HomeMy WebLinkAbout2016-10-11 Agenda Packet I dcciue under pewiry of perjury thu 1 un employed
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Mary Casillas Salas. Mayor
Patncia Aguilar, Councalmember Gary Halbert, City Manager
Pamela Bensoussan, Councilmember Glen R. Googins, City Attomey
John McCann, Councilmember ponna R. Nortis, City Clerk
Steve Miesen, Councilmember
Tuesday, October 11, 2016 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 Casillas Salas
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE �AY
A. 16_0462 PRESENTATION OF A PROCLAMATION TO SHIRLEY
FERRILL, 2016 CHULA VISTA VETERAN OF THE YEAR
B. 1�0453 INTRODUCTION OF CHULA VISTA'S INAUGURAL YOUTH
AMBASSADOR TO OUR SISTER CITY, CEBU,
PHILIPPINES, LEIRA MAE DIGMA, BY INTERNATIONAL
FRIENDSHIP COMMISSION VICE CHAIR FRANCINE
MAIGUE AND PRESENTATION OF THEIR ATTENDANCE
AT THE FILIPINA LEADERSHIP GLOBAL SUMMIT HELD IN
CEBU, PHILIPPINES
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City Council Agenda October 17,2016
ADJOURNMENT
to the Regular City Council Meeting on October 25, 2016, at 5:00 p.m., in the Council
Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for pu6lic review at the City Clerk's O�ce, located in City Hall at 276 Fourth Avenue, Building A,
during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activdy, o�service, contact the City Clerk's O�ce at(619)
691-5041(Califomia Relay Service is available(or the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Most Chula Vista City Council meetings, including public comments, are video recorded and aired live
on AT&T U-verse channel 99(throughout the County), on Cox Cable channel 24 (only in Chula Vista),
and online at www.chulavistaca.gov. Recoided meetings aie also aired on Wednesdays at 7 p.m.
(both channels) and aie archived on the City's website.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
� published online_
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP
In accordance with Califomia Govemment Code Section 66458(d), notice is hereby given that the City Engineer
has reviewed and, immediately fol/owing this City Council meeting of October 11, 2016, will app�ove the lollowing
final map:
Chula Vista 7ract No. 12-05, Otay Ranch Village 2 South Neighborhood R-23, 93 single-family dwelling units
located on 15.651 acres south of Santa Victona Road, east of He�tage Road and west of La Media Road.
Specifically, the City Engineer has caused the map to be examined and has made the following findings: �
(1) The map substantially confoims to the approved tentative map, and any approved alterations thereof and any
conditions of approval imposed with said tentative map.
(2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the
time of appioval o/the tentative map. �
(3) The map is technica/ly correct.
Said map wi/l be finalized and iecorded, unless an interested party files a valid appeal of the Ciry Engineer's
action to City Council no later than 2:00 p.m_, 70 calendar days from the date of this City Council meeting. A valid
appeal must identify the imprope�/nco�rect finding and the basis for such conclusion.
If you have any questions about the map approval findings or need additional information about the map or your
appeai nghts,please feel(ree to contact Tom Adler at(619)409-5483.
Ciry of Chula Y�zb Page 5 PrinteC on 7N7l1078
City of Chula Vista
Staff Report
File#:16-0462, Item#: A.
PRESENTATIONOFAPROCLAMATIONTOSHIRLEYFERRILL,2016CHULAVISTAVETERAN
OF THE YEAR
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City of Chula Vista
Staff Report
File#:16-0453, Item#: B.
INTRODUCTIONOFCHULAVISTA'SINAUGURALYOUTHAMBASSADORTOOURSISTERCITY,
CEBU,PHILIPPINES,LEIRAMAEDIGMA,BYINTERNATIONALFRIENDSHIPCOMMISSIONVICE
CHAIRFRANCINEMAIGUEANDPRESENTATIONOFTHEIRATTENDANCEATTHEFILIPINA
LEADERSHIP GLOBAL SUMMIT HELD IN CEBU, PHILIPPINES
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City of Chula Vista
Staff Report
File#:16-0459, Item#: C.
PRESENTATIONBYCONSERVATIONSPECIALISTCORYDOWNSOFTHEBEACONAWARDFROMTHE
INSTITUTE FOR LOCAL GOVERNMENT PRESENTED TO THE CITY OF CHULA VISTA
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City of Chula Vista
Staff Report
File#:16-0479, Item#: 1.
ORDINANCEOFTHECITYOFCHULAVISTAAPPROVINGAPRECISEPLAN(MPA15-0021)TO
ALLOWAHEIGHTOF120FEETTOACCOMMODATEAPROPOSEDHOSPITALTOWERTOBE
LOCATEDATTHENORTHERNEDGEOFTHEHOSPITALCAMPUSLOCATEDAT751MEDICAL
CENTER COURT (SECOND READING AND ADOPTION)
RECOMMENDED ACTION
Council adopt the ordinance.
SUMMARY
SharpChulaVistaMedicalCenter(the“Applicant”)isrequestingaPrecisePlan(MPA)inorderto
increasetheallowablebuildingheightfrom45feetto120feetwithintheexistinghospitalcampus.
Thisincreaseinheightwouldallowfortheconstructionofanewseven-storyhospitaltoweronthe
existinghospitalcampus(the“Project”).Theprojectsiteislocatedat751MedicalCenterCourt(see
Attachment 7- Locator Map).
InadditiontoaPrecisePlan,aDesignReviewPermit(DR)isrequiredforthenewhospitaltower,
andaConditionalUsePermit(CUP)isrequiredtoallowfortheexpansionoftheexistinghospitaluse
(seeAttachment9-ProposedSitePlan).TheProjectissubjecttotheconsolidatedpermitprocessing
provisionspursuanttoChulaVistaMunicipalCode(CVMC)Section19.14.050(C).Underthe
consolidatedreviewprocess,theCityCouncilwillbereviewingandactingontheEIR,MPA,DRand
CUP.
ENVIRONMENTAL REVIEW
Environmental Notice
TheproposedProjectmayhaveasignificanteffectontheenvironment.Therefore,anEnvironmental
Impact Report has been prepared.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedProjectforcompliancewiththe
CaliforniaEnvironmentalQualityActandhasdeterminedthatthereissubstantialevidence,inlightof
thewholerecordbeforetheCityCouncil,thattheProjectmayhaveasignificanteffectonthe
environment;therefore,theDevelopmentServicesDirectorhasinitiatedthepreparationofan
Environmental Impact Report (EIR 15-0002).
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BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Existing Site Characteristics
TheprojectsiteislocatedsouthofTelegraphCanyonRoad,eastofMedicalCenterDriveandnorth
ofMedicalCenterCourt.Thesiteisatopaknollabovesurroundingresidentialdevelopmenttothe
southandeast.TothenorthistheVeteransHome,andtotheeastareadditionalmedicaloffices.
Theexistingcampusisdevelopedwithhospitaltowers,convalescentcare,medicalofficesand
parking.
Background
Theoriginalacutecarecampuswasdevelopedin1973withthedonationofthelandtostartthe
communityhospitalofChulaVista.Overtheyears,additionalcampusfacilitieshavebeenaddedto
keeppacewiththehealthserviceandemergencycareneedsofChulaVistaandSouthBay
residents.TheEastTowerwasthefirstmajormedicalfacilitybuiltonthecampusin1979.In1989
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theBirchPatrickSkilledNursingFacilitywasbuilt,followedbytheexpansionofthemainhospital
(WestTower)in1991.Eachofthetwoexisting5-storytowershaveaheightofapproximately68feet.
In2015anewsixstory/sevenlevelparkingstructure,approximately96feetinheight,was
constructed to provide an additional 718 parking spaces.
ThesiteiszonedC-O-P(AdministrativeandProfessionalOffice)withaPrecisePlan(P)modifying
district.This(P)modifyingdistrictwasestablishedin1990(PCZ90-E)inordertoallowflexibilityin
theapplicationofdevelopmentstandardsthroughtheestablishmentofaPrecisePlan,whichisnow
being requested.
Public Comment
AcommunitymeetingwasheldonMarch10,2016withanadditionalmeetingheldonMarch26,
2016(pleaseseeAttachment8-CommunityMeetingcomments).Concernwasexpressedbysome
oftheneighborswithregardtopotentialvisualimpactscreatedbytheheightandbulkofthe
proposedhospitaltower.Concernwasalsoexpressedaboutlighting/glareintotheadjacent
residentialareas.Theseconcernsweregeneratedbytheresident’sexperiencewithlightspillageinto
theirneighborhoodsfromtheelevatortowerlocatedabovetherecentlyconstructedparkingstructure.
(Staff responses to these concerns are discussed in the Analysis section below and in Attachment 8).
Project Description
TheProjectproposesaPrecisePlantoincreasetheallowablebuildingheightfrom45feetto120
feetforasevenstoryhospitaltower.Thenewtowerwouldbeconstructedinthenortherlyportionof
thecampus,withinanareaboundedbytherecentlycompletedLoopRoad,andimmediately
adjacenttotheexistingSharpChulaVistaHospital.Theproposedtowerwouldbeadjacenttothe
existinghospital,withthefirsttwofloorsinterfacingwiththeEastTower.ADesignReviewpermitand
Conditional Use Permit are also required for the hospital tower.
ENVIRONMENTAL IMPACT REPORT
Section21002oftheCaliforniaEnvironmentalQualityAct(CEQA)requiresthatanenvironmental
impactreportidentifythesignificanteffectsofaprojectontheenvironmentandprovidemeasuresor
alternativesthatcanmitigateoravoidthosesignificanteffects.ThisprojectEIRcontainsan
environmentalanalysisofthepotentialimpactsassociatedwithimplementingtheproposedOcean
View Tower Project.
ThesubjectEIRhasbeenpreparedasaProjectEIR,asdefinedinSection15161oftheCEQA
Guidelines.AsdefinedinCEQA,aprojectEIRexaminestheimpactsofaspecificdevelopment
project.ThistypeofEIRshouldfocusprimarilyonthechangesintheenvironmentthatwouldresult
fromthedevelopmentproject.ThemajorissuesthatareaddressedintheProjectEIRwere
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File#:16-0479, Item#: 1.
determinedbasedonreviewbytheCityofChulaVistaDevelopmentServicesDepartment,and
publiccommentreceivedontheNoticeofPreparation(distributedonJanuary27,2016).Theissues
analyzedintheEIRincludelanduse,aesthetics,geologyandsoils,paleontologicalresources,
hydrologyandwaterquality,transportationandcirculation,noise,airquality,publicservices,public
utilities, and greenhouse gas.
TheDraftEIRwasdistributedfora45-daypublicreviewperiodonJune20,2016.Onepublic
commentletterwasreceived.TheFinalEIRincludescommentsreceived,andresponsestothem.
TheDraftandFinalEIRsidentifythattheproposedProjectwouldnotresultinanysignificant
unmitigatedimpacts.Allimpactswouldbemitigatedtoaleveloflessthansignificant.Allfeasible
mitigationmeasureswithrespecttoProjectimpactshavebeenincludedintheFinalEIR.Findingsof
FacthavebeenpreparedfortheCityCouncil’sapprovalincertifyingtheEIR.Forthoseimpactswith
associatedmitigation,aMitigationMonitoringandReportingProgram(MMRP)hasbeenprovided
with the EIR.
TheCityhasexaminedareasonablerangeofalternativestotheproposedProject,otherthanthe
proposedProjectdescribedintheFinalEIR.Basedonthisexamination,theCityhasdeterminedthat
thealternativesdonotmeettheprojectobjectives,noraretheyenvironmentallysuperiortothe
Project.
ANALYSIS:
Precise Plan
Thecurrentzoning(C-O-P)fortheproperty(approvedinJanuary1990)establishesaPrecisePlan
(P)ModifyingDistrictforthesite.ThisPmodifierprovidesaprocesstoallow(throughtheapplication
ofaPrecisePlan)futuredeviationsfromtheprescribeddevelopmentstandardsoftheCOzone.Said
deviationsprovideflexibilityintheapplicationofdevelopmentstandards,whichbecomenecessary
duetothenatureofdevelopmentonthesite.Forexample,hospitalsusuallycontaintallstructures
suchastowers,whichoftenexceed45ft.Atthistime,buildingheightistheonlyrequesteddeviation
asshowninthePrecisePlan(pleaseseeAttachment10,FiguresandExhibits).Pursuanttothe
provisionsoftheexistingzone,aPrecisePlanisrequiredtoallowadeviationinbuildingheight.The
applicanthascompliedwiththerequirementsofCVMCSection19.56.042(Requiredmapsand
information)byprovidinganapplicationsubmittalpackage,whichincludessiteplansandelevations
fortheProject.Section19.14.576oftheCVMCoutlinestherequiredfindingsthatmustbe
establishedforgrantingapprovalofaPrecisePlan.Saidfindingsareprovidedintheattached
Ordinancepertainingtotherequestedincreaseinallowablebuildingheightfortheproposedhospital
tower.
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Conditional Use Permit
CVMCSection19.54.020(H)classifieshospitalsasanunclassifiedusethatwouldbeallowedinthe
COPzonesubjecttoaCUP.ThesitealreadyaccommodatestheSharpChulaVistahospitalcampus,
permittedbypreviousCUP’s.ThisnewCUPistoallowfortheexpansionofthehospitalusewiththe
constructionofanewsevenstoryhospitaltower.RequiredfindingsforthegrantingoftheCUPare
made in the CUP City Council Resolution.
Site Plan/Layout
Thelocationofthenewhospitaltowerwaschosenbecauseithadthebestproximitytothenew
parkingstructureandprovidesanopportunitytointerfacewithandexpandtheexistingsurgical
department located on the first two floors of the existing hospital into the new building.
Development Standards
Thehospitaltowerisconsideredanexpansionoftheexistinghospitaluse.Theheightandparking
standards for the C-O zone are as follows:
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Building
Height
Asdiscussedpreviously,theproposedPrecisePlanistoprovideforanincreaseintheallowable
buildingheightlimitof45feet.Therequestistoaccommodateaproposedsevenstoryhospital
towerincludingelevatorunit.Sixofthelevelswillbeabovegradeandonemostlysubsurface.The
totalheightwouldbe110feet9inchesfromtheseven-storytoweritself(tothetopoftheparapet),
reaching a maximum height of 120 feet to the top of the elevator enclosure.
Parking
Asshownintheprecedingtable,existingparkingforthecampusexceedstheamountrequiredbythe
CVMC.Theparkinggaragewasconstructedtorespondtowhattheapplicantperceivedasacurrent
shortage of staff, patient and public parking available to the hospital.
Thenewparkingstructurewasconstructedin2015andprovidedanadditional718parkingspaces
thatresultedinatotalof2,300spacesforthecampus.Baseduponthecurrentparkingrequirement
of1,398spaces,anexcessof902parkingspacesarecurrentlyavailable.Theproposedproject
wouldrequire207parkingspacesandwouldalsoinvolvethelossof31existingspaces.Thenet
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resultisthatatotalof2,268spaceswouldbeavailable,whichstillprovidesanexcessof663spaces
beyondwhatisrequired.Accordingtotheapplicant,constructionactivitieswillonlybeallowedto
consume300parkingspaces(temporaryduringtheweek).Atalltimesduringconstruction,therewill
beover300parkingspacesbeyondtheamountrequiredforpublicandstaffuse.Asaresult,itis
anticipatedthatparkingwillnotbeanissueforthepublicoraffecttheneighboringresidential
community.
Lighting/Noise
LightsourcesfortheOceanViewTowerincludeindoorlighting,outdoorlighting,andvehicle
headlights.Thelightingwouldbereducedintheeveningassociatedwithnormalnighttimeactivities.
Thewesternendoftheproposedbuildingprimarilyfacesthedirectionoftheexistinghospitalandon-
sitemedicalbuilding,aswellastheCaliforniaVeteransHomeataslightlylowerelevation.Nolight
spillageisanticipatedbeyondtheboundariesofthesite.CVMCSection17.28.020indicatesnolight
sourceshallbedirectedtoandunshieldedfromadjacentresidentialproperties.Aphotometricstudy
willberequiredforreviewandapprovalbytheCitypriortoissuanceofbuildingpermitstoensure
compliancewiththeCVMC(ConditionNo7ofDRResolution).Inaddition,inresponsetoconcerns
expressedbyresidentsatthecommunitymeetings,theApplicanthasalreadyaddedlightshieldsto
theexistingLoopRoadstreetlights,aswellastothetopflooroftheelevatortowertodramatically
reducetheamountofspilledlighttothecommunity.Theapplicanthasalsoplantedapproximately50
trees on the northern hillside of the hospital campus that will provide additional shielding of lights.
Inregardtoconstructionnoise,CVMCSection19.68.030specifiesthatnoiselevelsforreceivingland
usecategoriesarelimitedto7a.m.to10p.m.onweekdays,andfrom8a.m.to10p.m.on
weekends.
Traffic/Circulation
BaseduponSANDAGtripgenerationrates,theproposed138bedhospitaltowerwouldgenerate
2,760averagedailytrips(ADT).However,whileanincreaseintripgenerationwouldresultfroman
increaseinpatientcapacityprovidedbythenewhospitaltower,itwouldbeasmallerincreaseintrip
generationthanprojectedbaseduponSANDAGtripgenerationcalculations.Thisisduetothefact
that,thenumberofvehicletripstothemedicalcenterhasbeenincreasingevenwithoutthehospital
expansionduetogrowthinthesurroundingcommunity.Asaresult,theProjectwouldaccommodate
existingandfuturedemandforhospitalservicesbyprovidingimprovedfacilitiesthatcanbetter
handle patient volumes.
Asmentioned,twocommunityforumeventswereconductedtogatherinputfromsurrounding
residents.Oneoftheareasofconcernexpressedbysurroundingresidentsregardedthetrafficon
Medical Center Court.
TrafficMitigationMeasuresincludemeasuresto1)mitigatetheconstructionrelatedimpactsto
MedicalCenterCourt/MainHospitalDriveway;2)mitigatedirectoperationalimpactstoMedical
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Center Court East of Medical Center Drive; and 3) mitigate the Projects cumulative traffic impacts.
TheApplicantiscurrentlyfinishingtheirplanstore-stripeMedicalCenterCourttoaddleftturnlanes
asaresponsetorequiredmitigationmeasures.TheApplicantalsoplanstoimprovetheexistingbus
stop and cross walk as part of the improvement plans.
Design Review
Chula Vista Design Manual
Chapter3oftheChulaVistaDesignManualstipulatesdesignparametersthatpertaintosite
planning,landscapearchitecture,architectureandsignagefortheprojectsite.TheDesign
Guidelinescontainillustrationsandwrittenrequirementstoimplementthedesignguidancepresented
therein.Someofthedesignguidelinesalsoemphasizequalitydesign,sitedevelopmentcharacter
and conceptual building/parking/open space relationships within the site.
Site Layout/Parking
Compatibility: (Page III-31)
Thearrangementofstructures,parkingandcirculationareas,andopenspacesshouldrecognizethe
particularcharacteristicsofthesiteandshouldrelatetothesurroundingbuiltenvironmentinpattern,
function,scale,characterandmaterials.Indevelopedareas,newprojectsshouldmeetorexceed
the standards of quality which have been set by surrounding development.
Thenewtowerwouldbestrategicallylocatedinthenortherlyportionofthehospitalcampus,within
anareaboundedbytherecentlycompletedLoopRoadthatprovidesenhancedcirculationthrough
thecampus.Thenewtowerwouldalsobeadjacenttotheexistinghospitalandrecentlyconstructed
parking structure. The new Loop Road is now the primary entrance into the hospital campus.
Building Placement: (Page III-31)
Structuresshouldbesitedinamannerthatwillcomplementadjacentstructures.Sitesshouldbe
developed in a coordinated manner to provide ordered diversity and to avoid jumbled confusion.
Asmentionedabove,thenewhospitaltowerisstrategicallylocatedinthenorthernportionofthesite
toprovideadditionalhospitalbedsandsurgicalfacilitiestotheoverallcampustosupporttheacute
carefunctions.Theorientationofthenewhospitaltoweritselfisplacedtoalignwiththeexisting
hospital building with the first two floors interfacing directly with the East Tower.
Architecture/Design
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Compatibility (Page II-37):
Highquality,innovativeandimaginativearchitectureisencouraged….Thedesignerisexpectedto
employvariationsinform,buildingdetailsandsitinginordertocreatevisualinterest.Inallcases,
the chosen architectural style should be employed on all building elevations.
Thetexturedpanelsproposedforthehospitaltowercontainanewhigh-techmaterialthatprovides
richnessandcharactertothebuildingcladding.Thelargeamountofglazingthatwillbeutlizedwill
consistof“LowE”glass.Thiswillbebothpleasingtoview,aswellasprovidegoodinsulation
qualities. (see Attachment 10, Figures and Exhibits)
Scale/Building façade and roof articulation (Page III-38):
Ataminimum,theheightofnewdevelopmentshould“transition”fromtheheightofadjacent
development.Also,varyingtheheightofabuildingsothatitappearstobedividedintodistinct
massingelements,and/orarticulatingthebuildingfaçadebyhorizontalandverticaloffsetsinwall
planes can reduce building bulk and is strongly encouraged.
Thebuildingmassingiscomposedofvaryingvolumesofheightandscale.Thevariedheightand
mass,transitionsfromtheloweradjacentparkingstructureandexistinghospitaltower.Themassing
atthenewhospitaltowerisfurtherbrokendownbyutilizingcontinuous,horizontalwindows,window
shadetrellisesandpanelizedfaçadeonthetwolongestelevations.Atthesidewalkandstreetlevels,
trellisesalongthemainwalkways,eastfaçadeandentryhelptoreducethebulkandscalefor
pedestrians.Finally,byutilizingsubtlecolorandmaterialvariationssimilartoadjacentstructures,the
new hospital tower integrates itself into the overall hospital campus.
.
Materials and Colors (Page III-39):
Colorsandmaterialsshouldbeconsistentwiththechosenarchitecturalstyleandcompatiblewiththe
character of surrounding development.
Thecolorpaletteshouldbeselectedcarefully.Subduedcolorcombinationsconstitutingofalimited
numberofcolorsareencouraged.Largeareasofintensewhitecolorandvibrantcompositions
shouldbeavoided.Variationsinshadeortonecanbeusedtoenhanceformandheighteninterest.
Colors should be used to articulate entries or other architectural features.
Thelightercolorofthebuildingismeanttocomplimentthelightercoloroftheparkingstructure,as
wellastheexitinghospitalbuilding.Thecolortonesareintendedtojointogetherthenewtowerwith
the existing hospital building and parking structure.
DECISION-MAKER CONFLICT
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StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.
Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof
interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),forpurposesofthe
Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Inaddition,staffhasconductedadecisionmakerconflictofinterestreviewconcerning
CouncilmemberMiesenandhasdeterminedthatapotentialconflictofinterestmayexistbecauseit
maybereasonablyforeseeablethatafinancialeffectonabusinessentityinwhichCouncilmember
Miesen has a financial interest may be material.
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.TheProject
implementstheCity’sStrategy2.2,whichistopromoteanenvironmentforresidentsandbusinesses
toprosper.Furthermore,itimplementstheCityInitiative2.2.2toexpandthegoodsandservices
availabletoresidents.Thenewhospitaltowerwillhelpmeetthemedicalneedsofagrowing
community.
CURRENT YEAR FISCAL IMPACT
TheapplicationfeesandprocessingcostsarepaidforbytheApplicant.TheProjectwillnotbefully
constructed until beyond the current fiscal year.
ONGOING FISCAL IMPACT
Therewillbenoon-goingfiscalimpactassociatedwiththisactionsincetheactiondoesnotcommit
the City of Chula Vista to the expenditure of any City funds.
ATTACHMENTS
1.Ordinance
Staff Contact: Jeff Steichen, Associate Planner
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ORDINANCE NO.______________
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A PRECISE PLAN (MPA 15-0021) TO ALLOW A HEIGHT OF
120 FEET TO ACCOMMODATE A PROPOSED HOSPITAL
TOWER TO BE LOCATED AT THE NORTHERN EDGE OF
THE HOSPITAL CAMPUS LOCATED AT 751 MEDICAL
CENTER COURT
WHEREAS, thearea of land that is subject to this Ordinanceis diagrammatically
represented in Exhibit A attached to this Ordinance and incorporated herein, and
commonly known as Sharp Chula Vista Hospital campus, and consists of a site located at
751 Medical Center Court (Project Site); and
WHEREAS, a duly verified application was filed with the City of Chula Vista
Development Services Department on November 30, 2015 by Sharp Chula Vista Medical
Center (SCMC) (Applicant) requesting approval of a Precise Plan inorder to allow for the
maximum building height to be increased from 45 feet to 120 feet; and
WHEREAS, the Applicant has complied with the requirements of Chula Vista
municipal Code (CVMC) Section 19.56.042 (Required Maps and Information) by providing
an application submittal package that includes detailed site plans and elevations; and
WHEREAS, the project consists of developing a seven story hospital tower that will
accommodate 138 beds, 6 operating rooms, and other ancillary uses including a rooftop café
(Project); and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application 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 500 feet of the exterior boundaries of the Project at leastten (10) days
prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held
before the City Council on October 4, 2016 in the Council Chambers in the City Hall,
City of Chula Vista Civic Center, 276 Fourth Avenue, at 5:00 p.m. to hear public
testimony with regard to the same; and
WHEREAS, the Development Services Director has reviewed the proposed
Project for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is substantial evidence, in light of the whole record before the City
Council, that the Project many have a significant effect on the environment; therefore, the
Development Services Director initiated the preparation ofan Environmental Impact
Report (EIR15-0002), which City Council certified at this subject meeting.
NOW THEREFORE, the City Council of the City of Chula Vista does hereby
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find, determine and ordain as follows:
Section 1
A. PRECISE PLAN FINDINGS
The City Council hereby finds that:
SUCHPLAN WILL NOT, UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH, SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The Precise Plan being requested is limited to allowing a deviation from existing
development standards for building height within the existing hospital campus. The
hospital campus has been in development for approximately 35 years and contains
two existing towers of approximately 68 feet in height and a parking structure of
approximately 96 feet in height (as measured to the top of the elevator tower).
The new hospital tower will be located adjacent to or near existing hospital facilities,
well within the campus boundaries. The hospital tower is located approximately 225
feet from the nearest residential property located to the northeast of the Project Site.
Building design is consistent with City Design Guidelines. While additional traffic
will be generated as a result of the hospital tower, mitigation measureshave been
required which, when implemented, will result in a less than significant impact.
The proposed height increase is to allow development consistent with hospital uses.
As discussed above, the existing hospital tower on the site isapproximately 68 feet in
height and the existing parking structure is approximately 96 feet in height tothetop
of the elevator tower. The Project will contribute to the well-being and general
welfare of the Chula Vista residents by allowing the existing hospital facility to
expand to meet the needs of the growing Chula Vista and South Bay community, and
as such, will not be detrimental to the health, safety or general welfare of persons
residing or working in the vicinityof the Project, nor injurious to property or
improvements in the vicinityof the Project.
THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF
THE P MODIFYING DISTRICT AS SET FORTH IN CVMC19.56.041
The Precise Plan (P) Modifying District was attached to the C-O zoning at the time
the subject property was rezoned from R-1-H to C-O-P in January 1990. The site has
been developed as a hospital campus since approximately 1970. The hospital site had
received prior approval for two hospital towers, the latest one being in 1989,with a
height of approximately 68 feet, prior to the effective date of this rezone. Given the
existing hospital use, the P modifier was added to this new zoning designation in
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anticipation of the need to provide future flexibility in the implementation of the
underlying development standards of the C-O zone, especially the ability to provide
for structures that exceeded the underlying 45-foot height limit. The Precise Plan will
allow for flexibility in building height that will enable the site to be developed
consistent with the needs of a state of the art medical facilityin accordance with
CVMC 19.56.041(A).
THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT
Exceptions to the underlying zoning requirements are warranted due to the fact that
the site contains an existing hospital campus. Such use is unique within the C-O zone
in that hospitals usually contain buildings/towers that are over 45 feet in height. The
inability for future development to exceed the current height limit of 45-feet would
preclude the ability to provide necessary expansions that meet the needs of the
surrounding community.
THAT APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL
PLAN AND THE ADOPTED POLICES OF THE CITY
Approval of a Precise Plan is consistent with the Public/Quasi-Public designation of
the General Plan for the property and General Plan Objective PFS 19 to provide art
and culture programs, childcare facilities and health and human services that enhance
the quality of life in the City of Chula Vista. A height exceeding the current height
restriction of 45 feet under the C-O (Administrative and ProfessionalOffice) zone,
has been established by the two existing hospital towers and a parking structure on
the campus and will allow the site to be developed consistent with the needs of astate
of the art medical facility.
NOW THEREFORE, BE IT FURTHER ORDAINED, that the City Council of the
City of Chula Vista does hereby adopt the subject Precise Plan,as follows
B. ADOPTION OF PRECISE PLAN
In light of the findings above, the Precise Plan is adopted to increase the existing
building height limit of 45 feet to 120 feet for the hospital tower diagrammatically
represented in Exhibit “A” and described in Exhibit “B,” said Exhibits attached
hereto and incorporated herein by this reference,and on file in the office of the City
Clerk.
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
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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.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published orposted according to law.
Presented byApproved as to form by
_____________________________________________
Kelly BroughtonGlen R. Googins
Director of Development Services City Attorney
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EXHIBIT B
PRECISE PLAN
DEVELOPMENT STANDARDS
FOR NEW HOSPITAL TOWER
Building Height: 120 feet
All other development standards:Subject to the development standards contained in
the Chula Vista Municipal Code (CVMC)
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Staff Report
File#:16-0407, Item#: 2.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAMAKINGVARIOUS
AMENDMENTSTOTHEFISCALYEAR2015/16BUDGETTOADJUSTFORVARIANCES,AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Aspartofthefiscalyear2016year-endprocess,staffhasreviewedbudgettoactualreportsto
identifypotentialbudgetoveragesateitherthecategoryorfundlevel.Variousbudgetchangesare
needed to align the budget with year-end actuals.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivity,appropriatingfundsper
settlementterms,forcompliancewiththeCaliforniaEnvironmentalQualityAct(CEQA)andhas
determinedthatthisactivityisnota“Project”asdefinedunderSection15378oftheStateCEQA
Guidelinesbecauseitwillnotresultinaphysicalchangetotheenvironment;therefore,pursuantto
Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA.
ENVIRONMENTAL NOTICE
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
BOARD/COMMISSION RECOMMENDATION
None
DISCUSSION
Aspartofthefiscalyear2016year-endprocess,staffhasreviewedbudgettoactualreportsto
identifypotentialbudgetoveragesateitherthecategoryorfundlevel.Variousbudgetchangesare
needed to align the budget with year-end actuals.
Forgovernmententities,abudgetcreatesalegalframeworkforspendingduringthefiscalyear.After
thebudgetisapprovedtherearecircumstances,whicharisethatcouldrequireadjustmentstothe
approvedbudget.CouncilPolicy220-02“FinancialReportingandTransferAuthority”was
establishedinJanuaryof1996andallowsforbudgettransferstobecompleted.Transfersexceeding
$15,000requireCouncilapproval.Further,Councilmayamendthebudgetatanymeetingafterthe
adoptionofthebudgetwitha4/5thsvote.StaffisrecommendingchangesintheGeneralFundand
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various other funds to align budget with year-end actuals where the actuals have exceeded budget.
Fiscal Year 2015-16 Budget Amendments - All Funds
StaffisrecommendingvariousadjustmentsandtransferstoCityDepartmentalandFundbudgets.Thesetransfers
betweenrevenueandexpensecategoriesarerecommendedinordertoaddressunanticipatedbudgetoveragesand
ensure correct accurate year-end reporting. The recommended budget adjustments are summarized as follows:
General Fund Adjustments:
General FundDescriptionExpenseRevenueNet Cost
Department
City AttorneyTransfer $101,000 from Personnel$ -$ -$ -
Services savings to Supplies and
Services for outside attorney fees.
AdministrationTransfer $26,100 from Personnel$ -$ -$ -
Services savings to Supplies and
Services for contractual services.
Non-DepartmentalTransfer $134,287 from Capital and$40,530$40,530$ -
appropriate $40,530 to Supplies and
Services for unanticipated contractual
services, offset by unanticipated
revenue.
Transfer $20,031 from the Museum$ -$ -$ -
Demolition Non-CIP Project to the Civic
Center Library Remodel Non-CIP Project
for unanticipated expenditures.
Appropriate $285,803 to the Transfers$285,803$285,803$ -
Out category for costs related to project
STL387. This will be offset with
unanticipated revenue.
PoliceTransfer to the Personnel Services$ -$ -$ -
category ($233,400) from savings in the
Transfer Out ($158,212) and Utilities
($75,188) categories for higher than
anticipated overtime costs.
Appropriate $55,200 to the Supplies and$55,200$ -$55,200
Services category largely due to higher
than anticipated travel expenditures.
Appropriate $108,100 to the Other$108,100$ -$108,100
Expenses category as a result of
unanticipated expenditures.
FireAppropriate $7,250 and transfer $56,350$7,250$7,250$ -
from Personnel Services and $23,320
from Utilities categories to the Supplies
and Services category for higher than
anticipated expenditures. The
appropriation will be offset by
unanticipated revenues.
Public WorksReduction of Utilities budget to fund($163,300)$ -($163,300)
appropriations to the Police Department.
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Transfer $129,400 from Personnel$ -$ -$ -
Services to Supplies and Services to
fund higher than anticipated contractual
services expenditures.
Transfer $50,000 from Utilities to Capital$ -$ -$ -
for the purchase of a park maintenance
mower.
RecreationTransfer $30,500 from Supplies and$ -$ -$ -
Services to Other Expenses for credit
card transaction fees.
TOTAL GENERAL FUND$333,583$333,583$ -
Other Fund Adjustments:
FundDescriptionExpenseRevenueNet Cost
Supplemental LawAppropriate $6,941 to the Transfers Out$6,941$ -$6,941
Enforcementcategory for higher than anticipated
Services Fundexpenditures in the Promise
(SLESF)Neighborhoods program.
Police Grants FundAppropriate $6,941 to the Transfers In$ -$6,941($6,941)
category to reflect additional revenue for
the Promise Neighborhoods program.
Reduction in Transfers In revenue from$ -($158,212)$158,212
the General Fund due to lower than
anticipated grant expenditures requiring
a grant match.
Asset Seizure FundTransfer $25,000 from Supplies and$ -$ -$ -
Services to Capital for vehicle outfitting
costs.
Transit CapitalTransfer $50,000 from Capital to$ -$ -$ -
ProjectsSupplies and Services for building
repairs.
Trunk SewerTransfer $18,980 from Other Expense to$ -$ -$ -
Capital ReserveSupplies and Services for allocation of
banking and investment services costs.
AD97-2 FundAppropriate $285,803 in Transfers In$ -$285,803($285,803)
revenues for costs related to project
STL387.
RDA 2008 TARBSAppropriate $9,500 to Other Expenses$9,500$ -$9,500
rd
Proj Fund - SAfor the 3 Avenue Streetscape
Improvement.
TUT CommonTransfer $10,035 from Capital to$ -$ -$ -
FundTransfers Out to reimburse the
Equipment Replacement Fund for the
purchase of a Police Department
Vehicle.
EquipmentReimbursement from the TUT Common$ -$10,035($10,035)
Replacement FundFund for the purchase of a Police
Department vehicle.
Bicycle FacilitiesAppropriate $13,215 to Supplies and$13,215$ -$13,215
FundServices for contracted services.
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TOTAL OTHER FUNDS$29,656$144,567($114,911)
Investment Management Services and Bank Charges
Inanefforttomoreaccuratelyportraycity-wideadministrativefinancialcosts,staffallocatedthe
associatedinvestmentmanagementandbankservicescostsacrossallCityfundsaspartofthe
fiscalyear2015-16year-endclosingprocess.Inmostinstances,theallocationofthesecostswere
abletobeabsorbedwithintheexistingbudgetstructuresofmostoftheCity’sfundsanddidnotresult
increatingdeficitsamongtheexpenditurecategorieswithinthesefunds.However,insome
instancestheallocationoftheadministrativefinancialcostsdidresultindeficitstotheexpenditure
categoriesofthesefunds,astheexistingbudgetstructurewasnotabletoabsorbtheadditional
costs.Staffisthereforerecommendinganappropriationof$21,293totheSuppliesandServices
categoryandanappropriationof$11,716totheOtherExpensescategoryinordertobalanceoutthe
deficitsthatresultedinthevariousfundsduetotheallocationofthefinancialadministrativecosts.
Theseappropriationswillbemadefromtheavailablefundbalancesofthesefundsandare
summarized in the table below:
FundSupplies & ServicesOther ExpensesTotal
Gas Tax$2,067$1,161$3,228
Sewer Income$942$529$1,471
Sewer Facility Replacement$5,421$3,045$8,466
OV Road Fee Recovery District$434$ -$434
EL Greens II AD 94-1 Impvt$534$300$834
Telegraph Canyon Drainage DIF$2,100$1,180$3,280
PFDIF - Civic Center Expansion$2,234$1,254$3,488
Corporation Yard Relocation$641$360$1,001
Library for Eastern Territory$6,387$3,587$9,974
Otay Ranch Vlg 1, 5, & 6 Ped Bridge DIF$533$300$833
TOTAL$21,293$11,716$33,009
Inter-Fund Loan Adjustments
Inadditiontotheabove,staffisrequestingbudgetadjustmentsrelatedtointer-fundloans.Infiscal
year2015,theCityCouncilestablishedaformalinter-fundloanpolicy.Atthesametime,staff
presentednewrepaymentschedulesthatbroughtinter-fundloansintocompliancewiththenewly
adoptedpolicy.Anaccountingentrywaspostedinfiscalyear2015toaligntheaccountingofthe
inter-fundloanswiththenewlydevelopedrepaymentschedules.Duringfiscalyear2016,staff
identifiedanumberofadjustmentsrequiredtothe2015accountingentry.Therecommended
adjustmentsareneededinordertomoreaccuratelyaccountforinter-fundloansandpostloan
repaymentsforfiscalyear2015andfiscalyear2016basedontheupdatedloanrepayment
schedules.Thefollowingtabledetailsthebudgetamendmentsneededinordertobringthebudget
inlinewiththerecommendedtransfersinandtransfersoutneededfortheloanrepayments.Where
possible,budgetreductionsarealsoincorporatedintheproposedchangesinordertomitigatethe
budgetaryimpact.Inadditiontothebudgetamendmentslistedbelow,staffmadevariousbalance
sheet adjustments to align the accounting with the updated loan repayment schedules.
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Department /FuTransfersSupplies &Transfers InNet CostStaff Recommendation
ndOutServices
GENERAL FUND
Non-$ -$ -$ -$ -Transfer $383 in savings between
Departmentalbudgeted Transfers Out for no net
impact.
TOTAL$ -$ -$ -$ -
GENERAL FUND
OTHER FUNDS
Storm Drain Fund$487,600($100,000)$ -$387,600Appropriate $487,600 to Transfers Out
and reduce Supplies and Services by
$100,000 for a net impact of $387,600
to the available fund balance of the
fund.
Trunk Sewer$ -$ -$4,605,105($4,605,105)Appropriate $4,605,105 in Transfers In
Capital Reserverevenues for a positive impact to the
fund.
Sewer Facility$140$ -$116,596($116,456)Appropriate $140 to Transfers Out and
Replacement$116,596 I Transfers In revenues for a
positive impact to the fund.
Salt Creek Sewer$3,485,000$ -$2,525$3,482,475Appropriate $3,485,000 to Transfers
Basin DIFOut and $2,525 in Transfers In
revenues for a net impact of $3,482,475
to the available fund balance of the
fund.
Long -Term$1,970,436$ -$788,424$1,182,012Appropriate $1,970,436 to Transfers
Advances DSF -Out and $788,424 in Transfers In
Cityrevenues for a net impact of $1,182,012
to the available fund balance of the
fund.
PFDIF - Fire$1,130,824$ -$ -$1,130,824Appropriate $1,130,824 to Transfers
SuppressionOut from the available fund balance of
Systemthe fund.
Expansion
2004 COP Civic$ -$ -($383)$383Reduction in Transfers In revenue from
Center Projectionthe General Fund.
Phase 1 Fund
Transportation$256$ -$1,562,030($1,561,774)Appropriate $256 to Transfers Out and
Development$1,562,030 in Transfers In revenues for
Impact Feea positive impact to the fund.
(TDIF)
Park Acquisition$41$ -$290,000($289,959)Appropriate $41 to Transfers Out and
& Development$290,000 in Transfers In revenues for a
Fund (PAD)positive impact to the fund.
Wester Park$290,000$ -$ -$290,000Appropriate $290,000 to Transfers Out
Acquisition &from the available fund balance of the
Developmentfund.
Fund
TOTAL OTHER$7,364,297($100,000)$7,364,297($100,000)
FUNDS
TOTAL ALL$7,364,297($100,000)$7,364,297($100,000)
FUNDS
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DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsitespecificand
consequently,the500-footrulefoundinCaliforniaCodeofRegulationsTitle2,section18702.2(a)(11),isnotapplicableto
thisdecisionforpurposesofdeterminingadisqualifyingrealproperty-relatedfinancialconflictofinterestunderthe
PoliticalReformAct(Cal.Gov'tCode§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedby
anyCityofChulaVistaCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof
interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,HealthyCommunity,Strongand
SecureNeighborhoodsandaConnectedCommunity.ThisactionsupportstheOperationalExcellencegoalby
communicatingtheCity’sprojectedfinancialpositionforthecurrentfiscalyearinanopenandtransparentmanner.This
transparency supports City Initiative 1.3.1. - “Foster public trust through an open and ethical government.”
CURRENT YEAR FISCAL IMPACT
Approval of the resolution amending the fiscal year 2015/16 budget will result in the following impacts:
GeneralFund-ThereisnonetimpacttotheGeneralFundastherecommendedadjustmentstothisfundareeither
revenue offset or neutral as a result of expenditure or revenue transfers within expenditure categories.
OtherFunds-TheSupplementalLawEnforcementServicesFund,PoliceGrantsFund,RDA2008TARBSProjectFund-
SA,andtheBicycleFacilitiesFundwillbenegativelyimpactedasadjustmentsthatwilldecreaserevenuesoradditional
appropriationsthatwillbemadefromtheavailablebalancesofthesefunds.TheAD97-2FundandtheEquipment
ReplacementFundwillbepositivelyimpactedasaresultofincreasedrevenuesresultingfromtherecommended
changes.TherecommendedadjustmentstotheAssetSeizureFund,theTransitCapitalProjectsFund,TheTrunkSewer
CapitalReserveandtheTUTCommonFundareconsistofoffsettingtransferbetweenexpenditurecategoriesandare
neutral resulting in no net impact to these funds.
Inter-FundLoanAdjustments-Theseadjustmentsareadministrativeinnatureandarerecommendedinordertoalignthe
budgetsoftheaffectedfundswiththecurrentloanrepaymentschedules.Theproposedadjustmentswillbemadefrom
theavailablebalancesoftheaffectedfunds.Wherepossible,budgetreductionsarealsoincorporatedinthe
recommended changes in order to mitigate the budgetary impact.
InvestmentManagementServicesandBankCharges-Theseappropriationsareadministrativeinnatureandwillbe
madefromtheavailablebalancesoftheaffectedfunds.Futurebudgetsmayincludeappropriationsforthesecoststhus
precluding the need for fiscal year-end budget adjustments.
ONGOING FISCAL IMPACT
Staffwillreviewtheimpactedbudgetstoidentifypotentialongoingimpactsandmayrecommendchangesduringfiscal
year 2017/18.
Staff Contact: David Bilby, Finance Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2015/16BUDGET TO ADJUST FOR
VARIANCES AND APPROPRIATING FUNDS THEREFOR
WHEREAS,the City Charter states that at any meeting after the adoption of the budget,
the City Council may amend or supplement the budget by a motion adopted by the affirmative
votes of at least four members; and
WHEREAS,staff has completeda year-end review and is recommending a number of
budget amendmentsin order to address unanticipated budget overages; and
WHEREAS, various transfers between revenue and expense categories are recommended
in order to address unanticipated budget overages and ensure correct accurate year-end reporting;
and
WHEREAS,staff is recommending various appropriations and/or transfers between
expenditure categories within General Fund Departments to mitigate overages within
expenditure categories that result inno net impact as the recommended adjustments to this fund
are either revenue offset or neutral as a result of expenditure or revenue transfers within
expenditure categories; and
WHEREAS, the adjustments in the General Fund also include a transfer from the
Museum Demolition Non-CIP Project to the Civic Center Library Remodel Non-CIP Project in
the amount of $20,031 that results in a no net impact to the General Fund; and
WHEREAS, the Supplemental Law Enforcement Services Fund, Police Grants Fund,
RDA 2008 TARBS Project Fund –SA, and the Bicycle Facilities Fund will benegatively
impacted due to adjustments that will decrease revenues or additional appropriations that will be
made from the available balances of these funds; and
WHEREAS, the AD97-2 Fund and the Equipment Replacement Fund will be positively
impacted as aresult of increased revenues resulting from the recommended changes; and
WHEREAS,he recommended adjustments to the Asset Seizure Fund, the Transit Capital
t
Projects Fund, The Trunk Sewer Capital Reserve and the TUT Common Fund consist of
offsetting transfersbetween expenditure categories and are neutral resulting in no net impact to
these funds;and
WHEREAS,staff is recommending budget amendments needed in order to bring the
budget in line with the recommended transfers in and transfers out needed fortheinter-fundloan
repayments thus aligningthe budget with the updated loan repayment scheduleswith said budget
adjustments reflecting reductions where possible to mitigate the fiscal impact; and
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WHEREAS,in addition to formulating the recommended budget adjustments for the
inter-fund loans, staff also made various balance sheet adjustments to align the accounting with
the updated loan repayment schedules;and
WHEREAS,the appropriations for bank and investment services costsare administrative
in nature and will be made from the available balances of the affected fundsand therefore
resulting in a more accurate accounting of these expenses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby amend the fiscal year 2015/16budget and approves the following
appropriations:
Summary of General Fund Appropriations and/or Transfers
PERSONNEL SUPPLIES & OTHER TRANSFERS TOTAL TOTAL
DEPARTMENT/FUNDSERVICES SERVICES EXPENSES CAPITAL UTILITIES OUT CIP EXPENSE REVENUE NET COST
City Attorney
$ (101,000)$ 101,000$ -$ -$ -$ -$ -$ -$ -$ -
Administration
$ (26,100)$ 26,100$ -$ -$ -$ -$ -$ -$ -$ -
Non-Departmental
$ -$ 174,817$ -$ (134,287)$ -$ 285,803$ -$ 326,333$ 326,333$ -
Police$
$ 233,400$ 55,200$ 108,100$ -(75,188)$ (158,212)$ -$ 163,300$ -$ 163,300
Fire$
$ (56,350)$ 86,920$ -$ -(23,320)$ -$ -$ 7,250$ 7,250$ -
Public Works$
$ (129,400)$ 129,400$ -$ 50,000(213,300)$ -$ -$ (163,300)$ -$ (163,300)
Recreation
$ -$ (30,500)$ 30,500$ -$ -$ -$ -$ -$ -$ -
TOTAL GENERAL FUND$ (311,808)
$ (79,450)$ 542,937$ 138,600$ (84,287)$ 127,591$ -$ 333,583$ 333,583$ -
TOTAL
Project# Project Description NON-CIP REVENUE NET COST
4125270100Mueseum Demolition$ (20,031)$
$ -(20,031)
4126141100Civic Center Library Remodel$ 20,031$ -$ 20,031
TOTAL GENERAL FUND
$ -$ -$ -
Summary of Appropriations and/or Transfers for Other Funds
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Resolution No.
Page 3
Summary of Inter-Fund Loan Adjustments
SUPPLIES & TRANSFERS TOTAL TOTAL
DEPARTMENT/FUNDSERVICES OUTEXPENSE REVENUE NET COST
Non-Departmental ($383)
$ -$ -$ -$ -$ -
Storm Drain Revenue
$ (100,000)$ 487,600$ 387,600$ -$ 387,600
Trunk Sewer Capital Reserve$(4,605,105)
$ -$ -$ -$ 4,605,105
Sewer Facility Replacement$ (116,456)
$ -$ 140$ 140$ 116,596
Salt Creek Sewer Basin DIF
$ -$ 3,485,000$ 3,485,000$ 2,525$ 3,482,475
Long-term Advances DSF-City
$ -$ 1,970,436$ 1,970,436$ 788,424$ 1,182,012
2004 COP Civ Ctr Proj Phase I
$ -$ -$ -$ (383)$ 383
Fire Suppression Sys Expansion
$ -$ 1,130,824$ 1,130,824$ -$ 1,130,824
Transportation DIF$(1,561,774)
$ -$ 256$ 256$ 1,562,030
Park Land Acquisition Fund$ (289,959)
$ -$ 41$ 41$ 290,000
Western-Park Acquisition & Dev
$ -$ 290,000$ 290,000$ -$ 290,000
TOTAL ALL FUNDS$ (100,000)
$ (100,000)$ 7,364,297$ 7,264,297$ 7,364,297
Summary of Appropriations Investment and Banking Services Costs
SUPPLIES & OTHER TOTAL TOTAL
FUNDSERVICESEXPENSESEXPENSEREVENUE NET COST
Gas Tax
$ 2,067$ 1,161$ 3,228$ -$ 3,228
Sewer Income
$ 942$ 529$ 1,471$ -$ 1,471
Sewer Facility Replacement
$ 5,421$ 3,045$ 8,466$ -$ 8,466
OV Rd Fee Recovery District
$ 434$ 434$ -$ 434
EL Greens II AD 94-1 Impvt
$ 534$ 300$ 834$ -$ 834
Tele Cyn Drainage DIF
$ 2,100$ 1,180$ 3,280$ -$ 3,280
PFDIF - Civic Center Expansion
$ 2,234$ 1,254$ 3,488$ -$ 3,488
Corporation Yard Relocation
$ 641$ 360$ 1,001$ -$ 1,001
Library for Eastern Territory
$ 6,387$ 3,587$ 9,974$ -$ 9,974
Otay Ra Vlg 1,5&6 Ped Brid DIF
$ 533$ 300$ 833$ -$ 833
TOTAL ALL FUNDS
$ 21,293$ 11,716$ 33,009$ -$ 33,009
Presented byApproved as to form by
David BilbyGlen R. Googins
Director of Finance/TreasurerCity Attorney
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City of Chula Vista
Staff Report
File#:16-0395, Item#: 3.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAACCEPTINGBIDS;
AWARDINGACONTRACTFOR“INDUSTRIALBOULEVARDANDMAINSTREETSEWER
IMPROVEMENTSPROJECT(CIPNO.SW292)”AND“BRANDYWINEAVENUEGUARDRAIL
INSTALLATION,ALONGTHEWESTSIDEOFBRANDYWINEAVENUEFROMSONORADRIVE
SOUTHTOSONORADRIVENORTHPROJECT”TOBLUEPACIFICENGINEERING&
CONSTRUCTIONINTHEAMOUNTOF$394,799;APPROPRIATING$210,000FROMTHE
AVAILABLEBALANCEOFTHESEWERFACILITYREPLACEMENTFUND,REDUCINGTHE
STL389CIPBUDGETBY$150,000INTRANSNETFUNDSANDAPPROPRIATINGTHE
EQUIVALENTAMOUNTTOCIPSW292;AUTHORIZINGTHEDIRECTOROFPUBLICWORKSTO
EXECUTEALLCHANGEORDERS;ANDAUTHORIZINGTHEEXPENDITUREOFALLAVAILABLE
CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $60,000 (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
OnAugust17,2016,theDirectorofPublicWorksreceivedthree(3)sealedbidsforthe“Industrial
BoulevardandMainStreetSewerImprovements(CIPNo.SW292)”and“BrandywineAvenue
GuardrailInstallation,AlongtheWestsideofBrandywineAvenuefromSonoraDriveSouthtoSonora
DriveNorth”projects.Theprojectconsistsofthereplacementofanexistingsewermainalong
Industrial Boulevard and installation of new guardrail on the westside of Brandywine Avenue.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaCategoricalExemptionpursuanttotheCaliforniaEnvironmentalQuality
ActStateGuidelinesSection15301Class1(ExistingFacilities)and/orSection15303Class3(New
Construction or Conversion of Small Structures).
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesfora
CategoricalExemptionpursuanttoStateCEQAGuidelinesSection15301Class1(Existing
Facilities)and/orSection15303Class3(NewConstructionorConversionofSmallStructures).Thus,
no further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
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File#:16-0395, Item#: 3.
TheIndustrialBoulevardandMainStreetSewerImprovement(SW292)involvestheremovaland
replacementofapproximately280linealfeetofsewerpipes,removalandreplacementofexisting
manholes, installation of new manhole and re-alignment of existing storm drain system.
TheBrandywineAvenueGuardrailInstallationinvolvestheinstallationofmetalbeamguardrailwith
wooden posts approximately 580 lineal feet and the replacement of existing PCC sidewalk.
On August 17, 2016, the Director of Public Works received three(3) sealed bids as follows:
TheapparentlowbidbyWillkomInc.wasretractedbaseduponmathematicaldiscrepancymadein
theirbid.TheCityreceivedaformalwithdrawalletterexplainingthebidder’scalculationerror
(Attachment1).Asaresult,staffproceededtoexaminethesecondapparentlowbidpresentedby
BluePacificEngineering&Construction.Theirbidof$394,799is$171,341(approximately30%)
lowerthantheEngineersestimateof$566,140.BluePacificEngineering&Constructioniscurrently
anactivelicensedClass“A”,GeneralEngineeringContractor(LicenseNo.824455)andhas
performedsimilarworkintheCity.StaffhasreviewedBluePacificEngineering&Construction
referencesandbidpackage,anddeterminedthemtobearesponsibleandresponsivebidder;
therefore, staff recommends awarding SW292 to Blue Pacific Engineering & Construction.
TheproposedresolutionwouldalsoauthorizetheDirectorofPublicWorkstoapprovechangeorders
overandaboveexistingpolicylimits.UnderCityCouncilPolicyNo.574-01,ifanindividualchange
ordercausesthecumulativeincreaseinchangeorderstoexceedtheDirector’sauthority,(“Maximum
AggregateIncreaseinChangeOrders”),CityCouncilapprovalisrequired.Thecorresponding
maximumaggregatecontractincreasethatmaybeapprovedbytheDirectorofPublicWorksunder
PolicyNo.574-01is$30,635.93.ApprovaloftheresolutionwouldincreasetheDirectorofPublic
Worksauthoritytoapprovechangeorders,asnecessary,uptocontingencyamountof$60,000.00
(approximately15%ofcontract),anincreaseof$29,364.07overPolicyNo.574-01.Increasingthe
Director’sauthoritywillallowtheprojecttocontinuewithoutdelayshouldunforeseencircumstances
ariseresultinginincreasedprojectcostsduringthecourseofconstruction,aswellasmake
adjustmentstobiditemquantities.Unforeseenconditionsincludesuchitemsasutilityconflicts,
hazardousmaterials,unexpectedundergroundconflicts,etc.Ifthecontingencyfundsarenotused,
they will be returned to the project fund balance.
Wage Statement
TheContractoranditssubcontractorsarerequiredbybidspecificationstopayprevailingwage
(“PrevailingWageRates”)topersonsemployedbythemforworkunderthisContract.Inaccordance
withtheprovisionsofSection1773oftheLaborCodeoftheStateofCalifornia,theCityofChula
Vistahasascertainedthegeneralprevailingwagescalesapplicabletotheworktobedone.The
prevailingwagescalesarethosedeterminedbytheDirectorofIndustrialRelations,Stateof
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File#:16-0395, Item#: 3.
California.
Disclosure Statement
Attachment 2 is a copy of the Contractor’s Disclosure Statement.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilandhasfoundnopropertyholdings
within500feetoftheboundariesoftheproperties,whicharethesubjectoftheseactions.Staffisnot
independentlyaware,andhasnotbeeninformedbyanyCityCouncilmember,ofanyotherfactthat
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.TheIndustrial
BoulevardandMainStreetSewerImprovementsandtheBrandywineAvenueGuardrailInstallation
projectssupportstheHealthyCommunityandStrongandSecureNeighborhoodsStrategicGoalasit
improvessafetyandhealthtotheresidentsaswellascreatesappealingcommunitiestolive,work
and play.
CURRENT YEAR FISCAL IMPACT
ApprovaloftheresolutionwillawardacontractfortheIndustrialBoulevardandMainStreetSewer
Improvements(SW292)andBrandywineAvenueGuardrailInstallationProjectsandappropriate
$210,000fromtheSewerFacilityReplacementFundandtransfer$150,000inTransNetFundsfrom
STL389toSW292.SufficientSewerFacilityReplacementFundsandTransNetFundsareavailable
forsaidappropriations.Thetablebelowsummarizestheanticipatedprojectcostsandthefunding
sources:
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File#:16-0395, Item#: 3.
ONGOING FISCAL IMPACT
Upon completion of the project, the improvements will require routine City maintenance.
ATTACHMENTS
1.Withdrawal Letter
2.Contractor’s Disclosure Statement
Staff Contact: Patrick C. Moneda, Senior Civil Engineer
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RESOLUTION NO. 2016-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTA ACCEPTING BIDS; AWARDING A
CONTRACT FOR “INDUSTRIAL BOULEVARD AND MAIN
STREET SEWER IMPROVEMENTS PROJECT (CIP NO.
SW292)”AND “BRANDYWINE AVENUE GUARDRAIL
INSTALLATION,ALONG THE WESTSIDE OF
BRANDYWINE AVENUE FROM SONORA DRIVE SOUTH
TO SONORA DRIVE NORTHPROJECT” TO BLUE
PACIFIC ENGINEERING & CONSTRUCTIONIN THE
AMOUNT OF $394,799;APPROPRIATING $210,000 FROM
AVAILABLE BALANCE OF THE SEWER FACILITY
REPLACEMENT FUND,REDUCING THE STL389 CIP
BUDGET BY $150,000 IN TRANSNET FUNDS AND
APPROPRIATING THE EQUIVALENT AMOUNT TO CIP
SW292;AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE ALL CHANGE ORDERS; AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
CONTINGENCY FUNDS IN THE AMOUNT NOT TO
EXCEED $60,000
WHEREAS, the purpose of the project is to replace existing sewer main along
Industrial Boulevard and installation of new guardrail on the west side of Brandywine
Avenue; and
WHEREAS,the Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and has
determined that the project qualifiesfora Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and /orSection 15303
Class 3 (New Construction or Conversion of Small Structures) of the California
Environmental Quality Act State Guidelines; and
WHEREAS, On August 17, 2016,the Director of Public Works received three(3)
sealedbids for the “Industrial Boulevard and Main Street Sewer Improvements
(SW292)”and “Brandywine Avenue Guardrail Installation Along the Westside of
Brandywine Avenue from Sonora Drive South to Sonora Drive NorthProjects”; and
WHEREAS, the following bids were received:
CONTRACTORBID AMOUNT
Willkom Inc. –National City, California$249,928.50*
Blue Pacific Engineering & Construction –San Diego, $394,799.00
California
Just Construction, Inc. –San Diego, California$511,440.80
The lowest bidder withdrew prior to award.
*
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Resolution No. 2016-_____
Page 2
WHEREAS,a mistake occurred in the apparent low bid submitted by Willkom
Inc.; and
WHEREAS, the mistake made the bid materially different than Willkom Inc.
intended it to be; and
WHEREAS, the apparent low bid by Willkom Inc. was retracted based upon a
mathematical discrepancy made in their bid;and
WHEREAS, following the retraction of the Willkom Inc. bid, the bid from Blue
Pacific Engineering & Construction became the low bid; and
WHEREAS, Blue Pacific Engineering & Constructionis currently an active
licensed Class “A”–General Engineering Contractor (License No. 824455) and has
performed similar work in the City with satisfactory performance; and
WHEREAS, in the City Council Policy No. 574-01, the maximum aggregated
contract increase that maybe approved bythe Director of Public Works for the SW292
project is $30,635.93; and
WHEREAS, approval of the resolution would increase the Director of Public
Worksauthority to approve change orders as necessary, without further City Council
approval, in an amount notto exceed the contingency amount of $60,000
(approximately 15% of the contract); and
WHEREAS, the transfer and appropriation of $210,000from Sewer Facility
Replacement Fundand $150,000 from TRANSNET fundSTL389into SW292is
recommended in order to providesufficient fundsfor construction costs associated with
this project; and
WHEREAS, a breakdown of construction costs is as follows:
FUNDS REQUIRED FOR CONSTRUCTION
A.Contract Amount
$394,799.00
B.Contingency(Approximately 15% of Contract)
$60,000.00
C.Construction Inspection, Design and Land Survey Staff
$118,856.00
Costs
D.Material Testing
$17,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION$590,655.00
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Resolution No. 2016-_____
Page 3
Funding Source
Sewer Facility Replacement Fund(SW292)$230,655.00
Sewer Facility ReplacementFund (Appropriation)$210,000.00
TransNet Fund(Transfer from STL389)$150,000.00
Total Funding$590,655.00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista does hereby appropriate $210,000from the Sewer Facility Replacement
Fund and reduce the CIP STL389 budget by $150,000 in TransNet Fundsand
appropriate the equivalent amount to CIPSW292 to cover theConstruction Inspection,
Design, Land Surveying staff costs and material testing associated with this project.
BE ITFURTHER RESOLVED,by the City Council of the City of Chula Vista, that
it does hereby accept bids; award a contract for “Industrial Boulevard and Main Street
Sewer Improvements (SW292)”and “Brandywine Avenue Guardrail Installation Along
the Westside of Brandywine Avenue from Sonora Drive South to Sonora Drive North
Projects” toBlue Pacific Engineering & Constructionin the amount of $394,799,in the
form presented, with such minor modifications as may be required or approved by the
City Attorney, a copy of whichshall be kept on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED, by the City Council of the City of Chula Vista, that
it does authorize and direct the City Manager or his authorized representative to
execute the contract.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
does hereby waive Council Policy 574-01 and authorize the Director of Public Works to
approve change orders, as necessary, and expend all available contingency funds in an
amount not to exceed$60,000.
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#:16-0463, Item#: 4.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGALETTER
OFUNDERSTANDING(INVOLVINGUNIFORMSANDREPORTABLECOMPENSATION,AS
DEFINEDBYCALPERS)WITHTHECHULAVISTAPOLICEOFFICER’SASSOCIATION,AS
REQUIREDBYTHECALIFORNIAPUBLICEMPLOYEES'RETIREMENTSYSTEMOFFICEOF
AUDITSERVICESANDCALIFORNIACODEOFREGULATIONS,TITLE2,SECTION571(b)(1)(A)
(B)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In2013,theCaliforniaPublicEmployees'RetirementSystem(CalPERS)OfficeofAuditServices
(OAS)conductedapublicagencyreviewoftheCityofChulaVistatoexamineCitycompliancewith
applicablesectionsoftheCaliforniaGovernmentCode,CaliforniaCodeofRegulations,andtheCity
contract with CalPERS.
AsaresultofOAS'reviewandinordertocomplywithCaliforniaCodeofRegulations(CCR),Title2,
Section571(b)(1)(A)(B)whichrequiresthatreportablecompensation,asdefinedbyCalPERS,be
containedinawrittenlaborpolicyoragreementthatisapprovedandadoptedbytheemployer's
governingbody,StaffissubmittingaLetterofUnderstanding(regardinguniformsandreportable
compensation,asdefinedbyCalPERS)betweentheCityandtheChulaVistaPoliceOfficer’s
Association (CVPOA) for adoption by the City Council.
ENVIRONMENTAL REVIEW
Environmental Notice
Theactivityisnota“Project”asdefinedunderSection15378oftheCaliforniaEnvironmentalQuality
ActStateGuidelines;therefore,pursuanttoStateGuidelinesSection15060(c)(3)noenvironmental
review is required.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota“Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecauseitwillnotresultinaphysical
changeintheenvironment;therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,
the activity is not subject to CEQA. Thus, no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
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File#:16-0463, Item#: 4.
DISCUSSION
In2013,theCaliforniaPublicEmployees'RetirementSystem(CalPERS)OfficeofAuditServices
(OAS)conductedapublicagencyreviewoftheCityofChulaVistatoexamineCitycompliancewith
applicablesectionsoftheCaliforniaGovernmentCode,CaliforniaCodeofRegulations,andtheCity
contractwithCalPERS.Aspartoftheirreview,OASfoundthattheCityneededtoamendcurrent
MemorandumsofUnderstandingbyadoptingspecificlanguageandprocessesasitrelatesto
employee uniform allowances.
Furthermore,CaliforniaCodeofRegulations(CCR),Title2,Section571(b)(1)(A)(B)requiresthat
reportablecompensation,asdefinedbyCalPERS,becontainedinawrittenlaborpolicyor
agreementandsuchpolicyoragreementbedulyapprovedandadoptedbytheemployer'sgoverning
body in accordance with the requirements of applicable public meetings laws.
TheCityrespondedbymeetingwithallimpactedlaborgroupsandreachedagreementonLettersof
UnderstandingtoaddressOAS'findingandLettersofUnderstandingweresubsequentlyapprovedby
the City Council at their June 7, 2016 meeting.
CalPERSlaternotifiedstaffthattheLetterofUnderstandingbetweentheCityandCVPOA,while
addressedtheconditionsofpaymentforcleaningandmaintenanceofuniforms,didnotincludean
upperlimitreimbursement.StaffhassincereachedagreementwithCVPOAonasecondLetterof
Understanding that addresses CalPERS' additional requirement.
ThisactionmeetsthedirectionfromCalPERStohaveCityCouncilapprovesaidLetterof
Understanding, to meet the requirements of the CCR, Title 2, Section 571(b) (1) (A) (B).
DECISION-MAKER CONFLICT
Staffhasdeterminedthattheactioncontemplatedbythisitemisministerial,secretarial,manual,or
clericalinnatureand,assuch,doesnotrequiretheCityCouncilmemberstomakeorparticipatein
makingagovernmentaldecision,pursuanttoCaliforniaCodeofRegulationsTitle2,section18702.4
(a).Consequently,thisitemdoesnotpresentaconflictunderthePoliticalReformAct(Cal.Gov't
Code§87100,etseq.).Staffisnotindependentlyaware,andhasnotbeeninformedbyanyCity
Councilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictofinterest
in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community,StrongandSecureNeighborhoodsandaConnectedCommunity.ApprovalofthisLetter
ofUnderstandingsupportstheCity-widestrategicgoalofOperationalExcellenceasitenhances
disclosureandtransparencyofemployeecompensationand,asaresult,fosterspublictrustthrough
an open and ethical government.
CURRENT YEAR FISCAL IMPACT
There is no fiscal impact associated with this action.
ONGOING FISCAL IMPACT
Not applicable.
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File#:16-0463, Item#: 4.
ATTACHMENTS
LetterofUnderstandingbetweentheCityofChulaVistaandtheChulaVistaPoliceOfficer's
Association - Uniforms
Staff Contact: Erin Dempster
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LETTER OF
UNDERSTANDING(INVOLVING UNIFORM ALLOWANCES
AND REPORTABLE COMPENSATION, AS DEFINED BY
CALPERS) WITH THE CHULA VISTA POLICE OFFICER’S
ASSOCIATION, AS REQUIRED BY THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OFFICE OF
AUDIT SERVICES AND CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 571(b) (1) (A) (B)
WHEREAS, the California Public Employees' Retirement System (CalPERS) Office of
Audit Services (OAS) conducted a public agency review of the City of Chula Vista to examine
City compliance with applicable sections of the California Government Code, California Code of
Regulations,and the City contract with CalPERS; and
WHEREAS, as part of their review, OAS found that amendments to current
Memorandumsof Understanding were necessary to bring language into compliance and meetthe
requirements of the California Code of Regulations (CCR), Title 2, Section 571(b)(1)(A)(B); and
WHEREAS, following the CalPERS audit, City Staff met with impacted bargaining units
to agree to Letters of Understanding (LOU’s) that would amend currently adopted
Memorandums ofUnderstanding;and
WHEREAS, on June 7, 2016 after meeting with the bargaining units, City Council
approved the required LOU’s; and
WHEREAS, thereafter,CalPERS required as an additional term to the LOU’sthat an
upper limit forthe uniform allowance compensation be included; and
WHEREAS, in compliance with CalPERS requirements, CityStaff is submitting a LOU
between the City and the Chula Vista Police Officer’s Association,adding an upper limit to the
uniform allowance compensation,for City Council approval and adoption pursuant to CCR, Title
2, Section 571(b) (1)(A)(B), a copyof said LOUison file in the City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it hereby does approve and adopt, as required by California Code of Regulations Title
2, Section 571(b) (1) (A) (B), the above referenced LOUand further authorizes the City Manager
to make such minor modifications to the LOU as may be required or approved by the City
Attorney’s Office.
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Presented byApproved as to form by
Courtney ChaseGlen R.Googins
Director of Human ResourcesCity Attorney
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City of Chula Vista
Staff Report
File#:16-0454, Item#: 5.
RESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCHULAVISTAAPPROVINGWAIVING
THECOMPETITIVEBIDREQUIREMENT;APPROVINGANAGREEMENTWITHTHELIVING
COASTDISCOVERYCENTERTOPROVIDECOMPOSTPROGRAMSITEMAINTENANCEAND
COMPOSTPROGRAMEDUCATIONALSERVICESFORTHECITYOFCHULAVISTA;AND
AUTHORIZINGTHECITYMANAGERORDESIGNEETOEXECUTEATWO-YEARAGREEMENT
WITH OPTIONS FOR THREE, ONE-YEAR EXTENSIONS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
StaffisrequestingCouncilapprovaloftheagreementwiththeLivingCoastDiscoveryCenter(LCDC)
insupportoftheCity’scompostingprogram.ApprovalofthisagreementwiththeLCDCwillallowthe
Citytohostcompostingworkshopsandpresentations,maintainthecurrentcomposting
demonstrationarea,assistintherecruitmentofprogramparticipantsandsupporttheCity’s
composting network of volunteers.
ENVIRONMENTAL REVIEW
Environmental Notice
TheProjectqualifiesforaClass1CategoricalExemptionpursuanttoSection15301(Existing
Facilities) of the California Environmental Quality Act State Guidelines.
Environmental Determination
TheDirectorofDevelopmentServiceshasreviewedtheproposedprojectforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheprojectqualifiesforaClass
1CategoricalExemptionpursuanttoSection15301(ExistingFacilities)oftheStateCEQA
Guidelinesbecausetheproposalinvolvesnegligibleornoexpansionofanexistinguse.Thus,no
further environmental review is required.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
TheCityofChulaVista’scompostingprogramispartoftheIntegratedWasteManagementPlanto
divertresourcesfromdisposaltohigherandbetteruses.ThisprogramoffersChulaVistaresidents
theknowledgetoturntheirhome-generatedvegetativewasteintonutrient-richcompost/soil
amendment.KeepingthisorganicmaterialoutoftheOtayLandfillpreventsadditionalgenerationof
methane,themostpotentofgreenhousegassesandhelpstheCity’scomplywithorganicwaste
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File#:16-0454, Item#: 5.
reduction measures, as directed by California Assembly Bill 1826.
Previously,theLivingCoastDiscoveryCenter(LCDC)waspartoftheCity’soperationsasthe Chula
VistaNatureCenter butin2010itbecameastand-aloneentity.Priortothetransfer,the
EnvironmentalServicesSectionbuiltacompostdemonstrationsiteandoutsidelectureshelterfor
weeklyclasses;andregularlyusedthecenter’sauditoriumforeveningcompostingworkshops.The
cooperationbetweentheLCDCandcitystaffproducedasuccessfulprogramthatcontinuestothrive.
ThiswasmainlyinpartbecauseLCDCstaffholdsuniqueandinvaluableknowledgeofthecity’s
backyardcompostingprogramandhaspartneredwiththecitysincetheprogram’soriginal
development.Therefore,staffisrequestingthatCouncilwaivethecompetitivebidprocessgiventhe
unique and specialized qualifications and relationship with the LCDC.
EnteringintoabindingagreementwillformalizetherelationshipbetweentheCityandLCDCforthe
backyardcompostingprogramandwillgivetheCityManagerordesigneeauthoritytoexecutethree,
one-yearextensions.InpastyearstheLCDCandtheCityoperatedtheprogramwithacontractthat
provided“asneeded”servicesandnowseekstoformalizealong-termagreementthatwillsecurethe
City’sbackyardcompostingprogram,theinstitutionalknowledgeofLCDCstaffandthelocationto
hold workshops and presentations.
DECISION-MAKER CONFLICT
StaffhasreviewedthepropertyholdingsoftheCityCouncilmembersandhasfoundnoproperty
holdingswithin500feetoftheboundariesofthepropertywhichisthesubjectofthisaction.
Consequently,thisitemdoesnotpresentadisqualifyingrealproperty-relatedfinancialconflictof
interestunderCaliforniaCodeofRegulationsTitle2,section18702.2(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.Theapprovalofthis
agreementsupportstheCity’sStrategicPlangoalsofEconomicVitalityandHealthyCommunity.
Investmentsinsustainabilityprojectsensureandpromoteahealthyenvironment,astrongeconomy
and well-being for all.
CURRENT YEAR FISCAL IMPACT
ThereisnoimpacttotheGeneralFund.Allexpendituresandrevenuesarefullyfundedthroughthe
Environmental Services Fund.
ONGOING FISCAL IMPACT
Therearenolong-termongoingimpactstotheGeneralFund.Allexpendituresandrevenues
associated with this two-year contract are fully funded through the Environmental Services Fund.
ATTACHMENTS
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1.Two party agreement
Staff Contact: Manuel Medrano, Senior Recycling Specialist
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA (1)
APPROVING WAIVING THE COMPETITIVE BID
REQUIREMENT; (2) APPROVING THE AGREEMENT
WITH THE LIVING COAST DISCOVERY CENTER TO
PROVIDE COMPOST PROGRAM SITE MAINTENANCE
AND COMPOST PROGRAM EDUCATIONAL SERVICES
FOR THE CITY OF CHULA VISTA; AND (3) AUTHORIZING
THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID
AGREEMENT WITH OPTION FOR THREE, ONE-YEAR
EXTENSIONS
WHEREAS,The Living Coast Discovery Center was previously part of the City of
Chula Vista operations, as the Chula Vista Nature Center;and
WHEREAS,in 2010, the Chula Vista Nature Center became a stand-alone entity,
the Living Coast Discovery Center; and
WHEREAS, Prior to the transfer to the Living Coast Discovery Center, the City’s
Environmental Services Section built a compost demonstration site and outside lecture
shelter to host classesand whichincluded the use of the Nature Center Auditorium for
evening composting workshops; and
WHEREAS, The Environmental Services Section managed weekly composting
workshops, Master Composting courses and compost public education with the
assistance of the Living Coast Discovery Center staff and the compost demonstration
site; and
WHEREAS, The City finds that the Living Coast Discovery Center has the unique
and specialized qualifications, including holding the City’s compost program
demonstration area in their property and possessing the unique expertise and
experience to provide education services that includes previous maintenance of the
program’s member network and the connections to local school districts for the purpose
of hosting tours and presentations on their property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves theagreementfor the City of Chula Vista’s backyard composting
program, between the City andThe Living Coast Discovery Center, 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 City Clerk, and
authorizesand directsthe Mayor to execute same.”
C:\\Users\\GRANIC~1\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 7\\@BCL@7C05C298\\@BCL@7C05C298.doc
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Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, does
hereby
1)Based on the findings in the above recitals which are hereby incorporated
herein presented in support of this action, waive the competitive bid
requirement
2)Approve the agreement from the Living Coast Discovery Center to provide
compost program site maintenance and compost program educational
services for the City of Chula Vista’s backyard composting program.
3)Authorizing the City Manager or designee to execute three, one-year options
to extend said agreementas needed.
Presented byApproved as to form by
Eric Crockett, DirectorGlen R. Googins
Economic Development DepartmentCity Attorney
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CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDERSERVICES AGREEMENT
WITH LIVING COAST DISCOVERY CENTER
TO PROVIDE SERVICES TO BE PROVIDED
\[\]
1
This Agreement is entered into effective as of (“Effective Date”)by and between the City of
October 1, 2016
Chula Vista, a chartered municipal corporation (“City”) and Living Coast Discovery Center,
a 501(c)(3)
)(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with
organization
reference to the following facts:
R
ECITALS
WHEREAS, The Living Coast Discovery Center was previously part of the City of Chula Vista operations, as the
2
Chula Vista Nature Center;and
WHEREAS, In 2010, the Nature Center became a stand-alone entity, the Living Coast Discovery Center 3; and
WHEREAS, prior to the transfer to the Living Coast Discovery Center, the Environmental Services Section of
the Economic Development Department built the compost demonstration site and outside lecture shelter to host classes
and workshops that included the use of the Nature Center auditorium; and
WHEREAS, Economic Development-Environmental Services Section and Living Coast Discovery Center
continued this working relationship without a formal contract after the transfer of ownership; and
WHEREAS, the demand for these courses and workshops has grown along with the need to develop a Master
Composter community, including the provision of workshops, Master Composting courses and public education; and
WHEREAS, In order to procure these services the Living Coast Discovery Center was chosen based on their
unique qualifications, including holding theCity's compost program demonstration area in their property and possessing
the unique expertise and experience to provide education services that includes previous maintenance of the program's
member network and connections to local school districts for the purpose of holding tours and presentations on their
property; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista
Municipal Code Section 2.56.070.B.4; 2.56.090; and
WHEREAS, Contractor/Service Providerwarrants and represents that it is experienced and staffed in a manner
such that it can deliver the services required of Contractor/Service Providerto City in accordance with the time frames
and the terms and conditions of this Agreement.
\[End of Recitals. Next Page Starts Obligatory Provisions.\]
1If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s work commences.
City of Chula Vista Agreement No.: 16096
1
Consultant Name: Living Coast Discovery Center
Rev. 5/26/16
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OP
BLIGATORYROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Providerhereby agree as follows:
1.SERVICES
1.1 Required Services. Contractor/Service Provideragrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached ExhibitA, incorporated into the Agreement by this
reference, within the time frames set forth therein, time being of the essence for this Agreement.The
services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service
Providerunder this Agreement. Upon doing so, City and Contractor/Service Provideragree to meet and
confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated
with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provideragree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Providerexpressly warrants and agrees that any and all
Required Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under similar conditions and in similar locations.
1.5No Waiver of Standard of Care. Where approval by City is required, it is understood to be
conceptual approval only and does not relieve the Contractor/Service Providerof responsibility for
complying with all laws, codes, industry standards, and liability for damages caused by negligent acts,
errors, omissions, noncompliance with industry standards, or the willful misconduct of the
Contractor/Service Provideror its subcontractors.
1.6Security for Performance. In the event that Exhibit A Section 4 indicates the need for
Contractor/Service Providerto provide additional security for performance of its duties under this
Agreement, Contractor/Service Providershall provide such additional security prior to commencement of its
Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the
City Attorney.
1.7Compliance with Laws.In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
City of Chula Vista Agreement No.: 16096
2
Consultant Name: Living Coast Discovery Center
Rev. 5/26/16
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1.8Business License. Prior to commencement of work, Contractor/Service Providershall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Providershall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service
Providerin the performance of the Required Services. Contractor/Service Provideragrees to take
appropriate measures necessary to ensure that all subcontractors and personnel utilized by the
Contractor/Service Providerto complete its obligations under this Agreement comply with all applicable
laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor
is expected to fulfill any responsibilities of the Contractor/Service Providerunder this Agreement,
Contractor/Service Providershall ensure that each and every subcontractor carries out the
Contractor/Service Provider’s responsibilities as set forth in this Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or
Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when
the Parties have complied with all their obligations hereunder; provided, however, provisions which
expressly survive termination shall remain in effect.
2.COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Providerin the amount(s) and on the terms set forth in Exhibit A, Section 3. Standard
terms for billing and payment are set forth in this Section 2.
2.2Detailed Invoicing.Contractor/Service Provideragrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month
following the Effective Date of the Agreement. All charges must be presented in a line item format with
each task separately explained in reasonable detail. Each invoice shall include the current monthly amount
being billed, the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Providermust obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation thatthe Required Services detailed in the invoice have been satisfactorily performed, City
shall pay Contractor/Service Providerfor the invoice amount within thirty (30) days. Payment shall be made
in accordance with the terms and conditions set forth in ExhibitA and section 2.4, below. At City’s
discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the
amount invoiced.
2.4Retention Policy.City shall retain ten percent (10%) of the amount due for Required Services
detailed on each invoice (the “holdback amount”). Upon City review and determination of Project
Completion, the holdback amount will be issued to Contractor/Service Provider.
2.5Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Providerin the performance of the Required Services if negotiated in
advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider
shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Providerin the
performance of the Required Services.
City of Chula Vista Agreement No.: 16096
3
Consultant Name: Living Coast Discovery Center
Rev. 5/26/16
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2.6Exclusions. City shall not be responsible for payment to Contractor/Service Providerfor any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A.
City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of
or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider,
its agents, employees, or subcontractors.
2.7Payment Not Final Approval. Contractor/Service Providerunderstands and agrees that payment to
the Contractor/Service Provideror reimbursement for any Contractor/Service Providercosts related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under thisAgreement, nor does it constitute a
waiver of any violation by Contractor/Service Providerof the terms of this Agreement. If City determines
that Contractor/Service Provideris not entitled to receive any amount of compensation already paid, City
willnotify Contractor/Service Providerin writing and Contractor/Service Providershall promptly return
such amount.
3.INSURANCE
3.1 Required Insurance. Contractor/Service Providermust procure and maintain, during the period of
performance of RequiredServices under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the
Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all
other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if
insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For
Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Providermust include all sub-Contractor/Service Providers/sub-
contractors as insureds under its policies and/or furnish separate certificates and endorsements
demonstrating separate coverage for those not under its policies. Any separate coverage for sub-
Contractor/Service Providers must also comply with the terms of this Agreement.
3.5Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance
specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general
liability additional insured coverage must be provided in the form of an endorsement to the
Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement
must not exclude Products/Completed Operations coverage.
3.6General Liability Coverage to be “Primary.”Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, itsofficers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
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wholly separate from the insurance provided by Contractor/Service Providerand in no way relieves
Contractor/Service Providerfrom its responsibility to provide insurance.
3.7No Cancellation.No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified
mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service
Providermust procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of
Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition,
Contractor/Service Providerwaives any right it may have or may obtain to subrogation for a claim against
City.
3.9Verification of Coverage. Prior to commencement of any work, Contractor/Service Providershall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Providerhas obtained the Required Insurance in compliance
with the terms of this Agreement. 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” or anysimilar
language must be deleted from all certificates. The required certificates and endorsements should otherwise
be on industry standard forms. 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.
3.10Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution
Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the
following requirements also apply:
a.The “Retro Date” must be shown, and must be before the date of this Agreement or the
beginning of the work required by this Agreement.
b.Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c.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 this Agreement, the Contractor/Service Providermust
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work
required by this Agreement.
d.A copy of the claims reporting requirements must be submitted to the City for review.
3.11Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12Additional Coverage. To the extent that insurance coverage provided by Contractor/Service
Providermaintains higher limits than the minimums appearing in Exhibit B, City requires and shall be
entitled to coverage for higher limits maintained.
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4.INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Providershall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers
(collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or
equity, to property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials,
officers, employees, agents, and contractors, arising out of or in connection with the performance of the
Required Services, theresults of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, 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.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this
Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost,
expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted
against one or more of the Indemnified Parties. Subject to the limitations in this Section 4,
Contractor/Service Providershall pay and satisfy any judgment, award or decree that may be rendered
against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by
any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the
Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider.
Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or
excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provideragrees to pay any and all costs City incurs in
enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
.
5.1Form 700 Filing.The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Providershall comply with the disclosure requirements identified in the attached Exhibit C, incorporated
into the Agreement by this reference.
5.2Disclosures; Prohibited Interests.Independent of whether Contractor/Service Provideris required to
file a Form 700, Contractor/Service Providerwarrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Providerwarrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Providerwarrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Providerfurther warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds
hereof, or in the business of Contractor/Service Provideror Contractor/Service Provider’s subcontractors.
Contractor/Service Providerfurther agrees to notify City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these
warranties, City shall have the right to rescind this Agreement without liability.
6.REMEDIES
6.1Termination for Cause. If for any reason whatsoever Contractor/Service Providershall fail to
perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service
Providershall violate any of the other covenants, agreements or conditions of this Agreement (each a
“Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law
or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Providernotifies City of its intent to cure such Default prior to City’s specified
termination date, and City agrees that the specified Default is capable of being cured, City may grant
Contractor/Service Providerup to ten (10) additional days after the designated termination date to effectuate
such cure. In the event of a termination under this Section 6.1, Contractor/Service Providershall
immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by
Contractor/Service Provideras part of the Required Services. Such Work Product shall be City’s sole and
exclusive property as provided in Section 7 hereof. Contractor/Service Providermaybe entitled to
compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or
any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Providerof such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Providershall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in
Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in
Section 7 hereof. Contractor/Service Providershall be entitled to receive just and equitable compensation
for this Work Product in an amount equal to the amount due and payable under this Agreement for work
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satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining
Required Services requested or approved by City in advance that would maximize City’s value under the
Agreement.
6.3 Waiver ofClaims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Providerhereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by
City in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Providershall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process.Contractor/Service Provideragrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provideris a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Providerirrevocably
consents to service of process on Contractor/Service Providerby first class mail directed to the individual
and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such
service shall be effective five days after mailing.
7.OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the
performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive
property of City. No such Work Product shall be subject to private use, copyrights or patent rights by
Contractor/Service Providerin the United States or in any other country without the express, prior written
consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,
copyright or patent, in whole or in part, any such Work Product, without requiring any permission of
Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or
expressly prohibited by other applicable laws. With respect to computer files containing data generated as
Work Product, Contractor/Service Providershall make available to City, upon reasonable written request by
City, the necessary functional computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8.GENERAL PROVISIONS
8.1Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Providershall not assign any of its rights or
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responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3Authority. The person(s) executing this Agreement for Contractor/Service Providerwarrants and
represents that they have the authority to execute same on behalf of Contractor/Service Providerand to bind
Contractor/Service Providerto its obligations hereunder without any further action or direction from
Contractor/Service Provideror any board, principle or officer thereof.
8.4Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provideragrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7Further Assurances. The Parties agree to perform such further actsand to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8Independent Contractor. Contractor/Service Provideris and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provideror any of Contractor/Service Provider’s
officers, employees, or agents (“Contractor/Service ProviderRelated Individuals”), except as set forth in
this Agreement. No Contractor/Service ProviderRelated Individuals shall be deemed 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. Furthermore, City will not withhold state or federal income tax, social security tax or any other
payroll tax with respect to any Contractor/Service ProviderRelated Individuals; instead, Contractor/Service
Providershall be solely responsible for the payment of same and shall hold the City harmless with respect to
same. Contractor/Service Providershall not at any time or in any manner represent that it or any of its
Contractor/Service ProviderRelated Individuals are employees or agents of City. Contractor/Service
Providershall not incur or have the power to incur any debt, obligation or liability whatsoever against City,
or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands 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 at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
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(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDERSERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provideragree that they have read and understood all terms and conditions of the
Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
Living Coast Discovery Center CITY OF CHULA VISTA
BY:________________________________BY: ________________________________
Ben Vallejos MARY CASILLAS SALAS
Executive Director
MAYOR
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ATTEST
BY: ________________________________
DONNA R. NORRIS, CMC
CITY CLERK
APPROVED AS TO FORM
BY: ________________________________
GLEN R. GOOGINS
CITY ATTORNEY
4Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation
signature block.
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1.Contact People for Contract Administration and Legal Notice
A.City Contract Administration:
Lynn France
276 Fourth Avenue
Chula Vista, CA 91910
619-585-5709
lfrance@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.us
B.Contractor/Service ProviderContract Administration:
LIVING COAST DISCOVERY CENTER
1000 Gunpowder Point Drive
Chula Vista, CA 91910
619-409-5900
Ben@thelivingcoast.org
For Legal Notice Copy to:
Same as above
2.Required Services
A.General Description:
The Living Coast Discovery Center to provide educationalservices within the City of Chula Vista composting
program, which include Master Composter Training courses, and development of a master Composter Community
Network to share information (“Composted Related Services”)
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B.Detailed Description:
TaskDescriptionDeliverablesCompletion Date
Composting Demonstration Site The LCDC will acquire all Continuously through June
1
Maintenance30, 2018
materials for composting,
including materials for building,
turning, and harvesting compost
piles
The LCDC will maintain three
compost piles. One of them will
be an active compost pile that is
added to and turned weekly
The LCDC will keep benches,
tables, interpretive signs, and
shade structures free of
cobwebs, dust, bird droppings,
and graffiti
The LCDC will keep paths weed
free and raked daily
The LCDC will maintain native
or drought tolerant landscaping
through weeding, raking,
trimming of vegetation, removal
of invasive plants, and
replacement of dead and
diseased plants
The LCDC will request
Backyard Composting program
fliers from the City to ensure
that they are available in the on-
site brochure holders
2 Organizing Composting WorkshopsThe LCDC will host and teach Continuously through June
30, 2018
weekly Backyard Composting
workshops to guests (with paid
admission),focusing on
composting and pesticide free
gardening practices.
The LCDC will have all
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workshop participants sign in
with their name and address
The LCDC will maintain an
average monthly workshop
attendance of fifteen Chula
Vista residents
The LCDC will send a weekly
list, to the City, of qualifiedbin
recipients
Each month the LCDC will send
the City a copy of the sign-in
sheet for all workshops in the
current month
3 Master Composter Training Course The LCDC will host Master Continuously through June
Coordination30, 2018
Composter Training Courses
The LCDC will schedule, plan,
and organize the classroom
activities for each Master
Composter Training Course
The LCDC will provide
professional speakers for the
Master Composter Training
Course
The LCDC will attend and lead
field trips for each Master
Composter Training Course
The LCDC will provide
volunteer coordination for all
Master Composter Training
Course participants
4 Chula Vista Master Composter Network The LCDC will create and Continuously through June
maintenance30, 2018
manage an e-mail listserv,
Facebook account, and resource
list for all Master Composter
students to network.
The LCDC will host semi-
annual Master Composter
Network Mixers that will be
open to all participants of the
Master Composter Training
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Upon approval; the LCDC will
provide up to ten (10)
educational outreaches to
schools within the City to
include elementary, middle, and
high schools.
The LCDC will coordinate and
schedule the outreach.
The LCDC will travel to Chula
Vista schools to provide
educational programming. Upon
approval, the LCDC may host
field trips and provide specially
tailored compost programming
in the Compost Demonstration
Garden.
Chula Vista school outreach and field Upon approval, the LCDC will Continuously through June
5
trip coordination30, 2018
provide up to ten (10)
educational outreaches to
schools within the City.
These outreaches include
elementary, middle, and high
schools.
The LCDC will coordinate and
schedule the outreach.
The LCDC will travel to Chula
Vista schools to provide
educational programming.
Upon approval, the LCDC may
host field trips and provide
specially tailored compost
programming in the Compost
Demonstration Garden.
6 Management of Composting programs The LCDC will manage the Continuously through June
daily operations of the 30, 2018
composting program
7 Support For Zero Waste Efforts Support zero waste efforts for At mutual agreement between
Living Coast event including LCDC and the City of Chula
recruiting master composter Vista
volunteers, providing logistic
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support, and using LCDC's zero
waste programs and events as an
example for other zero waste
initiatives
C.Date for completion of all Required Services:
June 30, 2018
3. Compensation:
A.Form of Compensation
Invoiced or agreed-upon amounts as follows:
1)Composting Demonstration Site Maintenance: $35.00/hour; for a maximum of 208 hours.
2)Organizing Composting Workshops: $35.00/hour; for a maximum of 156 hours
3)Master Composter Training Course Coordination: $35.00/hour; for a maximum of 106 hours
4)Chula Vista Master Composter Network Maintenance: $35.00/hour; for a maximum of 78 hours
5)Chula Vista school outreach and field trip coordination: $3,000/hour; for a maximum of 10 hours
6)Management of Composting programs: $50.00/hour; for a maximum of 26 hours
7)Support For Zero Waste Efforts: $5,000
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Providerfor services
performed through shall not exceed .
June 30. 201850,000 per fiscal year
4.Special Provisions:
Options to Extend: Notwithstanding the completion date set forth in section 3.C., above, City has option to
extend this Agreement for up to additional years, in one-year increments. The Director of Finance/Treasurer
3
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend,
each extension shall be on the same terms and conditions contained herein, provided that the amounts specified
in Section 3above. The maximum amount to be paid to Contractor/Service Provider for each one-year
extension term shall not exceed $50,000.If the City shall desires to exercises its option to extend the Agreement,
it shall notify Contractor/Service Providerof its decision to do so, in writing.
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EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTORS/SERVICE PROVIDERS
Contractor/Service Providershall adhere to all terms and conditions of Section 3 of the Agreement and agrees
to provide the following types and minimum amounts of insurance, as indicated by checking the applicable
boxes (x).
Type of InsuranceMinimum AmountForm
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injuryLiability insurance with a general
aggregatelimit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement *Must be primary and must not
or Blanket AI Endorsement for exclude Products/Completed
City*Operations
Waiver of Recovery Endorsement
Automobile Liability$1,000,000 per accident for bodily Insurance Services Office Form
injury, including death, and CA 00 01
property damageCode 1-Any Auto
Code 8-Hired
Code 9-Non Owned
Workers’$1,000,000 each accident
Compensation$1,000,000 disease policy limit
Employer’s Liability$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: NONE
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDERCONFLICT OF INTERESTDESIGNATION
56
The Political Reform Actand the Chula Vista Conflict of Interest Code(“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures
using a Statement of Economic Interests form (Form 700).Once filed, a Form 700 is a public document,
accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form
7
700 are also required to comply with certain ethics training requirements.
1.Required Filers
Each individual who will be performing services for the Citypursuant to the Agreement and who meets the
definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the
City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700
filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the
terminationof the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, orexcluded from disclosure, based on an
analysis of the services the Contractor/Service Providerwill provide. Notwithstanding this designation or
anything in the Agreement, the Contractor/Service Provideris ultimately responsible for complying with
FPPC regulations and filing requirements. If youhave any questions regarding filing requirements, please
do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-
3772 *2.
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
NameEmail AddressApplicable Designation
Ben VallejosBen@thelivingcoast.org
A. Full Disclosure
B. Limited Disclosure
(select one or more of the categories
under which Contractor/Service Providershall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded fromDisclosure
Enter NameEnter email address
A. Full Disclosure
B. Limited Disclosure
(select one or more of the categories
under which Contractor/Service Providershall file):
1.2.3.4.5.6.7.
Justification:
C. Excluded from Disclosure
Completed by: Manuel Medrano(Add additional pages, as needed.)
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor/Service Provider’s requirement to comply with the disclosure requirements set forth
in the Code.
5Cal. Gov. Code §§81000et seq.; FPPC Regs. 18700.3 and 18704.
6Chula Vista Municipal Code §§2.02.010-2.02.040.
7Cal. Gov. Code §§53234, et seq.
City of Chula Vista Agreement No.: 16096
18
Consultant Name: Living Coast Discovery Center
Rev. 5/26/16
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City of Chula Vista
Staff Report
File#:16-0487, Item#: 6.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9 (d)(1)
Name of case:Earl Jentz et al. v. City of Chula Vista, San Diego Superior Court,
Case No. 37-2016-00032228-CU-TT-CTL
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City of Chula Vista
Staff Report
File#:16-0488, Item#: 7.
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6
Agency designated representatives: Gary Halbert, Glen Googins, Kelley Bacon, Courtney
Chase, Maria Kachadoorian, Simon Silva, Harry Muns and David Bilby
Employee organization:International Association of Firefighters (IAFF).
City of Chula VistaPage 1 of 1Printed on 10/6/2016
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