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Mary Casillas Salas, Mayor
PaMcia Aguilar, Coundlmember Gary Halbert, City Manager
Pamela Bensoussan, Councilmember Glen R. Gocx�ins, City Attomey
John McCann, Councilmember ponna R. Nortis. City Clerk
Steve Miesen. Councilmember
Tuesday, August 11, 2015 5:00 PM Council Chambers
276 4th Avenue, Building A
Chula VisW, CA 91910
REGULAR MEETING OF THE CITY COUNCIL
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. 15-0463 OATHS OF OFFICE
Michael D. Jackson, Safety Commission
Francine Maigue, Intemational Friendship Commission
• Manuel Delgado, Mobilehome Rent Review Commission
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City of Chula Vista
Staff Report
File#:15-0463, Item#: A.
OATHS OF OFFICE
Michael D. Jackson, Safety Commission
Francine Maigue, International Friendship Commission
Manuel Delgado, Mobilehome Rent Review Commission
City of Chula VistaPage 1 of 1Printed on 8/6/2015
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City of Chula Vista
Staff Report
File#:15-0464, Item#: B.
INTRODUCTIONOFTHECITYOFCHULAVISTA’SSISTERCITYODAWARA,JAPANYOUTH
AMBASSADORSKAITOTSUCHIYA,AYAKASATO,YUKIEMATSUNAGAANDAKIKOSAKATA,
PARTICIPANTSINTHEANNUALINTERNATIONALFRIENDSHIPCOMMISSION’SEXCHANGE
PROGRAMANDAPRESENTATIONBYTHECHULAVISTAYOUTHAMBASSADORSLOREN
FERNANDEZ,MARIOORSO,MOLLYUYEDAANDGITALIADIFERRETTIREGARDINGTHEIR
EXPERIENCE IN ODAWARA
City of Chula VistaPage 1 of 1Printed on 8/6/2015
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City of Chula Vista
Staff Report
File#:15-0332, Item#: C.
UPDATEONCITYNOW,THECITY’SCONTINUOUSIMPROVEMENTPROGRAM:VIRTUAL
WAREHOUSE PROJECT
City of Chula VistaPage 1 of 1Printed on 8/6/2015
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City of Chula Vista
Staff Report
File#:15-0248, Item#: 1.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAUTHORIZINGTHE
ESTABLISHMENTOFACALIFORNIAMULTIPLEAWARDSCHEDULECONTRACTFROM
SPORTSSURFACESDISTRIBUTING,INC.,INACCORDANCEWITHTHETERMSAND
CONDITIONSOFREQUESTFORPROPOSALNUMBERGS-07F-556OPANDTHE
COOPERATIVEAGREEMENT(CONTRACTNO.4-15-78-0033B)WITHTHEDEPARTMENTOF
GENERALSERVICESFORARTIFICIALTURFREPLACEMENTATTHESALTCREEKSOCCER
ARENA
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
TheSaltCreekSoccerArenawasopenedonJune10,2006,asapartoftheSaltCreekParkand
RecreationCenterproject.ThesoccerarenaisoneofakindinChulaVistaandisusedsevendays
aweekforrecreationalprogrammingforyouthandadults.Thisassethasreachedtheendofits
useful life cycle requiring restoration.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnotaprojectas
definedunderSection15378(b)(2)oftheStateCEQAGuidelinesbecauseitisanongoing
maintenanceactivity;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinesthe
activity is not subject to CEQA. Thus, no environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
TheSaltCreeksoccerarenafieldisprogramedbystaffandheavilyusedbysoccerteamsandbythe
generalcommunityduringbreaksbetweenscheduledleagueplayandevents.Thiswellusedasset
reachedtheendofitsusefullifecycleandrequiresrestoration.Theconstantuseofthesoccerarena
contributedtosubstantialwearandtearofthesyntheticturfcausingasafetyconcern;thereforethe
turf was removed and the facility has been temporarily closed for renovation.
StaffrecommendsawardingacontracttoSportsSurfacesDistributing,Inc.intheamountof
$136,356.12forartificialturfreplacementattheSaltCreeksoccerarenatoaccommodateheavy
usagebysoccerteams.TheCityofChulaVistaMunicipalCodeSection2.56.140andCouncil
ResolutionNo.6132authorizethePurchasingAgenttoparticipateincooperativebidswithother
agenciesforthepurchaseofmaterialsofcommonusageprovided,thatsuchitemsarepurchased
throughacompetitiveprocessthatthepurchasingagentdeterminestobeconsistentwithgood
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File#:15-0248, Item#: 1.
purchasingpractices.ThePurchasingAgenthasmadethatdeterminationforthiscontract.In
addition,ifthecontractexceeds$100,000,thenCityCouncilapprovalisrequired.Thiscontract
includes a one year preventative maintenance element performed by the supplier for this project.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.
Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof
interestunderCaliforniaCodeofRegulationsTitle2,section18705.2(a)(11),forpurposesofthe
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisactionsupports
thegoalofprovidingHealthyCommunitybysustainingasafeandwellmaintainedfieldwithinthe
community for recreational opportunities that residents can enjoy.
CURRENT YEAR FISCAL IMPACT
Sufficientfundingisavailabletocoverthecontractcostof$136,356.12.Thecurrentbudgetincludes
$145,000intheTUTCommonFundinone-timefundingfromthesettlementrelatedtoTUTfrom
wireless customers.
ONGOING FISCAL IMPACT
Thisprojectincludesaoneyearpreventativemaintenanceplantoensurefuturelifeexpectancyof
thisfacilityasset.Additionalfundswillbeneededforamulti-yearpreventativemaintenanceplan,
which will be requested by the Recreation Department as part of the FY2016/17 budget process.
ATTACHMENTS
1.Sports Surfaces Distributing, Inc.’s Contract with State of California
2.Sports Surfaces Distributing, Inc.’s Bid for Salt Creek Soccer Arena
Staff Contact: Gordon Day, Public Works Department
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1311 Cuesta Abajo Ct. NE Ste B
Albuquerque, NM 87113
Toll Free 877-395-1978 Fax 505-243-2975
CMAS Contract #4-15-78-0033B
www.sport-surfaces.com
June 1, 2015
Kristi McClure Huckaby, Director of Recreation
City of Chula Vista, Building C
276 Fourth Avenue
Chula Vista, CA 91910
Re: Salt Creek Community Park
Speed Soccer Turf Replacement
Dear Mr. Day:
We will furnish the material, labor and equipment for the complete work of PR322 through
Addendum #1. Included in the work is;
1.Remove existing artificial turf.
2.Re-grade and level arena base with laser level, add base materials if needed.
3.Drainage with J-Drain Turfcore Drain Shock mats.
4.Install artificial turf for outdoor public use. UBU M4R monofilament with SBR infill.
Field lines to be tufted at factory, layout per plans.
5.Install rubber infill system or sand rubber combination at a manufacturer-approved
weight and ratio. Must pass G-Max testing. All seams on fabric to be sewn or a hot glue
system.
6.Clean up and removal and disposal of all debris.
7.G-Max testing and certification upon completion of the install.
8.Fencing removal and replacement by GBs Fence Company.
9.Annual maintenance for one year.
The cost for the work through CMAS contract #4-15-78-0033B is:
G-3305-507 Demo & Dispose Synthetic Turf Sq. Ft.
G-3305-700 UBU M4 2" Synthetic Turf Sq. Ft.
G-3305-042 Ground Rubber Infill Sq. Ft.
G-3305-049 Soccer Lines Inlaid Ea.
G-3505-026 J-Drain Flat Surface Drain Lin. Ft.
G-3305-509 Mobilization Sq. Ft.
M-011-490 Fence repair Lin. Ft.
M-011-333 Groom Field Sq. Ft.
M-011-489 Bond
$ 136,356.12
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O#1:N-SBRI
PTION ON NFILL
Use EPDM rubber in lieu of SBR rubber. ADD: $9,280.00
Yours truly,
SPORT SURFACES DISTRIBUTING, INC.
By__________________________________
Robert J. Cohen, President
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WWW.UBUSPORTS.COM
INTENSITY S4-R
1-800-828-8700
PRODUCT TEST RESULTS
TEST CODE TEST RESULT TEST DESCRIPTION TEST NAME
ASTM F355-01 Gmax 105 HIC 308 Gmax RATING Standard test method for shock-absorbing properties of playing surface systems and materials
ASTM F1015-03 18 ± 2 RELATIVE ABRASIVE INDEX Standard test method for relative abrasiveness of synthetic turf playing surfaces
ASTM F2117-01 27.2 INCHES / 69.0 CM AVERAGE BALL REBOUND HEIGHT Standard test method for vertical rebound characteristics of sports surface/ball systems; acoustical measurement
ASTM F2117-01 0.41 (CR) COEFFICIENT OF RESTITUTION (CR) Standard test method for vertical rebound characteristics of sports surface/ball systems; acoustical measurement
ASTM F1551-03 35.7 INCHES / 90.7 CM AVERAGE BALL BOUNCE Standard test methods for comprehensive characterization of synthetic turf playing surfaces and materials
ASTM F1551-03 STATIC COF: 1.40 DYNAMIC COF: 1.10 SOCCER SHOE TRACTION DRY Standard test methods for comprehensive characterization of synthetic turf playing surfaces and materials
ASTM F1551-03 STATIC COF: 1.40 DYNAMIC COF: 0.90 SOCCER SHOE TRACTION WET Standard test methods for comprehensive characterization of synthetic turf playing surfaces and materials
ASTM F1551-03 STATIC COF: 1.60 DYNAMIC COF: 1.10 FOOTBALL SHOE TRACTION DRY Standard test methods for comprehensive characterization of synthetic turf playing surfaces and materials
ASTM F1551-03 STATIC COF: 1.40 DYNAMIC COF: 1.10 FOOTBALL SHOE TRACTION WET Standard test methods for comprehensive characterization of synthetic turf playing surfaces and materials
ASTM D5848-07 67.17 OZ Y² / 2.28 KG M² TOTAL WEIGHT Standard test method for mass per unit area of pile yarn floor coverings
ASTM D5848-07 40.97 OZ Y² / 1.39 KG M² PILE WEIGHT Standard test method for mass per unit area of pile yarn floor coverings
ASTM D5848-07 7.85 OZ Y² / 0.27 KG M² PRIMARY BACKING WEIGHT Standard test method for mass per unit area of pile yarn floor coverings
ASTM D5848-07 18.35 OZ Y² / 0.62 KG M² SECONDARY BACKING WEIGHT Standard test method for mass per unit area of pile yarn floor coverings
ASTM D5823-05A 2.10 INCHES / 53.34 MM PILE HEIGHT Standard test method for tuft height of pile floor coverings
ASTM D1335-05 EXCEEDS STC STANDARDS TUFT BIND STRENGTH Standard test method for tuft bind of pile yarn floor coverings
ASTM D5034-09 (MD) 243.0 LBS FORCE / 1,081 N GRAB TEAR STRENGTH Standard test method for breaking strength and elongation of textile fabrics (grab test)
ASTM D5034-09 (CMD) 227.0 LBS FORCE / 1,014 N GRAB TEAR STRENGTH Standard test method for breaking strength and elongation of textile fabrics (grab test)
ASTM D5793-05 9 PER 3 INCHES / 9 PER 7.6 CM STITCHES PER 3 INCHES Standard test method for binding sites per unit length or width of pile yarn floor coverings
ASTM D5793-05 3/8 INCH / 9.5 MM MACHINE GAUGE Standard test method for binding sites per unit length or width of pile yarn floor coverings
ASTM D2859-06 PASS FLAMMABILITY - PILL BURN Standard test method for ignition characteristics of finished textile floor covering materials
ASTM E648-08B N/A FLAMMABILITY - RADIANT PANEL Standard test method for critical radiant flux of floor-covering systems using a radiant heat energy source
ASTM F1951-09 PASS WHEEL CHAIR ACCESSIBILITY Standard specification for determination of accessibility of surface systems under and around playground equipment
BS7044 - METHOD 4 EXCEEDS 40 INCHES (1016 MM) PER HR INFILTRATION RATE Determination of infiltration rate-buffered ponding-type infiltrometer
ASTM D1907-07 9,385 DENIER / 10,428 DTEX FIBER DENIER Standard test methods for linear density of textile fibers by the Skein Method
ASTM D3218-07 0.00450 INCHES / 0.11 MM FIBER THICKNESS Standard specification for polyolefin monofilaments
ASTM D3218-07 0.40 INCHES / 10.16 MM FIBER WIDTH Standard specification for polyolefin monofilaments
ASTM D789-07 248°F / 120°C FIBER MELTING POINT Standard test methods for determination of solution viscosities of polyamide (pa)
ASTM D792-08 0.951 FIBER SPECIFIC GRAVITY Standard test methods for density and specific gravity (relative density) of plastics by displacement
ASTM D2256-02(2008) 24.07 LBS / 107.1 N FIBER BREAKING STRENGTH Standard test method for tensile properties of yarns by the single-strand method
ASTM D2256-02(2008) 47.5 % FIBER ELONGATION Standard test method for tensile properties of yarns by the single-strand method
Individual Testing Reports are available upon request, which provide the detailed test results and specific procedures.
ALL TESTS PERFORMED BY TESTING SERVICES, INC., DALTON, GA
2.0 / 51MM FIBER HEIGHT
GRASS ZONE
RESOLUTION 2015-_______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTA AUTHORIZING THE ESTABLISHMENT OF
A CALIFORNIA MULTIPLE AWARD SCHEDULE
CONTRACT FROM SPORTS SURFACES DISTRIBUTING,
INC., IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF REQUEST FOR PROPOSAL NUMBER
GS-07F-556OP AND THE COOPERATIVE AGREEMENT
(CONTRACT NO. 4-15-78-0033B) WITH THE
DEPARTMENT OF GENERAL SERVICES FOR
ARTIFICIAL TURF REPLACEMENT AT THE SALT CREEK
SOCCER ARENA
R
ECITALS
WHEREAS, the Salt Creek Soccer Arena was opened in June 10, 2006 as a part of the
Salt Creek Park and Recreation Center project; and
t
WHEREAS,he arena is one of kind in Chula Vista and is used seven days a week for
recreation programming for youth and adults;and
WHEREAS, the field is programed by staff and heavily used by soccer teams with the
community taking advantage of breaks between scheduled leagues and events; and
WHEREAS, this asset has reached the end of its useful life cycle requiring restoration;
and
WHEREAS, the constant use of the soccer arena has contributed to substantial wear and
tear of the synthetic turf causing a safety concern;and
WHEREAS, the State of California General Services Department established a California
Multiple Award Schedule contract with Sports Surfaces Distributing, Inc. for the purchase on
and warranty of sport facility flooring and installation(CMAS contract No. 4-15-78-0033B); and
WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140and Council
PolicyNo. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
agencies for the purchase of materials of common usage, provided that such items are purchased
through a competitive process that the Purchasing Agent determines is consistent with good
purchasing practices;and
WHEREAS,the Purchasing Agent has determined that the competitive process used for
CMAS contract No. 4-15-78-0033B was consistent with good purchasing practices.
NOW, THEREFORE BE IT RESOLVED by the City Council ofthe City of Chula Vista that it
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approvesthe establishment of a California Multiple Award Schedule (CMAS) contract from
Sports Surfaces Distributing, Inc., in accordance with the terms and conditions of request for
proposal number GS-07f-556op and the cooperative agreement(CMAS contract no. 4-15-78-
0033B) with the Department of General Services for artificial turf replacemen,t 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 the
same.
Presented byApproved as to form by
___________________________ ___________________________
Richard A. HopkinsGlen R. Googins
Director of Public WorksCity Attorney
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City of Chula Vista
Staff Report
File#:15-0359, Item#: 2.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTACONSENTINGTO
INCLUSIONOFPROPERTIESWITHINTHECITY’SJURISDICTIONINTHECALIFORNIAHERO
PROGRAMTOFINANCEDISTRIBUTEDGENERATIONRENEWABLEENERGYSOURCES,
ENERGYANDWATEREFFICIENCYIMPROVEMENTSANDELECTRICVEHICLECHARGING
INFRASTRUCTURE,APPROVINGANAMENDMENTTOTHEWESTERNRIVERSIDECOUNCIL
OFGOVERNMENTSJOINTPOWERSAGREEMENTTOADDTHECITYASAMEMBER,AND
APPROVING AN INDEMNITY AGREEMENT WITH THE PROGRAM ADMINISTRATOR
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnJune6,2015,perResolution2015-115,CityCouncilapprovedPropertyAssessedCleanEnergy
(PACE)ProgramGuidelinestohelpguideexpansionofPACEprogramofferingsavailabletoChula
Vistaproperty-owners.Currently,ChulaVistaproperty-ownerscanonlychoosebetweentwo
differentPACEprograms:thelocalCleanEnergyChulaVistaprogram(administeredbyYgrene
EnergyFund)andthestatewideCaliforniaFIRSTprogram(administeredbytheCaliforniaStatewide
CommunityDevelopmentAuthority&RenewableFunding).TheCityisaddingtheHEROProgram
asanotherPACEprogramofferinginordertoprovideproperty-ownerswithmorechoices,potentially
createmorecompetitiveratesinthemarket,andmaximizethenumberofcompletedenergyand
water efficiency retrofits in the community.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelines;therefore,pursuanttoSection15060(c)
(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.Thus,noenvironmentalreview
is necessary.
BOARD/COMMISSION RECOMMENDATION
OnOctober13,2014,theResourceConservationCommissionrecommendedthattheCityCouncil
expandPropertyAssessedCleanEnergy(PACE)programofferingsinChulaVistatoprovidegreater
customer choice and to maximize energy and water efficiency retrofit opportunities.
DISCUSSION
AspartofitsClimateActionPlanimplementation,theCityhasbeenpursuingtheestablishmentof
PropertyAssessedCleanEnergy(PACE)programs,whichallowproperty-ownerstofinanceenergy
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File#:15-0359, Item#: 2.
andwater-savingimprovementsthroughavoluntarytaxassessmentontheirproperty.Theresulting
utilitysavingsareusedtohelpoffsetthenewassessmentandtheassessmentobligationsgenerally
transferwiththepropertyuponsale,becausethenewownercontinuestobenefitfromtheefficiency
improvements.PACEprogramswereauthorizedunderCaliforniaAssemblyBill811andSenateBill
555andhavesuccessfullyfacilitatedbuildingenergyandwaterupgradesinover230California
communities,whilecreatinglocaleconomicdevelopmentbenefits.Typically,third-party
administrators,onbehalfofhostjurisdictionsorjointpowersauthorities,managetheday-to-day
programoperationsincludingcontractoroutreach,property-ownerenrollment,andprivatefinancing
coordination.
TheCityestablisheditsfirstPACEprograminDecember2013andhassincebeenapproachedby
otherproviderswhowouldliketooffertheirprogramstoCityresidents.OneofthoseistheHERO
Program(“HERO”).HEROwouldallowpropertyownersintheCityanotherPACEfinancingoption.If
apropertyownerchoosestoparticipate,theinstalledimprovementswillbefinancedbytheissuance
ofbondsbyajointpowersauthority,WesternRiversideCouncilofGovernments(“WRCOG”).The
bondsaresecuredbyavoluntarycontractualassessmentleviedonsuchowner’sproperty,withno
recoursetotheCity.Participationintheprogramisvoluntary.Propertyownerswhowishto
participateintheprogramagreetorepaytheamountborrowedthroughthevoluntarycontractual
assessmentcollectedtogetherwiththeirpropertytaxes.Thisfinancingisavailableforeligible
improvements on both residential and non-residetnial properties.
TheHEROProgram(forPACEfinancing)hasbeenverysuccessfulinWesternRiversideCounty,
sinceitslaunchinlate2011;theProgramhasfundedover$570millioninprojectsfor29,000projects
todate.Becauseofitssuccess,theCaliforniaHEROProgramisnowbeingofferedtoprovide
additionalCaliforniacitiesandcountieswithaturnkeyprogramthatsavessignificanttime,costand
localresourcesthatwouldotherwisebeneededtodevelopanewlocalprogram.Over290
jurisdictionsinCaliforniahaveapprovedtheHEROProgramfortheirresidentstodate.The
CaliforniaHEROprogramcomplieswiththeCity’sprogramandunderwritingguidelinesthatensure
high levels of program accountability and consumer protection.
ParticipantsinthePACEprogramwillbeassessedviatheirregularpropertytaxbill.TheCountyof
SanDiegohasenteredintoanAgreementforCollectionofTaxesandSpecialAssessmentswith
WRCOG(seeAttachment1tothisreport).FundswillbecollectedbytheCountyofSanDiegoand
remitteddirectlytoWRCOG.TheCityofChulaVistawillhavenoroleintheplacementofPACE
assessments on the tax roll or the remittance of funds collected to WRCOG.
ApprovalofthisresolutionwillexpandPACEprogramchoicesfromtwotothree.Staffwillbe
submitting additional PACE program offerings for City Council’s consideration in the future.
AdoptionoftheresolutionwillapproveanamendmenttotheWRCOGJointPowersAgreement(the
“Amendment”)toaddtheCityasanAssociateMembertotheAuthorityforthepurposeoffacilitating
implementationoftheHEROProgramintheCity,andwillalsoapproveanindemnityagreementwith
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theHEROProgram’sthirdpartyadministrator,RenovateAmerica,Inc(the“Agreemet”).The
AmendmentandtheAgreementrequiretheWRCOGandRenovateAmerica,Inc.todefendand
indemnifytheCityandtoconducttheHEROPrograminaccordancewithstateandlocallaw,andthe
City’s PACE Program Guidelines.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.PACEprograms
supporttheHealthyCommunitygoalastheyfundenergyandwaterupgradesinthecommunity,
whichisakeyobjectiveunderInitiative3.2.1.-“Designandimplementinnovativeenvironmental&
conservation programs.”
CURRENT YEAR FISCAL IMPACT
ThereisnonetfiscalimpacttotheCity’sGeneralFundfromaddingCaliforniaHEROProgramas
anotherPACEprogramoffering.PACEprogramsareimplementedatno-costtotheCityandstaff
timeassociatedwithreviewingadditionalPACEprogramswouldbereimbursedthroughtheCity’s
Local Government Partnership with San Diego Gas & Electric.
ONGOING FISCAL IMPACT
ThereisnoongoingfiscalimpacttotheCity’sGeneralFundfromexpandingPACEprogram
offerings.
ATTACHMENTS
1.CountyofSanDiegoAgreementforCollectionofTaxesandSpecialAssessmentswith
WRCOG
2.Addendum to JPA (Exhibit A)
3.Indemnification Agreement (Exhibit B)
Staff Contact: Robert Beamon
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This document contains the following:
1.CurrentJPA
2.Addendum#1 re addition of City of Wildomar (8/4/08)
3.Addendum #2 re addition of City of Menifee (10/6/08)
4.Addendum #3 re addition of Eastern and Western Municipal Water Districts (5/11/09)
5.Addendum #4 re addition of City of Eastvale (10/1/10)
6.Addendum #5 re addition of City of Jurupa Valley (7/1/11)
7.Addendum #6 to permit the provision of PACE services (local HERO) (10/23/12)
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Updated through June 4, 2013
Revised
JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
ThisAgreementismadeandenteredintoonthe 1st day of April,1991,pursuant
to Government Code Section 6500 et.seq.and other pertinent provisions of law, by and
between six or more of the cities located within Western Riverside County and the
County of Riverside.
R E C I T A L S
A. Each member and party to this Agreementis a governmentalentity
established bylawwith fullpowers ofgovernment in legislative, administrative, financial,
and other related fields.
B. The purpose of the formation is to provide an agency to conduct studies
and projects designed to improve and coordinate the common governmental
responsibilities and services on an area-wide and regional basis through the
establishment of an association of governments.The Council will explore areas of inter-
governmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
C.When authorized pursuant to an Implementation Agreement, the Council
shall manage and administer thereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
20323.00002\\1494125.6
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I.
PURPOSE AND POWERS
1.1Agency Created.
There is hereby created a public entity to be known as the "Western
Riverside Council of Governments" ("WRCOG").WRCOG is formed by this Agreement
pursuant to the provision ofGovernment Code Section 6500 et.seq.and other
pertinent provision of law.WRCOG shall be a public entity separate from the parties
hereto.
1.2Powers.
1.2.1.WRCOG establishedhereunder shallperform all necessary
functions to fulfillthe purposes ofthis Agreement.Among other functions, WRCOG
shall:
a.Serveas a forum for consideration,study and recommendation on
area-wide and regional problems;
b.Assemble information helpful in the consideration of problems
peculiar to Western Riverside County;
c. Explorepracticalavenuesfor intergovernmental cooperation,
coordination and action in theinterest of local public welfare and means of
improvements in the administration of governmental services; and
d.Serveastheclearinghousereview body for Federally-funded
projects in accordance with Circular A-95 in conjunction withtheSouthernCalifornia
Association of Governments.
2
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1.2.2. The Council shall have the power in its own name to do any of the
following;
a.When necessary for the day to day operation of the Council, to
make and enter into contracts;
b.To contract for the services ofengineers, attorneys, planners,
financial consultants and separate and apart therefrom to employ such other persons,
as it deems necessary;
c. To apply for an appropriate grant or grants under anyfederal,state,
orlocalprograms.
d.To receive gifts, contributions and donations of property, funds,
services and other forms of financial assistancefrom persons, firms, corporations and
any governmental entity;
e.Tolease, acquire, construct, manage, maintain, and operate any
buildings, works, or improvements;
f.To delegate some or all of its powers to the Executive Committee
and the Executive Director of the Council as hereinafter provided.
1.2.3The association shall have the power in its own name, only with the
approval of all affected member agencies to;
a.Acquire, hold and dispose of property by eminent domain, lease,
lease purchase or sale.
b.Toincurdebts,liabilities,obligations, and issue bonds;
II.
ORGANIZATION OF COUNCIL
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2.1Parties.
The parties to WRCOG shall be the County of Riverside and each city
located within Western Riverside County which has executed or hereafter executes this
Agreement, or any addenda, amendment, or supplement thereto and agrees to such
become a member upon suchterms and conditions as established by the general
council or executive committee, and which has not, pursuant to provisions hereof,
withdrawn therefrom.Only the parties identified in this section and Associate Members
approved under section 8.2 of this Agreement, if any, shall be considered contracting
parties to this Agreement under Government Code section 6502, provided that the
rights of any Associate Member under this Agreement shall be limited solely those
rights expressly set forth in a PACE Agreement authorized in section 8.2 of this
Agreement.
2.2Names.
The names, particular capacities and addresses of the parties at any time shall
be shown on Exhibit "A" attached hereto, as amended or supplemented from time to
time.
2.3Duties.
WRCOG shall do whatever is necessary and required to carry out the
purposes of this agreement and when authorized by an Implementation Agreement
pursuant to section 1.2.3 as appropriate,to make andenterintosuch contracts, incur
such debts and obligations, assess contributions from the members, and perform such
other acts as are necessary to the accomplishment of the purposes of such agreement,
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within the provisionsof Government CodeSection6500et seq.andas prescribed by
the laws of the State ofCalifornia.
2.4 Governing Body.
2.4.1.WRCOG shall be governed by a General Assembly with
membership consisting of the appropriate representatives from the County of Riverside,
each city which is a signatory to this Agreement, Western Municipal Water District, and
Eastern Municipal Water District, the number of which shall be determined as
hereinafter set forth.The General Assembly shall meet at least once annually,
preferably scheduled in the evening.Each member agency of the General Assembly
shall have one vote for each mayor,council member,county supervisor, and water
district board memberpresent at the General Assembly.The General Assembly shall
act only upon a majority of a quorum.A quorum shall consist of a majorityof the total
authorized representatives, provided that members representing a majority of the
member agencies are present.The General Assembly shall adopt and amend by-laws
for the administration and management of this Agreement,which when adopted and
approved shall be an integral part of this Agreement.Such by-laws may provide for the
management and administration of this Agreement.
2.4.2.ThereshallbeanExecutiveCommitteewhich exercises the powers
of this Agreement between sessions of the General Assembly.Members of the
Executive Committee shall be the Mayor from each of the member cities, four members
of the Riverside County Board of Supervisorsand the President of each Water District,
the remaining member of the Board of Supervisors shall serve as an alternate, except
any City Council, at its discretion, can appoint a Mayor Pro Tem or other city council
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member in place of the Mayor, and each water district board, at its discretion, can
appoint another board member in place of the President.The Executive Committee
shall actonly upon a majority of a quorum.A quorum shall consist of a majority ofthe
member agencies.Membership of the Water Districts on the General Assembly and
Executive Committee of WRCOG shall be conditioned on the Water Districts entering
into a separate Memorandums of Understanding with WRCOG.
2.4.3.Each member of the General Assembly and the Executive
Committee shall be a current member of the legislative body such member represents.
2.4.4. Each participating memberontheExecutive Committee shallalso
have an alternate, whomust alsobea currentmemberofthelegislativebodyofthe
partysuch alternate represents.The name of thealternatemembersshallbeonfile
withtheExecutive Committee.In the absence of the regular member from an agency,
the alternate member from suchagency shallassume allrightsand duties of the absent
regular member.
2.5Executive Director.
The Executive Director shall be the chief administrative officer of the
Council.He shall receive such compensation as may be fixed by the Executive
Committee.The powers and duties of the Executive Director shall be subject to the
authority of the Executive Committee and include the following:
a.To appoint, direct and remove employees of the Council.
b.Annually to prepare and present a proposed budget to the Executive
Committee and General Assembly.
c. Serve as Secretary of the Council and of the Executive Committee.
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d.To attend meetings of the Executive Committee.
e.To perform such other andadditional duties as the Executive Committee
may require.
2.6Principal Office.
The principal office of WRCOG shall be established by the Executive
Committee and shall be located within Western Riverside County.The Executive
Committee is hereby granted full power and authority to change said principal office
from one location to another within Western Riverside County.Any change shall be
noted by the Secretary under this section but shall not be considered an amendment to
this Agreement.
2.7Meetings.
The Executive Committeeshall meetat the principal office of the agency
or at such other place as may be designated by the Executive Committee.The time
andplaceof regular meetings of the Executive Committee shall be determined by
resolution adopted bythe Executive Committee;a copy of such resolution shall be
furnished toeach party hereto.Regular, adjourned and special meetings shall be called
and conducted in accordance withthe provisions oftheRalph M.Brown Act,
Government Code Section 54950 et.seq., as it may be amended.
2.8Powers and Limitations of the Executive Committee.
Unless otherwise provided herein, each member or participating alternate
of the Executive Committee shall be entitled to one vote, and a vote of the majority of
those present and qualified to vote constituting a quorum may adopt any motion,
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resolution, or order and take any other action they deemappropriate to carryforward
the objectives of the Council.
2.9Minutes.
The secretary of the Council shall cause to be kept minutes of regular
adjourned regular and special meetings of the General Assembly and Executive
Committee, and shall cause a copy of the minutes to be forwarded to each member and
to each of the members hereto.
2.10Rules.
The Executive Committee may adoptfrom time to time such rules and
regulations for the conduct of itsaffairs consistent with this agreement or any
Implementation Agreement.
2.11Vote or Assent of Members.
The vote, assent or approval of the members in any manner as may be
required, hereunder shall be evidenced by a certified copy of the action of the governing
body of such party filed withthe Council.It shall be the responsibility of the Executive
Director to obtain certified copies of said actions.
2.12Officers.
Thereshall beselected from the membership of the ExecutiveCommittee,
a chairperson and a vice chairperson.The Executive Director shall be the secretary.
The Treasurer of the County of Riverside shall be the Treasurer of the Council and the
Controller or Auditor of the County of Riverside shall be the Auditor of the Council.
Such persons shall possess the powers of, and shall perform the treasurer and auditor
functions respectively, for WRCOG and perform those functions required of them by
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Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws
and regulations, including any subsequent amendments thereto.
The chairperson and vice chairperson, shall hold office for a period of one
year commencing July 1st of each and every fiscal year;provided, however, the first
chairperson and vice chairperson appointed shall hold office from the date of
appointment to June 30th of the ensuing fiscal year.Except for the Executive Director,
any officer, employee, or agent of the Executive Committee may also be an officer,
employee, or agent of any of the members.The appointment by the Executive
Committee of such a person shall be evidence that the two positions are compatible.
2.13Committees.
The Executive Committee may,as it deems appropriate, appoint
committees to accomplish the purposes set forth herein.All committee meetings of
WRCOG, including those of the Executive Committee, shall be open to all members.
2.14Additional Officers and Employees.
The Executive Committee shall have the power to authorizesuch
additional officers and assistants as may be appropriate.Such officers and employees
may also be, but are not required to be, officers and employees of the individual
members.
2.15Bonding Requirement.
The officers or persons who have charge of, handle, or have access to
any property of WRCOG shall be the members of the Executive Committee, the
treasurer, the Executive Director, and any other officers or persons to be designated or
empowered by the Executive Committee.Each such officer or person shall be required
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to file an official bond with the Executive Committee in an amount which shall be
established by the Executive Committee.Should the existing bond or bonds of any
such officer be extended to cover the obligations provided herein, said bond shall be the
official bond required herein.The premiums on any such bonds attributable to the
coverage required herein shall be appropriate expenses of WRCOG.
2.16Status of Officers and Employees.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, worker's compensation, and other
benefits which apply to the activity of officers, agents, or employees of any of the
members when performing their respective functions shall applyto themtothesame
degreeandextent while engaged in the performance of any of the functions and other
duties under this Agreement.None of the officers,agents, or employees appointed by
the Executive Committee shall be deemed, by reason of their employment by the
Executive Committee, to be employed by any of the members or, by reason of their
employment by the Executive Committee, to be subject to anyof the requirements of
such members.
2.17Restrictions.
Pursuant to Government Code Section 6509, forthe purposes of determining the
restrictions to be imposed by the Council in its exercise of the above-described joint
powers, reference shall be made to, and the Council shall observe, the restrictions
imposed upon the County of Riverside.
2.18Water Districts and TUMF Matters.
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Pursuant to this Joint Powers Agreement, WRCOG administers the
Transportation Mitigation Fee (“TUMF”) for cities in western Riverside County. The fee
was established prior to the Water District’s involvement with WRCOG and will fund
transportation improvements for the benefit of the County of Riverside and the cities in
western Riverside County. As such, the Western Municipal Water District and the
Eastern Municipal Water District General Assembly and Executive Committee Members
shall not vote on any matter related to the administration of the TUMF program or the
expenditure of TUMF revenues.
III
FUNDS AND PROPERTY
3.1Treasurer.
The Treasury of the member agency whose Treasurer is the Treasurer for
WRCOG shall be the depository for WRCOG.The Treasurer of the Council shall have
custody of all funds and shall provide for strict accountability thereof in accordance with
Government Code Section 6505.5 and other applicable laws of theState of California.
He or she shall perform all of the duties required in Government Code Section 6505 and
following, such other duties as may be prescribed by the Executive Committee.
3.2.Expenditure of Funds.
The funds under this Agreement shall be expended only in furtherance of the
purposes hereof and in accordance with thelawsoftheStateof Californiaand standard
accounting practices shall be used to account for all funds received and disbursed.
3.3.Fiscal Year.
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WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each
yearand continuing until June 30 of the succeeding year.Prior to July 1 of each year,
the General Assembly shall adopt a final budget for the expenditures of WRCOG during
the following fiscal Year.
3.4.Contributions/Public Funds.
In preparing the budget, the General Assembly by majority vote of a quorum shall
determine the amount of funds which will be required from its members for thepurposes
of this Agreement.Thefunds required from its members after approval of the final
budget shall be raised by contributions 50% of which will be assessed on a per capita
basis and 50% on an assessed valuation basis, each city paying on the basis of its
population and assessed valuation and the County paying on the basis of thepopulation
and assessed valuation withinthe unincorporated area of Western Riverside County as
defined in theby-laws.The parties,when informed of their respective contributions,
shall pay the same before August lst of the fiscal year for which they are assessed or
within sixty days of beinginformed of the assessment, whichever occurs later.In
addition to the contributions provided, advances of public funds from the parties may be
made for the purposes of this Agreement.When such advances are made, they shall
be repaid from the first available funds of WRCOG.
The General Assembly shall have the power to determine that personnel,
equipment or property of one or more of the partiesto the Agreement may be used in
lieu of fund contributions or advances.
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All contributions and funds shall be paid to WRCOG and shall be disbursed by a
majority vote of a quorum of the Executive Committee, as authorized by the approved
budget.
3.5Contribution from Water Districts.
The provision of section 3.4 above shall be inapplicable to the Western Municipal
Water District and the Eastern Municipal Water District. The amount of contributions
from these water districts shall be through the WRCOG budget process.
IV
BUDGETS AND DISBURSEMENTS
4.1Annual Budget.
The Executive Committee may at any time amend the budget to
incorporate additional income and disbursements that might become available to
WRCOG for its purposes during a fiscal year.
4.2Disbursements.
The Executive Director shall request warrants from the Auditor in
accordance with budgets approved by the General Assembly or Executive Committee
subject to quarterly review by the Executive Committee.The Treasurer shall pay such
claims or disbursements and such requisitions for payment in accordance with rules,
regulations, policies, proceduresand bylaws adopted by the Executive Committee.
4.3Accounts.
All funds will be placed in appropriate accounts and the receipt, transfer,
or disbursement of such funds during the term of this Agreement shall be accounted for
in accordance with generally accepted accounting principles applicable to governmental
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entities and pursuant to Government Code Sections 6505 et seq.and any other
applicable laws of the State of California.Thereshall be strict accountability of all
funds.All revenues and expenditures shall be reported to the Executive Committee.
4.4Expenditures Within Approved Annual Budget.
Allexpendituresshallbe madewithinthe approved annual budget.No
expenditures in excess of those budgeted shall be made without the approval of a
majority of a quorum of the Executive Committee.
4.5Audit.
The records and accounts of WRCOG shall be audited annually by an
independent certified public accountant and copies of such audit report shall befiled
with the CountyAuditor, State Controller and each party to WRCOG no later than fifteen
(15) days after receipt of said audit by the Executive Committee.
4.6Reimbursement of Funds.
Grant funds received by WRCOG from any federal, state, or local agency
to pay for budgeted expenditures for which WRCOG has received all or a portion of said
funds from the parties hereto shall be used as determined by WRCOG's Executive
Committee.
V
LIABILITIES
5.1Liabilities.
The debts, liabilities, and obligation of WRCOG shall be the debts,
liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.
5.2Hold Harmless and Indemnity.
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Each party hereto agrees to indemnify and hold the other parties harmless
from all liability for damage, actual or alleged, to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party or its employees.
Where the General Assembly or Executive Committee itself or its agents or employees
are held liable for injuries to persons or property, each party's liability for contribution or
indemnity for such injuries shall be based proportionately upon the contributions (less
voluntary contributions) of each member.In the event of liability imposed upon any of
the parties to this Agreement, or upon the General Assembly or Executive Committee
created by this Agreement,for injury which is caused by the negligent or wrongful act or
omission of any of the parties in the performance of this Agreement, the contribution of
the party or parties not directly responsible for the negligent or wrongful act or omission
shallbelimitedtoOneHundredDollars ($100.00).The party or parties directly
responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and
holdallotherpartiesharmless from any liabilityfor personal injury or property damage
arising out of the performance of this Agreement.The voting for or against a matter
being considered by the General Assembly or executive or other committee or
WRCOG, or abstention from voting on such matter, shall not be construed to constitute
a wrongful act or omission within the meaning of this Subsection.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.1Admission of New Parties.
It is recognized that additional cities other than the original parties, may
wish to participate in WRCOG.Any Western Riverside County city may become a party
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to WRCOG upon such terms and conditions as established by the General Assembly or
Executive Committee.Any Western Riverside County city shall become a party to
WRCOG by the adoption by the city council of this agreement and the execution of a
written addendum thereto agreeing to the terms of this Agreement and agreeing to any
additional terms and conditions that may be established by the general assembly or
Executive Committee.Special districts which are significantly involved in regional
problems and the boundaries of which include territory within the collective area of the
membership shall be eligible for advisory membership in the Council.The
representative of any such advisory member may participate in the work of committees
of the Council.
6.2Withdrawal from WRCOG.
It is fully anticipated that each party hereto shall participatein WRCOG
untilthepurposes set forthinthis Agreement are accomplished.The withdrawal of any
party, either voluntaryorinvoluntary,unlessotherwiseprovidedbythe General
Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed
public hearing, written notice shall be given to WRCOG, six months prior to the effective
date of withdrawal;
b. Withdrawalshallnot relieve theparty of its proportionate share of
any debts or other liabilities incurred by WRCOGpriortothe effective date of the
parties' notice of withdrawal;
c. Unless otherwise provided by a unanimous vote of the Executive
Committee, withdrawal shall result in the forfeiture of that party's rights and claims
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relating to distribution of property and funds upon termination of WRCOG as set forth in
Section VII below;
d. Withdrawal from any Implementation Agreement shall not be
deemed withdrawal from membership in WRCOG.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.1Termination of this Agreement.
WRCOG shall continue to exercise the joint powers herein until the
termination ofthis Agreement and any extension thereof oruntilthepartiesshallhave
mutuallyrescindedthis Agreement; providing, however, that WRCOG and this
Agreement shall continue to exist for the purposes of disposing of all claims, distribution
ofassetsand allotherfunctionsnecessary to conclude the affairs of WRCOG.
Termination shall be accomplished by written consent of all of the parties,
or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies
enumerated herein so as to leaveless than five of the enumerated agenciesremaining
in WRCOG.
7.2Distribution of Property and Funds.
In the event of the termination of this Agreement, anyproperty interest
remaining in WRCOG following the discharge of all obligations shall be disposed of as
the Executive Committee shall determine with the objective of distributing to each
remaining party a proportionate return on the contributions made to such properties by
such parties, less previous returns, if any.
VIII
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PACE IMPLEMENTATION AND PARTICIPATION AGREEMENTS;
ASSOCIATE MEMBERSHIP
8.1Execution of Agreement.
When authorized by the Executive Committee, any affected member
agency or agencies enumerated herein, may execute an Implementation Agreement for
the purpose of authorizing WRCOG to implement, manage and administer area-wide
and regional programs in the interest of the local public welfare. The costs incurred by
WRCOG in implementing a program including indirect costs, shall be assessed only to
those public agencies who are parties to that Implementation Agreement.
8.2PACE Agreements; Associate Membership.
WRCOG shall be empowered to establish and operate one or more
Property Assessed Clean Energy (“PACE”) programs pursuant to Chapter 29 of the
Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways
Code, and to enter into one or more agreements, including without limitation,
participation agreements, implementation agreements and joint powers agreements and
amendments thereto to fulfill such programs both within and outside the jurisdictional
boundaries of WRCOG.
WRCOG, acting through its Executive Committee, shall be empowered to
establish an “Associate Member” status that provides membership in WRCOG to local
jurisdictions that are outside WRCOG’s jurisdictional boundaries but within whose
boundaries a PACE program will be established and implemented by WRCOG. Said
local jurisdictions shall become Associate Members of WRCOG by adopting one or
more agreements (the “PACE Agreement”) on the terms and conditionsestablished by
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the Executive Committee and consistent with the requirements of the Joint Exercise of
Powers Act, being 5 of Division 7, Title 1 of the California Government Code (Sections
6500 et seq.). The rights of Associate Members shall be limited solely to those terms
and conditions expressly set forth in the PACE Agreement for the purposes of
implementing the PACE program within their jurisdictional boundaries. Except as
expressly provided for by the PACE Agreement, Associate Members shall not haveany
rights otherwise granted to WRCOG’s members by this Agreement, including but not
limited to the right to vote, right to amend this Agreement, and right to sit on committees
or boards established under this Agreement or by action of the Executive Committee or
the General Assembly, including, without limitation, the General Assembly and the
Executive Committee.
IX
MISCELLANEOUS
9.1Amendments.
This Agreement may be amended with the approval of not less than
two-thirds (2/3) of all member agencies.
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9.2Notice.
Anynotice orinstrumentrequiredto begiven or delivered by depositing
the same in any United States Post Office, registered or certified, postage prepaid,
addressed to the addresses of the parties as shown on Exhibit "A",shall be deemed to
have been received by the party to whom the same is addressed at the expiration of
seventy-two (72) hours after deposit ofthe same intheUnitedStatesPost Officefor
transmission by registered or certified mail as aforesaid.
9.3Effective Date.
This Agreementshall be effective and WRCOG shall exist from and after
such date as this Agreement has been executed by any seven or more of the public
agencies, including the County of Riverside, as listed on page 1 hereof.
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9.4Arbitration.
Any controversyorclaimbetween anytwo ormore parties to this
Agreement, or between any such party or parties andWRCOG,withrespectto
disputes,demands,differences, controversies,ormisunderstandingsarisinginrelation
to interpretation of this Agreement, or any breach thereof, shall be submitted to and
determined by arbitration.The party desiring to initiate arbitration shall give notice of its
intention to arbitrate to every other party to this Agreement and to the Executive Director
of the Council.Such notice shalldesignate as "respondents" such other parties as the
initiating party intends to have bound by any award made therein.Any party not so
designated but which desires to join in the arbitration may, within ten (10) days of
service upon it of such notice, file with all other parties and with the Executive Director
of the Council a response indicating its intention to join in and to be bound by theresults
of the arbitration,andfurther designating any other parties it wishes to name as a
respondent.Withintwenty (20) days of the service of the initial demand for arbitration,
the initiating party and the respondent or respondents shall each designate a person to
act as an arbitrator.The designated arbitrators shall mutually designate the minimal
number ofadditional persons as arbitrators as may be necessary to create an odd total
number of arbitrators but not less than three to serve as arbitrator(s).
The arbitrators shall proceed to arbitrate the matter in accordance with the
provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et.seq.The
parties to this Agreement agree that the decision of the arbitrators will be binding and
will not be subject to judicial review except on the ground that the arbitrators have
exceeded the scopeof their authority.
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9.5Partial Invalidity.
If any one or more ofthe terms, provisions, sections, promises, covenants
or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable,
void or voidable for any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, sections, promises, covenants and conditions
of this Agreement shall not be affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
9.6Successors.
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hereto.
9.7Assignment.
The partieshereto shallnot assign anyrightsor obligations under this
Agreement without written consent of allother parties.
9.8Execution.
The Board of Supervisors of the County of Riverside and thecitycouncils
ofthe citiesenumerated herein haveeach authorizedexecutionof this Agreementas
evidenced by the authorized signatures below, respectively.
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Original Members Agencies
1.City of Banning
2.City of Beaumont (withdrawn)
3.City of Calimesa
4.City of Canyon Lake
5.City of Corona
6.City of Hemet
7.City of Lake Elsinore
8.City of Moreno Valley
9.City of Murrieta
10.City of Norco
11.City of Perris
12.City of Riverside
13.City of San Jacinto
14.City of Temecula
15.County of Riverside
Additional City Members
1.City of Eastvale (added on 08/02/2010, Resolution 01-11)
2.City of Jurupa Valley (added on 07/29/2011, Resolution 02-12)
3.City of Menifee (added on 10/06/2008, Resolution 03-09)
4.City of Wildomar (added on 08/04/2008, Resolution 01-09)
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THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
Participating Agencies
5.Eastern Municipal Water District (membership on the Governing Board
of WRCOG, 05/11/2009)
6.Western Municipal Water District (membership on the Governing Board
of WRCOG, 05/11/2009)
7.Riverside County Superintendent of Schools (membership as an ex-
officio, advisory member of WRCOG, 11/07/2011)
8.Morongo Band of Mission Indians (membership as an ex-officio,
advisory member of WRCOG, 6/4/2013)
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RESOLUTION NO. ______________
RESOLUTION OF THE CITY COUNCIL OF THE CITYOF
CHULA VISTACONSENTING TO INCLUSION OF
PROPERTIES WITHIN THE CITY’S JURISDICTION IN THE
CALIFORNIA HERO PROGRAM TO FINANCE
DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES,ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE,APPROVING ANAMENDMENT TO
THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTSJOINT POWERS AGREEMENT TO ADD
THE CITY AS A MEMBER, AND APRPOVING AN
INDEMNITY AGREEMENT WITH THE PROGRAM
ADMINISTRATOR
WHEREAS, the Western Riverside Council of Governments(“WRCOG”) (the
“Authority”) is a joint exercise of powers authority established pursuant to Chapter 5 of
Division 7, Title 1 of the Government Code of the State of California (Section 6500 and
following) (the “Act”) and the Joint Power Agreement entered into on April 1, 1991, as
amended from time to time (the “Authority JPA”); and
WHEREAS, Authority has established the California HERO Program to provide
for the financing of renewable energy distributed generation sources, energy and water
efficiency improvements and electric vehicle charging infrastructure (the
“Improvements”) pursuant to Chapter 29 of Part 3 of the Improvement Act of 1911,
being Division 7 of the California Streets and Highways Code (“Chapter 29”),within
counties and cities throughout the State of California that elect to participate in such
program; and
WHEREAS, the Cityof Chula Vista(the “City”) is committed to development of
renewable energysources and energy efficiency improvements, reduction of
greenhouse gases, protection of our environment, and reversal of climate change; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to
assist property owners in financing the cost of installing Improvementsthrough a
voluntary contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the California
HERO Program would promote the purposes cited above; and
WHEREAS, the Citywishes to provide innovative solutions to its property owners
to achieve energy and water efficiency and independence, and in doing so cooperate
with Authorityin order to efficiently and economically assist property ownersinthe City
in financing such Improvements; and
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WHEREAS, Authority has establishedthe California HERO Program, which is
such a voluntary contractual assessment program,as permitted by the Act, the
Authority JPA, originally made and entered into April 1, 1991, as amended to date, and
the Amendment to Joint Powers Agreement Adding the City of Chula Vistaas an
Associate Member of the Western Riverside Council of Governments to Permit the
Provision of Property Assessed Clean Energy (PACE) Program Services within the City
(the “JPA Amendment”), by and between Authority and the City, a copy of which is
attached as Exhibit “A” to this Resolution, to assist property owners within the
jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, Pursuant to the JPA Amendment, the Authority agrees to defend
and indemnify the City and to conduct the Program in accordance with state and local
law, and the City’s PACE Program Guidelines; and
WHEREAS, Renovate America, Inc., a Delaware corporation (the
“Administrator”), is the administrator of the Authority’sCalifornia HERO Program, and
agrees to fully indemnify the City with respect to the HERO Program,and to administer
the Program in accordance with state and local law, and the City’s PACE Program
Guidelines,pursuant to an indemnification agreement, attached as Exhibit B to this
Resolution (the “Indemnification Agreement”; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in
the case of delinquencies in the payment of any assessments or the issuance, sale or
administration of any bonds issued in connection with the California HERO Program.
1.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista,that: TheCity Councilfinds and declares that it is in the City’s best interest
to allow property owners to choose from multiple PACE programs,such asthe
California HERO Program,to finance the installation of the Improvements.
2.TheCity Councilconsents to inclusionin the California HERO Programof
all of the properties in the jurisdictional boundaries of the Cityand to the Improvements,
upon the request by andvoluntary agreement of owners of such properties, in
compliance with all local and statelaws, rules and regulationsapplicable to such
program;and to the assumption of jurisdiction thereover by Authorityfor the purposes
thereof, provided that
a.The legalowners of the properties that participate in the HERO Program
enter into a contract pursuant to Chapter 29 and comply with all other
applicable provisions of California law; and
b.The City will not be responsible for the conduct of any assessment
proceedings, the levy of assessment, any required remedial action in the
case of delinquencies in such assessment payments, or the issuance,
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sale or administration of any bonds issued in connection with the HERO
Program; and
c.The Authority and the Administrator will defend and indemnify the City
against any actions arising out of the HERO Program, pursuant to the
Indemnification Agreement.
3.The consent of theCity Councilconstitutes assent to the assumption of
jurisdiction by Authorityfor all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution,to take each
and every step required for or suitable for financing the Improvements, including the
levying, collecting and enforcement of the contractual assessments to finance the
Improvements and the issuance and enforcement of bonds to represent such
contractual assessments.
4.TheCity Council hereby approves the JPA Amendment 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 Mayorto execute same.
5.The City Council hereby approves the Indemnification Agreementin 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 Mayorto execute same.
6.City staff is authorized and directed to coordinate with Authoritystaff to
facilitate operation of the California HERO Programwithin the City, and report back
periodically to this City Councilon the successof suchprogram.
7.This Resolution shall take effect immediately upon its adoption. The City
Clerk is directed to send a certified copy of this resolution to the Secretary of the
Authority Executive Committee.
Presented byApproved as to form by
Richard A. HopkinsGlen R. Googins
Director of Public WorksCity Attorney
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EXHIBIT A
AMENDMENT TOTHE JOINT POWERS AGREEMENT
ADDING CITY OF CHULA VISTA
AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PROPERTY ASSESSED CLEAN
ENERGY (PACE) PROGRAM SERVICES WITHIN SUCH CITY
This Amendment to the Joint Powers Agreement (“JPA Amendment”) is made and
entered into on the ___day of _____,2015, by City of Chula Vista(“City”) and the
Western Riverside Council of Governments (“Authority”) (collectively the “Parties”).
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant to
Chapter 5 of Division 7, Title 1 of the Government Code of the State of California
(Section 6500 and following) (the “Joint Exercise of Powers Act”) and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to time (the “Authority
JPA”); and
WHEREAS, as of October 1, 2012, Authority had 18 member entities (the “Regular
Members”).
WHEREAS, Chapter 29 of Part 3 of the Improvement Act of 1911, being Division 7 of
the California Streets and Highways Code (“Chapter 29”),authorizes cities, counties,
and cities and counties to establish voluntary contractual assessment programs,
commonly referred to as a Property Assessed Clean Energy (“PACE”) program, to fund
certain renewable energy sources, energy and water efficiency improvements, and
electric vehicle charging infrastructure (the “Improvements”) that are permanently fixed
to residential, commercial, industrial, agricultural or other real property; and
WHEREAS, Authority has established aPACE program to be known as the “California
HERO Program” pursuant to Chapter 29 which authorizes the implementation of such
PACE financing program for cities and counties throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to participate
in the California HERO Program and to allow Authority under Chapter 29, as it is now
enacted or may be amended hereafter, to finance Improvements to be installed on such
properties; and
WHEREAS, this JPA Amendment will permit City to become an Associate Member of
Authority and to participate in California HERO Program for the purpose of facilitating
the implementation of such program within the jurisdiction of City; and
WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are approving this
JPA Agreement to allow for the provision of PACE services through the California
HERO Program, including the operation of such PACE financing program, within the
incorporated territory of City; and
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WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and
Authority with respect to the implementation of the California HERO Program within the
incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
JPA Amendment.
A.
1.The Authority JPA. City agrees to the terms and conditions of the
Authority JPA, attached, as it applies to Associate Members.
2.Associate Membership. By adoption of this JPA Amendment, City shall
become an Associate Member of Authority on the terms and conditions set forth herein
and the Authority JPA and consistent with the requirements of the Joint Exercise of
Powers Act. The rights and obligations of City as an Associate Member are limited
solely to those terms and conditions expressly set forth in this JPA Amendment for the
purposes of implementing the California HERO Program within the incorporated territory
of City. Except as expressly provided for by thisJPA Amendment, City shall not have
any rights otherwise granted to Authority’s Regular Members by the Authority JPA,
including but not limited to the right to vote on matters before the Executive Committee
or the General Assembly, the right to amend or vote on amendments to the Authority
JPA, and the right to sit on committees or boards established under the Authority JPA or
by action of the Executive Committee or the General Assembly, including, without
limitation, the General Assembly and the Executive Committee. City shall not be
considered a member for purposes of Section 9.1 of the Authority JPA.
3.Rights of Authority. This JPA Amendment shall not be interpreted as
limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA
Amendment is intended to alter or modify Authority Transportation Uniform Mitigation
Fee (TUMF) Program, the PACE Program administered by Authority within the
jurisdictions of its Regular Members, or any other programs administered now or in the
future by Authority, all as currently structured or subsequently amended.
Implementation of California HERO Program within City Jurisdiction.
B.
1.Boundaries of the California HERO Program within City Jurisdiction. The
boundaries within which contractual assessments may be entered into under the
California HERO Program (the “Program Boundaries”) shall include the entire
incorporated territory of City.
2.Determination of Eligible Improvements. Authority shall determine the
types of distributed generation renewable energy sources, energy efficiency or water
conservation improvements, electric vehicle charging infrastructure or such other
improvements as may be authorized pursuant to Chapter 29 (the “Eligible
Improvements”) that will be eligible to be financed underthe California HERO Program.
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3.Implementation of California HERO Program Within the Program
Boundaries. Authority will undertake such proceedings pursuant to Chapter 29 as shall
be legally necessary to enable Authority to make contractual financing of Eligible
Improvements available to eligible property owners within the Program Boundaries.
4.Financing the Installation of Eligible Improvements. Authority shall
implement its plan for the financing of the purchase and installation of the Eligible
Improvements under the California HERO Program within the Program Boundaries.
5.Ongoing Administration. Authority shall be responsible for the ongoing
administration of the California HERO Program, including but not limited to producing
education plans to raise public awareness of the California HERO Program, soliciting,
reviewing and approving applications from residential and commercial property owners
participating in the California HERO Program, establishing contracts for residential,
commercial and other property owners participating in such program, establishing and
collecting assessments due under the California HERO Program, adopting and
implementing any rules or regulations for the California HERO Program, and providing
reports as required by Chapter 29.Authority shall administer the HERO Program in a
manner that is consistent with state and local law, and the City’s PACE Program
Guidelines, as such may be amended from time-to-time.
City will not be responsible for the conduct of any proceedings required to be taken
under Chapter 29; the levy or collection of assessments or any required remedial action
in the case of delinquencies in such assessment payments; or the issuance, sale or
administration of any bonds issued in connection with the California HERO Program.
6.Phased Implementation. The Parties recognize and agree that
implementation of the California HERO Program as a whole can and may be phased as
additional other cities and counties execute similar agreements. City entering into this
JPA Amendment will obtain the benefits of and incur the obligations imposed by this
JPA Amendment in its jurisdictional area, irrespective of whether cities or counties enter
into similar agreements.
Miscellaneous Provisions.
C.
1.Withdrawal. Authority may withdraw from this JPA Amendment upon six
(6) months written notice to City; provided, however, there is no outstanding
indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA
shall not apply to City under this JPA Amendment. City may withdraw approval for
conduct of the HERO Program within the jurisdictional limits of City upon thirty (30)
written notice to WRCOG without liability to the Authority or any affiliated entity. City
withdrawal shall not affect the validity of any voluntary assessmentcontracts (a) entered
prior to the date of such withdrawal or (b) entered into after the date of such withdrawal
so long as the applications for such voluntary assessment contracts were submitted to
and approved by WRCOG prior to the date of City’s noticeof withdrawal.
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2.Indemnification and Liability. Authority shall defend, indemnify and hold
the Cityand its directors, officials, officers, employees and agents,free and harmless
from any and all claims, demands, causes of action, costs, expenses, liabilities, losses,
damages or injuries of any kind, in law or equity, to property or persons, including
wrongful death, to the extent arising out of the willful misconduct or negligent acts,
errors or omissions of the Authorityor its directors, officials, officers, employees or
agents in connection with the California HERO Program administered under thisJPA
Amendment, including without limitation the payment of expert witness fees and
attorneys fees and other related costs and expenses, but excluding payment of
consequential damages. Without limiting the foregoing, Section 5.2 of the Authority JPA
shall not apply to this JPA Amendment. In no event shall any of Authority’s Regular
Members or their officials, officers or employees be held directly liable for any damages
or liability resulting out of this JPA Amendment.
3.Environmental Review. Authority shall be the lead agency under the
California Environmental Quality Act for any environmental review that may required in
implementing or administering the California HERO Program under this JPA
Amendment.
4.Cooperative Effort. City shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations hereunder.
City recognizes that one of its responsibilities related to the California HERO Program
will include any permitting or inspection requirements as established by City.
5.Notice. Any and all communications and/or notices in connection with this
JPA Amendment shall be either hand-delivered or sent by United States first class mail,
postage prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
City:
City of Chula Vista
276 Fourth Avenue
ChulaVista, CA 91910
Attn: Director of Public Works
6.Entire Agreement. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining to the subject matter
hereof. This JPA Amendment supersedes any and all other agreements, either oral or
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in writing, among the Parties with respect to the subject matter hereof and contains all
of the covenants and agreements among them with respect to said matters, and each
Party acknowledges that no representation, inducement, promise of agreement, oral or
otherwise, has been made by the other Party or anyone acting on behalf of the other
Party that is not embodied herein.
7.Successors and Assigns. This JPA Amendment and each of its
covenants and conditions shall be bindingon and shall inure to the benefit of the Parties
and their respective successors and assigns. A Party may only assign or transfer its
rights and obligations under this JPA Amendment with prior written approval of the other
Party, which approval shall notbe unreasonably withheld.
8.Attorneys’ Fees. If any action at law or equity, including any action for
declaratory relief is brought to enforce or interpret the provisions of this JPA
Amendment, each Party to the litigation shall bear its own attorneys’ fees and costs.
9.Governing Law. This JPA Amendment shall be governed by and
construed in accordance with the laws of the State of California, as applicable.
10.No Third Party Beneficiaries. This JPA Amendment shall not create any
right or interest in the public, or any member thereof, as a third party beneficiary hereof,
nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for
personal injuries or property damages under the provisions of this JPA Amendment.
The duties, obligations,and responsibilities of the Parties to this JPA Amendment with
respect to third party beneficiaries shall remain as imposed under existing state and
federal law.
11.Severability. In the event one or more of the provisions contained in this
JPA Amendment is held invalid, illegal or unenforceable by any court of competent
jurisdiction, such portion shall be deemed severed from this JPA Amendment and the
remaining parts of this JPA Amendment shall remain in full force and effect as though
such invalid, illegal,or unenforceable portion had never been a part of this JPA
Amendment.
12.Headings. The paragraph headings used in this JPA Amendment are for
the convenience of the Parties and are not intended to be used as an aid to
interpretation.
13.Amendment. This JPA Amendment may be modified or amended by the
Parties at any time. Such modifications or amendments must be mutually agreed upon
and executed in writing by both Parties. Verbal modifications or amendments to this
JPA Amendment shall be of no effect.
14.Effective Date. This JPA Amendment shall become effective upon the
execution thereof by the Parties hereto.
15.Administrative Claims Requirements and Procedures. No suit or
arbitration shall be brought arising out of this JPA Amendment, against City unless a
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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 a Party, the
Partiesshall meet and confer in good faith for the purpose of resolving any dispute over
the terms of this JPA Amendment.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be
executed and attested by their officers thereunto duly authorized as of the date first
above written.
\[SIGNATURES ON FOLLOWING PAGES\]
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WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By:Date:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF CHULA VISTA
By:Date:
Mary Casillas Salas, Mayor
Attest:
____________________________________
Donna Norris, City Clerk
Approved as to form:
____________________________________
Glen R. Googins, City Attorney
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City of Chula Vista
Staff Report
File#:15-0362, Item#: 3.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGAGRANT
FROMTHESANDIEGOFOUNDATION-COMMUNITYIMPACTDIVISIONANDTHE
BLOOMBERGAWARDFORLOCALSUSTAINABILITYMATCHINGFUND,TODEVELOPA
WATERREUSEFRAMEWORK,APPROPRIATING$135,000TOTHEWASTEMANAGEMENT
ANDRECYCLINGFUND,ANDAUTHORIZINGTHEPUBLICWORKSDIRECTORORDESIGNEE
TOEXECUTEALLGRANTDOCUMENTSANDIMPLEMENTPROJECTSFUNDEDBYTHE
GRANT (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
TheCityofChulaVistahasbeenselectedtoreceivea$67,500grantfromtheCommunityImpact
DivisionatTheSanDiegoFoundationtodevelopacomprehensive WaterReuseFramework that
incorporatespublicrecommendationsandinputtoguidetheCityofChulaVista’sexpansionofwater
reuse and conservation efforts.
Additionally,TheSanDiegoFoundationandtheCityofChulaVistahavebeenselectedtoreceive
matchingfunds($67,500)viatheBloombergAwardforLocalSustainabilityMatchingFund,aproject
oftheFunders’NetworkforSmartGrowthandLivableCommunities.Thismatchingfundisa
collaborativematchinggrantprogramthatconnectslocalgovernmentandphilanthropytoinvestin
sustainabilityprojectsthatpromoteahealthyenvironment,astrongeconomyandwell-beingforall
residents.Thematchingfundsbringthetotalgrantamountto$135,000viatheSanDiego
Foundation.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivity,acceptanceofagrantfrom
theSanDiegoFoundation-CommunityImpactDivisionandtheBloombergAwardforLocal
SustainabilityMatchingFund,todevelopawaterreuseframework,andappropriationofsaid
$135,000forcompliancewiththeCaliforniaEnvironmentalQualityAct(CEQA)andhasdetermined
thattheactivityisnota"Project"asdefinedunderSection15378(b)(4)oftheStateCEQAGuidelines
becausetheactivityisacceptanceandappropriationsoffundsforthedevelopmentofawaterreuse
frameworkonly,therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelinestheactivity
is not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
TheResourceConservationCommissionrecommendsCouncilacceptthegrant,appropriatethe
City of Chula VistaPage 1 of 4Printed on 8/6/2015
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File#:15-0362, Item#: 3.
fundsandauthorizethePublicWorksDirectororDesigneetoexecuteallgrantdocumentsand
implement projects funded by the grant.
DISCUSSION
Accordingto theSanDiego2050isCallingHowWillWeAnswer?reportreleasedbytheSanDiego
FoundationandClimateEducationPartnersin2014,regionalwaterdemandfromSanDiegoCounty
isexpectedtoincrease46percentby2035duetoourgrowingpopulation,risingtemperatures,
longerintervalswithoutrain,andincreasedevaporationfromthesoilandwaterreservoirs.Local
watersupplieswillbeunderstressfrommoreintenseandfrequentdrought,moreevaporationand
increasingwaterdemandduetorisingtemperaturesandpopulation.Wateravailabilityfromboththe
SierraNevadaMountains(viaStateWaterProject)andtheColoradoRiverwillalsobemorestressed
fromwarmingtemperaturesandextendeddroughtsthatreducetheamountofsnowpackandriver
flow. But, there is a lot we can do today to manage these changes and prepare for a “new normal”.
Whythisproject?TheCityofChulaVistaandtheSanDiegoFoundationchosetopartnerona
waterreuseprojectforconsiderationinRound6ofthePartnersforPlacesgrant,AdvancingChula
Vista’sResiliencyThroughWaterReuseOpportunities.Theresultofthisgrantpartnershipwillbea
formalWaterReuseFrameworktoguidetheCity’sexpansionofwaterreuseandconservation
efforts.
Theprojectwillbuilduponthecurrentmomentumofstatewideaction,communitydesire,citycouncil
supportandexistingworkofkeyagenciestojumpstarttheanalysisneededtoimplementsuccessful
and sustainable methods of water reuse.
TheFrameworkwillincludeacost-benefitanalysisofshortandlong-termwaterreusestrategies(i.e.
on-sitewaterharvesting,centralizedstormwatercaptureandreuse,wastewaterreuse,and
graywater)thatincorporatespublicrecommendationsandinput.Inaddition,theFrameworkwill
assistinrevealingthebeststrategiesforimplementationinChulaVista,whichcanbesupported
throughstate,federaland/orprivatefunding.Keyactivitiesincluderesearchandanalysis;public
presentationsandconveningstoencourageresidentactionandmaintainthealreadydocumented
publicsupportforwaterreuse;andidentificationofstrategiesthathavethehighestlikelihoodof
success.
TheCityhasalreadystartedcollectingrecommendationsthroughtheClimateActionPlanupdate
work.Cityresidentsandstakeholderswillremainengagedbyrecommendingstrategiestoreview
andassisttheCityinprioritizingstrategiesfollowingtheanalysisactivitiesinthegrantscopeofwork.
Maintainingthisstakeholderengagementnotonlyincreasescommunityunderstandingand
knowledgeaboutwaterreuse,ithelpsensurethatimplementedstrategiesaresustainedand
supported over time by residents, businesses and agencies.
Intended Outcomes and Impacts
The project’s outcomes and impacts include:
AssesstheCity’sreuseshortandlong-termopportunitiesforstormwater,wastewater,and
graywater, to include suggestions from community members
Create a cost-benefit analysis for prioritized strategies
Host at least 3 events to engage and educate the public
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DrafttheWaterReuseFrameworkforResourceConservationCommissionandCityCouncil
approval
Initiatedesignofawaterreusestrategyproject,tobefundedbystate,federal,and/orprivate
sources
BydevelopingtheFrameworkandidentifyingthebeststrategiestoimplement,thisprojectleadsto
moreequitableandsustainedaccesstowaterforallmembersofthecommunity,includingfuture
generations of water users.
Evaluation
Throughouttheproject’sduration,datawillbecollectedfromthewateranalysis,onlinecomments,
andtranscribedpublicworkshopdiscussions.TheSanDiegoFoundationisalsocommittedtoshare
findingswithnotonlyprojectpartnersandtheirstakeholders,butalsothroughitsCenterforCivic
Engagement,whichhostspubliceducationalprograming,anditsphilanthropicnetworkssuchasthe
FSGCollectiveImpactForumandtheCouncilofFoundations.Additionally,asamemberofGreen
CitiesCalifornia(aregionalnetworkoftheUrbanSustainabilityDirectorsNetwork),theCityofChula
Vista is committed to sharing results of this projwith other California cities.
ect
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyother
fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheWaterReuseFrameworkprojectfundedbythisgrantsupportstheCity’sStrategicPlangoalsof
EconomicVitalityandHealthyCommunityasaninvestmentintosustainabilityprojectsensuresand
promotes a healthy environment, a strong economy and well-being for all.
CURRENT YEAR FISCAL IMPACT
TheSanDiegoFoundationgrantprojectwillsupportupto$21,600ofstafftimeassociatedwith
developingacomprehensiveWaterReuseFramework,aswellas$102,200ofconsultantservices
and$11,200forcommunityengagementandreports.Additionalstafftime,includinga$4,600in-kind
grant match requirement will be covered by existing departmental budgets.
Approvaloftheresolutionwillresultintheappropriationof$135,000totheWasteManagementand
Recycling Fund; these program expenditures will be offset by grant funding.
ONGOING FISCAL IMPACT
Thereisnoongoingfiscalimpact.Thisisapproximatelyatwelve(12)monthprojectculminatingMay
30, 2016.
ATTACHMENTS
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Community Impact Grants Award Letter
Detailed Work Plan
Staff Contact: Lynn France, Environmental Services Manager
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CIGP
OMMUNITY MPACT RANTS ROGRAM
June 24, 2015
Grant ID #: CLMT201571214
Lynn France
Please use this number in all
Environmental Services Program Manager
Public Works Department correspondence.
City of Chula Vista
276 Fourth Ave
Chula Vista, CA 91910
Dear Ms. France:
Congratulations! The City of Chula Vista has been selected to receive a grant from the Community
Impact Division at The San Diego Foundation to develop a comprehensive ğƷĻƩ wĻǒƭĻ
CƩğƒĻǞƚƩƉ that incorporates public recommendations and input to guide the City of Chula
Vista expansion of water reuse and conservation efforts.
The San Diego Foundation is excited to have received, with the City of Chula Vista, the Bloomberg
Growth and Livable Communities. This Matching Fund is a collaborative matching grant program
that connects local government and philanthropy to invest in sustainability projects that promote
a healthy environment, a strong economy and well-being for all residents.
With this letter The San Diego Foundation is providing our half of the matching grant, an
initial $67,500, and the remaining $67,500 will be provided as soon as we receive it from
2015). The total of this award will be
$135,000.
thth
The period for this grant is July 15, 2015 through May 30, 2016. A brief progress report will be
thth
due to The San Diego Foundation by January 15, 2016 and a final report will be due by May 30,
2016. Reporting templates will be sent to you electronically at least one month in advance of
either date. To be eligible for future funding, you must submit this report informing us of your
project outcomes. In your final report, please inform us of your successes and challenges in
attaining the results outlined in our proposal arized below:
Achieve more equitable and sustained access to water for all members of the Chula Vista
community, including future generations of water users through the following:
Identify and Prioritize Municipal Water Reuse Strategies: Work with the Otay Water District
- and long-term water reuse opportunities for storm water,
wastewater, and graywater, and create a cost-benefit analysis for prioritized strategies.
Develop a Water Reuse Framework: Draft the Framework that incorporates the analysis and
community input and submit for approval by the Resource Conservation Commission and
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Raise Community Awareness. Host at least three events to engage community input and educate the public
Corridors Project including walking tours, social media, and surveying.
Launch Pilot Reuse Project: Initiate design of a water reuse pilot project and seek leveraged funding from
federal, state, and/or private sources.
Collaboration: Work with The San Diego Foundation and our affiliates, as well as the San Diego Regional
Climate Collaborative to share results from this project.
All grants are approved by the Board of Governors of the San Diego Foundation and funds may be expended
only for charitable, scientific, literary or educational purposes. This grant is made only for the purposes stated in
this letter and it is understood that these grant funds will be used for such purposes. It is also understood that
approval.
Any grant funds not expended for the purpose of the grant will be returned to The San Diego Foundation. If
funding for this project is received from other sources grant dollars will be returned to The San Diego Foundation. In
any acknowledgement, please announce this grant and publicize your project on your website, newsletter and/or
other in-house publications in the following manner:
This grant was made possible by The San Diego Foundation and the Bloomberg Award for Local Sustainability
files can be found on our website.
and
Livable Communities regarding this grant and the Partners for Places program. Please feel free to send us any
thanks in writing rather than sending material items, such as plaques. We prefer that your non-profit dollars are
spent on the programs and people you serve.
agreement to such terms by having the appropriate officer sign the enclosed original of this letter and return it to
The San Diego Foundation. Please retain the enclosed
Best wishes,
Kathlyn Mead
President & CEO
Accepted on behalf of The City of Chula Vista (Grantee) by:
Authorized Signature Printed Name
Title Date
Grant ID #: CLMT201571214
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The San Diego Foundation Community Impact Division Grant Work
With Matching Grant from the Bloomberg Award for Local Sustainability -
Funders’ Network for Smart Growth and Livable Communities
Detailed Work Plan
StepTimelineMajor Activities and DeliverablesLead(Supporting
*
Partners)
1.Expand and
Month 1 a.Share project brief with at least 10 existing a.City (SDF)
solidify partner partners to solidify support and receive leads for b.City (SDF)
networkpartners
b.Meet with key stakeholders to gain input on
consultant scope
2.Hire research Month 2-4c.Present project to Resource Conservation c.City (SDF)
consultantCommission (RCC)d.City
d.Draft consultant’s scope of worke.City
e.Post competitive bid & confirm consultant
3.Begin analysisMonth 4-8f.Research on-site water harvesting, centralized f.Consultant
storm water reuse, wastewater reuse, and g.Consultant (City,
graywaterSDF)
g.Conduct cost-benefit analysis on strategies, as
is possible, and identify early-action
opportunities
4.Provide add’lMonth 5-8h.Host at least 2 creative engagement activities to h.City & Consultant
engagement share project and seek input online and through (SDF & nonprofits)
optionssocial media
5.Prioritize water Month 8-9i.Review analysis results; Present early findings i.City & Consultant
strategiesto RCC(SDF)
j.Host community engagement event for j.City, SDF &
community to prioritize strategiesnonprofits
k.Consolidate findings/finalize prioritized k.City & Consultant
strategies
6.Draft Water Month 9-l.Draft Framework document and incorporate l.City & Consultant
Reuse11findings and public inputm.City & Consultant
Frameworkm.Present to City Council and RCC for approval(SDF)
7.Initial
Month 11-n.Develop initial water reuse ordinance and/or n.City & Consultant
framework 12site-specific project design (SDF)
implementationo.Pursue other funding for expanded framework o.City
implementation
8.Share lessons Month 12p.Share plan and lessons with other local cities p.City & SDF
with partnersand local government networks
*Some steps may occur concurrently
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM THE SAN DIEGO
FOUNDATION –COMMUNITY IMPACT DIVISION AND THE
BLOOMBERG AWARD FOR LOCAL SUSTAINABILITY
MATCHING FUND, TO DEVELOP A WATER REUSE
FRAMEWORK;APPROPRIATING $135,000TO THE WASTE
MANAGEMENT AND RECYCLING FUNDAND AUTHORIZING
THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE
ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS
FUNDED BY THE GRANT
WHEREAS,regional water demand from San Diego County is expected to increase 46
percent by 2035 due to growing population, rising temperatures, longer intervals without rain,
and increased evaporation from the soil and water reservoirs due to rising temperatures; and
WHEREAS, water availability from both the Sierra Nevada Mountains (via State Water
Project) and the Colorado River will also become more stressed from warning temperatures and
extended droughts that reduce the amount of snowpack and river flow; and
WHEREAS, The City of Chula Vista and the San Diego Foundation chose to partner on
a water reuse project, Advancing Chula Vista’s Resiliency through Water Reuse Opportunities
to develop a formal Water Reuse Framework; and
WHEREAS, the Water Reuse Framework will be a guide to the City’s expansion of water
reuse and conservation efforts; and
WHERAS, The Water Reuse Framework will include a cost-benefit analysis of short and
long-term water reuse strategies such as, on-site water harvesting, centralized storm water
capture and reuse, wastewater reuse, and graywater, incorporating public recommendations
and input.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it acceptsthe grant from the San Diego Foundation –Community Impact Division and the
Bloomberg Award For Local Sustainability Matching Fund for $135,000; and appropriates
$113,400 to Supplies and Services and $21,600 to theOtherExpensescategoryof the Waste
Management and Recycling Fund.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
authorizes the Public Works Director or Designee to execute all grant documents and
implement projects funded by the grant.
Presented byApproved as to form by
Richard Hopkins Glen R. Googins
Director of Public Works DepartmentCity Attorney
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City of Chula Vista
Staff Report
File#:15-0364, Item#: 4.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN
AGREEMENTFORDEVELOPINGATELEGRAPHCANYONCHANNELNEXUSSTUDY
BETWEEN THE CITY AND ATKINS NORTH AMERICA, INC.
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In1990,theCityestablishedtheTelegraphCanyonDrainageDevelopmentImpactFee(DIF)byCity
CouncilOrdinance2384tofundthenecessaryimprovementstotheTelegraphCanyonDrainage
Channel(Channel).Sincethattime,severalimprovementswithintheChannelhavebeencompleted.
Currently,thereisaChannelerosionrepairprojectunderconstruction.Anewstudyisneededto
determinethereasonablerelationshipbetweentheuseofthefeefortheconstructionoftheplanned
drainagefacilitiesandthedevelopmentofthepropertywithintheTelegraphCanyonDrainageDIF
basin.Asaresult,staffrecommendsthatacontractbeawardedtoAtkinsNorthAmerica,Inc.for
developing a Telegraph Canyon Channel Nexus Study.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivity,approvinganagreementfor
developingaTelegraphCanyonChannelNexusStudy,forcompliancewiththeCalifornia
EnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”asdefined
underSection15378(b)(4)oftheStateCEQAGuidelinesbecausepreparationofanexusreportisa
fiscalactivitythatdoesnotinvolveaphysicalchangetotheenvironment;therefore,pursuantto
Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
In1990,theCityestablishedtheTelegraphCanyonDrainageDevelopmentImpactFee(DIF)byCity
CouncilOrdinance2384tofundthenecessaryimprovementstotheTelegraphCanyonDrainage
Channel (Channel).
Sincethattime,severalimprovementswithintheChannelhavebeencompleted.Currently,thereis
aChannelerosionrepairprojectunderconstruction.In1993,Citystaffpresentedaprioritized
drainagedeficiencylistofcorrectivemeasuresthatwouldrelievefloodingwithinthevicinityofthe
Channel.AspartoftheCity’s2004DrainageMasterPlan,theknownexistingfloodingproblems
withinthesubjectbasinareawereidentifiedwithadiscussionofpossiblesolutions.In2007,City
staffrecommendedanupdatedprioritizationofidentifieddrainageprojectsandprovidedanoverview
ofstormdrainneedswithintheChannel.Anewstudyisneededtodeterminethereasonable
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relationshipbetweentheuseofthefeefortheconstructionoftheplanneddrainagefacilitiesandthe
development of the property within the DIF basin.
Consultant Selection Process
OnJuly6,2015,Citystaffreceivedproposalsfrom6firms.Thetoptwofirmswereinvitedtotheinterviewprocess.The
selection committee conducted interviews based on the following criteria:
Summary of project staffing level for engineering services
Discussionoftheprojectscheduleandmajortaskcomponentsandthecriticalpaththroughsubstantial
completion
Approach as it relates to the objectives of the project
Other relevant information that might affect the project
The interviews were held on July 10, 2015. The results of the interview process are as follows:
FirmFinal RankCost Proposal
Atkins North America, Inc. (formerly PBS&J)1$175,000
Rick Engineering Company2$148,000
Afteranin-depthreviewofthefinalists,theselectioncommitteeconcludedthatAtkinsNorthAmerica,Inc.(Atkins)should
berankedasthenumberonenegotiationpreference.Atkinshasanexcellentreputationintheindustryandhaddone
satisfactoryworkfortheCityinthepastwiththecompletionoftheCity’s2004DrainageMasterPlan.Someoftheteam
membersarefamiliarwiththescopeofworkforthisprojectduetotheirpreviousworkinthepreparationoftheCity’s
2004DrainageMasterPlan.Inaddition,oneoftheteammembersalsoledtheCity’s2014AlternativeCompliance
Strategy Plan, which is one of the major tasks related to this project.
Atkinshasextensivelocalandregionalexperienceinthepreparationofmajorwaterstudies.Atkinshassuccessfully
completedmorethan50planningprojectsforover25publicagenciesandspecialdistricts.In2006,Atkinswasinvolved
intheCountyofSanDiego’sHydrologyManualCalibrationStudyandservedonthecommitteetoupdatetheCountyof
SanDiego’sDrainageDesignManual.Currently,AtkinsisprovidingconsultantservicesfortheFederalEmergency
ManagementAgency(FEMA).Thecostisreasonablewhencomparedwiththeotherfiveproposals.Theirpresentation
andresponsesdemonstratedthattheyhaveastrongunderstandingofwaterfinancialandplanningissuesintheCityof
ChulaVista.Theconsultantteamisexpectedtocompletetheirproject’scostestimatesbyNovember2015.These
estimatesareneededinthepreparationoftheTelegraphCanyonDrainageDIFUpdatethatwillbepresentedtoCouncil
in December 2015.
Aftercompletionoftheproject’scostestimates,itisanticipatedthattheconsultantwillcontinuetoworkwiththeresource
agenciesaddressingkeyenvironmentalconstraintslikelytoimpactthefeasibilityofimplementingtherecommended
improvements.
TheconsultantwillprovidepreliminarydrawingsandafinalreportbyAugust2016thatwillbeneededindeveloping
future CIP projects in the Channel.
StaffrecommendsthatCounciladopttheresolutionawardingthecontracttoAtkins.Thenegotiatedcontractpricewas
set at $175,000.
Wage Statement
TheContractoranditsSubcontractorsarerequiredbyCity’sagreementtopayprevailingwage(“PrevailingWageRates”)
topersonsemployedbythemforworkunderthiscontract.InaccordancewiththeprovisionsofSection1773ofthe
LaborcodeoftheStateofCalifornia,theCityofChulaVistahasascertainedthegeneralprevailingwagescales
applicabletotheworktobedone.TheprevailingwagescalesarethosedeterminedbytheDirectorofIndustrial
Relations, State of California.
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Disclosure Statement
Attachment 1 is a copy of the consultant’s Disclosure Statement
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundthatCouncilMemberJohnMcCann
hasrealpropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.However,
totheextentthatanydecisionwouldhaveareasonablyforeseeablefinancialeffectonthemember’srealproperty,the
effectwouldbenominal,inconsequential,orinsignificant.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle
2,sections18700and18702(b),thisitemdoesnotpresentarealproperty-relatedconflictofinterestunderthePolitical
Reform Act (Cal. Gov't Code § 87100, et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCouncilmember,ofanyotherfactthatmay
constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong
andSecureNeighborhoodsandaConnectedCommunity.ThisprojectsupportstheEconomicVitalitygoalintheCity’s
StrategicPlan.Itprovidesfundingforplanningdrainageinfrastructureofnewdevelopment,whichisakeyCityfunction
in supporting new growth.
CURRENT YEAR FISCAL IMPACT
AllcostsassociatedwiththisprocurementandpreparationofthenexusstudywillbebornebytheTelegraphCanyon
DrainageDIFfund.ApprovaloftheresolutionwillresultinnoadditionalimpacttotheTelegraphCanyonDrainageDIF
fund as sufficient funding is available for this project in DR203.
ONGOING FISCAL IMPACT
BasedonthefindingsoftheTelegraphCanyonChannelNexusStudy,futureappropriationsfromtheTelegraphCanyon
Drainage DIF fund will be needed to fund future CIP projects required in the Channel.
ATTACHMENTS
Attachment 1: Atkins’ Disclosure Statement
Attachment 2: Atkins Agreement
Staff Contact: Luis Pelayo, Acting Senior Civil Engineer
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGAN AGREEMENT FOR
DEVELOPING A TELEGRAPH CANYON CHANNEL NEXUS
STUDY BETWEEN THE CITY AND ATKINS NORTH
AMERICA, INC.
WHEREAS,in 1990, the City established the Telegraph Canyon Drainage Development
Impact Fee (DIF) by City Council Ordinance 2384 to fund the necessary improvements to the
Telegraph Canyon Drainage Channel; and
WHEREAS, a new study is needed to determine the reasonable relationship between the
use of the fee for the construction of the planned drainage facilities and the development of the
property within the DIFbasin; and
WHEREAS, on June 12, 2015, the City of Chula Vista’s Engineering Division advertised
the Request for Proposal (RFP) to provide consultant services necessary for developing a
Telegraph CanyonChannelNexus Study (Nexus Study); and
WHEREAS, on July 6, 2105, the City of Chula Vista’s Engineering Division received
six(6) proposals for developing a Nexus Study; and
WHEREAS,the consultant selection process has been conducted in accordance with
Section 2.56.110 of the Chula Vista Municipal Code; 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 the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves theagreement for developing a Telegraph Canyon Channel Nexus Study,
between the City and Atkins North America, Inc., inthe form presented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be
,
kepton file in the Office of the CityClerkand authorizesand directsthe Mayorto execute
same.
Presented byApproved as to form by
Richard A. HopkinsGlen R. Googins
Director of Public Works City Attorney
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City of Chula Vista
Staff Report
File#:15-0252, Item#: 5.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVING
ASSIGNMENTOFDELINQUENTTAXRECEIVABLESTOTHECALIFORNIASTATEWIDE
COMMUNITIESDEVELOPMENTAUTHORITYFORPRIORFISCALYEARS,ANDAUTHORIZING
EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Staffhasidentifiedadelinquentpropertytaxprogram(theProgram)beingofferedbytheCalifornia
StatewideCommunityDevelopmentAuthority(astatewidejointpowersauthoritysponsoredbythe
LeagueofCaliforniaCitiesandtheCaliforniaStateAssociationofCounties)(the“CSCDA”)under
whichqualifiedtaxdelinquencieswillbeadvancedinfullbytheCSCDA,alongwitha10%premium,
inexchangeforanassignmentorsaleoftherightstothepaymentslatermadebytheproperty
ownersalongwithallpenaltiesandinterestthereon.Thisprogramisdesignedtobelikea“Teeter
Plan”foragenciesthatdonotalreadyparticipateinaTeeterPlan.TheTeeterPlan(firstenactedin
1949)providesCaliforniacountieswithanoptionalalternativemethodforallocatingdelinquent
propertytaxrevenues.TheTeeterPlanallowscountiestofinancepropertytaxreceiptsforlocal
agenciesbyborrowingmoneytoadvancecashtoeachtaxingjurisdictioninanamountequaltothe
currentyear'sdelinquentpropertytaxes.Inexchange,thecountiesreceivethepenalties(10%)and
interestonthedelinquenttaxeswhencollected.TheCitydoesnotparticipateintheTeeterPlanbut
isrequestingauthoritytopursuethetheProgramfortaxleviesrelatedtoCommunityFacilityDistricts
(CFD)andAssessmentDistricts(AD).TheprogramwillnotincludeanyGeneralFundpropertytax
leviesasthecurrentpracticeofcollecting100%ofthepenaltiesandinterestassociatedwith
delinquenciesoveralongperiodoftimedoesnotposeanadministrativeburdenontheCitynordoes
it create an issue with meeting current operating obligations.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”in
accordancewithSection15378(b)(5)oftheStateCEQAGuidelinesbecauseitinvolvesonlya
financialtransaction;thereforeitisanorganizationaloradministrativeactivityofgovernmentthatwill
notresultinadirectorindirectphysicalchangeintheenvironment;therefore,pursuanttoSection
15060(c)(3)oftheStateCEQAGuidelinestheactivityisnotsubjecttoCEQA.Thus,no
environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
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DISCUSSION
TheCityreceivesrevenuesfrompropertytaxleviesmadeforavarietyofdifferentpurposes.The1%
“AdValorem”levyisleviedcounty-wideandallocatedtopublicagenciesinaccordancewithcertain
allocationfactorsandotherapplicablestatelaws.Otherlevies,likethosemadeforweedabatement,
nuisanceabatement,sewerorrefuseservice,specialtaxesandassessmentsleviedforcommunity
facilitiesdistricts(“CFD”s)and/orassessmentdistricts(“ADs”)andleviesmadeinanylandscapeand
lighting districts, and so on, are considered “direct levies and are remitted 100% to the City
Eachyear,asmallpercentageofpropertyowners(usuallybetween2%and5%ofallproperties)fail
topaytheirpropertytaxesandthereafterbecome“delinquent.”EachyeartheCountyproducesa
“DelinquentPropertyTaxRoll”showingallofthedelinquentpropertytaxesCounty-wide.TheCityis
entitledtodelinquentpropertytaxrevenuesalongwithpenaltiesandinterestaccruedthereon.One
waytoviewthesedelinquenttaxesisasa“receivable”oftheCitybutunavailableforcurrent
expenditures.
CSCDAfinancestheProgrambypoolingthetaxdelinquenciesofdifferentlocalagencies,andselling
oneormoreCertificatesofParticipationfortheamountofalloftheaccumulateddelinquenciesto
TowerCapitalManagement(TCM).Inthefirstyearofanagency’sparticipation,CSCDAwill
purchasedelinquenciesthatareupto6yearsold,meaningCSCDAwillpaytheCity100%forthe
qualifiedtaxesremainingdelinquentfromanytimeduringthelast6years.TheCitywillbeableto
immediatelyrealizecashintheCFDandADfunds.TheCitywillreceivea10%premiumonthe
purchaseofthedelinquencieswhichcanbeusedinanylawfullyavailablefund,includingtheGeneral
Fund.
CSCDArequiresathree-yearcommitmenttosellthedelinquencies.Iftheproposedresolutionis
approved,TCMwillthenconductduediligencetodeterminewhichdelinquenciesqualifyforthe
program,andonwhatterms.TheCitywillalsoreviewanddeterminewhichtaxreceiptcategoriesit
desirestoincludeintheprogram.Thereafter,theresultswillbereviewedbytheFinanceDirector
andCityAttorneyortheirdesigneesandthensetascheduletoproceedtoclosing.Afterthefirst
year,andeachyearthereafter,TCMwilllikelyrequesttheCitytoextendtheagreementforone
additionalyear.Thiswaya2to3year“evergreen”termalwaysexists.IftheCityeverwantstoexit
the program, it need only decline to extend the term and wait out the completion of the existing term.
ParticipatingintheProgramwillprovidereliablecashflowtothevariousCFDandADfunds
managedbytheCity.Itwillcreategreatersecuritytothebondeddistrictsbyensuringcollectionof
thefundswhichwillthenbeavailablefortheannualdebtservicerequirements.Inaddition,the
administrativeburdenofthecollectionprocessrequiredbyexistingbondcovenantswillbereduced
as the funds will be available for meet debt service requirements.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-
specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section
18705.2(a)(11),isnotapplicabletothisdecisionforpurposesofdeterminingadisqualifyingreal
property-relatedfinancialconflictofinterestunderthePoliticalReformAct(Cal.Gov'tCode§87100,
et seq.).
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LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Thisprogram
supportstheOperationsExcellencegoalasitseekstostabilizethenaturalvarianceinspecialtax
receipts and provide the City with additional unrestricted revenues.
CURRENT YEAR FISCAL IMPACT
TherewillbeapositivefiscalimpacttotheCFDandADfundsincludedintheprogramduetothe
collectionofoutstandingdelinquencies.Itisestimatedthatthecurrentfiscalyearimpacttothe
variousCFD’sandAD’scouldbeapproximately$70,000.Inaddition,theGeneralFundcouldhavea
positiveimpactofapproximately$70,000relatedtothe10%premiumpaid.Theactualamountwillbe
calculated once all eligible districts have been selected for inclusion in the program.
ONGOING FISCAL IMPACT
Basedonapreliminaryanalyses,thepositiveimpacttotheCFD’sandADincludedintheprogram
couldrangefrom$25,000to$75,000annually.ItisestimatedthattheGeneralFundwillreceive
approximately$50,000perfiscalyearbyparticipatinginthisprogram.Theactualamountwill
depend on the level of delinquencies in each fiscal year.
Staff Contact: David Bilby, Finance & Purchasing Manager
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RESOLUTION NO. ____
RESOLUTION OF THE CITY COUNCILOF THE CITY OF CHULA VISTA
APPROVING ASSIGNMENTOF DELINQUENT TAX RECEIVABLES TO THE
CALIFORNIA STATEWIDECOMMUNITIES DEVELOPMENT AUTHORITYFOR
PRIORFISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF
RELATED DOCUMENTS AND ACTIONS
WHEREAS, under Section 6516.6 of the Government Code of the State of California
(the “Law”), a cityis authorized to sell and assign to a joint powers authority any or all of its
right, title, and interest in and to the enforcement and collection of delinquent and uncollected ad
valorem property taxes, special taxes and assessments, and property-related fees and charges
that have been levied by or on behalf of such cityfor collection on the secured, unsecured, or
supplemental property tax rolls (collectively, “Delinquent Taxes and Assessments”) in
accordance with such terms and conditions as are set forth in an agreement with the joint
powers authority; and
WHEREAS, the California Statewide Communities DevelopmentAuthority (the
“Authority”) is an existing joint powers authority and, as such, is authorized under the Law to
issue its bonds, notes, certificates of participation or other obligations for the purpose of
providing funds to purchaseDelinquent Taxes and Assessmentsin accordance with the Law
upon terms and conditions which are acceptable to the local agency from whom such
Delinquent Taxes and Assessments are acquired; and
WHEREAS, the Authority has requested the Cityto authorize the sale of its Delinquent
Taxes and Assessments to the Authority for the fiscal years ending June30 in each of the years
2010through 2016 (the “Covered Fiscal Years”)at a purchase price equal to 110% of the
principal amount of Delinquent Taxes and Assessments which are eligible for sale and
assignment; and
WHEREAS, the Authority has made arrangements to issue and sell one or more series
ofcertificatesof participation representinga participation interest in all of the Delinquent Taxes
and Assessments received from theCityand from other participating local agencies, which will
be sold to a designee of Tower Capital Management, LLC, a Delaware limited liability company
(“Tower Capital”); and
WHEREAS, the City Councilwishes at this time to approve the foregoing financing plan
and authorize the execution and delivery of all related documents and actions;
NOW, THEREFORE, BE IT RESOLVED by the City Councilof the City of Chula Vistaas
follows:
Section 1. Authorization of Sale of Delinquent Taxes and Assessments. The City
Councilhereby approves and authorizes the sale of Delinquent Taxes and Assessments, in
whole or in part, for any one or more of the covered fiscal years, to the Authority for a minimum
purchase price of 110% of the amount thereof.
Section 2. Authorization to Execute Financing Documents. In order to implement the
financing plan approved under Section 1, the City Councilhereby authorizes the City Manager
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and/or the Director of Finance (each, an “Authorized Officer of the City”), to execute anddeliver
one or more agreements between the Authority and the City whereby the City sells Delinquent
Taxes and Assessments to the Authority upon terms and conditions which are acceptable to an
Authorized Officer of the City. An Authorized Officer of the City is hereby authorized and
directed to execute such agreementsin the name and on behalf of the City. The material terms
of each such agreement shall include the following:
(a)the Delinquent Taxes and Assessments shall be sold to the Authorityfor a
purchase price at least equal to 110% of their par amount, which shall be
paid to the City upon the closing of the transactionin funds that are
immediately available to the City;
(b)as a result of such sale, the Authority shall be entitled to receive all
amounts collected in respect of such Delinquent Taxes and Assessments,
including applicable interest and penalties, provided that all such collections
shall continue to be made in the manner prescribed by law;
(c)such sale of Delinquent Taxes and Assessments shall be without recourse
to the City, and the City shall not incur any liability or assume any
responsibility to the Authority for the collection of the Delinquent Taxes and
Assessments;
(d)all costs of financing the purchase of DelinquentTaxes and Assessments
by the Authority shall be the sole responsibility of the Authority, and the City
shall not have any liability for payment of such costs; and
(e)in order to provide funds for the financing of the Delinquent Taxes and
Assessments,the Authority shall be authorized to sell one or more series of
certificates of participation to Tower Capital.
Section 3. Official Actions. The Mayor, the City Manager, the Director of Finance, the
City Clerk and all other officers of the City are hereby authorized and directed, for and in the
name and on behalf of the City, to do any and all things and take any and all actions, including
execution and delivery of any and all assignments, certificates, requisitions,agreements,
notices, consents, amendments to existing bond indentures or similar instruments, instruments
of conveyance, warrants and other documents, which they, or any of them, may deem
necessary or advisable in order to consummate the sale of Delinquent Taxes and Assessments
to the Authority for the Covered Fiscal Years. Whenever in this Resolution any officer of the
Cityis authorized to execute or countersign any document or take any action, such execution,
countersigning or action may be taken on behalf of such officer by any persondesignated by
such officer to act on his or her behalf if such officer is absent or unavailable.
Section 4. Effective Date. This Resolution shall take effect from and after the date of
approval and adoption thereof.
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Presented byApproved as toform by
____________________________________________________________________
Maria KachadoorianGlen R. Googins
Deputy City Manager/CFOCity Attorney
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City of Chula Vista
Staff Report
File#:15-0369, Item#: 6.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGAN
AGREEMENTTOPROVIDEINVESTMENTBANKINGANDBONDUNDERWRITING
SERVICESFORTHEBAYFRONTPROJECTBETWEENTHECITYANDJ.P.MORGAN
SECURITIES,LLCANDAUTHORIZINGTHECITYMANAGERTOEXERCISEFIVEONE-YEAR
OPTIONS TO EXTEND THE AGREEMENT
B.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAWAIVINGTHE
COMPETITIVEFORMALBIDREQUIREMENT,APPROVINGANAGREEMENTTOPROVIDE
ECONOMICADVISORYSERVICESFORTHEBAYFRONTPROJECTBETWEENTHECITY
ANDECONOMIC&PLANNINGSYSTEMS,INC.,ANDAUTHORIZINGTHECITYMANAGER
TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
TheCityofChulaVistaandtheSanDiegoUnifiedPortDistrictareparticipatinginajointplanning
efforttodeveloptheChulaVistaBayfront.Insupportofthisprocess,contractingwithJ.P.Morgan
SecuritiesforinvestmentbankingandbondunderwritingservicesandEconomic&PlanningSystems
(EPS) for economic advisory services is recommended.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivitywascoveredin
previouslyadoptedEnvironmentalImpactReportUPD#83356-EIR-65B/SCH#2005081077.The
DevelopmentServicesDirectorhasalsoreviewedtheproposedactivityforadditionalcompliance
withCEQAandhasdeterminedthatthereisnopossibilitythattheactivitymayhaveasignificant
effectontheenvironment;therefore,pursuanttoSection15061(b)(3)oftheStateCEQAGuidelines
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
In2002,theCityofChulaVistaandtheUnifiedPortDistrictofSanDiego(the“Port”)begana
collaborativeplanningprocesstocreateamasterplanfortheapproximately535-acreChulaVista
Bayfrontarea.TheChulaVistaBayfrontMasterPlan(CVBMP)wasdesignedtotransformChula
Vista’sunderutilizedindustrialBayfrontlandscapeintoathrivingresidentialandworld-class
waterfrontresortdestination.TheCVBMPwillcreatethousandsofnewjobs,createnewpublic
parks,protectnaturalcoastalresources,provideconferenceandvisitor-servingamenitiesandbuild
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animportantassetfortheSanDiegoregion,theSouthBay,ChulaVistaresidentsandcoastal
visitors.TheCVBMPrepresentsthelastsignificantwaterfrontdevelopmentopportunityinSouthern
California.
ThemasterplanwillbeimplementedjointlybytheCityofChulaVistaandthePortinfourmajor
phasesovera24-yearperiod.Phaseoneofimplementationincludesthedevelopmentofaresort
conferencecenter,thecreationofpublicparksandopenspace,therestorationofhabitatareas,and
the construction of a new fire station and mixed-use residential development.
Investment Banking & Bond Underwriting Services
Overthenextseveralyears,theCityanticipatestheCVBMP’snewdevelopmentprojectswillrequire
financingofmajorinfrastructureprojects.TheCityandPortexpectaneedtofinancebetween$75
millionand$100millionininfrastructurecostsbeforetheconventioncenterandhotelcanopenfor
business.Additionalfundsmayberequiredtofinanceaportionoftheconventioncenterandan
associated public parking structure.
Tothisend,theCityissuedaRequestforProposals(RFP)inFebruaryof2015seekingproposals
fromfirmsqualifiedtoserveasseniormanagingand/orco-managingunderwriterforavarietyof
potentialfinancingsthatincludeCertificatesofParticipation(COPs)andCommunityFacilities
Districts(CFDs)andotherfinancingmechanismsrelatingtothedevelopmentoftheChulaVista
Bayfront.TheRFPwaspostedelectronicallyonPlanetBids.com,aweb-basedvendorandbid
managementsystemthatiswidelyusedbyotherlocalagencies.Inaddition,theRFPwas
advertised in The Bond Buyer, a publication focusing on the municipal bond market.
Fiveproposalswerereceived,andfourfirmswereinterviewedbyaSelectionCommittee.The
Selection Committee’s evaluation was based on the following technical criteria:
Experience and ability of firm;
Experience and ability of project team;
Directly relatable experience in public/private partnerships and leasehold financing;
Understanding of the City’s financing needs for the CVBMP project; and
Fee proposal
ProposalswerereceivedfromJ.P.Morgan;MorganStanley;Stifel,Nicolaus&Company;Estrada
Hinojosa;andRockfleet.Baseduponscoresassignedfortheabovereferencedcriteria,the
Selection Committee recommends awarding the contract to J.P. Morgan.
Abondunderwriterisasecuritiesdealerwhohelpsgovernmententitiesbringbondissuestomarket.
ThekeyroleitplaysistoassisttheCityinstructuringthefinancing,securingratingsifappropriate,
andpremarketingandunderwritingbonds.Asanunderwriter,J.P.Morganwillbuythebondsfrom
the City and then resell them to investors.
J.P.MorganisthetopunderwriterofmunicipalbondsintheU.S.,aswellasthetopunderwriterin
thestateofCalifornia(basedonparvalueoffinancingssince2010).Theyhaveastrongpresencein
theSanDiegoArea,underwritingover$5billionintheregionsince2010.Theyalsobringextensive
experiencestructuringcomplicatedprojectfinance,privateactivity,andpublic/privatepartnership
transactions for issuers throughout the country.
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Economic Advisory Services
ThePortandtheCityarecurrentlydevelopingaplanoffinancetofundthepublicimprovements
requiredforthefirstphaseoftheCVBMP.Indevelopingtheplanoffinanceandthestrategies
necessary to implement it, it is critical that the City secure independent economic advice.
Economic&PlanningSystems(EPS)hasprovidedeconomicanalysisandadvisoryservicesforthe
Bayfrontprojectsince2005.Inaddition,EPSbringsexperienceinlarge-scaleredevelopmentand
reuse,public/privatedevelopment,andwaterfrontdevelopmentthatwillbevaluabletotheCity’s
efforts to develop the Bayfront.
ChulaVistaMunicipalCodeSection2.56.070(B)(3)&(4)authorizestheCityCounciltowaivethe
formalcompetitivebidprocess.AwaiverisrequestedforthisagreementbecauseEPS’sprior
experienceanduniqueperformancecapabilitiesanalyzingtheCVBMPgivesthemanin-depth
understandingoftheproject’seconomicdrivers.ThisexperiencewillbecriticaltotheCity’sabilityto
continueforwardexpeditiouslyinfinalizingtheplanoffinanceforthefirstphaseoftheCVBMP.As
such,theCity’sinterestswouldbemateriallybetterservedbywaivingthecompetitivebidprocess
and awarding the contract to EPS.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundthatMayorCasillasSalas
hasrealpropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubjectof
thisaction.Consequently,pursuanttoCaliforniaCodeofRegulationsTitle2,sections18700and
18705.2(a)(11),thisitempresentsadisqualifyingrealproperty-relatedfinancialconflictofinterest
under the Political Reform Act (Cal. Gov't Code § 87100,et seq.) for the above-identified member.
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofany
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Approvalofan
agreementwithJ.P.Morganforinvestmentbankingandbondunderwritingservicesandan
agreementwithEconomic&PlanningSystems(EPS)foreconomicanalysisservicesfortheBayfront
projectbothsupporttheEconomicVitalitygoalbysecuringservicescriticaltothesuccessofthe
BayfrontProject,whichwillinturncreatelocalandregionaljobsandprovideamenitiestovisitorsand
residents.
CURRENT YEAR FISCAL IMPACT
Investment Banking & Bond Underwriting Services
ApprovalofaresolutionapprovinganagreementwithJ.P.MorganSecuritiestoprovideinvestment
banking&bondunderwritingserviceshasnofiscalimpactinthecurrentyear.Allfeestobepaidto
J.P.Morganarecontingentuponissuingbonds,orenteringintootherfinancingagreements.Allfees
tobeincurredwillbepaidsolelyfromtheproceedsofeachparticulartransactionandtherefore
become part of the cost of issuance.
Economic Advisory Services
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File#:15-0369, Item#: 6.
ApprovaloftheresolutionapprovinganagreementwithEconomic&PlanningSystemstoprovide
EconomicAdvisoryServiceswillresultintheexpenditureofanot-to-exceedamountof$25,000,on
anannualbasis.FundsareavailableintheFY2015-16budgetforthispurposeandnoadditional
appropriation is required.
ONGOING FISCAL IMPACT
Investment Banking & Bond Underwriting Services
ThereisnoongoingfiscalimpacttotheGeneralFundasaresultofthisaction.Allfeestobepaidto
J.P.Morganarecontingentuponissuingbonds,orenteringintootherfinancingagreements.Allfees
tobeincurredwillbepaidsolelyfromtheproceedsofeachparticulartransactionandtherefore
become part of the cost of issuance.
Economic Advisory Services
TheinitialtermoftheagreementwithEconomic&PlanningSystemstoprovideEconomicAdvisory
Servicesisoneyear,withtwoone-yearoptionstoextend.ShouldtheCityexercisetheseoptions,
theywillresultintheexpenditureofanadditionalnot-to-exceedamountof$25,000annually.Future
funding will be requested via the regular budget process.
ATTACHMENTS
1.Investment Banking & Bond Underwriting Services Agreement
2.Economic Analysis Services Agreement
Staff Contact: Tiffany Allen, Finance Department
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ACN: 15009
Agreement between
City of Chula Vista
and
J.P. Morgan Securities LLC,
To Provide Investment Banking & Bond Underwriting Services for the Bayfront Project
This agreement (Agreement), effective June 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:
R
ECITALS
WHEREAS, the City and the San Diego Unified Port District (Port) have been
participating in a joint planning effort to develop the Chula Vista Bayfront (the
WHEREAS, when completed, the Bayfront will create thousands of new local and
regional jobs, create new public parks, protect natural coastal resources, and provide conference
and visitor-serving amenities; and
WHEREAS, over the next several years, the City anticipates new development projects in
the Bayfront will require financing for infrastructure and other project costs; and
WHEREAS, the City intends to contract for investment banking and bond underwriting
services to be performed
WHEREAS, the Finance Department issued a Request for Proposals (RFP P09-14/15) to
provide Investment Banking and Underwriting Services for the Bayfront project; and
WHEREAS, the City completed an evaluation of the proposals for Investment Banking &
Underwriting Services and selected J.P. Morgan Securities LLC; 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.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
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OPP
BLIGATORY ROVISIONS AGES
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.
General
A.
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,
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 efined 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
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caused by negligent acts, errors, omissions, noncompliance with industry standards,
or the willful misconduct of the Consultant or its subcontractors.
Application of Laws.
B.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
Insurance
C.
1.General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, pertaining claims-made forms,
policies of insurance from insurance companies to protect against claims for wrongful
acts that may arise from or in connection with the performance of the professional
services under this Agreement and the results of that professional services by the
Consultant, his agents, representatives, employees or subcontractors, and provide
documentation of same prior to commencement of professional services.
2.Minimum Scope of Insurance. Coverage must be at least as broad as:
a.E&O . Professional Liability or Errors & Omissions Liability insurance appropriate
to include contractual liability.
3.Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
Professional $5,000,000each wrongfulact
Liability or Errors &
Omissions Liability:
4.Deductibles and Self-Insured Retentions. Consultant shall be solely responsible for all
deductibles or self-insured retentions to which such policies are subject.
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5.Claims Forms.If Professional Liability or Errors & Omissions coverage are written on a
claims-made form:
a.Maintenance and Evidence. Insurance must be maintained for one year after
completion of the professional services and, upon request, evidence of insurance must
be provided for at least one (1) year after completion of the professional services
required by the Agreement.
b.Non-Renewal. If coverage is canceled or non-renewed, and not replaced with another
claims-
coverage for a minimum of one (1) year after completion of the work required by the
Agreement.
6.Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
than A-V, or is a captive insurer that meets the statutory requirements of its domiciled
state. Exception may be made for the State Compensation Fund when not specifically
rated.
7.Verification of Coverage. Consultant shall furnish the City with standard ACORD
certificates and endorsements effecting coverage required by Section I.C. of this
Agreement.All certificates and endorsements are to be received and approved
reasonable discretion, by the City before professional services commence.
8.Not a Limitation of Other Obligations. Insurance provisions under this Article shall not
Security for Performance
D.
1.Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled Performance
Bond), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
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.
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2.Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled Letter of Credit), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
Letter of Credit,in Exhibit A, Paragraph 18.
3.Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled Other Security), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
Business License
E.. 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
Consultation and Cooperation
A.. 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.
Compensation.
B.
1.Following Receipt of Billing. The Consultant shall be compensated pursuant to the terms
of a Bond Purchase Agreement or similar Agreement approved by the City Council.
Such payment will be contingent on the successful closing of the financing program.
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
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the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a.Errors and Omissions. In the event that the City Administrator determines that the
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
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.. 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
Financial Interests of Consultant
A.
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 the Underwriting Team knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
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3.Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that the Underwriting Team has
diligently conducted a search and inventory of economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that the Underwriting Team does not, to the best of the
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 the
Underwriting Team 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 the Underwriting Team
will immediately advise the City Attorney if the Underwriting Team 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 the Underwriting Team, nor immediate family
members, nor 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.The Underwriting Team 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.
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IV. LIQUIDATED DAMAGES
Application of Section
A.. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1.Estimating Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2.Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
3.Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
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
Defense, Indemnity, and Hold Harmless
A..
1.General Requirement. Notwithstanding any other indemnification provision in the
Request for Proposal (RFP P09-14/15), to the maximum extent allowed by law,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
-
against any and all third party claims, demands, causes of action, costs, expenses,
(including reasonable attorney's fees and actual costs), liability or loss, in law or equity,
for physical damage or injury to property or persons, including wrongful death
ng out of or incident to the gross negligence or willful
misconduct of Consultant, its officials, officers, employees, agents, and contractors
with the performance of the Defined Services, the results of such performance, or this
Agreement. Consultant shall have an affirmative duty to defend and protect City from
any and all Liability as provided hereunder, including a duty to pay any and all related
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indemnity obligations hereunder with respect to Liability (a) shall not be triggered until a
mutually agreed upon settlement or adjudication thereof; and (b) shall not extend to (i)
any Liability adjudicated to be arising from the sole negligence or sole willful
misconduct of the City-Related Parties; or (ii) City-Related Parties Liability adjudicated
to be greater than fifty percent (50%) of the overall Liability at issue. For the avoidance
of doubt, this provision supersedes any other indemnification provisions included in the
Request for Proposal (RFP P09-14/15), including Section VIII of the Request for
t for
Proposal.
2.Design Professional Services. Notwithstanding the forgoing, ifthe services provided
under this Agreement are design professional services, as defined by California Civil
Code section 2782.5, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California
Civil Code section 2782.8.
3.Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.1. and A.2. Subject to the limitations in Sections A.1. and
A.2., Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all related legal expenses and costs incurred by each of them.
4.Insurance Proceeds
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5.Declarations
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
Agreement.
8.No Alteration of Other Obligations. This Article V, shall in no way alter, affect or
ARTICLE VI. TERMINATION OF AGREEMENT
Termination for Cause
A.. 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
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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.
Termination of Agreement for Convenience of City
B.. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
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
Record Retention
A.. 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.
Access to Records of Consultant and Subcontractors
B.. 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.
Project Closeout
C.. 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
Project Completion
A..Not applicable.
Audit of Consultants
B.. 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.
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Project Closeout
C.. 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
Assignability
A.. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1.Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
Permitted Subconsultants.
Ownership, Publication, Reproduction and Use of Material
B.. 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.
Independent Contractor
C.. 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.
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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.
Administrative Claims Requirements and Procedures
D.. 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.
Administration of Contract
E.. 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.
Term
F.. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
Statement of Costs
G.. 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.
Consultant is Real Estate Broker and/or Salesman
H.. 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
I.. 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
J.. 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
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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.
Capacity of Parties
K.. 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.
Governing Law/Venue
L.. 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.
Municipal Advisor Rules
M.. The City acknowledges that Consultant may not be able to
perform some of the services the City may request of Consultant from time to time in
-
70462 (Sept. 20, 2013) (such final rules and to the extent referenced therein, Section 975, the
-Frank
Wall Street Reform and Consumer Protection Act.
(End of page. Next page is signature page.)
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Signature Page
to
Agreement between
City of Chula Vista and
J.P. Morgan Securities LLC,
ToProvide Investment Banking & Bond Underwriting Services for the Bayfront Project
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
By: ______________________________
Mary Casillas Salas, Mayor
Attest:
____________________________________
Donna Norris, City Clerk
Approved as to form:
____________________________________
Glen R. Googins, City Attorney
J.P. Morgan Securities LLC
By: ______________________________
John Houlberg, Executive Director*
* Consultant to provide signature
authority for signatory.
Exhibit List to Agreement: Exhibit A
Exhibit B: RFP P09-14/15
Exhibit C
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Exhibit A
to
Agreement between
City of Chula Vista
and
J.P. Morgan Securities LLC
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 \[insert business form\]
3.Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4.Consultant:
J.P. Morgan Securities LLC
5.Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6.Place of Business, Telephone and Fax Number of Consultant:
560 Mission Street, Floor 3
San Francisco, CA 94105
Phone: (415) 315-5958
Fax: (415) 240-4088
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7.General Duties:
Consultant shall provide investment banking and bond underwriting services and preform
related duties for the Chula Vista Bayfront project.
8.Scope of Work and Schedule:
A.Detailed Scope of Work:
1)Consultant shall work collaboratively with City staff, San Diego Port District staff,
financing plan for the Chula Vista Bayfront project that minimizes debt service costs.
2)Consultant shall participate throughout the planning process, including attending
meetings related to financing, performing necessary research and quantitative
analysis, and providing input regarding pricing implications of various debt
structuring options.
3)Consultant shall assist in final structuring of project debt issue, including
recommendations on the timing of the debt sale, maturity schedule, call provisions,
lien structure and security, restrictions and covenants to be included in the financing
documents, bond ratings, cash flow modeling of revenues, and debt service
requirements.
4)Consultant shall participate in the preparation and review of bond and legal
documents.
5)Consultant shall assist the City in preparing materials for review by, and presentations
to, the City council, credit rating agencies, bond insurance companies, and investors,
as appropriate.
6)Consultant shall develop a sale strategy and marketing plan, and conduct such bond
marketing activities as the City and Consultant agree are necessary or desirable in
marketing project bonds.
7)Consultant shall assist in the preparation and documentation necessary to timely close
each bond issue and shall timely deliver the necessary funds to purchase each bond
issue in accordance with the terms of the respective bond purchase agreements.
8)Consultant shall manage the Underwriting Team prior to and during the debt
financing process.
9)Consultant shall prepare and present timely and comprehensive summary analysis of
project debt issue and other financing mechanisms.
B.Date for Commencement of Consultant Services:
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(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 effective upon
execution for a period of one year, with five one-year options. The City may exercise
each one-year option at its sole discretion, upon written notification by the City Manager,
or designee, to the Consultant.
9.Materials Required to be Supplied by City to Consultant:
10.Compensation:The Consultant shall be compensated pursuant to the terms of a Bond
Purchase Agreement or similar Agreement approved by the City Council. Such payment will
be contingent on the successful closing of the financing program.
A.( ) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:______________, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
1.( ) Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
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
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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.
PhaseFee for Said Phase
1.$ _________________________
2.$ _________________________
3.$_________________________
1.( ) Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
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
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Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all
of the Defined Services herein required of Consultant for
$________________________, including all Materials, and other reimbursables
(Maximum Compensation).
2.( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$________________________ (Authorization Limit), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense. See Exhibit B for wage
rates.
( ) Hourly rates may increase by 6% for services rendered after \[month\], 20___, if
delay in providing services is caused by City.
D.(X) Other
See Exhibit C.
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.
Cost or Rate
( )Reports, not to exceed$__________:$__________
( )Copies, not to exceed $__________:$__________
( )Travel, not to exceed $__________:$__________
( )Printing, not to exceed $__________:$__________
( )Postage, not to exceed $__________:$__________
( )Delivery,not to exceed $__________:$__________
( )Outside Services:$__________
( )Other Actual Identifiable Direct Costs:$__________
_____________________, not to exceed $__________:$__________
_____________________, not to exceed $__________:$__________
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12.Contract Administrators:
City:
Tiffany Allen
Treasury & Business Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910-2631
(619) 691-5179
Consultant:
John Houlberg
Executive Director
J.P. Morgan
560 Mission Street, Floor 3
San Francisco, CA 94105
(415) 315-5958
13.Liquidated Damages Rate:
( ) $__________ per day.
( ) Other: _________________________
(X) None
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.
( ) 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.
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( ) 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
machinery or equipment.
( ) Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
( ) List Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
15.( ) Consultant is Real Estate Broker and/or Salesman
16.Permitted Subconsultants: None.
17.Bill Processing:
A.Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( ) Other: _________________________
B.Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other: _________________________
C. City's Account Number: 09100-6301
18.Security for Performance
(X) None
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( ) Performance Bond, $ _________________________
( ) Letter of Credit, $_________________________
( ) Other Security:
Type: _________________________
Amount: $_________________________
( ) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City shall
be entitled to retain, at their option, either the following Retention Percentageor
Retention Amountuntil the City determines that the Retention Release Event, listed
below, has occurred:
( ) Retention Percentage: ________________________
( ) Retention Amount: $_________________________
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other: _________________________
( ) Other: The Retention Amount may be released on a monthly basis provided that
Consultant has performed said monthly services to the sole satisfaction of the Assistant
City Manager/Director of Development Services or his designee.
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RFP P09-14/15
REQUEST FOR PROPOSAL
TO PROVIDE
INVESTMENT BANKING AND UNDERWRITING SERVICES
RFP P09-14/15
RFP Issue Date: February 19, 2015
Proposal Due Date and Time: March 18, 2015 4:00 pm
City of Chula Vista
FinanceDepartment
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RFP P09-14/15
Page 2
NOTICE TO BIDDERS
Notice is hereby given, that Sealed Proposal, including four (4) copies of the proposal plus one
th
day of March 2015 at the Finance
(1) unbound copy, will be received until 4 P.M. on the 18
Department, Purchasing Division located at 276 Fourth Ave, Building “A”, Chula Vista, CA
91910.
Bidders must be registered on-line for the City of Chula Vista with Planet Bids at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=15381
Bid Opportunities/Vendor Registration. Category 94600 Financial Services
The Proposals requested are for furnishing the City of Chula Vista with:
INVESTMENT BANKING AND UNDERWRITING SERVICES
All bidders are hereby referred to the bidding instruction, general provisions, specification, and
terms and conditions included in Proposal P09-14/15.
Mailingand PhysicalAddress:
City of Chula Vista
Finance Department/Purchasing Division
Attn: Maria Kachadoorian
276 Fourth Avenue, Building “A”
Chula Vista, CA 91910
Proposal shall not contain discounts, incentives, or other forms of financial consideration
unrelatedto the specific services to be provided under this request for proposal. Any discount,
incentive, or other form of financial consideration may only be presented in the formof a
reduction in the proposal amount.
All Bids must be submitted to the Finance Department in sealed envelopes plainly marked with
the RFP number and due date and time.PROPOSALS RECEIVED AFTER THE
ESTABLISHED DEADLINE WILL BE REJECTED.
The City reserves the right to reject any or all bids and any portion of any bid, or to waive any
irregularities or informalities in the bids or the bidding..
Maria KachadoorianDated:February 19, 2015
Director of Finance
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I.CLIENT INTRODUCTION
Chula Vista is located at the center of one of the richest cultural, economic and
environmentally diverse zones in the United States. It is the second-largest City in San Diego
County with a population of nearly 250,000. Chula Vista boasts more than 50 square miles of
coastal landscape, canyons, rolling hills, mountains, and a variety of natural resources and
quality infrastructure. Established neighborhoods, contemporary communities, start-up firms,
corporations, nationally recognized entertainment venues, the nation’s only warm-weather
Olympic Training Center, an award winning nature center and a historic downtown all
contribute to Chula Vista’s attraction for both families and businesses.
Chula Vista means “beautiful view”. It has great year-round weather; miles of trails,
coastline, mountains and open space beckon runners, hikers, cyclists, birders, and outdoors
enthusiasts from the bay to lakes.
II BAYFRONT PROJECT AT A GLANCE
The Chula Vista Bayfront is a prime area for
development. A joint planning effort between the City of
Chula Vista(“City”) and the San Diego Unified Port
District (“Port”) created the Chula Vista Bayfront Master
Plan (CVBMP) which envisions developing a world-class
waterfront using sound planning and economics. The
CVBMP project area encompasses a total of
approximately 550 acres that includes approximately 490
acres of land area and 60 acres of water area.
http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/Imag
es/CVB_DRAFT_conceptualRendering_v2B.jpgThe Chula Vista Bayfront Master Plan
(CVBMP) transforms Chula Vista's underused industrial bayfront landscape into a thriving
residential and world-class waterfront resort destination. The Plan establishes thousands of
new jobs, creates new public parks, protects natural coastal resources, provides conference
and visitor-serving amenities and builds an important asset for the San Diego region, the
South Bay, Chula Vista residents and coastal visitors. The CVBMP is the result of a decade-
long joint planning effort by a broad coalition of stakeholders, the Port of San Diego, the City
of Chula Vista and Pacifica Companies.The CVBMPwas approved by the California
Coastal Commission on August 9, 2012.
http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/Imag
es/CVB_DRAFT_HSt_conceptualRendering_v2B.jpg
The Bayfront project was collaboratively planned through more than 100 community
meetings to ensure broad community stakeholder support.
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Protects sensitive wildlife habitat, species and other coastal resources with
extensive buffers
Permanent protection of habitat and open space from a land exchange between
Pacifica Companies and San Diego Unified Port District-providing a net gain of
62 acres of public land
Public promenades, bike trails, and other public access areas connecting the entire
bayfront
Expands overnight visitor-serving accommodations, with three additional hotels
Protects existing lower-cost RV camping uses, maintaining 236 RV sites in the
bayfront
Bayfront Resort and conference center (up to 1,600 rooms and 415,000 square
feet of meeting space)
Mixed-use commercial recreation, office, and residential with a portion of the
1,500 proposed units reserved for low and moderate income families
Waterfront visitor-serving retail uses and public gathering spaces
Reconfigured marina and improved commercial harbor and navigation channel
Projected to revitalize the waterfront and generate $1.3 billion for the region over
20 years
Creates more than 2,200 permanent jobs, nearly 7,000 construction jobs and
numerous indirect jobs in the regional economy
Public Benefit
When completed, more than 40 percent of the project area (230 acres) will be dedicated to
parks, open space and habitat restoration/preservation; with 130 new acres identified for
parks and open space that provide public access and use. The visitor-serving amenities and
mixed-uses will be clustered in the Harbor District to reduce impact on environmentally
sensitive areas.
Economic Benefits
The Chula Vista Bayfront Master Plan is expected to be economically sustainable. The plan
is designed to create local and regional jobs and produce new public revenues for the region.
The project is projected to generate $1.3 billion during its first 20 years, including more than
$11.5 million in annual tax revenues. Implementation of the plan will create more than 2,200
permanent jobs, nearly 7,000 construction jobs and numerous indirect jobs in the regional
economy.
From Planning to Implementation
Planning efforts began in 2002 and were guided by the Chula Vista Bayfront Master Plan
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Citizens Advisory Committee. The resulting draft land use plans were shaped through an
extensive public participation program, including a comprehensive environmental study,
which was certified in 2010.
The master plan will be implemented jointly by the Port of San Diego and the City of Chula
Vista in four major phases over a 24-year period. Phase one of implementation includes the
development of the resort conference center, the creation of public parks and open space, the
restoration of habitat areas, and the construction of a new fire station and mixed-use
residential development.
Over the next several years, the City anticipates the CVBMP’s new development projects
will require financing between $180 million to $510 million in capital and infrastructure
projects. The City and Port expect a need to finance approximately $180 million in
infrastructure costs before the convention center and hotel can open for business. A further
amount is likely to be required to finance a portion of the cost of the convention center.
To this end, the City of Chula Vista is seeking proposals from firms qualified to serve as
senior managing and/or co-managing underwriterfor a variety of potential financings that
include Certificates of Participation (COPs) and Community Facilities Districts (CFDs) and
other financing mechanisms relating to the development of the Chula Vista Bayfront.
Chula Vista Bayfront Master Plan Financing Agreement
On May 8, 2012, the City of Chula Vista and the San Diego Unified Port District approved
the Bayfront Master Plan Finance Agreement. The purpose for the agreement was to identify
the rights and obligations of each agency with respect to the financing, development and
construction of public improvements, infrastructure and conference center for the
implementation of the Bayfront Master Plan in accordance with the certified Final
Environmental Impact Report approved by the City and the Port District on May 16, 2010.
RIDA Corporation
On October 14, 2014, the Board of Port Commissioners selected RIDA Development
Corporation to enter negotiations to develop a destination resort and convention center on the
Chula Vista Bayfront (CVB). RIDA has developed and owns several other large-scale hotels
including the 720-room Omni Orlando Resort at ChampionsGate and the 1,400-room Hilton
Orlando. RIDA broke ground in April 2014 on the 1,000-room Marriott Marquis Houston
which will be attached to the 1.2 million square foot convention center.
On February 10, 2015, the Board of Port Commissioners approved an Exclusive Negotiating
Agreement (ENA) with RIDA. The ENA establishes a timeline of deliverables during the
term of the agreement, including programming the type and size of hotel and convention
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center. RIDA may also identify additional infrastructure or other sites within the Chula Vista
Bayfront for the District to consider, including in RIDA’s proposed development.
III. SCOPE OF SERVICES
Successful Respondents shall provide investment banking and underwriting services as a part
of the City’s financing team. The selected underwriting team will be expected to work with
the City’s finance team and other project participants in identifying methods of minimizing
debt service costs and formulating future debt financing strategies for the development of the
Chula Vista Bayfront which may include the issuance of CFDs, COPs and other financing
mechanisms. The underwriting team could be composed ofa pool of firms from which a
senior manager and possible co-manager(s) may be chosen to execute a transaction.
The selected underwriter will be expected to perform all duties associated with the
negotiation and sale of debt instruments including but not limited to:
1.Participate in planning process. Attend meetings related to the financing, perform
necessary research and quantitative analysis, and provide input regarding pricing
implications of structuring options.
2.Develop a sale strategy and marketing plan.
3.Assist in final structuring of the debt issue, make recommendations on the timing of
debt sale, maturity schedule, call provisions, lien structure and security, restrictions
and covenants to be included in the financing documents, bond ratings, cash flow
modeling of revenues and debt service requirements.
4.Assist City’s finance team in the preparation and review of bond and legal
documents.
5.Assist in document preparation related to the debt issue, presentations to the City
Council, rating agencies, and investors as appropriate.
6.Manage the underwriting team prior to and during the debt financing process.
7.Present timely and comprehensive summary analysis of the debt issue.
8.Other duties as assigned by City and/or its financial advisor.
IV. PROPOSAL SUBMITTAL REQUIREMENTS
A.Length
The Respondent should submit a Cover Letter signed by an officer who is legally
authorized to enter into a binding agreement and to make changes to the scope, terms,
and conditions of the agreement if selected. Contact information such as Name and
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Title, Name of Firm, Address, City, State, Zip, Telephone number, Fax number, and
E-mail address should be included. Also the Cover Letter should include a summary
of why the Respondent believes they should be selected to provide investment
banking and underwriting services to the City.
B.Questions
Proposers shall submit proposals in the following format,with a table of contents and
include allelements listed below.
1.Firm Experience
Provide an overall descriptive summary of your firm and its scope of business,
specifically as it relates to preparing financial strategies and experience in large
infrastructure projects. This description should also include a case study that
illustrates your experience in this area where the proposed financing team
members have served as lead consultants.
Describe your firm’s bond distribution capabilities including the experience of the
individual primarily responsible for underwriting the proposed bonds. The firm’s
ability to access both retail and institutional investors should be described.
2.Technical
a.Describe the firms understanding of the issuer’sfinancial situation,
including ideas on how the issuer should approach the financing issues
such as bond structures, credit rating strategies and investor marketing
strategies.
b.Describe the recommendations and financing techniques that your firm
proposes to structure the City of Chula Vista’s Bayfront financing plan.
Include your recommendation for either a competitive, negotiated or a
private placement and why.
c.Describe how your firm would work with bond counsel to ensure
acceptance of the financing structure and work through any legal issues
that may arise.
d.From a timing perspective, provide a pro-forma timeline on when the City
could anticipate coming to market.
3.Personnel
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Identify the lead investment banker and underwriter who will be responsible for
day-to-day management of the bond sale. Provide a summary of the professional
qualifications of those personnel in your firm who would be assigned to the City.
Outline briefly their areas of expertise, their office location and availability, and
the extent to which they may be available at all times, upon reasonable request, to
meet with City staff and other consultants in order to carry out their duties.
What firm(s) do you propose to use as underwriter’s counsel? Discuss why you
propose them and the value they bring to the program.
Include any other information that you consider appropriate and which will be
helpful in the City of Chula Vista’s choice of selecting an underwriter.
4.Fees
Provide a fixed feeproposal for negotiated sale, competitive sale and private
placement scenarios depending on your proposed financing structure. The City
will pay quoted fees contingent upon the closing of the financing.
V.PROPOSAL INSTRUCTIONS
A. Inquiries
March 2,
Inquiries regarding this RFP must be e-mailed and submitted no later than
2015
to:
Maria Kachadoorian, Director of Finance
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
E-mail address – mkachadoorian@chulavistaca.gov
Responses from the City will be by email notification from Planet Bids posted as an
March 9, 2015by 5 p.m
addendum to the RFP on .Inquiries made after the date stated
above will be returned to the sender without a response. No question will be answered
via the telephone.
B.Submission of Proposals
4:00 p.m. on March 18, 2015
Proposals are due by . The Respondent shall submit
one original (marked accordinglyand unbound) and four copies of the proposal in a
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sealed envelope bearing the Respondent’s name and address, and clearly marked with
the RFP name, number, date, and time due to:
City of Chula Vista
Attn: Finance Department/Purchasing Division
276 Fourth Avenue Building “A”
Chula Vista, CA 91910
The City will conduct a preliminary review of the proposals to determine if the above
itemsand copies are included as required in the RFP. If a proposal does not include all
items fully completed, the proposal shall be considered asnot responsive.
C.Rights of City
This RFP does not commit the City to enter into an Agreement, nor does it obligate the
City to pay for any costs incurred in preparation and submission of proposals or in
anticipation of an Agreement. The City may investigate the qualifications of any
Respondent under consideration, require confirmation of information furnished by the
Respondent, and require additional evidence or qualifications to perform the Services
described in this RFP.
The City reserves the right to:
1.Reject any or all proposals.
2. Issue subsequent Requests for Proposal.
3. Postpone opening for its own convenience.
4.Remedy technical errors in the Request for Proposal process.
5. Negotiate with any, all, or none of the Respondents.
6. Solicit best and final offers from all or some of the Respondents.
7.Select one or more Respondents.
8. Accept other than the lowest proposed fees.
9.Waive informalities and irregularities in proposals.
D. Collusion
By submitting a proposal, each Respondent represents and warrants that its proposal is
genuine and not false or collusive or made in the interest of, or on behalf of any person
not named therein; that the Respondent has not directly or indirectly induced or solicited
any other person to submit a false proposal, or any other person to refrain from
submitting a proposal; and that the Respondent has not, in any manner, sought collusion
to secure any improper advantage over any other person submitting a proposal.
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E. Withdrawal of Proposals
A Respondent may withdraw their proposal before the expiration of the time for
submission of proposals by delivering to the Finance Department a written request for
withdrawal signed by, or on behalf of, the Respondent.
VI.AGREEMENTS
Respondent shall be required to enter intoa consultant agreement with the City.
Attached is a copy of the City’s standard consultanttwo-partyagreement (Attachment
D). If Respondent has an exception to any of the terms in the Consultant Agreement,
Respondent must describe the exception in its Response. Respondent waives the right to
object to any term of the Consultant Agreement if it fails to declare an exception in its
Response.
Respondent shall be required to provide the following levels of insurance, at its expense,
during the term of the Consultant Agreement.
VII.INSURANCE REQUIREMENTS
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).
a.Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code 1 (any auto).
WC. Workers’ Compensation insurance as required by the State of California and
b.
Employer’s Liability Insurance.
E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
c.
the Consultant’s profession. Architects’ and Engineers’ coverage is to be endorsed to
include contractual liability.
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3.Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000per 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 $1,000,000per accident for bodily injury, including death, and
Liability:property damage.
iii. Workers’ Statutory
Compensation $1,000,000each accident
Employer’s $1,000,000 disease-policy limit
Liability:$1,000,000 disease-each employee
iv. Professional $1,000,000each 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.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,
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with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant’s
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b.Primary Insurance. The Consultant’s General Liability insurance coverage must be
primary insurance as it pertains to the City, its officers, officials, employees, agents,
and volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers iswholly 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.
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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 ofCalifornia 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.
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.
B.
VIII.INDEMNIFICATION
Respondent shall be required to indemnify the City pursuant to the following language:
A. Indemnification and Hold Harmless Agreement
To the fullest extent provided by law with respect to all liability except liability for
Professional Services, covered under Section B, the Service Provider agrees to defend,
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indemnify, protect and hold harmless the City, its agents, officers and employees, from
and against any claim, demand, action, proceeding, suit or liability for damages, costs
(including reasonable attorneys’ fees) or expenses for damages to property or the loss of
use thereof or injuries or death to any person (including Respondent’s employees),
caused by, arisingout of or related to the performance of, Service Provider as provided in
the Scope of Services, or failure to act by Respondent, its officers, agents and employees.
The Respondent’s duty to defend, indemnify, protect, and hold harmless shall not include
any claims or liabilities arising from the active negligence, sole negligence or willful
misconduct of the City, its agents, officers, or employees.
The Respondent further agrees that the indemnification, including the duty to defend the
City, requires the Respondent to pay reasonable attorneys’ fees and costs the City incurs
that are associated with enforcing the indemnification provision, and defending any
claims, demands, or liabilities arising from the services of the Respondent performed
pursuant to this Agreement.
The City may, at its own election, conduct its defense, or participate in the defense of any
claim demand related in any way to the Agreement. If the City chooses as its own
election to conduct its own defense, participate in its own defense or obtain independent
legal counsel in defense of any claim, demand or liability related to Respondent’s Scope
of Services, the Respondent agrees to pay the reasonable value of attorneys’ fees and all
of the City’s costs.
B. Indemnification for Professional Services:
As to the Respondent’s professional obligation, work or services involving this Project,
the Respondent agrees to indemnify, defend and hold harmless the City, its agents,
officers and employees from and against any and all liability, claims, costs, and damages,
including but not limited to, attorney’sfees, that arise out of, or pertain to, or relate to the
negligence, recklessness or willful misconduct of Respondent and its agents in the
performance of services under this agreement,but this indemnity does not apply liability
for damages for death or bodily injury to persons, injury to property, or other loss, arising
from the sole negligence, willful misconduct or defects in design by City or the agents,
servants, or independent contractors who are directly responsible to City, or arising from
the active negligence of City.
IX. OWNERSHIP OF DOCUMENTS
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for the Project shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in
part for the Project shall be subject to private use, copyrights or patent rights by
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Respondent 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 for this project.
X.PUBLIC DISCLOSURE
All proposals submitted in response to this RFP become the property of the City and are
public records, and as such may be subject to public review. Under the California Public
Records Act (California Government Code Section 6250 et seq.) records in the custody of
a public entity generally have to be disclosed unless the information being sought falls
into one or more of the exemptions to disclosure set out in Government Code Sections
6254 through 6255. The cover letter of the proposal should contain a paragraph that states
whether or not Respondent believes that its proposal does or does not contain information
that falls into one of the exemptions of Government Code Sections 6254 through 6255
and whether or not Respondent considers such information to be confidential.
City may be obligated to disclose proposal to any party that requests it. Regardless of
assertions of confidentiality, proposal contents may still be disclosed if City, or a court
with jurisdiction, determines that such proposal is a public record requiring disclosure.
XI. RATING AND SELECTION PROCESSAND TIMELINE
A. Evaluation Criteria
The proposals will be ranked by a selection panel using the following criteria:
Experience and capabilities of the firm in similar transactions
Experience of the assigned individuals
Quality and suitability of the proposed financing plan
Price/cost
B. Evaluation Procedure
A Selection Review Panel, generally made up of City staff, will review the proposals and
establish a list of finalists based on evaluation criteria/matrix. The City will interview the
finalists and rank the finalists. The names of the Review Panel members are not revealed
prior to the interviews. The composite rating and evaluation forms prepared by Panel
members will not be revealed.
Approximately 1 hour will be allowed for the oral interview and a question and answer session.
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The Respondent must lead a brief presentation before the Review Panel. Interviews shall be
April 6, 2015
conducted during the week of . Each Respondent is asked to keep these dates
If your firm is selected to make a
open. No other interview dates shall be provided.
presentation and be interviewed, please limit the participants to only those who will have
direct responsibility for the structuring, underwriting,and marketing of bonds.
C. Award
When the Review Panel has completed its work, City staff will then recommend an
investment banking and underwriting firm to the City Council for approval.
Estimated Timeline
(Subject to change without notice):
Release of RFP February 19, 2015
Deadline for questions March 2, 2015 by 4:00 pm
Responses to questions posted on PlanetBids.comMarch 9, 2015 by 5:00 pm
Proposals are due March 18, 2015 by 4:00 pm
Interviews Week of April 6, 2015
Contractor(s) selection Week of April 13, 2015
XIISTANDARD TERMS AND CONDITIONS
The proposal shall be signed by an individual authorized to bind the Contractor, and shall
contain a statement to the effect that the proposal is a firm offer for a 90-day period. The
proposal shall also provide the name, title, address and telephone number of individual(s)
with authority to negotiate and contractually bind the company for this period and who also
may be contacted during the period of proposal evaluation.
Public Agency Participation
Other public agencies (e.g. city, county, public corporation, political subdivision, school
district, or water authority) may want to participate in any award as a result of this
proposal. The City of Chula Vista shall incur no financial responsibility in connection
with any contract by another public agency. The public agency shall accept sole
responsibility for entering into contractsand making payments to the successful
respondent. This option will notbe considered in proposal evaluation. Please indicate
whether this will be granted.
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Yes ________ No ________
Proposal & Offer to Contract
This Proposal and Offer to Contract, subject to the specifications, terms and conditions,
and General Provisions (Attachment A) herein, when duly accepted by the City shall
constitute the contract between the parties.
In consideration of the payments to be provided by the City, and in accordance with the
conditions expressed in the proposal forms and specifications attached and by this
reference incorporated herein, contractor agrees to provide investment banking and
underwriting services to the City of Chula Vista.
Company Name
Address
CityStateZip
Telephone Fax
Email address
Print NameTitle
SignatureDate
Information that must be completed and returned with proposal:
Public Agency Participation Option
Proposal & Offer to Contract
Disclosure Statement (Attachment C)
If addendum(s) is issued it must be signed and returned with proposal.
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GENERAL CONDITIONS
Award
This RFP does not commit the City to award a contract, to pay any costs incurred in the
preparation of the proposal to this request, or to procure or contract for services or supplies. The
City reserves the right to accept or reject any or all proposals received as a result of this request,
to negotiate with any qualified source, or to cancel in part or entirely this RFP, if it is in the best
interest of the City to do so. The City further reserves the right to waive any technicalities or
minor irregularities in bids received. The City may require the selected bidder to participate in
negotiations and to submit such price, technical or other revisions of their proposals as may
result from negotiations. The City shall be the sole judge in determining award of contract.
Period of Coverage & Option Renewals
This agreement shall be effective upon execution for a period of one-year with five one-year
options upon mutual consent. Prices quoted shall remain firm for initial period of coverage.
Insurance
Successful bidder shall, throughout the duration of this agreement, maintain comprehensive
general liability ($1,000,000 per occurrence), automotive liability ($1,000,000 per accident),
worker’s compensation and professional liability insurance covering all operations of the bidder;
its agents and employees, including but not limited to premises and automobile, with minimum
coverage of One Million Dollars ($1,000,000.00) combined single limit. Evidence of such
coverage, in the form of a Certificate of Insurance and Policy Endorsement that names the City
of Chula Vista as an additional insured, shall be submitted to the Purchasing Division within ten
(10) days of notification of award. This endorsement must be on a separate "Schedule B".
Thirty (30) day written notice to the City of Chula Vista of cancellation or material change shall
be provided. Insurance Certificates shall not include "Modified Occurrence" restrictions. No
substitutions shall be allowed.
Insurance requirements may also be obtained by visiting:
http://www.chulavistaca.gov/City_Services/Administrative_Services/Finance/Purchasing/sell.asp.
The City of Chula Vista may require additional insurance.
Business License
A business license is required in the City of Chula Vista by any person who transacts, engages in
or carries on any business within the corporate limits of the city (Chula Vista Municipal Code
5.02.020).
Local Business Consideration
According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with
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Section 1011 of the Charter, in the event two or more bids are received which are for the same
total amount or unit price and in all other respects are equal, the contract shall be awarded to a
local bidder. In the event, however, that such tie bids are all from vendors either wholly inside
or all outside of the city, then the contract shall be awarded by drawing lots in public. In
evaluating bids for award, the City ofChula Vista considers the 1% sales tax allocated back to
the City from vendors located in Chula Vista.
City’s Best Interests
The City of Chula Vista reserves the right to accept or reject any or all proposals received as a
result of this Request for Proposal. The City further reserves the right to negotiate with qualified
contractors, to amend, or to cancel, in part or in whole, this Request for Proposal if it is in the
City’s best interest to do so.
Public Disclosure
All proposals submitted in response to this RFP become the property of the City and are public
records, and as such may be subject to public review. Under the California Public Records Act
(California Government Code Section 6250 et seq.) records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of the
exemptions to disclosure set out in Government Code Sections 6254 through 6255. The cover
letter of the proposal should contain a paragraph that states whether or not Respondent believes
that its proposal does or does not contain information that falls into one of the exemptions of
Government Code Sections 6254 through 6255 and whether or not Respondent considers such
information to be confidential.
City may be obligated to disclose proposal to any party that requests it. Regardless of assertions
of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction,
determines that such proposal is a public record requiring disclosure.
ATTACHMENTS:
Attachment A - General Provisions
Attachment B - Chula Vista Bayfront Master Plan Financing Agreement
Attachment C –Disclosure Statement
Attachment D –Sample Two-Party Agreement
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Exhibit C
to
Agreement between
City of Chula Vista
and
J.P. Morgan Securities LLC
Extendible
Fixed Rate CommercialCommercialVariable Rate
ProductBondsPaperPaperDemand Bonds
Per Bond $5.00 –N/AN/AN/A
Takedown$7.50 per bond
RemarketingN/A8 bps10 bpsDaily: 10 bps
Agent FeesWeekly: 8 bps
Credit Facility N/ATo be NegotiatedTo be NegotiatedTo be
FeeNegotiated
Fees related to other forms of financing subject to future negotiation and separate financing
agreements.
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVINGAN AGREEMENT TO PROVIDE
INVESTMENT BANKING AND BOND UNDERWRITING
SERVICES FOR THE BAYFRONT PROJECT BETWEEN THE
CITY ANDJ.P. MORGAN SECURITIES, LLC AND
AUTHORIZING THE CITY MANAGER TO EXERCISE FIVE
ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, the City of Chula Vista and the San Diego Unified Port District (Port) have
beenparticipating in a joint planning effort to develop the Chula Vista Bayfront (the
“Bayfront”); and
WHEREAS, when completed, the Bayfront will create thousands of new local and
regional jobs, create new public parks, protect natural coastal resources, and provide conference
and visitor-serving amenities; and
WHEREAS, over the next several years, the City anticipates new development projects in
the Bayfront will require financing for infrastructure and other project costs; and
WHEREAS, the City intends to contract for investment banking and bond underwriting
services to be performed in connection with the development of the Bayfront project (the
“Bayfront Project”); and
WHEREAS, the Finance Department issued a Request for Proposals (RFP P09-14/15) to
provide Investment Banking and Underwriting Services for the Bayfront Project; and
WHEREAS, the City completed an evaluation of the proposals for Investment Banking &
Underwriting Services and selected J.P. Morgan Securities, LLC; and
WHEREAS, the Finance Department will bring any contemplated bond issuances or
other financing mechanisms for City Council consideration and approval prior to issuing bonds
or otherwise incurring debt.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves theagreement to provide investment banking and bond underwriting
services for the Bayfront Project,between the City andJ.P. Morgan Securities, LLC, inthe form
presented, with such minor modifications as may be required or approved by the City Attorney, a
copy of which shall be kepton file in the Office of the CityClerk,and authorizesand directsthe
Mayorto execute sameand authorizes the City Manager to exercise five one-year options to
extend the agreement.
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Resolution No.
Page 2
Presented byApproved as to form by
Maria KachadoorianGlen R. Googins
Deputy City Manager/CFOCity Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID
REQUIREMENT, APPROVINGAN AGREEMENT TO
PROVIDE ECONOMIC ADVISORY SERVICES FOR THE
BAYFRONT PROJECT BETWEEN THE CITY AND
ECONOMIC &PLANNING SYSTEMS, INC., AND
AUTHORIZING THE CITY MANAGER TO EXERCISE TWO
ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, the City and the San Diego Unified Port District (Port) are participating in a
joint planning effort to develop the Chula Vista Bayfront (the “Bayfront”); and
WHEREAS, Economic & Planning Systems, Inc. (EPS)will provide independent
economic advice in the City’s efforts related to the Bayfront; and
WHEREAS, EPSbrings experience in large-scale redevelopment and reuse,
public/private development, and waterfront development that will be valuable to the City’s
efforts to develop the Bayfront; and
WHEREAS, in February 2015, the Board of the Commissioners of the Port approved an
exclusive negotiating agreement with RIDA Development Corporation(Developer)to develop a
destination resort and convention center on the Chula Vista Bayfront(the “Bayfront Project”),
the terms of which will eventually be incorporated in agreements which will have financial and
fiscal implications for the City that need to be carefully vetted and considered from the City’s
perspective; and
WHEREAS, EPSwill work with City and Port staff and consultants to develop a plan of
finance and implementation strategies necessary to execute itfor the Bayfront Project; and
WHEREAS, EPS will review financial and economic analyses prepared by City and Port
staff and consultants in order to understand the overall financial structure of the Bayfront Project
and key economic issues; and
WHEREAS, EPS will serve as an advisor to the City, providing strategic, analytic, and
negotiation support as the City works through issues associated with the governance and
financing of the Bayfront Project, and the negotiation of the terms of agreements between the
City, the Port, and the Developer; and
WHEREAS, Chula Vista Municipal Code Section 2.56.070(B)(3)& (4)allows for a City
Council waiver of the formal competitive bid process if the city’s interests would be materially
better served by applying a different purchasing procedure approved by the purchasing agent as
being consistent with good purchasing practices; and
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Resolution No.
Page 2
WHEREAS, EPS previously provided these services to the City for the Bayfront Project,
and therefore has a thorough and unique understanding of the project and potential financing
structures that are being considered; and
WHEREAS, based upon the prior experience of EPS providing economic analysis
services for the Bayfront Project, the city’s interest would be materially better served by
continuing to contract with EPS for these services rather than conducting a competitive formal
bid process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves theagreement to provide economic advisory services for the Bayfront
Project, between the City andEconomic & Planning Systems, Inc., inthe form presented, with
such minor modifications as may be required or approved by the City Attorney, a copy of which
shall be kepton file in the Office of the CityClerk, and authorizesand directsthe Mayorto
execute sameand authorizes the City Manager to exercise two one-year options to extend the
agreement.
Presented byApproved as to form by
Maria KachadoorianGlen R. Googins
Deputy City Manager/CFOCity Attorney
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Staff Report
File#:15-0353, Item#: 7.
ORDINANCEOFTHECITYOFCHULAVISTAAMENDINGCHAPTER15.24OFTHECHULA
VISTAMUNICIPALCODEADDINGSECTION15.24.070SMALLRESIDENTIALROOFTOPSOLAR
ENERGY SYSTEMS (FIRST READING)
RECOMMENDED ACTION
Council place the ordinance on first reading.
SUMMARY
Section65850.5(g)(1)oftheCaliforniaGovernmentCodeprovidesthat,onorbeforeSeptember30,
2015,everycity,county,orcityandcountyshalladoptanordinancethatcreatesanexpedited,
streamlinedpermittingprocessforsmallresidentialrooftopsolarenergysystems.Theproposed
ordinance is intended to satisfy the requirement.
ENVIRONMENTAL REVIEW
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityfallswithinthe
Class8CategoricalExemptionpursuanttoCaliforniaCodeofRegulationsTitle14,Chapter3,Article
19(the“StateCEQAGuidelines”)section15308andthereforeisexemptfromenvironmentalreview;
andnotwithstandingtheClass8CategoricalExemption,theDirectorofDevelopmentServiceshas
furtherdeterminedthatthereisalsonopossibilitythattheactivitymayhaveasignificanteffectonthe
environment;therefore,pursuanttosection15061(b)(3)oftheStateCEQAGuidelinestheactivityis
exempt from the provisions of CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
AssemblyBill2188(2014)amendedSection65850.5oftheGovernmentCode(GC)torequirecities
andcounties,onorbeforeSeptember30,2015,toadoptanordinancethatcreatesanexpedited,
streamlined permitting process for small residential rooftop solar energy systems.
As defined in GC Section 65850.5, a small residential rooftop solar energy system is:
a.Asolarenergysystemthatisnolargerthan10kilowattsalternatingcurrentnameplaterating
or 30 kilowatts thermal.
b.Asolarenergysystemthatconformstoallapplicablestatefire,structural,electrical,andother
buildingcodesasadoptedoramendedbytheCityandallstateandCityhealthandsafety
standards.
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c.A solar energy system that is installed on a single or duplex family dwelling.
d.Asolarpanelormodulearraythatdoesnotexceedthemaximumlegalbuildingheightas
defined by the City.
Section 65850.5 of the GC provides that in developing an expedited permitting process, the city shall:
a.Adoptachecklistofallrequirementswithwhichsmallrooftopsolarenergysystemsmustcomplywithtobe
eligible for expedited review.
b.Theexpediteprocess,standardplan(s),andchecklist(s)shallsubstantiallyconformtorecommendations
containedinthemostcurrentversionofthe CaliforniaSolarPermittingGuidebook(CSPG)adoptedbythe
Governor’s Office of Planning and Research.
c.Alldocumentsrequiredforthesubmissionofanexpeditedsolarenergysystemapplicationshallbemade
available on the publicly accessible City website.
d.ElectronicsubmittaloftherequiredpermitapplicationanddocumentsbytheInternettobemadeavailabletoall
small residential rooftop solar energy system permit applicants.
e.Onlyoneconsolidatedinspectiontoberequiredanddoneinatimelymanner.Re-inspectionsareallowedifthe
system fails inspection.
Staffhasdevelopedeligibilitychecklistsandimplementedanexpediteprocessforeligibleresidentialroof-topsystems.
Thechecklists,standardplansandexpediteprocessdosubstantiallyconformtothecurrentversionoftheCSPG.In
addition,staffdevelopedawebpageontheCity’swebsitededicatedtothestreamlinedprocesscontainingallrequired
submittaldocumentsandreferencetoresources.Furthermore,staffisintheprocessofdevelopinganonlinesubmittal
process where applicants can submit the application and documents, and pay fees via the City’s Citizen Access portal.
Theproposedordinanceauthorizesthebuildingofficialtodevelopandmaintaintheeligibilitychecklists.Anapplication
thatsatisfiestherequirementsoftheeligibilitychecklists,asdeterminedbythebuildingofficial,willbedeemedcomplete
andeligiblefortheexpeditedpermittingprocess.Uponconfirmationbythebuildingofficialoftheapplicationand
supportingdocumentationbeingcompleteandthatthesolarenergysystemsubstantiallyconformstoallapplicablelocal,
state,andfederalhealthandsafetyrequirements,thebuildingofficialwilladministrativelyapprovetheapplicationand
issuetherequiredpermits.Asforinspections,oneconsolidatedbuildinginspectionisrequired,whichwillbeperformedin
a timely manner. If the system fails inspection, re-inspections will be required.
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite-specificand
consequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section18705.2(a)(11),isnotapplicable
tothisdecisionforpurposesofdeterminingadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthe
Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthatmay
constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strong
andSecureNeighborhoodsandaConnectedCommunity.TheproposedordinancesupportstheHealthyCommunitygoal
asitseekstofacilitatetheinstallationofrenewableenergysystemsthatwillhelptheCityandStatereachedtheirenergy
and environmental goals.
CURRENT YEAR FISCAL IMPACT
Therearenoincreasesinfeesproposedinthisadoption.Currently,theCitysubsidizesthepermitfeesforresidential
solarsystems.Thetotalpermitfeeiscurrently$250.BetweenFY10andFY15,thenumberofprocessedresidential
solarpermitsincreasedbyabout1900%.InFY15,staffprocessedaround1,750solarpermitapplications.Expediting
suchalargenumberofpermitsmayhaveanimpactonresources.StaffwillcontinuetomonitorthisandupdateCity
Council as necessary.
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TheGeneralFundimpactforthissubsidyinfiscalyear2014wasapproximately$445,000andisexpectedtobeinthe
same range in fiscal years 2015 and 2016.
ONGOING FISCAL IMPACT
StaffiscurrentlyworkingonanupdatetotheDevelopmentServiceDepartment’sfeescheduleandwillbringthatforward
toCityCouncilforconsiderationatafuturemeeting.AfullcostrecoverymodelwillbeusedforthisexpeditedPVreview
service fee.
ATTACHMENTS
No attachments.
Staff Contact: Lou El-Khazen, Building Official, Development Services
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ORDINANCE NO.__________
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE
ADDING SECTION 15.24.070 SMALL RESIDENTIAL
ROOFTOP SOLAR ENERGY SYSTEMS
WHEREAS,Subsection (a) of Section 65850.5 of the California Government Code
provides that it is the policy of the State to promote and encourage the installation and use of
solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of
such systems; and
WHEREAS,Subdivision (g)(1) of Section 65850.5 of the California Government Code
provides that, on or before September 30, 2015, every city, county, or city and county shall adopt
an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that
creates an expedited, streamlined permitting process for small residential rooftop solar energy
systems.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I.Added Section 15.24.070
That Section 15.24.070 is hereby added to Chapter 15.24 of the Chula Vista Municipal
Code and reads as follows:
15.24.070 Small residential rooftop solar energy systems.
A. Definitions.
Thefollowing definitions are adopted from California Government Code section 65850.5, as
may be amended from time to time. These definitions shall apply to this Chapter 15.24 and
are restated here for reference.
1.A “feasible method to satisfactorily mitigate or avoid the specific, adverse impact”
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by
the city on another similarly situated application in a prior successful application for a
permit. The city shall use its best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision
(d) of Section 714 of the Civil Code.
2. “Small residential rooftop solar energy system” means all of the following:
a.A solar energy system that is no larger than 10 kilowatts alternating current nameplate
rating or 30 kilowatts thermal.
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@6C05526A\\@BCL@6C05526A.doc
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b.A solar energy system that conforms to all applicable state fire, structural, electrical,
and other building codes as adopted or amended by the City and all state and City
health and safety standards.
c.A solar energy system that is installed on a single or duplex family dwelling.
d.A solar panel or module array that does not exceed the maximum legal building
height as defined by the City.
3. “Solar Energy System” means either of the following:
a.Any solar collector or other solar energy device whose primary purpose is to provide
for the collection, storage, and distribution of solar energy for space heating, space
cooling, electric generation, or water heating.
b.Any structural design feature of a building, whose primary purpose is to provide for
the collection, storage, and distribution of solar energy for electricity generation, space
heating or cooling, or for water heating.
4. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
B. Purpose. The purpose of this section is to adoptan expedited solar permittingprocess for
small residential rooftop solar energy systems pursuant to Government Code 65850.5(g).
C. Applicability. This Section applies to the permitting of eligible small residential rooftop solar
energy systems in the City.
D.Permitting. Applicants desiring to qualifyfor the expedited reviewshall submit an
application to the City, in a form approved by the City’s building official. The building
official is authorized to administratively act on such applications, pursuant to this section.
Notwithstanding any other provisionof this Code, decisions made by the building official
pursuant to this Chapter may be appealed to the Planning Commission.
E.Eligibility checklists. The City building official is authorized and directed to develop
checklistsof all requirements with which small rooftop solar energy systems shall comply to
be eligible for expedited review.The initial checklistsshall be developed on or before
September 30, 2015, and shall be the City’s adopted checklists, in accordance with
Government Code section 65850.5. The building official shall maintain the checkliststo
substantiallyconform with the recommendations contained in the most current version of the
California Solar Permitting Guidebook and adopted by the Governor's Office ofPlanning and
Research.
F. An applicationthat satisfies the requirements ofthe eligibility checklists, as determined by
the building official, shall be deemed completeand eligible for the expedited permitting
process. Upon receipt of an incomplete application, the building official shall issue a written
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correction notice detailing all deficiencies in the application and any additional information
required to be eligible for the expedited permittingprocess.
G. Upon confirmation by the building official of the application and supporting documentation
being complete and that the solar energy system substantially conforms to all applicable
local, state, and federal health and safety requirements, the building official shall
administratively approve the application and issue required permits. Such approval does not
authorize an applicant to connect the small residential rooftop energy system to the local
utility provider’s electricity grid. The applicant is responsible for obtaining such approval or
permission from the local utility provider.
H. For a small residential rooftop solar energy system eligible for expedited review, one
consolidated building inspection shall be required, which shall be done in a timely manner.If
a small residential rooftop solar energy system fails inspection, re-inspections are required.
I.Fees. Permit fees for eligible small residential rooftop solar systems shall be as specified in
the Master Fee Schedule of the City of Chula Vista.
J.Use Permit. If the building officialmakes a finding, based on substantial evidence, that the
proposed solar energy system could have a specific, adverse impact on the public health and
safety, the building official may require the applicant to apply for a use permit.
K.Denial. The City may deny an application if it makes written findings based on substantial
evidence in the record that the proposed installation would have a specific, adverse impact on
the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
Section II.Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
anyreason 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
duplicateor 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.
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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 byApproved as to form by
_________________________________________________________________________
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development ServicesCity Attorney
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Staff Report
File#:15-0412, Item#: 8.
A.RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAMENDING
RESOLUTIONNO.2014-150OFTHECITYOFCHULAVISTABYADOPTINGTHE
CALIFORNIACOASTALCOMMISSION’SMARCH11,2015ACTIONSONTHECITYOF
CHULAVISTALOCALCOASTALPROGRAMANDACCEPTINGANDINCORPORATING
ONE MODIFICATION TO EXHIBIT 8a OF THE LAND USE PLAN
B.ORDINANCEOFTHECITYOFCHULAVISTAAPPROVINGTHEAMENDEDSPECIFIC
PLANOFTHECHULAVISTALOCALCOASTALPROGRAM,AMENDINGCHULAVISTA
MUNICIPALCODECHAPTERS19.81THROUGH19.87ANDMAKINGCERTAINFINDINGS
WITHREGARDTHERETO(SECONDREADING)(ThisordinancewasintroducedJuly22,
2014)
RECOMMENDED ACTION
Council adopt the resolution and ordinance.
SUMMARY
OnJuly22,2014CitystaffpresentedaResolutionandOrdinancetotheCityCounciloftheCityof
ChulaVistamakingsomeminorclean-upmodificationstothecertified2012LocalCoastalProgram
(LCP).TheChulaVistaLCPcoverstheareashowninAttachment1andiscomposedoftheLand
UsePlanandSpecificPlandocuments.Theclean-upmodificationstotheLCPweredescribedand
analyzedintheassociatedstaffreportpackage,attachedheretoforreference(seeAttachment2).
Atthatmeeting,theCouncilapprovedResolution2014-150adoptinganaddendumtothe
EnvironmentalImpactReport(UPD#83356-EIR-65B/SCH#2005081077),andapprovingthe
AmendedLandUsePlanoftheLocalCoastalProgram.TheCouncilalsoconductedthefirstreading
oftheOrdinanceapprovingtheAmendedSpecificPlanoftheChulaVistaLocalCoastalProgram
andAmendingChulaVistaMunicipalCodeChapters19.81through19.87,anddirectedstaffto
forwardtheapprovedLCPdocumentstotheCaliforniaCoastalCommission(CoastalCommission)
for approval and certification.
CaliforniaStateLawrequiresthatcoastalcitiesadoptanLCPorLCPamendment,whichmustbe
certifiedbytheCoastalCommissionbeforetheLCPcanbecomeeffectiveandimplementedbythe
localjurisdiction.AtCouncil’sdirection,staffforwardedthemodifieddocumentstotheCoastal
Commissionforitscertification.TheCoastalCommissionconsideredthemodifieddocumentsatits
meetingofMarch11,2015andadoptedthemodifiedLCPasapprovedbytheCityCouncilwithonly
onesuggestedmodificationtotheLandUsePlan(LUP)(seeAttachment3,LetterfromCoastal
Commission).ThesuggestedmodificationrevisesLUPExhibit8atoextendtheviewcorridortothe
area next to the newly designated building footprint on Parcel 2-h (see Attachment 4).
ENVIRONMENTAL REVIEW
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TheproposedmodificationstotheLCPhavebeenreviewedforcompliancewiththeCalifornia
EnvironmentalQualityAct(CEQA)andtheCityCouncilhasdeterminedthattheprojecthasbeen
coveredinpreviouslyadoptedEnvironmentalImpactReportUPD#83356-EIR-
65B/SCH#2005081077.TheCityCouncilhasfurtherdeterminedthatonlyminortechnicalchangesor
additionstothisdocumentarenecessaryandthatnoneoftheconditionsdescribedinSection15162
oftheStateCEQAGuidelinescallingforthepreparationofasubsequentdocumenthaveoccurred;
therefore,theCityCouncilhasadoptedanAddendumtoEnvironmentalImpactReportUPD#83356-
EIR-65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA Guidelines.
BOARD/COMMISSION RECOMMENDATION
None.
DISCUSSION
TheCity,PortandCommunitybeganpreparationoftheBayfrontMasterPlanandLCPin2002.The
LCPwascertifiedbytheCaliforniaCoastalCommissioninAugust2012andadoptedbytheChula
VistaCityCouncilonSeptember25,2012.AtthetimethattheLCPwasunderpreparation,
processingandadoption,theCityundertooksignificantMunicipalCodechangesparticularlyrelated
totheboardsandcommissionsinchargeofreviewingprojectsandmakingrecommendationstothe
CityCouncil.ThesechangeswerenotreflectedinthefinalLCP.Therefore,attheendoftheprocess
variouscleanuprevisionswereneeded,noneofwhichcauseanysubstantialchangesintheLUP
andSPprovisions.TheminorchangespresentedtoandadoptedbytheCityCouncilatitsmeetingof
July 22, 2014 are listed and summarized below:
¤Update references to City Council documents approving the LCP on September 25, 2012;
¤Remove references to non-applicable and non-existing boards and committees;
¤Include new applicable boards/committees;
¤Makeaminorchangetomaps/graphicsrelatedtocoastalareaboundariestoexcludea
Caltrans property at the interchange of I-5 and SR-54;
¤Remove outdated specific business names and replace with general business types;
¤Add a building footprint to Parcel 2-h on Exhibits 8a, 8b, and 14;
¤AddlanguagetofurtherclarifythataretailmarketispermittedonParcel2-hinthe
Commercial - Professional and Administrative Zone;
¤Include44-footheightlimitationforParcel3-LonHeightTable,consistentwiththe
requirements of the I-G zone; and
¤RemoveTax-IncrementFinancingandSetAsideFundsassourcesoffundingforthe
implementation of the LCP due to the closure of Redevelopment Programs by the State.
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Sincetheproposedamendmentsdidnotconstituteasubstantialchangeinthedocuments’
objectives,policiesorregulations,nordidtheyaffectcompliancewiththepoliciesoftheCalifornia
CoastalAct,theCityCouncilapprovedthemodificationsanddirectedstafftoforwardthemtothe
CoastalCommissionforcertification.TheCoastalCommissionreviewedtheproposedchangesto
theLCPatitsmeetingofMarch11,2015andconcurredwiththeCityCouncilbyadoptingtheLCP
modificationswithonlyoneadditionalmodificationtoreviseExhibit8aoftheLUPtoextendtheview
corridornexttothenewlydesignatedbuildingenveloponParcel2-h,asshownontheattached
Exhibit 8a.
ANALYSIS
StaffhasanalyzedthesuggestedmodificationfromtheCoastalCommissiontoreviseExhibit8a,and
hasdeterminedthatthemodificationisminorandinconsequentialforthelandusepolicyand
regulatorynatureofthedocuments.TherevisiontoExhibit8aisintendedtoextendtheviewcorridor
intheareabetweenthetwofuturebuildingsonParcel2-h.Thisisnecessarybecausetheadditionof
abuildingfootprintandstructureatthenorth-endofParcel2-hcouldpotentiallyaffectviewsofthe
Bayfromtheeastsideoftheparcels.Thesuggestedviewcorridorwouldcreatea70’to95’setback
betweenbuildings,preservingbayviewsfromBayBoulevardandInterstate5freeway.Theinclusion
ofthesuggestedviewcorridorcreatesconsistencyinthedevelopmentofthefutureprojectswithin
Parcels2-fandParcel2-h.Staff,therefore,recommendsthattheCityCounciladoptthesuggested
modificationtotheLCPandapprovetherevisionaspresentedintheattachedCityCouncil
Resolution.
ThesuggestedmodificationtoExhibit8aonlyaffectstheLUPanditsapprovingresolution,because
theSpecificPlan(whichisthesubjectoftheOrdinance)doesnotcontainsaidexhibit.Aspartofits
prioractionsonJuly22,2014,theCouncilplacedtheOrdinanceapprovingtheSpecificPlanonfirst
reading.ThesecondreadingoftheOrdinance,however,hadtobeputonholduntilafteritsadoption
andcertificationbytheCoastalCommission.SincetheCoastalCommissionhasadoptedand
certifiedtheSpecificPlanastheregulatorydocumentoftheLCPwithoutmakinganymodifications
thereto,thesecondreadingoftheOrdinancemaybedonenow.Therefore,staffrequeststhat
Council set the Ordinance for second reading in order to complete the process.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCouncilMembersandhasfoundthatMayorCasillas
Salashaspropertyholdingswithin500feetoftheboundariesofthepropertywhichisthesubjectof
thisaction.Staffisnotindependentlyaware,norhasstaffbeeninformedbyanyotherCouncil
Member,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterestinthis
matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.Theamendmentto
theLocalCoastalProgramanditsimplementationattheprojectlevelsupportalloftheCity’smajor
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goalsbyprovidingalanduseandregulatorydocumentthatwillservetopromoteandfacilitatethe
implementationofdevelopmentprojectssuchasthePacificaproject,aswellasothercommercial,
industrialandopenspaceprojects.DevelopmentoftheprojectscontemplatedintheLCPwillcreate
jobs(EconomicVitality/OperationalExcellence),provideawellplannedcommunityontheBayfront
(Healthy,StrongandSecureNeighborhoods)thatwillimprovethewesternpartoftheCityand
connect the Bayfront to the rest of the City (Connected Community).
CURRENT YEAR FISCAL IMPACT
There is no current fiscal impact to the General Fund as a result of this action.
ONGOING FISCAL IMPACT
CostsrelatedtothePacificaprojectandanyassociatedapprovalprocessingand/ormitigation
monitoring efforts would be funded directly by a developer deposit account.
ATTACHMENTS
1.Local Coastal Area Map
2.City Council Report - July 22 2014
3.Coastal Commission Certification Letter
4.Modified Exhibit 8a of LCP LUP
Staff Contact: Miguel Z. Tapia, AICP, Senior Planner
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¯
¯
Chula Vista Bayfront Local Coastal Plan
Feet
09501,9003,8005,7007,600
Chula Vista, California
LCP Planning Area
LCP Planning Area
City of Chula Vista
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Land Use Plan
This map is for illustrative purposes only and does not provide precise design details.
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ATTACHMENT 4
Coastal Commission
suggested modification -
additional
view corridor
EXHIBIT 8a
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RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION NO. 2014-150OF
THE CITY OF CHULA VISTA BY ADOPTING THE
CALIFORNIA COASTAL COMMISSION’S MARCH 11, 2015
ACTIONS ON THE CITY OF CHULA VISTA LOCAL
COASTAL PROGRAMAND ACCEPTING AND
INCORPORATINGONEMODIFICATION TOEXHIBIT 8a OF
THE LAND USE PLAN
WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port
District), in a collaborative effort with the community began working on a comprehensive Chula
Vista Bayfront Master Plan in 2002; and
WHEREAS, the area of land, which is the subject of this Resolutionis diagrammatically
represented in Exhibit A attached hereto and incorporated herein by this reference, and for the
purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5,
south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street,
including two territory islands one generally located south of State Route 54 between Broadway
and Fifth Avenue, and the other generally located on the west end of Faivre Street; and
WHEREAS, the City of Chula Vistaprepared minor modifications to the Local Coastal
Program, comprising the Land Use Plan and Specific Plan, for submittal to the California Coastal
Commission for consideration; and
WHEREAS, the City Council adopted ResolutionNumber 2014-150on July 22, 2014
approving, on conditions, the Land UsePlanmodifications, and making certain findings with
regard thereto, and directing the City Managerto submit said Local Coastal Program
modifications, including the Land Use Planto the California Coastal Commission for
consideration; and
WHEREAS, the City Manager subsequently submitted the Chula Vista Local Coastal
Program modifications to the California Coastal Commissionfor review, public hearing and
action; and
WHEREAS, on March 11, 2015, the California Coastal Commission reviewed the Local
Coastal Program modifications(LCP-6-CHV-14-0824-1), held a public hearing, and approved
the Local Coastal Program modificationswith one suggested modificationto the Land Use Plan,
attached hereto as Exhibit B; and
WHEREAS, the suggested modification revises LUP Exhibit 8a to extend the view
corridor to the area next to the newly designated building footprint on Parcel 2-h as shown in
Exhibit B of this Resolution; and
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WHEREAS, the California Coastal Commission subsequently forwarded a copy of its
resolution of certification, including the suggested modification to the to the Land UsePlan, to
the City Council; and
WHEREAS, the City Council acknowledges receipt of the California Coastal
Commission resolution ofcertification, including the suggested modificationto the Land Use
Plan; and
WHEREAS, the City Council of the City of Chula Vista reviewed the California Coastal
Commission’s suggested modificationto the Land Use Planand determined that it isacceptable.
I.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby findand determine as follows:
A.ENVIRONMENTAL DETERMINATION
The proposed modifications to the LCP have been reviewed for compliance with the
California Environmental Quality Act (CEQA) and the City Council has determined that
the project has been covered in previously adopted Environmental Impact Report
UPD#83356-EIR-65B/SCH#2005081077. The City Council has further determined that
only minor technical changes or additions to this document are necessary and that none of
the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the City Council has
adopted an Addendum to Environmental Impact Report UPD# 83356-EIR-
65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA Guidelines.
B.CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL
ACT
The City Council finds that the modificationto the Local Coastal Program Land Use
Plan, including the California Coastal Commission suggested modificationthereto, are
consistent with the City of Chula Vista General Plan and the California Coastal Act
Policies. The proposed suggested modificationisbased on sound planning principles and
practices that will provide for the protection and conservation of sensitive natural
resources. The revision to Exhibit 8a is intended to extend the view corridor in the area
between the two future buildings on Parcel 2-h. This is necessary because the addition of
a building footprint and structure at the north-end of Parcel 2-h could potentially affect
views of the bay from the east side of the parcels. The suggested view corridor would
create a 70’ to 95’ setback between buildings, preserving bay views from Bay Boulevard
and Interstate 5 freeway. The inclusion of the suggested view corridor will contribute to
provide and conserve bay views and provide more direct access to the Bayfront creating
better connection to the rest of the city and the region. This will open up the Bayfront for
the enjoyment of residents and visitors. The suggested modification will be conducive to
the development of the Bayfront and the creation of a world-class destination for
residents and visitors.
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C.ACKNOWLEDGEMENT AND ACCEPTANCE OF RESOLUTION
The City Council does hereby acknowledge receipt of the California Coastal Commission
resolution of certification, including the suggested modification to the Local Coastal
Program Land Use Plan, and accept the same.
II.BE IT FURTHER RESOLVED, that the City Council does hereby adopt this Resolution
approving modification to the Local Coastal Program and the California Coastal Commission’s
suggested modificationto the Land Use Plan, attached hereto as Exhibit B and incorporated
herein by this reference.
Presented byApproved as to form by
_____________________________________________________________
Kelly Broughton, FASLAGlen R. Googins
Development Services DirectorCity Attorney
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¯
¯
Chula Vista Bayfront Local Coastal Plan
Feet
09501,9003,8005,7007,600
Chula Vista, California
Exhibit
LCP Planning Area
LCP Planning Area
City of Chula Vista
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Land Use Plan
This map is for illustrative purposes only and does not provide precise design details.
ATTACHMENT 4
Coastal Commission
suggested modification -
addditional
view corridor
EXHIBIT 8a
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EXHIBIT B
Coastal Commission
suggested modification -
addditional
view corridor
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SECOND READING AND ADOPTION
ORDINANCE NO.______________
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA
LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA
MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87, AND
MAKING CERTAIN FINDINGS WITH REGARD THERTO
WHEREAS, during the past twelve years the City of Chula Vista (City) and the San
Diego Unified Port District (Port District), in a collaborative effort with the community
worked on the preparation of a comprehensive Chula Vista Bayfront Master Plan and Local
Coastal Program; and
WHEREAS, on September 25, 2012, the City Council approved and adopted the
California Coastal Commission-certified Local Coastal Program (LCP);and
WHEREAS, the area of land covered by the LCP and which is the subject of this
Ordinance, is diagrammatically represented in Exhibit A attached hereto and incorporated
herein by this reference, and for the purpose of general description is the Chula Vista
Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the
San Diego Bay, and north of Palomar Street, including two territory islands one generally
located south of State Route 54 between Broadway and Fifth Avenue, and the other generally
located on the west end of Faivre Street; and
WHEREAS, California State law requires that coastal cities adopt a LCP and said
LCP must be certified by the California Coastal Commission before the LCP can become
effective and implemented by the local jurisdiction; and
WHEREAS, the LCP is composed of a Land Use Plan (LUP) and a Specific Plan
(SP); and
WHEREAS, the LCP was certified by the California Coastal Commission on August
9,2012; and
WHEREAS, subsequent to the adoption and certification of the LCP it was
determined that the documents needed clean-up changes related to certain corrections,
clarification of language and processes
to render them consistent with current conditions and
; and
practices
WHEREAS, the proposed changes do not cause substantial changes to the objectives,
policies, and regulations contained in the documents nor the Coastal Act policies; and
WHEREAS, the proposed changes to the SP component of the LCP documents are
shown in strikeout and underline format and said documents are attached to this City
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SECOND READING AND ADOPTION
Ordinance No. __________
Page2
Ordinance as Exhibit B; and
WHEREAS, the Proposed LCP Amendment is contained in a document known as
Local Coastal Program Amendment on file inthe Office of the City Clerk; and
WHEREAS, the Planning Commission set the time and place for a hearing on the
LCP Amendment and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within the boundary of the LCP, at least ten (10) days prior to the hearing; and
WHEREAS, a hearing at the time and place as advertised, namely June 11, 2014, at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission reviewed and considered the Proposed LCP
Amendment; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended with a vote of 5-0-2-0 that the City Council approve the LCP
Amendment, including the Specific Plan; and
WHEREAS, the City Clerk set the time and place for the hearing on the LCP
Amendment, including the Specific Plan, and notices of the hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the city, and its
mailing to property owners within exterior boundary of the LCP at least ten (10) days prior to
the hearing; and
WHEREAS, the duly called and noticed public hearing on the LCP Amendment,
including the SP, was held before the City Council on July 22, 2014, in the Council
Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 2:00
p.m. to receive the recommendations of the Planning Commission and to hear public
testimony with regard to the same.
SECTION I.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A.ENVIRONMENTAL DETERMINATION
That the proposed project has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and City Council has determined that the project
was covered in previously adopted Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077. The City Council has further determined that only minor
technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the
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SECOND READING AND ADOPTION
Ordinance No. __________
Page3
preparation of a subsequent document have occurred; therefore, the City Council has
considered an Addendum to Environmental Impact Report UPD#83356-EIR-
65B/SCH#2005081077 in accordance with Section 15164 of the State CEQA
Guidelines.
B.CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT
That the proposed amendment to the Local Coastal Program, consisting of the Land
Use Plan (LUP) and Specific Plan (SP), is consistent with the City of Chula Vista
General Plan and the policies of the Coastal Act. The proposed changes to the LUP
and SP are minor and unsubstantial and leave all of the provisions of the LUP and SP
intact. With the changes in place the provisions of the documents are still based on
sound planning principles and practices that will provide for the protection and
conservation of sensitive natural resources. The provisions of the documents
continue to allow the transfer of development from the Sweetwater District to the
Harbor District, which is a previously developed and less sensitive area of the
Bayfront, leading to the development of a project that will minimize potential
negative impacts. The provisions of the documents will also contribute to provide
more direct access to the Bayfront and create better connection to the rest of the city
and the region. This will open up the Bayfront for the enjoyment of residents and
visitors. The provision of the LUP and SP will be conducive to the development of
the Bayfront and the creation of a world-class destination for residents and visitors.
SECTION II.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby
approve the amendment to the LCP Specific Plan contained in a document known as Local Coastal
Plan Amendment attached to this Ordinance and Council Resolution and on file at the Office of the
City Clerk, and incorporated herein by this reference and thereby amending Chula Vista Municipal
Code Chapters 19.81 thru 19.87.
SECTION III. SUBMISSION TO COASTAL COMMISSION
BE IT FURTHER ORDAINED, that the City Council does hereby certify after a duly called
and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in
conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)).
BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the
guidelines established by the Coastal Commission and contains materials sufficient for a thorough
and complete review (Public Resources Code Section 30510(b)).
BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City
Council does hereby direct the City Manager or his designee to submit this subject Ordionance and
the LCP, consisting of both the LUP and the SP, to the Coastal Commission and that the Coastal
Commission certify the same (Public Resources Code Section 30514).
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SECOND READING AND ADOPTION
Ordinance No. __________
Page4
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 after the City Council acknowledges receipt of the Coastal
Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the
California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from
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 byApproved as to form by
__________________________________________________________________
Kelly Broughton, FLSAGlen R. Googins
Director ofDevelopment ServicesCity Attorney
Exhibit A LCP Area Map
Exhibit B LCP Specific Plan Amendment
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¯
¯
Chula Vista Bayfront Local Coastal Plan
Feet
09501,9003,8005,7007,600
Chula Vista, California
Exhibit
LCP Planning Area
LCP Planning Area
City of Chula Vista
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Land Use Plan
This map is for illustrative purposes only and does not provide precise design details.
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City of Chula Vista
Staff Report
File#:15-0462, Item#: 9.
CONFERENCEWITHLEGALCOUNSELREGARDINGEXISTINGLITIGATIONPURSUANTTO
GOVERNMENT CODE SECTION 54956.9 (a)
A.JohnHessv.DaveHanneman,etal.,UnitedStatesDistrictCourt,CaseNo.14cv2271CAB
JMA
B.TommyLaNierv.CityofChulaVista,etal.,SanDiegoSuperiorCourt,CaseNo.37-2014-
00019774-CU-DF-CTL
C.ValerieTaylorv.CityofChulaVista,etal.,SanDiegoSuperiorCourt,CaseNo.37-2014-
00028754-CU-OE-CTL
D.RudolphDiazv.CityofChulaVista,etal.,SanDiegoSuperiorCourt,CaseNo.37-2014-
00016795-CU-OE-CTL
City of Chula VistaPage 1 of 1Printed on 8/6/2015
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City of Chula Vista
Staff Report
File#:15-0470, Item#: 10.
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6
Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Maria
Kachadoorian, Courtney Barrett and Simon Silva.
Employee organization(s):
--Chula Vista Employees Association/Service Employees International Union, Local 221
(CVEA/SEIU);
--Mid-Managers/Professional Association/Service Employees International Union, Local 221
(MM/PROF/SEIU); and
--Western Council of Engineers (WCE).
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