. 4. Investments and business positions in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. Page 22 Two Part, Agreement Between the Citr of Chula Irsta and U3 A dvisors for University Innovation District (UID) Recruitment 2015 -04 -1 ftAeP' CAppDatalf2oaminglLS\ Temp18f4aee8tr5aa849 ?d- 9895�5:75fa1d8f6.doc Page 488 {) 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 Aeencv 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 nears, 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 Propemr, 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: O Monthly ( ) Quarterly (X) Other: Per Milestone Deliverables in Table in Section IO -B B. Dav of the Period for submission of Consultant's Billing: O First of the Month () 15th Day of each Month () End of the Month (X) Other: Per Milestone Deliverables in Table in Section 8 -C C. City's Account Number: UPG11 18. Security for Performance ( ) Performance Bond, S Paue 23 Two Part, Agreement Between the City of Chula 1•15ta and U3 Advisors jar University- Innovation District (UID) Recruitment 2015 -04 -14 Agenda Packet Page 489 C:\Users'She= AppDatalRoaming "kTempW4awSb- 5aa&492d- 9895 -c537ifald8f6.doe (} Letter of Credit, $ O Other Security: Type: Amount: $ (X)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: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: (X) 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 Director of Development Services or his designee. Page 24 Two Parly Agreement Between the City of-Chula Jima and U -3 Arhdsors for University Innovation District (UID) Recruitment 2015 -04 -1n PacePpDatalRoaming1L51TemglRf4aeeR�5aa8 4924- 9895 e5 ?75fald8fb.doc Page 490 rs reree 16 -0195 13 THE ATTACHED AGREEMENT HAS BEEN REVIEVATED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: el AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AYERS SAINT GROSS TO PROVIDE DESIGN PROFESSIONAL SERVICES WITH REGARD TO THE UNIVERSITY SITE 2015 -04 -14 Agenda Packet , Page 491 Agreement between City° of Chula Vista and Avers Saint Gross, Consultant, To Provide Design Professional Services with Regard to the University Site This agreement (Agreement), effective . is between the Citv- 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: y 4 RECITALS WHEREAS, on April 15, 2008 and July 8, 2014 the City entered into Land Offer Agreements with two separate entities which set forth the terms and conditions for said entities to convey certain real property to the City for Univeristy and Innovation District (UID) purposes; and WHEREAS. on December 2, 2014 the City completed acquisition of all 375 acres of land for the UID: and WHEREAS. on July 3, 2014 the City entered into a contract with William Hezmalhalch Architects. Inc. to prepare a Sectional Planning Area (SPA) Plan for the UID; and NkTIEREAS. the City desires to ensure that the SPA Plan will implement the vision for the UID and provide a seamless pedestrian friendly relationship between the UID and Villages 9 and 10: and WHEREAS. the City also desires to attract a 4 -year institution(s) of higher learning, research and technology partners to the UID; and R"HEREAS. in order for the City to ensure that a SPA Plan will be developed that will implement the vision of the UID, promte a seamless pedestrian friendly relationship between the UID and Villages 9 and 10 and atrtract a 4 -near institution(s) of higher learning, research and technology partners to the UID: work of the general nature and type described in Exhibit A, Paragraph 8 (the "Work ") will need to be completed; and VdI- IEREAS. City does not have the "in house" staff or resources with the technical expertise to review these proposals: and WHEREAS. Consultant has acquired an in -depth knowledge of the University site and the surrounding proposed development through past design efforts on the site; and WHEREAS. Consultant's comprehensive familiarity with the University site and surrounding proposed developments makes them uniquely qualified to serve as the Consultant for this project; and Page I Two Party Agreement Between Cit►, of Chula Vista and Ayers Saint Gross 4 to Provide Design Professional Services with Regard to the Universio, Innovation District SPA PL4 N 2015 -04 -14 Agenda Packet Page 492 WHEREAS. Consultant was selected to conduct this analysis based upon the fact that they are recognized experts in a highly specialized and technical field, and familiar with the City's policies and procedures; and WHEREAS, pursuant to Chula Vista Municipal Code Section 2.56.070 and the above facts, Consultant is uniquely qualified to serve as the Consultant for this project and staff is recommending that the formal bidding process be waived; and WHEREAS, this agreement proposes retaining the Consultant who shall perform the services requied by this Agreement solely for the benefit, and under the direction of. the City; and WHEREAS, Consultant promises 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. [End of Recitals. Neat Page Starts Obligatory Provisions.] Page 2 Two Party Agreement Between Ch) of Chula [vista and Ayers Saint Grass to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 493 OBLIGATORY PROVISIO\S PAGES NOVA'_ THEREFORE. for valuable consideration the City and Consultant do hereby mutually agree as follow =s: 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. S_c_op_e__ 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. Y b. Additional Services. In addition to perfonming 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 I0(C), unless a separate fixed fee is othervise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 3. Standard of Care. The Consultant expressly promises that the work to be performed pursuant to this Agreement. w =hether 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 ff'aiver 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 b%, negligent acts. errors. omissions; noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. Pa °e 3 Two Party Agreement Between City of Chula Vista and Arers Saint Gross to Provide Design Professional Seruices with Regard to the UniversiA- Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 494 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 Scope of Insurance. Coverage must be at least as broad as: a. CGL. Insurance Services Office Commercial General Liability coverage {occurrence Form CGOOO I). b. Auto. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code l (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 4 Two Party Agreement Between Cite of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 495 i. General Liability: $1.000.000 per occurrence for bodily injure, 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 appIN 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 injure, including death. and Liability: property damage. iii. Professional $1.000.000 each occurrence Liability or Errors & Omissions Liabilitv: 4. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. 5. Other Insurance Provisions. The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain. or be endorsed to contain, the following provisions: a. Additional Insureds. Cite of Chula Arista. 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 (1118) 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 Citv. 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. Pape Two Part, Agreement Between Ciril of Chula Vista and Arers Saint Gross to Provide Design Professional Services with Regard to the Universh)- Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 496 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. e. Wah er of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage for the term required by this Agreement. 6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and /or Errors & Omissions coverage are written on a claims -made form: a. 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. Haintenance and Evidence. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the work required by the Agreement. c. Cancellation. If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a " Retro Date" prior to the effective date of the Agreement, the Consultant must purchase "extended reporting' coverage for a minimum of five years after completion of the work required by the Agreement. d. Copies. A copy of the claims reporting requirements must be submitted to the City for review. 7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. 8. Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Page 6 Two Pam Agreement Between Cite of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 497 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. y 4 4 D. Security for Performance i . 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 Cite 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 X70. http: / /« ,xti ,Ny.fms.treas.L,oN,/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 Citv Attorney which amount is indicated in the space adjacent to the term. "Letter of Credit," in Exhibit A. Paragraph 18. .. Other Securitv. In the event that Exhibit A. at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security " }; then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. E. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Page 7 Two Party Agreement BeNven Cinti of Chula f1sta and Avers Saint Gross to Provide Design Professional Seri-ices with Regard to the Universih• Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 498 ARTICLE II. CITY OBLIGATIONS A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall allow Consultant access to its office facilities, files and records, as deemed necessary and appropriate by the City, throughout the term of this Agreement. In addition, City agrees to provide the materials identified at Exhibit A. Paragraph 9, with the understanding that delay in the provision of those materials beyond thirty days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance. B. Compensation. 1. 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 l l . 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 negligent acts or omissions or 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 negligent acts or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is intended to limit City's rights under other provisions of this Agreement. 4. Payment Not Final Approval. The Consultant understands and agrees that payment to the Consultant for any Project cost does not constitute a City final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation of Consultant of the terms of the Agreement. The Consultant Page 8 Two Party Agreement Between Litt, of Chula vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 499 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. Cite will notify the Consultant in NNgiting_ 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 Citv; 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. I Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer. Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 4. Promise Not to Acquire Conflicting_ Interests. Regardless of whether Consultant is designated as an FPPC Filer. Consultant further warrants and represents that Consultant will not acquire. obtain. or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. Page 9 Two Park• Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Seri-ices with Regard to the Universitti• Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 500 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 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). Page 10 Two Party Agreement Between Cin> of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 501 �. act required of Consultant is Request for Extension of Time. If the performance of any 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 xvill 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. III ;DEMNIFICATION A. Defense, Indemnih,, and Hold Harmless. 1. General Requirement. Except for liability for Design Professional Services covered under Article V., Section A?., Consultant shall defend, indemnify, protect and hold harmless the City. its elected and appointed officers. agents and employees, from and against any and all claims, demands, causes of action. costs, expenses, liability, loss; damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Defined Services or this Agreement. This indemnity provision does not include any claims, damages, liability: costs and expenses (including without limitations. attorneys fees) arising from the sole negligence, active negligence or willful misconduct of the Cite, its officers, employees. Also covered is liability arising from. connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers_ or any third party. 2. Design Professional Services. If Consultant provides design professional services; as defined by California Civil Code section 2782.5. as may be amended from time to time_ Consultant shall defend, indemnify and hold the City, its officials, officers, employees; volunteers, and agents free and harmless from any and all claims, demands. causes of action. costs, expenses, liability, loss, damage or injury. in law or equity, to property or persons, including wrongful death. in any manner arising out o£ pertaining to. or relating to the negligent acts or omissions, or willful misconduct of Consultant, its officials, officers; employees; agents, consultants, and contractors arising out of or in connection with the performance of Consultant's services. Consultant's duty to defend, indemnify. and hold harmless shall not include any claims or liabilities arising from the sole negligence. active negligence or willful misconduct of the City, its agents, officers or employees. This section in noway alters, affects or modifies the Consultants obligations and duties under this Agreement. Page 1 I Two Pariti- Agreement Between City of Chula Vista and Apers Saint Gross to Provide Design Professional Services with Regard to the Universh)> Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 502 1. 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 arising out of or in connection with the performance of Consultant's services. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees; agents and/or volunteers, for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Sections A.1. and A.2. 4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents. and/or volunteers. V 5. Declarations. Consultant's obligations under Article V shall not be limited by any prior or subsequent declaration by the Consultant. - 6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the indemnity and defense provisions set forth in Article V. 7. Survival. Consultant's obligations under Article V shall survive the termination of this Agreement. ARTICLE VI. TERMINATION OF AGREEMENT A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (S) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement and less any damages caused City by Consultant's breach, for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination,. B. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)' days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation, in an amount not to exceed that payable under this Agreement, for any satisfactory work completed on such documents and other materials to the effective date of such termination. In the event the City Page 12 Two Pare, Agreement Between Ott, of Chula Vista acrd Ayers Saint Gross to Provide Design Professional Sendces with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 503 terminates this agreement for convenience per this section. Consultant hereby expresslN waives anv and all claims for damaaes or compensation arising under this Agreement except as set forth in this section. 4 ARTICLE VII. RECORD RETENTION AND ACCESS A. Record Retention. During the course of the Project and for three (3) gears following completion. the Consultant agrees and to maintain. intact and readily accessible. all data, documents, reports. records, contracts, and supporting materials relating to the Project as City may require. B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit. and require its subcontractors to permit City or its authorized representatives_ upon request, to inspect all Project work, materials, payrolls. and other data, and to audit the books, records. and accounts of the Contractor and its subcontractors pertaining to the Project. C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. ARTICLE Vill. PROJECT COMPLETION, AUDIT, AND CLOSEOUT A. Project Completion. 1A'ithin ninety (90) calendar days following Project completion or termination by City. Consultant agrees to submit a final certification of Project expenses and audit reports, as applicable. B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the City may require. The Consultant also agrees to obtain any other audits required by City. Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit costs are allowable Project costs. C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has closed the Project, and either forwards the final payment or acknowledges that the Consultant has remitted the proper refund. The Consultant agrees that Project closeout by City does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from City ARTICLE IX. MISCELLANEOUS PROVISIONS A. Assianability. 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 (� %vhether by assignment or notation), without prior written consent of City. 1. Limited Consent. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A. Paragraph 16 to the subconsultants identified as "Permitted Subconsultants." Page 13 Two Partti! Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the Universitt! Innovation District SPA PL4N 2015 -04 -14 Agenda Packet Page 504 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. I . 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 it's agents, employees, subcontractors agree that City shall not be responsible for any obligations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstanding that City may have concurred in' or approved any solicitation, subagreement, or third party contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. D. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Page 14 Two Party} Agreement Between Ch), of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the Universiop Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 505 E. Administration of Contract. Each part= 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 executor_ provisions hereof. G. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. H. Statement of Costs. In the event that Consultant prepares a report or document; or participates in the preparation of a report or document in performing the Defined Services; Consultant shall include. or cause the inclusion of. in the report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 4 I. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15 is marked. the Consultant and/or is principals is /are licensed with the State of California or some other state as a real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor its principals are licensed real estate brokers or salespersons. J. Notices. All notices. demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices. demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such part, 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. 4 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 '"Titing executed by the party against which enforcement of such amendment, waiver or discharge is sought. L. Capacity- of Parties. Each signatory and party to this Agreement warrants and represents to the other party that it has 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 laxys of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista. or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the City of Chula Vista. Page 1 Two Part- Agreement Between 00, of Chula Vista and Arers Saint Gross to Provide Design Professional Seri -ices with Regard to me Unipersio- Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 506 Signature Page to Agreement between City of Chula Vista and Ayers Saint Gross To Provide Design Professional Services with Regard to the University Site 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 IC Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins. City Attorney Mary Casillas Salas, Mayor Ayers Saint Gross ME Exhibit List to Agreement (X) . Exhibit A J:\Attome,lMichaclShlUniversih lAgtkASG2 PanyAgrmntNo44.6.15- FTNAL.doc James A. Wheeler, AIA, LEED AP President* * Consultant to pro -, ide signature authority for signatory. Page 16 Two Parn, Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 507 Exhibit A to Agreement between City of Chula Vista and Ayers Saint Gross 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 O Redevelopment Agency of the City of Chula Vista. a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] 3. Place of Business for City: Citv of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Avers Saint Gross 5. Business Form of Consultant: ( } Sole Proprietorship ( } Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1040 Hull Street. Suite 100 Baltimore, MD 21230 Phone: 410.347.8500 Fax: 410.347.8519 Page 17 Two Part• Agreement Between Ch), of Chula Vista and A }•ers Saint Gross to Provide Design Professional Services with Regard to the Universitr Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 508 7. General Duties: Ayers Saint Gross will refine the University and Innovation District (UID) conceptual plans and continue to contribute to the creation of the UID SPA Plan, including: amendments to the program assumptions, reviewing draft SPA Plans prepared by others; creation of a regulating plan; and, leading several workshops to work through major project issue areas. Consultant will also create new analytical, narrative and illustrative materials that will position the City's UID as a unique opportunity for prospective academic and industry partners. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Part I -Additional SPA Plait Efforts Ayers Saint Gross will refine and further articulate its recently updated UI District Conceptual Plan ( "the plan "), addressing several action items that emerged in the Summer/Fall 2014 workshops. This scope will concentrate on several focal areas that fall into two categories: work that contributes to completing the current SPA Plan efforts, and work that proactively supports the City's initiative to attract University partners and grow an Innovation District on the site. Workshop 1 Chula Vista, CA Two -day intensive discussions with the City and its stakeholders to address solutions to key outstanding issues. Set agendas for the off -site workshops and agree on desired outcomes and resources for each area of study. Refined Program Assumptions Execute a programming analysis that relates the current plan to program metrics from earlier planning study; revise spreadsheet program to align with updated SPA plan with particular detail for Phase 1. A subset of this scope will specifically address the programming and broad parameters for the proposed Innovation District. Three SPA Draft Plan Reviews Execute three reviews of the SPA Plan draft documents; provide comments and additional content at the 25 %, 65% and 90% draft stages. Comments will come in written form and will incorporate input from the entire ASG team (Wheeler, Glaser & Ly). Workshop 2 Chula Vista, CA Two to three day intensive discussions with the City and its stakeholders about the University's development activities with a particular emphasis on initial SPA comments and structure; and preliminary discussions on mobility including transit; transportation Page 18 Two Party Agreement Between 0q, of Chula Vista and Apers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN . 2015 -04 -14 Agenda Packet Page 509 management and parking. One day will be reserved for CV -ASG meetings for status updates; discuss ongoing issues and prepare for next steps. Regulating Plans Create a related set of regulating plans that define key building relationships: build -to lines: building heights and critical program areas. Two additional regulating plans will indicate 1.) Street hierarchies and 2.) An open space and playing framework. The street hierarchy plan will be done in conjunction with Nelson Nzygaard who will contract directly with the Cite. This work will also include 3 rendered district plans that indicate how the proposed framework can support three development scenarios: 1.) A multi - institutional district, 2.) A single - institutional district and 3.) A mixed -use district where institutional footprints are accommodated in an urban development pattern. Residential Integration Quantify and characterize the amount of residential development in the UI District - balancing recent trends toward directly integrating residential and non - residential program areas with exploring how the UI District can tap existing properties in surrounding villages to accommodate residential demand. Workshop 3 Chula Vista, CA T-,vo to three day intensive discussions with the Cite and its stakeholders about the University's development activities with a particular emphasis on housing_ refined approaches to mobility including transit, transportation management and parking. Discussion will also address planning for University and private- sector partnerships and integrating academic facilities into a broader community. One day will be reserved for CV- ASG meetings for status updates, discuss ongoing issues and prepare for Part 2. Part If - Vision Documents Consolidating the findings from these various focal areas; Avers Saint Gross will create new analytical, narrative and illustrative materials that position the Chula Vista UI District as a unique opportunity for prospective academic and industry partners - one tapping emerging trends in education; innovation, sustainability and economic development. Expanding on our current land use and street pattern work for the upcoming SPA submission. Avers Saint Gross will create deliverables that support the City and their development partners in advancing the phased development of the UI District over the coming decades. Next Generation Academic - Innovation District Planning/Design Principles Explore how emerging trends in pedagogy. innovation and industry partnerships shape proposed developments in the Ul District. Quantifi, and tap the benefits of integrating academic and non - academic functions both on UI District properties and on adjoining parcels in Village 9. Consider potential branding and operations /governance models. (w. U3 Advisors) Page 19 Two Patti- Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the Unirersio- Innoration District SPA PLAID' 2015 -04 -14 Agenda Packet Page 510 Deliverables: Create key illustrative 2D and 3D analytical info - graphic diagrams and design guideline graphics for Ul District and the larger surrounding neighborhood. These will be digital. high - resolution files. Workshop 4 Chula Vista, CA or Tempe, AZ - TBD Two -day intensive discussions with the City and its stakeholders to synthesize solutions key issues drawn from the previous workshops. The team will use these findings to further articulate the plan and to create a series of graphic and narrative deliverables outlined below: Illustrative Drawings & Diagrams Create a range of computer - generated illustrative images depicting various aspects of Phase I and full build -out scenarios. Materials will include three (3) aerials of the full build -out and (4) eye -level perspectives of Phase 1 development, (2) illustrative site plans for Phase 1 and full build -out, (4) illustrative street sections, a computer- generated physical model and key diagrams. These will be digital, high- resolution files. "The Story" - City Goals /Aspirations Communications Package Collaborate with the City and its stakeholders to identify goals and create a marketing narrative outlining the City UI District vision demonstrating that the site is a great location for a neat- generation university. This material will cite findings from all workshops, general best practices and university development strategies drawn from a wide range of studies and resource professionals. This "story" will communicate the City's development goals and precedents to the marketplace through narrative, PPT slides and web content. It will also describe key assumptions about university development strategies including project types, partnerships, governance, etc. Graphics Collateral (Brochures, Web Content, etc.) Create both printed and digital collateral materials for the City's use in meetings with prospective anchors, partners and tenants. Workshop 5 Chula Vista, CA Two -day intensive discussions to finalize collateral materials and deliverables. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Two Party Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services will: Regard to lire Universin, Innovation District SPA PLAN 2015 -04 -14 Agenda Packet 0 Page 20 Page 511 Part I - Additional SPA Plan Efforts Deliverable No. l: Prepare materials and lead Workshop '1. Due Date: 2 weeks after date of agreement. Deliverable No. 2: Prepare refined program assumptions that will include a spreadsheet identi&ing kev academic program area metrics for the SPA Plan and Vision Documents. Due Date: 2 weeks after. Date of Agreement. Deliverable No. 3: Commentary memorandum for first review of the draft SPA Plan including related supplemental graphics, diagrams and text for the SPA document as necessary. Due Date: 4 weeks after receipt of first draft of SPA document. Deliverable No. 4: Commentary memorandum for second review of the draft SPA Plan including related supplemental graphics, diagrams and text for the SPA document as necessary. Due Date: 3 weeks after receipt of second draft of SPA document. Deliverable No. 5: Commentary memorandum for third review of the draft SPA Plan including related supplemental graphics_ diagrams and text for the SPA document as necessary. Due Date: 3 weeks after receipt of third draft of SPA document. Deliverable No. 6: Prepare materials and lead Workshop n2. Due Date: 6 weeks after Date of Agreement. Deliverable No. 7: Three (3) sequential regulating plans of a multi - institutional scenario (buildings, streets and open space) and three (3) illustrative test -fits of possible development scenarios. Due Date: 4 weeks after Workshop 42. Deliverable No. S: Report with guidelines and diagrams illustrating potential types of student and faculty housing on site_: analysis of "non- traditional" Innovation District housing on site_ refined residential program (spreadsheet) of proposed new on site housing; and plans and massing diagrams outlining new residential in context with existing villages. Deliverable No. 9: Prepare materials and lead Workshop 43. Page 21 Two Parot Agreement Between City of Chula Vista and Ayers yens Saint Gross to Proride Design Professional Sen1ces witlt Regard to the Universitr Innoration District SPA PLAN 2015 -04 -14 Agenda Packet Page 512 Due Date: 12 creeks after Date of Agreement. Part H - Vision Documents Deliverable No. 10: Deliver key illustrative 2D and 3D analytical info - graphic diagrams and design guideline graphics for the UI District and the larger surrounding neighborhood. These will consist of digital, high - resolution files. Due Date: 16 weeks after Date of Agreement. Deliverable No. 11: Prepare materials and lead Workshop ##4. Due-Date: 18 weeks after Date of Agreement. Deliverable No. 12: Deliver digital high - resolution files that include three (3) aerials of the full build -out, four (4) eye -level perspectives of Phase 1 development, two (2) illustrative site plans for Phase 1. and full -build out, four (4) illustrative street sections, a computer generated physical model and key diagrams. Due Date. 24 weeks after Date of Agreement. Deliverable No. 13: Deliver a set of digital files that create a marketing strategy, or "story -, which includes a narrative description, PowerPoint slides and web content. It will also describe key assumptions about university development strategies including project types, partnerships, governance, etc. Due Date: 24 weeks after Date of Agreement. Deliverable No. 14: Deliver both printed and digital collateral materials for the City's use in meetings with prospective anchors, partners and tenants. Due Date: 24 weeks after Date of Agreement. Deliverable No. 15: Prepare materials and lead Workshop #5 to finalize collateral materials and deliverables. Due Date: 24 weeks after Date of Agreement. D. Date for completion of all Consultant services: Approximately 26 weeks from Date of Agreement. 9. Materials Required to be Supplied by City to Consultant: NIA. 10. Compensation: Page 22 Two Parn' Agreement Between Cin• of Chula Vista and Alters Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 513 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: S . payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee O l .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 w iting 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. Cite 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. Deliverable No. and Description of Milestone Event Amount Approx. % 1 Prepare Materials and Lead Workshoe 41 $2.900.00 1% 2 Prepare refined program assumptions that will include a $12,000.00 5% spreadsheet identifying key academic program area metrics for the SPA Plan and Vision Documents. 3 Commentary memorandum for first review of the draft SPA Plan S11,666.67 5% including related supplemental graphics, diagrams and text for the SPA document as necessarv. 4 Commentary memorandum for second review of the draft SPA Plan $11.666.67 5% includinc related supplemental graphics. diagrams and text for the Page 23 Two ParA- Agreement Between Citr of Chula Vista and Avers Saint Gross to Provide Design Professional Services with Regard to the Universitr Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 514 { } 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 Page 24 Two Party Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 515 SPA document as necessary. 5 Commentary memorandum for third review of the draft SPA Plan $11,666.61 5% including related supplemental graphics, diagrams and text for the SPA document as necessary. 6 Prepare materials and lead Workshop #2. $4,000.00 2% 7 Three (3) sequential regulating plans of a multi - institutional $25,000.00 11% scenario (buildings, streets and open space) and three (3) illustrative test -fits of possible development scenarios. 8 Report with guidelines and diagrams illustrating potential types of $40,000.00 18% student and faculty housing on site: analysis of "non- traditional" Innovation District housing on site, refined residential program (spreadsheet) of proposed new on site housing; and plans and massing diagrams outlining new residential in context with existing vi liaaes. 9 Prepare materials and lead Workshop 0). $4.000.00 2% 10 Deliver key illustrative 2D and 3D analytical info - graphic diagrams $13,000.00 6% and design guideline graphics for the Ul District and the larger surrounding neighborhood. These will consist of digital, high= resolution files. 1 Prepare materials and lead Workshop 44. $4.000.00 2% 12 Deliver digital high- resolution files that include three (3) aerials of $50,000 22% the full build -out, four (4) eye -level perspectives of Phase l development, two (2) illustrative site plans for Phase 1 and full - build out, four (4) illustrative street sections, a computer generated physical model and key diagrams. 13 Deliver a set of digital files that create a marketing strategy, or $12,000.00 5% "story", which includes a narrative description, PowerPoint slides and web content. It will also describe key assumptions about university development strategies including project types, partnerships, governance, etc. 14 Deliver both printed and digital collateral materials for the City's $20,000.00 9% use in meetings with prospective anchors, partners and tenants. 15 Prepare materials and lead Workshop #5 to finalize collateral $4,000.00 2% materials and deliverables. Consultant Services Total $225,900.01 100% 25% Contingency Fee for tasks as determined at the sole discretion $56,475 of the City's Development Services Director Maximum Reimbursables Estimate $17,000 Maximum Services and Fees $299,375.01 { } 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 Page 24 Two Party Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the University Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 515 the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City. or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided. but in no event shall such interim advance payment be made unless the Consultant shall have represented in writing that said percentage of completion of the phase has been performed by the Consultant. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required. City shall paw 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 S 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 S (Authorization Limit). Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the Cit- v. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. See Exhibit B for wage rates. ( )Hourly rates may increase by 6% for services rendered after (month], 20, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required. City shall pay Consultant at the rates or amounts set forth below: O None, the compensation includes all costs. Cost or Rate { } Reports; not to exceed S S (} Copies, not to exceed S S (X) Travel (if required), not to exceed S 1 4,400.00 S14.400.00 Page 25 Two Par!1' Agreement Between Cirti of Chula Vista and Arers Saint Gross to Provide Design Professional Sen ices with Regard to the Universh)- Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 516 (X) Printing, not to exceed $2,600.00: () Postage, not to exceed $ O Delivery, not to exceed $ {) Outside Services: {) Other Actual Identifiable Direct Costs: not to exceed $ Total Reimbursable Expenses 12. Contract Administrators: City: Scott D. Donaghe, Principal Planner Public Services Building C 276 Fourth Avenue Chula Vista_ CA 92010 Phone: 619.409.5806 Consultant: Ayers Saint Gross c/o James A. Wheeler 1040 Hull Street, Suite 100 Baltimore, MD 212' )0 Phone: 410.347.8500 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: $2,600.00 $17,000.00 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. ( ) FPPC Filer ( ) Category No. 1. Investments, sources of income and business interests. O Category No. 2. Interests in real property. Two Part), Agreement Between City of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the UniversiAl Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 26 Page 517 O Category No. I Investments, business positions, interests in real propem,, and sources of income subject to the regulatornr, 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 gears, have contracted xyith the City of Chula Vista or the City's Redevelopment Agency to provide services, supplies; materials, machinery or equipment. O Category No. 6. Investments and business positions in business entities and sources of income that. within the past two nears. 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 ( ) Quarterly O Other: B. Dav of the Period for submission of Consultant's Billine: Page 27 Two Part• Agreement Between Cit• of Chula Vista and Ayers Saint Gross to Provide Design Professional Services with Regard to the Universio' Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 518 O First of the Month O 15th Day of each Month () End of the Month () Other: C. City's Account Number: 60800260 18. Security for Performance {) Performance Bond, $ {) Letter of Credit, $ {) Other Security: Type: Amount: $ (X) 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: (X) Retention Percentage: 10 % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) 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 Director of Development Services or his designee. Page 28 Two Paro, Agreement Between Cin, of Chula Vista and A pers Saint Gross to Provide Design Professional Services with Regard to the Universio, Innovation District SPA PLAN 2015 -04 -14 Agenda Packet Page 519 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS, APPROVING A TWO -PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND U3 ADVISORS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF THE CHULA VISTA UNIVERSITY PARTNERSHIP (CVUP) AND ASSISTANCE IN THE UNIVERSITY RECRUITMENT PROCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City recently completed acquisition of property for the University Innovation District (UID); and WHEREAS, the formation of the Chula Vista University Partnership (CVUP), a non - profit entity facilitating the development of the UID, has become timely; and WHEREAS, it was determined by the Development Service Director that the City does not have the "in house" staff or resources with the technical expertise to perform the work; and WHEREAS, U3 Advisors has acquired in -depth knowledge of the UID site and surrounding proposed development through past work on Village 9 and the Master Development Agreement; and WHEREAS, U3 Advisors comprehensive familiarity with the UID and the surrounding proposed developments as well as University recruitment and funding makes them uniquely qualified to serve as the Consultant for this project; and WHEREAS, U3 Advisors was selected to perform this work based upon the fact they are recognized experts in a highly specialized and technical field; and WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 2.56.070 and the above facts, U3 Advisors is uniquely qualified to serve as the Consultant for this project and staff is recommending the City Council waive the formal bidding process and hire U3 Advisors as a sole source; and WHEREAS, the consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the timeframes herein provided all in accordance with the terms and conditions of the subject agreement. NOW THERERFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the City's competitive bidding requirements as applied to the subject agreement would be impractical for the reasons stated herein, and hereby waives the competitive bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a Two -Party Agreement between the City of Chula Vista and U3 Advisors for 2015 -04 -14 Agenda Packet Page 520 consulting services related to the establishment of the Chula Vista University Partnership and assistance in the University recruitment process. BE IT FURTHER RESOLVED that the Mayor of the City of City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Kelly Broughton, Development Services Director Approved as to form by Glen R. Googins, City Attorney 2015 -04 -14 Agenda Packet Page 521 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL SELECTION PROCESS, APPROVING A TWO -PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AYERS SAINT GROSS FOR CONSULTING SERVICES RELATED TO THE ESTABLISHMENT OF A SECTIONAL PLANNING AREA PLAN AND DEVELOPMENT OF VISION DOCUMENTS FOR THE UNIVERSITY AND INNOVATION DISTRICT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula Vista has completed land acquisition for the University and Innovation District (UID) project; and WHEREAS, in April 2014 the City of Chula Vista entered into an agreement with William Hezmalhalch Architects (WHA) to begin preparation of the Sectional Planning Area (SPA) Plan for the UID; and WHEREAS, it has become apparent that additional specialized consulting services are necessary to supplement the work of WHA; and WHEREAS, it was determined by the Development Service Director that the City does not have the "in house" staff or resources with the technical expertise to perform the work; and WHEREAS, Ayers Saint Gross (ASG) has acquired an in -depth knowledge of the UID site and surrounding proposed development through past design efforts on the site; and WHEREAS, ASGs comprehensive familiarity with the UID site and surrounding proposed developments makes them uniquely qualified to serve as the Consultant for this project; and WHEREAS, ASG was selected to conduct this scope of work based on the fact that they are recognized experts in a highly specialized and technical field, and familiar with the City's policies and procedures; and WHEREAS, pursuant to Chula Vista Municipal Code (CVMC) Section 2.56.070 and the above facts, ASG is uniquely qualified to serve as the Consultant for this project and staff is recommending the City Council waive the formal bidding process and hire ASG as a sole source; and WHEREAS, the subject agreement proposes retaining the Consultant who shall perform the services required by the subject agreement solely for the benefit, and under the direction of, the City; and WHEREAS, the Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City 2015 -04 -14 Agenda Packet Page 522 within the timeframes herein provided all in accordance with the terms and conditions of this agreement. NOW THERERFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find that the City's competitive bidding requirements as applied to the subject agreement would be impractical for the reasons stated herein, and hereby waives the competitive bidding process. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve a Two -Party Agreement between the City of Chula Vista and Ayers Saint Gross, for consulting services related to the establishment of a Sectional Planning Area Plan and development of vision documents for the University and Innovation District. BE IT FURTHER RESOLVED that the Mayor of the City of City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Kelly Broughton, Development Services Director Approved as to form by Glen R. Googins, City Attorney 2015 -04 -14 Agenda Packet Page 523 CITY OF CHULA VISTA File #: 15 -0147, Item #: 25. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING CERTAIN EXECUTIVE ACTIONS ON IMMIGRATION TAKEN BY PRESIDENT OBAMA ON NOVEMBER 20, 2014 City of Chula Vista 2015 -04 -14 Agenda Packet Page 1 of 1 Printed on 4/9/2015 powered by LegistarT"^ Page 524 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING CERTAIN EXECUTIVE ACTIONS ON IMMIGRATION TAKEN BY PRESIDENT OBAMA ON NOVEMBER 20, 2014 WHEREAS, the City of Chula Vista supports a reasonable approach to reforming the currently broken immigration system that is in the best interest of the country; and WHEREAS, immigration reform is an urgent federal responsibility, and must occur in a comprehensive, thoughtful manner that underscores and is guided by our nation's values of due process and civil and human rights; and WHEREAS, civil and human rights are deeply rooted in the fabric of democratic and principled societies, and must be instilled in all elements of our enforcement apparatus to ensure every individual's dignity and humanity is upheld, recognized and respected; and WHEREAS, the City of Chula Vista recognizes that immigration reform must protect the rights of all families to stay together, regardless of immigration status, family structure, sexual orientation, gender identity, and to include same -sex couples, and provide sufficient family -based channels for migration in the future; and WHEREAS, the City of Chula Vista is a diverse city with immigrants and refugees from many parts of the world who work, own homes, operate businesses and contribute to the economic, social, and cultural well -being of the City; and WHEREAS, the City of Chula Vista contributes to the economic, social and cultural development of the CaliBaja Binational Mega - Region; and WHEREAS, in addition to the cultural and social riches our nation receives through our border, our ports -of -entry drive regional and national economic development approaching $500 billion in trade and accounting for one in 24 jobs in the United States; and WHEREAS, the City of Chula Vista supports added investment in infrastructure and technology as well as adequate staffing of ports of entry in order to keep up with the pace of the expansion of bilateral trade and the population growth of the border region; and WHEREAS, it is not practical to deport the 11 million undocumented immigrants living within our borders, and that immigration laws should provide for a reasonable pathway to citizenship, especially for young children who unknowingly enter the United States without proper documentation and have grown up here; and WHEREAS, a pathway to citizenship should not be conditioned upon shortsighted border enforcement strategies that add extra obstacles and burdens to full reform; and 2015 -04 -14 Agenda Packet Page 525 Resolution No. Page 2 WHEREAS, the President of the United States has issued two executive actions to provide temporary relief to those who are living in this country in an undocumented status: the extension Deferred Action of Childhood Arrivals (DACA) and the Deferred Action of Parents of Americans and Lawful Permanent Residents (DAPA). These actions would help up to 91,000 individuals in San Diego County alone while Congress works to pass something more permanent. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby support President Obama's recent Executive Actions on Immigration reform,including the extension of the DACA and DAPA. BE IF FURTHER RESOLVED, that the City Council supports the efforts of the National League of Cities and the United States Conference of Mayors to oppose efforts to block the President's recent Executive Actions on Immigration reform. Presented by Approved as to form by Mary Casillas Salas, Mayor Glen R. Googins, City Attorney 2015 -04 -14 Agenda Packet Page 526 CITY OF CHULA VISTA File #: 15 -0138, Item #: 26. City of Chula Vista Staff Report CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) Name of case: A) John Hess v. Dave Hanneman, et al., United States District Court, Case No. 14cv2271 CAB J MA; B) Chris Shilling, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37 -2015 - 00006097 -CU -MC -CTL C) City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court, Case No. 37-2013 - 00055103 -CU -MC -CTL City of Chula Vista Page 1 of 1 Printed on 4/9/2015 2015 -04 -14 Agenda Packet Page 527